Hearing Examiner Decision PLN20100034lnc 1S911
GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH o Edmonds, WA 98020 o (425) 771-0220 o FAX (425) 771-0221
HEARING EXAMINER
CITY OF EDMONDS
In the Matter of the Application of
City of Edmonds )
Public Works Department )
For a Shoreline Substantial Development )
Permit. )
JUL 19 Z010
PLANNING KEPT
NO. PLN20100034 (Talbot Road Project)
FINDINGS, CONCLUSIONS,
AND DECISION
SUMMARY OF DECISION
The request for a shoreline substantial development permit to allow storm drainage and stream
channel improvements within the Puget Sound shoreline as called for in the Talbot Road —
Perrinville Creek Drainage Improvement Project is GRANTED, subject to conditions.
SUMMARY OF RECORD
Request:
The City of Edmonds Public Works Department (Applicant) requested a shoreline substantial
development permit to allow storm drainage and stream channel improvements within the Puget
Sound shoreline as called for in the Talbot Road — Perrinville Creek Drainage Improvement
Project. The project will occur on private properties at 8307, 8311, and 8229 Talbot Road, in
Burlington Northern Santa Fe right-of-way, and in the Talbot Road public right-of-way in
Edmonds.
Hearing Date:
The City of Edmonds Hearing Examiner conducted an open record hearing on the request on
July 1, 2010.
Testimony:
At the open record hearing, the following individuals presented testimony under oath:
1. Kernen Lien, Associate Planner, City of Edmonds
2. Arthur Fleming, Herrera Environmental Consultants
3. Rob English, City Engineer, City of Edmonds
4. Alvin Rutledge
Exhibits:
At the open record hearing the following exhibits were admitted into the record:
1. Staff Report
2. Land Use Application
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034 page I of 11
• Incorporated August 11, 1890 •
�-i --- ^-- T i -, • i
3. Joint Aquatic Resources Permit Application (DARPA)
4. Phase 1 Design Plans
5. Phase 2 Design Plans
6. Herrera Environmental Consultants Critical Areas Report and Mitigation Plan
7. ESA No Effect Letter
8. Terracon Consulting Engineers & Scientists Geotechnical Report
9. Zoning and Vicinity Map
10. Shoreline Environmental Designations
11. SEPA Checklist
12. SEPA Mitigated Determination of Nonsignificance
13. Declaration of Mailing
14. Declaration of Posting
15. Affidavits of Publication
16. City of Edmonds Comment Forms from Engineering, Public Works, Building, Parks, and
Fire Departments
17. Hearing Examiner Public Project Advisory Report to City Council (ADM20100006)
18. FEMA FIRM Map 53061C1305 E
Upon consideration of the testimony and exhibits submitted at the open record hearing, the
Hearing Examiner enters the following Findings and Conclusions:
FINDINGS
1. The Applicant requested an SSDP to construct the improvements called for in the Talbot
Road — Perrinville Creek Drainage Improvement Project (hereafter, "Talbot Road
Project" or "project"). The Talbot Road Project is located between Talbot Road and the
Burlington Northern Santa Fe (BNSF) railroad tracks near the Puget Sound shoreline.
The project involves work in Perrinville Creek, modifications to an existing high -flow
bypass structure, and relocation of a storm drain and outfall to Perrinville Creek. The
storm drain receives runoff from neighborhood streets and an unnamed stream that drains
from Southwest County Park. Exhibit 1, page 1; Exhibits 2-6.
2. The project will remove sediment that has accumulated in the lower portion of Perrinville
Creek, improve fish passage, replace an existing storm drain with a larger pipe, and
provide channel improvements to improve fish habitat and to resolve flooding of private
property. The project will occur on private properties at 8307, 8311, and 8229 Talbot
Road, in BNSF right-of-way, and in the Talbot Road public right-of-way in Edmonds.
Exhibit 1, page 1; Exhibits 3-6 and 9.
3. The project is scheduled to occur in two phases. Phase 1, to be completed in 2010, will
address the sedimentation and aggradation of Perrinville Creek to alleviate the short-term
flooding risk during the winter of 2010-2011. Phase 2, to be completed in 2011, will
address the inadequate storm drain on 8307 Talbot Road by installation of a larger pipe.
Phase 2 will also include channel improvements to improve fish passage and fish habitat.
Exhibit 1, page 1; Exhibits 2-5.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034
page 2 of 11
4. The specific activities that will occur in Phase 1 of the project are as follows (please refer
to Exhibits 3, 4, and 6 for more details):
Remove sediment from Perrinville Creek steam channel immediately upstream of
the existing high -flow bypass structure (8229 Talbot Road), and between the
outfall of the existing storm drain and the fence on the BNSF right-of-way (8307
Talbot Road) with a vactor truck. The removal of sediment upstream of the high -
flow bypass structure will create storage capacity for deposition of future
sediments that would otherwise be transported downstream via the bypass
structure during the storms of 2010-2011.
• Install gabion baskets on the Perrinville Creek bank immediately upstream of the
high -flow bypass structure to stabilize the eroding bank, and fill the baskets with
rock.
Temporarily replace (by hand) the existing weir plate located immediately
downstream of the high -flow bypass structure with a weir plate designed to
increase flow into the bypass structure.
• Install, by hand and with a small excavator, an 18-inch diameter streamflow
diversion pipe upstream of the high -flow bypass structure to temporarily divert
flows during sedimentation removal and weir replacement. The diversion pipe
will tie into the high -flow bypass structure vault. The pipe will be plugged except
when needed.
The project area will be inaccessible to fish during construction, and construction will
occur during dry conditions. Exhibits 3, 4, and 6.
5. During Phase 1, the following measures will be taken to minimize construction -related
impacts (these measures are identified in the Critical Areas Report and Mitigation Plan):
Prior to commencing construction, have a fisheries biologist survey the affected
section of the stream to determine if fish are present. If fish are found, contact
Washington Department of Fish and Wildlife (WDFW) to determine the
appropriate course of action, which might include installation of block nets to
crowd the fish upstream of the construction area.
To control suspended sediments, install a sandbag cofferdam and use submersible
pumps to divert flow into the high -flow bypass structure.
• Place compost filter socks throughout the construction area, particularly
immediately downstream of the cofferdam and weir.
Conduct work within the WDFW-approved work window of July 1 through
September 30, when fish are least likely to be present.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034
page 3 of 11
Restore all areas disturbed by construction, and seed any exposed ground on the
upper stream bank with a native grass seed mix and cover with straw.
Exhibits 3 and 6.
6. The specific activities that will occur in Phase 2 of the project are as follows (please refer
to Exhibits 3, 5, and 6 for more details):
Construct a new stormwater conveyance facility, including a catch basin on the
south side Talbot Road and a new storm pipe, which will be installed within
existing and new sewer easements at 8307 Talbot Road. The new storm drain will
discharge to Perrinville Creek approximately 60 feet downstream of the existing
outfall. The outfall will be constructed during the WDFW-approved work window
while Perrinville Creek is diverted into the high -flow bypass structure.
• Modify the Perrinville Creek channel to improve hydraulic capacity and habitat
conditions. The work will include removing vegetation (i.e., ornamental shrubs
and Himalayan blackberry), debris, and hardscapes surrounding the stream
corridor; lowering the channel grade by one to one and a half feet; stabilizing
streambanks with coir fabric and native plantings; constructing wetland terraces
within the stream corridor; installing temporary erosion control measures;
installing channel -spanning logs as grade control structures; installing root wads
and boulders to improve habitat; placing gravel along the streambed as needed;
installing of streambed cobbles at the new storm drain outfall; revegetating
disturbed areas with species that will not exceed ten feet in height at full growth;
and, once channel improvements are complete, replacing the temporary weir with
a permanent weir.
Exhibits 3, 5, and 6.
7. Construction impacts associated with Phase 2 will be minimized by diverting the stream;
using a block net to prevent fish from entering the high -flow bypass structure; placing
compost filter socks within the construction area; installing an inflatable sewer pipe plug
near the inlet of the culvert to prevent suspended sediment from entering Puget Sound;
conducting work during the WDFW-approved work window; and collecting stormwater
generated on site into a temporary catchment facility. Exhibits 3 and 6.
Within the project area, the City of Edmonds Shoreline Master Program designates the
BNSF right-of-way portion of the Puget Sound shoreline as an Urban Railroad shoreline
environment, and the land located to the southeast of the right-of-way as a Suburban
Residential I shoreline environment. Exhibit 10.
9. The Shoreline Master Program identifies "intakes and outfalls" as shoreline -dependent
uses. Exhibit 1, page 5.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034 page 4 of 11
10. The subject property is zoned Single -Family Residential (RS-20). Local public facilities
that are planned, designated, and sited in the Capital Improvement Plan are primary
permitted uses in the RS-20 zone. Exhibit 1, page 4.
11. In a prior proceeding, the Hearing Examiner evaluated the Talbot Road Project's
consistency with the Comprehensive Plan and issued an advisory report to City Council
that the project is consistent, but recommended that the City revegetate the regraded
stream channel and other existing bare and erosion prone areas within the affected
portion of Perrinville Creek. Exhibit 17. The Applicant has incorporated the Hearing
Examiner's recommendation into the project plans, as described in the Critical Areas
Report and Mitigation Plan. Exhibit 1, page 4; Exhibit 6.
12. The Shoreline Master Program requires shoreline developments to comply with local
critical areas regulations. ECDC 23.10.130(B). The purpose of the City's critical areas
code is to "designate and classify ecologically sensitive and hazardous areas and to
protect these areas and their functions and values, while also allowing for reasonable use
of private propertt." ECDC 23.40.000.
13. Four environmentally critical areas as designated by the City of Edmonds are within the
project area. These include Perrinville Creek, a Type F (fish habitat) stream; an unnamed
Type Np (non -fish habitat perennial) stream; a 164-square-foot Category III wetland; and
frequently flooded areas associated with Puget Sound. Under City of Edmonds critical
areas regulations, Type F streams require 100-foot buffers (adjacent to reaches with
anadromous fish access), Type Np streams require 50-foot buffers, and Category III
wetlands require 50-foot buffers. Exhibit 1, page 4; Exhibit 6, pages 34-43 and 57;
Exhibit 18; ECDC 23.90.040(D).
14. Pursuant to ECDC 23.90.040(D)(7), storm water management facilities are allowed
within stream buffers provided that no other location is feasible, and the location and
function of the facilities will not degrade the functions or values of the stream or stream
buffer.
15, The upper reaches of Perrinville Creels support resident cutthroat trout, and the lower
reach supports anadromous fish (mainly coho salmon). The existing culvert on the
downstream side of Talbot Road precludes anadromous fish passage to the upper reaches
of the creek. Perrinville Creek does not support any aquatic species listed under the
Endangered Species Act. Exhibit 6, pages 39 and 42.
16. Within the project area, Perrinville Creek lacks quality habitat for anadromous fish. The
riparian conditions include landscaped vegetation and hardscapes such as walkways and
decks. The stream channel lacks complexity and habitat features, such as in -channel
wood. After exiting the project area, the stream flows beneath the BNSF tracks via a
concrete culvert and discharges into Puget Sound. The channel contains a sharp drop at
the culvert inlet that prevents fish passage at some levels of flow. Exhibit 6, pages 17 and
39.
Findings, Conclusions, and Decision
City of Edtnonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034
page 5 of 11
17. The Perrinville Creels buffer area has been highly altered due to residential and
transportation infrastructure development. Native riparian vegetation has been cleared
within project area, although a portion of the buffer at 8229 Talbot Road has been
enhanced through installation of native trees and shrubs. With the exception of the
enhanced area, the buffer (which includes manicured lawns, hardscapes, ornamental
trees, and invasive species) provides little habitat function. Exhibit 6, page 41.
18. The unnamed stream flows into lower Perrinville Creels approximately 150 feet upstream
of Puget Sound via the City storm drainage system. The inadequate flow capacity of the
existing conveyance pipe causes flooding of adjacent residences, particularly the
residences at 8307 and 8311 Talbot Road. Exhibit 6, page 13.
19. The Category III wetland is located within the ordinary high water mark of Perrinville
Creek, immediately upstream of the culvert beneath the BNSF tracks. The wetland has
moderate potential to improve water quality and improve hydrologic functions, but
provides little habitat value to local wildlife. Exhibit 6, page 38.
20. The project will result in a permanent impact of 164 square feet of Category III wetland.
Exhibit 6; Exhibit 1, page 9.
21. The project will comply with the mitigation sequencing requirements of ECDC
23,40.120. Impacts to the Category III wetland are unavoidable in this instance due to its
location within the Perrinville Creek steam channel. Impacts will be minimized through
use of Best Management Practices (described in Findings 5 and 7). Impacts will be
rectified through restoration of the lower reach of Perrinville Creels. The restoration
activities will result in improved fish passage (by modifying the grade) and habitat.
Impacts will be reduced over time through implementation of a Monitoring, Habitat
Management, and Site Maintenance Plan (described in Exhibit 6). Wetland impacts will
be compensated at a ratio exceeding 2:1, which is the minimum required by the ECDC.
The compensation will include restoration of approximately 400 feet of riparian
floodplain terrace wetland. In addition, the City will establish a 25-foot riparian buffer
planting zone along the channel where feasible. Wetland mitigation and riparian buffer
enhancement areas will be monitored for a period of five years (the ECDC requires a
minimum of three years). Exhibit 1, page 8; Exhibit 6, pages 45-46.
22. Consistent with ECDC 23.70.020, flood capacity related to Puget Sound events will be
maintained through maintenance of bi-directional flow capacity through the culvert
conveying Perrinville Creels under the BNSF tracks. The culvert will be inspected
periodically. The Perrinville Creek channel modifications will result in improved
drainage and greater flood storage volume than available under current conditions.
Exhibit 6, page 57.
23. Consistent with ECDC 23.90.030, the mitigation of alterations to Perrinville Creek will
achieve equivalent or greater biologic and hydrologic functions than under existing
conditions. Exhibit 1, page 10; Exhibit 6.
Findings, Conchisions, and Decision
City of Edmonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034
page 6 of 11
24. Consistent with ECDC 23.90.040(A), no development will occur within a fish and
wildlife habitat conservation area or buffer in which state or federally endangered,
threatened, or sensitive species have a primary association. Perrinville Creek does not
support any listed aquatic species. Although the Puget Sound shoreline near the project
area provides potential forage fish spawning habitat (these are an important prey base for
listed species), the project will not affect this habitat. All of the work will be conducted
on the south side of the BNSF railroad tracks. In accordance with the requirements
Section 7(c) of the Endangered Species Act, the Applicant issued a letter of "no effect" to
the U.S. Army Corps of Engineers. Exhibit 6, page 42; Exhibit 7.
25. Consistent with ECDC 23.90.040(B), the alterations of Perrinville Creek will be timed to
occur during the WDFW-approved work window; an alternative location is not feasible
for the project; the activity will not degrade the functions and values of the fish habitat
and other critical areas; impacts will be mitigated in accordance with an approved critical
areas report; and shoreline erosion control measures will be designed to use
bioengineering methods or soft armoring techniques. Although gabion baskets will be
used along a 10-foot segment of the stream immediately upstream of the high -flow
bypass structure (which are not considered soft armoring), the hard structure is needed at
that location to allow future sediment deposits to be removed more easily. The final
design might include the addition of vegetation to the area, along the top of the baskets.
Elsewhere along the stream, bioengineering methods will be used to control erosion.
Exhibit 1, page H; Testimony of Mr. Fleming.
26. The City is seeking required permits from other agencies with jurisdiction over the
project, including the U.S. Army Corps of Engineers and the Washington Department of
Fish and Wildlife. These agencies will approve and monitor the erosion control activities.
Exhibit 16, page 1.
27. The City acted as lead agency for State Environmental Policy Act (SEPA) review of the
project, and issued a Mitigated Determination of Nonsignificance (MDNS) on June 1,
2010. The MDNS requires compliance with the City's critical areas regulations,
implementation of the mitigation measures identified in the Critical Areas Report and
Mitigation Plan, and compliance with the Hydraulic Project Approval issued by the
Washington State Department of Fish and Wildlife. Exhibit 12. The MDNS was not
appealed. Exhibit 1, page 3.
28. Notice of the open record hearing was mailed to property owners within 300 feet of the
site and posted on site, at the Civic Center, and at the library, and at the Public Safety
Building on June 1, 2010, and published in The Herald on May 25, 2010 and June 1,
2010. Exhibit 13.
CONCLUSIONS
Jurisdiction:
The Hearing Examiner has jurisdiction to hear and decide applications for shoreline substantial
development permits pursuant to ECDC 20.01,003 and 20.55.030.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034
page 7 of 11
Criteria for Review:
The criteria for review of an SSDP are set forth in Washington Administrative Code (WAC)
173-27-150. In order to approve the permit, the Hearing Examiner must find that the
development is consistent with:
A. The policies and procedures of the State of Washington Shoreline
Management Act;
B. The State of Washington shoreline regulations (WAC 173-27); and
C. The City of Edmonds Shoreline Master Program.
The City of Edmonds Shoreline Master Program contains goals, policies, and regulations that are
applicable to the proposed development. Pursuant to ECDC 23.10.040, the regulations are
mandatory, whereas the goals and polices "are intended to form the policy for shoreline uses,
developments, and activities, as the basis of the regulations ... and to assist the city in
determining whether to grant, modify and grant, or deny each proposed use, development, or
activity." ECDC 23.10.040. The applicable goals and policies are set forth in ECDC 23.10.060
and 23.10.085. The applicable regulations are set forth in ECDC 23.10.130, 23.10.175,
23.10.210, and 23.10.210. The applicable goals, policies, and regulations are printed in the Staff
Report (Exhibit 1) but will not be reproduced in this document due to the significant length of
the text.
Conclusions Based on Findings:
1. With conditions of approval, the application satisfies the criteria for approval of a
shoreline substantial development permit.
a. The development is consistent with the Shoreline Management Act (SMA). The
policy of the SMA, as set forth in RCW 90.58.020, is to "provide for the
management of the shorelines of the state by planning for and fostering all
reasonable and appropriate uses." This policy "contemplates protecting against
adverse effects to the public health, the land and its vegetation and wildlife, and
the waters of the state and their aquatic life, while protecting generally public
rights of navigation and corollary rights incidental thereto." RCW 90.58.020. The
proposed development is a reasonable and appropriate use for the shoreline, in
that it will reduce flooding of residential properties (an allowed use in the zone)
while improving wildlife habitat and fish access. The project includes measures to
prevent downstream water quality impacts during construction. Findings I-11,
15-17, 21-27.
b. With conditions, the development is consistent with WAC 173-27. The
regulations of the Department of Ecology contained in WAC 173-27 address the
procedures and permitting requirements applicable to the various types of
shoreline permits. This development is being reviewed under the criteria for
approval for shoreline substantial development permits set forth in WAC 173-27-
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034
page 8of11
150. Additional regulations applicable to shoreline substantial development are as
follows:
WAC 173-27-140 Review criteria for all development.
(1) No authorization to undertake use or development on shorelines of the
state shall be granted by the local government unless upon review the use
or development is determined to be consistent with the policy and
provisions of the Shoreline Management Act and the master program.
(2) No permit shall be issued for any new or expanded building or
structure of more than thirty-five feet above average grade level on
shorelines of the state that will obstruct the view of a substantial number
of residences on areas adjoining such shorelines except where a master
program does not prohibit the same and then only when overriding
considerations of the public interest will be served.
WAC 173-27-190 Permits for substantial development, conditional use, or
variance.
(1) Each permit for a substantial development, conditional use or variance,
issued by local government shall contain a provision that construction
pursuant to the permit shall not begin and is not authorized until twenty-
one days from the date of filing as defined in RCW 90.58.140(6) and
WAC 173-27-130, or until all review proceedings initiated within twenty-
one days from the date of such filing have been terminated; except as
provided in RCW 90.58.140 (5)(a) and (b).
The requirement of WAC 173-27-140(1) is addressed through the SSDP review
criteria. WAC 173-27-140(2) is satisfied because proposed improvements will be
constructed at or below existing grade or within the stream channel. No structures
will exceed 35 feet tall, and the trees planted as part of the mitigation plan will not
grow to more than 10 feet tall in order to preserve views. The requirement of
WAC 173-27-190 is addressed by ECDC 20.55.060 (no construction until 30 days
after decision). This limitation is incorporated into the conditions of approval.
Findings 4 and 6.
C. With conditions, the proposal is consistent with the goals, policies and regulations
of the City of Edmonds Shoreline Master Program. Consistent with ECDC
23.10.060 (shoreline use elements goals and policies), the use will not infringe
upon the rights of private ownership, will restore a shoreline area with degraded
ecological value, will protect critical areas consistent with the City's critical areas
regulations, will not degrade water quality, will rehabilitate a natural system (i.e.,
remove a barrier to fish passage), and is consistent with the priorities of providing
for shoreline -dependent uses and enhancing the shoreline natural system.
Findings S, 6, 7, 9, 12-25. Consistent with ECDC 23.10.085 (conservation
element goals and policies), the project will be managed to minimize adverse
impacts on aquatic and land plants and animals, and the project will result in
enhanced fish access and habitat. Findings S, 6, 7, 11, I5-17, 21, 23-25.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034
page 9 of 11
Consistent with ECDC 23.10.175 (use regulations for utilities, government
facilities, and transportation systems), the location of the proposed stormwater
improvements is reasonably necessary for the efficient operation of the utility (the
stormwater outfall that needs to be replaced, due to flooding, is within the
shoreline) and stormwater pipes will be installed underground. Findings 6 and 18.
Consistent with ECDC 23.10.210 (general regulations for land surface
modification), the project will not destroy unique or significant natural flora or
fauna. There is little native vegetation within the project area, and fish will be
prevented from entering the project area during construction. To the extent any
unique or significant natural flora or fauna is destroyed, the project is needed to
improve public safety and to improve a condition of the natural environment.
Also consistent with ECDC 23,10.210, the land modification is the minimum
needed to accomplish the purpose of the project, erosion control measures will be
implemented during construction, and work within the stream channel will be
limited to the WDFW-approved work window. Findings 1-7, 11, 15-25.
DECISION
Based on the preceding Findings and Conclusions, the request for a shoreline substantial
development permit to allow storm drainage and channel improvements within the Perrinville
Creek shoreline as called for in the Talbot Road — Perrinville Creek Drainage Improvement
Project is GRANTED, subject to the following conditions:
1. Pursuant to ECDC 20.55.060, "No construction authorized by an approved shoreline
permit may begin until 30 days after the final city decision on the proposal."
2. The mitigation measures identified in the April 2010 Critical Areas Report and
Mitigation Plan for the Talbot Road — Perrinville Creek Drainage Improvement prepared
by Herrera Environmental Consultants shall be implemented.
3. The applicant is responsible for obtaining and following the conditions of any applicable
permits/approvals from outside local, state, and/or federal agencies.
DECIDED this 15th day of July 2010.
Findings, Conclusions, and Decision
City of Edmonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034
Toweill Rice Taylor LLC
City of Edmonds Hearing Examiners
By:
LeAnna C. Toweill
page 10 of 11
RECONSIDERATION AND APPEAL
The following is a summary of the deadlines and procedures for filing requests for
reconsideration and appeals. Aqy person wishing to file or respond to a request for
reconsideration or an aippeal should consult the relevant ordinances and/or contact the Planning
Division of the Development Services Department for further procedural information.
REQUEST FOR RECONSIDERATION
Section 20.06.010 of the Edmonds Community Development Code (ECDC) contains the
procedures for requesting reconsideration of a Hearing Examiner decision. Requests for
reconsideration must be filed with the City Planning Director within 10 calendar days of the
Hearing Examiner's decision. The filing deadline is 4:30 p.m. on the last business day of the
reconsideration period. Only parties of record (i.e., the applicant, any person who testified at the
open record hearing on the application, any person who individually submitted written comments
on the application, or the City of Edmonds) may file a request for reconsideration. The grounds
for reconsideration are limited to errors of procedure, errors of law or fact, errors of judgment, or
the discovery of new evidence that was not known and could not in the exercise of reasonable
diligence have been discovered. Reconsideration requests must contain the information specified
in ECDC 20.06.010(D) and be accompanied by the required filing fee.
APPEALS
Pursuant to ECDC 20.01.002, appeals of a decision of the Hearing Examiner on a shoreline
substantial development permit application are to City Council in accordance with the
procedures set forth in ECDC 20.07. Only parties of record have standing to file an appeal.
Appeals must be filed within 14 days of decision issuance. Filing a request for reconsideration is
not a prerequisite to filing an appeal.
EFFECT OF REQUEST FOR RECONSIDERATION ON APPEAL DEADLINE
The timely filing of a request for reconsideration stays the Hearing Examiner's decision until
such time that the Hearing Examiner issues a decision on reconsideration. After the
reconsideration decision has been issued, the time period for appeal shall recommence and be the
same for all parties of record, regardless of whether a party filed a motion for reconsideration.
NOTICE TO COUNTY ASSESSOR
The property owner may, as a result of the decision rendered by the Hearing Examiner, request a
change in the valuation of the property by the Snohomish County Assessors Office.
Findings, Conclusions, and Decision
City of Edinonds Hearing Examiner
Talbot Road Project SSDP, No. PLN20100034 page 11 of 11
CITY OF EDMONDS
GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH • Edmonds, WA 98020 ^ (425) 771-0220 ^ FAX (425) 771-0221
HEARING EXAMINER
lnc.18)\3
In the Matter of the Application of )
City of Edmonds )
Public Works Department )
For a Shoreline Substantial Development Permit. )
NO. PLN20100034
DECLARATION OF SERVICE
DECLARATION
I, LeAnna C. Toweill, the undersigned, do hereby declare:
1. That I am a partner in the firm of Toweill Rice Taylor LLC, which maintains a
professional services agreement with the City of Edmonds, Washington for the provision
of Hearing Examiner services, and make this declaration in that capacity;
2. That I am now and at all times herein mentioned have been a citizen of the United States,
a resident of the State of Idaho, over the age of eighteen (18), and competent to be a
witness and make service herein;
3. That on July 16, 2010, I did serve a copy of the decision in case PLN20100034 upon the
following individuals via U.S. first class mail:
1. City of Edmonds Public Works Dept.
Attn: Jerry Shuster
121 — 5th Avenue North
Edmonds, WA 98020
2. City of Edmonds Development Services Dept.
Attn: Diane Cunningham
121 - 5th Avenue North
Edmonds, WA 98020
3. Edmonds City Council
121-5 th Avenue North — 1st Floor
Edmonds, WA 98020
4. Alvin Rutledge
7101 Lake Ballinger Way
Edmonds, WA 98026
5. Arthur Fleming
611 Bell Street
Edmonds, WA 98020
• Incorporated August 11, 1890 0
I hereby declare under penalty of perjury under the laws of the State of Idaho that the foregoing
is true and correct:
DATED THIS day of July, 2010 at Boise, Idaho.
a
LeAnna C. Tower 1
Toweill Rice Taylor LLC
Serving as Hearing Examiner for Edmonds, Washington