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2021-01-13 Planning Board PacketC)p E 04 � O Planning Board Remote Zoom Meeting Agenda 121 5th Ave. N. Edmonds, WA 98020 www.edmondswa.gov Michelle Martin 425-771-0220 Wednesday, January 13, 2021 7:00 PM Virtual Online Meeting Remote Meeting Information Join Zoom Meeting: https://zoom.us/j/94929270967?pwd=MOFMaU5SNXFwTIRZMkFDTGcxVnRaQT09 Meeting ID: 949 2927 0967. Password: 914397. Call into the meeting by dialing: 253-215-8782 Land Acknowledgement for Indigenous Peoples We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. 1. Call to Order Attendee Name Present Absent Late Arrived 2. Approval of Minutes A. Generic Agenda Item (ID # 5230) Approval of Minutes Background/History N/A Staff Recommendation Approve December 9th, 2020 meeting minutes ATTACHMENTS: • PB201209d (PDF) Planning Board Page 1 Printed 11812021 Remote Zoom Meeting Agenda January 13, 2021 3. Announcement of Agenda 4. Audience Comments 5. Administrative Reports A. Generic Agenda Item (ID # 5191) Director Report Background/History The Director Report is typically reviewed during each Planning Board meeting. Staff Recommendation Review Director Report. ATTACHMENTS: • Director. Report. 01.13.2021(PDF) 6. Public Hearings 7. Unfinished Business A. Generic Agenda Item (ID # 5223) Tree Code Regulations Update Background/History The Planning Board has been reviewing the draft tree code since October 2020, specifically at the October 14, October 28, November 12, and November 18 Planning Board meetings. The Planning Board held a public hearing on the draft tree code on December 9, 2020. Minutes from all of these meetings are attached. Staff Recommendation Make a recommendation on the draft tree code as provided in Attachment 1 to the City Council. ATTACHMENTS: • Attachment 1: Clean Draft Edmonds Tree Related Regulations PB 01.13.21 (PDF) • Attachment 2: Redline Draft Edmonds Tree Related Regulations PB 01.13.21 (PDF) • Attachment 3: Edmonds Urban Forest Managment Plan (PDF) • Attachment 4: Edmonds Tree Regulations Update Topic Matrix (PDF) • Attachment 5: October 12, 2020 Planning Board Minutes Excerpt (PDF) • Attachment 6: October 28, 2020 Planning Board Minutes Excerpt (PDF) • Attachment 7: November 12, 2020 Planning Board Minutes Excerpt (PDF) • Attachment 8: November 18, 2020 Planning Board Minutes (PDF) • Attachment 9: Draft December 9, 2020 Planning Board Minutes (PDF) • Attachment 10: Tree Code Comments as of 01.08.21 (PDF) Planning Board Page 2 Printed 11812021 Remote Zoom Meeting Agenda January 13, 2021 8. New Business A. Generic Agenda Item (ID # 5225) Climate Goals Planning - Status Update and Discussion Background/History Edmonds has supported specific climate protection activities for at least a decade, as well as related "sustainability" activities for even longer. In 2017, the Mayor signed the Mayors National Climate Action Agenda and the City Council adopted Resolution No. 1389 (attached) to achieve or exceed at the local level the goals established in the Paris Climate Accord. The resolution contains seven sections related to climate issues, particularly for reducing greenhouse gases. Staff Recommendation N/A ATTACHMENTS: • Attachment 1: Resolution No. 1389 (PDF) • Attachment 2: Resolution No. 1453 (PDF) 9. Planning Board Extended Agenda A. Generic Agenda Item (ID # 5228) Review of Extended Agenda Background/History The Planning Board extended agenda is reviewed each meeting. Staff Recommendation N/A ATTACHMENTS: • Attachment 1: PB Extended Agenda (PDF) 10. Planning Board Chair Comments 11. Planning Board Member Comments 12. Adjournment Planning Board Page 3 Printed 11812021 2.A Planning Board Agenda Item Meeting Date: 01/13/2021 Approval of Minutes Staff Lead: Rob Chave Department: Planning Board Prepared By: Michelle Martin Background/History N/A Staff Recommendation Approve December 9th, 2020 meeting minutes Narrative Draft Minutes attached Attachments: PB201209d Packet Pg. 4 2.A.a CITY OF EDMONDS PLANNING BOARD Minutes of Virtual Meeting Via Zoom December 9, 2020 Chair Robles called the virtual meeting of the Edmonds Planning Board to order at 7:00 p.m. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. BOARD MEMBERS PRESENT Daniel Robles, Chair Mike Rosen, Vice Chair Matthew Cheung Todd Cloutier Alicia Crank Nathan Monroe Carreen Nordling Rubenkonig Roger Pence Conner Bryan, Student Representative READING/APPROVAL OF MINUTES STAFF PRESENT Rob Chave, Planning Division Manager Kernen Lien, Environmental Program Manager BOARD MEMBER PENCE MOVED THAT THE MINUTES OF NOVEMBER 18, 2020 BE APPROVED AS PRESENTED. BOARD MEMBER CRANK SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS There were no general audience comments. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Robles referred the Board to the Development Services Director's Report that was provided in the packet. There were no comments or questions from the Board. m c 0 0 L 0. a Q Packet Pg. 5 2.A.a PUBLIC HEARING ON TREE CODE REGULATIONS UPDATE Mr. Lien reviewed that the City last worked on the Tree Code in 2014 and 2015, and it drew a lot of public interest when it was presented to the Planning Board. Rather than forwarding a recommendation to the City Council, the Planning Board recommended the City develop an Urban Forest Management Plan (UFMP) that established policies and goals to guide the Tree Code update. The UFMP was adopted in July of 2019, and implementation of the plan is underway. Implementation includes updating the Tree Code, updating the Street Tree Plan, and completing an inventory of existing street trees in the downtown. Mr. Lien explained that the draft Tree Code update focuses primarily on private property, with a goal of improving tree retention with new development through the implementation of low -impact development principles and an established tree fund, as well as improving the existing definitions, permitting process and penalties. He said some of the goals in the UFMP that are addressed in the draft update include: • Goal LA — Update the tree regulations to reduce clearcutting or other development impacts on the urban forest and consider changes to tree replacement requirements and penalties for code violations. • Goal LB —Adopt a policy of no net loss to overall tree canopy and continue to enhance canopy in parks according w to the Parks, Recreation and Open Space (PROS) Plan. W • Goal 1. C — Ensure protection of tree resources in environmentally critical areas. c • Goal LD — Establish a tree bank or fund to which donations can be made for tree planting and other tree programs. 2 4- • Goal 3.A — Have a program of giving away trees and/or tree vouchers for use in Edmonds. G Mr. Lien explained that the current tree regulations are located in ECDC 18.45. As proposed, the draft Tree Code has been o broken into three parts, and the majority will be located in the new Edmonds Community Development Code (ECDC) 23.10 a (exemptions, permit process, definitions, tree retention, tree protection, tree replacement, and violations). There will also be a Q new section in ECDC 20.75 (Conservation Subdivision Design Flexibility), and the provisions for a tree fund will be in a new T chapter Edmonds City Code (ECC 3.95). He reviewed each section. • ECDC 23.10.020 -- Definitions Mr. Lien advised that the following definitions were added and/or amended. A. Significant Tree. A tree that is at least 6 inches in diameter at breast height as measured at 4.5 feet from the ground. D. Diameter at Breast Height (DBH). The diameter or thickness of a tree trunk measured at 4.5 feet from the ground. K. Protected Tree. A tree identified for retention and protection on an approved tree replacement and protection plan, replacement in relation to a permit or plan, and/or permanently protected by an easement, tract, or covenant restriction. Protected trees are not eligible for an exception to the tree regulations. • ECDC 23.10.060 — Tree Retention Associated with Development Activity Mr. Lien explained that, as proposed, an approved tree retention plan would be required in conjunction with all short subdivisions (up to 4 lots), subdivisions (5 or more lots), new multifamily development, and new single-family development on a vacant lot or demolition and replacement of a single-family house. A tree plan would also be required for tree removal on developed sites that are not exempted by ECDC 223.10.040. • ECDC 23.10.040 — Exemptions Mr. Lien emphasized that the Tree Code would generally apply to short subdivision applications, subdivision applications, new multifamily development and new single-family development. However, similar to the current tree code, some exemptions would apply. As proposed, the following activities would be exempt: o Removal of trees on an improved single-family lot without critical areas. Planning Board Minutes December 9, 2020 Page 2 Packet Pg. 6 2.A.a o Removal of non -significant trees not protected by other means. o Removal of trees for utility maintenance. o Removal and maintenance of trees in City parks by the Park Department. o Routine landscaping and maintenance. o Routine re -topping of trees to a previously -topped level. Mr. Lien explained that the removal of hazard and nuisance trees would not require a permit, but supporting document would be required. An example of a nuisance tree would be a healthy tree that is buckling a driveway or continually plugging the sewer line. • ECDC 23.10.050 — Tree Removal Prohibited Mr. Lien advised that, as proposed, the following would be prohibited: o Removal of protected trees unless the trees are determined to be hazard or nuisance trees. o Removal of trees from vacant lots prior to development unless the trees are determined to be hazard or nuisance trees. o Removal of trees during permitted demolition of structures except as reasonably necessary to conduct demolition activity. 0 o Removal of trees in critical area and critical area buffers except as allowed in ECDC 23.40 — 23.90. 0 • ECDC 23.10.060(C) — Tree Retention Requirements 0 L Mr. Lien reviewed that the proposed tree retention requirement for proposed development would be 30% of all significant trees a for new single-family, short plats and subdivisions. The retention requirement for new multifamily and unit -lot subdivisions Q would be 25%. He reminded them that the focus of the tree code update is to retain more trees with development, and the Planning Board has considered the following priorities: o Priority 1 — Specimen trees, trees which form a continuous canopy, trees on slopes and critical areas and trees over 60 feet in height or 18 inches DBH. o Priority 2 — Tree groupings, trees within setbacks or around perimeter, trees performing a screen function and other significant native and non-native trees. o Priority 3 — Alders and Cottonwoods. • ECDC 23.10.080 — Tree Replacement Mr. Lien advised that, as proposed, tree replacement would be required for each significant tree that is removed, and the number of required replacement trees would be based on the diameter of the trees removed. One replacement tree would be required to replace trees that are 6 to 10 inches DBH; two replacement trees would be required to replace trees that are 10.1 to 14 inches DBH; and three replacement trees would be required to replace trees that are above 14 inches DBH. • ECDC 23.10.080(E) — Tree Replacement Fee -in -Lieu Mr. Lien explained that if all of the required replacement trees cannot be planted on a project site, the current proposal would require $1,000 per tree not planted to be paid into the City's Tree Fund. The money in the Tree Fund would have to be used to purchase trees to be planted elsewhere within the City limits. • ECDC 23.10.085 — Protected Trees Notice on Title Mr. Lien recalled that questions were raised at a previous meeting about how a subsequent property owner would know that a tree on his/her property is protected. This provision was added to require that protected trees be recorded as Notice on Title. When someone purchases the property, they will see the notice when reviewing the title. The language was copied from the Critical Area Ordinance, which also requires Notice on Title. Planning Board Minutes December 9, 2020 Page 3 Packet Pg. 7 2.A.a • ECDC 20.75 — Conservation Subdivision Design Mr. Lien explained that the purpose of this new section is to promote retention of significant and specimen trees and natural resources through some amount of flexibility in the lot layout of subdivisions in order to preserve and provide for low -impact development. The priority of tree retention, as noted earlier in the presentation, would be applied to this section, as well, and the flexibility would be administratively reviewed as part of a subdivision application. The following flexibility is proposed: 1. Setbacks could be reduced to no less than 15 feet for street setbacks, 10 feet for rear setbacks and 5 feet for side setbacks. 2. Lot sizes may be reduced to allow clustering while not increasing the overall density allowed by the zone. 3. Structural coverage may be increased on individual lots provided the overall coverage of the buildable lots do not exceed the lot coverage allowed by the zone. 4. Variations in parking lot design and/or access driveway requirements may be granted when the public works, fire and planning officials determine the variation would be consistent with the intent of City policies and codes. • ECC 3.95 — Tree Fund Mr. Lien advised that this section establishes the Tree Fund, and all revenue, mitigation fees, fines and penalties received under W the new Tree Code chapter would be deposited to this fund. All civil penalties under ECDC 23.40 (Critical Area) would also c go into this fund, as well as donations, grants for tree purposes and other monies allocated by the City Council. As proposed, the funds could be used: o M 1. To provide tree vouchers to individuals purchasing and planting trees in the City of Edmonds. L 2. To pay for services provided by a qualified tree professional. 0. a 3. To pay for services that support urban forest management and health. Q 4. To acquire, maintain and preserve wooded areas within the City. 5. To purchase supplies and materials for Arbor Day and other education purposes. • ECDC 23.10.030 -- Permits Mr. Lien explained that the intent with the current update is to tie single-family and multifamily properties to the same permit process. It isn't fair that single-family property owners have to pay $1,000 for a permit when the fee for commercial and multifamily properties is only $305. As proposed, any tree removal not specifically exempted by ECDC 23.10.040 would be processed as a Type I Permit, which is a staff decision without notice. Similar to the existing code, there would be a procedural exemption that allows tree removal associated with a building permit, subdivision or other land use approval to be reviewed with the associated project without requiring a separate tree removal permit. • ECDC 23.10.100 — Violation, Enforcement and Penalties Mr. Lien explained that, as per the proposed code, civil penalties would be determined according to one or more of the following: a. An amount reasonably determined by the Director to be equivalent to the costs estimated by the City to investigate and administer the infraction. b. The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property, etc.). c. Removal of existing 12-inch diameter or larger trees requires an appraisal of the tree value by the City's tree protection professional using trunk formula method in the current edition of the Guide for Plant Appraisal. using the trunk formula method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed existing trees in violation of the code. d. Penalty for illegal removal of trees shall be $1,500 per tree less than 12" DBH and the appraised value of trees 12" DBH or more in diameter. Penalties shall be paid into the City's Tree Fund. e. Violators will be responsible for restoring unlawfully damaged areas in conformance with a plan approved by the Director. Planning Board Minutes December 9, 2020 Page 4 Packet Pg. 8 2.A.a Mr. Lien added that a new section "Aiding and Abetting" would make the tree cutter equally as liable as the property owner. • Examples Illustrating How the Proposed Tree Code Provisions Would Be Applied Mr. Lien shared examples to illustrate how the proposed tree retention, tree replacement and tree fund provisions would be applied to new single-family, short subdivisions, subdivisions and multifamily development. He also provided examples of how the conservation subdivision design provisions would be applied. For each example, he pointed out the number of existing trees, the tree retention requirement, the number of trees to be retained, the number of required replacement trees, the number of replacement trees planted on site, and the amount of the Tree Fund payments. Mr. Lien explained that, in addition to the Tree Code, there are a number of other provisions that apply to new development such as access easements, landscaping, setbacks, utility easements, etc. These other code requirements also have a significant impact on a developer's ability to save existing trees. Using the conservation subdivision design concept, the houses could be clustered closer together in order to retain more trees. In the example he provided, the lot widths, access easement and setbacks were reduced. Using the flexible design concept, the developer would be able to save 62 existing trees as opposed to just 15. Because more trees could be retained on site, the Tree Fund payment would be reduced from $315,000 to $202,000. Mr. Lien said he is concerned that the required Tree Fund payments are too high. He referred to the example he provided earlier of the 4-lot subdivision, noting that although the developer could retain 40% of the existing trees, the required Tree Fund payment would still be substantial. Using Park and Traffic Impact Fees for comparison, the 4-lot subdivision example would require a $58,000 Tree Fund payment compared to a combined payment of about $27,000 for Park and Traffic Impact Fees. He proposed the following alternatives to reduce the required Tree Fund payment: o Reduce the replacement ratios to 1 replacement tree for trees that are 6 to 14 inches DBH, 2 replacement trees for trees that are 14.1 to 24 inches DBH, and 3 replacement trees for trees that are greater than 24 inches DBH. o Reduce the fee -in -lieu for each tree not planted to $500. o Place a cap on the amount required to be paid into the Tree Fund. Mr. Lien reviewed each of the examples again to illustrate how they would be impacted by the alternative language. He pointed out that, in most cases, the Tree Fund payments would be substantially less than the required Park/Traffic Impact Fees. However, with the conservation Subdivision Design, the Tree Fund payments would still be substantially greater than the Park/Traffic Impact Fees. Mr. Lien reiterated that the proposed Tree Code was primarily focused on how to retain trees with development. The Tree Code, in and of itself, will not help the City meet its no -net -loss requirement. Additional work on potential incentives to encourage property owners to retain trees on their sites will follow. In addition to the voucher program to encourage people to plant trees, the City is working to update the Street Tree Plan. There are many things the City can do to retain trees, including educating the public about their importance. The City is currently working on a Heritage Tree Program, which will be a voluntary program to recognize special trees on private properties. Board Member Monroe asked if staff is suggesting that they retain the 30% retention ratio and $1,000 per tree fee. Mr. Lien responded that a fee of $1,000 per replacement tree resulted in some very high replacement costs. He suggested that the Board consider the alternatives he recommended: reducing the replacement ratios, reducing the fee -in -lieu amount and/or placing a cap on the amount required to be paid into the Tree Fund. Chair Robles opened the public portion of the hearing. Anna West, Edmonds, said she spoke before the Board a few weeks ago about the need to address the protection of water views in the Tree Code. Trees have potential to block views. She said she lives in the Edmonds Bowl, and tree topping comes up in a lot of discussions because it helps to maintain water views. She is concerned with the phrase "illegal tree topping" and its associated penalties. She is also concerned about the definition for tree topping, which is "the significant cutting back of the leader stem or major branches resulting in severely altering the growth potential of a tree. " She expressed her belief that there should be an exception for when tree topping is used to maintain a water view. She noted that the draft Tree Code includes m c 0 0 Q. a Q Planning Board Minutes December 9, 2020 Page 5 Packet Pg. 9 2.A.a a lot of exceptions for pruning canopy growth to protect utilities. Knowing how important the water is to Edmonds, she suggested the code should also include exceptions for when trees impact water views. From a physical perspective, residents with water views pay more in taxes, which is valuable to help the City thrive in a variety of ways. She said she is prepared to ask for a tax reduction if the revised Tree Code impacts her water views, which seems like a lose/lose for everyone. She said she reviewed the archives and watched the video recording of the Planning Board's May 27, 2015 public hearing on the Tree Code where some residents requested that the code provide more balance, addressing both trees and water views. However, the current draft does not take this into account. She summarized that, in her opinion, not including view protection in the Tree Code highlights a disconnect in how valuable the Puget Sound is to Edmonds residents and visitors. The current draft has the potential to penalize residents who are trying to maintain their water views, and she believes it will backfire on the City in the long run. She asked that the Board consider verbiage regarding water view protection, or at the very least, remove the tree topping penalty clause altogether. Bill Phipps, Edmonds, expressed his belief that the draft Tree Code update represents a great start. The provisions that would apply to new development are better than he expected, but he is concerned that they are already considering modifications that would weaken them. He said he is not in favor of the alternative replacement criteria suggested by Mr. Lien. It is important to plant multiple replacement trees for every three that is lost. Following adoption of the proposed update, he suggested it will be time to address tree loss on land that is already developed, which is where most of the City's tree canopy is located. He w noted that most cities limit the number of trees that can be removed in a given period of time. He urged the Board to finish the job of writing a thorough and meaningful tree code. He asked the Board to consider the thoughts he shared in a letter he c submitted to the Board prior to the meeting. 0 Eric Thuesen, Edmonds, agreed that it is important to protect the existing tree canopy, but the effort must be addressed on a 70 more global level in order for it to succeed. He noted that about 98% of the property in Edmonds is already developed, and a 0 small percentage is undevelopable. He questioned the fairness of passing the entire cost of protecting the tree canopy to new 0. property owners when the overall society will benefit. He suggested they consider other ways to accomplish the overall goal. Q For example, they could raise the fees for cutting down trees on developed properties or providing incentives for people to plant additional trees on their lots. These approaches would result in more trees. While there is a lot of friction coming from the general public, equal participation from all citizens is important when it comes to meeting the needs of the community. He o expressed his belief that the net effect of the Tree Code, as applied to new development, would be negligible, and the costs A would be high. They need to come up with a code that is more equitable for all citizens of the community. If proposed properly, the City's residents might be more willing to save trees on their own properties. He pointed out that clear cutting has happened on developed property, as well, specifically about twenty-four 10-inch trees were taken down recently at 527 12' Avenue North w with just one permit. The danger of losing trees is as great on developed land as it is on undeveloped land. N Chris Yockey, Edmonds, said that from a developer standpoint, the proposed Tree Fund payments seem awfully high. He voiced concern that the payments will significantly increase the cost of each unit, making it more difficult to address the need for affordable housing in the City. While he understands that topping can kill a tree, he asked if the proposed Tree Code would allow him to take care of the limbs from trees on adjacent properties that hang over into his yard by 30 feet. Louise Favier, Edmonds, commented that the access given to street and sidewalk seating for her business has made a massive difference in her life. She appreciates the work the City puts into creating a good plan for the businesses in Edmonds, in particular the restaurants and bars to be able to continue to use the rights -of -way during these challenging times. They would like to continue to have street and/or ongoing sidewalk seating for another year or two so the businesses can have an opportunity to recover. She said she loves the City's tree retention efforts and appreciates the existing tree canopy. Larry Vogel, Edmonds, said he was present to cover the public hearing for MYEDMONDS NEWS. He requested a copy of Mr. Lien's PowerPoint presentation, and Mr. Lien agreed to send it along. Lora Hein, Edmonds, asked the Board to weigh their recommendation based on the broad -scale impacts. She recognized that the current culture prioritizes monetization of business and financial gain over preservation and conservation of natural systems, which are more challenging to assign a dollar value. One indication is how many people express being tired of the impacts endured in the face of multiple crisis in 2020 and wish to return to normal. However, 2020 has presented an essential opportunity. The challenges they are facing are the culmination of gross mismanagement of the planetary ecosystem. Until and unless they take a serious look at combined effects of colonization and monetization mindset, they will be looking down Planning Board Minutes December 9, 2020 Page 6 Packet Pg. 10 2.A.a the barrel of 2020-like years and worse for decades to come. On the other hand, if they take time to stop, listen and look both ways, back as well as forward, they may yet have a chance to halt the juggernaut of climate destruction that is becoming increasingly out of control. Ms. Hein commented that forging ahead without a plan only compounds the current dilemma. A flawed result is not better than none, it is worse because it gives the impression that something has been done. She proposed that the City adopt a moratorium on removing any trees in any development until a functional tree ordinance can be crafted. Such a moratorium needs to be accompanied not only by hefty fines, but a halt to any construction that continues in violation of a moratorium. They need to end, or at least pause, business as usual, take a deep breath of the air provided courtesy of the arboreal neighbors and decide how they will manage to pay back the dept that is owned to the living forest they have inherited from the first inhabitants recognized in words at the beginning of each City Council meeting. She observed that before the Salish-speaking tribes took up residence on these shores, other inhabitants as deserving of our honor, not only in word, but in deed, made their lives and ours possible. Ms. Hein emphasized that without more stringent replacement and enhancement requirements, incentives and penalties, they will continue down the path of ever decreasing quality of the natural support system. They need more widespread understanding of the essential benefits trees provide in saving energy, not to mention sequestering carbon, our only current w hope to prevent global catastrophe from climate transformation. Goals for trees on single-family residential lots in non -critical areas, which are the majority of land resources in the City, are woefully inadequate. The City must go far beyond asking for c voluntary public participation. Instead, they should ask how much the air we breath is worth. Trees are more than pretty individuals. They require a network of supporting species to remain viable. The same can be said of humans, as a species. c Without trees and the communities that support them, we too are doomed to years far worse than what we have experienced in 2020. 0 L 0. CL Marjie Fields, Edmonds, said she was disappointed to hear the proposed reduction in Tree Fund payments. With minimal Q fees, the City will lose the motivation to protect the trees. She said she submitted a letter prior to the meeting emphasizing her points of concern. She is concerned that there is too much emphasis on exemptions to the proposed regulations. There is also too much focus on replacement rather than retention, which is far more valuable. What is missing is scientific evidence to 0 determine the goals of the Tree Code and the effects of the exemptions. Lack of environmental analysis, measurable goals and A baseline data limits the value of the code. She said she hopes the Board will continue to adjust the Tree Code to achieve the (D goal of retaining trees in Edmonds. Richard Bologna, Edmonds, asked how an illegal tree removal fee would be enforced and collected and who the City would retain to assess the health of trees. He also asked if anyone has ever attempted to determine the fair market value of an individual tree and how much other revenue would be contributed to the Tree Fund by the City Council. Steve Zemke, Edmonds, said he is speaking as a former member of the Seattle Urban Forestry Commission for six years, as well as chair of the citizen's group called TreePAC. He commended the City for pursuing with the proposed Tree Code update. He said the City of Seattle has been working to update its tree ordinance for 11 years, and it appears that the City of Edmonds will be adopting a number of steps that have been recommended for Seattle but haven't yet been put in place. He said Portland is an example of a City that has taken steps to preserve trees, including a tree fund, and a few years ago they raised about $1.5 million to help plant new trees within their City. Portland just recently updated its tree ordinance to address trees with new development. They changed the replacement requirement to apply to trees over 20 inches, and it had previously been 36 inches. They have been charging $450 per inch for trees that are 12 to 20 inches DBH, and they are now proposing $1,800 per tree removed. When considering replacement requirements, it is critical to take the approach that the larger the tree that is removed, the greater the replacement requirement. He suggested that an additional category be added for trees over 30 or 36 inches. The priority should be to preserve existing trees, as it takes decades for trees to reach their ultimate size. Existing trees provide immediate and ongoing benefits that cannot be matched by smaller, younger replacement trees. Replacement trees also need more maintenance, and not all of them will survive. He suggested that the Tree Code specifically require that the replacement trees must be maintained for a certain number of years. He summarized that the proposed Tree Code is a great first step to protect the urban forest and the benefits that trees provide to the City's citizens. Susie Schaefer, Edmonds, commented that no trees have ever been retained in her neighborhood when new development has occurred, and she is happy to see that the City will be requiring tree retention. She said she would like the City to have a goal Planning Board Minutes December 9, 2020 Page 7 Packet Pg. 11 2.A.a to increase the tree canopy. She is worried about the impacts of climate change in the future. They will need every tree they can get to provide shade, cooling, etc. She said she is interested in the emphasis on education. She has been running the Edmonds Wildlife Habitat and Native Plant Demonstration Garden at the fish hatchery for the past 10 years, and they have done a lot of education. She said she is looking forward to sponsoring some tree planting workshops and teaching people how they can plant trees. She will work with the Snohomish County Conservation District on this effort. They have a lot of good materials, and they sell trees and native plants at a low cost. She said she appreciates that the Tree Code indicates a preference for native plants and trees, but she would prefer Alders to non-native trees. She said she misses the trees that have been lost over the years. Chair Robles closed the public portion of the hearing. Board Member Crank voiced concern that developers would lean towards tree replacement rather than tree retention, and she doesn't see how this would result in increased tree canopy. She said she would not support decreasing the fee -in -lieu payments because developers tend to be okay with paying in -lieu fees, especially if they are in areas where the housing market prices are high. Mr. Lien explained that the UFMP did not adopt a goal to increase the tree canopy. The UFMP adopted goals of no net loss of the overall canopy and continuing to enhance the tree canopy in parks as per the Parks, Recreation and Open Space (PROS) Plan. The current proposal is a Development Code update that is specifically focused on retaining trees with w development and was not intended to achieve all of the goals spelled out in the UFMP. If the City's Council chooses to address trees in a more holistic way, other actions will be needed and could include incentives, a heritage tree program, more education, c planting trees with vouchers from the Tree Fund, etc. 0 Board Member Crank asked if any thought has been given to establishing a cap on how much of the replacement requirement can be satisfied with the in -lieu payment. Again, she voiced concern that developers will take full advantage of the fee -in -lieu 0 opportunity. Without a cap, it will be difficult for the City to achieve no net loss when development occurs. Mr. Lien explained 0. that when he prepared the examples, he felt that the replacement costs were too high. He applied the alternatives (reducing Q replacement ratios, reducing the fee -in -lieu for each tree not planted to $500 and/or placing a cap on the amount required to be ... paid into the Tree Fund) to show how the replacement costs would be impacted in each scenario. He felt this information would be informative to the Planning Board's discussion. He pointed out that, in some situations, the replacement costs could 0 be excessively high for a development impact fee. 0 Mr. Lien responded to the following questions raised by Mr. Bologna during the public comment period. • How would an illegal tree removal fee be enforced and collected? Mr. Lien explained that the City's code includes Notice of Violation Procedures. The City investigates reports of illegal tree cutting. If it is determined that a tree has been cut illegally, a Notice of Violation will be issued to the property owner and fines will be assessed depending on the situation. The process is clearly spelled out in the code. • Who would the City retain to assess the health of trees? For hazardous tree removal, Mr. Lien advised that the City would require that the tree be assessed by a certified arborist, and the International Society of Arboriculture Tree Assessment Form must be filled out. If the assessment comes back as high or extreme, the tree would be classified as a hazardous tree that could be removed. • Has anyone ever attempted to determine the fair market value of an individual tree? Mr. Lien said there are a variety of tools to calculate the value of a tree. While some early drafts of the UFMP identified values based on the ecological services that trees provide, some questions were raised about how accurate they were and the section was removed. • How much other revenue would be contributed to the Tree Fund by the City Council? Mr. Lien said this provision was included as just one of the ways that funds could be placed into the Tree Fund, but there was no specific dollar amount associated with it. Vice Chair Rosen thanked Mr. Lien for his hard work preparing the update, and for his quick responses to the comments and questions raised by the Board to date. He also thanked the citizens who provided both oral and written comments. He found them to be very thoughtful, and they absolutely influenced his thinking. He asked if the City considers wildlife corridors as critical areas. Mr. Lien answered that the Critical Area Ordinance recognizes the Priority Habitat Species Layer, which is maintained by the Washington State Department of Fish and Wildlife. There are a few wildlife corridors identified in the City, and one of the main ones is Shell Creek from Yost Park down. While habitat corridors are recognized as critical areas, there are no specific regulations or setback requirements associated with them. Most of them are associated with stream channels. Planning Board Minutes December 9, 2020 Page 8 Packet Pg. 12 2.A.a There are forested areas in the northern portion of the City, and there is a 30% native vegetation requirement for development in these areas. He summarized that habitat corridors are recognized as critical areas, but they don't have any specific regulations that apply to them because there aren't any species of local importance. Vice Chair Rosen observed that the City's tree canopy is currently at 30%, and the maximum potential is 57%. The City is nearly built out and the current proposal will not achieve even no net loss. If the City is serious about no net loss, they need to be more aggressive. They must either change what they are doing or change the goal. He said he understands staff s sensitivity when it comes to applying the tree replacement requirement to larger developments, but he felt the City should be agnostic to the use of the land. Loss of trees and loss of land has an impact. Whether it is for a few units or 30 units, there is an economy of scale and profit that comes with that. While he appreciates that staff offered the alternatives, he encouraged the Board to follow the original proposal. Vice Chair Rosen said he understands the City's historic position when it comes to protecting views, but it is important to acknowledge that views are both financially and emotionally valuable and cherished in the community. Passions run high when it comes to views. To address this, he suggested that the following language could be added to the Intent and Purpose Section: "The City of Edmonds recognizes and celebrates the value of our proximity to and views of Puget Sound and the mountains. While the City does not enforce tree limits for views, except as expressly stated in this code, property c owners are encouraged to consider mature heights when planting to avoid planting things that will block views down 2 the road and to allow windowing, drop crotch and other pruning methods that won't damage the tree at the c beneficiary's expense when asked. " 0 Vice Chair Rosen also suggested that the Board send a parallel recommendation to the City Council that they consider, through a the Board if they prefer, addressing vegetation that is used as fence. While there are reasons why a hedge is desirable to a Q property owner, neighbors, the community, etc., that is not always true. He recommended the following language be added: "Vegetation used as a fence be restricted to the maximum height allowed for fencing if there is a demonstrated cause by someone negatively affected by the greater height and for those that already exist at the expense of the person who would benefit. " Vice Chair Rosen explained that the language could be very narrowly defined to address situations where hedges block solar panels, result in the inability of a neighboring property owner to grow plants due to shading, block light from entering into a home, or reduce safety. This issue has been out there for a while and could be addressed as part of the proposed update. Board Member Monroe recalled the citizen comment/question regarding tree topping. He said his understanding is that there would be no penalty associated with a private property owner topping trees on his/her property. The penalty would come if you top a tree on someone else's property. Mr. Lien explained that tree topping is considered tree cutting and would be prohibited on properties that are not exempt from the Tree Code. Trees on properties that are exempt from the Tree Code, such as developed single-family properties with no critical areas, can be topped without a fine. However, topping is bad arboriculture practice and opens trees to rot and damage. On properties that are not exempt, a property owner could apply for a permit to remove a tree that is blocking view and then plant a tree that is more appropriate for the location. Board Member Pence asked about the cost associated with planting trees off site using money in the Tree Fund. He suggested that perhaps the per -tree fee should be attached to the actual cost of planting new trees elsewhere. Mr. Lien said he doesn't know the cost associated with purchasing and planting trees, but he could ask the Parks Department to respond. If the planting cost is reasonable, Board Member Pence observed that the City could plant more than one tree for each of the trees that are removed. Mr. Lien reminded them that, based on the proposed replacement ratio, more than one replacement tree would be required for most of the trees that are removed. He said that in some jurisdictions, the fee -in -lieu programs are based on the cost for planting and maintaining a tree. When the concept was initially introduced to the Planning Board, the feedback was that developers would be more likely to find ways to retain and/or plant more trees on site if the dollar value is a little higher. Board Member Cloutier summarized that, as proposed, someone who has been topping a tree to protect a view would be allowed to continue to top the tree. However, new trees that are planted and eventually grow to block a view could not be cut down Planning Board Minutes December 9, 2020 Page 9 Packet Pg. 13 2.A.a without a penalty. Mr. Lien referred to the last sentence of ECDC 23.10.040.E, (routine maintenance exemptions), which states that, "Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone. " He explained that if a tree has been previously topped, a property owner could continue to do so back to the previously topped level. Whether or not a new tree that grows to block view would require a permit would depend on whether or not the property falls under any of the other exemptions. On developed single-family properties with no critical areas, trees could be topped without a permit, but it would still be considered poor arboricultural practice. On developed single-family properties with critical areas, a tree cutting permit would be required to replace the tree. Board Member Cloutier clarified that critical areas include steep slopes, properties near watersheds, etc. That is not the case in most of the City's neighborhoods. Mr. Lien noted the steep slopes on properties in the bowl area and explained that critical areas include erosion hazard areas (slopes between 15% and 40%). However, in the proposed code, the exemption was modified to exclude trees on properties with a slope of 25% or more. Developed single-family properties with slopes of less than 25% would be exempt from the tree code. Chair Robles asked if the Board is ready to send the proposal to the City Council with a recommendation of approval or if more work is needed before that can happen. Mr. Chave said that is something the Board will have to decide. The Board can either make a recommendation at the end of the meeting or identify specific issues they would like staff to work on further. w m Board Member Rubenkonig commented that, based on her own review of the proposal, as well as the written and oral public c testimony, she found that, whereas the general nature of the code rewrite is acceptable, it is time for the Planning Board to 2 support a more robust approach to retaining existing tree canopy and its habitat. Upon hearing from the citizens of Edmonds, c she believes the current proposal falls short because it is limited to retaining only 30% of the existing tree inventory of the original lot. If there is little inventory, there would be no gain for additional tree canopy. Instead, the City should encourage o retention and even increasing available tree canopy, which includes shrubs and ground cover, by proposing that subdivisions a provide 30% coverage of the lot to be tree canopy, typical of the Pacific Northwest forests, include retaining, which can count Q towards the 30% of the significant trees and the understory shrubs and ground cover. This approach would be similar to the ... Snohomish County regulations, which seemingly provide more coverage for tree canopy, understory and ground cover, along with flexibility for site design to meet the requirements. She expressed her belief that this approach would be a workable o solution that would honor the goal of the UFMP towards zero net loss of the tree canopy and would provide developers with A flexibility. Increasing tree canopy habitat, which would be more than what exists in the current code, along with site design 4) flexibility, which the proposed update already addresses, would be a workable solution for Edmonds. She summarized that she would be interested in having Snohomish County's approach being considered as part of the proposal. At the very least, w she would like it to be included as an item that deserves further attention if the Board decides to forward a recommendation on N the proposed Tree Code to the City Council. She would also like the City Council to give attention to the proposed replacement N schedule, as well as Vice Chair Rosen's suggestion that language be included to address private view sheds. M Board Member Rubenkonig observed that many of the citizens who provided comments stressed the importance of tree retention. They are not as interested in replacement. She would rather have an approach that hinges on retention as opposed to replacement. Board Member Monroe summarized that Board Member Rubenkonig is suggesting there is a preference for having a final result of density on the property at the end of the day. If there is a limited number of trees, a developer would be required to plant more trees than are there right now. To that extent, he suggested that the retention requirement be increased to 40% or 50% or 30% total density, whichever is greater. This would challenge the developers to figure out how to make that work and size the houses right to fit on the lots. He suggested that the Board ask staff to evaluate this option's impact on the cost of development. While the numbers might be high for an entire development, the per home cost would be consistent with what is happening in other jurisdictions. Mr. Chave commented that Mr. Lien's analysis had less to do with the number of homes and more to do with how many trees were on the property. The most expensive example was on a property that was being subdivided into four lots. The cost associated with the 10-lot example was far less. Board Member Monroe said his approach would raise the price of the 10-lot subdivision because a developer would no longer be allowed to take advantage of open grassland. It would force a minimum of 30% density when the project is completed. He noted that is the benchmark the City is trying to achieve. Planning Board Minutes December 9, 2020 Page 10 Packet Pg. 14 2.A.a Board Member Rubenkonig clarified that when she uses the words "tree coverage," she is looking at the site plan and wants to see where the trees have been maintained. Significant trees that are retained could go towards the count, but it would be evident on the site plan how much the site would create towards the City's total tree canopy. She said she is not as comfortable with the word "density" when applying it to Board Member Monroe's recommendation because the public better understands the coverage that is needed for the lot. Board Member Monroe said he understands her concern, but the UFMP specifically states that the City's current canopy is 30%. That same mathematical equation should be applied to properties that are being developed. Board Member Rubenkonig agreed. She pointed out that Snohomish County requires 30% coverage, and it is up to the developer to determine how that 30% will be provided on the site. This approach is more direct and emphasizes retention, which is what the citizens seem to prefer. Board Member Cheung recalled that, at the beginning of his presentation, Mr. Lien mentioned that the current proposal is only intended to address one topic of the UFMP. The Board could have a separate discussion on trees that are on private properties. Mr. Lien responded that the current proposal is focused on retaining trees with development. At this time, he can't say that another update will follow to address trees on developed properties. However, other steps will need to be taken to reach the goal of no net loss of overall tree canopy. These steps include educating property owners on the importance of retaining trees, providing vouchers for private property owners to plant trees, reviewing opportunities to plant more trees in city parks, updating the Street Tree Plan and creating incentive programs to encourage tree retention. Again, he said the primary focus of the current update is how to retain trees with development. Mr. Lien said he would need more information to create language to implement the concept put forward by Board Member Rubenkonig. Is she suggesting that 30% of the lot must have trees on it as canopy coverage, or would one very large big -leaf maple tree meet the requirement? While counting the existing trees and applying the replacement ratio would be easy to do, a 30% lot coverage requirement would be significantly more complicated to apply. Board Member Cheung said a number of citizens voiced concern that the proposed update doesn't do more to protect trees on private property, which is where the majority of the existing trees in the City are located. It would ease their concern if they knew that the City would be considering other actions at a later date. He noted that the issue of view would be better addressed by private property tree regulations. Mr. Lien said the update would only regulate trees on private property as part of development. They could add a provision in ECDC 23.10.030 (Permits) that would limit the number of trees a developed single-family property could remove during a set period of time. However, this would require the City to establish a tracking system and additional code enforcement would be necessary. Board Member Cheung recalled that, when the last Tree Code update was presented for a public hearing in 2015, there was significant opposition to the idea of regulating trees on developed single-family properties. He suggested the Commission focus on solving the immediate problem at hand, which is tree retention and replacement requirements associated with development. Mr. Lien emphasized that the current proposal addresses a concern that staff hears most frequently, which is clearcutting on properties that are being developed. However, the City Council may direct the staff and Planning Board to address trees on developed properties at a later time. Board Member Cheung said it is important that the public understand that this is the first step, and additional steps can be taken in the future that might address their other concerns. Board Member Rubenkonig explained that the beauty of Snohomish County's approach is that they give credit for the canopy size of any retained tree. This credit goes towards the total tree canopy that must be provided on the site. They also give credit towards species that are planted that will provide a healthy canopy within so many years. Snohomish County's approach appears to be creating mini Pacific Northwest forests around the County, which is healthy. Their approach appears to practice retention of the tree canopy and its understory shrubs and ground cover, which create the necessary habitat. She would like the City's code to focus on retention versus replacement, as well. Board Member Robles reminded the Board that the proposal before them relates strictly to tree retention and replacement as part of development. Any comments related to trees on private properties that are already developed are mute in this discussion. At this time, the Board could forward a recommendation to the City Council with some caveats, or they could decide that the proposal needs more work and the recommendation could be postponed to a future meeting. Board Member Cloutier commented that, while the Snohomish County code emphasizes retention, it also has the exact same replacement consideration outlined in the draft proposal. If the trees are located where a structure needs to go, they cannot be m c 0 0 0. a Q Planning Board Minutes December 9, 2020 Page 1 I Packet Pg. 15 retained. The 30% requirement is only applicable to one specific kind of lot. The requirement for a single-family home is 20%, and it goes down as low as 15% in urban areas. As Mr. Lien pointed out the goal of the Development Code should be no net loss, and increasing the tree canopy can be addressed by implementing the goals and policies outlined in the UFMP. As proposed, the trees could be shift from one side of the property to the other, new trees can be planted, or money can be paid into the Tree Fund for trees to be planted somewhere else. It is not the objective of this code to create new forests in the City. If they want to change the objective of the code, they will need to start all over. He expressed his belief that the proposed Tree Code adequately accomplishes what it is intended to: no net loss and requiring developers to pay for the offset. In terms of the best approach to meet the goals of the UFMP, Board Member Rubenkonig said she sees both options as equal. Option 1 would be to recommend the approach presented by Mr. Lien and Option 2 would be to consider Snohomish County's approach of requiring 30% retention. She cautioned that they need to be very mindful that development will either take away or add to the tree canopy. Although she always respects Board Member Cloutier's approach to make sure they are on firm ground and focused on what they are being tasked to do, she would have a hard time seeing the option outlined by Mr. Lien as being any different than the option she is recommending. Both options would meet the same objective. Board Member Crank commented that, if the Board decides to recommend approval of the proposal as currently drafted, she remains firmly opposed to the alternatives put forward by Mr. Lien that would reduce the replacement ratios, reduce the fee- 0 in -lieu for each tree planted or place a cap on the amount required to be paid into the Tree Fund. Edmonds is a fairly expensive real estate area, and she doesn't foresee developers choosing to retain trees rather than paying into the Tree Fund regardless of c the amount. Vice Chair Rosen concurred. 0 Board Member Monroe commented that, after hearing from Board Members Rubenkonig and Cloutier, he is comfortable 70 withdrawing his suggestion that they increase the retention requirement to 40% or 50%. However, he felt that Board Member L Rubenkonig's suggestion is worth further exploration. He agreed with Mr. Lien that the replacement cost might be too high, 0. and there needs to be a balance of property rights, community rights, views and the environment. Q Vice Chair Rosen asked if any of the Board Members would object to adding additional language to the Intent and Purpose Section to address views. Mr. Lien pointed out that, without specific regulations that protect views within the code, it wouldn't make sense to have it in the Intent and Purpose Section. He sees this issue being addressed via education. For example, they could educate property owners about planting the right trees in the right places. The Tree Board has been working on a tree list that can be used as an education piece. Mr. Chave agreed that codes are not a good vehicle for messaging. Codes are generally used to tell what is allowed and not allowed. Folding the view issue into the education piece would be a better approach. Vice Chair Rosen respectfully disagreed. While he understands staff s point of view, views are such a high interest. The draft code addresses trimming and maintenance, and views should be part of the equation. Board Member Cloutier summarized that Vice Chair Rosen is suggesting that the City should be mindful of property rights and people's desire to have a view and should make regulations that are aligned with that. However, he said he doesn't believe the issue should be addressed in this particular development code. There is nothing in the proposed update that would change the rules related to view, and there is nothing in the current code that addresses retaining and/or maintaining views. The proposed update would not grant any special rights or place any limitations based on view. He voiced concern that adding language stating that view is important would imply that properties with views would get special treatment, which is not the case. Board Member Rubenkonig reminded the Board that they can use their meeting minutes to share their concerns with the City Council. For example, the minutes could reflect that the Board is interested in reviewing regulations related to private view sheds. The minutes could also reflect that the Board is interested in regulating the height of hedges and bushes the same as a fence if used for privacy purposes on a lot's perimeter boundary. While the issues would not be addressed as part of their recommendation on the Tree Code, they could emphasize the issues as warranting further consideration in the future. Vice Chair Rosen agreed that would be an appropriate approach. BOARD MEMBER RUBENKONIG MOVED THAT THE BOARD ADVISE THE CITY COUNCIL OF THEIR INTEREST IN REVIEWING REGULATIONS RELATING TO PRIVATE VIEW SHEDS AND PRIVACY SCREENS SUCH AS HEDGES AND BUSHES. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. Planning Board Minutes December 9, 2020 Page 12 Packet Pg. 16 Board Member Cloutier asked if Mr. Lien's alternatives for the tree replacement fee were incorporated into the language that is currently before the Board. Mr. Lien said they alternatives have not been incorporated into the draft code language. He suggested the Board specifically look at the replacement ratios, which is directly tied to the high fees in the examples he provided. He suggested that the replacement ratio he recommended in his presentation would be more appropriate. The larger trees (greater than 24 inches) would still be replaced at a ratio of 3:1. Board Member Cloutier pointed out that the Snohomish County code doesn't use ratios. Developments are simply required to provide 30% tree coverage. He suggested the City's measure of tree retention is better. Board Member Rubenkonig responded that would only be true if there are few trees on a property to retain. Board Member Cloutier observed that the current proposal would not require a developer to plant more trees than are currently located on the property, while the Snohomish County code would require a developer to plant additional trees to a minimum of 30% coverage. Board Member Rubenkonig voiced concern that the current proposal would base tree replacement on the inventory of the current trees on a lot. But if there are no trees, there would be no retention requirement or requirement to provide additional trees. This is a big negative for that approach. She noted that the public is tired of the number of trees that are being cut down for new subdivisions. Board Member Cloutier voiced concern about how the Snohomish County concept would be applied on a commercial lot in downtown Edmonds. It wouldn't make sense to require that 30% of the lot be covered with trees. Retaining the existing tree coverage would make more sense. Board Member Rubenkonig expressed her belief that requiring 30% tree w coverage would be a proactive approach, recognizing that such things as utility easements, rights -of --way, etc. would be taken W away from that. c Mr. Lien advised the Board that they are not required to make a recommendation on the Tree Code tonight. He said he would c like more time to review the Snohomish County code to provide helpful feedback to the Board, and he is still a little confused about how the current proposal is different than the proposal recommended by Board Member Rubenkonig. There are other o minor tweaks he would like to make before the document is forwarded to the City Council. He summarized that it appears the a majority of the Board wants to retain the $1,000 fee for each tree not planted, but they still need to provide feedback on the Q replacement ratio. Board Member Cheung asked staff to provide calculations of what the fee would be based on $1,000 per tree but with different replacement ratios. The Board agreed to carry their deliberations over to the January 13' meeting. ELECTION OF OFFICERS FOR 2021 Board Member Rubenkonig commented that the citizen Planning Board has benefited from each and every Board Member who has given of their time, experience and hopes for the City of Edmonds. The Chair brings a unique approach to helping all Board Members participate fully and professionally. Her recommendation of Board Member Rosen as her nomination for the 2021 Chair of the citizen Planning Board would do no less. They already know his measure and have been rewarded by his presence and contribution. He will endeavor to lead the Board and encourage robust deliberations with fair outcomes. She said she welcomes his support and offer him hers in his role as the 2021 Chair. BOARD MEMBER RUBENKONIG NOMINATED BOARD MEMBER ROSEN TO SERVE AS CHAIR FOR 2021. BOARD MEMBER CHEUNG SECONDED THE NOMINATION. THE BOARD UNANIMOUSLY VOTED IN FAVOR OF BOARD MEMBER ROSEN AS THE 2021 CHAIR OF THE BOARD. Board Member Monroe commented that the duties of Vice Chair are leadership and engagement. He has known Board Member Crank for over five years and has found that she has these leadership capabilities. She is a member of a variety of community groups, including the Snohomish County Airport Commission and Snohomish County Tomorrow. She can do a great job as Vice Chair of the Planning Board. BOARD MEMBER MONROE NOMINATED BOARD MEMBER CRANK TO SERVE AS THE VICE CHAIR FOR 2021. BOARD MEMBER CHEUNG SECONDED THE NOMINATION. THE BOARD UNANIMOUSLY VOTED IN FAVOR OF BOARD MEMBER CRANK AS THE 2021 VICE CHAIR OF THE BOARD. Planning Board Minutes December 9, 2020 Page 13 Packet Pg. 17 2.A.a REVIEW OF EXTENDED AGENDA Chair Robles reviewed that the Board would continue its deliberations on the draft Tree Code Update at their January 13' meeting. He advised that the Parks, Recreation and Cultural Services Department will provide an update on January 27'. PLANNING BOARD CHAIR COMMENTS Chair Robles thanked the Board Members for allowing him to chair the Board during this fascinating time. The Board set their agenda and got some very important things done. The Board Members thanked Chair Robles for his leadership. PLANNING BOARD MEMBER COMMENTS Vice Chair Rosen thanked the Board Members for their trust and kind words. He thanked Chair Robles for his leadership, particularly for engaging him in such a meaningful way as Vice Chair. He appreciates the way he advocated for the Board. He also appreciates his desire to engage more of the residents and increase collaboration with other boards and commissions. Vice Chair Rosen commented that in recent years, the country has experienced and observed the impacts of dysfunctional It; government organizations and individuals, and he has never observed the Board looking for either a Republican or Democratic answer. Rather, they have worked to search for the best answers. He has never seen the group seek to blame others, but only 0 to accept personal and group responsibility for the job they have been given and the impacts of the decisions they make. Each 2 Board Member has demonstrated grace and respect, and he appreciates how they model the best of how local and national 0 government can and should be. 0 Student Representative Bryan said he appreciates the diversity of perspectives that were acknowledged amongst the Board a during the hearing. The residents voiced a lot of concerns on a huge range of topics. For the most part, the Board discussed Q them well and thoughtfully. He said he is proud to be part of a board that strives to do the right thing. Board Member Pence announced that the City Council extended the duration of the Housing Commission to the end of January. They will be reporting their policy recommendations soon, and he expects the Planning Board will be tasked with reviewing the recommendations to the extent they affect the code. This could be a time-consuming endeavor. Board Member Crank thanked the Board for their vote as Vice Chair. She commented that 2020 has been an interesting year for her from a professional, community service and personal standpoint. She attributed a lot of her success on the Snohomish County Airport Commission to her experience on the Planning Board. She appreciates that the Board has remained functional throughout the pandemic. Everyone has had a passion to move forward and get as much done as possible, when they had every excuse to rest on their laurels and not get much done. This speaks a lot about each and every Board Member. She hopes the Board can continue its momentum into 2021. She particularly voiced appreciation to staff, who has had to adapt to a new way of doing business while still providing excellent support to the Board. Planning Board Minutes December 9, 2020 Page 14 Packet Pg. 18 2.A.a ADJOURNMENT The Board meeting was adjourned at 9:55 p.m. m c 0 0 L 0. CL Q T C 0 A NNd LPL 0 0 N T 0 N CO IL c m E 0 Q Planning Board Minutes December 9, 2020 Page 15 Packet Pg. 19 5.A Planning Board Agenda Item Meeting Date: 01/13/2021 Director Report Staff Lead: Shane Hope Department: Planning Board Prepared By: Michelle Martin Background/History The Director Report is typically reviewed during each Planning Board meeting. Staff Recommendation Review Director Report. Narrative Director Report attached. Attachments: Director. Re po rt.01.13.2021 Packet Pg. 20 5.A.a Date To From MEMORANDUM January 13, 2021 Planning Board Shane Hope, Development Services Director Subject: Director Report "If the plan doesn't work, change the plan not the goal." L 0 a —Unknown o: L Next Planning Board Meeting L 0 The Planning Board is scheduled to meet January 131", 2021 @ 7:00 p.m. to make its N recommendation on the proposed tree -related regulations and to get an update on the climate N goals planning project. STATE & REGIONAL NEWS Legislature The Washington State Legislature officially begins its 2021 session on January 11, though much of this year's business will be conducted virtually, due to coronavirus conditions. Puget Sound Regional Council (PSRC) ❑ PSRC's Growth Management Policy Board met January 7 to hear from Puget Sound Partnership about the health of Puget Sound and the actions needed for its recovery. The Puget Sound Passenger -Only Ferry Study is nearing completion. The study reviewed 45 potential routes and identified 7 routes for more detailed assessment. For more information, see: https://www.psrc.org/whats-happening/blog/passenger-only-ferry- study-update. Snohomish County Tomorrow (SCT) This year's Annual Assembly will be held January 27 and feature speakers on public health, economic opportunity, and wireless communication, with special emphasis on working in the current COVID environment. SCT's Planning Advisory Committee will meet January 14 to discuss topics including: 11Pag� Packet Pg. 21 5.A.a o Growth targets o Buildable lands report o Update from PSRC. Growth Policy Framework A new report, intended to make recommendations for updating the state's growth policy framework, has just been published by the University of Washington. The report follows from a collaboration effort that included cities, counties, businesses, tribes, and other entities. To read the full report, see: WA-GPF-Final-Report.pdf (uw.edu). This effort tackled climate change, housing, and other significant issues but the parties were not able to achieve broad consensus on solutions. The report recommends more work be done to build support and make progress. CITY NEWS Ll Streateries �E "Streateries" (generally, dining places located in the parking lane of public streets) are allowed in Edmonds under new regulations, effective for one year, adopted by L emergency ordinance on December 15. Each streatery must now obtain its own permit ° and meet certain standards. The requirements also apply to streateries that were ;v existing prior to the new regulations. A City team has developed information to help businesses. Several businesses have also made suggestions that are useful for the City to c implement the new rules. Permit applications have begun to come in and more are likely M in January. Ll On -Site Outdoor Dining An emergency interim ordinance was adopted on December 15 to allow outdoor dining on commercial property without a specific land use permit so long as certain standards are met. Building and/or fire permits are required wherever temporary or permanent structures are part of the use. Because this is an interim ordinance and amends Title 17, it is only valid for 180 days. The Planning Board will be asked to review this and make a recommendation (as part of the regular ordinance process) to adopt it as -is or with changes. Ll City Council The next Council meeting is Tuesday, January 13. , (Meeting materials are generally posted on the Friday before each meeting.) The Council's three committees will meet sequentially, starting at 4 pm that day. (NOTE: the Council has voted to discontinue "committee meetings of the whole" and instead have three separate committees (same as before), except that the committees would each meet before the Council's regular 7:00 pm meeting on the second Tuesday of each month. o An update to the Building Code will be reviewed at the January 13 Public Safety, Personnel, and Planning Committee meeting. The Building Code is periodically updated to reflect changes in the International Codes and state laws. Ll Highway 99 Community Renewal Plan 21 Packet Pg. 22 5.A.a Preparation for developing a Highway 99 community renewal plan has begun. Under state laws, community renewal plans are meant to address short- and mid-term needs related to blight or similar problems in specific areas. While Edmonds has an award - winning Highway 99 Subarea Plan and updated zoning regulations, some portions of the area (especially, the south end) have ongoing deterioration, nuisance and other problems. A community renewal plan can help remedy such problems and, at the same time, achieve progress in implementing the visionary subarea plan. CITY BOARDS AND COMMISSIONS Architectural Design Board The next meeting is scheduled for January 20th, 2021 @ 7:00 p.m. The January 6th meeting has been cancelled. All virtual meetings held for year 2020 are available on-line. Arts Commission The next meeting is scheduled for January 4th, 2021. The Edmonds Arts Commission last met a December 7, 2020 (via Zoom). Agenda items included: ❑ Creative Programs WOTS Update o o Financials, grants, best books programs i ❑ Grants Program Discussion c ❑ Capital Projects ❑ New Business ❑ Staff report Cemetery Board The next meeting will be available online. The Board last met November 19th, 2020 (via Zoom) its agenda included: ❑ Chair's report ❑ Staff report on sales, burials, finances ❑ New Board members update Use of Cemetery funds ❑ Election of Board Officers Climate Protection Committee The next meeting is scheduled for January 71h, 2021 @ 8:30 a.m. The Mayors' Climate Protection Committee met last on December 3rd, 2020, the agenda included: ❑ Tree Code Briefing ❑ Diversity & Inclusion Progress ❑ City Council report ❑ Announcement and Resources ❑ Public Comment Conservation Advisory Committee The next virtual meeting will be available online. The Mayor's Conservation Advisory Committee last met via Zoom on November 12th, 2020 @ 3:00 p.m. The latest Agenda highlights included: ❑ Message from the Mayor 3 1 P a g e Packet Pg. 23 5.A.a Community Development Presentation ❑ Director's Report comments ❑ Subcommittee Reports o MCAC Green website Diversity Commission The next virtual meeting is scheduled for January 6th, 2021. Agenda highlights included: ❑ New Commissioners Review of Guiding Principles & OPMA ❑ Budget Update ❑ Equity and Justice Task Force ❑ Proposal of Retreat Economic Development Commission (EDC) The EDC met December 16th, 2020, online, with the following agenda highlights: ❑ Idea Review, work priorities and 2021 planning ❑ Work group discussions ❑ Liaison Update ❑ Roundtable Discussions Hearing Examiner Next meeting schedules, agenda materials and meeting videos for previous meetings held are available online. Housing Commission The Commission's next meeting is scheduled for January 141h, 2021 at 6:30 p.m. The last meeting was held December 171h, 2020. Agenda items included: ❑ Policy Proposal Review & Preliminary Selections ❑ Community engagement Additional Housing Commission information is on the website. Historic Preservation Commission The next virtual on-line meeting will be available online. The Commission last met on December 10th, 2020 via zoom. Agenda items included: ❑ Discussion 2021 Historic Edmonds Calendar ❑ Approval of minutes ❑ Commission Chair Comments ❑ Unfinished Business ❑ Action items. Housing Commission The Housing Commission is on target to wrap up its recommendations to the City Council by the end of January. Meanwhile, the Commission's progress was featured in an online open house and a January 7 webinar. Current draft recommendations are identified in an online survey and public input is invited through January 11. To view the open house or take the survey, go to: https://www.citizenshousingcommission.org/events. 41. Qy- 5W Packet Pg. 24 5.A.a Planning Board The Planning Board is scheduled to meet virtually on January 131h, 2021 @ 7:00 pm. The same members who served on the Planning Board last month will continue to serve at the upcoming meeting. Starting in January, Mike Rosen will begin the duties of board chair, taking "the gavel" over from Dan Robles, who filled this role last year. Tree Board The Tree Board last met on January 7. Agenda items for the virtual meeting included: ❑ Forterra follow-up ❑ ACE group presentation ❑ Tree Code update ❑ Partnering with Snohomish County Conservation District. Youth Commission The Youth Commission last met on December 16th. Agenda items included: ❑ Discussion with representative from Fair vote WA ❑ Round table on supporting youth needs. COMMUNITY CALENDAR The Community Calendar has some updates. 5 1 P a g e 1� Packet Pg. 25 7.A Planning Board Agenda Item Meeting Date: 01/13/2021 Tree Code Regulations Update Staff Lead: Kernen Lien Department: Planning Division Prepared By: Kernen Lien Background/History The Planning Board has been reviewing the draft tree code since October 2020, specifically at the October 14, October 28, November 12, and November 18 Planning Board meetings. The Planning Board held a public hearing on the draft tree code on December 9, 2020. Minutes from all of these meetings are attached. Staff Recommendation Make a recommendation on the draft tree code as provided in Attachment 1 to the City Council. Introduction This is a public hearing on draft tree regulations intended to begin implementing the City's Urban Forest Management Plan. The current version of the draft regulations is contained in Attachment 1. The City of Edmonds adopted an Urban Forest Management Plan (UFMP) in July 2019 which included goals and policy guidance for tree retention within the City (Attachment 3). Goal 1 of the UFMP is to maintain or enhance citywide canopy coverage which included the following actions to achieve this goal: A. Update tree regulations to reduce clearcutting or other development impacts on the urban forest and to consider changes to tree replacement requirements and penalties for code violations. B. Adopt policy goal of no net loss to overall tree canopy and continue to enhance canopy in parks according to the PROS plan C. Ensure protection of tree resources in environmentally critical areas F. Establish a tree bank or fund to which donations can be made for tree planting and other tree programs Goal 3 of the UFMP is to incentivize protection trees on private property which included the following action: A. Have a program of giving away trees and/or tree vouchers for use in Edmonds A code update process has started to begin implementing these portions of the UFMP. In September, Packet Pg. 26 7.A staff presented an outline of topics and possible concepts that will be explored with the Planning Board in review and updating of the City's tree related regulations (Attachment 4). These broad topics include: Tree retention during development - Including: exploring low impact development principles that may provide more flexibility in development in order to retain trees, specific tree retentions standards during development, and providing incentives for tree retention Establishing a tree fund into which development contributions or tree penalties can be tracked and the proceeds spent on tree planting and preservation Reviewing penalties for illegal tree cutting Moving the main tree regulations for private property into the Natural Resources title of the City's development code Reviewing the existing permitting structure and exemptions for tree removal on currently developed property Draft Tree Regulations The Planning Board has been reviewing the draft tree regulations since October and has provided feedback to staff for potential revisions to the draft. The draft tree regulations provided in Attachment 1 incorporate Planning Board's comments in the first draft as well as additional revisions resulting internal staff review of the draft regulations. Attachment 1 is a clean version of the draft regulations. Attachment 2 is a redline/strikeout version of the draft regulations presented at December 9th public hearing so the Planning Board can see where recent changes have been incorporated into the code. The primary focus of this tree code update is to develop regulations that will result in more trees being retained when properties are developed and requiring replanting for the trees that are removed. Some highlights of the draft regulations include: Development single family properties not capable of being subdivide are exempt from the tree code, unless there are critical areas on the property Tree retention requirements for new development. The retentions requirements apply to (ECDC 23.10.060): o Short subdivision and subdivision application o New multi -family development o New single-family development on a vacant lot or demolition and replacement of an existing single-family house o Tree removal not exemption by the tree code (ECDC 23.10.040) Retention and Replacement Requirements o New development must retain 30% of significant trees on site (ECDC 23.10.060.C) o Replacement is required for every significant tree that is removed (ECDC 23.10.080) o A fee -in -lieu program established if site will not support required replacement tree at a cost of $1,000 per tree (ECDC 23.10.080.E) Flexibility is proposed for subdivision design to aid in the retention of trees during development (ECDC 20.75.XXX) A Tree Fund is established (Chapter 3.95 ECC) o Tree Fund is support by the fee -in -lieu programs, penalties, or monies allocated by the City Council o Tree Fund may be used for: § Providing vouchers to individuals for purchasing and planting trees § Acquiring and preserving wooded areas within the City Public Hearing Review Packet Pg. 27 7.A Following the public hearing, the Planning Board wanted to explore a couple more items before forwarding a recommendation to the City Council. One item was the replacement ratio for trees removed based on the diameter of the tree. The draft tree code in Attachments 1 and 2 has modified the tree diameter associated with the replacement ratios. At the Planning Board meeting staff will provide an explanation of how this impacts the fee -in -lieu provision for replacement trees not planted. The other item the Planning Board wanted to explore was a canopy coverage requirement similar to Snohomish County tree code. This has not been incorporated into the draft tree code; however, staff will present how this coverage requirement may work in the draft code and the impacts that code change could have on provisions such as the fee -in -lieu program. Public Comments All the written public comments received as of January 8, 2021 are provided in Attachment 9 Attachments: Attachment 1: Clean Draft Edmonds Tree Related Regulations PB 01.13.21 Attachment 2: Redline Draft Edmonds Tree Related Regulations PB 01.13.21 Attachment 3: Edmonds Urban Forest Managment Plan Attachment 4: Edmonds Tree Regulations Update Topic Matrix Attachment 5: October 12, 2020 Planning Board Minutes Excerpt Attachment 6: October 28, 2020 Planning Board Minutes Excerpt Attachment 7: November 12, 2020 Planning Board Minutes Excerpt Attachment 8: November 18, 2020 Planning Board Minutes Attachment 9: Draft December 9, 2020 Planning Board Minutes Attachment 10: Tree Code Comments as of 01.08.21 Packet Pg. 28 7.A.a Draft Tree Related Regulations 23.10.000 Intent and Purpose 23.10.010 Administration Authority c 23.10.020 Definitions o 23.10.030 Permits 23.10.040 Exemptions 23.10.050 Tree Removal Prohibited 23.10.060 Tree Retention Associated with Development Activity o 23.10.070 Tree Protection Measures During Development v 23.10.080 Tree Replacement a 23.10.085 Protected Trees Notice on Title ~ 23.10.090 Bonding N 23.10.100 Violation, Enforcement and Penalties r 23.10.110 Liability c m 20.75.XXX Conservation Subdivision Design Flexibility a N Chapter 3.95 Tree Fund 3 a m 23.10.000 Intent and Purpose m The purpose of this chapter is to establish a process and standards to provide for the protection, m enhancement, preservation, replacement, and proper maintenance use of significant trees. This includes the following: L A. Implement the goals and objectives of the City's Urban Forest Management Plan; N c B. Implement the goals and objectives of the City's Comprehensive Plan; o E C. To promote the public health, safety, biodiversity, environmental health and general welfare of the w residents of Edmonds by preserving the physical and aesthetic character of the city through the L prevention of indiscriminate removal or destruction of trees and ground cover on improved or o partially improved property; D. Preserve the maximum number of trees that are determined to be appropriate for preservation in v the Edmonds urban environment and that have a reasonable chance of long-term survival; r c E. Promote site planning, building, and development practices that work to avoid removal or E destruction of trees and vegetation, that avoid unnecessary disturbance to the City's natural vegetation, and that provide landscaping to buffer the effects of built and paved areas; r a F. Encourage tree retention efforts by providing flexibility with respect to certain development requirements; E z G. Retain as many viable trees as possible on a developing site while still allowing the development U 2 proposal to move forward in a timely manner and replanting when trees are removed during of Q development. Planning Board 10.08.20 Draft Page 1 of 14 Packet Pg. 29 7.A.a H. Promote building and site planning practices that are consistent with the city's natural topographic and vegetation features while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; N C I. Mitigate the environmental and aesthetic consequences of tree removal in land development 0 through on -site and off -site tree replacement to help achieve a goal of no net loss of tree canopy coverage throughout the City of Edmonds; a� 0 23.10.010 Administering Authority v a� The development services director ("director") or a designee shall have the authority and responsibility to administer and enforce all provisions of this chapter. 23.10.020 Definitions A. Caliper —The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six (6) inches above the ground for up to and including 4-inch caliper size and 12 inches above the ground for larger sizes. B. Critical Root Zone - The area surrounding a tree at a distance from the trunk, which is equal to one (1) foot for every one (1) inch of tree DBH. C. Developable Site — The gross site area of a lot minus critical areas and buffers. D. Diameter at Breast Height (DBH) -The diameter or thickness of a tree trunk measured at 4.5 feet from the ground. DBH is also known as Diameter at Standard Height (DSH). E. Dripline - The distance from the tree trunk, that is equal to the furthest extent of the tree's crown F. Hazard tree - A tree that is dead, dying, diseased, damaged, structurally defective or exposed by recent removal of adjacent trees which makes it subject to a high probability of failure as determined by a qualified tree professional. G. Grove —A group of three (3) or more significant trees with overlapping or touching crowns. H. Improved lot — means mean a lot or parcel of land upon which a structure(s) is located, and which cannot be further subdivided pursuant to city subdivision regulations and zoning code. I. Limits of disturbance means the boundary between the area of minimum protection around a tree and the allowable site disturbance. J. Nuisance Tree — is a tree that is causing significant physical damage to a private or public structures and/or infrastructure, including but not limited to: sidewalk, curb, road, water or sewer or stormwater utilities, driveway, parking lot, building foundation, or roof. K. Protected Tree — A tree identified for retention and protection on an approved tree retention plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction. L. Pruning- means the proper removal of roots or branches of a tree according to the American National Standards Institute (ANSI) A300 pruning standards. Planning Board 10.08.20 Draft Page 2 of 14 Packet Pg. 30 7.A.a M. Qualified professional — An individual with relevant education and training in arboriculture or urban forestry, having two (2) or more of the following credentials: 1. International Society of Arboriculture (ISA) Certified Arborist; 2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA Track (or equivalent); N C 3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist; o 4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans; m For tree retention associated with a development permit, a qualified professional must have, in addition to the above credentials, a minimum of three (3) years' experience working directly with o the protection of trees during construction and have experience with the likelihood of tree survival c� after construction. A qualified professional must also be able to prescribe appropriate measures for W the preservation of trees during land development. N. Significant Tree — A tree that is at least six (6) inches in diameter at breast height (DBH) as measured at 4.5 feet from the ground. For trees with multiple leaders at four and one-half (4.5) feet height, theDBH shall be the combined cumulative total of branches greater than six (6) inches diameter at four and one-half (4.5) feet above the average grade. If a tree has been removed and only the stump remains that is below four and one-half (4.5) feet tall, the size of the tree shall be the diameter of the top of the stump. O. Specimen Tree — A tree of exceptional size or form for its species or rarity as determined by the city's qualified tree professional.. P. Tree - means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, that is recognized as a tree in the nursery and arboricultural industries Q. Tree Fund — refers to the fund created by Chapter 3.95 ECC. Tree removal — means the direct or indirect removal of a tree(s) or vegetation through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, unless pruning back to the point where the tree has been previously topped; poisoning; filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Tree topping - The significant cutting back of the leader stem or major branches, resulting in severely altering the growth potential of a tree. This definition does not apply when the sole purpose is to create a snag or snags for wildlife habitat. T. Viable tree - A significant tree that a qualified professional has determined to be in good health, with a low risk of failure due to structural defects, is windfirm if isolated or remains as part of a grove, and is a species that is suitable for its location. 23.10.030 Permits A. Applicability: No person shall remove, excessively prune, or top any significant tree except as provided by this chapter. Planning Board 10.08.20 Draft Page 3 of 14 Packet Pg. 31 7.A.a B. Tree removal not specifically exempted in section 23.10.040 will be processed as a Type I permit. C. Procedural exemption. Tree removal associated with building permit, subdivision, or other land use approval will be reviewed with the associated project and will not require a separate tree removal permit. All clearing shall be consistent with and apply the standards established by this chapter. N C O 23.10.040 Exemptions The following activities are exempt from the provisions of this chapter and do not require a permit: A. Removal of trees on an improved single-family lot, except for: o 1. That portion of the property containing a critical area or its associated buffer. Critical area in this context does not include erosion hazards with slopes less than 25 percent. B. Removal of non -significant trees that are not protected by any other means. N C. Removal of trees by the public works department, parks department, fire department and or r franchised utilities for one of the following purposes: o m 1. Installation and maintenance of public utilities or motorized or non -motorized streets or paths. a- N C 2. In response to situations involving danger to life or property, substantial fire hazards, or o interruption of services provided by a utility. a� Franchised utilities shall provide notification to the City prior to tree maintenance or removal. A m separate right-of-way permit may be required. m D. Removal and maintenance of trees within City of Edmonds' parks at the direction of the Parks Department. E. Routine landscaping and maintenance of vegetation, such as pruning and planting, removal of invasive/exotic species, management of brush and seedling trees. Pruning should comply with ANSI A300 (Part 1— 2017), Tree, Shrub and Other Woody Plant Management — Standard Practices, to maintain long term health. This includes maintenance of trees and vegetation required to be retained or planted under the provisions of the Edmonds Community Development Code. Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone. F. Trees that do not meet the exemptions in subsections A through E of this section may be removed with supporting documentation: a. Nuisance tree with documentation of the damage and any tree work that has been attempted to rectify the nuisance, and/or a statement from the applicant's qualified tree professional explaining why no arboricultural practices can safely rectify the nuisance. b. Hazard tree located outside a critical area with a tree risk assessment prepared by the applicants qualified professional documenting how the tree meets the definition of a hazard tree. c. Hazard tree removal in a critical area or critical area buffers consistent with the requirements of ECDC 23.40.220.C.8 23.10.050 Tree Removal Prohibited Planning Board 10.08.20 Draft Page 4 of 14 Packet Pg. 32 7.A.a A. Protected Trees: Removal of protected trees is prohibited, except as provided for in ECDC 23.10.040.E Hazard and Nuisance Trees, or through an approved modification of a Landscape Plan. B. Vacant Lots: Removal of trees from a vacant lot prior to a project development is prohibited except as provided for in ECDC 23.10.040.F, hazard and nuisance trees. C. Demolition of Structures: Tree removal shall be prohibited as part of a permitted demolition except N r_ 0 as required to reasonably conduct demolition activities subject to approval of the director. Tree replacement may be required for removed trees. D. In critical areas, critical area buffers, and in all native growth protection easements, tree removal is m prohibited except as allowed per Chapters 23.40 — 23.90 ECDC. o U a� a� L 23.10.060 Tree Retention Associated with Development Activity A. Introduction. The City's objective is to retain as many viable trees as possible on a developing site 01! while still allowing the development proposal to move forward in a timely manner. To that end, the M r City requires approval of a tree retention plan in conjunction with the following applications: c 1. Short subdivision m a N C 2. Subdivision 0 3. New multi -family development a� 4. New single-family development on a vacant lot or a demolition and replacement of a single- m family house, and 0 5. Any tree removal on developed sites not exempted by ECDC 23.10.040. rY In order to make better decisions about tree retention, particularly during all stages of development, tree retention plans will require specific information about the existing trees before removal is allowed. Specific tree retention plan review standards provided in this section establish tree retention priorities, incentives, and variations to development standards in order to facilitate preservation of viable trees. B. Tree Retention Plan An applicant for a development identified in subsection A must submit a tree retention plan that complies with this section. A qualified professional may be required to prepare certain components of a tree retention plan at the applicant's expense. Tree Retention Plan Components. The tree retention plan shall contain the following information, unless waived by the director: a. A tree inventory containing the following: A number system of all existing significant trees on the subject property (with corresponding tags on trees);; Size (DBH); iii. Proposed tree status (trees to be removed or retained); iv. Brief general health or condition rating of trees (i.e.: poor, fair, good, excellent, etc.) Planning Board 10.08.20 Draft Page 5 of 14 Packet Pg. 33 7.A.a V. Tree type or species. b. A site plan depicting the following: i. Location of all proposed improvements, including building footprint, access, utilities, applicable setbacks, buffers, and required landscaped areas clearly identified. If a short subdivision or subdivision is being proposed and the location of all proposed N C 0 improvements has not yet been established, a phased tree retention plan review is required as described in subsection (3)(a) of this section; ii. Accurate location of significant trees on the subject property (surveyed locations may be m required). W o iii. Trees labeled corresponding to the tree inventory numbering system; a) W L iv. Location of tree protection measures; V. Indicate limits of disturbance drawn to scale around all trees potentially impacted by �! site disturbances resulting from grading, demolition, or construction activities; M r vi. Proposed tree status (trees to be removed or retained) noted by an 'X' or by ghosting out; 0 op vii. Proposed locations of any required replacement trees as outlined in ECDC 23.10.080. a c. An arborist report containing the following: 0 Cc i. A complete description of each tree's health, condition, and viability; ii. A description of the method(s) used to determine the limits of disturbance (i.e., critical CD root zone, root plate diameter, or a case -by -case basis description for individual trees); iii. Any special instructions specifically outlining any work proposed within the limits of the m disturbance protection area (i.e., hand -digging, tunneling, root pruning, any grade L changes, clearing, monitoring, and aftercare); ~ iv. For trees not viable for retention, a description of the reason(s) for removal based on o poor health, high risk of failure due to structure, defects, unavoidable isolation E (windfirmness), or unsuitability of species, etc., and for which no reasonable alternative w r action is possible must be given (pruning, cabling, etc.); v V. Description of the impact of necessary tree removal to the remaining trees, including 0 those in a grove; 3. Additional Tree Retention Plan Standards for Short Subdivisions and Subdivisions a. Phased Review i. If during the short subdivision or subdivision review process the location of all proposed improvements, including the building footprint, utilities, and access, have not yet been established, the applicant may submit a Tree Retention Plan that addresses the current phase of development and limits removal to the impacted areas. A new Tree Retention Plan shall be required at each subsequent phase of the project as more information about the location of the proposed improvements is known subject to all of the requirements in this section. C. Tree Retention Requirements Planning Board 10.08.20 Draft Page 6 of 14 Packet Pg. 34 7.A.a 1. General Tree Retention Requirements: Significant trees on lots proposed for development or redevelopment shall be retained as follows: ECDC 23.10.060.0 Tree Retention Requirements for Proposed Development Development Retention Required New single-family, short subdivision, or 30% of all significant trees in the developable subdivision site Multi -family development, unit lot short 25% of all significant trees in the developable subdivision, or unit lot subdivision site 2. Trees that are located within Native Growth Protection Areas, critical areas and their associated buffers, or that have otherwise been designated for protection shall not be removed except as provide for ECDC 23.10.040.E hazard and nuisance trees and ECDC 23.40.220.C.8 critical area hazard tree. 3. The director may require the retention of additional trees to meet the stated purpose and intent of this chapter, as required by the critical area regulations (Chapters 23.40 — 23.90 ECDC), or the Shoreline Master Program (Title 24 ECDC) or as site -specific conditions demand using SEPA substantive authority. 4. Every significant tree that is removed under this chapter must be replaced consistent with the requirements of ECDC 23.10.080. D. Priority of Tree Retention Requirements: Significant trees to be retained should be retained in the following order of priority: 1. Priority One: a. Specimen trees; b. Significant trees which form a continuous canopy; c. Significant trees on slope greater than 15 percent; d. Significant trees adjacent to critical areas and their associated buffers; and e. Significant trees over sixty (60) feet in height or greater than eighteen (18) inches DBH. 2. Priority Two: a. Healthy tree groupings whose associated undergrowth can be preserved; b. Trees within the required yard setbacks or around the perimeter; c. Trees that have a screening function or provide relief from glare, blight, or commercial development; d. Other significant native evergreen or deciduous trees; and e. Other significant nonnative trees. 3. Priority Three: Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained except where adjacent to open space, wetlands or creek buffers. r c m E 0 r a a� E z U 2 r Q Planning Board 10.08.20 Draft Page 7 of 14 Packet Pg. 35 7.A.a E. In considering trees for retention, applicants and the City shall avoid, to the extent known, the selection of trees that may become hazardous because of wind gusts, including trees adjacent to utility corridors where falling trees may cause power outages or other damage. Remaining trees may be susceptible to blowdowns because of loss of a buffer from other trees, grade changes affecting the tree health and stability, and/or the presence of buildings in close proximity. 23.10.070 Tree Protection Measures During Development Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and soil to be preserved shall be protected from potentially damaging activities pursuant to the following standards: A. Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and grading activity, a preconstruction meeting shall be held on site with the permittee and appropriate City staff. The project site shall be marked in the field as follows 1. The extent of clearing and grading to occur; Delineation and protection of any critical areas and critical area buffers with clearing limit fencing; 3. Flagging of trees to be removed and and tags on trees to be retained; and 4. Property lines Placing Materials near Trees. No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During construction, no person shall attach any object to any tree designated for protection. C. Protective Barrier. Before development, land clearing, grading, filling or any land alteration, the applicant shall: 1. Erect and maintain readily visible temporary protective tree fencing along the limits of disturbance which completely surrounds the protected area of all retained trees, groups of trees, vegetation and native soil. Tree protective fencing shall be a minimum height of three feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable. 2. Install highly visible signs spaced no further than 15 feet apart along the entirety of the protective tree fencing. Said sign must be approved by the director and shall state at a minimum "Tree and Soil Protection Area, Entrance Prohibited" and provide the City phone number for code enforcement to report violations. 3. Prohibit excavation or compaction of soil or other potentially damaging activities within the barriers; provided, that the director may allow such activities approved by a qualified professional and under the supervision of a qualified professional retained and paid for by the applicant. 4. Maintain the protective barriers in place for the duration of the project until the director authorizes their removal. Planning Board 10.08.20 Draft Page 8 of 14 Packet Pg. 36 7.A.a 5. Ensure that any approved landscaping done in the protected zone subsequent to the removal of the barriers shall be accomplished with machinery from outside the protected zone or by hand. 6. In addition to the above, the director may require the following: a. If equipment is authorized to operate within the protected zone, the soil and critical root zone of a tree must be covered with mulch to a depth of at least six (6) inches or with N r_ 0 plywood, steel plates or similar material in order to protect roots and soil from damage caused by heavy equipment. b. Minimize root damage by hand -excavating a 2-foot-deep trench, at edge of critical root m W zone, to cleanly sever the roots of trees to be retained. Never rip or shred roots with heavy o equipment. v c. Corrective pruning performed on protected trees in order to avoid damage from machinery a� W or building activity. .. N d. Maintenance of trees throughout construction period by watering and fertilizing. C6 D. Grade. The grade shall not be elevated or reduced within the critical root zone of trees to be preserved without the director's authorization based on recommendations from a qualified professional. The director may allow coverage of up to one-half (1/2) of the area of the tree's critical root zone with light soils (no clay) to the minimum depth necessary to carry out grading or landscaping plans, if it will not imperil the survival of the tree. Aeration devices may be required to ensure the tree's survival. 2. If the grade adjacent to a preserved tree is raised such that it could slough or erode into the tree's critical root zone, it shall be permanently stabilized to prevent soil erosion and suffocation of the roots. 3. The applicant shall not install an impervious surface within the critical root zone of any tree to be retained without the authorization of the director. The director may require specific construction methods and/or use of aeration devices to ensure the tree's survival and to minimize the potential for root -induced damage to the impervious surface. 4. To the greatest extent practical, utility trenches shall be located outside of the critical root zone of trees to be retained. The director may require that utilities be tunneled under the roots of trees to be retained if the director determines that trenching would significantly reduce the chances of the tree's survival. Trees and other vegetation to be retained shall be protected from erosion and sedimentation Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground cover and stumps be maintained on the individual lots, where feasible. 6. The director may approve the use of alternative tree protection techniques if those techniques provide an equal or greater degree of protection than the techniques listed in this subsection. E. Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention. Planning Board 10.08.20 Draft Page 9 of 14 Packet Pg. 37 7.A.a F. Additional Requirements. The director may require additional tree protection measures that are consistent with accepted urban forestry industry practices. 23.10.080 Tree Replacement A. Replacement required. Tree replacement is required for tree cutting permits required by this N C 0 chapter and/or for tree removal associated with the development types identified in ECDC I 23.10.060.A. Each significant tree to be removed shall be replaced as follows: 1. For each significant tree between 6 inches and 14 inches DBH removed, one (1) replacement tree is required. 0 2. For each significant tree between 14.1 inches and 24 inches in DBH removed, two (2) replacement trees are required. 3. For each significant tree greater than 24 inches in DBH removed, three (3) replacement trees are 01! required. r B. No tree replacement is required in the following cases: O m IL 1. The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable assurance of regaining vigor. 2. The tree is proposed to be relocated to another suitable planting site, provided that relocation 0) complies with the standards in this section. CD C. Prior to any tree removal, the applicant shall demonstrate through a tree protection and m replacement plan, critical area mitigation plan, or other plans acceptable to the director that tree m replacement will meet the minimum standards of this section. a� m D. Replacement Specifications. 1. Minimum sizes for replacement trees shall be: U) a. one -and -one -half -inch caliper for deciduous trees; 0 E b. Six feet in height for evergreen trees. LU 2. The director may consider smaller -sized replacement trees if the applicant can demonstrate that 0 p` smaller trees are more suited to the species, the site conditions, and the purposes of this 0 section, and that such trees will be planted in sufficient quantities to meet the intent of this section. U 3. Replacement trees shall be primarily native species. E. Tree Replacement Fee-in-leu. A fee -in -lieu of tree replacement may be allowed, subject to approval by the director after consideration of all other options. A tree replacement fee shall be required for each replacement tree required but not planted on the application site or an off -site location. r Q 1. The amount of the fee shall be $1000 multiplied by the number of trees necessary to satisfy the tree replacement requirements of this section and shall be deposited into the City's Tree Fund. z 2. The fee shall be paid to the City prior to the issuance of a tree removal permit or associated development permit. Planning Board 10.08.20 Draft Page 10 of 14 Packet Pg. 38 7.A.a 23.10.085 Protected Trees Notice on Title The owner of any property that included a tree(s) identified for retention and protection on an approved tree retention plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction shall, as a condition of permit issuance, record a notice on title of the existence of such protected trees against the property with the Snohomish County auditor's .� office. The notice shall be approved by the director and the city attorney for compliance with this o provision. m 23.10.090 Bonding o A. The director may require a performance bond for tree replacement and site restoration to ensure the installation of replacement trees, and/or compliance with other landscaping requirements as identified on the approved site plans. .. N B. The bond shall be in the amount of 120 percent of the estimated cost of implementation of the tree ri r replacement and/or site restoration including trees, irrigation and labor. C. A two-year maintenance bond shall be required after the installation of required site improvements and prior to the issuance of a certificate of occupancy or finalization of permit and following required landscape installation or tree replacement. The maintenance bond shall be in place to ensure adequate maintenance and protection of retained trees and site improvements. The maintenance bond shall be for an amount of 15% of the performance bond or estimate in subsection B. D. The director shall exempt individual single-family lots from a maintenance bond, except where a clearing violation has occurred or tree replacement is located within critical areas or critical area buffers. 23.10.100 Violation, Enforcement and Penalties A. Noncompliance with any section of this chapter constitutes a violation of this Code. A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable as provided in Chapter 5.50 ECC. C. Penalties: 1. Aiding or Abetting: Any person who, through an act of commission or omission, procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. All persons who have been found to commit a violation under this chapter shall be responsible for an equal share of any penalties imposed under subsection C.2. 2. Civil Penalties: Any person violating any provisions of this chapter shall have committed a civil infraction and may be subject to civil penalties in addition to any criminal penalties. Pursuant to Chapter 64.12 RCW, the City may be entitled to triple the amount of civil damages claimed or assessed. The extent of the penalty shall be determined according to one or more of the following: a. An amount reasonably determined by the Director to be equivalent to the costs estimated by the City to investigate and administer the infraction; Planning Board 10.08.20 Draft Page 11 of 14 Packet Pg. 39 7.A.a b. The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property or the value received by the violator or savings of construction costs realized by the violator performing any act in violation of this chapter); c. Removal of existing 12" diameter or larger trees in violation of this chapter will require an .� appraisal of the tree value by the city tree protection professional using trunk formula 0 method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed existing trees in violation of this chapter. d. Penalty for illegal removal of trees shall be $1,500 per tree less than 12" Diameter and the appraised value of trees 12" or more in diameter. Penalties shall be paid into the city Tree 0 U Fund. If diameter of removed tree is unknown, determination of the diameter size shall be made by the City Arborist by comparing size of stump and species to similar trees in similar aa) growing conditions. The cost of replacing and replanting the trees and restoring the disturbed area according to a specific plan approved by the City. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the Director, that provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, is equivalent to the site condition that would have existed in the absence of the violation(s). f. If illegal tree topping has occurred, the property owner shall be required to have a certified arborist develop and implement a five (5) year pruning schedule in addition to monetary fines and required tree replacement. 3. Civil penalties under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the City. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary corrective action within a specific time. 4. Any fiscal penalty recovered under this section shall be deposited in the City's tree fund as established in Chapter 3.95 ECC. 23.10.110 Liability A. Liability for any adverse impacts, damages or injury resulting from work performed in accordance with any permit issued by the city under ECDC 23.10.030 shall be the sole responsibility of the permit applicant and/or owner of the property or site for which the permit was issued, and shall not be the responsibility of the city of Edmonds. Issuance by the city of any permit under this chapter shall not be construed as an assumption of any risk or liability by the city of Edmonds, nor as a warranty or guarantee that the work authorized by the permit will have no adverse impact or will cause no damages or injury to any person or property. B. Issuance by the city of a permit under ECDC 23.20.030 and/or compliance by the applicant and/or property owner with any permit conditions therein shall not relieve an applicant and/or property Planning Board 10.08.20 Draft Page 12 of 14 Packet Pg. 40 7.A.a owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage to persons or property resulting from the work authorized by any permit issued under this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the city limits from the duties imposed under Chapter 9.25 ECC to keep any tree or vegetation upon his property or under his control in such condition as to prevent it from constituting a hazard or a .� nuisance. g D. The amount of any security required as part of any land development permit with which tree ° removal is associated shall not serve as a gauge or limit to the compensation that may be owed by a property owner as a result of injury or damages to persons or property resulting from any tree removal authorized under this chapter. ° U a� a� LL r 20.75.XXX Conservation Subdivision Design .. A. Purpose. The purpose of this section is to promote retention of significant trees or specimen trees N ri and to protect natural resources through some amount of flexibility in lot layouts of subdivisions in r o order to preserve trees and provide for low impact development. The director and the applicant m shall work in good faith to find reasonable solutions. w B. Applicability. Administrative design flexibility in residential zones is limited to the following c ° development standards: 1. Setbacks. Street, side and rear setbacks may be reduced in all residential zones provided that: a� CD a. No street setback shall be less than fifteen (15) feet; } ° b. No rear setback shall be less the ten (10) feet; c. No required side setback shall be less than five (5) feet; and a� ;v d. Street and Rear setbacks in the RSW-12 zone shall not be reduced. U' 2. Lot size and width. Lots within a subdivision may be clustered in a way that allows dwelling c E units to be shifted to the most suitable locations potentially reducing individual lot sizes and w widths, provided that the overall density of the project complies with the density requirements cc of the zoning district in which it is located. pL c 3. Coverage. Structural coverage may be increased on individual lots provided that, in total, M coverage of the area within the subdivision does not exceed the lot coverage allow required for c) the zoning district in which it is located. 4. Access. Variations in parking lot design and/or access driveway requirements may be granted r when the public works, fire and planning officials determine the variations to be consistent with the intent of city codes and standards. ° r a C. Properties which include trees that are identified for retention and protection is association with design flexibility approved under this section must record a notice on title consistent with ECDC 23.10.085. e- 3.95 Tree Fund Planning Board 10.08.20 Draft Page 13 of 14 Packet Pg. 41 7.A.a 3.95.010 Tree Fund Established There is hereby created and established a fund known as the "Tree Fund." 3.95.020 Funding Sources Monies for the Tree Fund shall come from the following sources: A. All revenue, mitigation fees, civil fines, and penalties received by the city under Chapter 23.10 ECDC. B. All civil penalties received under Chapter 23.40 ECDC. C. Donations and grants for tree purposes; and D. Other monies allocated by the City Council 3.95.040 Funding Purposes A. Monies in the Tree Fund may be used for the following purposes, as reviewed and approved by the city: 1. Providing tree vouchers to individuals purchasing and planting trees in the City of Edmonds; 2. Paying for services provided by a qualified tree professional; 3. Paying for services that support the urban forest management and health; 4. Acquiring, maintaining, and preserving wooded areas within the city; 5. Purchasing supplies and materials for the city's observance of Arbor Day or other educational purchases; 6. Other purposes relating to trees as determined by the city. B. Monies from the Tree Fund must not be used to purchase trees required for replacement under the conditions Chapter 23.10 ECDC, nor used to purchase trees required for replacement under the conditions of a violation. Further, they may not be used in any manner that will profit the grantee. C. Monies deposited into the tree fund for a fee -in -lieu of tree replacements as provided for in 23.10.080.E must be used to purchase trees for planting. Planning Board 10.08.20 Draft Page 14 of 14 a Packet Pg. 42 7.A.b Draft Tree Related Regulations 23.10.000 Intent and Purpose 23.10.010 Administration Authority 23.10.020 Definitions 23.10.030 Permits 23.10.040 Exemptions 23.10.050 Tree Removal Prohibited 23.10.060 Tree Retention Associated with Development Activity o 23.10.070 Tree Protection Measures During Development 23.10.080 Tree Replacement 23.10.085 Protected Trees Notice on Title 23.10.090 Bonding N 23.10.100 Violation, Enforcement and Penalties M 23.10.110 Liability c 20.75.XXX Conservation Subdivision Design Flexibility Chapter 3.95 Tree Fund 3 a m 23.10.000 Intent and Purpose a� r The purpose of this chapter is to establish a process and standards to provide for the protection, enhancement, preservation, replacement, and proper maintenance use of significant trees. This includes the following: A. Implement the goals and objectives of the City's Urban Forest Management Plan; -a c B. Implement the goals and objectives of the City's Comprehensive Plan; o E C. To promote the public health, safety, biodiversity, environmental health and general welfare of the w residents 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; D. Preserve the maximum number of trees that are determined to be appropriate for preservation in the Edmonds urban environment and that have a reasonable chance of long-term survival; N E. Promote site planning, building, and development practices that work to avoid removal or destruction of trees and vegetation, that avoid unnecessary disturbance to the City's natural vegetation, and that provide landscaping to buffer the effects of built and paved areas; F. Encourage tree retention efforts by providing flexibility with respect to certain development Q r requirements; E G. Retain as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner and replanting when trees are removed during of development. Q Planning Board 10.08.20 Draft Page 1 of 14 Packet Pg. 43 7.A.b H. Promote building and site planning practices that are consistent with the city's natural topographic and vegetation features while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; Mitigate the environmental and aesthetic consequences of tree removal in land development through on -site and off -site tree replacement to help achieve a goal of no net loss of tree canopy coverage throughout the City of Edmonds; 23.10.010 Administering Authority The development services director ("director") or a designee shall have the authority and responsibility to administer and enforce all provisions of this chapter. 23.10.020 Definitions A. Caliper —The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six (6) inches above the ground for up to and including 4-inch caliper size and 12 inches above the ground for larger sizes. B. Critical Root Zone - The area surrounding a tree at a distance from the trunk, which is equal to one (1) foot for every one (1) inch of tree DBH. C. Developable Site — The gross site area of a lot minus critical areas and buffers. D. Diameter at Breast Height (DBH) -The diameter or thickness of a tree trunk measured at 4.5 feet from the ground. DBH is also known as Diameter at Standard Height (DSH). E. Dripline - The distance from the tree trunk, that is equal to the furthest extent of the tree's crown F. Hazard tree - A tree that is dead, dying, diseased, damaged, structurally defective or exposed by recent removal of adjacent trees which makes it subject to a high probability of failure as determined by a qualified tree professional. G. Grove —A group of three (3) or more significant trees with overlapping or touching crowns. H. Improved lot — means mean a lot or parcel of land upon which a structure(s) is located, and which cannot be further subdivided pursuant to city subdivision regulations and zoning code. I. Limits of disturbance means the boundary between the area of minimum protection around a tree and the allowable site disturbance. J. Nuisance Tree — is a tree that is causing significant physical damage to a private or public structures and/or infrastructure, including but not limited to: sidewalk, curb, road, water or sewer or stormwater utilities, driveway, parking lot, building foundation, or roof. K. Protected Tree — A tree identified for retention and protection on an approved tree retention plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction. L. Pruning- means the proper removal of roots or branches of a tree according to the American National Standards Institute (ANSI) A300 pruning standards. Planning Board 10.08.20 Draft Page 2 of 14 Packet Pg. 44 7.A.b M. Qualified professional — An individual with relevant education and training in arboriculture or urban forestry, having two (2) or more of the following credentials: 1. International Society of Arboriculture (ISA) Certified Arborist; 2. Tree Risk Assessment Qualification (TRAQ) as established by the ISA Track (or equivalent); 3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist; 4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans; For tree retention associated with a development permit, a qualified professional must have, in addition to the above credentials, a minimum of three (3) years' experience working directly with the protection of trees during construction and have experience with the likelihood of tree survival after construction. A qualified professional must also be able to prescribe appropriate measures for the preservation of trees during land development. N. Significant Tree — A tree that is at least six (6) inches in diameter at breast height (DBH) as measured at 4.5 feet from the ground. For trees with multiple leaders at four and one-half (4.5) feet height, theDBH shall be the combined cumulative total of branches greater than six (6) inches diameter at four and one-half (4.5) feet above the average grade. If a tree has been removed and only the stump remains that is below four and one-half (4.5) feet tall, the size of the tree shall be the diameter of the top of the stump. O. Specimen Tree — A tree of exceptional size or form for its species or rarity as determined by the city's qualified tree professional.. P. Tree - means a self-supporting woody plant characterized by one main trunk or, for certain species, multiple trunks, that is recognized as a tree in the nursery and arboricultural industries Q. Tree Fund — refers to the fund created by Chapter 3.95 ECC. Tree removal — means the direct or indirect removal of a tree(s) or vegetation through actions including, but not limited to: clearing, cutting, girdling, topping, or causing irreversible damage to roots or stems; destroying the structural integrity of trees through improper pruning, unless pruning back to the point where the tree has been previously topped; poisoning; filling, excavating, grading, or trenching within the dripline that results in the loss of more than 20 percent of the tree's root system; or the removal through any of these processes of greater than 50 percent of the live crown of the tree. Tree topping - The significant cutting back of the leader stem or major branches, resulting in severely altering the growth potential of a tree. This definition does not apply when the sole purpose is to create a snag or snags for wildlife habitat. T. Viable tree - A significant tree that a qualified professional has determined to be in good health, with a low risk of failure due to structural defects, is windfirm if isolated or remains as part of a grove, and is a species that is suitable for its location. 23.10.030 Permits A. Applicability: No person shall remove, excessively prune, or top any significant tree except as provided by this chapter. Planning Board 10.08.20 Draft Page 3 of 14 Packet Pg. 45 7.A.b B. Tree removal not specifically exempted in section 23.10.040 will be processed as a Type I permit. C. Procedural exemption. Tree removal associated with building permit, subdivision, or other land use approval will be reviewed with the associated project and will not require a separate tree removal permit. All clearing shall be consistent with and apply the standards established by this chapter. 23.10.040 Exemptions The following activities are exempt from the provisions of this chapter and do not require a permit: A. Removal of trees on an improved single-family lot, except for: 1. That portion of the property containing a critical area or its associated buffer. Critical area in this context does not include erosion hazards with slopes less than 25 percent. B. Removal of non -significant trees that are not protected by any other means. C. Removal of trees by the public works department, parks department, fire department and or franchised utilities for one of the following purposes: 1. Installation and maintenance of public utilities or motorized or non -motorized streets or paths. 2. In response to situations involving danger to life or property, substantial fire hazards, or interruption of services provided by a utility. Franchised utilities shall provide notification to the City prior to tree maintenance or removal. A separate right-of-way permit may be required. D. Removal and maintenance of trees within City of Edmonds' parks at the direction of the Parks Department. E. Routine landscaping and maintenance of vegetation, such as pruning and planting, removal of invasive/exotic species, management of brush and seedling trees. Pruning should comply with ANSI A300 (Part 1— 2017), Tree, Shrub and Other Woody Plant Management — Standard Practices, to maintain long term health. This includes maintenance of trees and vegetation required to be retained or planted under the provisions of the Edmonds Community Development Code. Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone. F. Trees that do not meet the exemptions in subsections A through E of this section may be removed with supporting documentation: a. Nuisance tree with documentation of the damage and any tree work that has been attempted to rectify the nuisance, and/or a statement from the applicant's qualified tree professional explaining why no arboricultural practices can safely rectify the nuisance. b. Hazard tree located outside a critical area with a tree risk assessment prepared by the applicants qualified professional documenting how the tree meets the definition of a hazard tree. c. Hazard tree removal in a critical area or critical area buffers consistent with the requirements of ECDC 23.40.220.C.8 23.10.050 Tree Removal Prohibited Planning Board 10.08.20 Draft Page 4 of 14 Packet Pg. 46 7.A.b A. Protected Trees: Removal of protected trees is prohibited, except as provided for in ECDC 23.10.040.E Hazard and Nuisance Trees, or through an approved modification of a Landscape Plan. B. Vacant Lots: Removal of trees from a vacant lot prior to a project development is prohibited except as provided for in ECDC 23.10.040.F, hazard and nuisance trees. C. Demolition of Structures: Tree removal shall be prohibited as part of a permitted demolition except as required to reasonably conduct demolition activities subject to approval of the director. Tree replacement may be required for removed trees. D. In critical areas, critical area buffers, and in all native growth protection easements, tree removal is prohibited except as allowed per Chapters 23.40 — 23.90 ECDC. 23.10.060 Tree Retention Associated with Development Activity A. Introduction. The City's objective is to retain as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner. To that end, the City requires approval of a tree retention plan in conjunction with the following applications: 1. Short subdivision 2. Subdivision 3. New multi -family development 4. New single-family development on a vacant lot or a demolition and replacement of a single- family house, and 5. Any tree removal on developed sites not exempted by ECDC 23.10.040. In order to make better decisions about tree retention, particularly during all stages of development, tree retention plans will require specific information about the existing trees before removal is allowed. Specific tree retention plan review standards provided in this section establish tree retention priorities, incentives, and variations to development standards in order to facilitate preservation of viable trees. B. Tree Retention Plan An applicant for a development identified in subsection A must submit a tree retention plan that complies with this section. A qualified professional may be required to prepare certain components of a tree retention plan at the applicant's expense. Tree Retention Plan Components. The tree retention plan shall contain the following information, unless waived by the director: a. A tree inventory containing the following: A number system of all existing significant trees on the subject property (with corresponding tags on trees);; Size (DBH); iii. Proposed tree status (trees to be removed or retained); iv. Brief general health or condition rating of trees (i.e.: poor, fair, good, excellent, etc.) Planning Board 10.08.20 Draft Page 5 of 14 Packet Pg. 47 7.A.b V. Tree type or species. b. A site plan depicting the following: i. Location of all proposed improvements, including building footprint, access, utilities, applicable setbacks, buffers, and required landscaped areas clearly identified. If a short subdivision or subdivision is being proposed and the location of all proposed o improvements has not yet been established, a phased tree retention plan review is required as described in subsection (3)(a) of this section; ii. Accurate location of significant trees on the subject property (surveyed locations may be required). o U iii. Trees labeled corresponding to the tree inventory numbering system; W L iv. Location of tree protection measures; V. Indicate limits of disturbance drawn to scale around all trees potentially impacted by M site disturbances resulting from grading, demolition, or construction activities; r 0 vi. Proposed tree status (trees to be removed or retained) noted by an 'X' or by ghosting out; m a vii. Proposed locations of any required replacement trees as outlined in ECDC 23.10.080. c 0 c. An arborist report containing the following: o i. A complete description of each tree's health, condition, and viability; ii. A description of the method(s) used to determine the limits of disturbance (i.e., critical root zone, root plate diameter, or a case -by -case basis description for individual trees); iii. Any special instructions specifically outlining any work proposed within the limits of the as disturbance protection area (i.e., hand -digging, tunneling, root pruning, any grade changes, clearing, monitoring, and aftercare); iv. For trees not viable for retention, a description of the reason(s) for removal based on c E poor health, high risk of failure due to structure, defects, unavoidable isolation w (windfirmness), or unsuitability of species, etc., and for which no reasonable alternative action is possible must be given (pruning, cabling, etc.); 0 V. Description of the impact of necessary tree removal to the remaining trees, including c those in a grove; -a 3. Additional Tree Retention Plan Standards for Short Subdivisions and Subdivisions a. Phased Review i. If during the short subdivision or subdivision review process the location of all proposed improvements, including the building footprint, utilities, and access, have not yet been established, the applicant may submit a Tree Retention Plan that addresses the current phase of development and limits removal to the impacted areas. A new Tree Retention Plan shall be required at each subsequent phase of the project as more information about the location of the proposed improvements is known subject to all of the requirements in this section. C. Tree Retention Requirements Planning Board 10.08.20 Draft Page 6 of 14 Packet Pg. 48 7.A.b 1. General Tree Retention Requirements: Significant trees on lots proposed for development or redevelopment shall be retained as follows: ECDC 23.10.060.0 Tree Retention Requirements for Proposed Development Development Retention Required New single-family, short subdivision, or 30% of all significant trees in the developable subdivision site Multi -family development, unit lot short 25% of all significant trees in the developable subdivision, or unit lot subdivision site 2. Trees that are located within Native Growth Protection Areas, critical areas and their associated buffers, or that have otherwise been designated for protection shall not be removed except as provide for ECDC 23.10.040.E hazard and nuisance trees and ECDC 23.40.220.C.8 critical area hazard tree. 3. The director may require the retention of additional trees to meet the stated purpose and intent of this chapter, as required by the critical area regulations (Chapters 23.40 — 23.90 ECDC), or the Shoreline Master Program (Title 24 ECDC) or as site -specific conditions demand using SEPA substantive authority. 4. Every significant tree that is removed under this chapter must be replaced consistent with the requirements of ECDC 23.10.080. D. Priority of Tree Retention Requirements: Significant trees to be retained should be retained in the following order of priority: 1. Priority One: a. Specimen trees; b. Significant trees which form a continuous canopy; c. Significant trees on slope greater than 15 percent; d. Significant trees adjacent to critical areas and their associated buffers; and e. Significant trees over sixty (60) feet in height or greater than eighteen (18) inches DBH. 2. Priority Two: a. Healthy tree groupings whose associated undergrowth can be preserved; b. Trees within the required yard setbacks or around the perimeter; c. Trees that have a screening function or provide relief from glare, blight, or commercial development; d. Other significant native evergreen or deciduous trees; and e. Other significant nonnative trees. 3. Priority Three: Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained except where adjacent to open space, wetlands or creek buffers. a Planning Board 10.08.20 Draft Page 7 of 14 Packet Pg. 49 7.A.b E. In considering trees for retention, applicants and the City shall avoid, to the extent known, the selection of trees that may become hazardous because of wind gusts, including trees adjacent to utility corridors where falling trees may cause power outages or other damage. Remaining trees may be susceptible to blowdowns because of loss of a buffer from other trees, grade changes affecting the tree health and stability, and/or the presence of buildings in close proximity. O grading activity, a preeenstruetien meeting shall -he held- A —A site with the peRnittee and appFE)pFiate City staff. The p ect site shall be ,rked- in the field- fell ,ws � O . IY 1— The extent A-feleaFing and gFadingte r O V eritical area buffers with eleaFing4*P4 ^M^;M Fd 1'C'I eing L i N 4. o r . , r+ines CO) 23.10.070 Tree Protection Measures During Development Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and soil to be preserved shall be protected from potentially damaging activities pursuant to the following standards: A. Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and grading activity, a preconstruction meeting shall be held on site with the permittee and appropriate City staff. The project site shall be marked in the field as follows 1. The extent of clearing and grading to occur; 2. Delineation and protection of any critical areas and critical area buffers with clearing limit fencing; 3. Flagging of trees to be removed and and tags on trees to be retained; and 4. Property lines A-.B.Placing Materials near Trees. No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During construction, no person shall attach any object to any tree designated for protection. 9-.C. Protective Barrier. Before development, land clearing, grading, filling or any land alteration, the applicant shall: 1. Erect and maintain readily visible temporary protective tree fencing along the limits of disturbance which completely surrounds the protected area of all retained trees, groups of trees, vegetation and native soil. Tree protective fencing shall be a minimum height of three feet, visible and of durable construction; orange polyethylene laminar fencing is acceptable. (6) feet high, URIess etheF type of Planning Board 10.08.20 Draft Page 8 of 14 Packet Pg. 50 7.A.b Install highly visible signs spaced no further than 15 feet apart along the entirety of the protective tree fencing. Said sign must be approved by the director and shall state at a minimum "Tree and Soil Protection Area, Entrance Prohibited" and provide the City phone number for code enforcement to report violations. Prohibit excavation or compaction of soil or other potentially damaging activities within the barriers; provided, that the director may allow such activities approved by a qualified professional and under the supervision of a qualified professional retained and paid for by the applicant. 4. Maintain the protective barriers in place for the duration of the project until the director authorizes their removal. 5. Ensure that any approved landscaping done in the protected zone subsequent to the removal of the barriers shall be accomplished with machinery from outside the protected zone or by hand. 6. In addition to the above, the director may require the following: If equipment is authorized to operate within the protected zone, the soil and critical root zone of a tree must be covered with mulch to a depth of at least six (6) inches or with plywood, steel plates or similar material in order to protect roots and soil from damage caused by heavy equipment. b. Minimize root damage by hand -excavating a 2-foot-deep trench, at edge of critical root zone, to cleanly sever the roots of trees to be retained. Never rip or shred roots with heavy equipment. c. Corrective pruning performed on protected trees in order to avoid damage from machinery or building activity. d. Maintenance of trees throughout construction period by watering and fertilizing. QD. Grade. 1. The grade shall not be elevated or reduced within the critical root zone of trees to be preserved without the director's authorization based on recommendations from a qualified professional. The director may allow coverage of up to one-half (1/2) of the area of the tree's critical root zone with light soils (no clay) to the minimum depth necessary to carry out grading or landscaping plans, if it will not imperil the survival of the tree. Aeration devices may be required to ensure the tree's survival. If the grade adjacent to a preserved tree is raised such that it could slough or erode into the tree's critical root zone, it shall be permanently stabilized to prevent soil erosion and suffocation of the roots. The applicant shall not install an impervious surface within the critical root zone of any tree to be retained without the authorization of the director. The director may require specific construction methods and/or use of aeration devices to ensure the tree's survival and to minimize the potential for root -induced damage to the impervious surface. 4. To the greatest extent practical, utility trenches shall be located outside of the critical root zone of trees to be retained. The director may require that utilities be tunneled under the roots of trees to be retained if the director determines that trenching would significantly reduce the chances of the tree's survival. Planning Board 10.08.20 Draft Page 9 of 14 Packet Pg. 51 7.A.b Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground cover and stumps be maintained on the individual lots, where feasible. 6. The director may approve the use of alternative tree protection techniques if those techniques provide an equal or greater degree of protection than the techniques listed in this subsection. D-.E.Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention. F. Additional Requirements. The director may require additional tree protection measures that are consistent with accepted urban forestry industry practices. 23.10.080 Tree Replacement A. Replacement required. Tree replacement is required for tree cutting permits required by this chapter and/or for tree removal associated with the development types identified in ECDC 23.10.060.A. Each significant tree to be removed shall be replaced as follows: 1. For each significant tree between 6 inches and 440-14 inches DBH removed, one (1) replacement tree is required. 2. For each significant tree between 4-9414.1 inches and 4�24 inches in DBH removed, two (2) replacement trees are required. 3. For each significant tree greater than 4424 inches in DBH removed, three (3) replacement trees are required. B. No tree replacement is required in the following cases: The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable assurance of regaining vigor. 2. The tree is proposed to be relocated to another suitable planting site, provided that relocation complies with the standards in this section. C. Prior to any tree removal, the applicant shall demonstrate through a tree protection and replacement plan, critical area mitigation plan, or other plans acceptable to the director that tree replacement will meet the minimum standards of this section. D. Replacement Specifications. 1. Minimum sizes for replacement trees shall be: a. one -and -one -half -inch caliper for deciduous trees; b. Six feet in height for evergreen trees. 2. The director may consider smaller -sized replacement trees if the applicant can demonstrate that smaller trees are more suited to the species, the site conditions, and the purposes of this section, and that such trees will be planted in sufficient quantities to meet the intent of this section. 3. Replacement trees shall be primarily native species. Planning Board 10.08.20 Draft Page 10 of 14 Packet Pg. 52 7.A.b E. Tree Replacement Fee-in-leu. A fee -in -lieu of tree replacement may be allowed, subject to approval by the director after consideration of all other options. A tree replacement fee shall be required for each replacement tree required but not planted on the application site or an off -site location. 1. The amount of the fee shall be $1000 multiplied by the number of trees necessary to satisfy the tree replacement requirements of this section and shall be deposited into the City's Tree Fund. The fee shall be paid to the City prior to the issuance of a tree removal permit or associated development permit. 23.10.085 Protected Trees Notice on Title The owner of any property that included a tree(s) identified for retention and protection on an approved tree retention plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction shall, as a condition of permit issuance, record a notice on title of the existence of such protected trees against the property with the Snohomish County auditor's office. The notice shall be approved by the director and the city attorney for compliance with this provision. 23.10.090 Bonding A. The director may require a performance bond for tree replacement and site restoration to ensure the installation of replacement trees, and/or compliance with other landscaping requirements as identified on the approved site plans. B. The bond shall be in the amount of 120 percent of the estimated cost of implementation of the tree replacement and/or site restoration including trees, irrigation and labor. C. A two-year maintenance bond shall be required after the installation of required site improvements and prior to the issuance of a certificate of occupancy or finalization of permit and following required landscape installation or tree replacement. The maintenance bond shall be in place to ensure adequate maintenance and protection of retained trees and site improvements. The maintenance bond shall be for an amount of 15% of the performance bond or estimate in subsection B. D. The director shall exempt individual single-family lots from a maintenance bond, except where a clearing violation has occurred or tree replacement is located within critical areas or critical area buffers. 23.10.100 Violation, Enforcement and Penalties A. Noncompliance with any section of this chapter constitutes a violation of this Code. A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable as provided in Chapter 5.50 ECC. C. Penalties: 1. Aiding or Abetting: Any person who, through an act of commission or omission, procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the Planning Board 10.08.20 Draft Page 11 of 14 Packet Pg. 53 7.A.b penalty. All persons who have been found to commit a violation under this chapter shall be responsible for an equal share of any penalties imposed under subsection C.2. Civil Penalties: Any person violating any provisions of this chapter shall have committed a civil infraction and may be subject to civil penalties in addition to any criminal penalties. Pursuant to Chapter 64.12 RCW, the City may be entitled to triple the amount of civil damages claimed or assessed. The extent of the penalty shall be determined according to one or more of the following: a. An amount reasonably determined by the Director to be equivalent to the costs estimated by the City to investigate and administer the infraction; b. The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property or the value received by the violator or savings of construction costs realized by the violator performing any act in violation of this chapter); c. Removal of existing 12" diameter or larger trees in violation of this chapter will require an appraisal of the tree value by the city tree protection professional using trunk formula method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed existing trees in violation of this chapter. d. Penalty for illegal removal of trees shall be $1,500 per tree less than 12" Diameter and the appraised value of trees 12" or more in diameter. Penalties shall be paid into the city Tree Fund. If diameter of removed tree is unknown, determination of the diameter size shall be made by the City Arborist by comparing size of stump and species to similar trees in similar growing conditions. The cost of replacing and replanting the trees and restoring the disturbed area according to a specific plan approved by the City. Violators of this chapter or of a permit issued thereunder shall be responsible for restoring unlawfully damaged areas in conformance with a plan, approved by the Director, that provides for repair of any environmental and property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, is equivalent to the site condition that would have existed in the absence of the violation(s). If illegal tree topping has occurred, the property owner shall be required to have a certified arborist develop and implement a five (5) year pruning schedule in addition to monetary fines and required tree replacement. Civil penalties under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the City. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require necessary corrective action within a specific time. 4. Any fiscal penalty recovered under this section shall be deposited in the City's tree fund as established in Chapter 3.95 ECC. 23.10.110 Liability Planning Board 10.08.20 Draft Page 12 of 14 Packet Pg. 54 7.A.b A. Liability for any adverse impacts, damages or injury resulting from work performed in accordance with any permit issued by the city under ECDC 23.10.030 shall be the sole responsibility of the permit applicant and/or owner of the property or site for which the permit was issued, and shall not be the responsibility of the city of Edmonds. Issuance by the city of any permit under this chapter shall not be construed as an assumption of any risk or liability by the city of Edmonds, nor as a warranty or guarantee that the work authorized by the permit will have no adverse impact or will o cause no damages or injury to any person or property. r f° B. Issuance by the city of a permit under ECDC 23.20.030 and/or compliance by the applicant and/or a� property owner with any permit conditions therein shall not relieve an applicant and/or property m owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage v to persons or property resulting from the work authorized by any permit issued under this chapter. m L C. Nothing contained in this chapter shall be deemed to relieve any property owner within the city limits from the duties imposed under Chapter 9.25 ECC to keep any tree or vegetation upon his N property or under his control in such condition as to prevent it from constituting a hazard or a nuisance. r 0 D. The amount of any security required as part of any land development permit with which tree a removal is associated shall not serve as a gauge or limit to the compensation that may be owed by a property owner as a result of injury or damages to persons or property resulting from any tree ° r removal authorized under this chapter. M 20.75.XXX Conservation Subdivision Design A. Purpose. The purpose of this section is to promote retention of significant trees or specimen trees and to protect natural resources through some amount of flexibility in lot layouts of subdivisions in order to preserve trees and provide for low impact development. The director and the applicant shall work in good faith to find reasonable solutions. Applicability. Administrative design flexibility in residential zones is limited to the following development standards: 1. Setbacks. Street, side and rear setbacks may be reduced in all residential zones provided that a. No street setback shall be less than fifteen (15) feet; b. No rear setback shall be less the ten (10) feet; c. No required side setback shall be less than five (5) feet; and d. Street and Rear setbacks in the RSW-12 zone shall not be reduced. Lot size and width. Lots within a subdivision may be clustered in a way that allows dwelling units to be shifted to the most suitable locations potentially reducing individual lot sizes and widths, provided that the overall density of the project complies with the density requirements of the zoning district in which it is located. Coverage. Structural coverage may be increased on individual lots provided that, in total, coverage of the area within the subdivision does not exceed the lot coverage allow required for the zoning district in which it is located. Planning Board 10.08.20 Draft Page 13 of 14 Packet Pg. 55 7.A.b 4. Access. Variations in parking lot design and/or access driveway requirements may be granted when the public works, fire and planning officials determine the variations to be consistent with the intent of city codes and standards. C. Properties which include trees that are identified for retention and protection is association with design flexibility approved under this section must record a notice on title consistent with ECDC o 23.10.085. r a� m m 3.95 Tree Fund v m 3.95.010 Tree Fund Established H There is hereby created and established a fund known as the "Tree Fund." N M r 3.95.020 Funding Sources m Monies for the Tree Fund shall come from the following sources: N c A. All revenue, mitigation fees, civil fines, and penalties received by the city under Chapter 23.10 ECDC. ° B. All civil penalties received under Chapter 23.40 ECDC. m C. Donations and grants for tree purposes; and a� D. Other monies allocated by the City Council 3.95.040 Funding Purposes A. Monies in the Tree Fund may be used for the following purposes, as reviewed and approved by the c 0 city: E 1. Providing tree vouchers to individuals purchasing and planting trees in the City of Edmonds; 2. Paying for services provided by a qualified tree professional; p` m 3. Paying for services that support the urban forest management and health; 4. Acquiring, maintaining, and preserving wooded areas within the city; 5. Purchasing supplies and materials for the city's observance of Arbor Day or other educational N purchases; E 6. Other purposes relating to trees as determined by the city. c� B. Monies from the Tree Fund must not be used to purchase trees required for replacement under the a conditions Chapter 23.10 ECDC, nor used to purchase trees required for replacement under the conditions of a violation. Further, they may not be used in any manner that will profit the grantee. E C. Monies deposited into the tree fund for a fee -in -lieu of tree replacements as provided for in 23.10.080.E must be used to purchase trees for planting. Q Planning Board 10.08.20 Draft Page 14 of 14 Packet Pg. 56 � - L Y �ii�■ �� �Rlna�Y���J L x� �', p+r Y +• 4 — W .I - r.la R- ~ . ��}� • • 4 ; h stiff Q.. Fw -41 we PF IIA ti `-qqM1•1s@[•I@I* Urban Forest Mana'gement Plan July, 2019 A& Ho"I'l =k = i 7.A.c c 0 r a� m m 0 t� d m L a c a� E a� c� c �a r a� L 0 U- L 0 E W M n Q Cd G t V Q Packet Pg. 58 7.A.c City of Edmonds Urban Forest Management Plan July, 2019 DAVEY#. Resource Group Prepared for: City of Edmonds 121 5th Ave N Edmonds, WA 98020 Prepared by: Davey Resource Group, Inc. 6005 Capistrano Avenue, Suite A Atascadero, California 93422 Phone: 805-461-7500 Toll Free: 800-966-2021 Fax: 805-461-8501 www.davey.com/drg Packet Pg. 59 7.A.c Acknowledgments CITY OF EDMONDS STAFF MEMBERS Shane Hope, Director, Development Services Carrie Hite, Director, Parks, Recreation, and Cultural Services Phil Williams, Director, Public Works and Utilities Brad Shipley, Associate Planner Diane Cunningham, Administrative Assistant Terri Arnold, Deputy Director, Parks, Recreation and Cultural Services Department Rich Lindsay, Parks Maintenance Manager, Parks, Recreation and Cultural Services Department Debra Dill, Parks Senior Laborer, Parks, Recreation and Cultural Services Department Jennifer Leach, Environmental Education & Sustainability Coordinator, Parks, Recreation and Cultural Services Department Kernen Lien, Environmental Programs Manager, Development Services Department Jeanie McConnell, Engineering Program Manager, Public Works Department CITY OF EDMONDS CITIZENS' TREE BOARD Doug Petersen, Position 3 - Chair Frank Caruso, Position 1 - Vice Chair Gail Lovell, Position 2 William Phipps, Position 4 Barbara Chase, Position 5 Steve Hatzenbeler, Position 6 Vivian Olson, Position 7 Suzanne Jeugensen, Alt. CITY OF EDMONDS PLANNING BOARD Nathan Monroe, Position 4 - Chair Matt Cheung, Position 3 - Vice Chair Philip (Phil) Lovell, Position 1 Daniel Robles, Position 2 Carreen Nordling Rubenkonig, Position 5 Alicia Crank, Position 6 Todd Cloutier, Position 7 Mike Rosen, Alt. CITY OF EDMONDS CITY COUNCIL Mike Nelson, Position 2 — Council President Diane Buckshnis, Position 4 — Council President Pro Tem Kristiana Johnson, Position 1 Adrienne Fraley-Monillas, Position 3 Dave Teitzel, Position 5 Thomas Mesaros, Position 6 Neil Tibbott, Position 7 OF EDP 0 DAVEY#-,. Resource Group 111c. I gqo Packet Pg. 60 7.A.c Table of Contents Executive Summary Scope & Purpose Plan Foundation Introduction Community Benefits and Challenges of the Urban Forest What Do We Have? Edmonds' Urban Forestry History Regulatory Framework Regional Plans and Legislation Regional Urban Forestry Resources Urban Tree Canopy Analysis Urban Forestry Practices - Case Studies Existing Urban Forest Practices What Do We Want? Stakeholder and Community Input How Do We Get There? Goals and Actions of the Plan How Are We Doing? Monitoring and Measuring Results Appendices Appendix A: References Appendix B: Table of Figures Appendix C: Community Survey Responses Appendix D: Open House Summary Report Packet Pg. 61 7.A.c Executive Summary Background & Purpose Urban forest simply means the trees in an urban area. An urban forest management plan is a long- term plan for managing trees in a city. The purpose of the City of Edmonds Urban Forest Management Plan is to provide guidance for managing, enhancing, and growing trees in the City of Edmonds over the next 20 years. Special emphasis is placed on managing trees on public property and along the public rights -of -way. Public Involvement in Process Public involvement has been part of developing and finalizing the Urban Forest Management Plan. The involvement has included open houses, website postings, informal survey, press releases, and submitted public comments, as well as formal public meetings by the Tree Board, Planning Board, and City Council. Plan Overview and Conclusions Edmonds, like many cities in the Pacific Northwest, once had large stands of old -growth trees that included Douglas fir and Western red cedar. Most of these were logged off years ago and development of streets, homes, businesses, schools, churches, and additional settlement followed. In some places, new trees have grown up or been planted. For Edmonds today, tree canopy coverage is estimated to be about 30.3% of the total city area. Trees have many benefits, but also some challenges. Selecting the right tree for a particular location makes a difference in how the tree will perform and thrive. Appropriate planting methods and tree care are important too. The Cty has a program of planting and caring for trees in public places —such as City parks and along various streets. In addition, the City has regulations about certain aspects of trees on private property. Notably, Edmonds is certified as a "Tree City USA" city and supports an active Citizens Tree Board. The Tree Board, as well as City staff, helps provide public education and participation in volunteer events to plant trees. Throughout the community, many residents also value and take care of trees on their property. To promote future sustainability and urban forest health, thoughtful planning and actions are needed. The Plan identifies five long-range goals to help the City move forward. The goals are: 1. Maintain or enhance citywide canopy coverage 2. Manage public trees proactively 3. Incentivize protecting and planting trees on private property 4. Provide resources to the community to educate/inform on tree planting and care 5. Promote "right tree, right place". Specific action strategies are identified to address each of the Plan's long-range goals. These would be implemented over time, as resources are available, to address priority needs. Furthermore, the Urban Forest Management Plan should be reviewed every five to ten years and updated as needed. 1 Scope & Purpose Packet Pg. 62 7.A.c Overview The plan includes long-range goals and action strategies to promote sustainability, species diversity, and greater canopy cover. Publicly -managed trees along streets, in parks, and at City facilities are collectively referred to as the community urban forest. Privately owned trees are also considered part of the urban forest in this plan because of their function and contribution to the sustainability of the overall urban forest in Edmonds; however, the City recognizes that it has a limited role in the care of private trees. Recognizing the significance of environmental and socioeconomic benefits provided by trees and their relationship with a high quality of life, the UFMP aims to: • Illustrate the value and benefits of trees. • Promote shared vision and collaboration between community residents. • Establish benchmarks and metrics to monitor the long-term success of management strategies. • Enhance the health and sustainability of the community urban forest. • Increase the vital benefits that the trees provide to Edmonds and the region. • Ensure that resources are in place to support the care and management of the community's trees. This UFMP includes goals and action strategies for the long-term and short-term in support of this purpose. It identifies appropriate resources to adequately manage community trees. It is intended to remain flexible and dynamic, allowing for the exploration and implementation of the actions as funding and resources permit. The development of the UFMP included a comprehensive review of existing policies and regulations, currentfunding and maintenance levels, analysis of the extent, condition, and composition of the existing tree resources, stakeholder concerns, and community input. Plan Foundation Spending any amount of time outdoors in Edmonds will reveal the abundant and diverse natural resources found within City parks and surrounding residences and businesses. Besides the obvious amenities available to a city on the coastline of the Puget Sound, another abundant natural wonder in Edmonds is its trees. Interspersed amongst the buildings and roads, trees provide the City with the shade, fresh air, and softened landscape that help people achieve the unique experience referred to as; "an Edmonds kind of day." All of the trees in Edmonds make up the City's urban forest tree resource. Without active management, this urban forest is at risk. What What Do We Do We Have? Want? How How Do q Are We We Get Doing? There? a Scope & Purpose Z Packet Pg. 63 7.A.c In December 2016, the City adopted a Comprehensive Plan that formally recognized that the community places a high value on the conservation of the urban forest. This Urban Forest Management Plan (UFMP) is intended to be an element that aligns in support of the Comprehensive Plan. In particular, this UFMP aligns with the intentions of, "providing a framework for moving the Edmonds community toward a sustainable future that integrates and responds to environmental, economic, and social needs in a way which meets the needs of the present without compromising the ability of future generations to meet their own needs" (Comp Plan, 2016). Thefollowing principlesfor urban forest management set the framework for the UFMP: • Optimize the ecosystem services provided by trees. • Control tree maintenance costs to the community. • Create pathways to stable and predictable funding. • Mitigate risks and liabilities associated with trees. The structure and organization of the UFMP are based on the understanding of what we have, what we want, how we get there, and how we are doing. This structure, referred to as adaptive management, is commonly used for resource planning and management (Miller, R.W.,1988) and provides a good conceptual framework for managing community forest resources. The plan development process involved a comprehensive review and assessment of the existing community tree resource, including composition, value, and environmental benefits. The process explored community values, existing regulations, and policies related to community trees. In addition, there were multiple stakeholders, internal and external, who played a role in the planning, design, care, and advocacy around the community forest. These stakeholders include the general public, City departments, the Citizens' Tree Board, and Snohomish Public Utility District (PUD). Each of these stakeholders contributed to the development of this Plan. What Do We Have? Edmonds was founded along the coast of the Puget Sound in 1890. Similar to the rest of the region, Edmonds had forestlands that were logged and waters that were fished. As Edmonds has grown in population, the forest has been urbanized and divided for parks, homes, and businesses. Recognizing the role of trees in the community and the necessity to manage them, the City drafted a Streetscape Plan in 2002 that included tree planting guidelines as part of the general aesthetic goals for the community. Revised in 2006 and again in 2015, elements of this Plan introduced tree care policy that has since been the source for many of the City's tree management decisions. In terms of regulations, the care for the urban forest is generally understood to be required by the Growth Table 1: Benchmark Values (2017) The City Acres 6,095 Population 41,8 Land Cower Tree Ca nopyr 30% brass & Vegetation 27% 1 m pervio us Su Ffaces 34% Bare Soils 2% Open Water 7% Tree Canopy CDyer Maximum Potential Canopy S 7% Investment Tree Care Pigr Capita 714 .3 Scope & Purpose Packet Pg. 64 7.A.c Management Act of 1990. Guidance is provided by the City's Comprehensive Plan (2016), the Parks, Recreation and Open Space Plan (2016), and the Streetscape Plan (2015). These primary documents define the reach of existing regulations and policies within which care for the urban forest is mandated: • Comprehensive Plan (2016) - Environmental Quality Goal A - "...Protect environmental quality within the Edmonds community through the enforcement of community -based environmental regulations." • Parks, Recreation and Open Space Plan (2016) - Natural Resource and Habitat Conservation Goal 4 — "Preserve and provide access to natural resource lands for habitat conservation, recreation, and environmental education." • Objective 4.5 - Expand the urban forest and increase tree canopy in Edmonds. • Action Plan 4.G - Steward the urban forest using appropriate maintenance of street and park trees, clear removal and replacement policies and providing information about urban forestry to property owners. • Streestcape Plan (Revised 2015) - Celebrate Sustainable Practices. In redesigning the corridor, it is critical that the new interventions improve the street's performance. This includes enhancing the street environment and gateways for pedestrian benefits through an Urban Forestry program in the Downtown/Waterfront area. The urban forest is a combination of both public and private trees. Any trees that the City has direct control of and responsibility for are defined as the community tree resource. This includes public trees in parks, along rights -of -way, and around City facilities. Managing any resource begins with defining what is being managed and establishing benchmarks along with clearly defined goals and expectations. While public trees along major arterials and high - profile areas are well-known and routinely cared for by City staff, other public street trees are expected to be maintained by the adjacent property owner. Aside from individual development applications, the City does not have a method to take an inventory or track the history, status, or location of public trees. In addition, providing adequate care for trees requires a level of knowledge and a skill set that many property owners do not have. The planning process for this UFMP included an assessment of tree canopy. The results of the study provide a clear picture of the extent and distribution of tree canopy across Edmonds, benchmarking the average tree canopy cover at 30.3%. Analysis of historical change estimates that the City has lost 114 acres of its tree canopy since 2005. In 2005, there was an average tree canopy cover of 32.3%. The primary challenges and opportunities for urban forest management are: • Private owners control the majority of tree canopy (83.0%) with few regulations to limit tree removal, except when the trees are associated with development or are within an environmentally critical area. • There is limited knowledge about the condition of trees in the urban forest. • There is an estimated 1,651 acres is theoretically available for planting to expand the urban forest canopy'. The views of scenic places are fundamental to Edmonds' identity as a community and require balanced consideration with the care of the urban forest. Scenic views are highly valued in long- established development. At the same time, appreciation of trees —especially "the right trees in the right place" —is a value shared by most residents. 1 This estimate is partly based on an analysis of low-lying vegetation areas. a Executive Summary 4 Packet Pg. 65 Land Cover 7.A.c Water 7% Bare Soils 2% Grass/Vegetation 27% Figure 1: Land Cover City Limits Tree Canopy Grass/Low-Lying Vegetation Impervious Surfaces Bare Soil Open Water 0 0.25 0.5 Miles Figure 1: Land Cover Jr Executive Summary Packet Pg. 66 7.A.c What Do We Want? The plan development process included substantial outreach to public stakeholders, residents, and non-profit agencies. The process provided a broad perspective of the challenges that face Edmonds' urban forest. Through open house forums and public meetings, the City has found an engaged set of residents with varying opinions on matters pertaining to the care of the urban forest. City Staff were also consulted during plan development, with City code and public safety being the main considerations when making tree care decisions. City Staff will often take a reactive approach to tree management by performing work on trees as problems are discovered, but they also look for opportunities to plant trees in strategic public places. Open house forums and public meetings provided perspective on community interests and concerns about the urban forest. In general, stakeholders from both the community and City Staff share the following desired outcomes for the UFMP: • Preservation and Enhancement of Tree Canopy • Sustainability, Health, and Safety of the Community Tree Resource • Preservation and Enrichment of Wildlife and Habitat • Increased Outreach and Education • Increased Collaboration with Volunteers and Non-profit Groups • Strategies and Policies to Minimize Potential Tree Conflicts Executive Summary 6 Packet Pg. 67 7.A.c How Do We Get There? The long-range strategic goals provided in this Plan are proposed to address the three components of a sustainable urban forestry program through specific actions: • Urban Forest Asset Actions - which are intended to improve the urban forest resource over the next 20 years by developing detailed expectations for the urban forest. • Municipal Resource Actions - which are intended to drive improvements in City policy and practices by developing efficiency and alignment of efforts within City departments. • Community Resource Actions - which are intended to build stronger community engagement and public participation in urban forest stewardship. Goal 1- Maintain citywide canopy coverage How Are We Doing? The UFMP presents opportunities to care for the urban forest in Edmonds by providing an overarching framework for urban forestry operations, policies, and programs. It presents a high-level review of urban forest management in the City, including historical context and an exploration of the benefits of Edmonds' trees. Building upon that information, the Plan connects the community's vision for the urban forest with appropriate goals and actions. This Plan provides various goals to pursue along a 20-year timeline concluding in 2038. These short and long-term goals will be achieved by adapting the Plan according to a five-year cyclical review of operational objectives. The success of the UFMP will be measured through the realization of goals and will be demonstrated through the health of the urban forest and increased environmental benefits. Ultimately, it will lead to an enhancement of tree canopy throughout the City. Furthermore, the greatest measurement of success for the UFMP will be how successful it is in meeting community expectations for the care and preservation of the community tree resource. Goal 2 - Manage public trees pro -actively Goal 3 - Incentivize protecting & planting trees on private p Goal 4 - Provide resources to the community to educate/inform on tree planting and care Youth volunteers helping with tree resource management. 7 Executive Summary Packet Pg. 68 7.A.c Introduction Trees play an essential role in the community of Edmonds, providing numerous tangible and intangible benefits to residents, visitors, neighboring communities, businesses, and wildlife. Research demonstrates that healthy urban trees can improve the local environment and lessen the impact resulting from urbanization and industry (U.S. Forest Service, Pacific Southwest Division, 2017). Trees can improve air quality, reduce energy consumption, help manage stormwater, reduce erosion, provide critical habitat for wildlife, and promote a connection with nature. In addition to these direct improvements, healthy urban trees increase the overall attractiveness of a community. In Portland, Oregon, street trees were found to add an average of $8,870 to homes' sales price as well as reduce time on the market for home sales by 1.7 days (Donovan et al., 2010). Studies on the business benefits of trees have shown how retail districts promote longer and more frequent shopping and greater sales (Wolf, 2007). Urban trees support a more livable community, fostering psychological health and providing residents with a greatersense of place (Kuo, 2003). Communitytrees, both public and private, soften the urban hardscape by providing a green sanctuary and making the City of Edmonds a more enjoyable place to live, work, and play. The City has emphasized the importance of trees within the Comprehensive Plan (2016), so much so that public trees are defined as a valued community resource, a critical component of the urban infrastructure, and a part of the City's identity. Edmonds' trees are a valued community resource Community Early settlements were built in the City to access natural resources, where shingle mills became the primary industry. Although construction of the Great Northern Railway along the waterfront was expected to be the main source of growth in the City, most growth occurred due to its proximity to Seattle. Passenger ferry service has also helped the town grow and prosper. Edmonds' population, from 2017 State estimates, is 41,260 people and covers a land area of 8.9 square miles. It is the third largest city in the county after Everett and Marysville. By 2035, the population is expected to be 45,550. The urban forest in this community is defined by its public and privately managed trees. Through parks and public rights -of -way, the City maintains a diverse population of trees intended for city streetscapes (typically nursery grown hardwoods), as well as native trees (naturally regenerating conifers and deciduous trees). Privately managed trees may be remnant forest trees connected with early logging history, naturally growing native trees and even invasive hardwoods. Community Vision for the UFMP Edmonds' Comprehensive Plan provides a vision of the City as an attractive, sustainable community for all ages. It specifically recognizes the value of trees as contributing to that vision and directs that an urban forest management plan be used as a guide for decisions on managing the forest resource, especially focusing on public land and rights -of -way. For private lands, the UFMP would guide education and incentives to encourage good tree management practices. a Introduction 8 Packet Pg. 69 7.A.c Benefits and Challenges of the Urban Forest Urban and natural forests work constantly to mitigate the effects of urbanization and development, which protects and enhances lives within the community. In general, there are five (5) important ways in which trees provide benefits: Water Quality, Carbon Sequestration, Energy Savings, Air Quality, and Socioeconomic benefits. Water Quality Urban stormwater runoff is a major source of contamination for the Puget Sound and riparian areas throughout Edmonds, threatening both human health and wildlife, including salmon populations. Requirements for surface water management are becoming more stringent and costly for both developers and the City. By incorporating the right mix of urban trees into stormwater management planning, runoff volumes, peak stream flows and flooding incidents may all be reduced; a strategy that may lessen the need for constructing stormwater management facilities and the cost of treatment to remove sediment and other pollutants. Typical overview of waterfront homes in Edmonds. 9 Introduction Trees improve and protect water quality by: • Intercepting Rainfall —Trees intercept rainfall in their canopy, which act as a mini -reservoir. Some water evaporates from the canopy and some slowly soaks into the ground, reducing the total amount of runoff (Xiao, et al., 2000). Canopy interception also lessens soil compaction, which in turn further reduces runoff. • Increasing soil capacity and infiltration — Root growth and decomposition increase the capacity and rate of soil infiltration by rainfall and snowmelt resulting in slower percolation rates and increasing the filtration of contaminants (Xiao, et al., 2007). • Reducing soil erosion — Tree roots reduce the flow and volume of stormwater runoff, avoiding erosion and preventing sediments and other pollutants from entering streams, rivers, Lake Washington, and the Puget Sound (WA Department of Ecology, 2011). • Providing salmon habitat — Shade from trees helps to cool warm urban runoff, which poses a threat to anadromous fish, like salmon. Shade from trees provides lakeside and riparian habitat for salmon and cools water temperatures, increasing dissolved oxygen, which is essential to salmon survival (Puget Sound Partnership, 2012). Packet Pg. 70 7.A.c Carbon Sequestration As environmental awareness continues to increase, governments are paying particular attention to global warming and the effects of greenhouse gas (GHG) emissions. As energy from the sun (sunlight) strikes the Earth's surface it is reflected back into space as infrared radiation (heat). Greenhouse gases absorb some of this infrared radiation and trap this heat in the atmosphere, increasing the temperature of the Earth's surface. Many chemical compounds in the Earth's atmosphere act as GHGs, including methane (CH), nitrous oxide (N2O), carbon dioxide (CO), water vapor, and human -made gases/aerosols. As GHGs increase, the amount of energy radiated back into space is reduced, and more heat is trapped in the atmosphere. An increase in the average temperature of the earth is resulting in changes in weather, sea levels, and land -use patterns, commonly referred to as "climate change." In the last 150 years, since large-scale industrialization began, the levels of some GHGs, including CO2, have increased by 25% (U.S. Energy Information Administration). Trees absorb atmospheric carbon, which reduces greenhouse gases. The carbon -related function of trees is measured in two ways: storage (total stored in tree biomass) and sequestration (the absorption rate per year) (Jo, et al., 1995). Urban trees reduce atmospheric carbon dioxide (CO2) in two ways: • Directly —Through growth and the sequestration of CO2 as wood and foliar biomass. • Indirectly — By lowering the demand for air conditioning, thereby reducing the emissions associated with electric power generation and natural gas consumption. Stormwater runoff from streets needs to be controlled. Trees will slow and intercept stormwater, reducing the burden on stormwater infrastructure. Energy Savings Electric and gas utilities develop energy conservation solutions to keep rates low for their customers, reduce their need to build new lines, and, ultimately, to be good environmental stewards. Energy services delivered to Edmonds residents are provided by Snohomish County Public Utility District (SNOPUD). This organization recognizes how trees can reduce energy consumption and encourages Edmonds residents to consider trees as a cooperative strategy for improving energy conservation (SNOPUD, 2017). Urban trees and forests modify the environment and conserve energy in three principal ways: • Shade dwellings and impervious surfaces — Impervious surfaces in 2011 were assessed as 34% of the total land base (Edmonds, 2017). Shade from trees reduces the amount of radiant energy absorbed and stored by these impervious surfaces, thereby reducing the urban heat island effect, a term that describes the increase in urban temperatures in relation to surrounding locations (Simpson & McPherson, 2000). Shade from trees also reduces the amount of energy used to cool a structure (Simpson, 2002). • Transpiration —Transpiration releases water vapor from tree canopies, which cools the surrounding area. Through shade and transpiration, trees and vegetation within an urban setting modify the environment and reduce heat island effects. Temperature differences of more than 97 (5°C) have been observed between city centers without canopy cover and more forested suburban areas (Akbari, et al., 1997). • Wind reduction — Trees can reduce wind speeds by up to 50% and influence the movement of air and pollutants along streets and out of urban canyons. By reducing air movement into buildings and against conductive surfaces (e.g., glass, metal siding), trees can reduce conductive heat loss. Introduction 10 Packet Pg. 71 a 7.A.c Air Quality Urban trees improve air quality in five fundamental ways: • Reducing particulate matter (e.g., dust and smoke) • Absorbing gaseous pollutants • Shade and transpiration • Reducing power plant emissions • Increasing oxygen levels They protect and improve air quality by intercepting particulate matter (PM10), including dust, ash, pollen, and smoke. The particulates are filtered and held in the tree canopy where they are eventually washed harmlessly to the ground. Trees and forests absorb harmful gaseous pollutants like ozone (0), nitrogen dioxide (NO), and sulfur dioxide (SO). Shade and transpiration reduces the formation of 03, which is created during higher temperatures. Scientists are now finding that some trees may absorb more volatile organic compounds (VOC's) than previously thought (Karl, T. et al 2010; Science NOW, 2010). VOC's are a class of carbon -based particles emitted from automobile exhaust, lawnmowers, and other human activities. By reducing energy needs, trees also reduce emissions from the generation of power. And, through photosynthesis, trees and forests increase oxygen levels. The needles of these douglas fir trees help improve air quality. Aesthetic, Habitat, Socioeconomic, and Health Benefits While perhaps the most difficult to quantify, the aesthetic and socioeconomic benefits from trees may be among their greatest contributions, including: • Beautification, comfort, and aesthetics • Shade and privacy • Wildlife habitat • Opportunities for recreation • Reduction in violent crime • Creation of a sense of place and history • Reduced illness and reliance on medication and quicker recovery from injury or illness Some of these benefits are captured as a percentage of property values, through higher sales prices where individual trees and forests are located. In addition, trees and forests have positive economic benefits for retailers. There is evidence that trees promote better business by stimulating more frequent and extended shopping and a willingness to pay more for goods and parking (Wolf, 2007). Trees and forestlands provide important habitat (foraging, nesting, spawning, etc.) for mammals, birds, and fish and other aquatic species, along with limitless opportunities for recreation, offering a healthful respite from the pressures of work and everyday stress. 11 Introduction Packet Pg. 72 7.A.c Tree Selection related to Location and Other Factors Selecting tree species that are appropriate for the expected functions, maintenance requirements, and locations in which they are planted is important. Generally, native trees should be considered for planting or replacement whenever practical. Along City streets, relatively compact trees that add color and interest, without tending to upheave pavement, are typically desirable. An example is the Bowhall maple, which has been used in numerous street -side locations in Edmonds. When street trees are planted on the same side of the street as SnoPUD overhead power lines, additional caution is needed in selecting appropriate species. These poles also usually carry major communication lines. Such facilities are often located at the very edge of the City's rights -of -way or in planter strips between the sidewalk and the curb. Trees should be selected that do not result in the need for frequent topping or heavy pruning to keep them underneath the communication space on PUD poles, which can be as low as 15 feet above ground level. In large spaces, native coniferous trees may be very appropriate. Some of these species (such as Douglas fir) can grow very tall (up to 200 feet) and wide (30 feet). They are well -suited to the Pacific Northwest climate and have needles year-round. Also, various types of deciduous trees, including maple and oak, may be appropriate in large spaces. In view areas and in many relatively small spaces, lower -growing or less -spreading trees may be a good choice. For example, vine maples have colorful leaves in autumn and at mature height are generally no more than 15 feet tall. However, the branches of this species can spread wide, up to 20 feet. Other species, even fruit trees and small specimen trees, may fit well in settings where tree height or width needs to be limited. In critical areas where wildlife habitat exists, native trees should generally be chosen for planting. Depending on the type of habitat and space availability, such trees could include Western red cedar, Douglas fir, alder, and dogwood. A mix of large and small trees in a park. Introduction 12 Packet Pg. 73 Right tree, right place 7.A.c Factors to consider when selecting a tree to plant. Planting a tree is something that provide a sense of accomplishment and something to admire for decades. However, it is not a decision that should be made without careful consideration. When considering what tree to plant and where to plant it, one should remember the widely used phrase "Right Tree, Right Place." Choosing the right tree depends on many factors including soil type, climate, and the amount of space the tree will have both underground and overhead. It is important to choose a tree that does not require more space in the future than a site can provide. To avoid any conflicts with overhead obstructions (e.g., power lines, utility poles, buildings) or underground obstructions (e.g., pipes, building foundations), consider the tree's height, root growth, and shape at maturity. While above -ground growth is a little easier to envision, a tree needs plenty of room to grow underground too; tree roots can extend up to two to three times the width of the crown (the leaves and branches of the tree). Apart from the physical space available for a tree to grow, one may consider whether the property is in a view shed and how the tree at maturity will impact the views. Trees in streetscapes can grow into conflict with sidewalks. 1. The tree's purpose will impact the suitability of different tree species, whether used for shade, aesthetic beauty, wind protection, screening, or other purposes. 2. Size and location of the tree, including available space for roots and branches, affects the decision on which species to plant. 3. Crown form or shape varies among species, including round, oval, columnar, V-shaped, or pyramidal shapes. Consider how the shape of the tree works in the space available. Note on Native Trees: Edmonds was once covered in forests of old growth Douglas fir, western red cedar, and western hemlock. While these trees were once the right tree in the right place, they often may not be appropriate for urban environments. In natural conditions, a Douglas fir can grow to more than 200 feet in height with a diameter of five to eight feet. While the City's parks and the larger zoned properties (12,000 — 20,000 square foot minimum lot size) primarily located in north Edmonds may provide sufficient growing space for these large native species, they may not be appropriate landscape trees within the Edmonds "bowl area" with its more dense development and view concerns. Tree roots lifting a sidewalk. 13 Introduction Packet Pg. 74 7.A.c Trees and Views To some people, trees are the view and to others, trees block the view. The City of Edmonds is blessed with magnificent views of Puget Sound and the Olympic Mountain range. These views add to the quality of life here, as well as to property values. When views become obstructed, enjoyment of one's property as well as property values may be impacted. The City's Comprehensive Plan has many policies recognizing the protection of public views (views from parks or view corridors down streets and at street ends), but does not specifically address private view protection. Not all areas of Edmonds have views of Puget Sound and the Olympics. While a view shed study of the City of Edmonds has not been completed, the primary view areas are located in the Bowl and the properties on the west facing slopes of north Edmonds. When considering planting trees in these view areas, lower growing trees will help preserve the views of neighboring properties. Topping of trees for views is often the first consideration of landowners. However, topping is not generally recognized as good arboricultural practice. A topped tree requires periodic maintenance to maintain its reduced size. That can become expensive in the long-term. Also, conifers will often form a An example of skirting -up; the lower limbs on this tree have been removed to provide drivers with a clearer view. weakened top as the side branches all try to grow up. In addition, the cut top often becomes an entry site for decay organisms that weaken the tree and increase the danger of a top breaking in high winds. For broad-leaved trees such as maple, madrone or oaks, severe topping is even more damaging. It can seriously harm the tree's health and cause various safety hazards. While views are important, otherfactors such as critical areas must also betaken into consideration. The north Edmonds view shed is associated with significant slopes (potential landslide hazards are slopes 40% and greater) as well as a historic landslide area that has specific regulations that apply to development in that area (Chapter 19.10 ECDC — Earth Subsidence and Landslide Hazard Areas) in addition to critical area regulations. The mechanical and hydrogeological benefits which trees and other vegetation provide to maintain slope stability and reduce erosion are well documented. Tree maintenance activities that maintain the health of existing trees will also help maintain slope stability. A landowner should explore alternative options to tree removal or topping. Below is a list of several trimming practices derived from Vegetation Management: AGuideforPuget Sound Bluff Property Owners (Ecology Public 93-31) which can be used in combination to create views without compromising tree health or slope stability. View -enhancing Pruning Alternatives for Conifers 1. Windowing 2. Interlimbing 3. Skirting -up Note: In any pruning practice or combination, 60% or more of the original crown should be retained to maintain tree health and vigor. The removal of too much live foliage can reduce the tree's ability to supply food to the roots, thereby weakening them. Windowing. This pruning practice allows a view "window" through the existing foliage of the tree's canopy. In pruning major limbs and Introductior 14 Packet Pg. 75 c 0 as o: as 0 U as as c IL c a� 0 c N L 0 U_ c E L N c 0 E w M c m E M a r c m E M a 7.A.c branch whorls, sections that obscure a view are removed. Many people find that this technique creates an aesthetically pleasing effect. • Interlimbing. The removal of entire branch whorls or individual branches throughout the canopy allows more light to pass through, as well as reducing wind resistance of the tree. This practice can be used in conjunction with windowing to improve views. • Skirting -up. Limbing the tree up from the bottom allows a clear line of sight. Instead of an obscuring mass of foliage, the tree trunk is the only object between you and the view. This technique is useful when the tree in question is located high on the bluff face or upon the tableland. Relatively more branches can be removed with this technique because the lower branches contribute less nutrients to the tree than higher branches. Pruning Broad-leaved Trees Pruning and trimming of broad-leaved trees is usually more complicated, especially for trees grown in the wild. Generally, short-lived species such as alder, willow and Bitter cherry are not worth pruning, while trees like madrona, white oak, bigleaf maple, and vine maple will warrant the expense. Crown reduction is one of the most common methods that arborists use to control the size of the tree and keep its shape perfect. This method involves reducing the foliage of the tree while still preserving the general structure of the crown; doing this successfully trims the overall shape of the tree and controls its size. In a general sense, limbs that are located on the uppermost portion of the tree canopy are cut shorter in order to decrease the tree's height. However, they are only removed to the next lateral growth to be able to ensure that they heal faster and grow again properly. It is highly recommended that only 20% or less of the tree's canopy should be cut at once in order to avoid the tree from suffering. Properties owners should consult a certified arborist prior to undertaking any tree maintenance activity. Challenges Developing and caring for a healthy urban forest requires the coordination of many different stakeholders, with a clear vision, and dedicated resources. As such, the urban forest intersects with many other elements of the city. This can result in conflict or challenges including: • Conflicts with Buildings and Infrastructure - Roots and branches of trees can damage nearby sidewalks, utility lines, and buildings. • Hazard Trees - Trees can create hazards to the community. Storm events, accidents, improper maintenance, and the natural death of trees can all create structural weaknesses for trees and the surrounding area. • View Issues - Edmonds is known for the majestic views of the Puget Sound. It is possible for trees to block these views if they grow too large or were planted in improper locations. • Maintenance - Trees are living infrastructure. As such, they require active and regular maintenance. Structural pruning, irrigation, and the management of pests and diseases are some critical maintenance practices that must occur to ensure a healthy and vibrant urban forest. • Choice of Tree Species - Different tree species have different needs, growth patterns, and resistances to pests and diseases. A diverse palette of species improves the resilience of the urban forest. A tree with multiple stems may become a hazard without 15 Introduction proper care. Packet Pg. 76 7.A.c What Do We Have? To effectively manage the urban forest, it's essential to have knowledge and understanding of what exists today. This section lays the groundwork for the UFMP with historical context, current policies and practices and understanding about the existing state of the urban forest. History of Urban Forestry in Edmonds Trees have been an important part of the City's character and economy since its founding. However, to understand and manage the urban forest has depended upon which trees are beingconsidered and where the trees were located. This is evident from the various locations where trees are referenced in the City code as well as the variety of departments whose staff oversee tree related matters. Edmonds had been designated by the National Arbor Day Foundation as a Tree City USA since 2011, but has had city staff in different departments managing tree issues within the City for decades. Recognizing the role of trees in the community and the necessity to manage them, the City drafted a Streetscape plan in 2002 that included tree planting guidelines as part of the general aesthetic goals of the community. Revised again in 2006 and 2015, elements of this plan introduced tree care policy which has been the source for much of the City's tree management decisions ever since. In 2010, the City formed the Edmonds Citizens' Tree Board to assist in the development of tree ordinances and to encourage the planting and maintaining of trees. This is an early example of the City taking steps towards management of tree resources as an integrated ecosystem of both public and private trees. In 2015, one of the efforts of this board was a proposal to the City for updated tree - related municipal ordinances. These proposed tree codes, through a public comment period, were rejected in part due to public concerns about private property rights, but also because the City felt that it had insufficient tree policy direction to warrant the recommended codes. From these related events, it's clear that the community has assumed an increasing level of care for the urban forest that would benefit from long- term strategic planning. Increasing regulations from the State and Federal Government for environmental stewardship requirements have also played a significant role in defining the level of care for the urban forest that exist in Edmonds today. Of special note are three policy sources that directly influence the management of urban forestry and land use in Edmonds; The Washington State Growth Management Act (1990), the Edmonds Comprehensive Plan (2016), and the Edmonds Parks Recreation and Open Space (PROS) Plan (2016) (The PROS Plan is also an element of the Comprehensive Plan.) Their backgrounds, roles, and influences on the development and operation of Edmonds urban forest are discussed below. Big trees were common in Edmonds before its settlement. r a Introduction 16 Packet Pg. 77 7.A.c Growth Management Act (1990) In 1990, the State Legislature adopted the Washington State Growth Management Act (Chapter 36.70A RCW) on the basis that uncoordinated and unplanned growth posed a threat to the environment, sustainable economic development and the overall quality of life in Washington. Unique among states, the Act requires that municipalities prepare their own comprehensive plans that provide for growth and development in a manner that is locally and regionally consistent, achievable, and affordable. All cities and counties in Washington are required to adopt critical areas regulations by the Growth Management Act (GMA). The GMA defines critical areas as: "Critical areas" include the following areas and ecosystems: a. Wetlands; b. Areas with a critical recharging effect on aquifers used for potable water; c. Fish and wildlife habitat conservation areas; d. Frequently flooded areas; and e. Geologically hazardous areas. The state of Washington requires the City of Edmonds to manage and protect it's critical areas. cif Common ground vegetation in wetland areas Cities are required to include the best available science in developing policies and regulations to protect the functions and values of critical areas. Further to that end, jurisdictions must review, evaluate, and, if necessary, revise their critical areas ordinances per an update schedule. Edmonds has an outstanding inventory of critical areas and protection of these critical areas overlaps with the protection of the urban forest. The trees in the urban forest increase soil security to protect wetlands, waterways and flooded areas, and the branches and canopy provide ample real estate for wildlife to call home. It is important that the City plan for all the trees in the urban forest as a whole, not just critical areas. This notion is reinforced in Washington Administrative Code (365-190-060(1)) which specifies when classifying forest land resources that "Cities are encouraged to coordinate their forest resource lands designations with their county and any adjacent jurisdictions. Counties and cities should not review forest resource lands designations solely on a parcel -by -parcel basis." Edmonds has established environmental qualitygoals in support of the legislation and in order to protect critical areas. Since the critical areas regulations must be consistent with the Comprehensive Plan, the Comprehensive Plan sets forth the underlying policies for the jurisdiction's critical areas program. Trees help protect the function and benefits from critical areas. 17 what Do we Have? Packet Pg. 78 7.A.c The Comprehensive Plan (2016) As an overarching guiding document, the Comprehensive Plan aggregates other city visions and plans into one cohesive document. The Comprehensive Plan is structured by element, then goals, then policies. The Comprehensive Plan contains 9 elements. These elements include goals and policies that can be directly supported through this UFMP. These are the community sustainability elements of the plan and include goals and policies associated with: • Sustainability • Climate Change Goals and Policies, including support for the Kyoto Protocol and the US Mayor's Climate Change Agreement • Community Health • Environmental Quality The urban forest is a key component of the community sustainability element. Goal A in this element seeks to protect environmental quality and sets the first policy (A.1) as to: Ensure that the city's natural vegetation, especially native vegetation, associated with its urban forests, wetlands, and other wildlife habitat areas are protected and enhanced..." A.2 sets to protect and retain the urban forest, native vegetation, and wildlife habitat areas. This includes techniques such as tree retention, which should be integrated into land use and development codes. As the urban forest grows, so too does the habitat and environmental quality. The community culture and urban design element's implementation involves tree policy as well. In this element, the streetscape section defines the many ways that trees enhance the community: "Trees are an asset to the community. They help absorb stormwater, provide habitat for wildlife, clean pollution from the air, and give both summer shade and aesthetic pleasure." In this way, the Comprehensive Plan addresses the policy commitment to Community Health, through the preservation and expansion of the urban forest. Street trees are further explored in the Streetscape Plan developed in 2002 by the Parks, Recreation, and Cultural Services Department and updated in 2006. The Streetscape Plan includes a Street Tree Plan for the downtown corridor. In 2011 the City adopted a "Complete Streets" program which accommodates the needs of all users along streets, including a safe space for pedestrians which necessitates a tree management component. This section concludes with Actions A.1 and A.2, which state that Edmonds should update the Street Tree Plan and develop an Urban Forest Management Plan by the end of 2017. The community sustainability element also includes two other sections that are interconnected with the urban forest; Climate Change and Critical Areas. Recognizing the importance of addressing the issues surrounding the environment and climate change, the City of Edmonds formally expressed support for the Kyoto Protocols, adopted the U.S. Mayors Climate Protection Agreement by Resolution No. 1129, and joined the International Council for Local Environmental Initiatives (ICLEI) by Resolution No. 1130. A crucial component of these climate change policies is the reduction of greenhouse gases with several benchmarks: 1. By 2020, reduce overall emissions of green -house gases in the state to 1990 levels; 2. By 2035, reduce overall emissions of greenhouse gases in the state to twenty-five percent below 1990 levels; 3. By 2050, the state will do its part to reach global climate stabilization levels by reducing overall emissions to fifty percent below 1990 levels, or seventy percent below the state's expected emissions that year. The Edmonds urban forest is vital to the success of meeting these benchmarks. Trees reduce carbon through many ways including; reducing energy demand forshaded buildings, acquiringcarbon dioxide for the photosynthesis, and sequestering carbon. The potential for carbon sequestration is determined by maximum tree sizes, lifespans, growth rates, and tolerances to urban stress. Therefore, growing long- lasting and healthy trees directly contributes to the success of Edmonds Comprehensive Plan climate change goals. a What Do We Have? 18 Packet Pg. 79 7.A.c The PROS Plan (2016) The Parks, Recreation and Open Space (PROS) Plan provides comprehensive guidance on the management and development of Edmonds' parks, recreation and open spaces, and the services provided by the Parks, Recreation and Cultural Services Department. The PROS plan has been regularly updated (1996, 2001, 2008, and 2014) to remain relevant to Edmonds as the city evolves. Edmonds updates the PROS Plan and Community Cultural Plan on a six -year cycle, in alignmentwith the requirements of the Washington State Recreation and Conservation Office (RCO) to maintain eligibility for federal and state grant programs. To this end, the PROS plan contains detailed data on numerous species and habitats in the city. The PROS Plan is also an important tool in meeting Washington's Growth Management Act (GMA) requirements and achieving the important citywide goals outlined in the Strategic Action Plan (April 2015). The PROS Plan defines seven goals, of which Goal 4.0 specifically addresses urban forestry. Goal 4.0 (Natural Resource and Habitat Conservation) seeks to preserve and provide access to natural resources for habitat conservation, recreation, and environmental education. The eight objectives discuss preserving and protecting areas with critical habitats and natural resources. Of special importance to the UFMP is Objective 4.5, which states "Expand the urban forest and increase tree canopy in Edmonds". Under each goal, the PROS Plan recommends projects and initiatives. A recommended project (4.G) under Goal 4 is: "Steward the urban forest using appropriate maintenance of street and park trees, clear removal and replacement policies and providing information about urban forestry to property owners." This demonstrates the value of the urban forest to the people of Edmonds as manifested through existing official documents addressing the urban forest and urban tree canopy. 19 what Do we Have? Purchasing of Forested Properties The City's policies with regard to the acquisition of open space (including the potential purchase of forested properties) are contained with the Parks, Recreation and Open Space (PROS) Plan. Land acquisition is included in the capital project budget and the PROS plan notes that "expansions of the parks system will target the gaps identified in this plan and take advantage of opportunities as they emerge. Due to the constrained nature of Edmonds, this approach will require vigilance and proactive pursuit of potential land acquisition opportunities for both parks and open spaces. The City's inclusion of this item in the capital projects list recognizes the importance of swift action when rare property acquisition opportunities become available." A specific policy addressing the purchase of forested properties could be considered for adding to the PROS plan to recognize the potential of maintaining the City's tree cover through the selective purchase of forest properties as opportunities arise. Forested properties can be valuable acquisitions to maintain City's tree cover. Packet Pg. 80 7.A.c Summary Considerations for Planning These documents demonstrate the existing regulations and policies within which care for the urban forest is mandated. It is clear from the scope defined within these documents that the values of the Edmonds community, and Washington State at large, require that urban forest management include strategies to improve the care and conservation of all trees. This includes updating the Street Tree Plan, consideration for improving and preserving trees near waterways, critical areas, habitats, and on private parcels. Equipped with this policy background and mandate to manage the urban forest, it's essential to plan with as much knowledge about the community tree resource as possible. The PROS plan (2016) has specific goals for the City to steward the urban forest. Community Tree Resource Trees belonging to the public, in parks, along rights -of - way and around City facilities are the community tree resource. These trees can be the most actively managed population by the City and provide the best indicators to showcase its vision of a well -managed and sustainable urban forest condition. A well -managed urban forest is healthier and more resilient to pests, disease, and climate fluctuations. As a result, a well -managed urban forest is also more cost-efficient. As urban forests evolve over time, managers revise their strategies for individual tree species based on past performance and emerging prospects. Because trees are relatively long-lived organisms, urban forests, like those in Edmonds, are often a combination of well -adapted, high-performance species mixed with some species that may be less desirable and require more attention. There is a widely accepted guiding rule in tree resource management that no single species should represent greater than 10% of the total population, and no single genus more than 20% (Clark et al, 1997). Achieving a diverse population of trees can help to minimize detrimental consequences in the event of storms, drought, disease, pests, or other stressors that can severely affect an urban forest and the flow of benefits and costs over time. Catastrophic pathogens, such as Dutch elm disease (Ophiostoma ulmi), emerald ash borer (Agrilus planipennis) are both examples of unexpected, devastating, and costly pests and pathogens that highlight the importance of diversity and the balanced distribution of species and genera. Current operations in the City that care for the community trees do not keep suitable records of their tree resource to summarize within this UFMP. Publictrees along major arterials or high -profile areas of the City are well-known and routinely cared for by City Staff, but as an overall management tool, the City does not maintain data about these trees as a collective inventory of their green infrastructure assets. Managing for appropriate tree species can help control maintenance costs, reduce damage to infrastructure, and manage the need for pest and disease control measures. a What Do We Have? 20 Packet Pg. 81 7.A.c Tree Canopy Cover The amount and distribution of leaf surface area is the driving force behind the urban forest's ability to produce benefits for the community (Clark et al, 1997). As canopy cover increases, so do the benefits. Tree canopy is the layer of leaves, branches, and stems of trees and other woody plants that cover the ground when viewed from above. Understanding the location and extent of tree canopy is critical to developing and implementing sound management strategies that will promote the smart growth and sustainability of Edmonds' urban forest and the invaluable benefits it provides. In addition to understanding the tree canopy as a whole, the quality of the urban tree canopy is often categorized by the amount of fragmentation. Often, the health and diversity of the overall canopy will vastly improve when there is less fragmented canopy, and there are more linkages between multiple patches of forest. These categories of canopy include: • Core Canopy - Tree canopy that exists within and relatively far from the forest/non-forest boundary (i.e., forested areas surrounded by more forested areas). • Perforated Canopy - Tree canopy that defines the boundary between core forests and relatively small clearings (perforations) within the forest landscape. • Patch Canopy - Tree canopy of a small -forested area that is surrounded by non -forested land cover. • Edge Canopy - Tree canopy that defines the boundary between core forests, and large core forests and large non -forested land cover features, approximately 328 feet. When large enough, edge canopy may appear to be unassociated with core forests. The City of Edmonds completed a canopy assessment in June 2017 using a heads -up digitizing approach and high resolution (4.8 inch), leaf -on aerial imagery captured on August 7th, 2015. The overall assessment does not distinguish between publicly -owned and privately -owned trees because trees provide benefits to the community beyond property lines. The results of the study provide a clear picture of the extent and distribution of tree canopy within Edmonds. The data developed during the assessment becomes an important part of the City's GIS database. It also provides a foundation for developing community goals and urban forest policies. With these data, managers can determine: • The location and extent of canopy over time (tracking changes) • The location of available planting space (potential planting area) • The best strategies to increase canopy in underserved areas • The data, combined with existing and emerging urban forestry research and applications, can provide additional guidance in two ways: • Finding a balance between growth and preservation • Identifying and assessing urban forestry opportunities. An example of perforated canopy in a park setting. 21 what Do We Have? Packet Pg. 82 7.A.c Canopy Cover Summary The City of Edmonds encompasses a total area of 9.5 square miles (6,095 acres) with 1,844 acres of tree canopy (Figure 1). This total area includes 8.9 square miles of land and 0.6 square miles of water. By analyzing high -resolution aerial imagery, Davey Resource Group (DRG) determined the following land cover characteristics within the City of Edmonds: • 30.3% existing canopy, including trees and woody shrubs (525 acres) • 1.6% (99 acres) dry vegetation and bare ground • 6.6% (402 acres) open water, where tree canopy is unfeasible • 27.4% (1,670 acres) of grass and low-lying vegetation Ak DTI 17 710 � yri f f � y �• Detail image of canopy cover in portion of the Edmonds "bowl" area. • 34.1% impervious surfaces, including roads, parking lots, and structures (2,080 acres) • From 2005 to 2015 tree canopy decreased from 32.3% to 30.3% • Total potential canopy is 57.4%, considering suitable planting sites (1,651 acres) and the existing canopy (1,844 acres), for a total of 3,495 acres • Private residential properties have most of the canopy (83.0%), followed by public (12.9%), and commercial (4.1%) properties. • Among parks in Edmonds, Southwest County Park has the most canopy cover (117 acres) followed by Yost Memorial Park (44 acres) and Meadowdale Beach Park (26 acres) Q What Do We Have? 22 Packet Pg. 83 Land Cover 7.A.c Water 7% Bare Soils 2% Grass/Vegetation 27% Figure 1: Land Cover City Limits M Tree Canopy Grass/Low-Lying Vegetation 22 Impervious Surfaces Bare Soil Open Water , 0 0.25 0.5 1 Miles 2.3 what Do we Have? Figure 1: Land Cover Packet Pg. 84 7.A.c Canopy Fragmentation As a part of the UTC assessment, Edmonds' existing UTC was analyzed for fragmentation to discover the distribution of canopy (Figure 3). The overall health of the urban ecosystem is highly dependent on the ability of the trees, plants, wildlife, insects, and humans to interact collectively as a whole. Often, the health and diversity of the overall canopy will vastly improve by creating linkages between # multiple patches of forest. O Canopy fragmentation data serves as a valuable } r management tool due to the importance of Edmonds' critical areas and environmental stewardship. The o analysis found that Edmonds' urban forest includes y v the following: • 10.3% (190 acres) of Core Canopy _.lie ! Figure 2: Fragmentation Comparison a * 8.2% (151 acres) of Perforated Canopy • 55.5% (1,023 acres) of Patch Canopy Wildlife corridors (bottom) link habitats and lead to E improving habitat quality while fragmentation (top) c * 26.0% (480 acres) of Edge Canopy leads to isolation and declining habitat quality. Al LL ✓ r: a ff OO Lu T`� � �� � — '�r - bra-. • .4' � t V ILI 441 Detailed image of canopy fragmentation showing canopy categorized as core, perforated, edge and patch forest. What Do We Have? 24 Packet Pg. 85 7.A.c Forest Fragmentation Patrh Forest Core Forest 10% Perforated Forest 8% Edge Forest 26% Figure 3: Forest Fragmentation Ifs �r -;.:: PV;;F' DR ' ?y �DAVTON Si MAIN Si eOLWT ST !., wl . �WDON WAI City Limits N1Mi' ': 4'.1 •- • . Core Forest 2XTHST 1 8T J Edge Forest 7 Patch Forest Zl2t� ST �� Perforated Forest x�n+sT ti a xien+sr 0 0.25 0.5 1 a"Te Miles Figure 3: Forest Fragmentation 25 What Do We Have? JL .- 229TN '� •a "e'11 ST 7CJH ST c 0 fC NN� L7� m 0 U a c m E Q1 R C f3 L 0 U- f3 c 0 W M C d E t c,> a c m t w Q Packet Pg. 86 7.A.c Park Canopy Cover The City of Edmonds includes 47 parks covering 344 acres (5.6% of all land area) (Figure 4). Edmonds' parks have an average tree canopy cover of 44.1%. Within those parks, canopy varied depending on site and size. Edmonds' largest park, Southwest County Park (119 acres), has 117 acres of tree canopy and an average canopy cover of 98.7%. The second-largest, Yost Memorial Park (44 acres) has 41 acres of canopy cover, which represents 93.5% of the land area. The high canopy cover of Yost Memorial Park reflects that it is one of the few areas of native vegetation that remain in Edmonds. The park contains mixed stands of douglas fir (Pseudotsuga menziesii), sitka spruce (Picea sitchensis), western red cedar (Thuja Canopy cover in Yost Park. plicata), red alder (Alnus rugosa), bigleaf maple (Acer macrophyllum) and western hemlock (Tsuga heterophylla), which offer a glimpse into the natural history of the area. Centennial Plaza is the smallest park (less than 0.1 acres) with 0.02 acres of canopy (9.9 % canopy cover). Of the four largest parks (Southwest County, Yost Memorial, Meadowdale Beach, and Pine Ridge), all have high tree canopy potential (greater than 96.7%). However, of these parks, only Pine Ridge Park is not currently near maximum potential canopy. An acceptable strategy is to focus attention on the parks where there is a much larger gap between current canopy cover and potential canopy cover. The 5 biggest parks are listed in Table 7 of this section . a+ a What Do We Have? 26 Packet Pg. 87 7.A.c Tree Canopy By Park Table 2: Tree Canopy of 5 Largest Parks =011 i .. . Southwest Ikunty Park 118.55 117.05 Yost Memorial 44.14 41.28 93.53 97.45 Park ach Padrale ii 54 25.16 98 Southwest - County Park Pine Ridge Park 23.78 21.36 89.83 96.66 Edmonds Marsh 23.37 5.66 24.21 Hutt Park Hummingbird Hill Park Yost Park. Edmonds City Park Edmonds Marsh z 0— Under IS% 15% - 80% 0% - 45% i 45% - 60% _ Over 60% U A 0 D, 5 1 miles Figure 4: Tree Canopy by Park 27 What Do We Have? Meadowdale Beach Park rW Seaview Park Sierra Park Maplewood Park —Pine Ridge Park a Packet Pg. 88 7.A.c Critical Areas The Washington State Growth Management Act (GMA) mandates that all cities and counties in Washington are required to adopt critical areas regulations. The GMA states that critical areas include the following categories and ecosystems: • Wetlands • Areas with a critical recharging effect on aquifers used for potable water • Fish and wildlife habitat conservation areas • Frequently flooded areas; and • Geologically hazardous areas Analysis of critical areas in conjunction with tree canopy can reveal the important relationship that trees provide in the conservation and protection of these environments. Two critical area designations are especially important to urban forest management in Edmonds; fish and wildlife habitat areas and steep slopes (Tables 8 & 9). Fish and wildlife habitat areas include high priority habitats and species that have been identified for conservation and management. DRG analyzed the relationship between forest fragmentation and the following priority habitat and species list categories: • Biodiversity and Corridor Areas (Breeding and Refuge) • Nesting Habitat (great blue heron) • Sensitive Aquatic Habitat (Trout/Salmon) • Sensitive Habitat (bald eagle) • Wetlands Area Biodiversity areas and corridors, identified by the Washington Department of Fish and Wildlife, are areas of habitat that are relatively important to various species of native fish and wildlife. In Edmonds, most of the biodiversity areas and corridors are in core (58.6%) or edge (21.4%) forest. This is congruent with what theory would suggest, because corridors are continuous areas of habitat. Nesting habitat for the great blue heron is comprised of several elements; the nesting colony, year-round and seasonal buffers, foraging habitat, and a pre - nesting congregation area. For a given nesting area, habitats are delineated by a buffer created from the outermost perimeter of great blue heron nests. In addition, there is a larger seasonal buffer to reduce human noise pollution during the breeding months (February - September). Nesting habitat in Edmonds is located primarily in non -forest areas (58%). This value warrants further investigation to determine optimal canopy levels. Table 3: Acres of Sensitive Area by Fragmentation Biodiversity Areas And Corridor 251.82 53.94 27.09 147.67 21.78 Nesting Habitat Area (Great Blue Heron) 2.55 0.03 0.64 0.00 0.40 1.48 Sensitive Aquatic Habitat Area 118. 16.53 51.36 Sensitive Habitat Area 77.83 14.46 9.28 0.18 2.70 51.21 Wetlands Area 80.65 5.48 13.56 0.51 1.76 59.36 r Q What Do We Have' 28 Packet Pg. 89 7.A.c Sensitive aquatic habitat is determined by in -stream physical characteristics (e.g., temperature, water quantity, structure, substrate conditions, etc.). However, sensitive aquatic habitat is also strongly influenced by watershed processes beyond the waterline. This includes canopy cover, riparian condition, large woody debris, impervious surfaces and stormwater discharge, sediment delivery, road location and maintenance, watershed hydrology, and nutrient dynamics (Washington Department of Fish and Wildlife, 2009). In Edmonds, 43.4% of sensitive aquatic habitat is found in non -forest areas. The second largest forest fragmentation category for sensitive aquatic habitat is edge forest (29.9%). Nesting habitat for bald eagles is typically defined by areas of large, mature trees close to large bodies of water and generally buffered from human activity (Department of Fish and Wildlife, 2016). This nesting behavior is reflected in the 11.9% of nesting area located in edge type forests of Edmonds. However, nest trees are often among the largest trees in a forest patch (Department of Fish and Wildlife, 2016). This tree preference is reflected in 18.6% of nesting habitat being found in patch forest. Around wetlands, the Washington Department of Ecology defines vegetated areas adjacent to aquatic resources as buffers that can reduce impacts from adjacent land uses (Washington Department of Ecology, 2011). These buffers also provide some of the terrestrial habitats necessary for wetland - dependent species that require both aquatic and terrestrial habitats. The quality of these buffers could be described by their canopy fragmentation, where 73.6% of wetlands were classified in non -forest areas, and 16.8% were classified in edge forest, with only 2.2% in the core forest. The protection of steep slopes against landslides and erosion is a key benefit of vegetation (Washington Department of Ecology, 2011). Trees provide several benefits to the structural integrity of slopes and the prevention of soil erosion: • Foliage intercepts rainfall, causing absorptive and evaporative losses that reduce rainfall available for infiltration. • Roots extract moisture from the soil which is lost to the atmosphere via transpiration, leading to a lower pore -water pressure. • Roots reinforce the soil, increasing soil shear strength. It is important to understand the significance of steep slopes because of their influences on local wildlife and habitat quality. For example, increased erosion can negatively impact spawning salmon by increasing sediment and particulates in streams and other water bodies. In this way, riparian vegetation that prevents erosion protects critical habitat for wildlife. Most steep slopes (66.1%) are in areas with tree canopy. This figure presents an excellent baseline, as trees are a vital tool for securing soil and minimizing erosion. Among all areas with slopes over 12 degrees, 66.1% of the area is canopy, 14.3% is impervious, 19.0% is pervious, and 0.6% is bare soil. Table 4: Percent of Sensitive Area by Fragmentation Biodiversity Areas And Corridor 251.82 0.54 21.42 10.76 58.64 8.65 Nesting Habitat Area (Great Blue Heron) 2.55 1.36 24.96 0.00 15.73 58.01 Sensitive Aquatic Habitat Area 118.33 8.89 29.85 3.89 13.97 43.40 Sensitive Habitat Area 77.83 18.58 11.92 0.23 3.47 65.80 Wetlands Area 29 What Do We Have? Packet Pg. 90 7.A.c Considerations for Planting Opportunities Edmonds' existing tree canopy covers 30.3% of the City, and decision -makers can set a target canopy cover goal to pursue. Regardless of the canopy coverage goals established by the City, the following are planting opportunities that may be pursued in order to maintain and potentially increase the existing canopy coverage: • Incentivize tree planting on private property. • Increase canopy with tree planting in areas of patch and fragmented canopy to reduce forest fragmentation and improve wildlife habitat and corridors. • Conducting outreach to the community as an important tool for engaging public interest and support. • Define goals and identify actions that will support these goal(s). • Develop clear policies and standards to meet the 30% native vegetation requirement codified by ECDC 23.90.040.0 (Retention of Vegetation on Subdividable, Undeveloped Parcels) in undeveloped (or redeveloped) Subdividable lands zoned as RS-12 or RS-20, that contain a stream or stream buffer, or a wetland or wetland buffer. Park trees in Edmonds. Currently, forestry operations in the City do not document the community tree resource according to industry best management practices. A public tree inventory is important because it provides information on species diversity, forest age, and relative performance of different tree species. An inventory that is maintained with continued updates also facilitates planning and prioritization of tree maintenance duties. Based on this assessment, urban forest managers have the following opportunities: • Establish and continually update a public tree inventory. • Integrate maintenance cycles with the public tree inventory database. • Study genus/species compositions to ensure best -management diversity recommendations are being followed. a+ a What Do We Have? 30 Packet Pg. 91 7.A.c Existing Urban Forest Practices There are three departments within the City of Edmonds that have influence over the management of the urban forest; Development Services (DS), Public Works and Utilities (PW), and Parks, Recreation and Cultural Services (PRC). Although they share and communicate any issues related to tree care and urban forest management, decision -making authority is determined based on the location of the trees. There is no specific staff person or leadership team with overarching responsibilities for guiding the management of the entire urban forest in Edmonds. Tree Maintenance Tree maintenance is important at all stages of tree life, but is especially critical for young trees as they benefit from early structural pruning and training. Minor corrections, such as removing double leaders or crowded branches, can be conducted at ground Table 5: Decision Matrix for Urban Forest Management in Edmonds tnL Permits for Tree Removal Trees on Private Development Permits for Tree Property Services Pruning Permits for Tree Planting Hazardous Tree Parks, Inspections Trees in Parks Recreation and Tree Pruning g Cultural Tree Removal Services Tree Planting Public Works Hazardous Tree Trees within and Utilities Inspections City Rights -of- (with Parks' Tree Pruning Way assistance in Tree Removal mmmng�' downtown) Tree Planting 31 what Do we Have? level with minimal cost when a tree is young. However, if left unattended, defects can evolve into very expensive structural issues and increase the risk of failure as trees mature, at which point it may be impossible to correct the issue without causing greater harm. Over -mature trees require more frequent inspection and removal of dead or dying limbs to reduce the risk of unexpected failure. By establishing a budget for maintenance, urban forest managers can plan the necessary tree care at the appropriate life stage when it is most beneficial and cost-effective. At the City, tree maintenance is addressed most frequently with reactive tactics. As issues related to trees are identified by City Staff, work is prioritized based on existing and available budgets. Planning associated with tree management on public properties is minimal with priority attention given to ensuring the successful establishment of new tree plantings and responding to hazardous tree conditions. Currently, the Parks Department performs certain routine tree inspections and provides limited proactive maintenance activities (typically associated with the care of trees after planting to encourage successful establishment). Within City rights -of -way, tree issues are uncovered as part of routine safety inspections of sidewalks and streets, where trees are only identified when infrastructure is damaged by roots, or when tree hazards are observed by public works staff. Similarly, in City parks, trees will be prioritized for maintenance when safety concerns are observed through routine park maintenance activities. Parks trees require routine inspections and maintenance for public safety. Packet Pg. 92 7.A.c Tree Maintenance Budgets The majority of tree maintenance costs are accounted for as general line items through the parks department budget. As part of the annual Tree City USA application, departments will summarize their expenses. In 2017, the Edmonds' urban forestry expenditures were $7.74 per capita, which is more than the minimum $2 per capita for Tree City USA designation and more than the $7.50 national average reported by the National Arbor Day Foundation. Documented Edmonds' expenditures have been in the range of $3 per capita in prior years. Using the recent Urban Tree Canopy assessment as a benchmark estimate, Edmonds' urban forest produces about $1,567,000 in environmental benefits and is maintained with a 2017 budget of approximately $319,542. Service Levels To assess current urban forest workload and staffing levels, an estimated 11 city staff members were identified as persons who work with tree issues on at least an intermittent basis every week. From those who are involved with forestry issues or operations on a more regular time basis, 3 individuals were identified with a quantifiable amount of time each week working with trees or tree -related issues. Table 6: 2017 City Urban Forestry Expenditures Urban Forestry Items MR Expenditure Tree Planting and Initial Care $4,848 Tree Maintenance $79,779 T Management $62,771 Volunteer Activities JL _M $134,579 TOTAL $319,542 Vdget Per Capita $7.74 UTC Estimate of Benefits $1,567,000 Overall, there is evidence of good interdepartmental cooperation. These general conclusions about the shared responsibilities among staff resources at the City are very important when the City evaluates future staffing needs for urban forestry. Currently, no one single position is designated as a Full -Time Employee (FTE) dedicated to urban forestry. Table 7: Current Urban Forest Workload and Staffing Levels City Services UrbanV Common Related Activities Hours per Development plan review for Permit Intake compliance with tree protection codes 2 and Review Public inquiries (online, phone, and counter) Code Investigating and resolving Enforcement & tree complaints Complaint Investigating and resolving 2 infrastructure damage Investigation complaints Tree planting and Parks & Public establishment Tree Structural pruning on smaller 40-60 Maintenance trees Inspection and identification of hazardous trees Contract Managing contract tree crews 1 Management Emergency Community Service Requests 0 Response Response Management Urban Forest Management Comprehensive Plan stewardship (Long-range) Federal, state grant <1 Planning procurement Tree City USA applications Volunteer events Community Coordinated tree planting Education Action Neighborhood association 1 and Outreach support Website content and public education Tree Board Addressing public issues 1 Meetings related to trees c 0 r a� a� 0 U m m 1- c CU FL c m E c R L 0 u_ c N c 0 E Lu C1 c a� E t 0 a r a� w r Q What Do We Have? 32 Packet Pg. 93 7.A.c Staff Training The science of arboriculture, and the management of urban forests are domains that are increasingly recognized as special areas of expertise. Credentials are increasingly requested by many municipalities as evidence of competency. Bachelor's degrees in Forestry, Urban Forestry, Environmental Sciences, and Horticulture are often the base requirements for leadership roles in urban forest management. Professional credentials can also demonstrate competency, with the most widely accepted credentials in Washington State coming from the International Society of Arboriculture (ISA). Image of a tree with a co -dominant branch defect (middle stem). The city has access to trained staff qualified to provide expertise for identification of these tree safety risks. The City provides on -going training to any staff handling tree maintenance equipment, including chainsaw, chipper, and lift -truck safety. Stakeholder interviews revealed that landscape maintenance workers in Edmonds receive no formal training on structural pruning or tree care. The following is a summary description of staff resources and training within individual City departments: • In Development Services, staff are trained to interpret ordinances related to trees, but rely on reports by ISA certified arborists when necessary to render decisions. Staff within development services have backgrounds in Urban Planning and one (1) person with has an advanced degree in Forestry. There are no ISA certified arborists within development services staff. • The Department of Public Works and Utilities has a director with advanced degrees in Biology and Aquatic Biology. In addition, the department has engineers on staff who can successfully consider relevant tree issues in terms of asset and infrastructure management, but tree care expertise is not required for any staff in this department. Tree related issues are resolved based on previous experiences and through hired consultations with ISA certified arborists when necessary. • The Parks, Recreation and Cultural Services Department has two staff members who provide expertise on urban forestry topics. The first is an ISA certified arborist who is referenced by all City departments and citizen groups for opinions on the best practices associated with tree care. There is also a staff member who has an advanced degree in Forest Ecology who works with citizen groups on tree planting and stewardship projects. Tree Acquisition and Quality Control The City's approach to acquiring trees is not guided by any formal standard practices that ensure the quality of trees during acquisition. As trees are planted, there is no planned follow-up or warranties managed with new trees. 33 what Do we Have? Packet Pg. 94 7.A.c Tree City USA The Arbor Day Foundation is a 501c3 nonprofit conservation and education organization founded in 1972 in Nebraska, United States, by John Rosenow. It is the largest nonprofit membership organization dedicated to tree planting. The Foundation offers Tree City USA certification. Cities can earn Tree City USA certification by meeting four (4) core standards of quality urban forestry management: maintaining a tree board or department, having a community tree ordinance, spending at least $2 per capita on urban forestry, and celebrating Arbor Day. Currently, the City of Edmonds dedicates $319,542.20 towards total community forestry expenditure, and with a population of roughly 41,260, has a per capita investment of $7.74. The Arbor Day Foundation has recognized this per capita investment, as well as recognizing the City of Edmonds' community tree ordinance and observance of Arbor Day. Native Trees Trees native to the Pacific Northwest are well -suited to our climate. They also tend to provide good habit for local wildlife. Many native trees, both coniferous and broadleaved, are part of the City's urban forest. They are currently encouraged in public and private plantings but not necessarily required, except in designated critical areas for wildlife habitat and/or wetlands. More information about native trees and their value is likely to be part of an upcoming round of community education in Edmonds. Cone from a douglas fir. (Photo by Peter Stevens CC BY) An example of some native trees for the Pacific Northwest include the following,: Broadleaved Trees • Big -Leaf Maple • Black Cottonwood • Oregon Ash • Pacific Willow • Red Alder • Vine Maple Conifers • Douglas Fir • Grand Fir • Noble Fir • Shore Pine • Sitka Spruce • Western Hemlock • Western Larch • Western Red Cedar • Western White Pine 1 A more comprehensive list can be found in Appendix F Leaves of a big leaf maple. What Do We Have? 34 Packet Pg. 95 7.A.c Major and Emerging Diseases and Pests Another important aspect to tree maintenance is staying alert to managing emerging diseases and pests that can be costly to control with individual trees. For sustainability of the entire urban forest, addressing both potential and actual problems is critical. Further information on the pests and diseases that threaten the forest ecosystems in Washington can be found at: • USDA's Forest Service website • Pacific Northwest Pest Management Handbook • Collier Arbor Care website —Top 20 Tree and Shrub Problems in the PNW • Washington State Department of Natural Resources, Forest Health Among the many diseases and pests that affect trees, City Staff and residents should remain alert to the following: Diseases • Laminated Root Rot (LRR) is the most important disease affecting Douglas -fir caused by the fungal pathogen Coniferiporia sulphurascens. In young stands regenerated following harvesting, dead or missing trees will be associated with large stumps. These decayed trees will serve as an inoculum source for neighboring trees to become infected, as their roots grow in contact with infected stumps/roots. Fungal growth invades the heartwood and sapwood, resulting in reduced uptake of water and nutrients, with weakened support of the upper portion of the tree. Infected trees are susceptible to windthrow, and there may be trees in a group in various stages of decay and dying. Live trees with LRR display symptoms of shortened terminal growth, sparse foliage, smaller needles, chlorosis (yellowing) and stress cone crops. Trees can fall over before developing obvious symptoms, or die standing. The disease is very difficult to manage in an urban setting (USFS, 2017). • Armillaria Root Rot (ARR) affects the roots of numerous tree species, notably Douglas -fir and other Firs and Pines, as well as many hardwood species. Armillaria ostoyae is the primary fungal pathogen in the Pacific Northwest, although A. mellea can also be involved in tree decline and mortality. ARR disease is usually associated with stress conditions, particularly drought. The fungus survives for many years in infected stumps, roots and organic matter in the soil. Honey -colored mushrooms are typically produced at the base of infected trees in the fall. Typical symptoms include chlorotic foliage, distress cone crops, significant resin flow, decline and death. The fungus typically produces black shoestring -like structures called rhizomorphs on the bark at the base of the tree or in the soil (OSU, 2018). • Verticillium Wilt (VW) is a serious disease of many tree hosts, but is especially problematic on Maple species. Verticillium dahliae is a soil -borne fungus that persists in the soil for decades. The fungus infects roots and grows into the xylem where it colonizes the vascular elements. Its presence (mycelia and spores) plus defense compounds produced by the host clogs the xylem elements, preventing the flow of water and nutrients in the tree. Wilting results, and is exacerbated during periods of drought. Leaves on one side of the tree affected by VW or on one branch suddenly wilt and die. Subsequently, other branches will wilt as the disease progresses. Excised branches will have vascular discoloration which is diagnostic of the disease. Infected trees may survive for years or die within weeks. Once infected, a tree will not likely recover and will require removal. Tree injections of fungicides are not usually effective (OSU, 2018). • Swiss Needle Cast (SNC) is the name of the foliage disease of Douglas -fir caused by the fungal pathogen Phaeocryptopus gaeumannii. SNC is known as a "cast" disease because it causes the premature shedding of needles (or casting) from the tree, resulting in sparse tree crowns and reduced growth. Although it is 35 what Do we Have? Packet Pg. 96 7.A.c called "Swiss" needle cast, the fungus is native to the Western United States throughout the range of Douglas -fir. SNC disease symptoms include chlorotic needles and decreased needle retention, resulting in sparse crowns and reduced diameter and height growth (OSU, 2017). Mortality from the disease is considered rare, but tree care and maintenance of this disease can be expensive and necessary in an urban setting. • Leaf Blight (LB) is a serious disease affecting Pacific Madrone caused by the fungal pathogen Phacidiopycnis washingtonensis. At least a dozen fungi can cause leaf spots and dead areas on leaves; this is probably the most significant cause of damage to the host. Older, lower leaves are infected by spores disseminated by wind or rain during wet weather in the fall. Trees located in creek bottoms, valleys and the forest understory are most susceptible to LB. If wet weather persists, infection may be severe and result in significant defoliation. Under these conditions, the fungus can also infect green shoots. Pruning dead branches to provide better air circulation and raking and destroying fallen leaves will help to reduce fungal inoculum and subsequent infection (OSU, 2008). • Anthracnose (A) affects a wide variety of shade trees, especially Maple, Oak and Sycamore. The closely related fungi Discula (Maple, Sycamore) and Apiognomonia (Oak) are the causal agents of the disease. The disease is favored by warm, wet springs and several rounds of infection can occur, each defoliating the tree, resulting in a tree much more prone to subsequent drought stress. Lesions on the leaves are typically associated and limited by the veins, resulting in discrete necrotic areas. In particularly susceptible trees under ideal environmental conditions, twig cankers can also develop. It is important to rake up and destroy fallen leaves, prune out twig cankers and water trees during dry periods (OSU, 2018). • Sudden Oak Death was discovered in California in the mid 1990's, has spread into southern Oregon (2001) and was found (and has subsequently been contained or eliminated) in a small area in Kitsap County two years ago. The causal fungus Phytophthora ramorum primarily infects species of Oaks, but can also infect a wide range of other hosts, including Camellia, Rhododendron, Blueberry and other landscape plants. The fungus is waterborne and can be spread in streams or other forms of moving water. Symptoms on Oaks include bleeding cankers on the trunk, dieback of the foliage and mortality. Symptoms on other plants can vary from leafspots to leaf blight to twig dieback, but do not usually result in death of the host. Quarantines are in place to prevent further spread of SOD, largely from nurseries (COMTF, 2019). Insects • Asian Long -Horned Beetle (ALB), is an invasive insect that feeds on a wide variety of trees in the United States, eventually killing them. The beetle is native to China and the Korean Peninsula. Signs of ALB start to show about three to four (3-4) years after infestation, with tree death occurring in ten to fifteen (10-15) years depending on the tree's overall health and site conditions. Infested trees do not recover, nor do they regenerate. There are a broad number of tree species this insect will feed in and most common deciduous trees in Edmonds are at risk. • Tent Caterpillar (TC) is a serious defoliator of broadleaf trees and shrubs in most areas of the western U.S. Tree hosts include Red Alder, Cottonwood, Willow, Ash, Pacific Madrone, and many fruit trees. White silky tents appear soon after bud break. As the larvae grow in size, the tents also increase in size. Individual branches near these tents are totally defoliated. Entire trees may be defoliated by TC. After feeding has been concluded, the larvae will turn into moths within a cocoon. Eggs are laid on the twigs and branches where they overwinter in protected masses. Individual tents can be physically removed, preferably in the early morning hours when the larvae are contained in the tent (USFS, 2008). a What Do we Have? 36 Packet Pg. 97 7.A.c • Cooley Spruce Gall Adelgid (CSGA) is a serious pest of Spruce and Douglas -fir trees. It swarms in the spring when the new needles emerge. Crawler nymphs form galls at the branch tips. These galls are initially green, becoming red and eventually dry out. These affected branches cease their growth, and if enough branches are affected, the tree may be killed. White cottony specks will also cover the entire branch. Trees with fewer galls may be unsightly and foliage can be discolored and distorted. Most outbreaks of CSGA do not warrant control measures (NRC, 2015). • Pine Bark Adelgid (PBA) feeds on the bark of pines and spruce. They form cottony or wooly masses on the twigs, branches or trunk. Heavy infestations will turn the entire area white. Small trees will be severely affected, resulting in chlorotic needles and stunting or premature death. Small egg clusters are laid in the early spring by the adults. Crawlers move to other areas of the tree or to other trees nearby. PBA can be removed by hand, preferably done when the infestation has just begun (OSU, 2018). • Bronze Birch Borer (BBB) is an emerging pest in western Washington that has migrated from eastern Washington in recent years. Periods of extended summer drought have weakened birch trees and made them more susceptible to this pest which can severely damage or kill the trees. Chlorotic leaves and sparse upper branches are the first symptoms that homeowners usually notice from BBB attack. Close examination will reveal lumpy bark and half -moon - shaped beetle exit holes (WSU, 2008). Symptoms of BBB Include Dying Top 37 What Do We Have? • Douglas -fir Tussock Moth (DFTM) is a moth found in Western North America. Its population periodically erupts in cyclical outbreaks (Wickman et al., 1998). Outbreaks of the Douglas -fir tussock moth appear to develop almost explosively, and then usually subside abruptly after a year or two. The caterpillars feed on the needles of Douglas fir, true fir, and spruce in summer. Forestry management to prevent tree damage from tussock moth outbreaks include four activities: early detection, evaluation, suppression, and prevention. These four activities must be well integrated to ensure adequate protection from the pest. • Emerald Ash Borer (EAB) has killed hundreds of millions of ash trees in North America. The EAB is a destructive, non-native, wood -boring pest that exclusively kills both stressed and healthy ash trees 2-3 years after infestation (NASPF, 2005). EAB is a jewel beetle native to Northwestern Asia. EAB larvae feed on the vascular tissue of trees and populations grow exponentially. This pest has been identified as moving slowly into the Western U.S. and is considered a catastrophic pest for ash tree populations. • Other Diseases and Pests. Information on specific diseases and insects that damage trees in our region have been identified by the Washington State Department of Natural Resources. Current online information is at: www.dnr.wa.gov/ ForestHealth. A. Asian Long -Horned Beetle B. Bronze Birch Borer C. Douglas fir Tussock Moth D. Emerald Ash Borer Packet Pg. 98 7.A.c Regulatory Framework The City of Edmonds provides regulations for several components relevant to urban forestry in the Edmonds City Code and Community Development Code. These regulations are designed to: • Authorize the power of government to manage the urban forest • Define street trees and, as appropriate, municipal responsibilities for their care • Enumerate tree related fees and penalties • Create regulations associated with tree clearing on private land • Require tree protection during construction • Classify critical areas or buffers These different regulations cover tree related topics on a range of land types, and all influence the direction and management of urban forestry programs. The following summaries outline the chapters and sections of city code. Authorization of Power The legitimacy of Edmonds' city government to manage forestry domains and the definition of those domains fall under the authorization of power: • Chapter 18.45 provides for the City's Planning Division Manager to direct and enforce City codes related to land clearing and tree cutting on public land and private property. It exempts Public Works, Parks and Fire Departments in specific situations where safety is an issue. • Chapter 18.85.030 provides for the Director of Public Works to enforce and inspect work done to maintain City street trees in healthy condition, or remove trees from the public right-of-way as necessary. • Chapter 10.95.030 provides for a Tree Board, made up of Edmonds City residents in order to encourage civic engagement for active stewardship of the urban forest. The powers and duties of the Tree Board are to advise and make recommendations to the Mayor and City Council as appropriate on tree related matters. Street and Public Trees The City of Edmonds is ultimately responsible for the planting and maintenance of public trees. These trees are on public property parcels or select locations in the rights -of -way. Other planting strips are the responsibility of adjacent land owners: as a� • Chapter 9.20.060, for sidewalk construction and maintenance, declares that the m 0 responsibility is with the abutting property owner for maintaining or repairing adjacent planting strips. This includes all tree care. c • Chapter 18.85 provides further clarity on the a regulation of street trees and trees on public property. All street trees are managed by the E, Public Works Department and require permits for all persons who wish to plant, remove, prune or otherwise change a tree on a street, L right-of-way, parking strip, planting strip, or �0 other public place. This code chapter also includes language defining abuse and damage to street trees. Tree Related Fees and Penalties c OE w To facilitate compliance and remediation for M disregarding public tree codes, the City provides penalties as a punitive deterrent: E • Chapter 18.45.070 defines the punitive a discretion for trees that are damaged from disregard of City code of up to $1,000 for trees less than 3" and $3,000 for trees larger than 3". Fines can be tripled related to trees in critical r areas, buffers, or areas dedicated to public use, Q including public right-of-way. What Do We Have' 38 Packet Pg. 99 7.A.c Private Land Clearing Land clearing on private property is often a critical challenge to effectively reaching urban forestry canopy goals. Individual private property rights and objectives of private landowners can frequently be at odds with the community aspirations for the urban forest. • Chapter 18.45 contains regulations associated with trees on private properties for land clearing and tree cutting. This code provides for a variety of purposes that would preserve the physical and aesthetic character of the City and prevent indiscriminate removal or destruction of trees. This chapter also implements policies of the State Environmental Policy Act. It provides special exemptions in 18.45.030 for improved single-family lots, partially improved single-family lots or certain unimproved lots, allowing private property owners in these categories to maintain or remove trees at their discretion without permits. Additionally, these land clearing codes provide exemptions for utility vegetation maintenance or tree work by City departments when situations involving danger to life or property are found. Tree Protection During Construction As new construction occurs throughout the Pacific Northwest, many projects can damage or kill trees. Regulations to protect trees during construction are a mechanism to control canopy loss as sites are developed. • Chapter 18.45 requires that trees that are being retained during a land development project are also protected. The codes describe the protected area on a site as being within the drip -line of the tree and attempts to limit damage to trees by controlling the impact to trees within this area. Critical Areas and Buffers Washington State has special laws to protect critical areas, which are defined for certain types of valuable and environmentally significant areas. Chapter 23.40 establishes extra protections and management requirements for trees located near wetlands, streams, or steep slopes. Tree pruning or removal is restricted or prohibited without a report from an ISA certified arborist, ASCA registered consultant, or a registered landscape architect that documents the hazard and provides a replanting schedule for replacement trees. Challenges One of the more frequent complaints related to tree removal in the city is when properties are developed or subdivided. While a goal of the City's code is that "trees should be retained to the maximum extent feasible," other applicable development regulations help determine what is feasible. There are regulations that prescribe how wide driveways and roads must be, how far the development must be from the edges of a property, location of utilities (water, sewer, gas, and power) that must be installed underground, and stormwater requirements that require the installation of stormwater facilities. As a result, when one of the larger properties in the City that contains a grove of trees is developed to meet the many regulations and needs, sometimes only a few trees are located outside of the development footprint. Trees that were once stable in their grove, are susceptible to wind throw and become hazardous when isolated on their own. Where a tree was once the right tree in the right location (one tree protected in a larger grove), it may no longer be the right tree in the right location (an exposed tree on the perimeter of a lot) following development. As the City considers updates to the development code, updates should provide more ways to encourage greater tree retention when properties are developed. An example may be to provide options for reduced interior setbacks that would allow houses to be clustered and thus provide an opportunity to avoid trees where otherwise development would be placed under the regulations in effect as of early 2019. Another example of an update to consider may include evaluating the required width of access easements. 39 what Do We Have? Packet Pg. 100 7.A.c Table 8: Summary of Current City of Edmonds Tree Cutting Regulations L Qi Q 0 L a- 0) M a Developed single-family No review, no permit No notification required, but suggested property, no critical areas required to avoid unnecessary Code Enforcement present Response Developed single-family Yes, review and permit Tree cutting permit Type II decision (staff property, critical areas required if tree in critical decision with notice) present area or critical area buffer Removal of hazard trees in Review required, but no Documentation of hazard tree critical area permit by certified arborist, or clear documentation of dead tree. Replanting required at 2:1 ratio Prune or trim trees No review, no permit Topping considered same as tree cutting or removal unless retopping of a previously approved topping Multi -family property Yes, review and permit Design review against landscaping and Planned Residential required requirements. Type I decision (staff Developments with decision, no notice) approved landscape plan Commercial Property Yes, review and permit Design review against landscaping required requirements. Type I decision (staff decision no notice) Tree removal with Yes, review included with Tree protection measures required for development land use or development trees to remain permit. Trees in right-of-way Yes, review and permit A right-of-way construction permit is required required for any party other than the City of Edmonds to perform any removal or trimming of trees located within the City rights -of -way Street trees Yes, review and permit Design review against landscaping required requirements. Type I decision (staff decision, no notice) Prune or removal of park No permit The City's Parks Department maintains trees trees within the City's parks. While no permit is required, tree removal and replacement must be consistent with the Citv's critical area regulations What Do We Have? 40 Packet Pg. 101 7.A.c Regional Urban Forestry Resources Regional urban forestry resources are organizations that provide services to aid in the protection, maintenance, and development of the urban forest. These range from active volunteer groups in the City, to nonprofits, academic institutions, and state and federal government agencies. Some of the organizations and programs described below have been used by the City. Others may be good choices for the future. Edmonds' community volunteers helping to remove ivy and improve forest health. WASHINGTON COMMUNITY FORESM Washington State Urban and Community Forestry Program Under the Washington State Department of Natural Resources (DNR), the Washington State Urban and Community Forestry (UCF) Program provides technical, educational, and financial assistance to Washington's cities and towns, counties, tribal governments, nonprofit organizations, and educational institutions. The mission of the UCF is: "To provide leadership to create self-sustaining urban and community forestry programs that preserve, plant and manage forests and trees for public benefits and quality of life." A key service provided by the UCF is its collection of financial assistance programs including; Community Forestry Assistance Grants, Tree City USA Tree Planting & Maintenance Grants, Arbor Day Tree Reimbursements, Landscape Scale Restoration Grants, Scholarships, and Internships. All forms of financial assistance, their availability in a given year, and their associated dollar amounts are dependent on continued funding through annual grant allocations from the USDA Forest Service. The UCF communicates events, educational opportunities, and other information through a Tree Link Newsletter. The Washington Community Forestry Council advises the DNR on policies and programs. The program does this by teaching citizens and decision - makers about the economic, environmental, psychological, and aesthetic benefits of trees. The program also helps local governments, citizen groups, and volunteers plant and sustain healthy trees throughout Washington. The council was established under RCW 76.15. 41 what Do We Have? Packet Pg. 102 7.A.c FORTSRRA FOR THE PEOPLE. FOR THE LAND. FOREVER. FORTERRA Green City Partnerships The Green City program helps urban communities in the Puget Sound region effectively steward their natural open spaces through best practices. FORTERRA partners with local municipalities to develop achievable goals, shared visions, long-term plans, and community -based stewardship programs to care for the valuable forests and natural areas in our urban environments. Specific services include: • City-wide forested park and natural area assessment • Strategic and restoration planning • Volunteer program development and guidance • Education and training for volunteers • Restoration tracking systems • Green City outreach and community engagement • On- the -ground stewardship projects and event support The Green City Partnerships share three (3) core goals: • Improve the quality of life, connections to nature, and enhance forest benefits in cities by restoring our forested parks and natural areas • Galvanize an informed and active community • Ensure long-term sustainable funding and community support These unique public/private partnerships bring together public, private, and nonprofit stakeholders to create a sustainable network of healthy forested parks and natural areas throughout the region. Municipal Research and Services Center The Municipal Research and Services Center (MRSC) is a nonprofit organization that helps local governments across Washington State better serve their citizens by providing legal and policy guidance on any topic. The MRSC collects state and local information from parks and recreation departments, land use planners, utilities, and citizen organizations to promote and manage urban forestry resources. Example resources include local urban forestry programs in Washington State, legal references, and related articles. a A deodar cedar provides shade for parked cars. What Do We Have? 42 Packet Pg. 103 7.A.c future wise Futurewise Futurewise is a nonprofit that has worked to prevent sprawl to protect the resources of communities in Washington State. Futurewise was founded to help support implementation of Washington State's Growth Management Act, and to focus on preventing the conversion of wildlife habitat, open space, farmland, and working forests to subdivisions and development. Futurewise provides data analysis and research, community and environmental planning and policy development, community engagement and outreach, grassroots organizing and advocacy, legislative initiatives, and litigation. These services are all provided through strategic collaboration with businesses, governments, community organizations, and nonprofit partners. Wetland stream flowing through Edmonds. w COLLEGE of the ENVIRONMENT The University of Washington Restoration Ecology Network TThe UW-Restoration Ecology Network (UW-REN) is a tri-campus program, serving as a regional center to integrate student, faculty and community interests in ecological restoration and conservation. Students in the program are required to complete capstone projects, where students of different academic backgrounds work together to complete a local restoration project. Students learn how to plan, design, install, and monitor a restoration project while working in teams. The Capstone spans three academic quarters beginning in the fall. Communities collaborate with the program to develop RFPs, which then provide volunteers for the community and excellent learning experiences for the students. * ;4,�-11, 43 what Do We Have? Packet Pg. 104 7.A.c EarthCorps EarthCorps is a human capital development program where corps members learn leadership skills by working collaboratively, leading community volunteers, and executing technical restoration projects along shorelines, trails, and in forests. Puget Sound Stewards help EarthCorps run restoration events, monitor plant growth, adapt management plans, and educate the community. EarthCorps collaborates with businesses, nonprofits, and communities to offer volunteers who are passionate about conservation and restoration. The Puget Sound Stewards program in Edmonds was created by EarthCorps in 2015 in partnership with the City of Edmonds with support from the Hazel Miller Foundation. The goal was to provide on- Forested park canopy in Edmonds. Forested park canopy in Edmonds. going, locally -based, expert care for one of the City's key natural areas. Starting with Edmonds Marsh, a wildlife sanctuary and rare example of a saltwater marsh in the midst of a city, the program has grown to include three more sites: Brackett's Landing, Willow Creek Demonstration Garden, and Hutt Park. The volunteers who join the Puget Sound Steward program are supported by EarthCorps staff and crews as they learn about the ecology of Puget Sound and how to perform actions that improve the ecological health of project sites in Edmonds that contribute to the health of Puget Sound and Edmonds residents. Actions include removing invasive weeds such as Himalayan Blackberry or English Ivy, mulching areas in need of water retention and weed suppression, and replanting with native plants to foster greater biodiversity. r a What Do We Have? 44 Packet Pg. 105 7.A.c Urban Forestry Practices: Case Studies In order to remain progressive with its urban forestry programs, the City of Edmonds recognizes that there are urban forestry practices emerging from other municipalities that could eventually add value if developed within the City. Through stakeholder interviews and discussions with City Staff, three urban forestry practices were selected as important for further consideration in implementation of this UFMP: Tree Banks (orfee in -Lieu programs), Heritage Tree Programs and Arborist Business Licensing. This section explores some examples around how other cities have adopted these programs. Tree Banks - Fee -based alternatives to tree replacement Often in the course of urban forest management, there can be logistical challenges associated with replacing trees at the same site where trees are removed. An increasingly common solution is to provide developers and residents with the opportunity to pay fees in -lieu of meeting their landscaping requirements. Providing a fee orfinancial guarantee option creates a system for funding tree planting projects or even more sophisticated landscape restoration projects that improve the overall health and condition of the urban forest. Precedence for this option can be found at the National level, with the U.S. Army Corp of Engineers. In a Federal Rule published in April 2008, The U.S. Army Corps of Engineers (the Corps) and the U.S. Environmental Protection Agency (EPA) define an in - lieu fee program as: • "A program involving the restoration, establishment, enhancement, and/or preservation of aquatic resources through funds paid to a governmental or non-profit natural resources management entity to satisfy compensatory mitigation requirements... Similar to a mitigation bank, an in -lieu fee program sells compensatory mitigation credits to permittees whose obligation to provide compensatory mitigation is then transferred to the in -lieu program sponsor." Snohomish County Here, the government provides options for permit applicants to engage the county, their own contractor, or do the mitigation work themselves to ensure that mitigation is achieved, even when it is not possible at the proposed project site: 'Applicants may choose to perform the off - site mitigation work on private property either themselves or through their own contractor, subject to all other provisions of Section 30.62 SCC, or applicants may enter into a voluntary mitigation agreement with the County pursuant to RCW 82.02.020 under which the County will perform the mitigation work on public property within the same sub -drainage basin or watershed resource inventory area (WRIA)." (POL-6210 REQUIREMENTS FOR PROVIDING OFF -SITE MITIGATION FOR IMPACTS TO CRITICAL AREAS ARISING OUT OF SINGLE- FAMILY RESIDENTIAL CONSTRUCTION UNDER SCC 30.62.330) The following cities are examples of fee in -lieu programs related to urban forestry. There is some variation in how these fees are calculated, as well as where the funds collected get administered. City of Redmond The City of Redmond calculates fee in -lieu to include the cost of the trees. More importantly, the fee also includes all costs associated with establishment care. From Article IV Environmental Regulations: • RMC 21.72.080 E.2. - Tree Replacement Fee A fee in- lieu of tree replacement may be allowed, subject to approval by the Administrator after careful consideration of all other options. A tree replacement fee shall be required for each replacement tree required but not planted on the application site or an offsite location. i. The amount of the fee shall be the tree base fee times the number of trees necessary to satisfy the tree replacement requirements 45 What Do We Have? Packet Pg. 106 7.A.c of this section. The tree base fee shall cover the cost of a tree, installation (labor and equipment), maintenance for two years, and fund administration. The fee shall be paid to the City prior to the issuance of a tree removal Permit. Fees collected under this subsection shall be expended only for the planting of new trees in City -owned parks, open spaces or rights - of -way. • http://online.encodeplus.com/regs/redmond- wa/export2doc.aspx?pdf=1&tocid=005.009&fil e=doc-005.009-pid-80.pdf City of Renton The City of Renton has much more limited code language. Fee in -lieu options are still at the City's Community volunteers pulling weeds and improving forest health in Edmonds. discretion, but only cover the cost of the tree and installation. No funding for establishment care is required in this code. However, the code does directly designate the funds to be allocated to the Urban Forestry Program fund, which provides more discretion to the City with how the funds get allocated: • RMC 4-4-130 H.1.E iii. Fee in Lieu: When the Administrator determines that it is infeasible to replace trees on the site, payment into the City's Urban Forestry Program fund may be approved in an amount of money approximating the current market value of the replacement trees and the labor to install them. The City shall determine the value of replacement trees. http://www.codepublishing com/WA/Renton/#!/Renton04/RentonO4O4/ Renton0404130.html What Do We Have? Packet Pg. 107 City of Port Angeles 7.A.c City of Seattle The City of Port Angeles provides a fee in -lieu option, but it only appears to relate to street tree replacement requirements. Another distinction in this code is the fee is determined by the Community Forester (a city staff position): • PAMC 11.13.050 B.3. Street tree requirements in previously developed area. In addition to the above requirements, the following also apply: Where new street trees cannot be planted due to portions of rights -of -way having been previously paved or otherwise rendered unsuitable to plant trees, a fee -in -lieu of planting is required. Such fee shall be determined by the Community Forester per City Policy and deposited into the Community Forestry Fund. https://library.municode.com/wa/port_angeles/ codes/code_of ordinances?nodeld=TIT11STSl_ CH 11.13STTR_11.13.050STTREN RE Heritage Tree Programs - Recognizing Historical Significance of Trees In many cities around the nation, trees are often recognized for their historical significance to the community. This recognition is commonly referred to as part of a Heritage Tree Program. These programs provide communities with a way of officially recognizing trees, and with the recognition, can offer a variety of benefits to the community, including: • Increasing public awareness of trees and the urban forest • Drawing attention to and protecting unique and significant trees • Reinforcing how trees are a key component of a city's character and sense of place • Engaging citizens with the purpose and activities of a city's urban forestry program • Encouraging public participation in the identification and perpetuation of heritage trees throughout the City In the greater Puget Sound region, a number of cities have heritage tree programs. One of the earliest programs was for the City of Seattle in 1996 when PlantAmnesty (a nonprofit) initiated a program that eventually became co -sponsored by the City. Seattle's program provides the broadest set of categories for designating a tree as a heritage tree. Trees can be designated according to the following categories: • Specimen: A tree of exceptional size, form, or rarity. • Historic: A tree recognized by virtue of its age, its association with or contribution to a historic structure or district, or its association with a noted person or historic event. • Landmark: Trees that are landmarks of a community. • Collection: Trees in a notable grove, avenue, or other planting. City of Vancouver The City of Vancouver, Washington, has had a heritage tree program in place since 1998. Unlike Seattle, which already regulates the care of exceptional trees (including heritage trees) on private property, the City of Vancouver uses this designation to protect trees on private properties where tree removal permits would not ordinarily be required. This is a voluntary program for private property owners, thus protecting the rights of the property owner (https://www.cityofvancouver.us/ publicworks/page/heritage-trees). City of Lynnwood Closer to Edmonds, in the neighboring City of Lynnwood, the Heritage Tree program is defined in municipal code. Although many aspects of this program are similarto other cities, their specific code language binds all successive owners of the tree to the protection obligations within this designation. This language has the added benefit of ensuring long-term protection and care for the tree unless it is determined to be a hazard (LMC 17.5.070). 47 What Do We Have? Packet Pg. 108 Arborist Business Licenses - 7.A.c City of Lincoln Ensuring Best Practices in Tree Care Businesses that operate in Edmonds only require a general business license to work as an arborist. This is not uncommon, but many cities are now recognizing how the complexity of city codes associated with tree care and the expectations of the community necessitate special licensing for businesses that perform tree work. Tree care industry professionals and researchers in the science of arboriculture routinely convene as the International Society of Arboriculture (ISA), or the Tree Care Industry Association (TCIA). These groups collaborate to encourage best practices in tree care and tree worker safety. To help ensure a community has companies that are adequately trained and qualified for tree work, the use of arborist licensing that ties the business with these organizations is increasingly popular. The following cities were selected from throughout the U.S. as examples of different approaches for arborist business licensing: City of Herrington • Herrington, KY — Businesses that practice arboriculture must submit an application to the City for a Tree Contractor license. The application identifies the business as practicing arboriculture and requires proof of sufficient insurance (http://www.cityofherington.com/ pview.aspx?id=32514&catl D=547). Community engagement on urban forestry is important to encourage tree retention on private properties. • Lincoln, NE — In Lincoln, applications for tree services and arborists not only require proof of insurance, but also proof of ISA credentials or a tree worker test administered by the parks and recreation department. http://Iincoln.ne.gov/ city/parks/communityforestry/arborist.htm City of Denver • Denver, CO — Denver has two classes for their "Tree Service License." This is a distinct feature of their licensing process. Licenses can be issued to businesses working on "Large Trees," which require workers to leave the ground, or an "Ornamental" license, designed for companies doing landscaping work on small trees that do not require an aerial lift. https:H www.denvergov.org/content/dam/denvergov/ Portals/747/documents/forestry/tree-license- info-packet.pdf City of Spokane • Spokane, WA — Spokane has a commercial tree license that businesses must secure if they are doing work on public property trees (e.g.,street trees and park trees). https://my.spokanecity. org/urbanforestry/permits/ What Do We Have? 48 Packet Pg. 109 7.A.c Incentives - Encouraging Tree Retention on Private Properties From the urban tree canopy assessment, it was determined that the majority of tree canopy in the city is privately owned and managed. For cities to manage their urban forests, collaboration and voluntary commitments on the part of private property owners can be a beneficial strategy that encourages desirable tree care and retention practices. (Note: In some "incentive programs," cities have first established by code minimum tree density requirements for private properties and then used incentives to allow property owners some flexibility in retaining the minimum tree density). The following are example methods that cities, counties, and states have used to incentivize desirable tree stewardship on private property: City of Portland Portland, OR — The City of Portland has a "Treebate" program which provides a one-time credit on individual utility bills for planting a tree in a residential yard. The amount of credit depends on the size of the tree. (Certain types of trees are excluded from the program.) https://www.portlandoregon.gov/bes/ article/314187 Brevard County • Brevard County, FL— In Brevard County, incentives were created to encourage tree preservation as they relate to landscaping requirements during development. This code language incentivizes by providing credits for exceeding tree canopy density, preserving native trees of significant size, or vegetation of special concern. These credits reduce the tree re -planting requirements otherwise associated with development projects. (Code Sec 62-4344). http://brevardcounty.elaws.us/code/coor_ptii_ appid32777_ch62_artxiii_div2_sec62-4344 City of Rocklin • Rocklin, CA — In an effort to preserve its native oak population, the City of Rocklin established incentives in their code. Projects that save 25% or more of the surveyed oak trees receive expedited processing by the Community Development department. In addition, development projects can have traffic mitigation and capital facility fees deferred from 3 months up to 12 months depending on the trees being saved. http://www.rocklin.ca.us/ sites/main/files/file-attachments/oak_tree_ preservation_guidelines.pdf State of Hawaii State of Hawaii — In an effort to encourage the care and maintenance of trees determined as "exceptional", residents can deduct up to $3000 per tax year for their costs associated with tree care. The code language has an additional limitation that this tax deduction can only be allowed once every three years. (HRS 235-19). http://files.hawaii.gov/tax/legal/hrs/hrs_235.pdf When the City of Edmonds updates its development regulations, incentives for tree retention and tree planting should be considered. These may include: Tree bank Tree bank funded by development. Developer pays X dollar for each significant tree removed during development into a tree bank. This "incentivizes" tree retention because the developer may find ways to maintain trees rather than pay into the tree bank. Tree bank could be used to supply property owners with certificates to purchase trees to plant on their property. Tree bank funds could be used towards purchase of forested properties when they become available. 49 What Do We Have? Packet Pg. 110 7.A.c Development flexibility to maintain trees • Allowing reduced interior setbacks may allow more flexibility in home placement and provide opportunities for tree retention. • Allow for deviations from access and road width requirements to allow more flexibility in design and home placements. • Encourage low impact development techniques which promote tree retention. Heritage Tree Program • Develop a voluntary Heritage Tree Program to recognize unique or special trees as a way to recognize stewardship of the urban forest by local property owners. Further consideration of the above —and any additional —ideas should be explored in more detail as part of the code update process in the near future. Summary Considerations for Urban Forest Practices Historical practices and regulatory requirements provide a clear vision and mandate that direct the City to manage the entire urban forest. In particular, the City has special authority over property it owns or that is within the public right-of-way. Yet, no comprehensive public tree inventory exists. The City also does not have a dedicated forestry specialist to direct the City's urban forest management activities. Instead, the City has multiple departments that are guided by codes and policies for site -specific decisions without overarching strategic level guidance of the forest. An example encountered by public works staff is when a tree removal is being considered. One tree may need to be removed and replaced for safety reasons, but additional trees may get removed and replaced to maintain the aesthetic of the streetscape. Without overarching urban forest strategies, removals of trees for simple rights -of -way improvements can be seen as reactive solutions resolved through political discourse instead of planned practical decisions for city managers. This reactive approach to urban forest management also extends to the tree care budget. The City does not maintain sufficient tree related information (such as tree quantity or condition data) to budget for proactive tree care. Current urban forestry benefits models show how trees in Edmonds provide environmental and economic benefits that are much greater than their reactive management costs. There is tremendous opportunity to leverage this disparity and direct forest management toward proactive tactics such as tree planting, young tree maintenance pruning, and tree inspections. With approximately 13%ofthe City's entire tree canopy in public ownership, other methods to encourage or require tree planting/protection will be needed for the community to have influence over tree care in the remaining 87% of the forest. Some strategies that have been engaged in at other municipalities include the fee in -lieu programs to support variances in any tree replacement obligations, Heritage Tree Programs that protect special trees, and arborist business licensing to encourage best practices in tree care, and incentive programs. The City's policies with regard to the acquisition of open space (including the potential purchase of forested properties) are contained with the Parks, Recreation and Open Space (PROS) Plan. Land acquisition is included in the capital project budget and the PROS plan notes that "expansions of the parks system will target the gaps identified in this plan and take advantage of opportunities as they emerge. Due to the constrained nature of Edmonds, this approach will require vigilance and proactive pursuit of potential land acquisition opportunities for both parks and open spaces. The City's inclusion of this item in the capital projects list recognizes the importance of swift action when rare property acquisition opportunities become available." A specific policy addressing the purchase of forested properties could be considered for adding to the PROS plan to recognize the potential of maintaining the City's tree cover through the selective purchase of forest properties as opportunities arise. Finally, the City of Edmonds has both public and nonprofit agencies committed to helping Edmonds maintain a healthy urban forest. With continued and greater engagement, the City may realize more grant -funded opportunities, volunteer resources, and engaged citizens who will help the City achieve its urban forest management goals. a What Do We Have? so Packet Pg. 111 7.A.c What Do We Want ? Stakeholder and Community Input Edmonds conducted substantial outreach to public stakeholders, residents, and nonprofit agency stakeholders. Connections and relationships that develop among stakeholders are valuable outcomes of the urban forest outreach process. This provided a wide context for the challenges that face Edmonds' urban forest. As community awareness and actions associated with urban forestry move forward, it will be the people of Edmonds that ultimately realize the value of their contributions to their community in the trees that grow around them. Stakeholder Interviews In the summer of 2017, a team from the Davey Resource Group and Nature Insight Consulting met with several municipal and regional urban forest stakeholders. These stakeholder interviews occurred over two days and included urban planners, utility experts, public works staff, tree board representatives, and City staff leadership. Their valuable contributions guided the framework of the UFMP. Virtual Open House Throughout the development process, the City hosted a website that provided community access to the planning process. In addition, the website provided access to videos of public presentations, surveys, and invitations for public comments. This approach provided further opportunities for public input outside of scheduled community meetings. Community Meetings The first public meeting was held with the City of Edmonds Citizens' Tree Board on May 4, 2017. During this meeting, issues, concerns, and values about the urban forest were explored with members and visitors in attendance. Later, on June 22, 2017, the City of Edmonds hosted the first of two open houses (Appendix D) at City Hall to share information about the UFMP development process and gather input from community residents. The open house included a presentation and a brief discussion with the audience to answer clarifying questions. Following the presentation, attendees were invited to provide input (thoughts, ideas, concerns, questions) on six opinion poster boards. Each poster board contained a broad topic followed by initial suggestions generated through the prior stakeholder interview process. Attendees were invited to express their opinions using dots (where green = a positive "vote"/ agreement for the suggestion, yellow = concern/ hesitation of the suggestion, and red = a negative "vote"/disagreement or dislike of the suggestion). Attendees were invited to use as many dots of each color as necessary to express their opinion of each suggestion on each poster board. In addition, each poster board provided an area for Additional Suggestions, where attendees were invited to write down their thoughts, ideas, concerns, and questions on a sticky note. The sticky note was then adhered to the poster board for other attendees to review and "vote" on. A third meeting which was with the Planning Board, occurred on July 26, 2017 as another opportunity to solicit public participation early in the UFMP development process. The results of these public meetings helped the City to understand the needs and concerns of the community and guide the development of the online survey. 51 what Do We want? Packet Pg. 112 7.A.c Tree board meetings in Edmonds provide pathways for community engagement. - What Do We Want? Packet Pg. 113 7.A.c Online Community Survey As part of the initial stakeholder outreach, a survey was developed with the intention of understanding and benchmarking Edmonds' community values and views on the urban forest. It was not conducted as a statistically valid study but as one to guage community values and get public feedback. Survey data was collected online. The survey platform only allowed one survey response per household to control for multiple entries from a single respondent. The survey closed in September of 2017 with 175 responses having been gathered through the summer (Appendix C). Responses increased following the public open house and a presentation to the planning board. Although the intent was to gather feedback from a broad representation of the community, 40.9% of the respondents affiliated themselves with the Edmonds Bowl area, with another 15.2% affiliating with the Seaview neighborhood. Other neighborhoods had less than fifteen (15) responses each, about 29.3% of the combined total. 14.6% (24 responses) did not affiliate within the survey -defined neighborhood groups. The results showed how seventy-five percent (74.9%) of respondents "strongly agree" that public trees are important to the quality of life in Edmonds. Sixty-seven percent (66.9%) of respondents "agree" or "strongly agree" that Edmonds needs more public 40 % 35% 30% 25 % 20% 15% 10% 5% 0% Improved Air Quality Edmonds' fountain and traffic circle trees. trees. The most popular location for more trees is in open space and natural areas (60.4%), followed by parks (59.2%), streetscapes (59.2%), then trails and bike paths (45.6%), downtown (42.6%), and golf courses (11.2%). When asked to rank the environmental benefits most valued from the urban forest, respondents expressed the greatest appreciation for air quality benefits, with 36.6% indicating that it is the most important benefit, followed by wildlife habitat, and water quality. Energy savings were ranked as least important at 4.6% (Figure 4). Figure 5: Most Valuable Environmental Benefit Wildlife Habitat Protect Water Carbon Storage Energy Savings Quality/Reduced Stormwater Runoff Environmental Benefits Other 53 What Do We Want? Packet Pg. 114 7.A.c View of street trees at 5th Avenue South and Main Street. On average, respondents ranked the beauty of trees as the most important intangible benefit, followed by shaded trails, sidewalks, and bike trails, then 40 35 30 25 20 15% 10% attractiveness to residents. The benefit of shaded parking was ranked as the least important aesthetic benefit (Figure 5). Figure 6: Most Valuable Intangible Benefit 50 ■ ■ ■ ■ ■ 0/o Beauty/Aesthetics Shaded Attractive to Shaded Improve retail Increased Property Passive recreation Shaded Parkin Trails,sidewalks, Residents streets/Buffer areas and Values and bike trails from vehicles neighborhoods Intangible Benefits c 0 r a� m 0 U m m L C a c m E a� c aD L 0 U- c c 0 w cYi r c 0 E R a r c m E t w r Q What Do We Want? Packet Pg. 115 7.A.c In general, respondents are satisfied with the current level of maintenance, with 69.8% saying they "Agree" or "Strongly Agree." When asked to rank various options for the level of maintenance that public trees should receive, 52.1% of respondents indicated their preferred expectation is for trees to receive hazard maintenance (Figure 6). Fifty-four percent (53.9%) of respondents would like to seethe City help preserve trees on private property. Education and outreach were considered the best ways to encourage tree planting and preservation on private property, with 79.0% of respondents identifying these as their preferred methods. Respondents were asked to select the types of education and public outreach they would like to see offered by the urban forestry program. The most popular educational materials were website resources (62.7%), followed by interpretive trails and displays (59.8%), guided nature and tree walks (55.0%), and informational brochures (43.2%). Street tree along Main Street. Figure 7: Maintenance Expectations 60% 50% 40% 30% 20% 10% 0% Take care of hazardous trees. Holistic Plant Health Care Best possible care (all trees Clearance only (keep the (Improve the urban forest, should look good) sidewalks and streets clear) but not necessarily every tree) Maintenance Expectations 55 what Do we want? None -Keep them natural Packet Pg. 116 7.A.c Summary Considerations for Public Outreach Already considered a valuable asset by Edmonds residents, Edmonds has an opportunity to further improve the urban forest through increased public outreach and community engagement. Public engagement on urban forestry issues has demonstrated that the public is generally satisfied with the City's activities on public property, but prefers to have the City only provide guidance and education as opposed to regulation when it comes to stewardship of trees on private property. There is general agreement from survey respondents that trees impact views for many residents, and the issue galvanizes residents as a primary tree issue in Edmonds. In fact, views of the water and other scenic places are fundamental to Edmonds' identity as a community. Scenic views are also considered a property right of long-established development. At the same time, appreciation of trees —especially "the right trees in the right place" —is a value shared by almost everyone. Private property trees have canopy that can shade public streets. Street trees along 5th Avenue. What Do We Want? 56 Packet Pg. 117 7.A.c How Do We Get There? Over the next twenty (20) years, the City of Edmonds will be able to enhance management of the urban forest through implementation of actions recommended in this Plan. The decision to develop a Plan with a 2038-time horizon was primarily based on the precedence established by the City with other long-range planning documents. Additionally, growing and improving Edmonds' urban forest are slow processes. Tree physiology for most trees in Western Washington can take up to seven (7) years to establish after planting, and anotherten (10) years before they reach functional maturity. Trees provide the majority of their ecosystem services when they reach functional maturity. For this additional reason, it is essential that urban forest planning consider at least twenty (20) years within the Plan framework as a reasonable expectation for achieving the desired state of the urban forest. The five (5) long-range strategic goals provided in this Plan will guide actions and activities that address the three components of a sustainable urban forestry program: • Urban Forest Asset Actions, which are intended to improve the urban forest resource over the next twenty (20) years by developing detailed expectations for the urban forest. To accomplish this, most activities will increase the amount of information the City maintains about its urban forest resource. This includes activities like routine tree canopy assessments and a public tree inventory, both of which are fundamental to management and are substantial expenses to an urban forestry program requiring significant consideration. • Municipal Resource Actions, which are intended to drive improvements in City policy and practices by developing efficiency and alignment of efforts within City departments. The common activities for accomplishing these goals center around developing policies that promote routine tree inspection and formalized tree management strategies for City -owned trees. The results will encourage the City to improve its awareness and mitigation of tree hazards and eliminate barriers to effective urban forest management. • Community Resource Actions, which are intended to build stronger community engagement and public participation in urban forest stewardship. The activities coordinate with the public and encourage the participation of citizens and businesses to align with the City's vision for the urban forest. The research into current and historical efforts in urban forestry at the City has revealed numerous opportunities for Edmonds to enhance the understanding of the urban forest resource as well as improve efficiency in tree maintenance operations. The criteria and indicators proposed by Kenney, et al. (2011) were used as a standard to assess the current urban forestry practices in the City, and provide the management reference necessary to frame the following recommended goals for this plan. Each action contains time designations which estimate the anticipated timeframe for completion of the action/activity once it is started. 57 How Do We Get There? Packet Pg. 118 7.A.c Scenic views of the Puget Sound from Edmonds. Trees can obstruct the view, but can also be the view. How Do We Get There? 58 Packet Pg. 119 IM Urban Forest Management Plan Goal Goad 1 Time Goal 1- Maintain or enhance citywide canopy coverage The city has limited information about the condition of the urban forest. Success with this objective will be achieved with enhanced management of public trees and a deeper understanding of the population of trees on private property. The following actions will support this objective: A. Update tree regulations to reduce clearcutting or other development On -going impacts on the urban forest and to consider changes to tree replacement requirements and penalties for code violations B. Adopt policy goal of no net loss to overall tree canopy and continue to 1 Year enhance canopy in parks according to the PROS plan. C. Ensure protection of tree resources in environmentally critical areas On -going D. Develop a voluntary heritage tree program 3-5 Years E. Enforce city regulations on tree cutting On -going i. Reach out periodically to tree maintenance and landscaping firms to make sure they know Edmonds' requirements for pruning or removing trees F. Establish a tree bank or fund to which donations can be made for tree 3-5 Years planting and other tree programs i. Use any penalty fees from tree cutting violations to fund tree programs G. Support sustainable ways to combat pests and disease that threaten trees On -going H. Consider need for dedicated City arborist On -going I. Report at least every 10 years on canopy coverage 10 Years, On -going J. Periodically review and, if needed, update Urban Forest Management Plan 5-10 Years, On -going (generally, every 5-10 years) 59 How Do We Get There? Packet Pg. 120 7.A.c Urban Forest Management Plan Goals Goal 2 Time Goal 2 - Manage public trees proactively The city has identified opportunities within this plan to improve its risk management associated with trees and create better pathways for community engagement. The following actions will support this objective: A. Use best available science in caring for the urban forest on City properties On -going and ROW B. Have adequate resources (staff, contractual help, training, or other) to On -going monitor the health of public trees and make decisions on their care C. Develop and maintain an inventory of trees in key public places (for example, On -going along certain City streets or trails) to document tree condition and risk D. Update the Street Tree Plan periodically 5-10 Years, On -going E. Support removal of invasive plants, such as ivy, where they threaten the On -going health of public trees F. Coordinate among departments on tree issues and identify lead City staff On -going person to guide approach and activities G. Develop and implement a tree planting plan on City property and ROW to 3-5 Years, On -going help ensure: i. Age and species diversity; ii. And suitability of species to location H. Implement a program of regular maintenance and pruning for City trees, 3-5 Years, On -going consistent with best management practices I. Lead or facilitate volunteer activities for tree planting/care on City property 1 Year, On -going and rights -of way J. As part of City -sponsored capital projects, provide funding for appropriate On -going trees in rights -of -way and on City properties K. Provide an annual report to the City Council on tree planting/management On -going for City properties and right-of-way (ROW) How Do We Get There? 60 Packet Pg. 121 Urban Forest Management Plan Goals Goal 3 Time Goal 3 - Incentivize protecting & planting trees on private property To ensure success with enhancing the tree canopy, the city recognizes that voluntary public participation must be encouraged. The following actions will support this objective. A. Have a program of giving away trees and/or tree vouchers for use in Edmonds 3-5 Years, On -going B. For properties that retain a certain amount of tree canopy cover, explore 3-5 Years, On -going establishment of: i. A property tax "rebate" applicable to the City portion of property taxes; and/or ii. A stormwater utility fee reduction; and/or iii. Other techniques that provide a financial recognition of the benefits of tree planting and protection. C. Develop a certification/awards program to publicly recognize property 1 Year, On -going owners that maintain a certain amount or type of healthy trees 61 How Do We Get There? Packet Pg. 122 Urban Forest Management Plan Goal s Goal 4 Goal 4 - Provide resources to the community to educate/inform on tree planting and care The city recognizes the importance of the privately managed tree population in the city and recognizes the opportunity to support community stewardship. The following actions will support this objective: A. Provide signage or other information about significant public trees B. Provide for Tree Board, especially to: i. Develop community education materials; ii. Participate in or initiate tree planting and tree care activities, including outreach to citizen volunteers Time 1 Year 1 Year, On -going iii. Report annually to the City Council on Tree Board activities C. Develop and disseminate information for the public on the value of trees 1 Year, On -going and to provide guidance on tree selection and management How Do We Get There' 62 Packet Pg. 123 IM Urban Forest Management Plan Goal Goad 5 Time Goal 5 - Promote "Right tree, right place" Ultimately, the urban forest will be sustainable when o balanced combination of long-lived native trees and nursery grown street trees ore growing in suitable spaces to maintain views, support wildlife (pollinators, birds, mammals, etc) and provide optimum environmental services. The following actions will support this objective: A. Make readily available lists of compatible trees for planting in various kinds 1 Year of local settings i. Indentify: large native tree species that can spread out in large spaces; low -growing trees in view corridors, trees with appropriate root systems near sidewalks and underground pipes. ii. Provide lists of suitable trees to support pollinators and backyard wildlife habitat. B. Identify key areas to increase canopy and: 1-3 Years i. For any such private properties, encourage appropriate tree planting or other techniques; and ii. for any such public properties, consider and take action to appropriately plant trees or otherwise increase canopy. C. Identify and plan for the care of unsuitable trees and, as necessary, for On -going pruning or removal when they are potentially damaging to people, buildings or infrastructure D. Ensure that development regulations require native trees and vegetation On -going to be planted in critical areas, especially near streams and other wildlife habitat areas E. In updating the Street Tree Plan, identify specific species of trees that should 1-2 Years be planted to be compatible with the street environment 63 How Do We Get There? Packet Pg. 124 7.A.c How Are We Doing? Monitoring and Measuring Results The UFMP includes goals and actions for measuring the success of planning strategies. It is intended that the Plan serves as a living document. As new information becomes available, this section of the UFMP will be reviewed and amended using routine plan updates, annual reports, and community satisfaction surveys. 5-10 Year Plan Update (Plan 2023) The UFMP is an active tool that will guide management and planning decisions over the next twenty ( 20) years. The goals and actions will be reviewed every five to ten (5 -10) years for progress and integration into an internal work plan. The UFMP presents a long-range vision and target dates are intended to be flexible in response to emerging opportunities, available resources, and changes in community expectations. Therefore, each year, specific areas of focus should be identified. This can inform budget and time requirements for Urban Forest Managers. Annual State of the Urban Forest Report This report, delivered annually, should include numbers of trees planted and removed by the City, and any changes to the overall community urban forest. It will serve as a performance report to stakeholders and an opportunity for engagement. The report is also an opportunity to highlight the successful attainment of UFMP actions as well as to inform stakeholders about any issues or stumbling blocks. This information can be integrated into urban forest managers' Annual Reports and used to pursue additional project support and funding from state agencies and Tree City USA applications. Community Satisfaction The results of the UFMP will be measurable in improvements to efficiency and reductions in costs for maintenance activities. Attainment of the goals and actions will support better tree health, greater longevity, and a reduction of tree failures. However, perhaps the greatest measurement of success for the UFMP will be its ability to meet community expectations for the care and preservation of the urban forest resource. Community satisfaction can be measured through surveys as well as by monitoring public support for realizing the goals and actions of the Plan. Community satisfaction can also be gauged by the level of engagement and support for urban forest programs. An annual survey of urban forest stakeholders will help managers ensure activities continue to be aligned with the community's vision for the urban forest. Q How Are We Doina' Packet Pg. 125 7.A.c Appendices Appendix A: References Akbari, H., D. Kurn, et al. 1997. Peak power and cooling energy savings of shade trees. Energy and Buildings 25:139-148. American Forests, 2007, http://www.americanforests.org 0 Bennett, M. and Shaw, D. 2008. Diseases and Insect Pests of Pacific Madrone. Forest Health Fact Sheet EC 1619-E. r 2 California Oak Mortality Task Force, 2019. https://suddenoakdeath.org. Casey Trees and Davey Tree Expert Company. The National Tree Benefit Calculator, 2017. http://www.treebenefits.com/calculator/ ° U CensusScope, 2012, "CensusScope: Your Portal to Census 2000 Data." www.censusscope.org m L Ciesla, WW.M. and Ragenovich, I.R. 2008. Forest Insect & Disease Leaflet 119. Western Tent Caterpillar. USFS. City of Edmonds, 2015, Edmonds Streetscape Plan, Department of Parks, Recreation and Cultural Services. a - City of Edmonds, 2016, Citizens' Tree Board. City of Edmonds, 2016, Comprehensive Plan, City of Edmonds Department of Development Services, Planning Division, Edmonds, Washington. City of Edmonds, 2016, Parks, Recreation and Open Spaces Plan, Department of Parks, Recreation and Cultural Services. `o City of Edmonds, 2017, Urban Tree Canopy Assessment Report, City of Edmonds Department of Development a_ Services, Edmonds, Washington. City of Seattle, 2012, http://www.seattle.gov/parks/ProParks/ Clark, James, N. Matheny, G. Cross, V. Wake, 1997, A Model of Urban Forest Sustainability, Journal of c ° E Arboriculture 23(1): January 1997. w Colorado State University Extension, 2003, Bronze Birch Borer, Image, https://upload.wikimedia.org/wikipedia/ �i commons/3/3d/Agrilus_anxius_1326203.jpg Cooley Spruce Gall Adelgid. 2015. Natural Resources Canada. Cooperative Forestry Assistance Act of 1978 (P.L. 95-313). a Donovan, G and Butry D, 2010, Trees in the City: Valuing street trees in Portland, Oregon Landscape and Urban Planning. E Energy Information Administration, 2003, Emissions of Greenhouse Gases in the United States 2003. http://www.eia.doe.gov/oiaf/1605/ggrpt/ Q Evergreen Cities Task Force, 2009, A Guide to Community and Urban Forestry Planning, Washington State Department of Commerce. https://www.dnr.wa.gov/publications/rp_urban_guide_to_urban_forestry_programming.pdf Faber Taylor, A. & Kuo, F.E., 2006, "Is contact with nature important for healthy child development?" State of the evidence. In Spencer, C. & Blades, M. (Eds.), Children and Their Environments: Learning, Using and Designing Spaces. Cambridge University Press, Cambridge, U.K. 65 Appendices Packet Pg. 126 7.A.c Food, Agriculture, Conservation, and Trade (FACT) Act of 1990 — P.L. 101-624. Forest Insect and Disease Leaflets, 2017 - Laminated Root Rot. USDA Forest Service https:gapps.fs.usda.gov/views/laminatedrootrot Heisler, G.M., 1986, "Energy savings with trees." Journal of Arboriculture, 12, 113-25. Hartel, D, 2003, "GASB 34: Urban Natural Resources as Capital Assets", 2003 National Urban Forest c Conference, Southern Center for Urban Forestry Research & Information. Hollingsworth, C.S., editor. 2019. Pacific Northwest Insect Management Handbook [online]. Corvallis, OR: a, Oregon State University. http://pnwhandbooks.org/insect (accessed 31 March 2019). i-Tree. , 2012, Tools for Assessing and Managing Community Forest. www.itreetools.org m o Jo, H.-K. and E.G. McPherson. 1995. Carbon storage and flux in urban residential greenspace. Journal of U Environmental Management. 45:109-133 Kaplan, Rachel and Stephen. 1989. The Experience of Nature: A Psychological Perspective. Cambridge: Cambridge University Press. a Karl, Tom., P. Harley, L. Emmons, B. Thornton, A. Guenther, C. Basu, A Turnipseed, K. Jardine. 2010, Efficient c Atmospheric Cleansing of Oxidized Organic Trace Gases by Vegetation. Web 11/9/2010. http://www. sciencemag.org/cgi/content/abstract/330/6005/816 Kenny, Andy, P. van Wassenaer, A.L.Satel, 2011, Criteria and Indicators for Strategic Urban Forest Planning and Management, Arboriculture and Urban Forestry 37(3):108-117. c Kuo, F.E., & Sullivan, W.C., 2001. Environment and crime in the inner city: Does vegetation reduce crime? a_ c Environment & Behavior, 33(3), 343-367. Kuo, F.E., 2003. The role of arboriculture in a healthy social ecology: Invited review article for a Special Section. Journal of Arboriculture 29(3), 148-155. o Land and Water Conservation Fund, 2012, nps.gov. National Park Service, U.S. Department of the Interior. http://www.nps.gov/lwcf/ LU Miller, R. W. 1988. Urban Forestry: Planning and Managing Urban Greenspaces. New Jersey: Prentice Hall. M The Nature Conservancy. 2012, www.nature.org a� E The National Arbor Day Foundation, 2012, Tree City USA Award, http://www.arborday.org/ a Natural Resources Canada. 2015. Cooley Spruce Gall Adelgid. Northeastern Area State and Private Forestry. 2005. Forest Health Protection —Emerald Ash Border. Newtown Square, PA: U.S. Department of Agriculture, Forest Service, Northeastern Area State and Private Forestry. http://www.na.fs.fed.us/spfo/eab/index.html w r Q Northeastern Area State and Private Forestry. 2005. Forest Health Protection —Dutch Elm Disease. Newtown Square, PA: U.S. Department of Agriculture, Forest Service, Northeastern Area State and Private Forestry. http://na.fs.fed.us/fhp/ded Oregon State University (OSU), 2017. College of Forestry, Swiss Needle Cast. http://sncc.forestry.oregonstate.edu/glossary/term/17 PNW Plant Disease Handbook PNW Insect Handbook Appendice- 66 Packet Pg. 127 7.A.c Pscheidt, J.W., and Ocamb, C.M., senior editors. 2019. Pacific Northwest Plant Disease Management Handbook [online]. Corvallis, OR: Oregon State University. http://pnwhandbooks.org/plantdisease (accessed 31 March 2019). Puget Sound Clean Air Agency, 2012, http://www.pscleanair.org/ Puget Sound Partnership, 2012, www.psparchives.com Science Now. Tree Leaves Fight Pollution. October 2010. sciencemag.org. Web 11/05/2010. http://news.sciencemag.org/sciencenow/2010/10/tree-leaves-fight-pol lution.html Simpson, James, 2002. "Improved estimates of tree -shade effects on residential use," Energy and Buildings 34, 1067-1076. Simpson, J.R. and E.G. McPherson. 2000. Energy and air quality improvements through urban tree planting. o In: Kollin, C., (ed.). Building cities of green: proceedings of the 1999 national urban forest conference; Seattle. 2 Washington, D.C.: American Forests: 110-112. "Snohomish County Public Utility District No. 1." Trees Near Power Lines I Residential I Snohomish County PUD, 15 Dec. 2017, www.snopud.com/home/treetrim.ashx?p=1219. v The Trust for Public Lands. 2012, www.tpl.org L U.S. Forest Service, Pacific Southwest Division, 2017. Urban Ecosystems and Processes (UEP). ~ https://www.fs.fed.us/psw/topics/urban_forestry/ a U.S. Department of Energy, 2004. "Green Roofs," Federal Technology Alert DOE/EE-0298, Federal Energy a- Management Program. E Washington Department of Ecology, 2011— Slope Stabilization and Erosion Control, a� http://www.ecy.wa.gov/programs/sea/pubs/93-30/index.html Washington Department of Fish and Wildlife. 2009. Land Use Planning For Salmon, Steelhead and Trout. a https//wdfw.wa.gov/publications/00033/psst_externalreviewdraftJune152009.pdf L Washington Department of Fish and Wildlife. 2016. Periodic Status Review for the Bald Eagle. http://wdfw.wa.gov/publications/01825/draft_wdfw01825.pdf Washington Department of Natural Resources. 2018. https://www.dnr.wa.gov/ Washington State, 1990. Washington State Growth Management Act (RCW 36.70A.070 (1) Land Use E Elementl). w Washington State University Extension, 2008, WSU Extension Publishing and Printing, http://cru.cahe.wsu.edu/CEPublications/ebl380e/ebl380e.pdf Wickman, Boyd, et al., 1988. Forest Insect & Disease Leaflet Douglas -Fir Tussock Moth 86. https://www.fs.fed.us/psw/topics/urban_forestry/ Wolf, K.L. 1998, "Urban Nature Benefits: Psycho -Social Dimensions of People and Plants", University of Washington Center for Urban Horticulture, Human Dimensions of the Urban Forest, Fact Sheet #1. Wolf, K.L. 2007. The Environmental Psychology of Trees. International Council of Shopping Centers Research Review. 14, 3:39-43. Xiao, Q.; McPherson, E.G.; Simpson, J.R.; Ustin, S.L. 2007. Hydrologic processes at the urban residential scale. Hydrological Processes 21:2174-2188. Xiao, Q., E.G. McPherson, S.L. Ustin and M.E. Grismer. 2000. A new approach to modeling tree rainfall interception. Journal of Geophysical Research 105(D23) :29,173-29,188 67 Appendices Packet Pg. 128 7.A.c Appendix B9. Table of Figures F'iures Figure 1: Land Cover Classes 5,23 Figure 2: Fragmentation Comparison 24 Figure 3: Forest Fragmentation 25 Figure 4: Tree Canopy by Park 27 Figure 5: Most Valuable Environmental Benefit 53 Figure 6: Most Valuable Intangible Benefit 54 Figure 7: Maintenance Expectations 55 Tables Table 1: Benchmark Values 3 Table 2: Tree Canopy of 5 Largest Parks 27 Table 3: Acres of Sensitive Area by Fragmentation 28 Table 4: Percent Sensitive Area by Fragmentation 29 Table 5: Decision matrix for urban forest management in Edmonds 31 Table 6: 2016 Urban Forestry Expenditures 32 Table 7: Current Urban Forest Workload and Staffing Levels 32 Table 8: Summary of Current City of Edmonds Tree Cutting Regulations 40 Appendice- vo Packet Pg. 129 7.A.c Appendix C: Community Survey Responses Introduction: The survey questions provided a public feedback opportunity during the early stages of plan development. They were designed to solicit input from residents and businesses in the City of Edmonds and help guide the plan development by understanding about how respondents. The questions were arranged into 4 groups: • How do you value trees? • Your opinion about public trees. (City managed trees on streets and in parks) • Your opinion about private trees. (privately managed trees) • Who are you? (Simple Demographics) While providing valuable information, the results of this survey should not be interpreted to be a statistically significant survey representing all of Edmonds. 175 individuals responded to the survey (0.4 percent of the Edmonds population) and the geographic distribution of respondents was not a control factor, as a result the survey responses may include an over representation of view properties. However, these responses do represent views of many citizens who are particularly interested in the management of the City's urban forest. Question 2: Trees are known to provide benefits to the environment. Understanding which benefits are most appreciated by residents can help guide long-term management strategies. Please rank (1-5) the following ENVIRONMENTAL benefits in order of their value to you. (i.e., 1 = most valuable and 5 = least valuable): Improl' Quality Energy Savings FProtect Water Quality/Reduced Stormwater Runoff Carbon Storage Wildlife Habitat Other 69 Appendices Packet Pg. 130 7.A.c Question 1: Trees are important to the quality of life in Edmonds. Strongly Agree 74.86% 131 Agree 21.71% 38 lisagree 2.29% Strongly Disagree 0.57% 1 kot sur ° Not Sure 0.57% 1 ther (please specify) 0.00% 0 Question 2 (Extended) 36.W 4.57% 21.715/o 64 8 38 5.14% 9 13.71 / 24 14.29% 26.86% -M 47 36.57% 64 25.71% 45 9% 18 8.57% 15 8.57% 15 17.14% 30 36.00% 63 28.57% 50 25.71% 45 22.29% 39 12.57% 22 0.00% 0 0.00% 0 0.00% 0 0.00% 0 49.71% 87 P175.71% 10 29.71% 52 10.86% 19 0.00% 0 175 2.88 175 3.3 0 0 Appendices 70 Packet Pg. 131 7.A.c Question 3: Trees also provide less tangible benefits to society. Understanding which of these benefits are most appreciated by residents can help guide long-term management strategies. Please rank (1-8) the following AESTHETIC and/or SOCIOECONOMIC benefits in order of their value to you. (i.e., 1= most valuable and 8 = least valuable): Attractive to Residents 14.86% 26 21.71% 38 16.00% 28 13.14% 23 Beauty/Aesthetics 34.29% 60 21.14% 37 14.86% 26 14.29% 25 21.71% 38 17.14% 30 Shaded Trails,sidewalks, and bike trails 24.00% 42 11.43% 20 2.86% 5 Shaded Parking 3.43% 6 8.57% 15 9.71% 17 rove r reas and neighborhoods 4% 9 104k29% 18 12.57% 22 13.71% 24 Increased Property Values 4.00% 71 5.14% 9 5.14% 9 9.71% 17 Passive recreati 4.00 9 6.86% 12 12.00% 21 Shaded streets/Buffer from vehicles 13.14% 23 16.00% 28 12.00% 21 16.00% 28 Question 4: Optional. Use this space to provide additional comments on the benefits of Edmonds' public trees. Answered 60 Skipped 115 Question 5: What is your current awareness of the City's urban forest program? Please check all that apply. have visited the City's webpage for information about public trees and/or the urban forest I have read a newspaper article that discussed public trees and/or Edmonds' urban forest I have participated or volunteered with tree related events in the City Other (please specify) 71 Appendices Packet Pg. 132 7.A.c Question 3 (Extended) rGIF1• 15.43% 27 9.71% 17 6.86% 12 2.29% 4 1 -- 5.39 7.43% 13 2.86% 5 2.29% 4 2.86% 5 -15 6.29 9.71% 17 9.71% 17 4.57% 8 1.71% 3 17.71% 31 29.71% 52 8.57% 15 19.43% 34 175 3.03 43% 34 18.29% 32 14.29% 25 6.29% 11 175 4.25 10.29% 18 13.71% 24 22.86% 40 29.14% 51 175 3.05 3% 27 20.00% 35 21. 14.86% 26 13.71% 24 13.14% 23 9.71% 17 6.29% 11 175 4.89 Answered 175 Skipped Question 5 (Extended) 36.69% 62 23.67% 40 52.07% 88 14.79% 25 12. o AnswereT .• Skipped Appendices 72 Packet Pg. 133 7.A.c Question 6: Trees can grow to obstruct streets and sidewalks. How often do you encounter this issue with trees in the public rights -of -way. Daily AM 13.02% 22 Weekly 11.83% 20 10.65% 18 Severa I Times A Year 34.32 % 58 Never IL30.18% 1 Answered 1691 Skipped 61 Question 7: Trees can become damaged or develop structural weakness over time, these issues may be risks for injury to persons or property. How often do you encounter this issue with public trees? wx,-- & IWL9- Weekly 4.14% 7 onthly % 5 Several Times A Year 41.42% 70 Never 46.15% 78 Question 8: Trees can appear sick and unhealthy from damage by insects, diseases, or simply poor tree care regimes. How often do you observe this issue with public trees? L. :: 0 9 Weekly 2.96% 5 Monthly 5.92% 10 Several Times A Year 43.20% 73 Never 42.60% 72 73 Appendices Packet Pg. 134 7.A.c Question 9: In general, I am satisfied with the current level of maintenance provided for Edmonds' public trees. Strongly agree 10.65% 18 Agree 59.17% 100 Disagree 11.83% 20 Strongly Disagree 8.88% 15 Not Sure L 9.47% 16 Answered .• Skipped 61 Appendices 74 Packet Pg. 135 7.A.c Question 10: What level of maintenance would you prefer for public trees? Please rank the following options according to your preference (1 = most desirable; 5 = Least desirable) None -Keep them natural Best possible care (all trees should look good) Clearance only (keep the sidewalks and streets clear) Take care of hazardous trees. Holistic Plant Health Care (Improve the urban forest, but not necessarily every tree) Question 11: Edmonds needs more public trees. jjWngly Agree AMMV.87% 6& Agree 28.99% 49 isagree 17.16% 29 Strongly disagree 5.33% 9 not sure P, jlz.65% Answered 169 Skipped Question 12: Where would you like to see more public trees planted? Please check as many as apply. a 59.17% 100 Open spaces and Natural Areas 60.36% 102 Sareetscapes 59.17% 100 Golf Courses 11.24% 19 p;ovvWwn 7M.60% Trails and bike paths 45.56% 77 dmonds has enough public trees 20.12% 34 Other (please specify) 17.75% 30 Answered .• Skipped 75 Appendices Packet Pg. 136 7.A.c Question 10 (Extended) 3.55% 6 8.88% 15 10.06% 17 25.44% 43 45.56% 77 6.51% 11 169 1.92 15.38% 26 9.47% 16 21.89% 37 26.04% 44 23.08% 39 4.14% 7 169 2.67 6.51% 11 24.26% 41 27.81% 47 26.04% 44 10.65% 18 4.73% 8 169 2.89 52.07% 88 26.04% 44 14.20% 24 5.33% 9 1.78% 3 0.59% 1 169 4.22 21.89% 37 30.18% 51 23.08% 39 12.43% 21 8.28% 14 4.14% 17, 169 3.47 r a Appendices 76 Packet Pg. 137 7.A.c Question 13: What types of education and public outreach would you like to see offered by the urban forestry program? Please check all that apply. Seminars and workshops 44.38% 75 Interpretive trails and displays 59.76% 101 2.72% 106 Online videos (e.g. YouTube) 24.26% 41 tree Informational brochures 43.20% 73 ther (please specify) 11.83% 20 Answered .• Skipped Question 14: Optional. Please use this space for any additional comments about the care of public trees. Answered 40 Skipped 135 Question 15: What is/are your biggest concern for trees in Edmonds? (Check as many as apply) of Trees blocking my view 24.70% 41 Trees shading my yard Tree debris i� 9.04% 15 12.65% ■ Healthy mature trees being removed during development 68.67% 114 Canopy loss M 57.83% 91 Loss of wildlife habitat 72.29% 120 Other Concerns(please specify) %% Appendices Packet Pg. 138 7.A.c Question 16: What are your experiences with trees on nearby properties around you? Please select any from this list any statements you agree with. Trees near my property are a nuisance 11.98% 20 Trees near my property are a dangerous 17.37% 29 Trees near my property block views 29.34% 49 Trees near my property are beautiful 67.66% 113 �es nea 59.28% 99 1 want more trees near my property 25.15% 42 have no trees near my property 0.60% 1 1 don't agree with any of these statements. 2.40% 4 Question 17: When private properties are developed or improved, trees on the property can be impacted. Should the City be involved with protecting trees on private property during construction? 'IF Answer .. Yes. The City should require property owners to preserve trees on private parcels where ,reasonably possible. M& 53.89% 90 No. This City of Edmonds should not concern itself with trees on private property. 17.96% 30 Not sure. This issue is more complicated. 28.14% 47 0 o: a� 0 U m m L a c m E a� c L 0 U- E L c 0 E w cYi r c a� E R a r E w r a Appendices 78 Packet Pg. 139 7.A.c Ordinances, Rules or Regulations Other (please specify) Question 18: In your opinion, what are the best ways to encourage tree planting and preservation on private property? Please select as many as apply. Education and outreach 79.04% 132 Information about how to hire a professional tree care company 29.34% 49 Require tree care companies to have a certified arborist on staff 28.74% 48 Free (or low-cost) Trees 55.09% 92 35.33% 59 22.75% 38 Question 19: Optional. Please use this space for any additional comments about trees on private property. ditional Comments Answered ., Skipped 131 Question 20: Which gender do you identify with? Male i Female Gender Diverse Prefer not to answer 28.66% 47 59.76% 98 A1.83% 3 9.76% 16 79 Appendices Packet Pg. 140 Question 21: What age group are you representing? 7.A.c W Under 18 0.00% 0 18 to 25 1.22% 2 26 to 35 4.27% 7 36 to 45 11.59% 19 46 to 55 21.34% i 56+ 61.59 % 101 Question 22: Where do you live in Edmonds? Please choose a neighborhood from the list below. Downtown/The Bowl Westgate Five Corners Perrinville Meadowdale 40.85% jMjj 7.32% 12 x 8.54% 14 4.88% 8 4.27% 7 Seaview 15.24% 25 Lake Ballinger HWY 99 3.05% 5 ther (please specify) 14.63% 24 Answered 164 Skipped ill Appendices 80 Packet Pg. 141 Question 23: What is your relationship with Edmonds' urban forest. (Choose all that apply) 7.A.c M am a resident of Edmonds M 95.12% 156 1 am a frequent visitor to Edmonds 10.98% 18 Own a business in Edmonds 6.71% 11 appreciate public trees 72.56% 119 planted public trees as a volunteerAMMIN 18.90% 31 1 help care for a public tree adjacent to my property 10.98% 18 J[have donated money to a non-profit foundation in support of public trees X15.85% 26 None of the above 0.61% 1 81 Appendices Packet Pg. 142 7.A.c Question 24: Please provide any additional comments or feedback (Optional) Answered 33 Skipped 142 Appendices 82 Packet Pg. 143 7.A.c Appendix D: Open House Summary Report On June 22nd, 2017, the City of Edmonds hosted the first of two open houses in the Brackett Room at City Hall to share information about the City of Edmonds Urban Forestry Management Plan and gather input from citizens. The open house included a presentation by Ian Scott of Davey Resource Group and a brief Q and A from the audience to ask clarifying questions. The presentation provided attendees an overview of Edmonds' urban forest, an introduction to what will be included in the Urban Forest Management Plan, and that the Davey Resource Group team has completed to date. Following the presentation, attendees were invited to provide input- thoughts, ideas, concerns, questions- on six discussion/opinion boards where a broad topic was introduced on each board followed by initial suggestions generated through the prior stakeholder interview process. Attendees were invited to express their opinions using dots (where green= a positive "vote"/ agreement for the suggestion, yellow= concern/ hesitation of the suggestion, and red= a negative "vote"/disagreement or dislike of the suggestion). Attendees were invited to use as many dots of each color necessary to express their opinion of each suggestion on each board. In addition, each board provided an area for Additional Suggestions where attendees were invited to write down their thoughts, ideas, concerns, questions on a sticky note and adhere it to the board for other attendees to review and "vote" on, as well. Lastly, a confidential and anonymous option was provided for attendees to provide comments and feedback by writing their thoughts, ideas, concerns and questions on index cards that were placed inside a box and not shared at the public meeting. The Davey Resource Group team also provided a link for attendees to give additional feedback through an online survey. That survey can be accessed via the home page on the City of Edmonds website, under the "What's New..." section: • https://www.surveymonkey.com/r/ EdmondsUFMP Local media provided public announcements of the open house leading up to the event: • http://myedmondsnews.com/2017/06/ rem inder-open-house-managing-citys-tree- cover-set-june-22/ • https://edmondsbeacon.villagesoup.com/p/ open-house-planned-to-discuss-managing-city- s-tree-cover/1660111?source=WeeklyHeadlines My Edmonds News covered the open house and provided a news story and video of the presentation to the public: • http://myedmondsnews.com/2017/06/public- asked-share-ideas-managing-edmonds-urban- forest/ • http://myedmondsnews.com/2017/06/now- video-open-house-plan-manage-edmonds- urban-forests/ 83 Appendices Packet Pg. 144 7.A.c nnininn Rnarrl ffl • \A/hat train hanafitc rin vnii mnct nnnrarinta? A. Improved Air Quality 1n B. Energy Savings 4 0 0 Reduced Stormwater Runoff 14 W D. Carbon Storage 7 1 0 E. Wildlife Habitat 14 0 0 F. Beauty/Aesthetics 12 0 0 G. Shaded trails, sidewalks, and bike trails 4 0 3 H. Improved retail areas and neighborhoods 3 1 4 I. �Increasecl prop 7 2 3 J. Shaded streets and parking lots 4 1 0 K. Additional Ideas Wind protection (think roof shingles); noise reduction; shade- calm/healing; sound of wind through branches; hi -class (untreed neighborhoods proven to have higher crime- "the projects" 0 0 0 don't get trees, Bellevue does); soil retention; cools streams; coastal trees involved in weather cycle to prevent inland desertification City revenue increase with more views 0 0 0 Air quality requires big, tall trees 0 0 1 Appendices 84 Packet Pg. 145 7.A.c Opinion Board #2: What types of outreach and education are preferred/valued? A. Electronic (websites, links, youtube, apps) i. Species selection Tre iii. Tree pruning Interactive tree selector V. Irrigation olunteer opportunities B. Hard copy (pamphlets, newsletter) Species selectio ii. Tree planting Tree pruning iv. Irrigation C. Hands-on (Wormshops, seminars) i. Tree planting Tree pruning iii. Irrigation Volunteer opportunities 2 _0 0 4 0 0 1 0 0 4 1 0 1 1 0 1 0 0 1 0 0 3 0 0 3 1 0 1 0 0 3 = 1 1 0 0 0 0 2 2 0 0 5 0 0 0 1 D. Additional Ideas 7 1 0 Lleighborhoo or education and outreach 0 - Maybe a pamphlet with a map of specific trees of interest 0 0 0 Pamphlets telling what species of trees on city property - amount of carbon storage, % stormwater absorption- info which appeared tied to Main St trees for a very short time. Maybe 0 0 0 story in the Beacon [local newspaper with print and online circulationl New name needed 0 0 0 85 Appendices Packet Pg. 146 7.A.c Opinion Board #3: What is/are your biggest concern(s) for trees in Edmonds? A. Trees blocking my view 11 L-1 9 B. Trees shading my yard 3 0 7 STree debris in 1 5 D. Healthy mature trees being removed 12 0 3 Canopy loss 3 F. Loss of wildlife habitat 15 0 3 G. Additional Concerns Private development- current Edmonds land use code allows developers to completely clear treed lots for development 1 0 0 (residential, commercial, etc). This is not okay. It disrupts urban omeone who would be willing to negotiate or help mediat between neighbors having difficulty with trees vs. view, perhaps 1 0 01 to come to the home if asked and accepted by both parties Need to address invasives in our forests that prevent the establishment of seedlings. Without that there will be no forests Critical areas ordinances are not followed- All native vegetation is removed for development This becomes a question of aesthetics- learn to see trees, which are beautiful and characteristic of the luxuriant NW where we have chosen to reside- as the "view". Trees are very connected to the idea of "the commons" in which we have not much I believe these green dots indicate agreement with the stated additional concern. ***Note: for this opinion board: Green dots = concerned Red dots = not concerned 0 0 0 0 0 2 0 0 Appendices 86 Packet Pg. 147 7.A.c Opinion Board #4: What level of maintenance would you prefer for Dublic trees? A. None (keep them natural) 4 2 B. Best possible care (all trees should look good) 7 1 3 Mlearan� (keep sidewalk street ear) —I= 1 1 D. Take care of hazardous trees 10 2 0 lolistic plant health care (improve the urban forest, but not necessarily every tree) 3 0 F. Additional Ideas In past, City has been resistant to allow removal of dangerous and dying trees even when 3 arborists said remove. Need 0 0 0 process to effectively deal with dangerous trees. Utilize/ plant and replace trees that "heave" the sidewalks. ie- avoid trees that interfere with built environment. 2 0 0 Native trees preferred. Alder are not trash tree 0 0 Edmonds is a City of Views- Very important that property owner's views are protected. As a first step/tonight's meeting working together to protect environment as well as property 0 1 0 owners will put this plan in a more optimistic mode. There were not actually green dots placed on this Additional Idea sticky note, but two other people wrote "Agree" directly on the note itself. 87 Appendices Packet Pg. 148 7.A.c Opinion Board #5: Where would you like to see more trees planted? A. Parks s 10 0 0 B. Open Spaces 10 0 1 C. Commercial proper} 9 2 0 D. Streets and medians 7 3 2 r- E. Parking lots 0 F. Private properties 8 1 1 F. Additional Ideas Along railroad- need tall ones to defray pollutants. Along all 1 0 0 arterials for same reason. Along streams to keep them cool Appendices 88 Packet Pg. 149 7.A.c Opinion Board #6: What are the best ways to encourage tree M planting and preservation on private property? A. Free (or low-cost) trees 10 - 0 0 B. Information about how to hire a professional tree care 3 0 0 company C. Education and Outreach 16 0 0 D. Tree planting events 5 0 0 JE. Additional Ideas Update land use code so developers cannot clear all of the trees 3 0 1 when building. Current code allows to clear the entire lot. Education- slow but steady sot at folk begin to know that alll the oxygen we breathe is produced by (largely) trees- for "views" 0 0 0 we can cut out our lungs. Provide ideas for good trees that are more like 15 ft tall in order 3 0 0 to keep both trees and preserve view. City needs a full-time arborist. Codes should:i 3 0 0 Neighbor education and outreach (about critical areas and streamside property management more important than public 0 0 0 meetings for general public) 89 Appendices Packet Pg. 150 7.A.c � r 1. W�at tree benefits do ynu FRTDst 2. What types of outreach and 3. What is Are your biggest l appreripte? education are preferred valued? concern(s) For trees in Edmonds? f.a.^,,,e-t-r A. Eleorgnie [Websile, Links, Youtube, APPO S A. Imas blocking my Maow * • Ar *see M. I�N+a[i Trte s.i..io. • S. Trees shading my Yaod 0 is • • • • e eee+# M. p•rFrArMr—FdN 14#04'�f rdrnr ME 4. What level of maintenance would You prefer for public trees? A. NoneIKeep fhc—pteralj # �� BeirpQfFibl+cure {atkfraas sha,rld lank goad] • C. Clearance only Ikaap ikda lks d, i"e+, drrreF]I • D. Yoko Gorr) Vf 6—dosri tra— { ID **IF 404POO E. Hausa Plane He6l%Cwe1Isnprow the .,bon F6Fas1, but rsar neLlFF4rily every rreej 000 * # # IM F. Add6ena11deas B. Hard Copy IRamphlafs, NtWslel►aFF)#O i. $P«w Uk", -Sa & . r�Pdenrnq � �r. Inipunp„ [- Hond;F•On Morkslrgys. SemIeOFF} 00 e T— Pl.." R rri WOM Iv. VA�rl3Wq. e.i ;6,6 C. Traa 6abria in my yard 0 • ♦• i D, Fleallhy WCTUF4 tFdM%baing ramorad * • 00 • * e :1501 F. Canopy No%%a 00 jo0a00 F. LussotwildRPehabr►of 000*0*Ifib a •09 sib* • 0 D. Add iGgnal ldenc �"'` 1� G. Add ilional ConL#mf Oareeei wy Clrl4YRPSh •• _ 6. What are the Kest ways to encourage tree planting and 5. Where would you like to see more preservation on private property. trees planted? A. Fr" (or low-cosl; Trees A. Parks ® ***e a*�+ aP+0 Spaces C. Commercial Prapwias. • 00 Is 0* *i D. Streeri and Medium fe E. Parking Lori % : e 0 0 • G. Additional ldeaF - * a IiS. InfoFnio6on about how to hire a prvfemskmal lrea care SGrnpany C. Edrxcdion and Ouhaurh # D. Tree Plpnl;ng Evenis #0"• E. Addiiionalldeas - Ibis 00 fA C 0 7 d 0 ci d L M FL c at E a� ca C �a r Cn at L 0 LL c rn c 0 E W M C d t Q C V Q Appendice.,, 90 Packet Pg. 151 7.A.c Additional anonymous comments: Change name "Urban Forest"- bad impression, oxymoron. Suggestion- Best plant/tree for Best location • Wondering what is/can be done to encourage people to maintain views for neighbors around them? • Let's separate view areas from non -view areas. Right tree for right location. I am concerned about safety regarding older trees in both private and public spaces. We have 70+ year old trees in our neighborhood that lose branches with most wind storms. Who watches out for the health of those trees and probability of danger? Most people would have no idea where to begin, let alone be able to afford to do something like hire an arborist. (signed J Thompson) Questions from the public asked during the presentation: Question regarding how the 30% canopy cover was determined- comment that that number seemed really high. Wondering if there is a uniform process used by all cities. Made comment that grants were judged by how much canopy a City had. Asked for clarification on what the process that was used to determine 30% canopy cover. • Question asking for clarification of the intention of the UFMP- to handle City trees (as stated in an early slide) or is it actually expanded to handle private trees too. Commenter asked for clarification on defining "what is a tree"- a 30ft lilac ... is that a tree? A big rhododendron- is that a tree? • Commenter referring to tree planting suggestions (provided an sign in table on yellow paper)- had a question about why is there not any evergreen on that suggestion guide? Commenter asked question regarding tree topping being preferable to cutting a tree to the ground. Expressed concern over making a "blanket rule" that tree topping is bad or not preferable. Question regarding information on what kinds of trees do what kinds of things- eg. a fir versus an oak- and where is that kind of data available at? Question referring to the chart shown in the presentation comparing Edmonds with other cities- does that chart take into consideration view property- does it differentiate where there are view properties and where there are not? Commenter suggested that a significant portion of the City [of Edmonds] has views. 91 Appendices Packet Pg. 152 7.A.c Attendance City of Edmonds: • Dave Teitzel, Edmonds City Council • Shane Hope, Development Services Director • Carrie Hite, Parks, Recreation & Cultural Services Director • Phil Williams, Public Works and Utilities Director • Kernen Lien, Senior Planner • Rich Lindsay, Park Maintenance Manager • Jeanie McConnell, Engineering Program Manager • Brad Shipley, Planner • Debora Ladd, Parks Maintenance Staff Project Team Members: • Ian Scott, Davey Resources Group • Ian Lefcourte, Davey Resources Group • Keeley O'Connell, Nature InSight Consulting Members of the public: • Approximately SO Appendice- 92 Packet Pg. 153 7.A.d 2020 Edmonds Tree Regulations Update —Topic Matrix Topic Existing Code Possible Amendment Concepts Tree Retention ECDC 18.45.050 notes that "trees shall be retained to the maximum extent feasible." One of the primary concerns we've heard with regard to tree removal in the City of Edmonds is when trees are cleared from a site during the subdivision and/or development of properties. The City could explore regulations The critical area code has a 30% retention of native vegetation requirement for that require a certain amount of trees to be retained and/or planted when a site is developed. If trees are removed properties in the RS-12 and RS-20 zones being subdivided if associated with landslide beyond an established threshold, developers may be required to pay into the Tree Fund. hazard areas, streams, or wetlands (ECDC 23.90.040.C). Apart from the 30% native vegetation requirement in the critical area code, there is no specific tree retention requirement for properties within the City of Edmonds. Low Impact Development Low impact development (LID) in the City development code is primarily related to One of the primary concerns we've heard with regard to tree removal in the City of Edmonds is when trees are stormwater management. ECDC 18.30.010 (definitions related to stormwater code) cleared from a site during the subdivision and/or development of properties. One way to maintain more trees on defines low impact development as "a stormwater and land use strategy that strives to the site is to employ LID planning principles in the subdivision process. Current subdivision and zoning standards do mimic predisturbance hydrologic processes of infiltration, filtration, storage, not allow much flexibility and by the time the required access, setbacks/developable area, and utilities are applied evaporation and transpiration by emphasizing conservation, use of on -site features, site to a site, often must of the trees end up being removed. Some flexibility during subdivision design that may be planning, and distributed stormwater management practices that are integrated into a explored include flexible setbacks (e.g. modify interior setbacks while maintaining standard exterior setbacks), project design." However, low impact develop principles may be applied much broader, cluster developments, flexible lot design (altering lot width and/size requirements while maintaining the underlying for instance ECDC 24.90.030 (shoreline master program definitions) defines LID zoning density). principles as "land use management strategies that emphasize conservation, use of on - site natural features, and site planning to minimize impervious surfaces, native vegetation loss, and stormwater runoff." Tree Fund The City of Edmonds currently does not have a dedicated Tree Fund Establishing a Tree Fund will be part of the update. Tree Fund management will likely be established in a new chapter located in Title 3 ECC. How money makes it into the tree fund and what the funds may be spent on will have to be explored. Potential funding options include tree cutting violation penalties, dollar amount per tree removed during subdivisions (see Tree Retention), or deposit for replacement trees not planted to meet retention requirement (see Tree Retention topic). Tree fund could be used to issue tree vouchers (money to purchase trees for planting), planting trees elsewhere in the City, funding tree education activities, or other tree related activity. Incentives There are currently not incentives to retain trees or plant trees within the City code. The Urban Forest Management Plan included a specific goal to incentivize protecting and planting trees on private property which included: A. Have a program of giving away trees and/or tree vouchers for use in Edmonds B. For properties that retain a certain amount of tree canopy cover, explore establishment of: i. A property tax "rebate" applicable to the City portion of property taxes; and/or ii. A stormwater utility fee reduction; and/or iii. Other techniques that provide a financial recognition of the benefits of tree planting and protection. C. Develop a certification/awards program to publicly recognize property owners that maintain a certain amount or type of healthy trees Allowing more flexibility during development of site, such as discussed in the LID topic, also provides an incentive to retain more trees during development. Page 1 of 2 c 0 r a� a� m 0 U m m x r R Q 0 Packet Pg. 154 7.A.d Topic Existing Code Possible Amendment Concepts Tree Definitions ECDC 18.45.040 currently defines tree as "any living woody plant characterized by one Trees may be defined a number of ways and regulations applied to only certain types of trees. Examples include main stem or trunk and many branches and having a caliper of six inches or greater, or a "significant tree", "protected tree", "landmark tree", "heritage tree", or "street tree". Additionally, some multi -stemmed trunk system with a definitely formed crown." jurisdiction except certain species of trees from their tree regulation requirements (such as red alder). Tree definitions will be explored. Permits/Tree Cutting Review for Currently exemptions from permitting requirements are located in ECDC 18.45.030. The disparity in application fees and process between existing single-family and multi-family/commercial properties Existing Developed Properties Generally speaking, developed single-family properties with no critical areas are exempt should be addressed. from tree cutting permits. If there are critical areas present and the tree is not determined to be a hazard tree (ECDC 23.40.220.C.8.b) then a permit is required to cut The current exemption list contains some dated language and inconsistencies with the critical area code. As such a tree (which includes topping). When a permit is required on single family properties, the exempt activities should be reviewed. Another exemption consideration should be given to nuisance tree it is a Type II staff decision with notice. Type II permits cost $1,010 ($970 application removal. For example, a tree that is not considered a hazard tree but continually damages sewer lines or is buckling fee plus $40 technology fee). In addition to the application fee additional costs may a driveway with its roots may be removed without a permit similar to a hazard tree. include arborist reports and/or critical area reports such a geotechnical report. For existing multi -family and commercial properties tree cutting is reviewed a Type I design review to ensure the property would still comply with the landscaping requirements of Chapter 20.13 ECDC. Type I permits cost $315 ($275 application fee plus $40 technology fee). If critical areas are present, additional reports may be required. Hazard tree removal does not require a permit, but does require review by staff. There are no City fees associated with a hazard tree removal review, however there is cost to an applicant to hire an arborist to document the tree as a hazard tree. Penalties/Fines Violations and penalties for tree cutting violations are currently contained in ECDC The code currently defines a tree as any living woody plant characterized by one main stem or trunk and many 18.45.070. Base penalties may be assessed accord to the size of the tree; civil penalty branches and having a caliper of six inches or greater, or a multi -stemmed trunk system with a definitely formed in an amount not to exceed $1,000 penalty for a tree of up to three inches and $3,000 crown. The critical area code also permits the removal of trees less the 4 inches dbh (diameter at breast height) as for a tree three inches or more. These fines are trebled if the tree is located in a critical an allowed activity. Given the current code includes penalties for trees that are smaller than the definition of tree area or the right-of-way for a maximum fine of $9,000 per tree. and trees which may elsewhere in the code be removed from critical areas as an allowed activity, the penalty section should be review and evaluated to establish an appropriate penalty for violation of the City's tree cutting regulations. Any penalties assessed could be deposited in the Tree Fund account. Code Location Tree and vegetation management is spread throughout Edmonds Community Title 18 ECDC is primarily related to Public Works requirement. Since Chapter 18.45 ECDC is related to tree Development Code (ECDC). Primary tree code is located in Chapter 18.45 ECDC — Land regulations on private property and administered by the planning manager, a new chapter (Chapter 23.10 ECDC) Clearing and Tree Cutting Code. Other tree and vegetation regulations are contained will be created in Title 23 ECDC Natural Resources to house the main tree related code chapter. Other potential within Chapters 23.40 — 23.90 ECDC critical area code, the Title 24 ECDC — Shoreline tree related code amendments may be applied to Chapter 20.75 ECDC — Subdivisions that would allow flexibility in Master Program, and Chapter 20.13 ECDC — Landscaping Requirements. subdivision design to encourage more tree retention as noted in the LID and Tree Retention topics. Page 2 of 2 c 0 a� a� m 0 U m m t= x R Q 0 m a 0 a 0 am am m m c 0 E w v c a� E U c� a r c m E t R r a Packet Pg. 155 7.A.e November 101. The City Council will hold a public hearing, as well, and the goal is for them to be adopted along with the budget. Board Member Cheung asked if the City has considered providing power outlets on the fishing pier. Ms. Feser answered that there are power outlets and lighting on the pier. However, the system can be tripped by large number of squidders on the pier with powerful lights and heaters. There is limited capacity and access to the outlets, so people do bring small generators. Board Member Rubenkonig recalled that the Planning Board spent a lot of time contributing to the Civic Park Master Plan. She expressed her belief that the plan is good. However, she asked why the "rain garden" was changed to a "stormwater garden." Ms. Burley answered that it was simply a designer's interpretation of how the area would function to filter stormwater. There was no change to the plan. Board Member Rubenkonig said she loves that the view terraces are still part of the plan for the hillside. This area will provide a nice, long perspective of being able to look out on Edmonds. However, she asked when the scramble wall was added. Ms. Burley said the scramble wall was part of the originally -approved master plan. Given that it is one of the more costly elements of the plan, it is being bid as an alternate to ensure the park can be developed with or without it. Board Member Pence asked if the City has done a survey of which areas are short of parkland. A survey would allow the City to target future land acquisitions to address these shortfalls. Ms. Feser said they would use the current PROS Plan as a guide. There is information in this plan that reflects the community's priorities for land acquisition. She has also proposed that the City adopt a Land Acquisition Strategy Study and Implementation Plan to further identify the community's priorities for land acquisition. The plan would provide criteria and outline an evaluation process for consideration of potential land acquisitions. Geographic distribution of resources should be a key piece of the plan. Edmonds is primarily built out, so there is a lot less opportunity to purchase additional parkland and/or open space. Board Member Pence asked how long it would take to get the Land Acquisition Strategy Study and Implementation Plan in place. Ms. Feser said a chunk of the project could be done in house, but statistically -valid community engagement will be a key piece of the project. The community engagement piece for the Land Acquisition Strategy could be done concurrently with the PROS Plan update. She estimated it could take up to a year to complete the community engagement work. Board Member Cheung voiced concern that a budget of $200,000 per year for land acquisition isn't a lot given the high cost of land. Ms. Feser agreed. She explained that funding is needed for site surveys, appraisals, and other projects that are part of the City's due diligence process. The funding could also be used as leverage for grants. TREE CODE REGULATIONS UPDATE Mr. Lien reviewed that the City last worked on a Tree Code update in 2014 and 2015, and it drew a lot of public interest when it was presented to the Planning Board. Rather than forwarding a recommendation to the City Council, the Planning Board recommended the City develop an Urban Forest Management Plan (UFMP) that established policies and goals to guide the Tree Code update. The UFMP was adopted in July of 2019, and implementation of the plan is underway. Implementation includes updating the Tree Code, updating the Street Tree Plan, and completing an inventory of existing street trees in the downtown. Mr. Lien said the goals for the Tree Code Update are to focus on private property, improve tree retention with new development, implement low -impact development principles, and establish a Tree Fund. Other updates included in the process include reviewing the definitions, existing permitting process and penalties. Currently, there is a disparity between the cost associated with tree -cutting permits required for single-family development versus multi -family and commercial development. Mr. Lien referred to UFMP Goal 1, which calls for maintaining or enhancing citywide canopy coverage. Actions related to this goal include: • Update the tree regulations to reduce clearcutting or other development impacts on the urban forest and consider changes to tree replacement requirements and penalties for code violations. Planning Board Minutes October 14, 2020 Page 8 Packet Pg. 156 • Adopt a policy goal of no net loss to overall tree canopy and continue to enhance canopy in parks according to the PROS Plan. • Ensure protection of tree resources in environmentally critical areas. • Establish a tree bank or fund to which donations can be made for tree planting and other tree programs. • Use any penalty fees for tree cutting violations to fund tree programs. Mr. Lien referred to the draft Tree Code (Attachment 3). He explained that, currently, the tree regulations are in Edmonds Community Development Code (ECDC) 18.45 (Public Works), and staff is proposing to move the bulk of these regulations c to a new chapter ECDC 23.10 (Natural Resources). This new chapter would address exemptions, permit processes, 0 definitions, tree retention, tree protection, tree replacement and violations. A new section would also be added to ECDC a 20.75 (Subdivisions) titled, "Conservation Subdivision Design Flexibility." The new section would use the low -impact development principles as a way to retain more trees with development. Lastly, a new chapter would be added in Edmonds City Code (ECC) 3.95 (Funding) that would establish the Tree Fund. 0 Mr. Lien said the Tree Code is scheduled for review at every Planning Board meeting through the end of 2021. A public V hearing is tentatively scheduled for December 9'. His goal is for the Board to focus on two or three sections of the code at i each of the meetings. Board Member Monroe asked if the intent of the code is to effect only new development or to address how people manage trees on their own property. He suggested there should be a distinction between a developer who wants to clear cut a parcel versus a private property owner wanting to cut down a tree he/she doesn't like. Mr. Lien said one of the main purposes of the Tree Code is to address tree retention associated with development activity. The code would apply to new subdivisions, multi -family development, new single-family development on large lots, and tree removal on developed sites that are not specifically exempted. The intent of the code is to retain more trees when development occurs. Board Member Rubenkonig recalled an issue that came up years ago with the Architectural Design Board. A property owner on Olympic View Drive wished to harvest a forested property that she owned, and there was nothing in the code to prevent that from occurring. Eventually, the entire property was developed, but no plans were in place when the property was clear cut. She asked if the draft Tree Code would address situations of this type. Mr. Lien said forest practices are allowed by the State of Washington Department of Natural Resources. However, you do not typically see forest management in the City of Edmonds. Provisions in both the current code and proposed code would prohibit clearing of a site for the sake of sale or future development. Board Member Cheung asked how the public would be informed about the potential changes prior to the public hearing. Mr. Lien said staff would work with the City's new Public Information Officer to get the news out. The issue could also be raised at Mayor Nelson's upcoming neighborhood meetings. Board Member Cheung suggested that the City Council should be advised that the Planning Board will be working on the Tree Code in coming weeks. Mr. Lien said he made a presentation to the City Council on the broad update and mentioned that the issue would be on the Planning Board's agendas through the end of the year. Mr. Chave noted the extensive amount of material that was provided to the Board. He suggested the Board Members could forward comments and questions they want addressed at the next meeting to staff via individual emails to Ms. Martin and Mr. Lien. Chair Robles asked if the Board's discussions should follow the matrix of high-level issues that was provided by staff or the start by reviewing the highlights and changes to the code. Mr. Lien said the matrix he presented at the Board's September 9fl' meeting identifies the broad topics that are included in the Tree Code. Moving forward, he would rather focus on the actual draft code language. Chair Robles suggested that the Board should review the draft code language and be prepared to start discussions at their next meeting. Mr. Lien commented that the Board's October 28' meeting will include a public hearing on the CFP and CIP, so their work on the Tree Code will be limited. However, their November meeting would focus solely on the Tree Code. He noted that November I I' is Veteran's Day, so it is likely that the Board would need to hold a special meeting on November 18'k'. A public hearing is tentatively scheduled for December 91h Planning Board Minutes October 14, 2020 Page 9 Packet Pg. 157 7.A.e Mr. Lien said the City Council is anxious to start their review of the Tree Code. The December 9' public hearing could be an opportunity to solicit initial comments and ideas from the public, and the Board may want to have another hearing before making a recommendation to the City Council in early 2021. Chair Robles said he anticipates a great deal of public participation at the hearings, and he is concerned that there won't be enough time to disseminate the draft code to the public prior to the hearing. He asked if staff anticipates a lot of opposition from the public. Mr. Lien said he tried to draft a balanced Tree Code that implements the goals and policies in the UFMP. He was present at the public hearing for the previous draft Tree Code and heard the comments and concerns that were presented by the public. He suggested that the first public hearing in December could focus on the concepts in the Tree Code to make sure the Board is heading in the right direction. Board Member Cheung suggested that staff prepare a summary of the topics and potential changes that are discussed at each of the Board's study sessions. This would provide helpful information for the public to review prior to the public hearings. Given that the public hearings will be virtual, he suggested that publishing summaries of the proposed language and the Board's discussions and soliciting written comments from the public before the hearings would be appropriate. Alan Mearns, Edmonds, suggested that the City publish articles in the local newspapers to introduce the UFMP goals and polices and the long-term vision the Board will be working on. The next step could be to publish summaries of the Board's discussions as they study the issue and prepare for the public hearing. This approach would essentially warm the community up to the subject, with a big focus on the goals and objectives. Chair Robles commented that having an adopted UFMP with clear goals and policies in place will be a significant benefit as the process moves forward. All of the controversial issues that were raised regarding the previous draft Tree Code have been settled by the UFMP. The only argument that remains is the issue of view versus forest. He supports Mr. Lien's recommendation to break the discussion into sections. Mr. Lien agreed to meet with the Chair and Vice Chair to establish a schedule for the upcoming discussions. Board Member Rubenkonig expressed her belief that the public hearing on the previous draft Tree Code was very productive. The outpouring of concern was made very clear to the Planning Board. The community was listened to, and the Planning Board learned a lot. The UFMP, which was eventually adopted by the City Council, took form from that engagement. Chair Robles agreed that the UFMP was the correct outcome of the previous public process. Mr. Lien noted that the UFMP was included in the Board's October 141h meeting packet and he doesn't plan to attach it to future packets. The actual code language will be the focus of discussions going forward. Chair Robles encouraged the Board Members to download the UFMP to their files for future reference as the process continues. REVIEW OF EXTENDED AGENDA Chair Robles reviewed that the extended agenda for the remainder of the year will focus on the Tree Code. However, a public hearing on the draft CIP/CFP is scheduled for October 28th. The Board agreed to reschedule their November 11`h meeting to November 18'. PLANNING BOARD CHAIR COMMENTS Chair Robles did not provide any additional comments. PLANNING BOARD MEMBER COMMENTS Board Member Pence voiced concern with what happened with the Planning Board recommendations on the Comprehensive Plan amendments related to properties on 9th Avenue North and in Perrinville. The Planning Board went through a thorough process and made recommendations that were different from the staff recommendations, and he assumed that staff would present the Planning Board's recommendations to the City Council. Subsequent to the staff's presentation to the City Council, a letter to the editor was published in My Edmonds News on October 31 pertaining to the proposed amendments. There were numerous comments, several of which took the City to task for only presenting the staff s recommendation to the City Council. The Planning Board recommendations were downplayed or not discussed at all. He reviewed the agenda c 0 :r M M aM d d 0 c� m d L H Planning Board Minutes October 14, 2020 Page 10 Packet Pg. 158 7.A.f Board Member Monroe summarized that, as per staffs response, he shouldn't be concerned that the $17 million cost of the project has been allocated to the stormwater fund. Staff will spread the cost out to include regional funding rather than relying primarily on the stormwater rate payers to foot the bill. Mr. English clarified that it is not the intent that the project be funded solely by the stormwater fund. While it is a stormwater project, the CFP notes there is unsecured revenue for the project. This unsecured revenue will come from grant sources, and the project will be funded by multiple sources. Board Member Rubenkonig concurred with Board Member Monroe's concern about adding burden to the stormwater fees that the citizens of Edmonds pay for. Board Member Monroe is the point person on the Board when it comes to looking for budget y items for capital projects. She hopes the City Council will consider his comments and particularly look at the burden that is c being placed on the citizens via their stormwater management fees. She understands the staff s point of view, and she trusts the City staff will continue to pursue grants. But Board Member Monroe's point is well taken and should be carefully 5 tM considered. She recalled that the City Council has considered funding options for this project in years past, including whether or not to float a bond issue. d Board Member Cheung asked staff to respond to the comment letter that was submitted by Mr. Phipps, a representative of Save U Our Marsh. Mr. English said one of the suggestions was to move the project from the stormwater fund to the park funds. The other comment was to stop work on the project until the ownership issue is resolved. He explained that the two projects scheduled for 2021 are small, and there is no proposal to move the design forward in 2021 other than potentially looking at another alternative alignment. There has been a lot of input from the community about the alternatives that have been Q- considered in the past and that perhaps a hybrid alternative would be a better fit. Ms. Feser added that the Marina Beach Park x and Daylighting of Willow Creek Projects support the marsh restoration project. It will definitely be beneficial for improving w the water quality and restoring the ability for saltwater to come back into the marsh. She would hesitate to pause the project when they are at 30% design and have secured a $500,000 grant with the possibility of another $500,000 grant. The Marina Beach Project can progress independently of the marsh project. c Vice Chair Rosen said his understanding is the original concept for the 4t' Avenue Cultural Corridor extended from Main Street to 3rd Avenue. However, it now terminates at Daley Street. He asked why this was changed. He said he would prefer that the corridor terminate at 3rd Avenue. Ms. Feser suggested there might be some misinformation. She believes the project will extend to 3rd Avenue, but there was some conversation at the City Council level that it should go further. She agreed to provide the Board with background information about the project by the end of the week. BOARD MEMBER RUBENKONIG MOVED THAT THE BOARD FORWARD THE DRAFT 2021— 2026 CAPITAL IMPROVEMENT/CAPITAL FACILITIES PLANS TO THE CITY COUNCIL WITH A RECOMMENDATION OF APPROVAL AS PRESENTED BY THE DIRECTORS AND STAFF OF THE PUBLIC WORKS AND PARKS, RECREATION AND CULTURAL SERVICES DEPARTMENTS. BOARD MEMBER CHEUNG SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. TREE CODE REGULATIONS UPDATE Chair Robles commented that the Urban Forest Management Plan (UFMP) is brilliant in its ability to glean input from the citizens, the limitations and constraints of staff, and where the City wants to go. It does exactly what the Board was hoping it would, which is to provide guidance for the Tree Code. He said Mr. Lien did a great job synthesizing the information in the UFMP into the draft Tree Code. Mr. Lien explained that the draft Tree Code update focuses primarily on private property, with a goal of improving tree retention with new development through the implementation of low -impact development principles and an established tree fund, as well as improving the existing permitting process and penalties. The update also clarifies a number of definitions. He said some of the goals in the UFMP that are addressed in the draft update include: • Goal LA — Update the tree regulations to reduce clearcutting or other development impacts on the urban forest and consider changes to tree replacement requirements and penalties for code violations. The draft regulations are intended to accomplish this goal. Planning Board Minutes October 28, 2020 Page 9 Packet Pg. 159 7.A.f Goal LB — Adopt a policy of o net loss to overall tree canopy and continue to enhance canopy in parks according to the Parks, Recreation and Open Space (PROS) Plan. The draft regulations do not specifically adopt that policy, but it was taken into consideration when they were written. Goal 1. C — Ensure protection of tree resources in environmentally critical areas. Goal LD — Establish a tree bank or fund to which donations can be made for tree planting and other tree programs. This goal specifically notes to include tree penalties in the code. Mr. Lien explained that the current tree regulations are located in ECDC 18.45. As proposed, the draft Tree Code has been c broken into three parts, and the majority will be located in the new Edmonds Community Development Code (ECDC) 23.10. o There will also be a new section in ECDC 20.75 (Conservation Subdivision Design Flexibility), and the provisions for a tree M fund will be in the Edmonds City Code (ECC). M a� d Mr. Lien advised that there is some urgency associated with the Tree Code. A development moratorium for subdivisions and short plats was proposed to be placed on the City Council's October 27t' agenda, but it was postponed to their first meeting in o November. The proposal would place a moratorium on subdivisions until the Tree Code is done. He reviewed the schedule V for the Board's work on the draft Tree Code, which will involve two work session on October 28t' and November 18t'', and a d public hearing on December 9th. He is also scheduled to present the draft Tree code to the Tree Board the first week of H November, and the City's Tree Team will continue to review the draft and provide input, as well. • ECDC 23.10.000 — Intent and Purpose. Mr. Lien explained that he reviewed tree codes from a number of jurisdictions and picked pieces of each one that he felt would fit with the City of Edmonds and then tweaked them as needed. He noted that Items E and F in this section are in the current tree regulations. He expressed his belief that the 9 items in the section outline the purpose and intent of the Tree Code and match up with the goals in the UFMP. They focus on: • Retaining trees with development, preserving the maximum number of trees that are determined to be appropriate. • Promoting site planning and building development practices that work to avoid removal or destruction of trees and vegetation. • Avoiding unnecessary disturbance to the City's natural environment. • Providing landscaping to buffer the effects of built and paved areas. • Encouraging tree retention by providing flexibility with respect to certain development requirements. • Retaining as many viable trees as possible. • Mitigating the environmental and aesthetic consequences of tree removal in land development through on -site and off -site tree replacement to help achieve a goal of no net loss of tree canopy throughout the City. • Implementing the goals and objectives of the Comprehensive Plan. • Implementing the goals and objectives of the UFMP. Board Member Rubenkonig said she will submit some edits to staff. In addition, she suggested that the term "aesthetic character of the City," which is used in Item A, should be defined. She referred to the term, "realization of a reasonable enjoyment of property," which is used in Item F. While this is likely a legal phrase that the City and developers would use to allow room for flexibility, she felt it should be clarified. Mr. Lien invited the Board Members to send their comments related to topographical errors to him so they can be incorporated into future versions of the Tree Code. He said he would provide underline/strike out versions to illustrate where changes were made. Mr. Lien reminded them that the Intent and Purpose Section is intended to explain the philosophy behind the regulations and the definition section primarily focuses on the regulated terms that are within the code. He suggested that it might be difficult to define "aesthetic character of the City." Vice Chair Rosen suggested that, because the intent of the Tree Code is to avoid loss of canopy and, in the best of all worlds, the canopy would be enhanced, it would be appropriate to add "enhance" to the list provided in the opening sentence of ECDC Planning Board Minutes October 28, 2020 Page 10 Packet Pg. 160 7.A.f 20.10.000. This would reinforce that the goal is more than just maintaining the current tree canopy. Also, because Item A talks about the advantages of trees, it might be worth adding the words "biodiversity" and "environmental health" after the word "safety." Vice Chair Rosen asked where the draft provisions address trees that impact neighbors. If they are addressed, he suggested it might be worthwhile to weave the concept into the Intent and Purpose Section, as well. He understands that view is an important topic and a leading cause of many neighborhood conflicts. He also asked where this issue is addressed in the draft code. Mr. Lien answered that none of the provisions in the draft code specifically address neighbor impact and views. These are private y property issues that are difficult to regulate. Some people love trees, but others do not. Some people think trees block views, c and others consider the trees to be the view. Regulating neighbor impact and views is not a role he would suggest the City be involved in. Public views are mentioned in the Shoreline Master Program (SMP) and Comprehensive Plan, but the City doesn't M tM have any regulations that specifically deal with views. Vice Chair Rosen said he understands the City's position, but he suggested that it might be worthwhile to find a place to state this position somewhere in the draft Tree Code. Board Member Rubenkonig requested that a definition should be provided for "aesthetic consequences," which is used in Item U G. She also suggested that Items H and I should be moved to the beginning of the list. She said she would prefer that implementing the goals and objectives of the Comprehensive Plan and UFMP are listed first. Board Member Cheung suggested that Item E could be changed to also promote planting of new trees on developing sites. Mr. Lien referred to Item G, which talks about mitigating the consequences of tree removal in land development through on -site and off -site tree replacement to help achieve the goal of no net loss. Board Member Cheung said he is suggesting going beyond tree replacement for trees that are removed by providing some incentive for developers to plant additional trees beyond what is required. Board Member Cloutier reminded them of the City's goals to reduce CO2 emissions and have all operations be carbon free. While trees remove CO2, they could also hinder the City's goals. He referred to the concept of "solar easement" where a property owner establishes a solar array and enters into an agreement with neighbors that their access to light will not be blocked so they can continue to produce power. He asked if the draft Tree Code addresses this issue. Mr. Lien answered that it is not addressed in the Tree Code or elsewhere in the ECDC. Board Member Cloutier referred to a concept the Board discussed earlier that trees are good, but they must be planted in the right place. Mr. Lien said "right tree in the right place" is mentioned in the UFMP, but not everything in the UFMP will be implemented via regulations. Some aspects of the plan will be addressed via education and outreach. Board Member Cloutier concluded that it is important than none of the provisions in the draft Tree Code hinder the ability to have solar easements, since this would interfere with the City's ability to generate power, etc. Board Member Monroe pointed out that the draft provisions exempt a number of things, such as routine maintenance and the removal of trees on unimproved single-family lots. He suggested that these issues should be addressed in the Intent and Purpose Section. The more they can define the document in the opening statement, the better. Mr. Lien suggested that these issues are addressed in Item F that speaks to the realization of a reasonable enjoyment of property, which may require the removal of certain trees and ground cover. The draft provisions do not prohibit tree cutting on private property, and a number of exemptions are included. Again, Board Member Monroe suggested that this should be stated upfront in plain language. • ECDC 23.10.020 — Definitions Mr. Lien said it is important to make it clear when a tree is large enough to be subject to the Tree Code. As proposed: A. Significant Tree. A "significant tree" is one that is at least 6 inches in diameter at breast height as measured at 4.5 feet from the ground. K. Protected Tree. A "protected tree" is one that is identified for retention and protection on an approved tree replacement and protection plan, replacement in relation to a permit or plan, and/or permanently protected by an easement, tract, or covenant restriction. Protected trees are not eligible for an exception to the tree regulations. M. Specimen Tree. A "specimen tree" is a tree of exceptional size or form for its species or rarity as determined by the City's Tree Protection Professional. Planning Board Minutes October 28, 2020 Page 11 Packet Pg. 161 7.A.f Mr. Lien explained that, currently, the City defines "tree" as a "living woody plant characterized by one main stem or trunk and many branches having a caliper of 6 inches or greater, or a multi -stemmed trunk system with a definitely formed crown." In this definition, the word "caliper" is used in the wrong place. The term is typical used to identify the diameter at breast height (DBH). Currently, the new definition does not include the part about a multi -stemmed trunk system, but it is something the City's Tree Team and Tree Protection Professional will work to include. The issue is about how big a tree must be before it is regulated. Redmond might drop it down to 4 inches if it is determined to be a significant tree. Kirkland, Lynnwood and Issaquah all start at 6 inches, but Issaquah bumps it up to 8 inches for Alder and Cottonwood trees. Lynnwood specifically lists nonsignificant species that are not subject to their tree regulations. Shoreline has an 8-inch DBH requirement for conifers and 12-inch for non -conifers. The 6-inch caliper at DBH is consistent with the City's current code and with what most other jurisdictions do. He invited the Board Members to provide feedback about when a tree is significant enough to be subject to the regulations. Board Member Cheung asked if staff collect information from other Snohomish County cities such as Marysville and Everett. Mr. Lien said Everett does not define a significant tree. Instead, they rely on the subdivision code. Snohomish County doesn't define the term, either. Board Member Rubenkonig commented that Lynnwood is a bit more progressive by providing a list of nonsignificant trees that are exempted from their tree regulations. Her interpretation is that there would be no tree replacement requirement for the nonsignificant trees that are removed. In effect, they are trying to get rid of them. Mr. Lien clarified that Lynnwood defines nonsignificant trees that are unsuitable for urban or formal settings. Board Member Rubenkonig said it appears the intent is to encourage the removal of nonsignificant trees. Mr. Lien said he placed Alder and Cottonwood trees lower on the priority list of trees that should be retained. While they serve an ecological function, they probably are not desirable in residential settings. Board Member Rubenkonig added that these trees are more suited to critical environment areas rather than residential yards. Chair Robles asked why the code uses "diameter" instead of "circumference" to measure the size of a tree. Mr. Lien answered that DBH is the standard way to measure. Board Member Monroe suggested it would be appropriate to provide definitions for "tree topping" and "tree pruning." These distinctions could matter to some people. It would also make sense to provide a definition for "tree retention plan." Mr. Lien responded that anything that is mentioned in the code in a regulatory sense should be defined. He agreed that these three definitions should be added. He also invited the Board Members to identify additional terms that need to be defined. • ECDC 23.10.030 — Permits. Vice Chair Rosen referred to Item A and suggested the term "excessively prune" is too vague and subjective. Mr. Lien said cities frequently reference the American National Standards Institute (ANSI) Standards when it comes to tree maintenance. However, he agreed that a definition for "maintenance" needs to be added to ECDC 23.10.020, and maintenance does not generally include topping. • ECDC 23.10.040 — Exemptions Mr. Lien emphasized that the Tree Code would generally apply to short subdivision applications, subdivision applications, new multifamily development and new single-family development. However, similar to the current tree code, some exemptions would apply. As proposed, the following activities would be exempt: A. Removal of non -significant trees that are not protected by any other means (i.e. protected trees in critical areas). B. Removal of trees in association with rights -of -way and easements (parks, utility easements, etc.). C. Routine maintenance. A definition is needed, as discussed earlier. D. Removal of trees on an improved single-family lot or on a partially improved single-family lot, which is capable of being divided into not more than one additional lot, except for that portion of the property containing a critical area or its associated buffer. This is an exemption in the current code, as well. E. Removal of nuisance and hazardous trees with supporting documentation. A permit would not be required but documentation would be required. This exemption for nuisance trees is not in the current code, but staff is recommending it be included. Planning Board Minutes October 28, 2020 Page 12 Packet Pg. 162 7.A.f Board Member Monroe referred to Item A and suggested the phrase "any other means" should be changed to "this code." Mr. Lien agreed to consider this change. Chair Robles asked if the City has a map of its critical areas, and Mr. Lien referred to the City's website (www.maps.edmondswa.gov) that provides a variety of information such as zoning, planning, locations of utilities, critical areas, etc. However, he cautioned that the map does not show the exact location of all critical areas within the City. It provides a rough idea of where the critical areas are, and when development is proposed in those areas, the City does a site visit to y determine the exact location of the critical area. r_ 0 :r M Board Member Cheung requested clarification of Item D. Mr. Lien explained that an erosion hazard (15% to 40% slope) is M tM considered a critical area. He used the 25% slope that is mentioned in the current tree code, since that is when slopes start to get steep enough that the exemption would no longer be appropriate. The language is similar to a provision in the SMP. Board Member Monroe suggested that the list in Item B should include WIFI. Mr. Lien suggested that WIFI would be covered 0 as a communication line. Board Member Monroe suggested they could keep the language vague to say that any franchise utility could do what is necessary to maintain their facilities. They don't need to be listed out. Mr. Lien said he prefers to list them. If they want to include maintenance for cell towers, the language could be changed from "communication lines" to "communication facilities." Q- Ms. Feser also referred to Item B and asked if it would be more appropriate to say "city -owned properties" instead of "city - owned rights -of -way." This would make it clear that the exemption includes maintenance in parks, as well. Mr. Lien said the exemption was written specifically for utility purposes and not necessarily a park exemption. However, a park exemption could be added. ECDC 23.10.050 — Tree Removal Prohibited. Mr. Lien advised that, as proposed, tree removal would be prohibited for the following: A. Protected Trees. Removal of protected trees is prohibited, except as provided for in ECDC 23.10.040.(E) (Hazard and Nuisance Trees) or through an approved modification of a Landscape Plan. B. Vacant lots. Removal of trees from a vacant lot prior to a project development is prohibited except as provided for in ECDC 23.10.040(E) (Hazard and Nuisance Trees). This is similar to a provision in the existing code. C. Demolitions. Tree removal shall be prohibited as part of a permitted demolition except as required to reasonably conduct demolition activities subject to approval of the director. Tree replacement may be required for removed trees. D. Critical Areas. In critical areas, critical area buffers and in all -natural growth protection easements, tree removal is prohibited except as allowed per Chapter 23.40 Board Member Monroe referred to Item B and asked if using the term "prior to" would be difficult to enforce. It can mean different things to different people. Mr. Lien reviewed that the current code states that, "There shall be no clearing a site for the sake of preparing the site for sale or future development. Trees may only be removed pursuant to a clearing permit, which has been approved by the City." He expressed his belief that the new language in Item D is intended to accomplish the same thing, and he doesn't foresee an enforcement problem. He explained that the Tree Code is not intended to address forest practice applications, which isn't something that typically occurs in Edmonds anyway. As proposed, the code would prohibit someone from clearing a vacant property unless the trees were deemed hazardous or nuisances. Board Member Rubenkonig asked if there is a minimum lot size requirement for tree harvesting permits from the State of Washington. She pointed that developers can assemble properties to create larger areas for development and then take down trees years before submitting a development proposal. She suggested that Item B be changed by replacing "vacant lot" with "vacant parcel." If the parcel is of a certain size, it could require a state permit for harvesting timber. This would meet her concern that clear cutting be addressed. Mr. Lien explained that Item B is intended to prevent vacant properties from being clear cut, but he could look into including language specifically related to forest practices. He explained that the other sections of the code provide definitions for both "lot" and "parcel," and they are used interchangeably throughout the code. The definition could be added to this section of code, as well. Board Member Rubenkonig said she tends to think of "parcel" when Planning Board Minutes October 28, 2020 Page 13 Packet Pg. 163 7.A.f she thinks of clear cutting because they are looking at creating lots out of the parcel. She would prefer the word "parcel," because it extends the image of what they are looking at. Because the two terms are interchangeable, the exception in Item B could also apply to a lot. Mr. Lien said he prefers "lot" because "parcel" refers to a tax parcel. He advised that the County will draw tax parcel lines anywhere, and it doesn't necessarily mean a developable lot. Vice Chair Rosen referred to the last sentence in Item C, which states that replacement trees may be required. He commented that when a very large tree is removed, the replacement tree does not contribute at the same level. If the overall objective is to be neutral or even enhance the canopy, it is important to recognize there will be a gap. To address this gap, he suggested the y City create a tree credit program that requires applicants to close the gap by supporting the tree fund, which would be used to c replace the canopy in other ways. This concept could advance and fund the objective of making sure the canopy is maintained and even enhanced. Mr. Lien said they will discuss this idea further when they talk about the proposed language related S specifically to tree replacement and a tree fund. tM Student Representative Bryan voiced concern with Item B. The idea of allowing the Director to decide what is reasonably c needed to conduct demolition activities allows too much wiggle room. He suggested that "Director" should be changed to CU "qualified arborist." Mr. Lien explained that the Director may require documentation from a certified arborist to justify the removal, but it would still be the Director's responsibility to approve any tree removal associated with a demolition permit. Board Member Rubenkonig clarified that it would be the Development Services Director, and not the developer, who would make the decision as to what tree removal is reasonable needed. She suggested the language should be amended to provide Q- this clarification. • ECDC 23.10.060 — Tree Retention Associated with Development Activity. Mr. Lien explained that, as proposed, an approved tree retention plan would be required in conjunction with all new single- family, short plats, subdivisions or multifamily developments. He noted that Item C requires that for new single family, short plat or subdivision development, at least 30% of all significant trees on a developable site must be retained. "Developable site" is defined and does not include such things as critical areas. This is consistent with a provision in the Critical Area Ordinance that development in RS-12 and RS-20 zones that are associated with steep slopes, streams or wetlands must have a 30% native vegetation area. He reduced the number to 25% for multifamily development because it is a denser type of development. Mr. Lien advised that, as per Item CA, if a certain retention percentage cannot be achieved, the applicant would be required to pay a certain amount into the tree fund for each significant tree below the required retention. Vice Chair Rosen suggested that, in addition to requiring applicants to retain 30% of the significant trees on the developable site, the City should also require applicants to pay a certain amount into the tree fund equal to 100% or even 110% of the total number of trees that were removed from the site. The intent is to enhance the tree canopy. Board Member Monroe suggested they go even further and require a 2:1 replacement ratio. Board Member Rubenkonig expressed her belief that the 30% retention requirement is likely lower than what most other jurisdictions require, and it sure doesn't help the City maintain its tree canopy. It equates to a 70% reduction in tree canopy. She said she also believes the 1:1 replacement requirement is low compared to surrounding jurisdictions. This replacement ratio won't help the City maintain its tree canopy, either. Board Member Monroe said he can understand the intent of the 25% and 30% retention requirement because they need to allow developers enough area to build projects. Requiring 100% retention would be unreasonable. However, developers should be required to plant a certain number of trees elsewhere in the City for each significant tree that is removed. Vice Chair Rosen said this would be consistent with his recommendation that developers be required to pay a certain amount into a tree fund for each significant tree that is removed. This would give the power to the City to decide how to replenish the canopy. The replacement requirement should be equal to the value of the significant trees that are removed. Ms. Feser reminded the Board that the tree fund would be used to plant trees on City properties, primarily in the parks. She voiced concern about leaving it up to a landowner to decide where and what types of tree would be planted. She would prefer that developers be required to pay into a tree fund. That way, the City would have the ability to plant the right trees in the right places. Board Member Monroe said he works for Sound Transit. For their projects in Federal Way and Kent, they have removed 15,000 to 20,000 trees and will be required to replant 45,000 more trees, and they are required to purchase property to plant the Planning Board Minutes October 28, 2020 Page 14 Packet Pg. 164 7.A.f trees on. They would prefer to pay into a fund, since that is the easiest solution. However, they have found ways to accomplish the more stringent requirement. The City should ask no less of developers than is being asked of Sound Transit. Board Member Rubenkonig said there are options for accomplishing a greater tree retention requirement than 1:1 while still allowing for development. The best way to meet the requirement should be left to the person creating the landscape plan. If the requirement is too onerous, a developer could approach the City with a request for mitigation. If mitigation cannot be adequately addressed, and applicant could pay into tree fund. However, the tree fund should be the last option. Applicant's should be encouraged to do what they can to replace the trees on -site. y c 0 Board Member Rubenkonig said that cities often have a minimum height requirement for replacement trees, which results in more mature trees. Vice Chair Rosen said he is concerned about the gap (value and loss) between a mature tree and an immature M tM replacement tree. The City's code should require applicants to cover this gap. Board Member Rubenkonig commented that there are methods for getting more mature replacement trees, but the replacements would not be equal in value to larger significant trees. She suggested the Board should look in-depth at how other cities regulate tree replacement. Again, she said c allowing applicants to pay into a tree fund should be the last resort. Vice Chair Rosen commented that there needs to be a V variety of options in the toolbox. The end goal should be to require developers to make the City whole when a significant tree is taken down. This can be done via replacement and/or funding. The funding could be used to offer grants to residents to encourage tree planting elsewhere. a.1 Mr. Lien suggested that rather than the minimum tree retention requirement in the current draft, another option would be to base the requirement on zone. A 30% requirement in an RS-6 zone could be very different than the same requirement in an RS-20 zone. Board Member Cheung suggested that if they make the requirement so onerous, developers will simply decide to pay into the tree fund and build the cost into the price of the homes. This could have an impact on the cost of housing in the community. Board Member Monroe agreed with Board Member Rubenkonig that the preferred option would tree retention, followed by planting replacement trees on site. The last option should be paying into a tree fund. Rather than putting all of the replacement trees in parks, the trees should be replaced in zones that are similar to where trees were removed or at least equitably distributed throughout the City. Mr. Lien said the Tree Board has discussed taking a more global approach. If there isn't space to plant more trees in the parks and open spaces, the City could partner with other organizations, such as the Mountain to Sound Greenway, to use the tree funds to purchase additional open space in other areas. Also, he suggested that if the tree fund requires a high dollar value for each tree that is removed, developers will be encouraged to consider options for either retaining more trees or planting the replacement trees on site. However, at this time, he doesn't have a suggestion as to what the dollar value should be. Board Member Monroe asked how the proposed 25% and 30% tree retention requirement compares to neighboring cities. Mr. Lien said only one other jurisdiction he reviewed used a percentage requirement. However, he would conduct further research and report back with additional information. Board Member Cheung referred to Vice Chair Rosen's point that some trees are more valuable than others. There is nothing in the 30% requirement that differentiates between the different sizes of significant trees. Mr. Lien reviewed that the tree retention provisions are broken out based on priority. Priority trees to focus on for retention include specimen trees, significant trees that form a continuous canopy, significant trees on slopes greater than 15%, significant trees adjacent to critical areas and their associated buffers, and significant trees over 60 feet tall or greater than 18 inches in DBH. The intent of prioritization is to make sure developers try to save the more significant trees. Board Member Cheung asked if the priorities are recommendations or if developers are required to follow the priorities. Mr. Lien said there is some flexibility. If the only 60- foot tall tree happens to be right in the middle of the only buildable site on the lot, the City can't require a developer to retain it. • ECDC 23.10.080 — Tree Replacement. Mr. Lien summarized that, as currently proposed, a developer would be required to retain at least 30% of the significant trees, and replacement trees would be required for those that are removed at a ratio of 1:1. If the trees cannot be replaced on site, a Planning Board Minutes October 28, 2020 Page 15 Packet Pg. 165 7.A.f developer could pay a certain amount per tree into the tree fund. At the next meeting, staff will be prepared to have a discussion with the Board about what the appropriate tree replacement might be. It could be based on tree size, requiring a higher replacement ratio when larger trees are removed. He reminded the Board that the last time a draft Tree Code was presented for public hearing, there was a lot of controversy regarding the idea of basing the replacement requirement on the type of zone (density). He said he would research what other jurisdictions are doing in preparation for the Board's more in-depth discussion. Board Member Rubenkonig thanked Mr. Lien for creating the topic matrix, which helped her organize her thoughts. She felt it helps ensure the Board addresses all of the items. Mr. Lien encouraged the Board Members to submit their comments, y suggestions and typographical corrections to him via email. c .r M • ECDC 20.75.XXX — Conservation Subdivision Design Flexibility. a� d Mr. Lien explained shared an example of a subdivision to illustrate why trees are often clear cut. Although there might be a d number of substantial trees on the site, once all of the development standards (access requirements, utility easements, setbacks, c etc.) were applied, only a few trees were left intact. The remaining trees might be exposed and spindly and not necessarily the V trees that you want to retain. At the next meeting, the Board will discuss how to provide flexibility within Development Code that allows houses to be grouped to one side a bit so more trees can be saved. REVIEW OF EXTENDED AGENDA Q' L d c.i Chair Robles announced that, due to Veteran's Day, the Board's November 11 th meeting was rescheduled to a special meeting w on November 181. The agenda for that meeting will focus solely on the draft Tree Code. A public hearing on the draft Tree � Code amendments is tentatively scheduled for December 913 PLANNING BOARD CHAIR COMMENTS Chair Robles did not provide any additional comments. PLANNING BOARD MEMBER COMMENTS Board Member Pence observed that this has been a very different kind of year for the Planning Board. Due to the pandemic, the Board missed a number of meetings prior to starting the Zoom format. The Chair and Vice Chair haven't had an opportunity to put their stamp on the Board's activities like previous leaders have. It occurred to him that they should re-elected them both for another year. Chair Robles said they have been able to put a pretty big stamp down, and he believes that Board Member Rosen will carry forward quite effectively as the chair next year. Board Member Pence commented that he didn't mean to diminish their efforts, just note that they could have shined even brighter with a regular routine. ADJOURNMENT The Board meeting was adjourned at 9:57 p.m. Planning Board Minutes October 28, 2020 Page 16 Packet Pg. 166 7.A.g Agenda Item." Mr. Chave commented that the software that is used to create the agendas has limitations about how items can be named. Board Member Rubenkonig said her understanding was that tonight's meeting would only be a public hearing on the CIP and CFP. She thought that the schedule that was agreed to at the last meeting would stand, and the Board would continue its review of the Tree Code Regulations on November 18tk'. Mr. Lien responded that, because the Board had to add another meeting for the CIP/CFP public hearing, he thought it would be a good idea for them to also continue their review of the tree code regulations. However, they do not need to redo their discussion from the last meeting. c 0 :r AUDIENCE COMMENTS M M an Anna West, Edmonds, suggested that some verbiage regarding protecting water views should be included in the intent and purpose section of the revised Tree Code. It hasn't been included in the draft yet, and the City would be remiss not to include it. Puget Sound helps define the City of Edmonds, and the water is one of the reasons that new residents purchase homes, V current residents stay, and visitors spend money in the City. Adding verbiage in the Tree Code to protect water views is m important because trees have the potential to block those cherished views. She is hoping the City can work with the citizens L to come up with language that protects both trees and the water. Chair Robles emphasize that this is a Tree Code and not a View Code. View will not likely be specifically mentioned in the Tree Code, since it is a different category of regulation. Mr. Chave added that the City has had a number of discussions about views in its history of policy and codes. Up to this point in time, the City has chosen not to regulate private views. Ms. West commented that it seems the City is spending a lot of time regulating private trees, and she thought it might be a good segway into a piece that really defines the City. The City has a symbiotic relationship with the trees and the water. She supports tree retention, but there needs to be some guidance for residents. Board Member Rubenkonig asked if Ms. West is requesting that some reference to the City's stance on private view protection be incorporated into the Tree Code. Ms. West said she would actually like the City's stance to change from what it has been for the past three decades. She is cognizant it will be an uphill battle, but it needs to be addressed, as water views play a huge role in the City. She asked that the City have dialogue with the community on the best way to maintain that piece of the City as it continues to thrive and grow. Board Member Rubenkonig summarized that Ms. West is suggesting that the City consider options for protecting private views. Mr. Chave suggested the Board consider this request as they review the draft Tree Code later on the agenda. Bill Phipps, Edmonds, said he serves on the City's Citizens Tree Board. He asked that the Board Members consider his written comments from two letters he submitted prior to the meeting as they review the draft Tree Code. He invited them to reach out to him with questions and comments. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Robles referred to the written Development Services Director Report and noted that it appears to be outdated. There were no other questions or comments regarding the report. PUBLIC HEARING ON THE PROPOSED 2021 — 2026 CAPITAL FACILITIES PLAN (CFP)/CAPITAL IMPROVEMENT PLANS (CIP) Chair Robles briefly reviewed the rules and procedures and then opened the hearing. Mr. English explained that the Capital Facilities Plan (CFP) is tied to the Comprehensive Plan and is required by the Growth Management Act to identify long-term capital projects related to addressing growth and demand. It covers planning horizons of 6 and 20 years. The Capital Improvement Plan (CIP) is tied to the City's budget and is organized by the City's financial funds. It includes not only projects that are budgeted for the upcoming year, but also identifies the maintenance and capital projects anticipated over the next 6-year planning horizon. The two plans intersect when identifying the 6-year capital projects with funding sources. Planning Board Minutes November 12, 2020 Page 2 Packet Pg. 167 7.A.g • Goal LA — Update the tree regulations to reduce clearcutting or other development impacts on the urban forest and consider changes to tree replacement requirements and penalties for code violations. • Goal LB — Adopt a policy of no net loss to overall tree canopy and continue to enhance canopy in parks according to the Parks, Recreation and Open Space (PROS) Plan. • Goal 1. C — Ensure protection of tree resources in environmentally critical areas. • Goal LD — Establish a tree bank or fund to which donations can be made for tree planting and other tree programs. Mr. Lien referred to Ms. West's comment, made earlier in the meeting, regarding protection of views. He advised that none of the goals and policies in the Urban Forest Management Plan specifically address views, but views were discussed as they relate to planting the right trees in the right places. Mr. Lien explained that the current tree regulations are located in ECDC 18.45. As proposed, the draft Tree Code has been broken into three parts, and the majority will be located in the new Edmonds Community Development Code (ECDC) 23.10. There will also be a new section in ECDC 20.75 (Conservation Subdivision Design Flexibility), and the provisions for a tree fund will be in the Edmonds City Code (ECC). Mr. Lien reviewed that the Board started its review of the draft Tree Code on October 28t''. Following tonight's work, the Board will continue its discussion at a special meeting on November 18t''. A public hearing on the draft Tree Code is tentatively scheduled for December 91. He advised that the draft proposal will be updated to incorporate the Planning Board's feedback following the special meeting on November 181. • ECDC 23.10.060(C) — Tree Retention Requirements Mr. Lien reviewed that, as proposed, for new single-family short plats or subdivisions, 30% of all significant trees on the developable site must be retained. This mirrors the requirement in the Critical Areas Ordinance for tree retention on RS-12 and RS-20 sites in critical areas. For multifamily sites, the requirement is 25%. For replacement, the proposed language would require a 1:1 ratio for tree replacement. He recalled that, at their last meeting, the Board requested information about how other jurisdictions address tree retention and replacement requirements, as well as how they determine the appropriate dollar amount per tree. They also raised a concern that the replacement requirement might not be sufficient. He referred to the memorandum he sent to the Board prior to the meeting, outlining the results of his research that focused specifically on what other jurisdictions require for tree retention with development. Some of the jurisdictions have general density requirements, which isn't something the City is considering as part of the Tree Code update. He briefly reviewed the results as follows: o Lynnwood does not have a specific tree retention requirement, but they do require trees that are removed to be replaced based on the number of tree units, which is derived from the diameter of the trees that are cut. If applicants choose not to plant trees for the required tree units, they can pay a fee into the city's tree fund at a rate of $187 per tree. If a site cannot support the required number of replacement trees, the applicant would be required to pay $106 per tree into the fund. o Shoreline requires that 20% of significant trees be retained if there aren't any critical areas on the site and 30% if critical areas are present. They require replacement if more trees are removed than what is allowed by the retention requirement. The replacement requirement of up to 3 trees is based on the size of the trees that are removed. They don't have neither a tree fund nor a fee -in -lieu option. o Redmond requires that 30% of significant trees be retained, and the replacement ratio is 1:1 for each significant tree that is removed, except landmark trees, which must be replaced at a 3:1 ratio. They do not have a tree fund, but they do have a fee -in -lieu program to cover the cost of tree replacement. They don't specify a specific dollar value for each tree, but just a cost that covers tree replacement. o Kirkland has a tree -density requirement based on a tree -credit system. Developments are required to have 30 tree credits per acre, and larger trees are worth more tree credits. They have a fee -in -lieu program that is paid into a City Forestry Account if trees cannot be planted on site. The dollar amount is based on the current market value. o Issaquah requires retention based on zone. In single-family zones, 30% of the total caliper of all significant trees must be retained. In multifamily zones, the requirement is 25%. While Edmonds calculates percentage Planning Board Minutes November 12, 2020 Page 8 Packet Pg. 168 7.A.g based on the total number of trees on the site, Issaquah calculates based on the total caliper of all of the trees on the site. Replacement is required if the retention standard is not met, and they have a fee -in -lieu program that doesn't identify a specific dollar value for each tree. o Medina has a fee -in -lieu program that is based on the size of the tree, and the dollar value is based on the diameter of the tree at breast height (DBH). They require $200 per inch for trees with a DBH up to 20 inches, which would equate to $4,000 for a 20-inch tree. Mr. Lien commented that, while Medina's dollar values might be too much, he likes the way their program is structured. c He recalled that, at the last meeting, the Board discussed that larger trees should be valued greater than small trees. He 0 :r suggested that Edmonds could consider a similar approach, but lower the dollar value. Chair Robles agreed that a Medina's approach is creative, and he suggested the dollar values are not really out of line when you attach them to the increase in property value associated with improved view. Mr. Lien commented that not all properties in Edmonds have potential views, so he cautioned against attaching that high dollar value to all properties in Edmonds. Again, he said he likes the structure, but the dollar values seem excessive. 0 Board Member Rubenkonig said the principle found in Issaquah's code stands out to her as a clear approach. It requires a) L replacement if the retention standard is not met, which makes it clear that the goal is retention. She suggested that Edmonds should also identify a specific principle that underscores its approach. She said she didn't find the other a examples to be as clear. Mr. Lien noted that Shoreline also requires replacement if the retention standard is not met. `m The current proposal simply requires a 1:1 replacement, but it could be changed to incorporate this concept. k w Board Member Rubenkonig said she likes that Issaquah's replacement requirement is based on caliper (DBH) of the tree. Mr. Lien said Shoreline's approach, which is based on "significant trees," would be the easiest to implement. Rather than having to measure the size of each tree, it counts the number of trees that are at or greater than a specific size. Board M Member Rubenkonig agreed that would be an acceptable approach, but she still wants language that makes the intended principle clear. M 0 M Board Member Monroe asked if Board Member Rubenkonig is suggesting the best thing to do is retain the existing trees, and the next best option would be to replace the trees. If you can't do that, you should pay a fee -in -lieu. Board Member c Rubenkonig agreed that the best approach is to require tree retention as a first priority. Board Member Monroe agreed, g as well. He said replacement should be an option, but it should be the second choice. Replacement should be more a difficult than retention, and it should be more costly still to pay an in -lieu fee. Board Member Rubenkonig agreed that N the first option should be retention, followed by replacement, recognizing there is a lot of innovation available when it N comes to planting trees. She also supports having a tree bank or fee -in -lieu program in place. c�P T Mr. Lien summarized that, as per the Board's direction, the tree retention should remain at 30% and 25%, and L M replacement would be required if the retention requirement is not met. He will consider options for what the appropriate E replacement ratio should be. As the tree gets larger, the replacement ratio should increase, too. The Board indicated o support for these changes. z Chair Robles suggested they consider the scenario of a tree that is blocking the view of the sound. If the tree is cut r� down, the property value would increase substantially. Would the property owner be able to purchase the extinction of the tree for the property value benefit? Mr. Lien reminded them that, as currently drafted, the Tree Code would apply to z certain new development applications: short subdivision, subdivision, new multifamily and new single-family. The requirements would not apply to a developed single-family site with no critical areas. Board Member Monroe suggested Q that the Purpose and Intent Section should clearly explain when the requirements apply. • ECDC 20.75.XXX — Subdivision Design Flexibility Mr. Lien shared a diagram of a sample subdivision application, pointing out how the development requirements (utility easements, access easements, setbacks, etc.) reduce the buildable area and impact a developer's ability to retain existing trees. He explained that the purpose of this new section is to promote retention of significant and specimen trees and natural resources through some amount of flexibility in lot layouts of subdivisions in order to preserve and provide for low -impact development. The priority of tree retention, which was discussed at the last meeting, would be applied to Planning Board Minutes November 12, 2020 Page 9 Packet Pg. 169 7.A.g this section, as well, and the flexibility would be administratively reviewed as part of a subdivision application. The following flexibility is proposed: 1. Setbacks may be reduced up to 20% in all residential zones provided that no side setback is less than 5%. The required front setback may not be reduced more than 5 feet, but an additional 5-foot reduction may be allowed for covered entry porches. 2. Lot sizes may be reduced to allow clustering so dwelling units can be shifted to the most suitable locations, but the overall density cannot be increased. 3. Structural coverage may be increased on individual lots provided the overall coverage of the buildable lots do not exceed the lot coverage allowed by the zone. 4. Variations in parking lot design and/or access driveway requirements may be granted when the public works, fire and planning officials determine the variation would be consistent with the intent of City policies and codes. Mr. Lien advised that, prior to the public hearing, he will create a drawing that illustrates how these flexible options might be applied on a property that is being subdivided. Board Member Monroe said he supports the proposed flexibility, but he questioned how the City would ensure that the protected trees are retained after the properties are developed and sold? Mr. Lien said that, as proposed, trees that are required to be retained with development would be classified as "protected trees, and the term is defined in the Tree Code (ECDC 23). Chair Robles asked about the administrative cost of keeping a track of protected trees. Mr. Lien explained that a tree plan would be required when flexibility is granted, and the City would use that plan to track the trees. There are some other ideas for addressing the issue via the permit process, too. Chair Robles summarized that, when purchasing a home in Edmonds, due diligence may include going to the City to research the property's tree liability. Mr. Lien said that if a tree is retained as part of a subdivision, the condition could be specifically listed on the face of a plat. For multifamily development, a landscape plan would be required. Board Member Rubenkonig asked if it would be possible to record a tree plan as part of a subdivision plan. She agreed that it is important that subsequent owners be required to maintain the protected trees per the approved tree plan. However, without proper documentation, it would be difficult for the City to identify problems. Mr. Lien explained that, typically, subdivision approval is based on certain conditions that are listed in the staff report and on file with the City of Edmonds. The tree plan could be recorded as one of the conditions, and someone doing due diligence would be able to contact the City to find the list of conditions that apply to the property. Board Member Rubenkonig shared an example of a new development that tied into a regional stormwater system. The water flowed a certain way, and the individual yards were designed to assist with the flow. However, the homeowners landscaped their yards in a way that interfered with the programmed flow. She summarized that, oftentimes, plans look good on paper, but they need to consider what the City needs to do to make sure that the plans are maintained and enforced. Mr. Lien agreed that, if the City does allow design flexibility to retain trees, it makes sense to ensure that the conditions are documented, either by recording the tree plan or specifically calling the requirements out on the plat plan. Board Member Rubenkonig suggested that many people are looking for accountability with the tree code, and accountability is a big part of making a program successful. Board Member Rubenkonig asked if the City has made a case for the priority of tree plantings the City prefers. In addition to planting the right tree in the right place, do the regulations stipulate a preference for a grove of trees versus stand-alone trees. Mr. Lien said that, for retention, this is specifically called out in the proposed language. He referred to the priority list that was discussed at the last meeting, noting that the grove environment is priority one. Similar language is also included in the replacement section. Board Member Rubenkonig commented that this is important to get the best return for the environment. Mr. Lien said the current proposal does not include a preferred tree list, but it could be added. The Tree Board is currently working on a list that could be provided to property owners to educate them on the right tree for the right place. Board Member Rubenkonig said it is important that the list include trees that support habitat. Mr. Lien summarized that the Board is interested in adding language to ensure that the protected trees are documented when this section is applied to a new development. Planning Board Minutes November 12, 2020 Page 10 Packet Pg. 170 7.A.g • ECDC 23.10.060(B) — Tree Retention Plan Mr. Lien explained that a tree retention plan must be submitted as part of an application for new development. As proposed, the tree retention plan must include a tree inventory that contains a numbering system of all existing significant trees on the property and identify the size of all the trees, the proposed tree status (retained or removed), the general health or condition rating, and tree types or species. The tree retention plan must also include a site plan that .-. shows the location of all proposed improvements, the accurate location of significant trees, and the location of tree c protection measures. Trees must be labeled corresponding to the tree inventory numbering system, and the limits of disturbance must be drawn to scale around all trees potentially impacted by site disturbances. The proposed tree status M must be identified, as well as the proposed locations of any supplemental replacement trees as needed. 'a� d Board Member Rubenkonig said it isn't clear as to which professionals can do each part of the Tree Retention Plan. Mr. -a) Lien responded that, as proposed, a qualified tree professional may be required to prepare certain components of the tree V plan. For example, an arborist will need to make a determination on the health of the trees, but a surveyor will identify m the location of trees. Like with all development applications, a team of consultants will put together the plan. Board L Member Rubenkonig commented that some jurisdictions are tightening their requirements and specifically calling out ~ who is qualified enough to develop the tree plan. The Board should discuss how exacting it wants the requirement to be. a Chair Robles said he would be reluctant to get too particular, since it could result in a barrier. He asked if there is any incentive for a property owner to submit a tree plan for his/her property, thereby adding to the tree inventory the City can possess without having to produce. Ultimately, a City's tree inventory will provide the information to make the bigger decisions about the canopy going forward. The barrier to this is the resources to count all of the trees. It isn't so much of a problem if individual property owners submit tree plans. Mr. Lien said this concept is not in the proposed Tree Code. The City is currently doing a partial inventory of the street trees, and the Urban Forest Management Plan talks about a canopy assessment. However, he doesn't know if it would be possible to conduct an inventory of all of the trees in the City. Again, he reminded the Board that the proposed Tree Code would only apply to new development. He doesn't know what the City would do with tree inventories submitted by random private property owners. When they discuss permits, he will highlight some ideas that have come forward that could get to the tracking of trees, what has been planted, and what has been removed. He summarized that a tree inventory is required with new development because there will be a retention requirement. The City will need to know what trees are on the site, so they know how many have to be retained to meet the retention requirement. Chair Robles pointed out that 90% of the trees in Edmonds are on private property. He questioned the scope of the tree plan if it only accounts for a small number of trees (10%). Mr. Lien reminded the Board that the proposed language is not intended to be a tree plan. Instead, it provides regulations that deal with trees that are associated with development. The Urban Forest Management Plan is a tree plan that talks about canopy assessment, coverage, tree inventories, etc. However, this information is outside of the tree code, itself. Mr. Lien advised that the tree retention plan must also include an arborist report that provides a complete description of each tree's health, condition and viability, a description of the methods used to determine the limits of disturbance, etc. Board Member Monroe pointed out that some trees may not be viable for retention because they are in the way of the proposed development. He asked if these situations are adequately addressed in the proposed code. Mr. Lien referred back to the priorities for tree retention. There is also language in the code that talks about working in good faith with the applicant and the City. Obviously, a tree cannot be retained if it is located where a building is proposed. Board Member Monroe voiced concern that, as proposed, an applicant would be required to provide an arborist report to support this claim. He suggested that staff review the language and decide if clarification is needed. Board Member Rubenkonig pointed out that the proposed design flexibility that allows structures to be grouped differently on a site would relieve some of the pressure when it comes to deciding which trees can be retained. She concluded that, if they allow more flexibility in the design standards, the approach will not be as rigid. Mr. Lien explained that, oftentimes, when subdivision applications are reviewed, applicants don't know where the actual buildings will go. This makes it more difficult to do a tree retention plan. As proposed, they can do an initial version of a tree retention plan as part of the subdivision submittal, and a more detailed plan when the project reaches the building phase. Planning Board Minutes November 12, 2020 Page 11 Packet Pg. 171 REVIEW OF EXTENDED AGENDA Chair Robles reviewed that the Board would continue its work session on the draft Tree Code at their November 18 special meeting. A public hearing on the draft Tree Code is tentatively scheduled for December 9'. He reminded them that they will also need to elect new officers for 2021 at their December 9' meeting. PLANNING BOARD CHAIR COMMENTS 0 :r Chair Robles did not provide any additional comments. M a� PLANNING BOARD MEMBER COMMENTS d Board Member Crank announced that she was elected to serve as Chair of the Snohomish County Airport Commission, just V in time for the big project the Commission has been assigned, which is the Airport Master Plan. Landrum & Brown has been m hired as the consultant for this project, and a special virtual meeting is scheduled for November 19' at 6 p.m. She invited L those interested to tune in. ADJOURNMENT The Board meeting was adjourned at 9:02 p.m. Planning Board Minutes November 12, 2020 Page 12 Packet Pg. 172 7.A.h CITY OF EDMONDS PLANNING BOARD Minutes of Virtual Meeting Via Zoom November 18, 2020 Chair Robles called the virtual meeting of the Edmonds Planning Board to order at 7:00 p.m. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. BOARD MEMBERS PRESENT Daniel Robles, Chair Mike Rosen, Vice Chair Matthew Cheung Alicia Crank Nathan Monroe Carreen Nordling Rubenkonig Roger Pence Conner Bryan, Student Representative BOARD MEMBERS ABSENT Todd Cloutier (excused) READING/APPROVAL OF MINUTES STAFF PRESENT Rob Chave, Planning Division Manager Kernen Lien, Environmental Program Manager BOARD MEMBER PENCE MOVED THAT THE MINUTES OF NOVEMBER 12, 2020 BE APPROVED AS PRESENTED. BOARD MEMBER RUBENKONIG SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS Barbara Chase, Edmonds, said she is a member of the Tree Board, and was present to follow the Board's work on the Tree Code. Bill Phipps, Edmonds, said he is also a member of the Tree Board. He said he submitted written comments to the Board just prior to the meeting regarding the Tree Code Regulations. Vice Chair Rosen confirmed that the Board received the letter. The Board confirmed that they also received a letter from Duane Farman regarding the Tree Code Regulations. Packet Pg. 173 7.A.h Vice Chair Rosen asked staff to respond to the question that was posed by Board Member Pence about why the Planning Board did not review the street vacation application that was recently approved by the City Council, even though it involved trees. Mr. Chave explained that street map amendments are a Planning Board legislative recommendation to the City Council, but street vacations are decided only by the City Council, without Planning Board involvement. Occasionally, a street map amendment is also a street vacation. In these situations, the Planning Board holds a public hearing and makes a recommendation to the City Council on the street map amendment, but it still does not make a recommendation on the street vacation application, itself. Board Member Pence asked how they could change the code to include the Planning Board in street vacation applications. N This seems equally as important as some of the other issues the Board deals with, including the street map changes. Mr. Chave c explained that the street map is a planning document, and street vacations are technical documents dealing with public works and rights -of -way. Street vacations are covered in Title 18 (Engineering and Public Works Standards), and the City Council has never chosen to have these standards come under the purview of the Planning Board. TREE CODE REGULATIONS UPDATE 0 V Chair Robles referred to the Staff Report, which notes a number of goals and actions in the Urban Forest Management Plan a) (UFMP) related to tree retention. He asked that Mr. Lien identify when a proposed Tree Code amendment meets one or more of those goals. Mr. Lien agreed to circle back to the UFMP goals and actions as part of his presentation. Mr. Lien reminded the Board and members of the public that the City has created a website for the Tree Code update (www.treecode.edmonds.wa.gov) that provides links to all of the Planning Board's agendas, videos and minutes. It also provides a link to the latest version of the draft Tree Code. Mr. Lien reported that written comments been received since the last Planning Board meeting on November 12t1' were included in the Planning Board's packets. Those that were received today will be included in the next Planning Board packet. All of the written comments will be attached to the packet that is prepared for the Public Hearing on December 9' Mr. Lien advised that the official notice for the December 9' public hearing will be published on the website. The hearing will also be published in THE EVERETT HERALD and posted at the Public Safety Building, City Hall, and the Library. In addition, he will write a press release prior to the public hearing. To raise awareness of the Tree Code update, staff presented the concepts table at a City Council meeting that was broadcast on the local television. Staff also issued a press release for the new website that was published in My Edmonds News and announced on the City's website. The Tree Code update has been mentioned twice in the City's news bulletin that goes out every other week, as well. He acknowledged that public involvement has been more difficult due to the pandemic, and the City has had to rely on technology to allow people to participate. In addition to participating via Zoom, citizens can use their phones to listen to and speak at the meetings. He summarized that staff is doing the best it can with technology given the current situation. Mr. Lien explained that the draft Tree Code update focuses primarily on private property, with a goal of improving tree retention with new development through the implementation of low -impact development principles and an established tree fund, as well as improving the existing definitions, permitting process and penalties. He said some of the goals in the UFMP that are addressed in the draft update include: Goal 1— Maintain or enhance citywide canopy coverage. • Goal LA — Update the tree regulations to reduce clearcutting or other development impacts on the urban forest and consider changes to tree replacement requirements and penalties for code violations. The draft code currently before the Board addresses all of these topics. • Goal LB —Adopt a policy of no net loss to overall tree canopy and continue to enhance canopy in parks according to the Parks, Recreation and Open Space (PROS) Plan. The draft code does not adopt this policy. However, the Planning Board recommended that language should be added to the "Purpose" section. This additional language will be inserted prior to the public hearing. • Goal 1.C—Ensureprotection of tree resources in environmentally critical areas. The Tree Code does not explicitly accomplish this goal. However, the City's Critical Area Code, which is referenced in a number of places throughout the draft Tree Code, addresses this goal. Planning Board Minutes November 18, 2020 Page 2 Packet Pg. 174 7.A.h • Goal 1.D — Establish a tree bank or fund to which donations can be made for tree planting and other tree programs. Use any penalty fees for tree cutting violations to fund tree programs. The Board will be reviewing the draft language related to the tree fund during their upcoming discussion. Mr. Lien explained that the current tree regulations are located in ECDC 18.45. As proposed, the draft Tree Code has been broken into three parts, and the majority will be located in the new Edmonds Community Development Code (ECDC) 23.10. There will also be a new section in ECDC 20.75 (Conservation Subdivision Design Flexibility), and the provisions for a tree fund will be in the Edmonds City Code (ECC). • ECDC 23.10.070 — Tree Protection Measures During Development 0 Mr. Lien explained that this section outlines the requirements for protecting the trees that have been identified for retention. 0 As proposed, prior to initiating development activity or tree removal on a site, trees to be preserved must be protected from potentially damaging activities pursuant to the following standards: d A. Placing materials near trees. No person may conduct any activity within the protected area of any tree V designated to remain, including parking equipment, placing solvents, storing building materials, and dumping d concrete washout or other chemicals. During construction, no person shall attach any object to a tree that is designated for protection. Board Member Rubenkonig asked how the City would address violations to this standard. Mr. Lien said that, rather than fines, violations would be picked up during inspection and developers would be required to comply. He reminded them that a pre -application meeting with the developer would be required as part of the Tree Retention Plan process. At that meeting, staff would review the proposal to ensure that the tree protection measures are in place before any construction activity begins on the site. Board Member Rubenkonig said she was particularly concerned about the last sentence. For example, would attaching a chain to a protected tree result in a violation. Mr. Lien said the language is more about ensuring compliance with development. B. Protective barrier. Before development, land clearing, filling, or any land alteration, applicants must: 1. Erect and maintain temporary protective fencing (6-foot, chain -link) along the limits of the disturbance. 2. Install highly -visible signs spaced no further than 15 feet along the entirety of the protective tree fence. The signs must be approved by the Director and state, at a minimum, "Tree and Soil Protection Area, Entrance Prohibited" and provide the City phone number for code enforcement to report violators. If a protected tree is damaged to the extent that a tree dies, replacement would be required. 3. Prohibit excavation or compaction of soil or other potentially damaging activities within the barriers. However, the Director may allow activities that are approved and supervised by a qualified professional who is retained and paid for by the applicant. 4. Maintain the protective barriers in place for the duration of the project until the Director authorizes removal. 5. Ensure any approved landscaping done in the protected zone subsequent to the removal of the barriers is accomplished with machinery from outside the protected zone or by hand. 6. If equipment is authorized to operate within the protected zone, the soil and critical root zone of a tree must be covered with mulch to the depth of at least 6 inches or with plywood, steel plates or similar materials to protect the roots and soil from damage. 7. Minimize root damage by hand -excavating a 2-foot deep trench at the edge of the critical root zone to cleanly sever the roots of trees to be retained. Never rip or shred the roots with heavy equipment. 8. Do corrective pruning performed on protected trees in order to avoid damage from machinery or building activity. 9. Maintain trees throughout construction by watering and fertilizing. Board Member Monroe pointed out that, as proposed, developers would be fined or required to replace any protected trees that don't survive. He questioned if this section is overly prescriptive. Couldn't they just require a Tree Retention Plan. If it doesn't work, regardless of the reason why, the developer would be required to remedy the situation. What if someone follows all of the prescribed steps and the tree still dies? Mr. Lien recommended that the code should be Planning Board Minutes November 18, 2020 Page 3 Packet Pg. 175 7.A.h prescriptive as far as tree protection measures. He explained that sometimes things happen and trees are damaged during development. When this occurs, developers who haven't met the retention requirement would have to replace the tree. Board Member Monroe agreed that the requirements should be prescriptive, but language should make it clear that tree retention would be measured at the end of the project and not during the project. Mr. Lien agreed to adjust the language in ECDC 23.10.060 (Tree Retention Requirements) to make this clear. Board Member Rubenkonig commented that, if a new tree fails, nurseries will often replace them. She also commented that the proposed language in this section appears very similar to what is required in other jurisdictions her company has worked in. N c C. Grade. This section deals with grading that might occur around a protected tree. As proposed: 1. The grade shall not be elevated or reduced within the critical root zone of a protected tree without the Director's authorization based on recommendations from a qualified professional. The Director may m allow coverage of up to '/z inch of the critical root zone with light soils to the minimum depth necessary to carry out grading or landscaping plans if it will not imperil the trees survival. "Critical root zone" is defined as the area surrounding the tree at a distance from the trunk, which is equal to 1 foot for every 0 inch of trunk diameter. 2. If the grade adjacent to a preserved tree is raised such that it could slough or erode the tree's critical root zone, it must be permanently stabilized to prevent soil erosion and suffocation of the roots. 3. The applicant shall not install impervious surface within the critical root zone of any tree to be retained d without the Director's authorization. The Director may require construction methods and/or use of aeration devices to ensure a tree's survival and minimize potential root -induced damage. 4. To the greatest extent possible, utility trenches must be located outside of the critical root zone of 13 protected trees. The Director may require that utilities be tunneled under the roots of trees to be retained M if the trenching would significantly reduce the chances of a tree's survival. CO 5. Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground cover and stumps be maintained where feasible. a- D. Directional felling of trees shall be used to avoid damage of trees designated for retention. E. The Director may require additional tree protection measures that are consistent with accepted urban forest industry practices. Board Member Monroe asked if Item C.1 is intended to limit the power of the Director. If a better opportunity presents itself, and a qualified professional supports it, the Director should be allowed to approve it. Mr. Lien answered that a balancing act is required when determining the level of flexibility that should be allowed. The goal was to be consistent with the intent of the code, which isn't always black and white when it comes to flexibility. Board Member Monroe suggested that Item C.2 should be amended to clarify who would determine if a rootzone has been permanently stabilized, such as a qualified professional. He also suggested that the last sentence in Item C.5 should be replaced with a reference to the City's existing erosion control standards. Sometimes shrubs, ground cover and stumps are not the best way to control erosion. Mr. Lien said the existing erosion control standards typically address temporary stormwater situations, and Item C.2 is intended to be more long-term. If you don't have to disturb the shrubs and ground cover, they should be maintained to help prevent future erosion. Erosion control wouldn't be needed if the shrubs and ground cover are left intact. Board Member Monroe asked if it would make sense to add some examples to Item E. As written, applicants are left to guess what the Director might give them latitude to do. Mr. Lien responded that this provision was intended to be general because it isn't possible to consider all of the site -specific options. Board Member Monroe asked if it would be possible to cite a specific urban forest industry practices document. He is concerned that applicants will present crazy ideas that the Director will have to study and make a decision on. Mr. Lien explained that if the City doesn't have the expertise to evaluate an applicant's idea, it would be sent out for peer review. The Director will consult with Planning Board Minutes November 18, 2020 Page 4 Packet Pg. 176 7.A.h the City's arborist, as well. Mr. Chave suggested they could add language in this provision that requires the approval of the City's arborist. Mr. Lien cautioned against this since the arborist's current job description does not include project review. Chair Robles commented that anyone who is developing land with any kind of complexity would be wise to hire their own consultant. He asked if the City would provide a checklist of things a consultant should review when advising an applicant. Mr. Lien said the required Tree Plan, which must be prepared by a qualified professional and arborist, would cover all of the items that must be included in a development application. Item C is intended to outline the actual implementation of the Tree Plan. • ECDC 23.10.090 — Bonding. Mr. Lien reviewed that the City currently requires bonding for development that requires native vegetation or landscape plans, and they are typically done before the City issues final approval on a project. However, the City also requires 2-year maintenance bonds, which are 15% of the bond amount. At the end of 2 years, the City does an inspection and the bond won't be released until any vegetation that didn't survive is replanted. The proposed language was copied from the landscape chapter of the code. Board Member Rubenkonig referred to Item C, noting that there is no mention of a 2-year timeframe for the maintenance bond. She reviewed that the issuance of the Certificate of Occupancy happens before the trees have really established themselves. Mr. Lien agreed to adjust the language to add the 2-year timeframe. • ECDC 23.10.030 — Permits. Mr. Lien recalled that when the last Tree Code update was presented to the Board, the permit requirement drew a lot of attention. The existing code has two types of tree -cutting permits. For single-family properties that do not fall under the exemptions, tree cutting requires a Type II Permit, which is a staff decision with notice. The application fee is $1,000 for every tree that is cut down, and permits take about 2 to 3 months to process. For multifamily properties, tree cutting requires a Type I Permit, which is also a staff decision with no notice. The application fee is $305 for every tree that is cut down. These permits are reviewed to make sure that the proposed tree removal is consistent with the landscape plan that was approved for the development. Mr. Lien explained that the intent with the current update is to tie single-family and multifamily properties to the same permit process. It isn't fair that single-family property owners have to pay $1,000 for a permit when the fee for commercial and multifamily properties is only $305. As proposed, any tree removal not specifically exempted by ECDC 23.10.040 would be processed as a Type I Permit, which is a staff decision without notice. Similar to the existing code, there would be a procedural exemption that allows tree removal associated with a building permit, subdivision or other land use approval to be reviewed with the associated project without requiring a separate tree removal permit. Although not included in the proposed draft, Mr. Lien said some people have suggested, and other cities have implemented, a requirement that private property owners must seek permission to cut down a tree. If the goal is to track tree removal across the City as a basis for measuring the no -net -loss requirement, there must be a way to track trees that are cut down. Some jurisdictions allow a certain number of trees to be removed in a given time period. No permit is required, but documentation must be submitted. This would be similar to how the City addresses hazardous trees; no permit is required, but documentation is. Staff has voiced concern that it would require additional staff time to review and track each application, and they question what benefit would be gained other than giving people pause when considering tree removal. Chair Robles said this potential provision would be a way to regulate tree cutting on private properties. Mr. Lien explained that the Tree Code would generally apply to new development activity: short subdivision applications, subdivision applications, new multifamily development and new single-family development. However, similar to the current tree code, some exemptions would apply. For the Commission's information, he briefly reviewed the exemptions found in ECDC 23.10.040. As proposed, the following activities would be exempt: A. Removal of non -significant trees that are not protected by any other means (i.e. protected trees in critical areas). Planning Board Minutes November 18, 2020 Page 5 Packet Pg. 177 B. Removal of trees in association with rights -of -way and easements (parks, utility easements, etc.). (Note: The Parks, Recreation and Cultural Services Director has also requested an exemption for tree maintenance in parks) C. Routine maintenance of trees necessary to maintain health of cultivated plants and to contain noxious weeks, remedy potential fire hazards and other threats and safety. D. Removal of trees on an improved single-family lot or on a partially improved single-family lot, which is capable of being divided into not more than one additional lot, except that portion of the lot contained in the critical area or associated buffer and excepting erosion hazards on slopes less than 25%. (Note: Based on the recent moratorium on subdivisions, staff is suggesting that the phrase, "which is capable of being divided into not more than one additional lot" should be deleted. Otherwise, the exemption would allow someone to cut down trees before applying for a subdivision.) E. Nuisance and hazardous trees that do not meet the above exemptions may be removed with supporting documentation. Mr. Lien also reviewed ECDC 23.10.050, which identifies tree removal that is prohibited: A. Protected Trees: Protected trees cannot be removed unless they are determined to be hazardous. B. Vacant Lots: Removal of trees from a vacant lot prior to a project development is prohibited unless they are determined to be hazardous. C. Demolition: Tree removal as part of a permitted demolition is prohibited except as required to reasonably conduct demolition activities subject to approval of the Director. D. In critical areas, critical area buffers, and in all -natural growth protection easements, tree removal is prohibited. Board Member Monroe pointed out that Exemption D will be what private, single-family property owners will be most interested in. He suggested that this exemption should be moved to the top of the list. Chair Robles agreed that the exemption should be at the top of the list and clearly visible to members of the public who attend and comment at the public hearing. Board Member Monroe also suggested that language be added to the "Intent and Purpose" section to make it even clearer that it is not the City's intent to control private property owners' ability to maintain their trees. Board Member Monroe asked if the City tracks the planting of trees. Mr. Lien answered only those that are required as part of development. The City doesn't keep a running log of how many trees are planted with development, as this would require a lot of staff time. Board Member Monroe said he understands the purpose of requiring private property owners to register their tree removals with the City and limit the number of trees that can be removed per year. But if the City isn't tracking the number of trees that are replanted, the information would be incomplete and not provide an accurate indication of the number of trees in the City. For future regulations addressing existing residential lots, Board Member Rubenkonig advised similar parallel language to the single-family/multifamily approach in the draft Tree Code. With that approach in mind, she said she favors starting with a tree credit balance and an arborist tree survey. This would be similar to the City of Kirkland's tree credit system, without the density requirement. This approach would reinforce the main underlying objective of retention. Many homeowners have maintained a healthy tree canopy, and this benefit to Edmonds needs to be rewarded and incentivized for others to do the same. Property owners who have a tree credit balance would not have to pay for a tree permit because they already have as many trees as they need to provide on their property. She summarized that she would like the City to implement a system that rewards those homeowners who have planted trees and incentivize others to continue to plant more trees. The goal is to increase the tree canopy. Chair Robles added that property owners should also be rewarded for leaving existing trees in place. He said there have been some suggestions of managing this type of program by using certain newer technologies. While they can't get to that point with the current proposal, the idea of a credit system sounds promising. Board Member Rubenkonig noted that other jurisdictions accept satellite images of tree canopy to establish the tree coverage on a single lot. While the technology is certainly available, she said she can't speak to the amount of staff time that would be required to administer the program. Mr. Lien said the program described by Board Member Rubenkonig would be a type of density requirement for all properties in the City. If the City establishes a density requirement, it would also need to create a program to review all tree removal within the City. He recalled that the previous draft Tree Code included a density requirement, as well as a review for any tree removal. Even if the permit was free, a property owner would have to submit a site plan for staffs Planning Board Minutes November 18, 2020 Page 6 Packet Pg. 178 7.A.h review. Staff would then determine if the application would meet the density requirement. If not, replacement trees would be required. He reminded them that this approach created a lot of community concern. Rather than the term "density requirement," Board Member Rubenkonig said she would prefer to use the phrase "benchmark figure for retention of mature trees on a lot." She doesn't want to go as far as the City of Kirkland has, but she would like to consider a tree credit program for residential sites. This would affirm the City's goal of tree retention and increasing the tree canopy. Mr. Lien said the proposed Tree Code includes a tree retention requirement associated with new development, but it would not apply outside of the development review process. Whatever the concept is called, it has not been proposed to apply citywide. If it was, the permit process would need to be expanded to include all tree removal. • ECDC 23.10.110 —Liability. Mr. Lien said this section makes it clear that property owners would still be liable for any adverse impacts, damages or injury resulting from work performed with any permit issued by the City. There is similar language on nearly all of the City's permit applications that indemnify the City. It makes it clear the property owners assume any liability associated with the permit. • ECDC 23.10.100 — Violations. Mr. Lien explained that, in the existing code, violations are split up based on tree diameter. Trees that are 1 to 3 inches in diameter can be fined $1,000 to $3,000 per tree, depending on whether it is within a right-of-way or critical area. Trees that are greater than 3 inches in diameter can be fined $3,000 to $9,000 per tree. The proposed code has multiple ways to assess the fine. He specifically reviewed the following sections: A. Penalties. 1. Aiding and Abetting. Not only would property owners be responsible if a tree is cut in violation, but the company that does the tree cutting would also be held responsible. 2. Civil Penalties. The extent of the penalty shall be determined according to one or more of the following: a. An amount reasonable determined by the Director to be equivalent to the costs estimated by the City to investigate and administer the infraction. b. The economic benefit that the violator derives from the violation (measured by the greater of the resulting increase in market value of the property, etc.). This provision addresses situations like the Point Edwards clear cut of the slopes prior to development. c. Removal of existing 12-inch diameter or larger trees requires an appraisal using the trunk formula method in the current edition of the Guide for Plant Appraisal. This is similar to a house appraisal. A tree has a value based on where it is, how important it is to the neighborhood, etc. Rather than having a fixed fee for larger trees, the proposed code would require a tree appraisal to establish the fine. d. For smaller trees (less than 12-inches in diameter), the penalty would be $1,500 per tree. e. Tree topping is considered an illegal tree cutting. Particularly for tall Douglas Firs and Cedars, it can do significant damage to a tree and can create a hazardous situation. If an illegal tree topping has occurred, the property owners will be required to have a certified arborist develop and implement a 5-year pruning schedule in addition to monetary fines and required tree replacement. f. Penalties will be paid into the City's tree fund. Board Member Monroe asked if "illegal tree topping" is defined in the code. Mr. Lien responded that if a permit would have otherwise been required to cut a tree, topping the tree would be considered illegal. He said he could add a definition or "tree topping." He explained that topping trees that are exempt from the Tree Code would not be considered illegal, but it still wouldn't be considered good practice. Student Representative Bryan asked who would be responsible for actually doing the pruning labor for the next five years. Mr. Lien answered that the property owner would have this responsibility. Student Representative Bryan asked what penalties would be applied if the 5-year pruning schedule is ignored. Mr. Lien said that, similar to critical area mitigation Planning Board Minutes November 18, 2020 Page 7 Packet Pg. 179 7.A.h plans, the City could require monitoring reports throughout the 5-year period. However, he is concerned about how the City would inspect the tree each year to ensure that proper pruning has been done. Because of safety and liability issues, it would behoove a property owner to comply. Board Member Rubenkonig voiced concern that failure to enforce tree plans and landscape plans after the 2-year performance bond is released is a chronic issue in most all jurisdictions. There isn't enough staff to accomplish this task, so most cities rely on citizen complaints to address these situations. She would prefer an approach that requires monitoring reports, which would at least require some accountability. Mr. Lien questioned where the tickler would be put in the City system to make sure a monitoring report is submitted every 5 years. N c Board Member Crank pointed out that the draft Tree Code is being created as if the pandemic doesn't exist and everything is normal. That isn't the case, and they don't know when things will get back to normal. She asked if qualifying language would be provided at the beginning of the Tree Code to recognize that some of the timelines and penalties might need to be softer if the pandemic is still a reality in two years. If that is the case, it may not be possible to comply with some of the code requirements, such as regular monitoring. At this time, they don't know how the pandemic will alter timelines going forward. Mr. Lien explained that an emergency proclamation related to the pandemic was issued by Mayor Nelson. C V It acknowledges the extraordinary times and gives the Director flexibility to not apply the strict standards of the code that a) would otherwise be required. He cautioned against including a disclaimer in the ordinance stating that the code was developed under the pandemic and may be reviewed again in a few years. Board Member Crank said she is not suggesting a disclaimer or that the code should be reviewed again in two years, but the language should at least recognize that there d may need to be some flexibility due to the pandemic. Board Member Rubenkonig said her focus has been on the fact that most of the work related to trees is done outdoors, and most of the plans can be submitted electronically. There hasn't been a big shift in terms of how the work is being done, unless Governor Inslee shuts down any type of outside work. If that happens, it would be a temporary measure. While she agreed the City needs to be mindful that the process could be compromised due to the pandemic, she is comfortable with the fact that the Mayor has issued an emergency ordinance that allows flexibility as appropriate. Board Member Cheung commented that as Item C.1 currently reads, both the homeowner and the person cutting the tree could be fined separately for each violation. Mr. Lien clarified that the fine would be established per code and split between the responsible parties. Board Member Cheung suggested the language needs to be clarified. He also questioned why the person cutting down the tree would be responsible if it is done at the homeowner's insistence. Mr. Lien said that, for the most part, the work is done by tree -removal companies, and they typically contact the City prior to removing a tree to find out whether or not a permit is required. Some companies are more scrupulous than others, and if one company declines to cut down the tree without a permit, a property owner can usually find another that will. For that reason, he felt that both parties should be held responsible. Mr. Chave said it is important to also have the party that cuts the trees down potentially liable because it is in their interest to make sure they understand and follow the rules. Board Member Cheung asked if a handyman or friend (not a tree removal company) would be held liable if he/she was hired to cut down a tree and the property owner fails to obtain the proper permit. Mr. Lien pointed out that, as written, the provision doesn't say who would be responsible to pay the penalty, but the notice of violation and penalty would be addressed to both parties and there would only be one fine. It would be up to the two parties to figure out how the penalty would be paid. Board Member Pence said that, if he were offering advice to a tree removal company, he would suggest they include in their agreement with clients that they assume responsibility for any permits that are required. Then it would become a legal issue between the tree removal company and the homeowner, with the tree removal company trying to push the liability onto the homeowner. Chair Robles said that, if he were to hire a tree consultant, he would want to know the best, safest and legal way to cut down the tree. He felt the onus should be on the tree removal company to understand the laws where they operate. Board Member Monroe asked how the triple damages called for under civil penalties would be applied. Mr. Lien said that, as per Revised Code of Washington (RCW) 64.12, which is referenced in Item C.2, trespassing onto someone else's Planning Board Minutes November 18, 2020 Page 8 Packet Pg. 180 7.A.h property could result in triple damages. That means the damages could be triple if trespassing occurs in any of the situations listed. Board Member Rubenkonig shared an example of a bad situation that occurred on her first day on the job in Maryland. After she parked her car, she approached a man who was cutting down trees in the parking lot, asking if her car would be safe. She was informed that it would. However, later in the day she learned that a tree was dropped next to her car and had bounced up and landed on her car. The person cutting the tree was neither bonded nor licensed, and getting the corporation that hired him to cut the trees to pay for the damage to her car was very difficult. Not only did the person cutting the trees lie to her by saying her car was safe, he didn't take responsibility when the accident occurred, and neither N did the corporation. She doesn't want Edmonds residents to encounter a similar situation. o Board Member Rubenkonig also shared an example of a sad situation. Although the people in her neighborhood once prized trees, that is no longer the case for some. Recently, she was awakened to the sound of tree cutting. The hired tree service was going over a fence to cut back the limbs of a tree on a neighboring property right at the trunk. She approached him and informed him that what he was doing was illegal. She asked him to halt the cutting, but he refused and advised her to take up the issue with the property owner. He said he assumed the property owner had contacted the neighbors, but C V she had not. When she called the City, she was told that because the tree service didn't operate in the City more than a a) certain number of times per year, it was not subject to the City's licensing requirements. She concluded that this is a troublesome area of enforcement concerning tree cutting, and it needs to be given quite a bit of attention. Mr. Lien responded that both of these situations would be civil matters. A business license is required of anyone doing business in the Edmonds, regardless of how much. Board Member Rubenkonig again said she was advised by the Planning Division staff that the tree service was below the threshold of having to be licensed and was, therefore, not subject to the City's purview. Mr. Lien said that, regardless of whether or not the tree service was licensed, the City responds when illegal tree cutting occurs. Whether or not the person doing the cutting is licensed and bonded is outside of the Planning Division's purview. Again, Board Member Rubenkonig commented that this is a troublesome area, for her and for others, and having good relations with neighbors concerning their priority of retaining trees is important. Whatever they can do to address this, she welcomes further language that can help homeowners who are in such situations. • ECC 3.95 — Tree Fund Mr. Lien advised that this section establishes the Tree Fund, and all revenue, mitigation fees, fines and penalties received under the new Tree Code chapter would be deposited to this fund. All civil penalties under ECDC 23.40 (Critical Area) would also go into this fund, as well as donations, grants for tree purposes and other monies allocated by the City Council. There was a request that Item D in ECDC 3.95.020 (sale of seedlings by the City) be removed. As proposed, the funds could be used: 1. To provide tree vouchers to individuals purchasing and planting trees. However, the vouchers cannot be used to purchase trees required as part of a development or for replacement under the conditions of a violation. There have been some questions about how the City would run the voucher program. It could be spelled out in this Tree Code, or it could be addressed as a policy after the Tree Code is adopted. He expects the Parks, Recreation and Cultural Services Department would be responsible for the voucher program. 2. To pay for services provided by a qualified tree professional. 3. To acquire, maintain and preserve wooded areas within the City. 4. To purchase supplies and materials for the City's observance of Arbor Day. 5. For other purposes relating to trees as determined by the City. Mr. Lien said it has been suggested that additional items be added to this list: paying for services that support urban forest management and health and as specified for any grant -funded projects. Vice Chair Rosen suggested that Item 4 be changed to a broader definition of educational purposes. This would give the City more leeway to do things that may or may not include Arbor Day observance or purchasing supplies. He assumes the intent is education. Mr. Lien agreed to add "or other educational purposes." Planning Board Minutes November 18, 2020 Page 9 Packet Pg. 181 7.A.h • ECDC 23.10.XXX — Tree Replacement Mr. Lien said he has heard the comment that planting a small tree will not replace a large tree that is cut down, and he agreed that it takes time for a tree to grow. However, professional arborists, wetland specialists and biologists who do mitigation plans say that larger trees do not establish as well as smaller trees. Professionals have explained that if you plant a 1-inch caliper deciduous trees, its roots establish faster and it grows faster than a larger tree would. The requirement of 2.5-inch caliper deciduous trees and 6-foot-tall evergreens is pretty standard and consistent with other areas of the City's code. Vice Chair Rosen acknowledged that smaller trees establish better and grow faster than larger trees. However, if the City's goal is to be made whole, they must make up this gap through money. Board Member Monroe suggested the City could require a 2:1 or 3:1 replacement ratio. Mr. Lien recalled that the Planning Board discussed this and provided direction regarding the replacement ratio at their last meeting. The updated version for the public hearing will require a greater replacement ratio for large trees. He is thinking of using the City of Shoreline's model, which starts at 1:1 for the smaller trees (6 to 8 inches). For every 3-inch increase in diameter, the replacement ratio would increase by one. Shoreline tops out at 3 replacement trees for the larger trees. Board Member Monroe requested more information about how the Tree Code would be applied. Mr. Lien responded that for short subdivisions, subdivisions, new multifamily, new single-family on vacant lots, or development that doesn't fall underneath any of the exemptions, applicants would be required to retain 30% of all significant trees on the site. The decision regarding which trees to retain would be based on the priorities outlined in the code: 1. Specimen trees, significant trees that form a continuous canopy, significant trees on slopes greater than 15%, significant trees adjacent to critical areas and their associated buffers, and significant trees over 60 feet tall or greater than 18 inches in DBH. 2. Healthy tree groupings associated with undergrowth, trees that have a screening function and other significant native and non-native evergreen and deciduous trees. 3. Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are able to be retained except where adjacent to open space, wetland or creek buffers. Mr. Lien explained that, as currently drafted, tree replacement would be required for every tree that is cut. However, at their last meeting, the Planning Board indicated support for only requiring replacement for trees that are removed beyond the retention standard. He explained that, if there is a cost associated with tree removal, developers will make every effort to retain as many trees as possible. One approach could be to require developers to replace all trees that are taken down, regardless of the tree retention requirement, to meet the no -net -loss goal. The replacement ratio would be based on the size of the trees that are cut down. If there isn't room on the site to plant that many trees, developers could pay into the Tree Fund for each tree that cannot be planted on the site. Board Member Monroe recalled that, at their last meeting, the Board indicated support for a 3-step process: 1) retain; 2) if you can't retain, replace; 3) if you can't replace, you have to pay. Board Member Rubenkonig reminded the Board that, by allowing flexibility in development design, retention becomes more possible and the City can secure a higher retention rate. Mr. Lien agreed that is the intent of the design flexibility provision for subdivisions. Mr. Lien said he will rewrite ECDC 23.10.060 (Tree Retention Associated with Development Activity) to reiterate the Planning Board's direction. He summarized that the basic retention requirement would be the minimum. Replacement trees would be required to meet the 30% retention requirement, and the replacement ratio would be based on the size of the trees that are removed. If you the required replacement trees cannot be planted on site, applicants would be required to pay into the tree fund. Board Member Rubenkonig reiterated that the 30% retention requirement is comparable to what other jurisdictions in the area already require. Chair Robles voiced concern that, as proposed, a person who has 25 legacy trees on his/her property and wants to cut down an 8-inch plum tree that is clogging gutters would be required to replace the plum tree at the same ratio as someone who is cutting down the last tree on his/her property. He suggested that the replacement requirement should take into consideration the number of trees a property owner is actively cultivating on site. Mr. Lien emphasized that the retention Planning Board Minutes November 18, 2020 Page 10 Packet Pg. 182 7.A.h requirement would only apply to new development or properties that do not fall under the exemptions. Existing single- family property owners would not be required to obtain a permit to cut down a tree. Chair Robles said he understands this distinction, but he suspects that people who are seeking to protect the tree canopy will be concerned that the Tree Code would not apply to existing developed single-family lots where 93% of the City's tree canopy is located. Mr. Lien agreed that some people will be unhappy. However, his charge, when drafting the Tree Code, was to address the largest complaint, which is clear cutting sites with development. The way the code is currently drafted, the exemptions, including single-family development, would still apply. The City could require a permit and limit tree removal on single-family properties to a certain number during a 3-year period. However, this approach would likely receive a lot of pushback from the community. N c Board Member Cheung clarified that, as proposed, a homeowner is allowed to cut down an unlimited number of nonsignificant trees. Mr. Lien agreed, provided there are no critical areas on the site. Board Member Cheung asked if this would include the smaller replacement trees that are planted as part of development. Mr. Lien answered that the required replacement trees would be considered "protected" trees, which cannot be removed. Board Member Cheung asked if the replacement trees would remain protected trees in perpetuity. Mr. Lien answered affirmatively. That mean that a permit C V would be required, and they could only be removed if they are determined to be hazardous or a nuisance. Board Member a) Cheung asked how a property owner would know that a tree has to be protected. Mr. Lien explained that for short subdivisions and new subdivisions, the protected trees can be recorded on the face of the plat. For new multifamily development, the landscape plan would be on file and tracked. However, protected trees associated with new single-family d development on vacant lots would be difficult to track because it wouldn't be recorded anywhere. Board Member Cheung voiced concern that when properties change hands, the new homeowners would have no way of knowing that a tree is protected. He is concerned about having something built into the code that requires subsequent property owners to know which trees are protected. However, he doesn't have a recommended solution. Mr. Lien advised that the Critical Area Ordinance (CAO) was recently updated to require a notice on title when a property has a critical area or is adjacent to a critical area. When someone purchases the property, the title report will flag that information. A similar concept could be used to address protected trees, but there would be a fee associated with recording the information as a notice to title. Chair Robles suggested that the City could provide some incentive for property owners to voluntarily provide the City with an inventory of the trees on their properties. The information could be submitted electronically at no cost to the property owner. Perhaps the incentive could be a reduction in the cost of a permit that is proportional to the number of trees on a property. This type of approach would make the rules the same for everyone, and it wouldn't be costly to implement. While it might be too late to incorporate it into the current draft Tree Code, he felt the idea should be pursued at some point in the future. He suggested that the Tree Code could be reviewed every two to four years. As they implement the code and collect feedback, they can consider changes to address future needs and problems. Mr. Lien agreed that the City should offer other incentives to encourage tree preservation, but there isn't time to incorporate the concept into the current draft. He suggested the City can continue to pursue incentive programs, but the current proposal is a development regulation as opposed to an incentive program. Again, he said his charge was to draft a Tree Code that addresses the biggest complaint the City receives, which is trees being removed with development. There is currently a moratorium in place, and it is critical that the City Council adopts code language that addresses tree removal with development as soon as possible. The next step could include a discussion about incentives. Mr. Lien advised that he is preparing a press release that will be published prior to the public hearing to address upfront some of the issues that might raise concerns. Chair Robles said he wants the public hearing to be successful, which means everyone needs to feel they have been listened to. Board Member Cheung suggested that any type of action or penalties that are restrictive will probably be viewed unfavorably by a significant portion of people in attendance at the hearing. However, he doesn't believe most people would be opposed to an incentive program that encourages tree retention and tree planting. Providing incentives will be seen as a positive thing as opposed to penalizing people who cut down trees. Mr. Lien pointed out that, as proposed, Tree Fund dollars can be used to offer tree vouchers for people to plant trees. Board Member Cheung concluded that the more the City can promote tree retention Planning Board Minutes November 18, 2020 Page 11 Packet Pg. 183 7.A.h and tree canopy through incentives as opposed to penalties, it will be accepted better by the community. Chair Robles concurred. Board Member Rubenkonig suggested that, in addition to inviting the public to the hearing, she would also like to hear from professionals who will have to work with the code. Mr. Lien said he invited two developers to comment on the code, but neither have responded to date. He recently invited another developer to comment, as well. Board Member Rubenkonig suggested that practicing professionals in the area should be specifically invited to attend the hearing and provide feedback. Mr. Lien responded that the City has hired The Watershed Company to work with the Tree Board to establish the Tree City USA application. Their arborist reviewed the Tree Code and indicated support. She particularly noted that the Tree Code clearly spells out what is required for a Tree Plan associated with a development proposal. The City's tree group, which has representation from all departments, has also reviewed the draft Tree Code, as has the City's arborist. Board Member Rubenkonig requested that the City issue a pertinent invitation to professionals who will be working with the Tree Code, requesting their feedback either in writing or at the public hearing. Mr. Lien announced that a public hearing on the draft Tree Code is scheduled for December 9`h, and notice will be published next week. A revised version of the Tree Code will be prepared based on the Planning Board's discussions. Board Member Pence said he supports Board Member Rubenkonig's suggestion that the City's outreach for the public hearing be enhanced to include the affected professional communities. In addition, he suggested that when money is paid into the Tree Fund in lieu of a tree obligation that cannot be met on site, the City has an obligation to use those funds to plant trees so that the net tree canopy can be achieved. As proposed, the Tree Fund can be used to support a number of soft projects that will not directly yield more trees. He would rather the funds be used to plant trees in City parks, greenbelts, planting strips, etc. where they can contribute to the City's overall tree canopy, which is the ultimate goal of the Tree Code. Mr. Lien agreed that is possible. When money comes in for the Tree Fund, different numbers could be used to identify what the funds could be used for. Mr. Chave said there could be a problem with the amount of available public land where trees can be planted. Board Member Rubenkonig asked if the Board would have an opportunity to review the Tree Code a year or two after it is adopted by the City Council. Knowing that the Board would have an opportunity at some point in the future to make appropriate adjustments would help her move forward with a recommendation of approval. Mr. Chave responded that, with any recommendation, the Planning Board can make a request that it be reviewed down the road. However, it is not something that should be adopted as part of the code. REVIEW OF EXTENDED AGENDA Chair Robles announced that the Board's next meeting will be December 9th, at which time the Planning Board will conduct a public hearing on the draft Tree Code. PLANNING BOARD CHAIR COMMENTS Chair Robles thanked staff for their support. They have so many conflicting projects, and he appreciates their hard work. Planning Board Minutes November 18, 2020 Page 12 Packet Pg. 184 PLANNING BOARD MEMBER COMMENTS Student Representative Bryan said he was a bit surprised, when he opened the Planning Board's website to prepare for the meeting, to learn that the Board had a special meeting on November 12'. He apologized for missing the meeting. He asked that he be added to the email list so he can receive future notifications. Mr. Chave agreed to follow up on the request. Board Member Monroe asked if the Board would elect 2021 Officers on December 9'. Mr. Chave said the election would be added to the December 9' agenda. Board Member Rubenkonig asked if the City could revisit limiting the height of privacy hedges. At one time, their height was c to be the same as fences. Mr. Chave said that is a topic the City Council would have to refer to the Board. There was a rather lengthy, time-consuming discussion at the City Council. The gist of the discussion was that hedges are growing things, and it is difficult to regulate the height of something that grows. The City Council ultimately decided not to regulate hedges. Board Member Pence agreed that hedges are growing things, but by their nature, they are in most cases designed to be trimmed into a shape of some kind. They shouldn't be planted and forgotten. He felt the City could find a way to deal with them in an appropriate manner. C V Board Member Pence also praised staff. He appreciated having all of the comment letters attached to the Staff Report, but d forwarded separately to each of the Board Members via their City email accounts, as well. He suggested this should be a standard procedure anytime a letter is received that deals with a Planning Board issue. d ADJOURNMENT The Board meeting was adjourned at 9:21 p.m. Planning Board Minutes November 18, 2020 Page 13 Packet Pg. 185 7.A.i CITY OF EDMONDS PLANNING BOARD Minutes of Virtual Meeting Via Zoom December 9, 2020 Chair Robles called the virtual meeting of the Edmonds Planning Board to order at 7:00 p.m. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. BOARD MEMBERS PRESENT Daniel Robles, Chair Mike Rosen, Vice Chair Matthew Cheung Todd Cloutier Alicia Crank Nathan Monroe Carreen Nordling Rubenkonig Roger Pence Conner Bryan, Student Representative READING/APPROVAL OF MINUTES STAFF PRESENT Rob Chave, Planning Division Manager Kernen Lien, Environmental Program Manager BOARD MEMBER PENCE MOVED THAT THE MINUTES OF NOVEMBER 18, 2020 BE APPROVED AS PRESENTED. BOARD MEMBER CRANK SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS There were no general audience comments. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Robles referred the Board to the Development Services Director's Report that was provided in the packet. There were no comments or questions from the Board. Packet Pg. 186 7.A.i PUBLIC HEARING ON TREE CODE REGULATIONS UPDATE Mr. Lien reviewed that the City last worked on the Tree Code in 2014 and 2015, and it drew a lot of public interest when it was presented to the Planning Board. Rather than forwarding a recommendation to the City Council, the Planning Board recommended the City develop an Urban Forest Management Plan (UFMP) that established policies and goals to guide the Tree Code update. The UFMP was adopted in July of 2019, and implementation of the plan is underway. Implementation includes updating the Tree Code, updating the Street Tree Plan, and completing an inventory of existing street trees in the downtown. Mr. Lien explained that the draft Tree Code update focuses primarily on private property, with a goal of improving tree retention with new development through the implementation of low -impact development principles and an established tree fund, as well as improving the existing definitions, permitting process and penalties. He said some of the goals in the UFMP that are addressed in the draft update include: • Goal LA — Update the tree regulations to reduce clearcutting or other development impacts on the urban forest and consider changes to tree replacement requirements and penalties for code violations. • Goal LB —Adopt a policy of no net loss to overall tree canopy and continue to enhance canopy in parks according to the Parks, Recreation and Open Space (PROS) Plan. • Goal 1. C — Ensure protection of tree resources in environmentally critical areas. • Goal LD — Establish a tree bank or fund to which donations can be made for tree planting and other tree programs. • Goal 3.A — Have a program of giving away trees and/or tree vouchers for use in Edmonds. Mr. Lien explained that the current tree regulations are located in ECDC 18.45. As proposed, the draft Tree Code has been broken into three parts, and the majority will be located in the new Edmonds Community Development Code (ECDC) 23.10 (exemptions, permit process, definitions, tree retention, tree protection, tree replacement, and violations). There will also be a new section in ECDC 20.75 (Conservation Subdivision Design Flexibility), and the provisions for a tree fund will be in a new chapter Edmonds City Code (ECC 3.95). He reviewed each section. • ECDC 23.10.020 -- Definitions Mr. Lien advised that the following definitions were added and/or amended. A. Significant Tree. A tree that is at least 6 inches in diameter at breast height as measured at 4.5 feet from the ground. D. Diameter at Breast Height (DBH). The diameter or thickness of a tree trunk measured at 4.5 feet from the ground. K. Protected Tree. A tree identified for retention and protection on an approved tree replacement and protection plan, replacement in relation to a permit or plan, and/or permanently protected by an easement, tract, or covenant restriction. Protected trees are not eligible for an exception to the tree regulations. • ECDC 23.10.060 — Tree Retention Associated with Development Activity Mr. Lien explained that, as proposed, an approved tree retention plan would be required in conjunction with all short subdivisions (up to 4 lots), subdivisions (5 or more lots), new multifamily development, and new single-family development on a vacant lot or demolition and replacement of a single-family house. A tree plan would also be required for tree removal on developed sites that are not exempted by ECDC 223.10.040. • ECDC 23.10.040 — Exemptions Mr. Lien emphasized that the Tree Code would generally apply to short subdivision applications, subdivision applications, new multifamily development and new single-family development. However, similar to the current tree code, some exemptions would apply. As proposed, the following activities would be exempt: o Removal of trees on an improved single-family lot without critical areas. Planning Board Minutes December 9, 2020 Page 2 Packet Pg. 187 7.A.i o Removal of non -significant trees not protected by other means. o Removal of trees for utility maintenance. o Removal and maintenance of trees in City parks by the Park Department. o Routine landscaping and maintenance. o Routine re -topping of trees to a previously -topped level. Mr. Lien explained that the removal of hazard and nuisance trees would not require a permit, but supporting document would be required. An example of a nuisance tree would be a healthy tree that is buckling a driveway or continually plugging the sewer line. c 0 • ECDC 23.10.050 — Tree Removal Prohibited 3 a� m Mr. Lien advised that, as proposed, the following would be prohibited: m o Removal of protected trees unless the trees are determined to be hazard or nuisance trees. 0 o Removal of trees from vacant lots prior to development unless the trees are determined to be hazard or nuisance trees. L o Removal of trees during permitted demolition of structures except as reasonably necessary to conduct demolition ~ activity. m o Removal of trees in critical area and critical area buffers except as allowed in ECDC 23.40 — 23.90. • ECDC 23.10.060(C) — Tree Retention Requirements Mr. Lien reviewed that the proposed tree retention requirement for proposed development would be 30% of all significant trees for new single-family, short plats and subdivisions. The retention requirement for new multifamily and unit -lot subdivisions would be 25%. He reminded them that the focus of the tree code update is to retain more trees with development, and the Planning Board has considered the following priorities: o Priority 1 — Specimen trees, trees which form a continuous canopy, trees on slopes and critical areas and trees over 60 feet in height or 18 inches DBH. o Priority 2 — Tree groupings, trees within setbacks or around perimeter, trees performing a screen function and other significant native and non-native trees. o Priority 3 — Alders and Cottonwoods. • ECDC 23.10.080 — Tree Replacement Mr. Lien advised that, as proposed, tree replacement would be required for each significant tree that is removed, and the number of required replacement trees would be based on the diameter of the trees removed. One replacement tree would be required to replace trees that are 6 to 10 inches DBH; two replacement trees would be required to replace trees that are 10.1 to 14 inches DBH; and three replacement trees would be required to replace trees that are above 14 inches DBH. • ECDC 23.10.080(E) — Tree Replacement Fee -in -Lieu Mr. Lien explained that if all of the required replacement trees cannot be planted on a project site, the current proposal would require $1,000 per tree not planted to be paid into the City's Tree Fund. The money in the Tree Fund would have to be used to purchase trees to be planted elsewhere within the City limits. • ECDC 23.10.085 — Protected Trees Notice on Title Mr. Lien recalled that questions were raised at a previous meeting about how a subsequent property owner would know that a tree on his/her property is protected. This provision was added to require that protected trees be recorded as Notice on Title. When someone purchases the property, they will see the notice when reviewing the title. The language was copied from the Critical Area Ordinance, which also requires Notice on Title. Planning Board Minutes December 9, 2020 Page 3 Packet Pg. 188 7.A.i • ECDC 20.75 — Conservation Subdivision Design Mr. Lien explained that the purpose of this new section is to promote retention of significant and specimen trees and natural resources through some amount of flexibility in the lot layout of subdivisions in order to preserve and provide for low -impact development. The priority of tree retention, as noted earlier in the presentation, would be applied to this section, as well, and the flexibility would be administratively reviewed as part of a subdivision application. The following flexibility is proposed: 1. Setbacks could be reduced to no less than 15 feet for street setbacks, 10 feet for rear setbacks and 5 feet for side setbacks. c 2. Lot sizes may be reduced to allow clustering while not increasing the overall density allowed by the zone. 3. Structural coverage may be increased on individual lots provided the overall coverage of the buildable lots do not 2 3 exceed the lot coverage allowed by the zone. 4. Variations in parking lot design and/or access driveway requirements may be granted when the public works, fire and planning officials determine the variation would be consistent with the intent of City policies and codes. 0 t� • ECC 3.95 — Tree Fund m m L Mr. Lien advised that this section establishes the Tree Fund, and all revenue, mitigation fees, fines and penalties received under the new Tree Code chapter would be deposited to this fund. All civil penalties under ECDC 23.40 (Critical Area) would also go into this fund, as well as donations, grants for tree purposes and other monies allocated by the City Council. As proposed, the funds could be used: 1. To provide tree vouchers to individuals purchasing and planting trees in the City of Edmonds. 2. To pay for services provided by a qualified tree professional. 3. To pay for services that support urban forest management and health. 4. To acquire, maintain and preserve wooded areas within the City. 5. To purchase supplies and materials for Arbor Day and other education purposes. • ECDC 23.10.030 -- Permits Mr. Lien explained that the intent with the current update is to tie single-family and multifamily properties to the same permit process. It isn't fair that single-family property owners have to pay $1,000 for a permit when the fee for commercial and multifamily properties is only $305. As proposed, any tree removal not specifically exempted by ECDC 23.10.040 would be processed as a Type I Permit, which is a staff decision without notice. Similar to the existing code, there would be a procedural exemption that allows tree removal associated with a building permit, subdivision or other land use approval to be reviewed with the associated project without requiring a separate tree removal permit. • ECDC 23.10.100 — Violation, Enforcement and Penalties Mr. Lien explained that, as per the proposed code, civil penalties would be determined according to one or more of the following: a. An amount reasonably determined by the Director to be equivalent to the costs estimated by the City to investigate and administer the infraction. b. The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property, etc.). c. Removal of existing 12-inch diameter or larger trees requires an appraisal of the tree value by the City's tree protection professional using trunk formula method in the current edition of the Guide for Plant Appraisal. using the trunk formula method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed existing trees in violation of the code. d. Penalty for illegal removal of trees shall be $1,500 per tree less than 12" DBH and the appraised value of trees 12" DBH or more in diameter. Penalties shall be paid into the City's Tree Fund. e. Violators will be responsible for restoring unlawfully damaged areas in conformance with a plan approved by the Director. Planning Board Minutes December 9, 2020 Page 4 Packet Pg. 189 7.A.i Mr. Lien added that a new section "Aiding and Abetting" would make the tree cutter equally as liable as the property owner. • Examples Illustrating How the Proposed Tree Code Provisions Would Be Applied Mr. Lien shared examples to illustrate how the proposed tree retention, tree replacement and tree fund provisions would be applied to new single-family, short subdivisions, subdivisions and multifamily development. He also provided examples of how the conservation subdivision design provisions would be applied. For each example, he pointed out the number of existing trees, the tree retention requirement, the number of trees to be retained, the number of required replacement trees, the number c of replacement trees planted on site, and the amount of the Tree Fund payments. +, Mr. Lien explained that, in addition to the Tree Code, there are a number of other provisions that apply to new development 3 such as access easements, landscaping, setbacks, utility easements, etc. These other code requirements also have a significant impact on a developer's ability to save existing trees. Using the conservation subdivision design concept, the houses could be clustered closer together in order to retain more trees. In the example he provided, the lot widths, access easement and setbacks V were reduced. Using the flexible design concept, the developer would be able to save 62 existing trees as opposed to just 15. Because more trees could be retained on site, the Tree Fund payment would be reduced from $315,000 to $202,000. L H Mr. Lien said he is concerned that the required Tree Fund payments are too high. He referred to the example he provided earlier of the 4-lot subdivision, noting that although the developer could retain 40% of the existing trees, the required Tree Fund payment would still be substantial. Using Park and Traffic Impact Fees for comparison, the 4-lot subdivision example would require a $58,000 Tree Fund payment compared to a combined payment of about $27,000 for Park and Traffic Impact Fees. He proposed the following alternatives to reduce the required Tree Fund payment: o Reduce the replacement ratios to 1 replacement tree for trees that are 6 to 14 inches DBH, 2 replacement trees for trees that are 14.1 to 24 inches DBH, and 3 replacement trees for trees that are greater than 24 inches DBH. o Reduce the fee -in -lieu for each tree not planted to $500. o Place a cap on the amount required to be paid into the Tree Fund. Mr. Lien reviewed each of the examples again to illustrate how they would be impacted by the alternative language. He pointed out that, in most cases, the Tree Fund payments would be substantially less than the required Park/Traffic Impact Fees. However, with the conservation Subdivision Design, the Tree Fund payments would still be substantially greater than the Park/Traffic Impact Fees. Mr. Lien reiterated that the proposed Tree Code was primarily focused on how to retain trees with development. The Tree Code, in and of itself, will not help the City meet its no -net -loss requirement. Additional work on potential incentives to encourage property owners to retain trees on their sites will follow. In addition to the voucher program to encourage people to plant trees, the City is working to update the Street Tree Plan. There are many things the City can do to retain trees, including educating the public about their importance. The City is currently working on a Heritage Tree Program, which will be a voluntary program to recognize special trees on private properties. Board Member Monroe asked if staff is suggesting that they retain the 30% retention ratio and $1,000 per tree fee. Mr. Lien responded that a fee of $1,000 per replacement tree resulted in some very high replacement costs. He suggested that the Board consider the alternatives he recommended: reducing the replacement ratios, reducing the fee -in -lieu amount and/or placing a cap on the amount required to be paid into the Tree Fund. Chair Robles opened the public portion of the hearing. Anna West, Edmonds, said she spoke before the Board a few weeks ago about the need to address the protection of water views in the Tree Code. Trees have potential to block views. She said she lives in the Edmonds Bowl, and tree topping comes up in a lot of discussions because it helps to maintain water views. She is concerned with the phrase "illegal tree topping" and its associated penalties. She is also concerned about the definition for tree topping, which is "the significant cutting back of the leader stem or major branches resulting in severely altering the growth potential of a tree. " She expressed her belief that there should be an exception for when tree topping is used to maintain a water view. She noted that the draft Tree Code includes Planning Board Minutes December 9, 2020 Page 5 Packet Pg. 190 7.A.i a lot of exceptions for pruning canopy growth to protect utilities. Knowing how important the water is to Edmonds, she suggested the code should also include exceptions for when trees impact water views. From a physical perspective, residents with water views pay more in taxes, which is valuable to help the City thrive in a variety of ways. She said she is prepared to ask for a tax reduction if the revised Tree Code impacts her water views, which seems like a lose/lose for everyone. She said she reviewed the archives and watched the video recording of the Planning Board's May 27, 2015 public hearing on the Tree Code where some residents requested that the code provide more balance, addressing both trees and water views. However, the current draft does not take this into account. She summarized that, in her opinion, not including view protection in the Tree Code highlights a disconnect in how valuable the Puget Sound is to Edmonds residents and visitors. The current draft has the potential to penalize residents who are trying to maintain their water views, and she believes it will backfire on the City in the c long run. She asked that the Board consider verbiage regarding water view protection, or at the very least, remove the tree topping penalty clause altogether. 3 Bill Phipps, Edmonds, expressed his belief that the draft Tree Code update represents a great start. The provisions that would a� W apply to new development are better than he expected, but he is concerned that they are already considering modifications that would weaken them. He said he is not in favor of the alternative replacement criteria suggested by Mr. Lien. It is important V to plant multiple replacement trees for every three that is lost. Following adoption of the proposed update, he suggested it will be time to address tree loss on land that is already developed, which is where most of the City's tree canopy is located. He noted that most cities limit the number of trees that can be removed in a given period of time. He urged the Board to finish the -- job of writing a thorough and meaningful tree code. He asked the Board to consider the thoughts he shared in a letter he m submitted to the Board prior to the meeting. 3 Eric Thuesen, Edmonds, agreed that it is important to protect the existing tree canopy, but the effort must be addressed on a more global level in order for it to succeed. He noted that about 98% of the property in Edmonds is already developed, and a small percentage is undevelopable. He questioned the fairness of passing the entire cost of protecting the tree canopy to new property owners when the overall society will benefit. He suggested they consider other ways to accomplish the overall goal. For example, they could raise the fees for cutting down trees on developed properties or providing incentives for people to plant additional trees on their lots. These approaches would result in more trees. While there is a lot of friction coming from the general public, equal participation from all citizens is important when it comes to meeting the needs of the community. He expressed his belief that the net effect of the Tree Code, as applied to new development, would be negligible, and the costs would be high. They need to come up with a code that is more equitable for all citizens of the community. If proposed properly, the City's residents might be more willing to save trees on their own properties. He pointed out that clear cutting has happened on developed property, as well, specifically about twenty-four 10-inch trees were taken down recently at 527 12' Avenue North with just one permit. The danger of losing trees is as great on developed land as it is on undeveloped land. Chris Yockey, Edmonds, said that from a developer standpoint, the proposed Tree Fund payments seem awfully high. He voiced concern that the payments will significantly increase the cost of each unit, making it more difficult to address the need for affordable housing in the City. While he understands that topping can kill a tree, he asked if the proposed Tree Code would allow him to take care of the limbs from trees on adjacent properties that hang over into his yard by 30 feet. Louise Favier, Edmonds, commented that the access given to street and sidewalk seating for her business has made a massive difference in her life. She appreciates the work the City puts into creating a good plan for the businesses in Edmonds, in particular the restaurants and bars to be able to continue to use the rights -of -way during these challenging times. They would like to continue to have street and/or ongoing sidewalk seating for another year or two so the businesses can have an opportunity to recover. She said she loves the City's tree retention efforts and appreciates the existing tree canopy. Larry Vogel, Edmonds, said he was present to cover the public hearing for MYEDMONDS NEWS. He requested a copy of Mr. Lien's PowerPoint presentation, and Mr. Lien agreed to send it along. Lora Hein, Edmonds, asked the Board to weigh their recommendation based on the broad -scale impacts. She recognized that the current culture prioritizes monetization of business and financial gain over preservation and conservation of natural systems, which are more challenging to assign a dollar value. One indication is how many people express being tired of the impacts endured in the face of multiple crisis in 2020 and wish to return to normal. However, 2020 has presented an essential opportunity. The challenges they are facing are the culmination of gross mismanagement of the planetary ecosystem. Until and unless they take a serious look at combined effects of colonization and monetization mindset, they will be looking down Planning Board Minutes December 9, 2020 Page 6 Packet Pg. 191 7.A.i the barrel of 2020-like years and worse for decades to come. On the other hand, if they take time to stop, listen and look both ways, back as well as forward, they may yet have a chance to halt the juggernaut of climate destruction that is becoming increasingly out of control. Ms. Hein commented that forging ahead without a plan only compounds the current dilemma. A flawed result is not better than none, it is worse because it gives the impression that something has been done. She proposed that the City adopt a moratorium on removing any trees in any development until a functional tree ordinance can be crafted. Such a moratorium needs to be accompanied not only by hefty fines, but a halt to any construction that continues in violation of a moratorium. They need to end, or at least pause, business as usual, take a deep breath of the air provided courtesy of the arboreal neighbors c and decide how they will manage to pay back the dept that is owned to the living forest they have inherited from the first inhabitants recognized in words at the beginning of each City Council meeting. She observed that before the Salish-speaking tribes took up residence on these shores, other inhabitants as deserving of our honor, not only in word, but in deed, made their lives and ours possible. m Ms. Hein emphasized that without more stringent replacement and enhancement requirements, incentives and penalties, they G will continue down the path of ever decreasing quality of the natural support system. They need more widespread understanding of the essential benefits trees provide in saving energy, not to mention sequestering carbon, our only current hope to prevent global catastrophe from climate transformation. Goals for trees on single-family residential lots in non -critical -- areas, which are the majority of land resources in the City, are woefully inadequate. The City must go far beyond asking for m voluntary public participation. Instead, they should ask how much the air we breath is worth. Trees are more than pretty 3 individuals. They require a network of supporting species to remain viable. The same can be said of humans, as a species. c Without trees and the communities that support them, we too are doomed to years far worse than what we have experienced in 2020. Marjie Fields, Edmonds, said she was disappointed to hear the proposed reduction in Tree Fund payments. With minimal fees, the City will lose the motivation to protect the trees. She said she submitted a letter prior to the meeting emphasizing her points of concern. She is concerned that there is too much emphasis on exemptions to the proposed regulations. There is also too much focus on replacement rather than retention, which is far more valuable. What is missing is scientific evidence to determine the goals of the Tree Code and the effects of the exemptions. Lack of environmental analysis, measurable goals and baseline data limits the value of the code. She said she hopes the Board will continue to adjust the Tree Code to achieve the goal of retaining trees in Edmonds. Richard Bologna, Edmonds, asked how an illegal tree removal fee would be enforced and collected and who the City would retain to assess the health of trees. He also asked if anyone has ever attempted to determine the fair market value of an individual tree and how much other revenue would be contributed to the Tree Fund by the City Council. Steve Zemke, Edmonds, said he is speaking as a former member of the Seattle Urban Forestry Commission for six years, as well as chair of the citizen's group called TreePAC. He commended the City for pursuing with the proposed Tree Code update. He said the City of Seattle has been working to update its tree ordinance for 11 years, and it appears that the City of Edmonds will be adopting a number of steps that have been recommended for Seattle but haven't yet been put in place. He said Portland is an example of a City that has taken steps to preserve trees, including a tree fund, and a few years ago they raised about $1.5 million to help plant new trees within their City. Portland just recently updated its tree ordinance to address trees with new development. They changed the replacement requirement to apply to trees over 20 inches, and it had previously been 36 inches. They have been charging $450 per inch for trees that are 12 to 20 inches DBH, and they are now proposing $1,800 per tree removed. When considering replacement requirements, it is critical to take the approach that the larger the tree that is removed, the greater the replacement requirement. He suggested that an additional category be added for trees over 30 or 36 inches. The priority should be to preserve existing trees, as it takes decades for trees to reach their ultimate size. Existing trees provide immediate and ongoing benefits that cannot be matched by smaller, younger replacement trees. Replacement trees also need more maintenance, and not all of them will survive. He suggested that the Tree Code specifically require that the replacement trees must be maintained for a certain number of years. He summarized that the proposed Tree Code is a great first step to protect the urban forest and the benefits that trees provide to the City's citizens. Susie Schaefer, Edmonds, commented that no trees have ever been retained in her neighborhood when new development has occurred, and she is happy to see that the City will be requiring tree retention. She said she would like the City to have a goal Planning Board Minutes December 9, 2020 Page 7 Packet Pg. 192 7.A.i to increase the tree canopy. She is worried about the impacts of climate change in the future. They will need every tree they can get to provide shade, cooling, etc. She said she is interested in the emphasis on education. She has been running the Edmonds Wildlife Habitat and Native Plant Demonstration Garden at the fish hatchery for the past 10 years, and they have done a lot of education. She said she is looking forward to sponsoring some tree planting workshops and teaching people how they can plant trees. She will work with the Snohomish County Conservation District on this effort. They have a lot of good materials, and they sell trees and native plants at a low cost. She said she appreciates that the Tree Code indicates a preference for native plants and trees, but she would prefer Alders to non-native trees. She said she misses the trees that have been lost over the years. Chair Robles closed the public portion of the hearing. Board Member Crank voiced concern that developers would lean towards tree replacement rather than tree retention, and she doesn't see how this would result in increased tree canopy. She said she would not support decreasing the fee -in -lieu payments because developers tend to be okay with paying in -lieu fees, especially if they are in areas where the housing market prices are high. Mr. Lien explained that the UFMP did not adopt a goal to increase the tree canopy. The UFMP adopted goals of no net loss of the overall canopy and continuing to enhance the tree canopy in parks as per the Parks, Recreation and Open Space (PROS) Plan. The current proposal is a Development Code update that is specifically focused on retaining trees with development and was not intended to achieve all of the goals spelled out in the UFMP. If the City's Council chooses to address trees in a more holistic way, other actions will be needed and could include incentives, a heritage tree program, more education, planting trees with vouchers from the Tree Fund, etc. Board Member Crank asked if any thought has been given to establishing a cap on how much of the replacement requirement can be satisfied with the in -lieu payment. Again, she voiced concern that developers will take full advantage of the fee -in -lieu opportunity. Without a cap, it will be difficult for the City to achieve no net loss when development occurs. Mr. Lien explained that when he prepared the examples, he felt that the replacement costs were too high. He applied the alternatives (reducing replacement ratios, reducing the fee -in -lieu for each tree not planted to $500 and/or placing a cap on the amount required to be paid into the Tree Fund) to show how the replacement costs would be impacted in each scenario. He felt this information would be informative to the Planning Board's discussion. He pointed out that, in some situations, the replacement costs could be excessively high for a development impact fee. Mr. Lien responded to the following questions raised by Mr. Bologna during the public comment period. • How would an illegal tree removal fee be enforced and collected? Mr. Lien explained that the City's code includes Notice of Violation Procedures. The City investigates reports of illegal tree cutting. If it is determined that a tree has been cut illegally, a Notice of Violation will be issued to the property owner and fines will be assessed depending on the situation. The process is clearly spelled out in the code. • Who would the City retain to assess the health of trees? For hazardous tree removal, Mr. Lien advised that the City would require that the tree be assessed by a certified arborist, and the International Society of Arboriculture Tree Assessment Form must be filled out. If the assessment comes back as high or extreme, the tree would be classified as a hazardous tree that could be removed. • Has anyone ever attempted to determine the fair market value of an individual tree? Mr. Lien said there are a variety of tools to calculate the value of a tree. While some early drafts of the UFMP identified values based on the ecological services that trees provide, some questions were raised about how accurate they were and the section was removed. • How much other revenue would be contributed to the Tree Fund by the City Council? Mr. Lien said this provision was included as just one of the ways that funds could be placed into the Tree Fund, but there was no specific dollar amount associated with it. Vice Chair Rosen thanked Mr. Lien for his hard work preparing the update, and for his quick responses to the comments and questions raised by the Board to date. He also thanked the citizens who provided both oral and written comments. He found them to be very thoughtful, and they absolutely influenced his thinking. He asked if the City considers wildlife corridors as critical areas. Mr. Lien answered that the Critical Area Ordinance recognizes the Priority Habitat Species Layer, which is maintained by the Washington State Department of Fish and Wildlife. There are a few wildlife corridors identified in the City, and one of the main ones is Shell Creek from Yost Park down. While habitat corridors are recognized as critical areas, there are no specific regulations or setback requirements associated with them. Most of them are associated with stream channels. Planning Board Minutes December 9, 2020 Page 8 Packet Pg. 193 7.A.i There are forested areas in the northern portion of the City, and there is a 30% native vegetation requirement for development in these areas. He summarized that habitat corridors are recognized as critical areas, but they don't have any specific regulations that apply to them because there aren't any species of local importance. Vice Chair Rosen observed that the City's tree canopy is currently at 30%, and the maximum potential is 57%. The City is nearly built out and the current proposal will not achieve even no net loss. If the City is serious about no net loss, they need to be more aggressive. They must either change what they are doing or change the goal. He said he understands staff s sensitivity when it comes to applying the tree replacement requirement to larger developments, but he felt the City should be agnostic to the use of the land. Loss of trees and loss of land has an impact. Whether it is for a few units or 30 units, there is an economy of scale and profit that comes with that. While he appreciates that staff offered the alternatives, he encouraged the Board to follow the original proposal. Vice Chair Rosen said he understands the City's historic position when it comes to protecting views, but it is important to acknowledge that views are both financially and emotionally valuable and cherished in the community. Passions run high when it comes to views. To address this, he suggested that the following language could be added to the Intent and Purpose Section: "The City of Edmonds recognizes and celebrates the value of our proximity to and views of Puget Sound and the mountains. While the City does not enforce tree limits for views, except as expressly stated in this code, property owners are encouraged to consider mature heights when planting to avoid planting things that will block views down the road and to allow windowing, drop crotch and other pruning methods that won't damage the tree at the beneficiary's expense when asked. " Vice Chair Rosen also suggested that the Board send a parallel recommendation to the City Council that they consider, through the Board if they prefer, addressing vegetation that is used as fence. While there are reasons why a hedge is desirable to a property owner, neighbors, the community, etc., that is not always true. He recommended the following language be added: "Vegetation used as a fence be restricted to the maximum height allowed for fencing if there is a demonstrated cause by someone negatively affected by the greater height and for those that already exist at the expense of the person who would benefit. " Vice Chair Rosen explained that the language could be very narrowly defined to address situations where hedges block solar panels, result in the inability of a neighboring property owner to grow plants due to shading, block light from entering into a home, or reduce safety. This issue has been out there for a while and could be addressed as part of the proposed update. Board Member Monroe recalled the citizen comment/question regarding tree topping. He said his understanding is that there would be no penalty associated with a private property owner topping trees on his/her property. The penalty would come if you top a tree on someone else's property. Mr. Lien explained that tree topping is considered tree cutting and would be prohibited on properties that are not exempt from the Tree Code. Trees on properties that are exempt from the Tree Code, such as developed single-family properties with no critical areas, can be topped without a fine. However, topping is bad arboriculture practice and opens trees to rot and damage. On properties that are not exempt, a property owner could apply for a permit to remove a tree that is blocking view and then plant a tree that is more appropriate for the location. Board Member Pence asked about the cost associated with planting trees off site using money in the Tree Fund. He suggested that perhaps the per -tree fee should be attached to the actual cost of planting new trees elsewhere. Mr. Lien said he doesn't know the cost associated with purchasing and planting trees, but he could ask the Parks Department to respond. If the planting cost is reasonable, Board Member Pence observed that the City could plant more than one tree for each of the trees that are removed. Mr. Lien reminded them that, based on the proposed replacement ratio, more than one replacement tree would be required for most of the trees that are removed. He said that in some jurisdictions, the fee -in -lieu programs are based on the cost for planting and maintaining a tree. When the concept was initially introduced to the Planning Board, the feedback was that developers would be more likely to find ways to retain and/or plant more trees on site if the dollar value is a little higher. Board Member Cloutier summarized that, as proposed, someone who has been topping a tree to protect a view would be allowed to continue to top the tree. However, new trees that are planted and eventually grow to block a view could not be cut down Planning Board Minutes December 9, 2020 Page 9 Packet Pg. 194 7.A.i without a penalty. Mr. Lien referred to the last sentence of ECDC 23.10.040.E, (routine maintenance exemptions), which states that, "Pruning existing trees back to the point where they have been previously topped is considered maintenance for these trees alone. " He explained that if a tree has been previously topped, a property owner could continue to do so back to the previously topped level. Whether or not a new tree that grows to block view would require a permit would depend on whether or not the property falls under any of the other exemptions. On developed single-family properties with no critical areas, trees could be topped without a permit, but it would still be considered poor arboricultural practice. On developed single-family properties with critical areas, a tree cutting permit would be required to replace the tree. Board Member Cloutier clarified that critical areas include steep slopes, properties near watersheds, etc. That is not the case c in most of the City's neighborhoods. Mr. Lien noted the steep slopes on properties in the bowl area and explained that critical areas include erosion hazard areas (slopes between 15% and 40%). However, in the proposed code, the exemption was modified to exclude trees on properties with a slope of 25% or more. Developed single-family properties with slopes of less than 25% would be exempt from the tree code. m Chair Robles asked if the Board is ready to send the proposal to the City Council with a recommendation of approval or if more V work is needed before that can happen. Mr. Chave said that is something the Board will have to decide. The Board can either make a recommendation at the end of the meeting or identify specific issues they would like staff to work on further. Board Member Rubenkonig commented that, based on her own review of the proposal, as well as the written and oral public testimony, she found that, whereas the general nature of the code rewrite is acceptable, it is time for the Planning Board to support a more robust approach to retaining existing tree canopy and its habitat. Upon hearing from the citizens of Edmonds, she believes the current proposal falls short because it is limited to retaining only 30% of the existing tree inventory of the original lot. If there is little inventory, there would be no gain for additional tree canopy. Instead, the City should encourage retention and even increasing available tree canopy, which includes shrubs and ground cover, by proposing that subdivisions provide 30% coverage of the lot to be tree canopy, typical of the Pacific Northwest forests, include retaining, which can count towards the 30% of the significant trees and the understory shrubs and ground cover. This approach would be similar to the Snohomish County regulations, which seemingly provide more coverage for tree canopy, understory and ground cover, along with flexibility for site design to meet the requirements. She expressed her belief that this approach would be a workable solution that would honor the goal of the UFMP towards zero net loss of the tree canopy and would provide developers with flexibility. Increasing tree canopy habitat, which would be more than what exists in the current code, along with site design flexibility, which the proposed update already addresses, would be a workable solution for Edmonds. She summarized that she would be interested in having Snohomish County's approach being considered as part of the proposal. At the very least, she would like it to be included as an item that deserves further attention if the Board decides to forward a recommendation on the proposed Tree Code to the City Council. She would also like the City Council to give attention to the proposed replacement schedule, as well as Vice Chair Rosen's suggestion that language be included to address private view sheds. Board Member Rubenkonig observed that many of the citizens who provided comments stressed the importance of tree retention. They are not as interested in replacement. She would rather have an approach that hinges on retention as opposed to replacement. Board Member Monroe summarized that Board Member Rubenkonig is suggesting there is a preference for having a final result of density on the property at the end of the day. If there is a limited number of trees, a developer would be required to plant more trees than are there right now. To that extent, he suggested that the retention requirement be increased to 40% or 50% or 30% total density, whichever is greater. This would challenge the developers to figure out how to make that work and size the houses right to fit on the lots. He suggested that the Board ask staff to evaluate this option's impact on the cost of development. While the numbers might be high for an entire development, the per home cost would be consistent with what is happening in other jurisdictions. Mr. Chave commented that Mr. Lien's analysis had less to do with the number of homes and more to do with how many trees were on the property. The most expensive example was on a property that was being subdivided into four lots. The cost associated with the 10-lot example was far less. Board Member Monroe said his approach would raise the price of the 10-lot subdivision because a developer would no longer be allowed to take advantage of open grassland. It would force a minimum of 30% density when the project is completed. He noted that is the benchmark the City is trying to achieve. Planning Board Minutes December 9, 2020 Page 10 Packet Pg. 195 7.A.i Board Member Rubenkonig clarified that when she uses the words "tree coverage," she is looking at the site plan and wants to see where the trees have been maintained. Significant trees that are retained could go towards the count, but it would be evident on the site plan how much the site would create towards the City's total tree canopy. She said she is not as comfortable with the word "density" when applying it to Board Member Monroe's recommendation because the public better understands the coverage that is needed for the lot. Board Member Monroe said he understands her concern, but the UFMP specifically states that the City's current canopy is 30%. That same mathematical equation should be applied to properties that are being developed. Board Member Rubenkonig agreed. She pointed out that Snohomish County requires 30% coverage, and it is up to the developer to determine how that 30% will be provided on the site. This approach is more direct and emphasizes retention, which is what the citizens seem to prefer. c 0 Board Member Cheung recalled that, at the beginning of his presentation, Mr. Lien mentioned that the current proposal is only intended to address one topic of the UFMP. The Board could have a separate discussion on trees that are on private properties. Mr. Lien responded that the current proposal is focused on retaining trees with development. At this time, he can't say that W another update will follow to address trees on developed properties. However, other steps will need to be taken to reach the goal of no net loss of overall tree canopy. These steps include educating property owners on the importance of retaining trees, o providing vouchers for private property owners to plant trees, reviewing opportunities to plant more trees in city parks, updating the Street Tree Plan and creating incentive programs to encourage tree retention. Again, he said the primary focus of the current update is how to retain trees with development. -- Mr. Lien said he would need more information to create language to implement the concept put forward by Board Member Rubenkonig. Is she suggesting that 30% of the lot must have trees on it as canopy coverage, or would one very large big -leaf maple tree meet the requirement? While counting the existing trees and applying the replacement ratio would be easy to do, a 30% lot coverage requirement would be significantly more complicated to apply. Board Member Cheung said a number of citizens voiced concern that the proposed update doesn't do more to protect trees on private property, which is where the majority of the existing trees in the City are located. It would ease their concern if they knew that the City would be considering other actions at a later date. He noted that the issue of view would be better addressed by private property tree regulations. Mr. Lien said the update would only regulate trees on private property as part of development. They could add a provision in ECDC 23.10.030 (Permits) that would limit the number of trees a developed single-family property could remove during a set period of time. However, this would require the City to establish a tracking system and additional code enforcement would be necessary. Board Member Cheung recalled that, when the last Tree Code update was presented for a public hearing in 2015, there was significant opposition to the idea of regulating trees on developed single-family properties. He suggested the Commission focus on solving the immediate problem at hand, which is tree retention and replacement requirements associated with development. Mr. Lien emphasized that the current proposal addresses a concern that staff hears most frequently, which is clearcutting on properties that are being developed. However, the City Council may direct the staff and Planning Board to address trees on developed properties at a later time. Board Member Cheung said it is important that the public understand that this is the first step, and additional steps can be taken in the future that might address their other concerns. Board Member Rubenkonig explained that the beauty of Snohomish County's approach is that they give credit for the canopy size of any retained tree. This credit goes towards the total tree canopy that must be provided on the site. They also give credit towards species that are planted that will provide a healthy canopy within so many years. Snohomish County's approach appears to be creating mini Pacific Northwest forests around the County, which is healthy. Their approach appears to practice retention of the tree canopy and its understory shrubs and ground cover, which create the necessary habitat. She would like the City's code to focus on retention versus replacement, as well. Board Member Robles reminded the Board that the proposal before them relates strictly to tree retention and replacement as part of development. Any comments related to trees on private properties that are already developed are mute in this discussion. At this time, the Board could forward a recommendation to the City Council with some caveats, or they could decide that the proposal needs more work and the recommendation could be postponed to a future meeting. Board Member Cloutier commented that, while the Snohomish County code emphasizes retention, it also has the exact same replacement consideration outlined in the draft proposal. If the trees are located where a structure needs to go, they cannot be Planning Board Minutes December 9, 2020 Page 1 I Packet Pg. 196 retained. The 30% requirement is only applicable to one specific kind of lot. The requirement for a single-family home is 20%, and it goes down as low as 15% in urban areas. As Mr. Lien pointed out the goal of the Development Code should be no net loss, and increasing the tree canopy can be addressed by implementing the goals and policies outlined in the UFMP. As proposed, the trees could be shift from one side of the property to the other, new trees can be planted, or money can be paid into the Tree Fund for trees to be planted somewhere else. It is not the objective of this code to create new forests in the City. If they want to change the objective of the code, they will need to start all over. He expressed his belief that the proposed Tree Code adequately accomplishes what it is intended to: no net loss and requiring developers to pay for the offset. In terms of the best approach to meet the goals of the UFMP, Board Member Rubenkonig said she sees both options as equal. c Option 1 would be to recommend the approach presented by Mr. Lien and Option 2 would be to consider Snohomish County's approach of requiring 30% retention. She cautioned that they need to be very mindful that development will either take away or add to the tree canopy. Although she always respects Board Member Cloutier's approach to make sure they are on fur ground and focused on what they are being tasked to do, she would have a hard time seeing the option outlined by Mr. Lien as being any different than the option she is recommending. Both options would meet the same objective. 0 Board Member Crank commented that, if the Board decides to recommend approval of the proposal as currently drafted, she remains firmly opposed to the alternatives put forward by Mr. Lien that would reduce the replacement ratios, reduce the fee - in -lieu for each tree planted or place a cap on the amount required to be paid into the Tree Fund. Edmonds is a fairly expensive -- real estate area, and she doesn't foresee developers choosing to retain trees rather than paying into the Tree Fund regardless of m the amount. Vice Chair Rosen concurred. Board Member Monroe commented that, after hearing from Board Members Rubenkonig and Cloutier, he is comfortable withdrawing his suggestion that they increase the retention requirement to 40% or 50%. However, he felt that Board Member Rubenkonig's suggestion is worth further exploration. He agreed with Mr. Lien that the replacement cost might be too high, and there needs to be a balance of property rights, community rights, views and the environment. Vice Chair Rosen asked if any of the Board Members would object to adding additional language to the Intent and Purpose Section to address views. Mr. Lien pointed out that, without specific regulations that protect views within the code, it wouldn't make sense to have it in the Intent and Purpose Section. He sees this issue being addressed via education. For example, they could educate property owners about planting the right trees in the right places. The Tree Board has been working on a tree list that can be used as an education piece. Mr. Chave agreed that codes are not a good vehicle for messaging. Codes are generally used to tell what is allowed and not allowed. Folding the view issue into the education piece would be a better approach. Vice Chair Rosen respectfully disagreed. While he understands staff s point of view, views are such a high interest. The draft code addresses trimming and maintenance, and views should be part of the equation. Board Member Cloutier summarized that Vice Chair Rosen is suggesting that the City should be mindful of property rights and people's desire to have a view and should make regulations that are aligned with that. However, he said he doesn't believe the issue should be addressed in this particular development code. There is nothing in the proposed update that would change the rules related to view, and there is nothing in the current code that addresses retaining and/or maintaining views. The proposed update would not grant any special rights or place any limitations based on view. He voiced concern that adding language stating that view is important would imply that properties with views would get special treatment, which is not the case. Board Member Rubenkonig reminded the Board that they can use their meeting minutes to share their concerns with the City Council. For example, the minutes could reflect that the Board is interested in reviewing regulations related to private view sheds. The minutes could also reflect that the Board is interested in regulating the height of hedges and bushes the same as a fence if used for privacy purposes on a lot's perimeter boundary. While the issues would not be addressed as part of their recommendation on the Tree Code, they could emphasize the issues as warranting further consideration in the future. Vice Chair Rosen agreed that would be an appropriate approach. BOARD MEMBER RUBENKONIG MOVED THAT THE BOARD ADVISE THE CITY COUNCIL OF THEIR INTEREST IN REVIEWING REGULATIONS RELATING TO PRIVATE VIEW SHEDS AND PRIVACY SCREENS SUCH AS HEDGES AND BUSHES. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. Planning Board Minutes December 9, 2020 Page 12 Packet Pg. 197 Board Member Cloutier asked if Mr. Lien's alternatives for the tree replacement fee were incorporated into the language that is currently before the Board. Mr. Lien said they alternatives have not been incorporated into the draft code language. He suggested the Board specifically look at the replacement ratios, which is directly tied to the high fees in the examples he provided. He suggested that the replacement ratio he recommended in his presentation would be more appropriate. The larger trees (greater than 24 inches) would still be replaced at a ratio of 3:1. Board Member Cloutier pointed out that the Snohomish County code doesn't use ratios. Developments are simply required to provide 30% tree coverage. He suggested the City's measure of tree retention is better. Board Member Rubenkonig responded that would only be true if there are few trees on a property to retain. Board Member Cloutier observed that the current proposal would not require a developer to plant more trees than are currently located on the property, while the Snohomish County code would require a developer to plant additional c trees to a minimum of 30% coverage. 3 Board Member Rubenkonig voiced concern that the current proposal would base tree replacement on the inventory of the current trees on a lot. But if there are no trees, there would be no retention requirement or requirement to provide additional W trees. This is a big negative for that approach. She noted that the public is tired of the number of trees that are being cut down for new subdivisions. Board Member Cloutier voiced concern about how the Snohomish County concept would be applied on V a commercial lot in downtown Edmonds. It wouldn't make sense to require that 30% of the lot be covered with trees. Retaining the existing tree coverage would make more sense. Board Member Rubenkonig expressed her belief that requiring 30% tree coverage would be a proactive approach, recognizing that such things as utility easements, rights -of -way, etc. would be taken -- away from that. m Mr. Lien advised the Board that they are not required to make a recommendation on the Tree Code tonight. He said he would like more time to review the Snohomish County code to provide helpful feedback to the Board, and he is still a little confused about how the current proposal is different than the proposal recommended by Board Member Rubenkonig. There are other minor tweaks he would like to make before the document is forwarded to the City Council. He summarized that it appears the majority of the Board wants to retain the $1,000 fee for each tree not planted, but they still need to provide feedback on the replacement ratio. Board Member Cheung asked staff to provide calculations of what the fee would be based on $1,000 per tree but with different replacement ratios. The Board agreed to carry their deliberations over to the January 13' meeting. ELECTION OF OFFICERS FOR 2021 Board Member Rubenkonig commented that the citizen Planning Board has benefited from each and every Board Member who has given of their time, experience and hopes for the City of Edmonds. The Chair brings a unique approach to helping all Board Members participate fully and professionally. Her recommendation of Board Member Rosen as her nomination for the 2021 Chair of the citizen Planning Board would do no less. They already know his measure and have been rewarded by his presence and contribution. He will endeavor to lead the Board and encourage robust deliberations with fair outcomes. She said she welcomes his support and offer him hers in his role as the 2021 Chair. BOARD MEMBER RUBENKONIG NOMINATED BOARD MEMBER ROSEN TO SERVE AS CHAIR FOR 2021. BOARD MEMBER CHEUNG SECONDED THE NOMINATION. THE BOARD UNANIMOUSLY VOTED IN FAVOR OF BOARD MEMBER ROSEN AS THE 2021 CHAIR OF THE BOARD. Board Member Monroe commented that the duties of Vice Chair are leadership and engagement. He has known Board Member Crank for over five years and has found that she has these leadership capabilities. She is a member of a variety of community groups, including the Snohomish County Airport Commission and Snohomish County Tomorrow. She can do a great job as Vice Chair of the Planning Board. BOARD MEMBER MONROE NOMINATED BOARD MEMBER CRANK TO SERVE AS THE VICE CHAIR FOR 2021. BOARD MEMBER CHEUNG SECONDED THE NOMINATION. THE BOARD UNANIMOUSLY VOTED IN FAVOR OF BOARD MEMBER CRANK AS THE 2021 VICE CHAIR OF THE BOARD. Planning Board Minutes December 9, 2020 Page 13 Packet Pg. 198 7.A.i REVIEW OF EXTENDED AGENDA Chair Robles reviewed that the Board would continue its deliberations on the draft Tree Code Update at their January 13' meeting. He advised that the Parks, Recreation and Cultural Services Department will provide an update on January 27'. PLANNING BOARD CHAIR COMMENTS Chair Robles thanked the Board Members for allowing him to chair the Board during this fascinating time. The Board set their agenda and got some very important things done. The Board Members thanked Chair Robles for his leadership. PLANNING BOARD MEMBER COMMENTS Vice Chair Rosen thanked the Board Members for their trust and kind words. He thanked Chair Robles for his leadership, particularly for engaging him in such a meaningful way as Vice Chair. He appreciates the way he advocated for the Board. He also appreciates his desire to engage more of the residents and increase collaboration with other boards and commissions. Vice Chair Rosen commented that in recent years, the country has experienced and observed the impacts of dysfunctional government organizations and individuals, and he has never observed the Board looking for either a Republican or Democratic answer. Rather, they have worked to search for the best answers. He has never seen the group seek to blame others, but only to accept personal and group responsibility for the job they have been given and the impacts of the decisions they make. Each Board Member has demonstrated grace and respect, and he appreciates how they model the best of how local and national government can and should be. Student Representative Bryan said he appreciates the diversity of perspectives that were acknowledged amongst the Board during the hearing. The residents voiced a lot of concerns on a huge range of topics. For the most part, the Board discussed them well and thoughtfully. He said he is proud to be part of a board that strives to do the right thing. Board Member Pence announced that the City Council extended the duration of the Housing Commission to the end of January. They will be reporting their policy recommendations soon, and he expects the Planning Board will be tasked with reviewing the recommendations to the extent they affect the code. This could be a time-consuming endeavor. Board Member Crank thanked the Board for their vote as Vice Chair. She commented that 2020 has been an interesting year for her from a professional, community service and personal standpoint. She attributed a lot of her success on the Snohomish County Airport Commission to her experience on the Planning Board. She appreciates that the Board has remained functional throughout the pandemic. Everyone has had a passion to move forward and get as much done as possible, when they had every excuse to rest on their laurels and not get much done. This speaks a lot about each and every Board Member. She hopes the Board can continue its momentum into 2021. She particularly voiced appreciation to staff, who has had to adapt to a new way of doing business while still providing excellent support to the Board. Planning Board Minutes December 9, 2020 Page 14 Packet Pg. 199 7.A.i ADJOURNMENT The Board meeting was adjourned at 9:55 p.m. a Planning Board Minutes December 9, 2020 Page 15 Packet Pg. 200 7.A.j From: Bill Phioos To: Lien. Kernen Subject: Fw: Proposed Tree Code Date: Wednesday, October 14, 2020 6:43:32 PM ----- Forwarded Message ----- From: Bill Phipps <bebopbill@yahoo.com> To: citizens-planning@edmondswa.gov <citizens-planning@edmondswa.gov> Cc: Edmonds City Council <council@edmondswa.gov> Sent: Wednesday, October 14, 2020, 06:28:36 PM PDT o Subject: Proposed Tree Code 3 Greetings Planning Board members; A typical Tree Code has three main requirements :. o 1.) Requires a percentage of significant trees to be saved when new development is done on v unimproved parcels. a� 2.) Requires a limit on the number of significant trees that an existing developed property owner can cut down per year. .. r 3.) Requires replacement tree planting for any significant tree lost for any reason, anywhere at any time. Ci 00 The bigger the tree, the more replacement trees required to be planted. o While looking at the proposed Tree Code submitted by staff, I clearly see the first requirement addressed on page 6 section C. 1. 1 would encourage the City to make substantial penalties for developers who want to opt out of requirements by paying a fee into the tree fund ( section C. 4.) Otherwise developers will just opt out of requirements by paying fees that are insignificant in cost to them. As for the second requirement , i don't see it addressed anywhere in the proposed Tree Code. This needs to be addressed in any proposed tree code. What i see happening is people moving here and buying an existing home where the property has a large number of significant conifers and the new owners immediately clear cut all, or most, of the trees on their new property. This practice needs to be curtailed by including restrictions in the number of trees a person can cut down per year. A typical number is 3 significant trees may be cut per year for a 10,000 square foot lot and 6 trees per year on a 20,000 square foot lot. As for the third requirement; i would encourage the City to require multiple replacement trees be planted for each significant tree lost depending on the size of the tree cut. We need to realize that a sapling replacement tree won't really be a replacement tree until decades later. An example is the loss of many large trees due to the building of the light rail transit system through Shoreline. There they required three replacement trees for each significant conifer lost. Another problem for Edmonds is that our parks and public land is pretty "treed out", that is there is no room to plant replacement trees. If you build a large house on a lot and you take out, say, 6 significant conifers there most likely won't be room to plant replacement trees on that lot that will eventually become quite large. A solution to this problem is the City entering into a partnership with local tree preservation groups such as the " Mountain To Sound " tree preserve or the Million Tree program in Snohomish County. Planting our replacement trees in these off site locations will give us the same environmental benefits in the long run. One last point, for now; I would encourage the City to not charge large fees to private home owners who are applying for a permit to cut trees on their lots in excess of the code restrictions. This will really anger our citizens. There should be no fee involved in order to get better compliance and cooperation. The key to this whole Code should be replacement trees. We recognize that we will continue to lose Packet Pg. 201 7.A.j significant trees due to development. We must be forward looking by requiring multiple "of kind" replacement trees for every significant tree lost anywhere, at any time and for any reason. Thank you for your time and consideration; Bill Phipps Edmonds resident. Packet Pg. 202 7.A.j From: Bill Phio)s To: citizens- plan ninoboard (c edmondswa.aov Cc: Lien, Kernen Subject: Proposed Tree Code Date: Wednesday, November 11, 2020 9:30:06 PM Greetings Planning Board; I enjoyed sitting in on your meeting on Oct. 28. It was a good discussion about the tree code. But first, the subject of public input came up. I would recommend sending a notice to My Edmonds News whenever you are having a public hearing. They will publish it and people read it. 0 i would also consider letters to you , the Planning board , as public input. My letter to you, on the tree code, dated Oct. 14, 2020 wasn't acknowledged by a single one of you. But, I guess you must be 0 flooded with letters and public comments... a� Concerning the tree code, it was good to hear your understanding of the issues around "replacement v trees"; the tree saplings planted to replace the large conifers lost to development. L The next question is where are we going to plant those replacement trees ?! We're talking about significant areas of open spaces, where it's appropriate to plant large conifers. Ci 00 0 I do think you missed one key element of tree codes. Private property owners on already developed land c should be curtailed from removing excessive numbers of trees from their property.. Most cities restrict — tree removal to a certain number of trees per period of time; such as 3 significant trees per year. See the Exemptions section of the draft tree code, section d). Previously developed parcels should not be exempt from the tree code. Should there also be a minimum percentage of tree canopy saved on developed land, just as there will be for developers ? What we see is new owners of houses moving in and immediately cutting down all or most of their big trees, that have been maintained for decades by previous owners of the property.. We could try to slow that process down, to see if the new owners might end up liking a few trees around them ?! I have other ideas and concerns, but that is enough for now. Feel free to contact me. I'm looking forward to attending your next meeting and Mr. Liens' excellent presentation of the proposed tree code and your insightful and lively discussion about the future of our forest canopy. Thank you for your time and consideration. Bill Phipps Edmonds resident Packet Pg. 203 7.A.j From: Chave, Rob To: Lien. Kernen Subject: Fwd: Revised Tree Code Date: Thursday, November 12, 2020 8:19:22 AM Rob Chave Planning Manager, City of Edmonds Begin forwarded message: From: cdfarmen@comcast.net Date: November 11, 2020 at 7:35:19 PM PST To: Planning <Planning@edmondswa.gov> Subject: Revised Tree Code Dear Board Members, An updated enforceable tree code is a very important step toward controlling the loss of significant trees. Hopefully, the revised code will be helpful in reducing the loss of significant trees, especially in large wooded areas where "clear -cutting" is a concern. I would like to see a provision in the tree code for new construction on wooded lots that would allow for " building footprint" adjustments to retain as many trees as possible. This would fit with the goals of 23.10, especially items "C and D" where it talks about development practices that work to avoid the removal or destruction of trees. Also, I recommend limits be placed on tree cutting on existing developed property. The property owner should be required to retain a minimum of 20% of the existing trees, the same as required for new construction sites. Being somewhat of an amateur environmentalist, I am concerned that the city will be relying too heavily on the use of "tree replacement" as a solution, versus tree retention. Replacement trees, even in large numbers, are not capable of absorbing even a fraction of carbon dioxide compared to significant trees. The code regarding a "cutting and replacement" plan needs clarification as to where those sapling trees are going to be planted? I don't see anything in the revised code that addresses that issue. And, who would decide where to plant the replacement trees and who would be responsible for planting them? Is the city going to be liable for planting on some non - owned property? Packet Pg. 204 7.A.j One of the code's alternatives to tree removal is paying for the removal of significant viable trees. The code does not seem to address how those "fee -in -lieu" will be used. If that fee -in -lieu is used in a particular case, I recommend the fees collected should go towards the city's rain garden program. Using those dollars for planting rain gardens is an alternative that I could accept. Thank you for considering my comments. Respectively submitted, Duane Farmen Seaview area homeowner Packet Pg. 205 7.A.j From: ericth uesen (Wrontier. corn To: Lien. Kernen; Council; Citizens Planning Board Subject: Tree code /email submittal / notification to property owners / Zoom meetings Date: Thursday, November 12, 2020 5:34:58 PM From: Eric Thuesen <ericthuesen@frontier.com> To: citizens-planning@edmonndswa.gov. Sent: Thursday, November 12, 5:01 PM PDT Subject Proposed Tree code Good Afternoon Planning Board members; N C 1).Normal due time for submittal of written and oral comments is prior to the start of the of a meeting. I ° spoke to Kernen today at 3:30 and was advised cutoff date was 3;OOpm. I am sending this email prior to the 7pm meeting in hopes that it will be submitted as a comment. There has been only one comment to date from Bill Philipps. Few citizens are aware of the rules and are not getting a chance to express their thoughts. o U 2).Landowners - It is my understanding the City was to send out meeting notifications to landowners.. I ° a� am a landowner and did not received an email. Only became aware of the meeting when I called the Development Services Department and was told there was a meeting. .. r N 3).Zoom meetings. A large portion of Edmonds residents are not tech knowledgeable. Because of this co they are locked out of participating in virtual meetings. Please review the address code required to enter c the virtual meeting. c Staff needs to recognizes that citizens have right to have access and notification of the decisions our Board members and Council are making. Regards; Eric Thuesen Packet Pg. 206 7.A.j From: Chave, Rob To: Lien. Kernen Subject: Fwd: Revised Tree Code - Adding verbiage regarding water views Date: Thursday, November 12, 2020 8:22:11 AM Attachments: image.ona Rob Chave Planning Manager, City of Edmonds Begin forwarded message: From: Anna Forslund West <forslund.anna@gmail.com> Date: November 11, 2020 at 3:58:30 PM PST To: Council <Council@edmondswa.gov>, "Hope, Shane" <Shane.Hope@edmondswa.gov>, "Chave, Rob" <Rob.Chave@edmondswa.gov> Subject: Revised Tree Code - Adding verbiage regarding water views Hello Planning Board + City Council, I'd like to follow up on the email I sent over on Oct 13th to City Council, in regard to including a section in the revised tree code for protecting water views. I see this is not included in the draft version, as of yet. The very definition of our city is described as: "facing the Puget sound". The Puget Sound is a vital part of our identity. In many cases it is the reason people buy homes here and spend time in our restaurants, bars, farmer's market + shops vs. spending their dollars in other cities. While we are spending time revising tree codes that affect private property, and drill down to the detail (ex: what is defined as an "insignificant tree", size tree that can be cut, penalties, etc), I do believe we need to add, protecting water views, to this code. At the very least, a section on hedge height guidelines/ when vegetation is used as a fence/privacy row and negatively impacts another resident's water view. Specifically I'd like to suggest this be woven into the INTENT + PURPOSE Section. Regardless if you think the tree is the view or the water is the view, trees have the potential to block water views; and both are important to our identity as Edmonds residents. We would be remiss to ignore this. While the city has not chosen to protect water views in written code over the past few decades, I do know the water view is of importance, the city tells me so with increased taxes for private property that have water views. Taxes which in turn, benefit our community. Our town's logo "It's an Edmonds Kind of Day" is literally a picture of a ferry, on the water. N C 0 c� a� m as 0 U d L r N co O Packet Pg. 207 7.A.j }} P - Ids an low land of days How often are our city departments (police, city council, etc) called upon to deal with a hedge height or blocked view situation? A more concrete guideline would help take the pressure off these departments. While the draft version shows we are detailing out the tree code substantially (and specifically only to trees), if the city chooses to not include a section on how trees also affect water views on private property, I feel shows a disconnect. We have max height guidelines for buildings and fences, but when vegetation is used as a "fence" the sky's the limit — quite literally. I suggest we use the Tree Board's "Right Tree in The Right Place" motto to help write code which will help protect our trees and our water views, which I think we can all agree, are both vital to our community. Thank you for your consideration! Anna West Packet Pg. 208 7.A.j From: Barbara Chase To: Lien, Kernen Subject: Thoughts on other entities and trees Date: Wednesday, November 18, 2020 9:30:46 PM Kernen, Thanks for the work you have done. I know it must take a lot of patience. As they talked about where to put trees I thought about where in the parks there is room. I saw on one map that various parks have some (not a lot) space for trees. Perhaps Rich Lindsay can tell you where. The Tree Board has done planting in Yost Park for one example. 0 :r The other area is the schools. I promoted planting a small plot near the large school sign at Edmonds Elementary. It had lots of weeds and one unhealthy apple tree which was removed. o: as The area was replanted with a vine maple and other native shrubs and groundcovers. c It took a lot to work with the school district, but there are many spots on school grounds which v as could be planted with trees. Tomorrow I will be meeting with David Jackon of the Snohomish Conservation 'District. That N is a state agency (as you no doubt know) which has a lot of experience with working with co schools. When I find out more I will let you know about it. o It is usually beneficial to work with various groups so they can learn about each other. The teacher and principal at Edmonds Elementary have been very supportive. If it can be used with their curriculum all the better. Again, thank you. I will be sure to attend the December Public hearing. Barbara Chase Packet Pg. 209 7.A.j From: Martin, Michelle To: michelle.martin(dedmondwa.aov; cdfarmen(ocomcast.net Cc: Chave, Rob; Lien, Kernen Subject: FW: Planning board coments Date: Wednesday, November 18, 2020 3:39:00 PM Greetings Duane Farmen, Your comments have been received and distributed to the board. If you should have future comments specifically related to the Tree Code, please forward those directly to Kernen Lein. Thank you, 0 r• � N N '4icheCCe L. Martin o U Development Services Department- Planning Admin. a� Planning webnoael121 5th Avenue North 1 Edmonds, WA 98020 H 2: 425-771-0222 directl F:425-771-0221 Imichelle.martin(C)edmondswa.gov r N NOTICE: Email & attachments subject to Public Records Act (RCW 42.56) ap 0 CITY HALL IS CURRENTLY CLOSED TO THE PUBLIC Services will continue to be provided by email and phone. Please visit www.edmondswa.gov for up-to-date information For inspections: httgs://inspection.mvbuildinooermit.com/ For planning permit inquiries please email: olanningpermits(cDedmondswa.goov For all other permit inquiries please email: devserv.admin(o)edmondswa.gov From: cdfarmen@comcast.net <cdfarmen@comcast.net> Sent: Wednesday, November 18, 2020 3:22 PM To: Martin, Michelle <Michelle.Martin @edmondswa.gov> Subject: Planning board coments Dear Board Members, An updated enforceable tree code is a very important step toward controlling the loss of significant trees. Hopefully, the revised code will be helpful in reducing the loss of significant trees, especially in large wooded areas where "clear -cutting" is a concern. I would recommend a provision in the tree code for new construction on wooded lots that would allow for " building footprint" adjustments to retain as many trees as possible. This would fit with the goals of 23.10, especially items T and D" where it talks about development practices that work to avoid the removal or destruction of trees. The exemptions for single family residences needs a change. If a single family home Packet Pg. 210 7.A.j site has 8 or more trees per 10,000 sq ft of lot space it should not qualify for an exemption. A case in point. Behind my home is a 15,000 square foot lot with 35 significant trees. The owner is building a 3,900 sq ft home with a 785 sq ft ADU. All but 7 trees are being removed. These are all significant trees, some nearly 150 ft tall. Why should this property be exempted? Also, I recommend limits be placed on tree cutting on existing developed property. The property owner should be required to retain a minimum of 20% of the existing trees, the same as required for new construction sites. Being somewhat of an amateur environmentalist, I am concerned that the city will be relying too heavily on the use of "tree replacement" as a solution, versus tree retention. Replacement trees, even in large numbers, are not capable of absorbing even a fraction of carbon dioxide compared to significant trees. The code regarding a "cutting and replacement" plan needs clarification as to where those sapling trees are going to be planted? I don't see anything in the revised code that addresses that issue. And, who would decide where to plant the replacement trees and who would be responsible for planting them? Is the city going to be liable for planting on some non -owned property? Another alternative to tree removal, which I do not subscribe to, is paying for the removal of significant viable trees. The code does not seem to address how those "fee -in -lieu" will be used. If that fee -in -lieu is used in a particular case, I recommend the fees collected should go towards the city's rain garden program. Using those dollars for planting rain gardens is an alternative that I could accept. Respectively submitted, Duane Farmen Seaview area homeowner Packet Pg. 211 7.A.j From: Bill Phim) To: Citizens Planning Board Cc: Lien, Kernen Subject: Tree Code Date: Wednesday, November 18, 2020 2:07:59 AM Greetings Planning Board ; And Mr. Lien !....I would like all my comments to the Planning Board to be considered as comments to you as well. For the record, thank you. You , the Planning Board, were doing so well at the first meeting; you were asking real questions to the real issues of replacement trees. You realized the math. If you take down 70% of the trees, for new development, how are you going to maintain the stated goals of the UFMP; no net loss of forest canopy ?. You were talking about the necessity of multiple replacement trees for each big one cut down. Then at the last meeting you dropped the ball. Or were you punting ? You all of a sudden dropped replacement trees completely. Did you realize the difficulties at hand ? Did you want to do deal with it at v all.? How was that decided? A couple nods of the head ? Whose nods ? Do you take votes? L No matter. r N It's not too late, Buckle up and dig down and deal with this. Back up and look at the simple math. All of o you. o If we say we want to maintain a forest canopy of 30%; how are we going to do that without replacement trees planted for every tree that is lost to development.? If we say we want to maintain our forest canopy with "no net loss"; how are we going to do that without replacement trees planted for trees lost when private property owners build mother-in-law studios on their lots? The math has to add up. A replacement tree has to be added for every one that is lost.. How can we create incentives for people to plant or retain trees? How about storm water bill discounts? We can deal with the question of : where are we going to plant those future big trees. One idea is entering into a partnership with a local Tree Bank/Preserve. We will fund local tree planting with the funds from our Tree Fund. You can do this . We can do this. Let's create a meaningful and sustainable Tree Code. Thank you for taking your responsibilities seriously; Bill Phipps Packet Pg. 212 7.A.j Q Packet Pg. 213 7.A.j From: Martin, Michelle To: Planning Work Group Subject: FW: Trees and Water Views Date: Thursday, November 19, 2020 1:22:10 PM Kernen, would you like this one? O -Michelle T From: Ryan Boyd <rjeremyboyd@gmail.com> 0 Sent: Thursday, November 19, 2020 1:19 PM M To: Council <Council@edmondswa.gov>; Planning <Planning@edmondswa.gov> Subject: Trees and Water Views d 0 c� Hello, as as L I recently purchased a home off Walnut street and am concerned about tree growth blocking ~ my views. In our case, our view was paramount to our decision to not only purchase our N home, but move to Edmonds in the first place. o I naively assumed there were rules in place to prevent your existing view becoming blocked by the growth of trees. This is very troublesome to me and my family and I believe the rules should be modified in order to prevent this from happening. We are so happy to have joined the Edmonds community and despite the covid concerns we have been welcomed warmly. I hope there isn't a case down the line that we come to regret our decision because there weren't responsible codes in place that negatively impact the value of the property we purchased. Thank you! Ryan Boyd Packet Pg. 214 Draft Tree Related Regulations 23.10.XXX Intent and Purpose 23.10.XXX Administration Authority 23.10.XXX Definitions 23.10.XXX Permits 23.10.XXX Exemptions . 23.10.XXX Tree Removal Prohibited 23.10.XXX Tree Retention Associated with Development Activity .o 23.10.XXX Tree Protection Measures During Development�..�r'�d�rG�- 23.10.XXX Tree Replacement 23.10.XXX Bonding 23.10.XXX Violation, Enforcement and Penalties o 23.10.XXX Liability RECEIVED aD NOV 2 0 2020 20.75.XXX Conservation Subdivision Design Flexibility ~ DEVELOPMENT SERVICES N Chapter 3.95 Tree Fund COUNTER 00 ell 23.10.XXX Intent and Purpose The purpose of purpose of this chapter is to establish a process and standards to provide for the protection, preservation, replacement, proper maintenance, and use of significant trees. The intent of this chapter is to: A. 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; Preserve the maximum number of trees that are determined to be appropriate for preservation in the Edmonds urban environment and that have a reasonable chance of long-term survival; C. Promote site planning, building, and development practices that work to avoid removal or destruction of trees and vegetation, that avoid unnecessary disturbance to the City's natural vegetation, and that provide landscaping to buffer the effects of built and paved areas; D. Encourage tree retention efforts by providing flexibility with respect to certain development requirements; E. The City's objective is to retain as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner. F. To promote building and site planning practices that are consistent with the city's natural topographic and vegetation features while recognizing that certain factors such as condition (e.g., disease, danger of falling, etc.), proximity to existing and proposed structures and improvements, interference with utility services, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; Planning Board 10.08.20 Draft Page 1 of 13 Packet Pg. 215 7.A.j G. Mitigate the environmental and aesthetic consequences of tree removal in land development through on -site and off -site tree replacement to help achieve a goal of no net loss of tree canopy coverage throughout the City of Edmonds; H. Implement the goals and objectives of the City's Comprehensive Plan; Implement the goals and objectives of the City's Urban Forest Management Plan; 23.10.XXX Administering Authority The development services director ("director") or a designee shall have the authority and responsibility o to administer and enforce all provisions of this chapter. 3 al d 23.10.XXX Definitions (Definitions currently incomplete. Will review definitions to make sure all terms are defined.) o U A. Caliper — The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be the trunk diameter measured six (6) inches above the ground for ~ up to and including 4-inch caliper size and 12 inches above the ground for larger sizes. N B. Critical Root Zone - The area surrounding a tree at a distance from the trunk, which is equal to one 00 c (1) foot for every inch of trunk diameter measured at 4.5 feet from grade or otherwise determined c by a qualified professional (example: one (1) foot radius per one (1) inch DBH). o C. Developable Site —The gross site area of a lot minus critical areas and buffers. D. Diameter at Breast Height (DBH) - The diameter or thickness of a tree trunk measured at 4.5 feet c E from the ground. DBH is also known as Diameter at Standard Height (DSH). c E. Dripline - The distance from the tree trunk, that is equal to the furthest extent of the tree's crown. F. Hazard tree - A tree that is dead, dying, diseased, damaged, structurally defective or exposed by �j recent removal of adjacent trees which makes it subject to a high probability of failure as determined by a qualified tree professional. L G. Grove — A group of three (3) or more significant trees with overlapping or touching crowns. H. Non -significant Tree (i.e. alder) I. Nuisance Tree — is a tree that is causing significant physical damage to a private or public structures and/or infrastructure, including but not limited to: sidewalk, curb, road, water or sewer or Q stormwater utilities, driveway, parking lot, building foundation, or roof. J. Qualified professional —An individual with relevant education and training in arboriculture or urban c E forestry, having two (2) or more of the following credentials: U 1. International Society of Arboriculture (ISA) Certified Arborist; a 2. Tree Risk Assessor Certification (TRACE) as established by the Pacific Northwest Chapter of ISA (or equivalent); 3. American Society of Consulting Arborists (ASCA) registered Consulting Arborist; 4. Society of American Foresters (SAF) Certified Forester for Forest Management Plans; Planning Board 10.08.20 Draft Page 2 of 13 Packet Pg. 216 For tree retention associated with a development permit, a qualified professional must have, in addition to the above credentials, a minimum of three (3) years' experience working directly with the protection of trees during construction and have experience with the likelihood of tree survival after construction. A qualified professional must also be able to prescribe appropriate measures for the preservation of trees during land development. K. Protected Tree — A tree identified for retention and protection on an approved tree [protection and replacement] plan, replacement in relation to a permit or plan, and/or permanently protected by easement, tract, or covenant restriction. L. Significant Tree —A tree that is at least six (6) inches in diameter at breast height (DBH) as measured at 4.5 feet from the ground. M. Specimen Tree — A tree of exceptional size or form for its species or rarity as determined by the city tree protection professional (City Arborist, qualified professional, someone?). N. Tree Fund - XXX O. Viable tree - A significant tree that a qualified professional has determined to be in good health, with a low risk of failure due to structural defects, is windfirm if isolated or remains as part of a grove, and is a species that is suitable for its location_ _ �74,1 0U 6 ,- =-, :*e , ra c?:,r 23.10.XXX Permits A. Applicability: No person shall remove, excessively prune, or top any protected, non -protected or significant tree except as provided by this chapter. B. Tree removal not specifically exempted in section 23.10.XXX will be processed as a Type I permit. C. Procedural exemption. Tree removal associated with building permit, subdivision, or other land use approval will be reviewed with the associated project and will not require a separate tree removal permit. All clearing shall be consistent with and apply the standards established by this chapter. 23.10.XXX Exemptions The following activities are exempt from the provisions of this chapter and do not require a permit: A. Removal of non -significant trees that are not protected by any other means. B. Removal of trees in association with right-of-way and easements. Tree removal by a public agency or a franchised utility within a public right-of-way or upon an easement, for the purpose of installing and/or maintaining water, storm, sewer, power, gas or communication lines, or motorized or non - motorized streets or paths. Notification to the City by the public agency or franchised utility is required prior to tree maintenance or removal within City -owned rights -of -way. C. Routine maintenance of trees necessary to maintain the health of cultivated plants, to contain noxious weeds, or to remedy a potential fire or health hazard, or threat to public safety. D. Removal of trees on an improved single-family lot or on a partially improved single-family lot, which is capable of being divided into not more one additional lot, except for: 1. That portion of the property containing a critical area or its associated buffer, excepting erosion hazards with slopes less than 25 percent. Planning Board 10.08.20 Draft Page 3 of 13 Packet Pg. 217 7.A.j E. Trees that do not meet the above exemptions maybe removed with supporting documentation for the removal of: 1. Nuisance tree with documentation of the damage and any tree work that has been done to rectify the nuisance, and/or a statement from the applicant's qualified tree professional explaining why no arboricultural practices can safely rectify the nuisance. 2. Hazard tree located outside a critical area with a tree risk assessment prepared by the applicants qualified professional documenting how the tree meets the definition of a hazard tree. 3. Hazard tree removal in a critical area or critical area buffers consistent with the requirements of ECDC 23.40.220.C.8 0 r 3 aM 23.10.XXX Tree Removal Prohibited m A. Protected Trees: Removal of protected trees is prohibited, except as provided for in ECDC 23.10.XXX o Hazard Trees, or through an approved modification of a Landscape Plan. v (D m B. Vacant Lots: Removal of trees from a vacant lot prior to a project development is prohibited except as provided for ECDC 23.10.XXX.E, hazard and nuisance trees. N C. Demolitions: Tree removal shall be prohibited as part of a permitted demolition except as required c to reasonably conduct demolition activities subject to approval of the director. Tree replacement c may be required for removed trees. o U) D. In critical areas, critical area buffers, and in all natural growth protection easements, tree removal is `d prohibited except as allowed per Chapters 23.40 — 23.90 ECDC. c 23.10.XXX Tree Retention Associated with Development Activity A. Introduction. The City's objective is to retain as many viable trees as possible on a developing site while still allowing the development proposal to move forward in a timely manner. To that end, the City requires approval of a tree retention plan in conjunction with the following applications: 1. Short subdivision 2. Subdivision 3. New multi -family development 4. New single-family development on a vacant lot, and 5. Any tree removal on developed sites not exempted by ECDC 23.10.XXX. In order to make better decisions about tree retention, particularly during all stages of development, tree retention plans will require specific information about the existing trees before removal is allowed. Specific tree retention plan review standards provided in this section establish tree retention priorities, incentives, and variations to development standards in order to facilitate preservation of viable trees. B. Tree Plan Retention Plan Planning Board 10.08.20 Draft Page 4 of 13 Packet Pg. 218 7.A.j An applicant for a development identified in subsection A must submit a tree retention plan that complies with this section. A qualified professional may be required to prepare certain components of a tree retention plan at the applicant's expense. 2. Tree Retention Plan Components. The tree retention plan shall contain the following information, unless waived by the director: a. A tree inventory containing the following: i. A number system of all existing significant trees on the subject property (with corresponding tags on trees); the inventory must also include significant trees on adjacent property with driplines extending over the subject property line; ii. Size (DBH); iii. Proposed tree status (trees to be removed or retained); iv. Brief general health or condition rating of trees (i.e.: poor, fair, good, excellent, etc.) V. Tree type or species. b. A site plan depicting the following: Location of all proposed improvements, including building footprint, access, utilities, applicable setbacks, buffers, and required landscaped areas clearly identified. If a short plat or subdivision is being proposed and the location of all proposed improvements cannot be established, a phased tree retention plan review is required as described in subsection (3)(a) of this section; ii. Accurate location of significant trees on the subject property (surveyed locations may be required). iii. Trees labeled corresponding to the tree inventory numbering system; iv. Location of tree protection measures; V. Indicate limits of disturbance drawn to scale around all trees potentially impacted by site disturbances resulting from grading, demolition, or construction activities; vi. Proposed tree status (trees to be removed or retained) noted by an 'X' or by ghosting out; vii. Proposed locations of any supplemental trees and any required trees replacement trees as outlined in ECDC 23.10.XXX. c. An arborist report containing the following: i. A complete description of each tree's health, condition, and viability; ii. A description of the method(s) used to determine the limits of disturbance (i.e., critical root zone, root plate diameter, or a case -by -case basis description for individual trees); iii. Any special instructions specifically outlining any work proposed within the limits of the disturbance protection area (i.e., hand -digging, tunneling, root pruning, any grade changes, clearing, monitoring, and aftercare); iv. For trees not viable for retention, a description of the reason(s) for removal based on poor health, high risk of failure due to structure, defects, unavoidable isolation Planning Board 10.08.20 Draft Page 5 of 13 N C 0 w �a 3 d m M 0 U d m L N CO 0 Packet Pg. 219 7.A.j (windfirmness), or unsuitability of species, etc., and for which no reasonable alternative action is possible must be given (pruning, cabling, etc.); V. Describe the impact of necessary tree removal to the remaining trees, including those in a grove; 3. Additional Tree Retention Plan Standards for Short Plats and Subdivisions a. Phase Review If during the short plat or subdivision review process the location of all proposed improvements, including the building footprint, utilities, and access, was not able to be established, the applicant may submit a Tree Retention Plan that addresses trees only affected by the known improvements at the time of application. Tree removal shall be limited to those affected areas. ii. A new Tree Retention Plan shall be required at each subsequent phase of the project as more information about the location of the proposed improvements is known subject to all of the requirements in this section. C. Tree Retention Requirements General Tree Retention Requirements: Significant trees on lots proposed for project development or redevelopment shall be retained as follows: ECDC 23.10.XXX.0 Tree Retention Requirements for Proposed Project Development Development Retention Required New single-family, short plat, or subdivision 30% of all significant trees in the developable site Multi -family development, unit lot short plat, 25% of all significant trees in the developable or unit lot subdivision site Trees that are located within Native Growth Protection Areas, critical areas and their associated buffers, or that have otherwise been designated for protection shall not be removed except as provide for ECDC 23.10.XXX Hazard Trees and ECDC 23.40.220.C.8 critical area hazard tree. The director may require the retention of additional trees to meet the stated purpose and intent of this chapter, as required by the critical area regulations (Chapters 23.40— 23.90 ECDC), or the Shoreline Master Program (Title 24 ECDC) or as site -specific conditions demand using SEPA substantive authority. 4. If the required retention percentage cannot be achieved, the applicant shall pay $XX into the tree fund for each significant tree below the required retention. D. Priority of Tree Retention Requirements: In identifying significant trees to be retained trees should be retained in the following priority order of priority: 1. Priority One: a. Specimen trees; b. Significant trees which form a continuous canopy; Planning Board 10.08.20 Draft Page 6 of 13 21 Packet Pg. 220 c. Significant trees on slope greater than 15 percent; d. Significant trees adjacent to critical areas and their associated buffers; and e. Significant trees over sixty (60) feet in height or greater than eighteen (18) inches in dbh. 2. Priority Two: a. Healthy tree groupings whose associated undergrowth can be preserved; b. Trees within the required yard setbacks or around the perimeter; c. Trees that have a screening function or provide relief from glare, blight, or commercial development; d. Other significant native evergreen or deciduous trees; and e. Other significant nonnative trees. 3. Priority Three: Alders and cottonwoods shall be retained when all other trees have been evaluated for retention and are not able to be retained except where adjacent to open space, wetlands or creek buffers. E. In considering trees for retention, applicants and the City shall avoid, to the extent known, the selection of trees that may become hazardous because of wind gusts, including trees adjacent to utility corridors where falling trees may cause power outages or other damage. Remaining trees may be susceptible to blowdowns because of loss of a buffer from other trees, grade changes affecting the tree health and stability, and/or the presence of buildings in close proximity. Preconstruction Meeting Required. Prior to the commencement of any permitted clearing and grading activity, a preconstruction meeting shall be held on site with the permittee and appropriate City staff. The project site shall be marked in the field as follows 1. The extent of clearing and grading to occur; Delineation and protection with clearing limit fencing of any critical areas and critical area buffers; 3. Trees to be removed and retained; and 4. Property lines 23.10.XXX Tree Protection Measures During Development Prior to development activity or initiating tree removal on the site, vegetated areas, individual trees and soil to be preserved shall be protected from potentially damaging activities pursuant to the following standards: A. Placing Materials near Trees. No person may conduct any activity within the protected area of any tree designated to remain, including, but not limited to, operating or parking equipment, placing solvents, storing building material or stockpiling any materials, or dumping concrete washout or other chemicals. During construction, no person shall attach any object to any tree designated for protection. B. Protective Barrier. Before development, land clearing, filling or any land alteration, the applicant shall: Planning Board 10.08.20 Draft Page 7 of 13 Packet Pg. 221 7.A.j 1. Erect and maintain readily visible temporary protective tree fencing along the limits of disturbance which completely surrounds the protected area of all retained trees, groups of trees, vegetation and native soil. Fences shall be constructed of chain link and be at least six (6) feet high, unless other type of fencing is authorized by the Director. 2. Install highly visible signs spaced no further than 15 feet along the entirety of the protective tree fence. Said sign must be approved by the d and shall state at a minimum "Tree and Soil Protection Area, Entrance Prohibited" and provide the City phone number for code enforcement to report violations. 3. Prohibit excavation or compaction of soil or other potentially damaging activities within the o barriers; provided, that the Director may allow such activities approved by a qualified professional and under the supervision of a qualified professional retained and paid for by the applicant. ° o: 4. Maintain the protective barriers in place for the duration of the project until the Director authorizes their removal. L) a> 5. Ensure that any approved landscaping done in the protected zone subsequent to the removal of L the barriers shall be accomplished with machinery from outside the protected zone or by hand. 6. In addition to the above, the director may require the following: 00 0 a. If equipment is authorized to operate within the protected zone, the soil and critical root 0 zone of a tree must be covered with mulch to a depth of at least six (6) inches or with o plywood, steel plates or similar material in order to protect roots and soil from damage M caused by heavy equipment. W c b. Minimize root damage by hand -excavating a 2-foot-deep trench, at edge of critical root a� E zone, to cleanly sever the roots of trees to be retained. Never rip or shred roots with heavy ° equipment. C. Corrective pruning performed on protected trees in order to avoid damage from machinery ° U or building activity. L d. Maintenance of trees throughout construction period by watering and fertilizing. ~ C. Grade. The grade shall not be elevated or reduced within the critical root zone of trees to be preserved without the Director's authorization based on recommendations from a qualified professional. The Director may allow coverage of up to one-half (1/2) of the area of the tree's critical root zone with light soils (no clay) to the minimum depth necessary to carry out grading or landscaping plans, if it will not imperil the survival of the tree. Aeration devices may be required to ensure the tree's survival. If the grade adjacent to a preserved tree is raised such that it could slough or erode into the tree's critical root zone, it shall be permanently stabilized to prevent soil erosion and suffocation of the roots. 3. The applicant shall not install an impervious surface within the critical root zone of any tree to be retained without the authorization of the Director. The Director may require specific construction methods and/or use of aeration devices to ensure the tree's survival and to minimize the potential for root -induced damage to the impervious surface. Planning Board 10.08.20 Draft Page 8 of 13 Packet Pg. 222 7.A.j 4. To the greatest extent practical, utility trenches shall be located outside of the critical root zone of trees to be retained. The Director may require that utilities be tunneled under the roots of trees to be retained if the Director determines that trenching would significantly reduce the chances of the tree's survival. 5. Trees and other vegetation to be retained shall be protected from erosion and sedimentation. Clearing operations shall be conducted so as to expose the smallest practical area of soil to erosion for the least possible time. To control erosion, it is encouraged that shrubs, ground cover and stumps be maintained on the individual lots, where feasible. D. Directional Felling. Directional felling of trees shall be used to avoid damage to trees designated for retention. Additional Requirements. The Director may require additional tree protection measures that are consistent with accepted urban forestry industry practices. 23.10.XXX Tree Replacement A. Replacement required. Tree replacement is required for tree cutting permits required by this chapter and/or for tree removal associated with the development types identified in ECDC 23.10.XXX.A. Each significant tree to be removed shall be replaced by one new tree in accordance with subsection ECDC 23.10.XXX.0 of this section. Trees that are removed which are classified as landmark shall be replaced by three new trees in accordance with subsection RZC 21.72.080.0 of this section. No tree replacement is required in the following cases: The tree is hazardous, dead, diseased, injured, or in a declining condition with no reasonable assurance of regaining vigor. 2. The tree is proposed to be relocated to another suitable planting site, provided that relocation complies with the standards in this section. B. Prior to any tree removal, the applicant shall demonstrate through a tree protection and replacement plan, critical area mitigation plan, or other plans acceptable to the director that tree replacement will meet the minimum standards of this section. C. Replacement Specifications. 1. Minimum sizes for replacement trees shall be: a. Two -and -one -half -inch caliper for deciduous trees; b. Six feet in height for evergreen trees. 2. The director may consider smaller -sized replacement trees if the applicant can demonstrate that smaller trees are more suited to the species, the site conditions, and the purposes of this section, and that such trees will be planted in sufficient quantities to meet the intent of this section. 3. Replacement trees shall be primarily native species. D. Tree Replacement Fee-in-leu. A fee -in -lieu of tree replacement may be allowed, subject to approval by the director after consideration of all other options. A tree replacement fee shall be required for each replacement tree required but not planted on the application site or an off -site location. Planning Board 10.08.20 Draft Page 9 of 13 N 0 a 3 m m 0 U d m L N CO 0 Packet Pg. 223 7.A.j 1. The amount of the fee shall be $XX times the number of trees necessary to satisfy the tree replacement requirements of this section will be deposited into the City's Tree Fund. 2. The fee shall be paid to the City prior to the issuance of a tree removal permit or associated development permit. 23.10.XXX Bonding A. The director may require a performance bond for tree replacement and site restoration to ensure the installation of replacement trees, and/or compliance with other landscaping requirements as identified on the approved site plans. B. The bond shall be in the amount of 120 percent of the estimated cost of implementation of the tree replacement and/or site restoration covering trees, irrigation and labor. C. A maintenance bond shall be required after the installation of required site improvements and prior to the issuance of a certificate of occupancy or finalization of permit and following required Ooj�S landscape installation or tree replacement. The maintenance bond shall be in place to ensure O�fl�*�) adequate maintenance and protection of retained trees and site improvements. The maintenance bond shall be for an amount of 15% of the performance bond or estimate in subsection B. A D. The director shall exempt individual single-family lots from a maintenance bond, except where a clearing violation has occurred or tree replacement is located within critical areas or critical area buffers. II)P_ tA (cot&VO 6�� in 23.10.XXX Violation, Enforcement and Penalties A. Noncompliance with any other section of this chapter constitutes a violation of this Code. B. A violation of any of the provisions of this chapter shall constitute a misdemeanor and shall be punishable as provided in Chapter 5.50 ECC. C. Penalties: Aiding or Abetting: Any person who, through an act of commission or omission, procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the penalty. Civil Penalties: Any person violating any provisions of this chapter shall have committed a civil infraction and may be subject to civil penalties in addition to any criminal penalties. Pursuant to Chapter 64.12 RCW, the City may be entitled to triple the amount of civil damages claimed or assessed. The extent of the penalty shall be determined according to one or more of the following: An amount reasonably determined by the Director to be equivalent to the costs estimated by the City to investigate and administer the infraction; The economic benefit that the violator derives from the violation (as measured by the greater of the resulting increase in market value of the property or the value received by the violator or savings of construction �os�tsrealr�izedy the violator performing any act in violation of this chapter); �, �or Ih ' Gttvnicj�lly ��� r� cA Planning Board 10.08.20 Draft Page 10 of 13 Packet Pg. 224 7.A.j c. Removal of existing 12" diameter or larger trees in violation of this chapter will require an appraisal of the tree value by the city tree protection professional using trunk formula method in the current edition of the Guide for Plant Appraisal. The cost of the appraisal shall be paid by the person(s) who removed existing trees in violation of this chapter. d. Penalty for illegal removal of trees shall be $1,500 per tree less than 12" Diameter and the appraised value of trees 12" or more in diameter. Penalties shall be paid in o tha-dty-tr-e - vv KC.-V d e fed. If diameter of removed tree is unknown, determination of the diameter size shall be ' made by the City Arborist by comparing size of stump and species to similar trees in similar t Nis ��� growing conditions. 1 vvtno a� � e. The cost of replacing and replanting the trees and restoring the disturbed area according to a specific plan approved by the City. Violators of this chapter or of a permit issued 5 , t- SE rcec�cx thereunder shall be responsible for restoring unlawfully damaged areas in conformance Wi with a plan, approved by the Director, that provides for repair of any environmental and tcaee- property damage, and restoration of the site; and which results in a site condition that, to the greatest extent practical, is equivalent to the site condition that would have existed in ec�SSc the absence of the violation(s). r� f. If illegal tree toy ' as occurred, the property owner shall be required to have a certified e i-r— arborist develop an lement a five (5) year pruning schedule in addition to monetary fines and required tree rep ttlnc rlo+ M 3. Civil penalties under this section shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the CAae-S City. The notice shall describe the violation, approximate the dates) of violation, and shall order the acts constituting the violation to cease and desist, or, in appropriate cases, require i necessary corrective action within a specific time. �&Y-e- 64 4. Any fiscal penalty recovered under this section shall be deposited in the City's tree fund as4Ygi� established in Chapter 3.95 ECC. tZVVY 1 23.10.XXX Liability A. Liability for any adverse impacts, damages or injury resulting from work performed in accordance with any permit issued by the city under ECDC 23.10.XXX shall be the sole responsibility of the permit applicant and/or owner of the property or site for which the permit was issued, and shali not be the responsibility of the city of Edmonds. Issuance by the city of any permit under this chapter shall not be construed as an assumption of any risk or liability by the city of Edmonds, nor as a warranty or guarantee that the work authorized by the permit will have no adverse impact or will cause no damages or injury to any person or property. B. Issuance by the city of a permit under ECDC 23.20.XXX and/or compliance by the applicant and/or property owner with any permit conditions therein shall not relieve an applicant and/or property owner from any responsibility otherwise imposed by law for any adverse impacts, injury or damage to persons or property resulting from the work authorized by any permit issued under this chapter. C. Nothing contained in this chapter shall be deemed to relieve any property owner within the city limits from the duties imposed under Chapter 9.25 ECC to keep any tree or vegetation upon his Planning Board 10.08.20 Draft Page 11 of 13 Packet Pg. 225 7.A.j property or under his control in such condition as to prevent it from constituting a hazard or a nuisance. D. The amount of any security required as part of any land development permit with which tree removal is associated shall not serve as a gauge or limit to the compensation that may be owed by a property owner as a result of injury or damages to persons or property resulting from any tree removal authorized under this chapter. 20.75.XXX Conservation Subdivision Design Flexibility A. Purpose. The purpose of this section is to promote retention of significant trees or specimen trees and to protect natural resources through some amount of flexibility in lot layouts of subdivisions in order to preserve trees and provide for low impact development. The director and the applicant shall work in good faith to find reasonable solutions. Applicability. Administrative design flexibility in residential zones is limited to the following development standards: 1. Setbacks. Street, side and rear setbacks may be reduced up to 20 percent in all residential zones provided that: a. No required side setback shall be less than five (5) feet; The required front setback shall not be reduced by more than five (5) feet. There may be an additional five (5) feet of reduction beyond the allowance provided for covered entry porches. 2. Lot size. lot sizes may be reduced ("clustering") to allow dwelling units to be shifted to the most suitable locations so long as the overall density of the project complies with zoning ordinance. 3. Coverage. Structural coverage may be increased on individual lots provided that overall coverage of the buildable lots do not exceed the lot coverage allow by the zone. 4. Access. Variations in parking lot design and/or access driveway requirements may be granted when the public works, fire and planning officials determine the variations to be consistent with the intent of city policies and codes. 3.95 Tree Fund 3.95.010 Tree Fund Established There is hereby created and established a fund known as the "Tree Fund." 3.95.020 Funding Sources Monies for the Tree Fund shall come from the following sources: A. All revenue, mitigation fees, civil fines, and penalties received by the city under Chapter 23.10 ECDC. B. All civil penalties received under Chapter 23.40 ECDC. C. Donations and grants for tree purposes; Planning Board 10.08.20 Draft Page 12 of 13 Packet Pg. 226 7.A.j D. Sale of seedlings by the City; and E. Other monies allocated by the City Council 3.95.040 Funding Purposes A. Monies in the tree fund maybe used for the following purposes, as reviewed and approved by the city: 1. Providing tree vouchers to individuals purchasing and planting trees in the City of Edmonds; 2. Paying for services provided by a qualified tree professional; 3. Acquiring, maintaining, and preserving wooded areas within the city; a, (D 4. Purchasing supplies and materials for the city's observance of Arbor Day; m 5. Other purposes relating to trees as determined by the city. ° c.� d B. Monies from the tree fund may be used to purchase trees required for replacement under the L conditions Chapter 23.10 ECDC, but may not be used to purchase trees required for replacement ~ under the conditions of a violation. Further, they may not be used in any manner that will profit the grantee. o �--- o SPG-G'(-i"GCk«`/ vYla,Y1 �er)ccyY ce- w,6r-V- � W eU k Y1 o- w -Vv1 e cost-f, I T S Some es 01P d P Lay) �'� h , rna.i V) ECL i Y).and rL- O CLc� v� E Glr�e� o y n d is ih,06 1n-eon a CC>YnYYI � pie � ��n c�1 �a ocz� � w�j�re +J)iS -PUv>c ��� a�+��y be tcSe� Planning Board 10.08.20 Draft E s lid V n 6� ✓�� Q In Erg J-h (2 nc v C-' w � � e C e 5 (-S i S Y) c7 A- Ce, rz i vm (A '� YY1 evt is Y)O �- c - v\, Page 13 of 13 Packet Pg. 227 7.A.j a� Q Packet Pg. 228 7.A.j January 7, 2021 Mr. Kernen Lien Environmental Programs Manager City of Edmonds Development Services Department 121 5th Ave N Edmonds, WA 98020 kernen.lien@edmondswa.gov Dear Mr. Lien: RE: Comments on Draft City Tree Code These comments, submitted on behalf of the Edmonds Mayor's Climate Protec- tion Committee (CPC), are written in support of the City's action in expeditiously adopting the Tree Code' to implement the 2019 Edmonds Urban Forest Man- agement Plan. The CPC `s mission is to encourage action by Edmonds citizens and govern- ment to minimize the impact of climate change through a combination of reduc- ing Green House Gas emissions ("GHG mitigation") and preparation for the im- pacts that are already upon us ("climate adaptation"). We do this by providing citizen - stakeholder input to the Mayor and City staff. While it is common knowledge that trees offer cooling shade, block cold winter winds, attract wildlife, and add beauty to the Edmonds community, we also are learning that trees are vital to both GHG mitigation and climate adaptation. GHG Mitigation As trees grow, they help stop climate change by removing carbon dioxide from the air, storing carbon in the trees and soil, and releasing oxygen into the at- mosphere.2 Trees help to absorb carbon and other gasses from the atmos- phere. A single mature tree can absorb 48 lbs. of carbon a year and make enough clean oxygen for four people to breathe fresh air annually.' 1http://www.edmondswa.90v ima es/COE/Government/Departments/Development Services/ Plan- ning Division/Codes/TreeCode Clean Draft Edmonds Tree Related Regulations PB PH Draft 12.09.20. pdf z htt s: www.arborday.org/trees/climatechange/ 3 https://onetreeplanted.org/blogs/stories/trees-climate-change-reforestation Packet Pg. 229 7.A.j CO2 absorption is very important because CO2 - already in the atmosphere due to human activities such as fossil fuel production has already warmed the world by 1 ° Celsius (° C) (as compared with pre -industrial data) and is on track to in- crease up to +1.5° C (2.7° F) by 2030. That number will continue to rise if we don't take immediate global action to cut emissions and reduce the GHG already in the atmosphere.4 In addition, shading by trees in urban areas helps reduce energy consumption when it's hot, thus reducing carbon emissions and saving on cooling costs. In August 2020, the Edmonds City Council took the bold step to manage climate change by adopting 1.50 C as the City's Climate Action Planning Goal. This means Edmonds will do its part to ensure the global heat measurement will only rise 1.50 C by 2030 when compared to 1900. Please see the excellent summary of "Why 1.5"by Edmonds Planning Services Department. 5 However, in September 2020 projections of GHG emissions by Climate Action Tracker showed a substantial gap toward reaching our goal of maintaining 1.50 C. 6 Forest ecosystems are the largest terrestrial carbon (C) sink on Earth and their management has been recognized as a cost-effective strategy for mitigating GHG emissions.' While Edmonds Urban Forest is but a small piece of the global forest ecosystem, it is a piece over which we as a City have some direct control. By acting quickly today to keep our urban forest viable, we can start tipping the balance to maintain and enhance the forest C sink in the United States and be- yond. Climate Adaptation The Fourth National Climate Assessment states this about impacts of climate change to the Northwest: [E]xtreme events, like heavy rainfall associated with atmospheric rivers, are also anticipated to occur more often. Along the coast, severe winter storms are also projected to occur more often, such as occurred in 2015 during one of the strongest El Nino events on record. El Nino winter storms contributed to storm surge, large waves, coastal erosion, and flooding in low-lying coastal areas. 8 4 https://climateactiontracker.org/global/cat-thermometer/ s https://www.cityofedmondswa.com/post/why-1-5 6 https://climateactiontracker.org/global/cat-emissions-gaps/ 7 https://www.pnas.org/content/117/40/24649 8 https://nca2018.globalchange.gov/chapter/24/ (citations omitted.) Packet Pg. 230 7.A.j Trees are an increasingly important adaption tool in that they protect against se- vere flooding and storms by slowing the water's strength as it surges on land and absorbing excess water in the soil which they then release as water vapor into the air. 9 As a committee tasked to recommend on climate change issues, we unanimously recommend the City expeditiously adopt the proposed Tree Code to implement the 2019 Edmonds Urban Forest Management Plan. We trust this background will be helpful to the City staff, Mayor and City Council. Thank you for your attention to this important issue. City of Edmonds Mayor's Climate Protection Committee By Co-chairs T.C. Richmond and Lisa Conley 9https://onetreeplanted.org/blogs/stories/trees-climate-change-reforestation N c 0 M a� a� 0 U a� L N CO O Packet Pg. 231 7.A.j From: Johnson, Kristiana To: Hope, Shane Cc: Lien, Kernen Subject: Fwd: Citizen Comment on Tree Ordinance Date: Tuesday, December 8, 2020 4:54:46 PM Sent from my Wad Begin forwarded message: 0 c� From: "Judge, Maureen" <Maureen.Judge@edmondswa.gov> Date: December 8, 2020 at 2:32:59 PM PST To: Council <Council@edmondswa.gov> o Subject: Citizen Comment on Tree Ordinance t) m as L Good Afternoon, An Edmonds residence asked me to pass along this message to you regarding the tree ordinance: Patrick Sampson-Babineau and his partner Robley King would like you to consider taking a common sense approach to the tree ordinance. They are concerned about safety and that you incorporate safety exemptions in your decision making. The exemptions they are most concerned about are trees falling on homes, damaging sewer lines, and damaging roofs. They can be reached at 206-372-0013. Thank you! Maureen Packet Pg. 232 7.A.j From: K Keefe To: Lien. Kernen Subject: Public Comment on 12/9 Planning Board Meeting Date: Wednesday, December 9, 2020 11:07:48 AM Good morning Kernen, I would like to submit public comment for tonight's Planning Board Meeting in regard to the draft tree code. If I submit my comments here, will it be read during the "public comment" period of the meeting? I am unable to attend the meeting via zoom this evening, but would like to ensure that my comments are seen or heard by the board. Please let me know if there is a different avenue I need to take to make sure that I have properly submitted my comments, which I have included below. Many thanks, Killy Keefe Please consider this my public comment on the draft tree code for tonight's Planning Board meeting. I support the draft tree code and would encourage it to be passed as soon as possible. However, I wish it would include MORE restrictions pertaining to trees on private property. If a majority of Edmonds tree canopy exists on private property, wouldn't it make sense to do more to protect those trees? I have 12 significant trees on my property and I would support protections to keep those trees here, even if it was what some would consider "an over step of the government telling me what I can or cannot do on my property." Trees like mine are good for the entire community, and are a community asset, even if they are on my personal property. Please consider passing the tree code now and continue to strive toward further protections for trees in Edmonds on private property in the near future. Killy Keefe Edmonds Packet Pg. 233 7.A.j Killy wheekawheek(&gmail.com "When the power of love overcomes the love of power, the world will know peace." Jimi Hendrix "Dawn is breaking everywhere. Light a candle, curse the glare." Touch of Grey, The Grateful Dead. "She knew how animals would act, she understood what animals thought, but you could never be sure about people." From "The Long Winter" by Laura Ingalls Wilder What is man without the beasts? If all the beasts were gone, man would die from a great loneliness of the spirit. For whatever happens to the beasts, soon happens to man. All things are connected. N Chief Seattle Packet Pg. 234 7.A.j December 12, 2020 TO: EDMONDS CITY COUNCIL FROM; LARRY NAUGHTEN RE: FUTURE EDMONDS TREE HEIGHTS HERE IS A SUGGESTION YOU MIGHT CONSIDER.. Packet Pg. 235 7.A.j PLEASE FORWARD TO THE PLANNING COM IISSION-TY Q Packet Pg. 236 7.A.j EDMONDS TREES AND VIEWS I wanted to comment on Anna West wonderful and thoughtful "GUEST VIEWS" article in the Edmonds Beacon regarding "CAN TREES AND VIEWS COEXIST IN EDMONDS" the answer is yes, but only with considerate Neighbors and a new City tree height ordinance.. I lived in Edmonds for 50 years ... 20 of those years were spent in public service, on the Planning Board, City Council, and as full- time Mayor. I have had a lot of experience in dealing with views and trees, and their conflicts. I was also the victim of abusive and inconsiderate neighbors. As a result, as Mayor,I always had empathy for homeowners who wanted a tree trimmed, or removed, when possible —to protect their views. Here is my suggestion... the City currently has height limits on new construction, both residential and commercial —also height limits fences. The City should pass a new tree height ordinance limit of 25' on any new tree plantings. This would protect future view corridor impacts. This new height ordinance would also send the positive message that the City values the need for trees and views to coexist and thereby maintain and improve the quality of life for the residences of Edmonds. If you live in a view corridor a 25' height limit,on new tree plantings, is important for your homes f value. ' ugh ee Edmonds M or (1983-1991) Packet Pg. 237 7.A.j December 2.2020 TO: EDMONDS PLANNING COMMISSION FROM: LARRY NAUGHTEN RE: FUTURE EDMONDS TREE HEIGHTS HERE IS A SUGGESTION YOU MIGHT CONSIDER Packet Pg. 238 7.A.j EDMONDS TREES AND VIEWS I wanted to comment on Anna West wonderful and thoughtful "GUEST VIEWS" article in the Edmonds Beacon regarding "CAN TREES AND VIEWS COEXIST IN EDMONDS" the answer is yes, but only with considerate Neighbors and a City tree height ordinance.. I lived in Edmonds for 50 years...20 of those years were spent in public service, on the Planning Board, City Council, and as full- time Mayor. I have had a lot of experience in dealing with Views and Trees, and their conflicts. I was also the victim of abusive and inconsiderate neighbors. As a result, I always had empathy for homeowners who wanted a tree trimmed, or removed, when possible —to protect their views. Here is my suggestion... the City currently has height limits on new construction, both residential and commercial —also height limits fences. The City should pass a tree height limit of 25' on any new tree plantings. This would protect future view impacts. This height Ordinance would also send the positive message that the City values the need for Trees and Views to coexist and thereby maintain and improve the quality of life for the residences of Edmonds. �ughte ,'4 or (1983-1991) Packet Pg. 239 7.A.j From: Donna Murohv To: Citizens Planning Board; Lien. Kernen; citizens-climate (abedmonds.wa; Johnson. Laura; Buckshnis. Diane; bebopbi I I(dya hoo. com Subject: Tree Code discussion public comment Date: Wednesday, December 9, 2020 3:37:50 PM Dear Planning Board Members and Mr. Lien, Thank you for taking the time to read my concerns about the current proposed Tree Code. I appreciate the time and dedication that Mr. Lein has given to researching other codes, writing and presenting the current Tree Code draft. I would like to propose the following additional proponents to the current draft: c 1. Limit the amount of significant trees, per year, that a property owner can remove from their property, especially C :r paying close attention to trees that result in the continued deforestation on private land. M 2. Require private property owners to notify the City Arborist of which significant trees they plan to remove and if those trees could be better managed (through education and resources to help the homeowner). 3. If a homeowner plans on building on their property, by either adding on to an existing structure or a detached -a) building that the trees be marked on the site plan, and any trees labeled problematic or to be removed be evaluated C V during the pre -construction meeting. 4. Offer incentives to home -private property owners to keep their significant trees or plant replacement trees. L Incentives may include reducing storm water fees, tax breaks, tree credits and such. Let's move towards a "no net loss" of trees and protect our urban canopies which in turn, protects our watershed. As noted by the many larger cities' tree codes, "Our urban forest is a critical infrastructure." A plan of action is as c important as knowledge and resources. c According to the "Morton Arboretum": "Trees are the only infrastructure that increases in value with age." Clearly — larger trees provide larger benefits. With Edmonds being built out from developers, I have confidence that most of N Edmonds' private land/property owners, with education, guidance and incentives, are willing to take action to N protect our limited tree canopy c Respectfully submitted, Donna Murphy Sent from iPhone please excuse typos/brevity Packet Pg. 240 7.A.j From: Bill Phim) To: Citizens Planning Board Cc: Lien, Kernen Subject: tree code public comment Date: Tuesday, December 8, 2020 6:25:34 PM Hello Planning Board members and Mr.Lien; Please enter the following comments, on the Tree Code, into public record and as comments to Mr. Lien. Thank you. I really enjoyed your last meeting on November 18, 2020. You really dug into the issues surrounding the updated tree code. I appreciate your efforts. I liked the way you danced around the issues and each other ! We now realize that the proposed code, as written, only addresses 5% of the private land in Edmonds. That is the amount of un-developed land that remains.. It does not address the 95% of private land in Edmonds that is already developed. Is it true that Edmonds is 95% "built out".? Thus, there is only 5% of private land left that might be developed. That's the land this code addresses, so far. Some of us realize that this is not enough. In the Urban Forest Management Plan it was stressed that 83% of our forest canopy is on private land. It was a goal of the UFMP to update our codes in order to control deforestation on that 83% of land in Edmonds. The code, as written, doesn't do enough to address deforestation on private land. Not when you remember phrases like "no net loss". So, we can look at "alike" nearby cities and see what they have done: In Shoreline, a property owner can take out three significant trees in a three year period. In Kirkland, a property owner can take out two significant trees at a time and may not take out the last two trees on the lot. It goes on and on with permits vs notifications, fees, plans, penalties, It's complicated. But it can be done. Most of our neighboring cities are already doing it. You know, these are not draconian measures we're talking about. On my street in the last month, 6 significant conifers were cut down; on two different properties. Even under a strong tree code, both of these events would have been permissible. But neither of those folks are replanting conifer saplings.! If you're scared of the "property righters", at least institute a notification system; whereas property owners notify the City of tree cuttings on their property. Then the City knows how many trees are being lost and how many replacement trees to plant in our Tree Bank from proceeds from our Tree Fund. The city of Kirkland uses such a system to track their forest canopy. I've always thought the key to a good tree code is replacement trees. We have to realize that we are losing tree canopy due to development and "property rights". We must commit to replacing lost trees with new trees. We must be forward looking and play "the long game". The trees we plant today will make a huge difference to our grandchildren and their grandchildrens' quality of life. We must plant multiple "of kind" replacement saplings for every tree cut down. Any significant tree cut down anyplace, any time, for any reason; must have replacement trees planted. Once again, thank you for allowing me to sit in on your "tree code" meetings. I appreciated your nuanced discussions about tree replacement requirements, penalties, fees -in -lieu -of, permits, and especially incentives. Packet Pg. 241 7.A.j We must encourage tree plantings and incentives for property owners to retain their trees. Tree credits, tax breaks, storm water bill discounts, tree vouchers; all are good ideas. I hope you choose to broaden the scope of the draft tree code. I hope you look at regulating tree removal on the already developed properties in Edmonds. This is where our urban forest canopy is. Let's create a meaningful tree code that we can all live with and be proud of. Thank you for your time and consideration; Bill Phipps Edmonds Packet Pg. 242 7.A.j From: Sharon Sneddon <sksneddon@frontier.com> Sent: Wednesday, December 9, 2020 4:16 PM To: Citizens Planning Board Cc: Council Subject: Tree Code After reviewing the Urban Forest Plan as well as the existing Tree Code, I believe regulations need to be strengthened if Edmonds is to maintain/increase our current 30.3% tree canopy. With our climate changing, trees face increased challenges to their survival. Rainfall patterns, pests and diseases both current and new, are already affecting our trees. With 83% of the trees in Edmonds growing on private property, stronger regulations are needed to protect that portion of our urban forest canopy. Present regulations requiring new developments to retain 30% of the trees on the property should be increased to at least 50%. Permission to cut trees on private property needs to be more regulated with documentation by a tree professional required to remove even potentially hazardous trees. Removing trees to increase the home owners' view could be regulated by a clause in the buying/selling documents for that property. I am not aware of any public engagement opportunities regarding trees in Edmonds except for the native plant garden (Demo garden) on Pine. I hope you will consider my suggestions. Sharon Sneddon Edmonds Resident Packet Pg. 243 7.A.j Select Homes December 9, 2020 Kernen Lien Environmental Programs Manager City of Edmonds — Planning Division a� Re: Draft Tree Code Review Response 0 My comments and concerns are: Page 3, 23.10.020, MCID N 0 Qualified professional — How many people in our local area have 2 of these credentials that o are in business? Why not just one credential? What are they going to charge? In our 0 U) experience these fees are very high and will contribute to an increase in housing costs. Page 3, 23.10.202, O City's qualified professional — who is this person? Is it someone on staff or an outside consultant? And, what criteria do they use for specimen tree. Page 5, 23.10.060, A Are remodels and additions exempt? Page 5, 23.10.060, B The cost and time to meet all the details you are listing is going to add a lot of cost to new homes and bring down the value of older homes that are over grown. A lot of elderly people have stayed in their homes for extended years and have not been able or afford to take care of their yards. When they have to sell to move to assisted living or can't care for themselves, they are going to be penalized by this ordinance as it will make their properties less desirable. Unless we exempt some types of landscaping like non-invasive species -- Laurel and Emerald Green hedges, Holly Trees, even Rhododendrons and Fruit Trees. Many of them exceed 6 inches if they are old. These should not be considered in this ordinance. 16531 13th Avenue West, Suite A107, Lynnwood, Washington 98037 phone 425.742.6044 fex 425.742.5082 wtvmselectbomesiva. coil? Paa.nca Pg. 244 7.A.j Page 6, 23.10.060, C What happens if you cannot save 30%? Are they going to be cases where you make some lots unbuildable? If so is the City going to buy these lots, or just deny use. Page 7, 23.10.060, D Alders and Cottonwood are another example of trees that die early, rot and fall. 0 �a Page 8, 23.10.070, B a� a� 1. Fencing —Why not use orange construction fencing. 2. Who is the "director", who determines when you can remove fencing? v as as L Page 9, 23.10.070, C N 3. This will make it very hard to save trees that are in the setback, close to driveways CO and sidewalks, etc. o 4. In very few cases can you hand dig a tunnel under a tree root system to lay pipe. c Page 10, 23.10.080 Tree Replacement— Can your replacement trees be planted on a different lot within the city limits? Page 11, 23.10.085 This is the worst thing in the whole proposal. No one should have to record their trees on their title. This has the potential for a lot of misunderstanding by lenders, title companies and future buyers. I strongly disagree with this item and hope it is removed. Page 11, 23.10.090 Bonding There is no way to buy a bond for this. This would have to be cash out of pocket and in some trust account at the City. A lot of administration to manage this. Again, adding cost to the home. If you sell during the two years can you transfer the bond/cash payment responsibility to the new owner? How would it work if you planted trees on someone else's lot? 2 16531 13th Avenue West, Suite A107, Lynnwood, Washington 981W plww, 425,742.6044 Ja . 425.742.5082 wrv+v.seleethomesrva. cam Packet may. 245 7.A.j In closing, I'm not sure what the priority is for the City. You have been talking about affordable housing for a long time. Easy to do with the proper zoning changes. But, this proposal will add a lot of cost to a home. I am very concerned it will make some properties unbuildable or under- utilized. Edmonds has a huge shortage of lots and buildable land. We need to prioritize what is most important. Trees are a necessary part, but they are also something that can and should be managed. Big trees and houses don't go well together. By continuing to harvest and replant everything seems to works better. We hope that the City will utilize these comments and concerns as you move forward with the tree code. We'd also like to see that lots that are currently part of subdivisions that have been submitted be vested in the current code. These properties were purchased and the subdivisions designed without the knowledge that they would be part of a new tree code. The subdivision moratorium is already allowing that no new subdivisions be submitted during this time, but those that have already been submitted should be vested in the existing code. Lastly, while I am a business owner I am also a resident of Edmonds. 1 want the best for our community and feel we can find a more balanced way of managing our trees. Sincerely, Randy Clark President Select Homes, Inc. 3 c 0 �a 3 aD W aD 0 as aD L N CO 0 16531 13th Avenue West, Suite A107, Lynnwood, Washington 98037 pb, w 425.742,6044 fay. 425,742,5082 iviviv.selecthomesiva.com Packet Pg. 246 7.A.j December 9, 2020 c O RE: Proposed Tree Ordinance 3 O1 O O O V My name is Doug Wrigley and I live at 9724 214" PI 5W, Edmonds, WA. I wanted to share my comments regarding the proposed tree ordinance. I am a 21-year employee of Select Homes, Inc. who has constructed 70 new homes on single lots, short plats that we have developed or regular plats throughout the City of Edmonds since 2015. 1 wanted to share with you how the process works and who 0 benefits from this construction activity. 1. Finding the land. The majority of the land we acquire is from sellers who are moving from a single-family home into some form of senior housing. The proceeds from the sale of the land we believe is used to maintain or improve the citizen's standard of living. In many cases the homes we purchase are run down, dangerous dwellings. We have been praised by many that our action to purchase, tear down and build a new home, eliminating the eye sore, rodent infestation, fire hazard, etc., is very much appreciated. Benefited parties: Senior citizen sellers who are paid the highest price for their land based on developable lot yield. Neighbors near the dwelling who get a safer community as a result of a derelict home being removed from their neighborhood. 2. We make a preliminary plat application if the land will be subdivided. Sometimes during the processing of the plat, we can allow the Seller to remain in the house for a year or more. This is helpful to make the process of moving into senior housing a gradual change vs. an immediate one. Benefited parties: Senior citizen sellers who sometimes enjoy rent free living for up to a year. City Staff who have sufficient work to maintain gainful employment as a result of department reviews of our projects. Local engineers, planners, architects, surveyors, soil testing organizations, asbestos testing organizations and asbestos remediation organizations to name a few. Once construction is started, we pay 10.4% in WSST for everything that goes into the home. Included in the 10.4% is the local Edmonds portion of the sale tax rate, 3.9%. On a typical new home, we will pay approximately $66,000 in state sales tax of which approximately $25,000 is Packet Pg. 247 7.A.j the Edmonds local portion. In addition, there are a host of permit fees associated with constructing a new home ... fees that can easily exceed $30,000 with most of that collected by the City of Edmonds. Any you can't forget the big one: the millions and millions of dollars of value that is created by developer/builder activities that gets taxed in the form of property taxes forever more. Hospital districts make more, school districts, etc. Benefited parties: City of Edmonds general revenue fund. State of Washington general revenue fund. Citizens of Edmonds. Hundreds of employees throughout the area who are paid a living wage to form and pour foundations, frame, side the home, roof the home, wire and plumb the home, landscape the home. School districts, hospital districts, etc. 4. Once the home is completed and the home sell and closes, we are charged Excise Tax on the sales price of the home regardless if any money was made on the project. It's a variable rate (new 2020) but is approximately 1.8% of the selling price or $24,930. Part of this goes to the State and part goes to the City of Edmonds. Benefited parties: State of Washington / City of Edmonds. While we love building in Edmonds where a lot of us live it is fairly restrictive even without the new tree ordinance. We have height constraints on all our homes. We have to amend the soil where landscaping will be installed. We have to retain/manage every drop of water that hits the lot through sometimes expensive/elaborate storm water systems. If the house is over 3000 sf then a fire suppression system is required to be installed. We have to install underground utilities to the new home where once the utilities were overhead. Often, we need to add sidewalks, wheelchair ramps and other public improvements. It takes a lot of money to make sure we are doing it right. It was funny but when purchased my lot, I had no idea that I'd spend $55,000 on Edmonds lot requirements on top of what I paid for the land and small tear down home. That's a real number and that is what it cost me for my storm system, soil amendments, underground utilities, improving the side sewer, etc. not to mention approximately $8,000 to install fire suppression in my home. Finally, I am concerned about the timing of the enhanced tree ordinance. We are in the middle of a pandemic and we need all the sales tax revenue we can get to offset some of our shuttered businesses. We need to focus on the health and wealth of our senior citizens, those of whom might be thinking of selling their homes and need the proceeds from the sale to help them survive financially. We need to think of our City employees and their livelihoods. Where would many of them be if redevelopment was squashed in the City of Edmonds as a result of an onerous tree ordinance. I would ask the Mayor and Council to tap the breaks on the tree ordinance implementation. It needs more thought. Stakeholders like us should be at the table helping to draft a commonsense ordinance. What you currently have will certainly lead to fewer applications, fewer new homes being constructed and fewer tax dollars for Edmonds. It's just to costly, especially in these unprecedented times. The ordinance needs balance and I am sure you will hear specifics from others. c 0 �a 3 aD W aD 0 v m aD N C6 0 Packet Pg. 248 7.A.j December 9, 2020 RE: Proposed Tree Code Update To Whom It May Concern, I am an Edmonds resident and an employee of Select Homes, Inc. We have been building in Snohomish County for thirty years and in Edmonds over the last decade. I have worked with nine cities in Snohomish and King counties while working in land development and residential construction. I have seen how different tree ordinances impact this process in many ways. For instance, when laying a house on a property we take many things into consideration — privacy, yard size, views, how can we maximize daylight in the yards, etc. With overly strict tree ordinances we have little flexibility (or it becomes overly cost prohibitive) in making the best layout for the families that will be living in the future home. The City of Edmonds permitting process takes weeks, if not months, longer than many of the other jurisdictions I work with. The addition of such strict ordinances will extend this process in many ways — finding qualified arborists is difficult and the wait times for reports can take many weeks. When we receive comments from the City, we'll likely have to go through another wait time for updated reports from the arborists. The longer we hold onto these properties, the more they cost us and this ultimately adds to the price of the home. In the same way the added expense caused by time lost adds to the price of the home, so will the added expense of arborists, tree protection, tree replacement, etc. that will all go to driving up the price of homes. The subdivision moratorium has already made the City of Edmonds builder unfriendly and now this new tree ordinance will do the same. This will go for builders of all kinds and will make it even more prohibitive for any new housing in Edmonds, including affordable housing. We hope to see a more balanced tree ordinance. We'd like to see exemptions for plantings that were originally done as landscaping (emerald greens, rhododendrons, fruit trees, etc.) that have become overgrown and now exceed 6 inches and/or the Significant Tree definition increased from 6 inches. We're very concerned with the requirements for bonding and putting the trees on title. The requirement for bonding will be a deterrent to builders as the trees are out of their control upon sale of the property and the title requirement will be a hinderance for home buyers. We hope to see lots that are part of a subdivision that are already submitted to be vested to the current code. Thank you, Kayla Nichols Packet Pg. 249 7.A.j From: Chris Walton <emailcwalton@gmail.com> Sent: Thursday, December 10, 2020 7:56 AM To: Lien, Kernen Cc: Spellman, Jana; Barbara Chase Subject: Last Night's Presentation Hello Kernen, Thanks to your team for the presentation last night. It was interesting. I was hoping to make a couple of comments at the end, but to be honest I couldn't bear to go through the beginning slides a 2nd time. I gave up. No worries. I truly understand the challenges of Zoom. • It appears to me that in the end, it all boils down to money. Unless I am misunderstanding the document (and that is very possible!), the concept is that developers are "encouraged" to maintain trees, or replant trees, because if they don't there will be a price to pay. I suspect that most developers will clear cut the lot and just consider that price as part of the expense of the project and pass it on to the buyers. • Cutting down huge mature trees and replanting puny replacements will have little effect on the environment for years to come. • The way we build now maximizes density. One large single lot can easily end up having 3 large houses put on it. (Example: new houses on corner of Pine and 9th where there used to be many beautiful trees). This is a people versus nature issue that I doubt we will solve. The reality is that when houses are packed together like that, large trees will never fit. • Hopefully we are "measuring" in some way what we are doing. In other words, 5 years from now, did these monetary incentives work, or are we continuing to loss the canopy in significant numbers? We'll see. I am glad that I am a senior and won't be around much longer. What humans are doing to this planet is disgraceful and not sustainable. I do applaud your team and the Tree Board for "trying", but I doubt nature will win in the end. No reply is expected. Just sharing my personal thoughts. Respectfully, Chris Walton Cedar Street, Edmonds Packet Pg. 250 7.A.j From: Janie Worm <hello@janieworm.com> Sent: Thursday, December 10, 2020 1:21 PM To: Citizens Planning Board Subject: Tree Codes To whom it may concern, I attended a recent Tree Board meeting, and board member Bill Phipps recommended that I share some thoughts with you regarding tree codes. 0 First of all, I am s000... grateful that tree codes are being written & updated to help meet the current environmental needs of our times. My thanks to everyone who has put their time and attention into this! 0 U I think it's great to charge a hefty fee for contractors not able or willing to replant the desired number of trees on lots of completed construction projects. This is a great step. My concern, however, is that many will opt to pay the fee and move on. Then, we have money in the bank, but money will not clean our air, our water, and support our soils. It feels to me like a major education campaign needs to happen. Awareness/Education --> Appreciation; Appreciation --> Protection/ Preservation. How can we impress upon people that trees are not like light posts that we can tear down and reconstruct somewhere else. They take years of growth and are the best purifiers of our environment, better than anything we can construct from inorganic materials. Trees are unpaid employees working silently and efficiently everyday on our behalf! Can we offer incentives to home and land owners? At tax time, those who have purchased hybrid vehicles get a tax break. Can we offer tax breaks or a stipend to those planting and maintaining large trees, since the whole community is benefiting from them? Someone mentioned a tree at 8th & Walnut that neighbors prefer to have removed. Can we first educate people? I recommend putting a sign near the tree that offers facts showing how it benefits them personally, and giving the tree a voice. (I haven't seen the tree so I'll make up an example.) Sample of one possible educational sign. Packet Pg. 251 7.A.j "I am a 20 year old Blue Spruce that removes 200 lbs of carbon from the air each year, improving air quality by 22%. I also filter 100 gallons of water annually, and my canopy reduces surface temperatures, benefiting all residents. I offer these gifts of service for free. " Nature is very dear to my heart, and trees are one of the most important keys to turning around global warming. Since my yard is full, I am willing to plant trees on any public lands (city, state, national, global). Please let me know how I can help increase the number of trees in this area. I have o many friends, arborists, gardeners, plant nursery workers, teachers, students... all ready and willing to help. After the recent wildfires, this feels more important than ever. There's a "must see" documentary titled, "Call of the Forest: The Ancient Wisdom of Trees." i Thanks so much for all you do, and for thinking about the health and well- being of the planet, all life and future generations. Together we can accomplish anything! Thanks again. Janie Worm "Let's bring your space to life with paint. " -- Harmony Paint & Music "Love moves like a song." -- JanieWorm.com Packet Pg. 252 8.A Planning Board Agenda Item Meeting Date: 01/13/2021 Climate Goals Planning - Status Update and Discussion Staff Lead: Kernen Lien Department: Planning Division Prepared By: Kernen Lien Background/History Edmonds has supported specific climate protection activities for at least a decade, as well as related "sustainability" activities for even longer. In 2017, the Mayor signed the Mayors National Climate Action Agenda and the City Council adopted Resolution No. 1389 (attached) to achieve or exceed at the local level the goals established in the Paris Climate Accord. The resolution contains seven sections related to climate issues, particularly for reducing greenhouse gases. Staff Recommendation N/A Narrative Staff will provide an update of the City's Climate Goals project at the January 13th Planning Board meeting. The City of Edmonds hired a consultant, Environmental Science Associates (ESA), to help implement Resolution No. 1389 (Attachment 1). As part of the project over the last couple of years, milestones have included: a greenhouse gas inventory; a policy gap analysis regarding existing City policies related to climate change; discussion on science -based targets for climate change planning; a tracking tool for the City to use in meeting its climate goals; and a public information open house. In 2020, the City Council adopted Resolution No.1453 (Attachment 2) which established a planning target of limiting the global average temperature increase to no more the 1.5 degrees Celsius above pre- industrial levels. Setting this target is key for guiding the update of the City's Climate Action Plan. While development of the updated Climate Action Plan was stalled in 2020 due to the COVID pandemic, development of the Climate Action Plan is beginning in earnest again. Cascadia has been hired to assist with the public engagement aspect of developing the Climate Action Plan. Staff will provide the Planning Board an overview of the timeline for Climate Action Plan Development in 2021. Attachments: Attachment 1: Resolution No. 1389 Attachment 2: Resolution No. 1453 Packet Pg. 253 8.A.a RESOLUTION NO. 1389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS COMMITTING TO ACHIEVE OR EXCEED AT THE LOCAL LEVEL THE GOALS ESTABLISHED IN THE PARIS CLIMATE ACCORD WHEREAS, climate change poses a grave threat to the health and well-being of this and future generations in Edmonds and beyond; and WHEREAS, according to the World Health Organization, human -caused climate change is already killing some 150,000 people every year around the world; and WHEREAS, people of color, immigrants, refugees, economically disadvantaged residents, older people and children, people who are homeless, and people with existing mental or health conditions will experience climate change disproportionately; and WHEREAS, the 2015 EPA report, Climate Change in the United States; Benefits of Global Action, states that global action on climate change would prevent nearly 70,000 premature American deaths annually by the end of the century while sparing the country hundreds of billions of dollars in economic losses; and WHEREAS, Washington State has already experienced long- term warming, moretu E frequent nighttime heat waves, sea level rising along most of Washington's coast, increased v coastal ocean acidity, decline in glacial area and spring snowpack and the State Department of e, Ecology has reported that, "human caused climate change poses an immediate and urgent M threat"; and o z WHEREAS, economists have concluded that Washington's families and businesses are o likely to incur billions of dollars of annual economic costs if Washington state and other states and nations fail to drive reductions in climate -changing greenhouse gas pollution. These economics impacts include increased energy costs, coastal and storm damage, reduced food production, increased wildland fire costs, and increased public health costs; and r WHEREAS, in recognition of the immediate need to take strong and proactive action to protect our environment, the City of Edmonds in 2006 established the Climate Protection Committee with a core mission to: 1. Encourage Edmonds citizens to be a part of the solution 2. Encourage City staff and citizens to conserve current resources 3. Work with the City Council to implement ideas to preserve and enhance our environment 4. Effectively address the future impacts of climate change Packet Pg. 254 8.A.a WHEREAS, the Climate Protection Committee has established key environmental strategies to: 1) Reduce fossil fuels with renewable energy resources for energy supplied to buildings, 2) Improve energy efficiency of and within buildings and 3) Require the design and construction of new and remodeled commercial buildings to meet green building standards; and WHEREAS, on June 6, 2017, Mayor Dave Earling signed the Mayors National Climate Action Agenda and stated "In light of the [President's] decision to withdraw from the Paris Accord, I feel it important for our city to emphasize our local commitment to, and continued effort to improve our environment"; and WHEREAS, as a signatory of the Safe Energy Leadership Alliance ("SELA"), Edmonds has committed itself to being a regional and national leader in addressing the adverse impacts of climate change driven by the burning of fossil fuels; and enacted bold policies and programs to reduce emissions from its transportation, building energy, and waste sectors and reduced emissions while its population has grown; and WHEREAS, the Paris Agreement resulted in a commitment from almost every nation to take action and enact programs to limit global temperature increase to less than 2 degrees Celsius, with an expectation that this goal would be reduced to 1.5 degrees in the future; and WHEREAS, the State of Washington has mandated statewide reduction of GHG emissions to 50% below 1990 levels by 2050; and WHEREAS, the City Council adopted Resolution No. H.29 on September 18, 2006 = U adopting the U.S. Mayors Climate Protection Agreement as amended by the 73rd Annual U.S. Conference of Mayors meeting; and °r,° WHEREAS, Resolution No. 1129 also requested semi-annual updates to City Council o z regarding the progress of the City in implementing the following program milestones: 1) r_ Conduct a greenhouse gas emissions inventory and forecast for the City, 2) Establish a 3 greenhouse gas emission target (GHG), 3) Develop an action plan to meet the local greenhouse o emissions target, 4) Im.plement the action plan and 5) periodically review progress and update the plan; and r WHEREAS, on February 4, 2010 the City of Edmonds completed a Climate Change Action Plan and within the plan it reported Edmonds buildings account for approximately one- third of Edmond's GHG emissions for lighting, heating, cooling, and cooking; and WHEREAS, the Climate Change Action plan states replacing fossil fuel -derived energy with renewable energy sources for both city owned buildings and throughout our community is critical to achieving the greenhouse gas emission reduction goals set forth in the City's Climate Action Plan and the Compact of Mayors, to which the City is a signatory; and WHEREAS, it is imperative that energy consumers and the utilities serving them take early action to reduce carbon emissions given the accelerating rate climate change the planet is Packet Pg. 255 8.A.a experiencing, and shifting to 100% of electricity from renewable sources by 2025 is within reach; and WHEREAS, "renewable energy" includes energy derived from hydrogen, wind power sited in ecologically responsible ways, solar, existing and low -impact hydroelectric, geothermal, biogas (including biogas produced from biomass), and ocean/wave technology sources. "Renewable energy" specifically excludes energy derived from fossil fuels, nuclear, biomass feedstocks sourced from state and federal lands, hydrogen produced from fossil fuels, and incineration of .municipal and medical waste; and WHEREAS, the Edmonds City Council has demonstrated its commitment to environmental stewardship and the health and safety of Edmonds residents by numerous other actions, including passing Resolution 1362 on June 28, 2016 stating its opposition to the transport of crude oil by rail; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, THAT: Section 1: City Council fully supports Mayor Dave Earling's June 6, 2017 endorsement of the Mayors National Climate Action Agenda. Section 2: City Council rededicates itself to partnering with the City administration and Edmonds citizens to identify the benefits and costs of adopting policies and programs that promote the long-term goal of greenhouse gas emissions reduction while maximizing economic and social benefits of such action. Section 3: The Planning Department and the Climate Protection Committee will report CD annually to the City Council our current municipal and community -wide GHG inventory starting in 2018. ° z Section 4: The Planning Department and the Climate Protection Committee will establish o and recommend to City Council a GHG emissions reduction target goal for both the near terns 0 and long tern by July 1, 2018. Section 5: The Planning Department and the Climate Protection Committee will update our City's Climate Change Action Plan and review the specific strategies for meeting the possible. emissions reduction target as well as tying mitigation with adaptation measures where poE r 5cction 0, The City establishes the following renewable energy goals for both municipal facilities and for the City at large: 100% renewable energy for municipal facilities by 2019; and, ii. 100% renewable energy for the City's community electricity supply by 2025. Section 7: By November 1, 2018, the Planning Department and the Climate Protection Committee will develop a work plan, including options, methods and financial resources needed and an associated timeline and milestones to achieve these renewable energy goals. Packet Pg. 256 8.A.a RESOLVED this 27t' day of June, 2017. APPROVED: TOM M ESAR0S; COUNCIL PRF,. )ENT ATTESTIAU'1'1 ;i�i 1'1CATED: Y CLERK, 'C PASSEY FILED WITH THE CITY CLERK: June 28, 2017 PASSED BY THE CITY COUNCIL: June 27, 2017 RESOLUTION NO. 1389 4 rn 00 M O Z C O 7 O N N Packet Pg. 257 8.A.b RESOLUTION NO. 1453 A RESOLUTION OF THE EDMONDS CITY COUNCIL SETTING A SCIENCE BASED CLIMATE CHANGE PLANNING TARGET OF LIMITING THE GLOBAL AVERAGE TEMPERATURE INCREASE TO NO MORE THAN 1.5 DEGREES CELSIUS ABOVE PRE- INDUSTRIAL TEMPERATURES WHEREAS, climate change poses a grave threat to the health and well-being of this and future generations in Edmonds and beyond; and WHEREAS, on June 6, 2017, the City of Edmonds' Mayor signed the Mayors National Climate Action Agenda and stated, "In light of the [President's] decision to withdraw from the Paris Accord, I feel it important for our city to emphasize our local commitment to, and continued effort to improve our environment"; and WHEREAS, in Resolution No. 1389 the Edmonds' City Council fully supported endorsement of the Mayors National Climate Action Agenda and also identified new actions to take; and WHEREAS, as a signatory of the Safe Energy Leadership Alliance ("SELA"), Edmonds c� has committed itself to being a regional and national leader in addressing the adverse impacts of climate change driven by the burning of fossil fuels; and enacted bold policies E and programs to reduce emissions from its transportation, building energy, and waste v sectors and reduced emissions while its population has grown; and T WHEREAS, on February 4, 2010 the City of Edmonds completed a Climate Change 6 Action Plan that states replacing fossil fuel -derived energy with renewable energy c sources for both city owned building and throughout our community is critical to ° achieving the greenhouse reduction goals set forth in the City's Climate Action Plan; and c as WHEREAS, Resolution No. 1389 noted the City Staff and the Climate and the Climate Protection Committee will establish and recommend to the City Council a GHG N emissions reduction target goal for both the near term and long term; and d WHEREAS, a science -based climate target sets a rate of climate action that is aligned with keeping average global temperature increases below a specified level of increase compared to pre -industrial temperatures. WHEREAS, an advantage of adopting a science -based target is that it can remain constant. Over time, the rate of decarbonization necessary to meet the target may go up or down, depending on the success of the climate action plan. The science -based target is the desired endpoint, and decarbonization rates can be adjusted as the primary means of reaching it. WHEREAS, the Paris Agreement resulted in a commitment from almost every nation to 1 Packet Pg. 258 8.A.b take action and enact programs to limit global temperature increase to less than 2 degrees Celsius, with an expectation that this goal would be reduced to 1.5 degrees in the future; and WHEREAS, in 2019, a science based climate target was discussed by the Climate Protection Committee which recommended that the City pursue efforts to limit the increase in the global average temperature to 1.5 degrees Celsius above pre -industrial levels; and WHEREAS, the City is updating the Climate Change Action Plan which will include reviewing specific strategies for meeting the emissions reduction targets based on the City's adopted science based climate target; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edmonds, Washington as follows: Section 1. The City Council adopts the science based climate target of limiting the increase in the global average temperature to no more than 1.5 degrees Celsius above pre- industrial levels. Section 2. While updating the City's Climate Action Plan, the City will review specific strategies for the Edmonds' share of meeting the no more than 1.5 degrees target as well as tying mitigation with adaption measures where possible. RESOLVED this 18th day of August, 2020. CITY OF EDMONDS MOOR, MIKE NELSON ATTEST/A[UTHENT TED: LERK,SCOT SEY FILED WITH THE CITY CLERK: August 14, 2020 PASSED BY THE CITY COUNCIL: August 18, 2020 RESOLUTION NO. 1453 M In T O Z 0 0 d Packet Pg. 259 9.A Planning Board Agenda Item Meeting Date: 01/13/2021 Review of Extended Agenda Staff Lead: Rob Chave Department: Planning Division Prepared By: Rob Chave Background/History The Planning Board extended agenda is reviewed each meeting. Staff Recommendation N/A Narrative Review the Extended Agenda. Attachments: Attachment 1: PB Extended Agenda Packet Pg. 260 oV 1014, Items and Dates are subject to change PLAHMNS BOARD Extended Agenda January 13, 2021 Meeting Item January, 2021 January 1. Discussion/Deliberation on Draft Amendments to City of Edmonds 13 Tree Codes (Tentative, if necessary) 2. Climate Goals Planning —Status Update and Discussion January 1. Parks, Recreation & Cultural Services Update 27 2. 2022 Parks, Recreation & Open Space (PROS) Plan Update Focus Recommendations February, 2021 February 10 February 24 1. Potential code amendment to allow unit lot subdivisions in the Downtown Business (BD) zones (File No. AMD2020-0003) 2. Review /discussion on code update work: EV Charging 1. Packet Pg. 261 9.A.a Items and Dates are subject to change Pending 1. Implementation / code updates implementing the UFMP 2020-21 2. Implementation / code updates implementing climate goals 3. Implementation / code updates addressing WA state roadmap 4. Neighborhood Center Plans & implementation (esp. 5 Corners) 5. Low impact / stormwater code review and updates 6. Sustainable development code(s) review and updates 7. Housing policies and implementation (incl ADU regs) 8. Nonconforming buildings and redevelopment issues 9. Subdivision code updates 10. Community Development Code Amendments / Re -Organization 11. Further Highway 99 Implementation, including: ✓ Potential for "urban center" or transit -oriented design/development strategies ✓ Parking standards Recurring 1. Election of Officers (V meeting in December) Topics 2. Parks & Recreation Department Quarterly Report (January, April, July, October) 3. Joint meeting with City Council — March? 4. Development Activity Update 5. Joint meeting with EDC? Q Packet Pg. 262