PLN2021-0003 staff decision and attachmentsTo: Jennifer Wells
From:
CITY OF EDMONDS
121 - 5TH AVENUE NORTH, EDMONDS, WA 98020
ADMINISTRATIVE CONDITIONAL USE PERMIT
FINDINGS, CONCLUSIONS AND DECISION
Mike Clugston, AICP
Senior Planner
Date: March 11, 2021
File: PLN2021-0003
I. INTRODUCTION
The proposal is to remove one 12" Black pine tree from a steep slope adjacent to the
driveway at 17020 74th Ave. W. Since critical areas are present and the proposed removal
is not otherwise exempt, a tree cutting permit is required for the proposed work. As
described below, the removal of the Black pine is approved with conditions.
This application is vested to the tree code in effect through March 2, 2021 (Attachment 5),
at which point the new tree code was adopted in Ordinance 4218.
A. Application
1. Applicant / Property Owner: Jennifer Wells, Washington Tree Experts / Dieter and
Debora Schmidt
2. Site Location: 17020 741h Ave. W (Parcel # 00513100012215)
3. Request: A conditional use permit to allow the removal of a tree from a critical
area
4. Review Process: An administrative conditional use permit is a Type II -A permit.
Following a public comment period, the Director (or designee) makes an
administrative decision.
5. Compliance with:
a. Edmonds Community Development Code (ECDC) Chapter 18.45 — Land Clearing
and Tree Cutting
b. ECDC Chapter 20.01—Types of Development Project Permits
Schmidt Tree Permit
File No. PLN2021-0003
Page 2 of 6
c. ECDC Chapter 20.02 — Development Project Permit Applications
d. ECDC Chapter 20.03 — Public Notice Requirements
e. ECDC Chapter 20.06 — Open Record Public Hearings (Notice of Final Decision)
f. ECDC Chapters 23.40 and 23.80 — Environmentally Critical Areas - General
Provisions and Geologically Hazardous Areas
B. Permit Processing and Public Notice
The subject application was submitted on January 21, 2021 and determined to be
complete on February 16, 2021. Public notice of the project was provided on February
22, 2021 in accordance with ECDC 20.03 (Attachment 4). No public comments were
received.
II. FINDINGS OF FACT AND CONCLUSIONS
A. Edmonds Community Development Code (ECDC) Compliance
1. ECDC Chapter 18.45 (Land Clearing and Tree Cutting)
a. Facts:
1) "Tree" shall mean any living woody plant characterized by one main stem
or trunk and many branches and having a caliper of six inches or greater or
a multi -stemmed trunk system with a definitely formed crown. (ECDC
18.45.040.Q)
2) "Clearing" means the act of cutting and/or removing vegetation. This
definition shall include grubbing vegetation. (ECDC 18.45.040.C)
3) According to ECDC 18.45.030, a permit is not required for clearing if the
circumstances identified in 030(A) through 030(F) apply.
4) There are critical areas on or adjacent to the subject site. A critical area
checklist was completed for the site (CRA2016-0007) which identified steep
slopes on and adjacent to the site.
5) The subject tree is located on a short steep slope east of the driveway to
the site and which a grade in excess of 50% (Attachment 2).
b. Conclusions:
1) The exemptions in ECDC 18.45.030 do not apply in this case because the
subject tree is located in a critical area where the slope is in excess of 25%.
As a result, a permit for tree cutting is required.
2) The Applicant applied for a tree cutting permit on January 21, 2021.
2. ECDC Chapters 23.40 and 23.80 (Environmentally Critical Areas)
a. Facts:
Schmidt Tree Permit
File No. PLN2021-0003
Page 3 of 6
1) The critical areas code applies as an overlay and is in addition to zoning,
site development, building, and other regulations adopted by the City of
Edmonds.
2) Through CRA2016-0007, steep slopes on and adjacent to the parcel were
identified in accordance with ECDC 23.80.020.
3) The subject tree is located on a short steep slope with a grade in excess of
50%.
4) According to ECDC 23.40.320, for the purposes of the critical areas code:
"Alteration" means any human -induced action which changes the
existing condition of a critical area or its buffer. Alterations include, but
are not limited to: grading; filling; dredging; draining; channelizing;
cutting, pruning, limbing or topping, clearing, relocating or removing
vegetation; applying herbicides or pesticides or any hazardous or toxic
substance; discharging pollutants; paving, construction, application of
gravel; modifying for surface water management purposes; or any
other human activity that changes the existing landforms, vegetation,
hydrology, wildlife or wildlife habitat value of critical areas.
5) Select vegetation such as invasive species or hazardous trees may be
altered or removed as an allowed activity without a permit pursuant to
ECDC 23.40.220.C.8.
6) As defined in ECDC 23.40.005, "normal maintenance of vegetation" means
"removal of shrubs/nonwoody vegetation and trees (less than four -inch
diameter at breast height) that occurs at least every other year.
Maintenance also may include tree topping that has been previously
approved by the city in the past five years." Normal maintenance of
vegetation is an activity exempt from the critical area regulations per ECDC
23.40.230.C.2.
7) As described in the arborist's report (Attachment 2), the Black pine is 12"
diameter at standard height and has been topped repeatedly in the past. It
is not a high hazard tree but it is a moderate hazard and leaning over the
driveway. The tree and cut debris will be removed but the stump will
remain to provide soil stabilization. Two Leyland cypress trees are
proposed as replacement.
b. Conclusions:
1) Removing non -hazardous trees within a critical area is an alteration which
requires a permit.
2) The review criteria of ECDC 23.40.160 are satisfied by the subject permit
and conditions as follows:
Schmidt Tree Permit
File No. PLN2021-0003
Page 4 of 6
a) The proposal minimizes the impact on critical areas in accordance with
ECDC 23.40.120, Mitigation sequencing,
The small slope between two retaining walls is stable. The Black pine
stump and roots will remain to provide soil stabilization in that area.
b) The proposal does not pose an unreasonable threat to the public health,
safety, or welfare on or off the development proposal site,
Following the arborist report will ensure that the proposed work does
not pose an unreasonable threat to the public health, safety, or welfare
on or off the development proposal site.
c) The proposal is consistent with the general purposes of this title and the
public interest;
The proposed tree work is consistent with the Purposes identified in
ECDC 23.40.000 where the goal is to balance preservation and
protection of critical areas while allowing for reasonable use of private
property.
d) Any alterations permitted to the critical area are mitigated in
accordance with ECDC 23.40.110, Mitigation requirements;
The installation of the proposed replacement vegetation provides
mitigation for the tree that is to be removed.
e) The proposal protects the critical area functions and values consistent
with the best available science and results in no net loss of critical area
functions and values; and
The tree work will not result in a net loss of critical area functions and
values. Slope stability will be maintained by leaving the stump and
replanting vegetation.
f) The proposal is consistent with other applicable regulations and
standards.
The proposal is consistent with both the tree code of ECDC 18.45 and
the critical areas code of ECDC 23.40 and 23.80.
D. Technical Committee
The proposal has also been evaluated by the Engineering Division, who suggested
several conditions which have been added to the decision (Attachment 3).
III. DECISION
Based on Findings of Fact, Conclusions, and Attachments in this report, a land clearing
permit for tree cutting and removal at 17020 741h Ave. W is GRANTED, subject to the
following conditions:
Schmidt Tree Permit
File No. PLN2021-0003
Page 5 of 6
The proposed work must be performed as described in the arborist report
(Attachment 2).
2. Trees must be fell onto private property.
Vehicles and equipment must be located on private property. Should it be necessary
to use any portion of the City of Edmonds right-of-way, including the street or
sidewalk, to perform any of this work then the contractor must apply for and obtain a
right-of-way construction permit in advance of starting work. A traffic control plan
will be required as part of the right-of-way permit application.
4. Contractor/owner/applicant is responsible for keeping all debris on site and
preventing any silt laden runoff from leaving the site and/or entering the city storm
system.
5. Contractor/owner/applicant must repair/replace any damaged sections of
curb/gutter, sidewalk or other public improvements in City right-of-way per City
standards that is caused by or occurs during the permitted project.
6. Contractor/owner/applicant is responsible for locating all on -site utilities. The water
utility purveyor for this site is the City of Edmonds. Relocation/revision/repair to any
utilities may require separate permit.
7. New trees may not be planted within sewer easement AFN 2114720 along the
southern property line.
8. Following replanting, submit photos of the installed vegetation.
IV. APPEAL
A party of record may submit a written appeal of a Type II decision within 14 days of the
date of issuance of the decision. The appeal will be heard at an open record public
hearing before the Hearing Examiner according to the requirements of ECDC Chapter
20.06 and Section 20.07.004.
V. LAPSE OF APPROVAL
Section 18.45.045.C. states "Any permit granted under the provisions of this section shall
expire one year from the date of issuance. No work may commence on the permit until
the appeal time limit has expired. Upon receipt of a written request, a permit may be
extended for six months."
VI. ATTACHMENTS
1. Land use application
2. Arborist report
Schmidt Tree Permit
File No. PLN2021-0003
Page 6 of 6
3. Engineering Division comments
4. Letter of complete application and public notice materials
5. Chapter 18.45 ECDC (Land Clearing and Tree Cutting)
VII. PARTIES OF RECORD
Jennifer Wells
Washington Tree Experts
9792 Edmonds Way #123
Edmonds, WA 98020
City of Edmonds
City of Edmonds RECEIV D
Jan 22 202
OF
Land Use Application DE EILO MENDT SOERDVIS ES
DEPARTMENT
❑ ARCHITECTURAL DESIGN REVIEW
❑ COMPREHENSIVE PLAN AMENDMENT
❑ CONDMONAL USE PERMIT E # PLN2 0 21- 0
0 0 3 ZONE
❑ HOME OCCUPATION DATE 01/22/20
1 REC'DBY M.Martin
❑ FORMAL SUBDIVISION l l
❑ . SHORT SUBDIVISION FEE
RECEIPT #
❑ LOT LINE ADJUSTMENT HEARING DATE
❑ PLANNED RESIDENTIAL DEVELOPMENT
❑ OFFICIAL STREET MAP AMENDMENT D HE ❑ STAFF
❑ PB ❑ ADB CC
❑ STREET VACATION
❑ REZONE
❑ SHORELINE PERMIT
❑ VARIANCE / REASONABLE USE EXCEPTION
6d OTHER: Tree removal
• PLEASE NOTE THAT ALL INFORMATION CONTAINED ti'ITIMVV THE AP
PLICATIONIS A PUBLIC RECORD •
PROPERTY ADDRESS OR LOCATION 17020 74th Ave W
PROJECT NAME (IF APPLICABLE)
PROPERTY OWNER Dieter and Debora Schmidt PHONE # d
125-894-7114
ADDRESS 17020 74th Ave W Edmonds, WA 98026
E-mA dietdebb@msn.com FAX#
TAXACCOUNT# 00513100012215 SEC.
TWP. RNG.
DESCRIPTION OF PROJECT OR PROPOSED WE (ATTACH COVER LETTER AS NI
CESSARY)
Removal omamental and previously toppedlleaning pine tree
DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER L
R AS NECESSARY)
APPLICANT Washington Tree Experts PHONE#
5-771-4430
ADDRESS
E-MAIL F
#
CONTACT PERSON/AGENT Jennifer Wells p
ONE # 425-771-4430
ADDRESS 9792 Edmonds Way #123 Edmonds, WA 98020
E-MAIL wtetree@yahoo.com F
#
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on
the processing of the application agrees to
release, indemnify, defend and hold the City of Edmonds harmless from any and
damages, including reasonable attorney's
fees, arising from any action or infraction based in whole or part upon false, misl
ding, inaccurate or incomplete information
furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are i
rue and correct to the best of my knowledge
and that I am authorized to file this application on the behalf of the owner as listed
low.
SIGNATURE OF APPLICANT/AGENT
DATE
Property Owner's Authorization
I, D(ET&-t� AV D n SCMn I OT,"cerlify under the perall
y of pedury under the laws of the State of
Washington that the following is a true and correct statemen I have authorized
the above Applicant/Agent to apply for the
subject land use application, and grant my permission for th pu 'c cials and
a staff of the City of Edmonds to enter the
subject property for the p s s of ' pection an osting att s applica
•
on.
)z
SIGNATURE OF OWNER
DATE Z I
Questions? Cal1(415\)1J1 0220.
Revised on &22/12
B - Land Use Application
Page I of I
Attachment 1
PLN2021-0003
Schmidt (Edmonds)
January 19, 2021
Page 1 of 5
To:
Client name
Street:
City, Zip:
Dear Mr. Clugston,
RECEIVED
Washington Tree Experts
9792 Edmonds Way #123
Edmonds, WA 98020
206-362-3380
wtetree@yahoo.com
Michael Clugston, Senior Planner City of Edmonds
Dieter and Debbie Schmidt
17020 74th Ave W.
Edmonds, WA 98026
Black pine (Pinus nigra) = 12" diameter at standard height
Jan 22 2021
CITY OF EDMONDS
DEVELOPMENT SERVICES
DEPARTMENT
This letter accompanies the application to remove a pine tree located adjacent to the driveway
and perched between two retaining walls (see attached photos). The tree has been topped
several times in the past and it leans over the parking area of the driveway. The pine is
approximately 25' tall with a spread of approximately 18'.
Conditions of concern:
Previously topped trees have a higher rate of failure as the newly formed tops are poorly
attached and there is likely decay. These structural defects are creating higher risk. The overall
risk is moderate with a significant consequence of failure.
Descriptions of Work:
Tree and debris will be removed. There is no location for the debris to remain as the area is
mostly hardscape. The stump and roots will be left and will provide some continuing soil
stabilization.
The client has requested to install 2 Leyland cypress trees in the vicinity of the pine to fulfill the
replacement requirement. The new trees will also help with slope stabilization.
Washington Tree Experts Certified Arborist
Attachment 2
PLN2021-0003
Schmidt (Edmonds)
January 19, 2021
Page 2 of 5
We use methods from the International Society of Arboriculture (ISA) for tree risk assessment
while looking at the overall health of the trees and site conditions.
In examining each tree, we look at such factors as:
-size
-vigor
-root health
-crown health
-deadwood and hanging branches
-pest and disease
While no one can predict with absolute certainty if a tree will or will not fail, we can, by using
scientific process assess which of the trees is most likely to fail and take appropriate action.
Prepared by
Jennifer Wells
Certified Arborist #PN6209A
ISA Qualified Tree Risk Assessor
Waiver of Liability
This information represents the tree health assessment at this point in time. My findings do not guarantee future safety nor are
they predictions of future events. Information contained in this report covers only those items that were examined and reflects
the condition of those items at the time of inspection. The inspection is limited to visual examination of accessible items without
dissection, excavation, probing, or coring. Our fee is in no way contingent upon a result or occurrence of a subsequent even, or
upon any finding to be reported.
Texts
M. Dirr-Manual of Woody Landscapes
R. Harris, J. Clark, N. Matheny-Arboriculture Third Edition 1999
ISA Tree Risk Assessment Handbook
ISA Trees Are Good pamphlet series
Attachments
Site maps
Photos
Application
Washington Tree Experts Certified Arborist
Attachment 2
PLN2021-0003
Schmidt (Edmonds)
January 19, 2021
Page 3 of 5
Site map (not to
t N
k = approximate location of pine for removal
Washington Tree Experts Certified Arborist
Attachment 2
PLN2021-0003
Schmidt (Edmonds)
January 19, 2021
Page 4 of 5
Site map (not to scale for illustration purposes)
0 = pine tree removal
= 2 replacement Leyland cypress trees
City of Edmonds GIs Map
A��;
X 4
p1
�, - . -
Washington Tree Experts Certified Arborist
Attachment 2
PLN2021-0003
af
40.
iL
Date:
To:
From:
Subject:
MEMORANDUM
February 9, 2021
Michael Clugston, Senior Planner
Natalie Griggs, Engineering Technician
PLN2021-0003 — Tree Removal
Schmidt Property —17020 74t" Ave W
The comments provided below are based upon review of the application and documents
Engineering has reviewed the subject application and found the information provided is
consistent with Title 18 Edmonds Community Development Code & Engineering standards.
Compliance with Engineering codes and construction standards will be reviewed with any
future building permit application, if any, for development on the site.
TREE REMOVAL
1) Trees shall be fell onto private property.
2) Vehicles and equipment shall be located on private property. Should it be necessary to
utilize any portion of the City right-of-way, including the street or sidewalk, to
perform any of this work then the contractor shall apply for and obtain a right-of-way
construction permit in advance of starting work. A traffic control plan will be required
as part of the right-of-way permit application.
3) Contractor/owner is responsible for keeping all debris on site and preventing any silt
laden runoff from leaving the site and/or entering the city storm system.
4) Contractor/owner shall repair/replace any damaged sections of curb/gutter, sidewalk
or other public improvements in City right-of-way per City standards that is caused by
or occurs during the permitted project.
5) Contractor/owner is responsible for locating all on -site utilities and any utilities on
neighboring properties that could be impacted by the tree removal.
Relocation/revision/repair to any utilities may require separate permit.
6) New trees shall not be planted within sewer easement AFN 2114720 along southern
property line.
Thank you.
City of Edmonds
Atttachment 3
PLN2021-0003
CITY OF EDMONDS
121 5th Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.edmondswa.gov
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
`ne. I STJ
February 16, 2021
Jennifer Wells
Washington Tree Experts
9792 Edmonds Way #123
Edmonds, WA 98020
Subject: Letter of Completeness — Schmidt Tree (PLN2021-0003)
Dear Jennifer,
I have reviewed the application for a tree cutting permit at 17020 74th Ave. W for completeness
pursuant to Section 20.02.002 of the Edmonds Community Development Code (ECDC). It has
been determined that the application meets the procedural submission requirements and
therefore is complete. Please accept this letter as the City's notice to the applicant of the
determination of completeness pursuant to ECDC 20.02.003. While the application is
procedurally complete, additional information and clarification may be needed as review of the
application continues.
Since the application has been determined to be complete, a notice of application and request
for public comment will be posted on the subject property and mailed to adjacent property
owners within the next two weeks consistent with ECDC 20.03.002.
If you have any questions, please contact me at 425-771-0220 or via email at
michael.clugston@edmondswa.gov.
Sincerely,
c,
Mike Clugston, AICP
Senior Planner
Attachment 4
PLN2021-0003
`f1c. 189.,
PROJECT DESCRIPTION
PROJECT LOCATION
NAME OF APPLICANT:
FILE NO.:
DATE OF APPLICATION:
DATE OF COMPLETENESS
DATE OF NOTICE:
REQUESTED PERMITS:
OTHER REQUIRED
PERMITS:
REQUIRED STUDIES
CITY OF EDMONDS
NOTICE OF APPLICATION and
REQUEST FOR PUBLIC COMMENT
The proposal is to remove one Black pine tree (12" dbh) from a steep slope east of the
house on the subject lot. Removal of the tree is not otherwise exempted through ECDC
18.45 and ECDC 23.40 so a tree cutting permit is required.
17020 74`h Ave. W (Tax ID #: 00513100012215)
Jennifer Wells (for Dieter and Deborah Schmidt Residential Trust)
P LN 2021-0003
January 21, 2021
February 16, 2021
February 22, 2021
Conditional use permit (Type II -A staff decision)
None
None at this time
EXISTING ENVIRONMENTAL
DOCUMENTS: Critical area checklist
COMMENTS ON
PROPOSAL DUE: March 8, 2021
Any person has the right to comment on this application during public comment period, receive notice and
participate in any hearings, and request a copy of the decision on the application. The City may accept public
comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open
record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined
in ECDC 20.06.020 have standing to initiate an administrative appeal.
Information on this development application can be obtained online at http://edmondswa.gov/public-notices-
text/development-notices.html under the development notice for application number PLN2021-0003, by emailing
the City contact listed below, or by calling the City of Edmonds at 425-771-0220. Please refer to the application
number for all inquiries.
CITY CONTACT: Mike Clugston, AICP, Senior Planner
michael.clugston@edmondswa.gov
425-771-0220
Attachment 4
PLN2021-0003
iod City of Edmonds
Tree Removal at 17020 74th Ave. W
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Attachment 4
PLN2021-0003
00513100012307 00513100012302 00513100012209
ARRIGONI-ARMSTRONG EVELYN ASTROF KENNETH & DIANNE BOLIN EUGENE N JR & REBECCA V
1221 142ND COURT SE 7311 172ND ST SW 7517 172ND ST SW
MILL CREEK WA 98012 EDMONDS WA 98026 EDMONDS WA 98026-5123
00741500001000
BOYCE MARK R & MARY A
17006 73RD PL W
EDMONDS WA 98026-5114
00513100012211
COLLIER KRISTI & LIEBL ANDREW
3506 183RD DR NE
SNOHOMISH WA 98290
00513100012223
FLOWERS JEFFREY L & IRENE A
17039 76TH AVE W
EDMONDS WA 98026
00765800000100
HAAKENSON GARY & DOLLY
PO BOX 1027
EDMONDS WA 98020-1027
00513100012210
BRINDLE JAMES A & KATHY L
3840 SEA OAKS CIR
DAVENPORT IA52807
00513100012301
FAWCETT JOHN
2524 COLBY AVE
EVERETT WA 98201
00741500000900
FREELAND JAMES F FAMILY TRUST
17000 73RD PL W
EDMONDS WA 98026-5114
00513100012110
HENAO NESTOR E & DIANE W
16931 76TH AVE W
EDMONDS WA 98020
00513100012208 00513100012220
KUROSAKA MISTURU & KUMIKO TRUST MEDINA-OVERLAKE 2 LLC
7529 172ND ST SW PO BOX 4206
EDMONDS WA 98026-5123 BELLEVUE WA 98009
00513100012218 00513100012214
PARK KYUNG H RADUNZ DIANE & GRAIBUS RICHARD B
17105 76TH AVE W 17010 74TH AVE W
EDMONDS WA 98026-5005 EDMONDS WA 98026-5104
00513100012213
00513100012225
SERWOLD JOAN I
STRAND GREGORY D & KATHERINE E
17009 76TH AVE W
17035 76TH AVE W
EDMONDS WA 98026
EDMONDS WA 98026
00513100012204 00741500000800
SYSTAD DUANE V & MAUDI R TALLMAN DALE F & TINA D
17006 74TH AVE W 16928 73RD PL W
EDMONDS WA 98026 EDMONDS WA 98026-5113
00513100012206 00741500001200
THOMPSON BRIAN & TRACY VLCEK WILLIAM S & NANCY L
17016 74TH AVE W 17018 73RD PL W
EDMONDS WA 98026-5104 EDMONDS WA 98026
00513100012217
CHISLETT MICHAEL V & JENNIFER R
17103 76TH AVE W
EDMONDS WA 98026-5005
00765800000200
FENNING WALTER & CAROLYN
7420 169TH PL SW
EDMONDS WA 98020
00513100012304
GRANT JESS
7321 172ND ST SW
EDMONDS WA 98026
00513100012111
KLEIN ALLYSON
2815 NE 15TH
PORTLAND OR 97212
00513100012222
NOORBAKHSH KAVEH & RAIBANI
NILGOUN
7527 172ND ST SW
EDMONDS WA 98026-5123
00513100012215
SCHMIDT DIETER EDMONDS
RESIDENTIAL TRUST
17020 74TH AVE W
EDMONDS WA 98026-5104
00741500001300
SWARTWOUT RICHARD M & CYNTHIA K
17020 73RD PL W
EDMONDS WA 98026-5114
00513100012112
TAYLOR GRETCHEN HC & EDWARD S
16921 76TH AVE W
EDMONDS WA 98026-5003
00513100012202
WACKERBARTH DENNIS / HOUSER
CHERYL
7521 172ND ST SW
EDMONDS WA 98026-5123
Attachm
PLN2021-
File No.: PLN2021-0003
Applicant: Jennifer Wells (Dieter and Deborah Schmidt Residential Trust,
Notice of Application and Request for Public Comment
DECLARATION OF MAILING
On the 22na day of February, 2021 the attached Notice of application and
virtual public hearing as prescribed by Ordinance to property owners within 300
feet of the site that is the subject of this application.
I, Michelle Martin, hereby declare under penalty of perjury under the laws of the
State of Washington that the foregoing is true and correct this 22na day of
February, 2021 at Edmonds, Washington.
Signed:
Attachment 4
PLN2021-0003
FILE NO.: PLN2021-0003
Applicant: Jennifer Wells (rep. Schmidt)
DECLARATION OF POSTING
On the 22nd day of February, 2021, the attached Notice of Application and
Request for Comment was posted at the subject property, City Hall, and Public
Safety buildings. It was not posted at the Edmonds Public Library because it is
still closed due to the COVID-19 pandemic.
I, Michael Clugston, hereby declare under penalty of perjury under the laws of
the State of Washington that the foregoing is true and correct this 22nd day of
February, 2021, at Edmonds, Washington.
Signed:
{6PP747893.DOC;1\00006.900000\ }
Attachment 4
PLN2021-0003
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Dicy Sheppard being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH920361 PLN2021-0003 as it
was published in the regular and entire issue of
said paper and not as a supplement form thereof
for a period of l issue(s), such publication
commencing on 02/22/2021 and ending on
02/22/2021 and that said newspaper was
regularly distributed to its subscribers during all
of said period.
The amount of the fee for such publi ation is
$60.20.
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Subscribed and sworn befo me on this
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Notary Public in and for the State of
Washington.
City or Edmond+- LEGAL ADS 114101416
MICHELLR MARTIN
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Attachment 4.
PLN2021-0003
Classified Proof
CITY OF EDMONDS
NOTICE OF APPLICATION and
REQUEST FOR PUBLIC COMMENT
PROJECT DESCRIPTION: The proposal is to remove one Black
pine tree (12" dbh) from a steep slope east of the house on the
subject lot. Removal of the tree is not othemise exempted
through ECDC 18,45 and ECDC 23.40 so a tree culling permit is
required.
PROJECT LOCATION: 17020 74th Ave. W (Tax ID #:
00513100012215)
NAME OF APPLICANT: Jennifer Wells (for Dieter and
Deborah -Schmid esidential Trust)
FILE NO.: PLuary N2021-0003
DATE OF APPLICATION: Jai21, 202
DATE OF COMPLETENESS: February 16, 2021
DATE OF NOTICE: February 22, 2021
REQUESTED PERMITS: Conditional use permit (Type II -A
staff decision)
OTHER REQUIRED
PERMITS: None.
REQUIRED STUDIES: None at this time
EXISTING ENVIRONMENTAL
DOCUMENTS: Critical area checklist
COMMENTS ON
PROPOSAL DUE: March 8. 2021
Any person has the right to comment on this application during
public comment period, receive notice and participate In any
hearings, and request a copy of the decision on the application.
The City may accept public comments at any time prior to the
closing of the record of an open record predecision hearing, if any,
or, If no open record predecision hearing is provided, prior to the
decision on the project permit. Only parties of record as defined in
ECDC 20.06.020 have standing to initiate an administrative appeal.
Information on this development application can be obtained online
at http:lledmondswa.gov/public-notices-texVdevelopment-
notices.html under the development notice for application number
PLN2021-0003, by smelling the City contact listed below, or by
calling the City of Edmonds at 425-771-0220. Please refer to the
application number for all inquiries.
CITY CONTACT: Mike Clugston, AICP, Senior Planner
ffgchapi.clugston@edmondswa.gov
425-771-0220
Published: February 22, 2021. EDH920361
Proofed by Sheppard, Dicy, 02/22/2021 09:55:42 am Page: 2
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Chapter 18.45
LAND CLEARING AND TREE CUTTING CODE
Sections:
18.45.000 Purposes.
18.45.010 Administering authority.
18.45.020 Permits.
18.45.030 Exemptions.
18.45.035 Procedural exemption.
18.45.040 Definitions.
18.45.045 Application requirements.
18.45.050 Performance standards for land development permits.
18.45.055 Notice.
18.45.060 Appeals.
18.45.065 Bonding.
18.45.070 Violations and penalties.
18.45.075 Public and private redress.
18.45.080 Additional remedies authorized.
18.45.000 Purposes.
This chapter provides regulations for the clearing of and the protection and preservation of trees and associated
significant vegetation for the following purposes:
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;
B. To implement the policies of the State Environmental Policy Act of 1971 as revised in 1984;
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C. To implement and further the goals and policies of the city's comprehensive plan in regard to the environment,
open space, wildlife habitat, vegetation, resources, surface drainage, watershed, and economics;
D. To ensure prompt development, restoration and replanting and effective erosion control of property during and
after land clearing;
E. To promote land development practices that result in a minimal adverse disturbance to existing vegetation
and soils within the city;
F. To minimize surface water and ground water runoff and diversion;
G. To aid in the stabilization of soil, and to minimize erosion and sedimentation;
H. To minimize the need for additional storm drainage facilities caused by the destabilization of soils;
I. To retain clusters of trees for the abatement of noise and for wind protection;
J. To acknowledge that trees and ground cover reduce air pollution by producing pure oxygen from carbon
dioxide;
K. To preserve and enhance wildlife and habitat including streams, riparian corridors, wetlands and groves of
trees;
L. 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;
M. To promote the reasonable improvement and development of land in the city of Edmonds. [Ord. 3646 § 1,
2007].
18.45.010 Administering authority.
The city's planning division manager or his/her duly authorized representative is hereby authorized and directed
to enforce all the provisions of this chapter. [Ord. 3646 § 1, 2007].
18.45.020 Permits.
No person shall engage in or cause any land to be cleared without first obtaining a land clearing permit from the
planning division manager or his/her designee. [Ord. 3646 § 1, 2007].
18.45.030 Exemptions.
The following shall be exempt from the provisions of this chapter:
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A. Clearing on an improved single-family lot or clearing on a partially improved single-family lot, which is capable
of being divided into one additional lot, except for:
1. That portion of the lot that is located in a designated environmentally sensitive area;
2. That portion of the lot that is located within 25 feet of any stream or wetland;
3. That portion of the lot that has slopes exceeding 25 percent;
B. Unimproved lots which are not capable of being further subdivided, except for:
1. That portion of the lot that is located in a designated environmentally sensitive area;
2. That portion of the lot that is located within 25 feet of any stream or wetland;
3. That portion of the lot that has slopes exceeding 25 percent;
C. Routine landscape maintenance and gardening;
D. Removal of trees and/or ground cover by the public works department, parks department, fire department
and/or public or private utility in situations involving danger to life or property, substantial fire hazards, or
interruption of services provided by a utility;
E. Installation and maintenance of public utilities, after approval of the route by the planning division manager or
his or her designee, except in parks or environmentally sensitive areas;
F. Emergency situations on private property involving danger to life or property or substantial fire hazards. [Ord.
3646 § 1, 2007; Ord. 3507 § 1, 2004].
18.45.035 Procedural exemption.
Projects requiring the approval of the Edmonds architectural design board ("ADB") under the provisions of
Chapter 20.10 ECDC shall be exempt from the application and procedural requirements of this chapter; provided,
however, that:
A. Clearing on such projects shall take place only after ADB approval and shall be in accordance with such
approval. Violations shall be subject to the remedies prescribed by this chapter. See ECDC 18.45.070.
B. ADB review of clearing proposals shall be consistent with and apply to the standards established by this
chapter. [Ord. 3646 § 1, 2007; Ord. 3507 § 2, 2004].
18.45.040 Definitions.
A. "Caliper" shall mean the diameter of any tree trunk as measured at a height of four feet above the ground on
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the upslope side of the tree.
B. "Creek" means those areas where surface waters flow sufficiently to produce a defined channel or bed. A
defined channel or bed is indicated by hydraulically sorted sediments or the removal of vegetative litter or
loosely rooted vegetation by the action of moving water. The channel or bed need not contain water year-round.
This definition is not meant to include storm water runoff devices or other entirely artificial watercourses unless
they are used to store and/or convey pass -through stream flows naturally occurring prior to construction.
C. "Clearing" means the act of cutting and/or removing vegetation. This definition shall include grubbing
vegetation.
D. "Clearing permit" means the written approval of the city of Edmonds planning division manager or his or her
designee to proceed with the act of clearing property within the city limits of Edmonds.
E. "Improved lot" shall mean a lot or parcel of land upon which a structure(s) is located, which cannot be more
intensively developed or improved pursuant to the city zoning code, and which cannot be further subdivided
pursuant to city subdivision regulations.
F. "Drip line" of a tree shall be described by a line projected to the ground delineating the outermost extent of
foliage in all directions.
G. "Grubbing" means the act of removing vegetation by the roots.
H. "Ground cover" shall mean a dense covering of small plants such as salal, ivy, ferns, mosses, grasses, or
other types of vegetation which normally cover the ground.
I. "Land development permit" means a preliminary or final plat for a single-family residential development; a
building permit; site plan; preliminary or final planned unit development plan.
J. "Lakes" are natural or artificial bodies of water of two or more acres and/or where the deepest part of the
basin at low water exceeds two meters (6.6 feet). Artificial bodies of water with a recirculation system approved
by the public works department are not included in this definition.
K. "Mechanical equipment" shall include all motorized equipment used for earth moving, trenching, excavation,
gardening, landscaping, and general property maintenance exceeding 12 horsepower in size.
L. "Native growth protection easement" is a restrictive area where all native, predevelopment vegetation shall not
be disturbed or removed except for removal pursuant to an enhancement program approved pursuant to this
chapter or to remove dead or diseased vegetation. The purpose of an easement is to protect steep slopes,
slopes with erosion potential, landslide and seismic hazards, creeks, wetlands and/or riparian corridors, wildlife,
and areas shown on the environmentally sensitive areas map. This easement shall be defined during the
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development review process and shown on the recorded plat or short plat or approved site plan.
M. "Partially improved lot" shall mean a lot or parcel of land upon which a structure (refer to ECDC 21.90.150) is
located and which is of sufficient area so as to be capable of accommodating additional development or
improvement pursuant to the Edmonds zoning code; or which may be subdivided in accordance with the city of
Edmonds subdivision chapter.
N. "Person" shall mean any person, individual, public or private corporation, firm, association, joint venture,
partnership, owner, lessee, tenant, or any other entity whatsoever or any combination of such, jointly or
severally.
O. "Removal" is actual destruction or causing the effective destruction through damaging, poisoning or other
direct or indirect actions resulting in the death of a tree or ground cover.
P. "Routine landscape maintenance" shall mean tree trimming and ground cover management which is
undertaken by a person in connection with the normal maintenance and repair of property.
Q. "Tree" shall mean any living woody plant characterized by one main stem or trunk and many branches and
having a caliper of six inches or greater, or a multi -stemmed trunk system with a definitely formed crown.
R. "Unimproved lot" shall mean a platted lot or parcel of land upon which no structure (refer to ECDC 21.90.150)
exists.
S. "Wetlands" are those areas that are inundated or saturated by surface or ground water at a frequency and
duration sufficient to support and that under normal circumstances do support, a prevalence of vegetation
typically adapted to life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and
similar areas. [Ord. 3646 § 1, 2007].
18.45.045 Application requirements.
A. An application for a land clearing permit shall be submitted on a form provided by the city, together with a plot
plan and other information as described hereafter:
1. Name, address and telephone number of the applicant;
2. Legal status of applicant with respect to the land;
3. Written consent of owner(s) of the land, if the applicant is not the sole owner;
4. Name of person preparing the map, drawing or diagram submitted with the application, along with
credentials if applicable;
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5. Location of the property, including street number and addresses, together with the names and addresses
of all the adjacent property owners within 80 feet of the subject property as listed in the records of the
Snohomish County assessor;
6. A plot plan, drawn to scale, of the property depicting the following items (scale 1" = 30' or as approved by
the planning division manager):
a. Topographic information,
b. Location of all existing and/or proposed structures, driveways, and utilities,
c. Areas proposed for clearing and the proposed use for such area,
d. Designation of all diseased or damaged trees,
e. Any proposed grade changes that might adversely affect or endanger trees on the property and
specifications to maintain them,
f. Designation of trees to be removed and trees to be maintained,
g. Designation of all wetlands, streams and environmentally sensitive areas;
7. A statement outlining the purpose of the tree removal (e.g., building construction, street or roadway,
driveway, recreation area, patio, or parking lot), together with a proposed timetable for when the work will
occur;
8. The manner in which the cleared areas on the property will be reclaimed with vegetation and the
timetable for replanting;
9. Any other information deemed necessary by the city to allow adequate review and implementation in
conformance with the purposes of this chapter.
B. Upon receipt of the application for a clearing permit, the staff shall inspect the site and contiguous properties.
If the staff determines that the plan is in compliance with the provisions of this section and will result in the
removal of no more trees or vegetation than is necessary to achieve the proposed development or improvement,
the permit shall be approved as a Type II decision (see Chapter 20.01 ECDC).
The city may require a modification of the clearing plan or the associated land development permit to ensure the
retention of the maximum number of trees.
If the staff determines that the plan will result in the destruction of more trees and vegetation than is reasonably
necessary to achieve the proposed development, the permit shall be denied.
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C. Any permit granted under the provisions of this section shall expire one year from the date of issuance. No
work may commence on the permit until the appeal time limit has expired. Upon receipt of a written request, a
permit may be extended for six months.
D. Approved plans shall not be amended without written authorization from the city. The permit may be revoked
or suspended by the city upon discovery that incorrect information was supplied or upon any violation of the
provisions of this chapter.
E. Applications for land clearing shall be referred to other city departments or agencies for review and approval
as deemed necessary by the planning division manager. Applications for clearing in parks shall always be
referred to the Edmonds planning board for review and approval. [Ord. 3736 § 26, 2009; Ord. 3646 § 1, 2007].
18.45.050 Performance standards for land development permits.
A. There shall be no clearing on a site for the sake of preparing that site for sale or future development. Trees
may only be removed pursuant to a clearing permit which has been approved by the city.
B. Trees shall be retained to the maximum extent feasible.
1. Clearing should not occur outside of the areas designated on the clearing plan.
2. No tree(s) or ground cover shall be removed from a native growth protection easement or
environmentally sensitive site unless that plot plan and other submitted materials can demonstrate that the
removal will enhance the easement area. An exception for the installation of roads and utilities may be
approved if it can be demonstrated that alternative access is not practical or would be more damaging and
is developed pursuant to an approved development plan.
Enhancement may include nonmechanical removal of noxious or intrusive species or dead or diseased
plants and replanting of appropriate native species.
C. The city may restrict the timing of the land clearing and tree cutting activities to specific dates, times, and/or
seasons when such restrictions are necessary for the public health, safety and welfare, or for the protection of
the environment.
D. Native growth protection easements may be established through the subdivision process in the following
areas:
1. A 25-foot buffer area from the annual high water mark of creeks, streams, lakes and other shoreline
areas or from top of the bank of same, whichever provides good resource protection;
2. Areas in which the average slope is greater than 25 percent;
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3. Wetlands;
4. Any other area which is determined through the environmental review process to include significant
vegetation, wildlife or other similar resources which should be protected.
E. No ground cover or trees which are within 25 feet of the annual high water mark of creeks, streams, lakes,
and other shoreline areas or within 15 feet of the top of the bank of same should be removed, nor should any
mechanical equipment operate in such areas except for the development of public parks and trail systems;
provided, that conditions deemed by the city to constitute a public nuisance shall be removed; and provided, that
a property owner shall not be prohibited from making landscaping improvements where such improvements are
consistent with the aims of this chapter.
F. The city may require and/or allow the applicant to relocate or replace trees, provide interim erosion control,
hydroseed exposed slopes, or use other similar methods which would comply with the intent of this chapter.
G. No land clearing and tree cutting shall be conducted in a wetland, except for the installation of roads and
utilities where no feasible alternative exists and the work is done pursuant to an approved development plan.
H. When tree cutting or land clearing will occur pursuant to a building permit, protection measures should apply
for all trees which are to be retained in areas immediately subject to construction. The requirements listed may
be modified individually or severally by the city if the developer demonstrates them to be inapplicable to the
specific on -site conditions or if the intent of the regulations will be implemented by another means with the same
result.
Where the drip line of a tree overlaps a construction line, this shall be indicated on the survey and the following
tree protection measures shall be employed:
1. The applicant may not fill, excavate, stack or store any equipment, or compact the earth in any way
within the area defined by the drip line of any tree to be retained.
2. The applicant shall erect and maintain rope barriers on the drip line or place bales of hay to protect roots.
In addition, the applicant shall provide supervision whenever equipment or trucks are moving near trees.
3. If the grade level adjoining a retaining tree is to be raised or lowered, the applicant shall construct a dry
rock wall or rock well around the tree. The diameter of this wall or well must be equal to the tree's drip line.
4. The applicant may not install ground -level impervious surface material within the area defined by the drip
line of any tree to be retained.
5. The grade level around any tree to be retained may not be lowered within the greater of the following
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areas: (a) the area defined by the drip line of the tree, or (b) an area around the tree equal to one foot in
diameter for each one inch of tree caliper.
6. The applicant may prune branches and roots and water as horticulturally appropriate for any trees and
ground cover which are to be retained.
The planning division manager or his/her designee may approve the use of alternative tree protection techniques
if those techniques provide an equal or greater degree of protection than the techniques listed above. [Ord. 4085
§ 6 (Exh. A), 2017; Ord. 3646 § 1, 2007].
18.45.055 Notice.
Notice to surrounding property owners shall be provided pursuant to ECDC 20.03.002, informing them of the
application for a clearing permit. [Ord. 3817 § 8, 2010; Ord. 3736 § 27, 2009; Ord. 3646 § 1, 2007].
18.45.060 Appeals.
Any person aggrieved by the decision of the staff regarding a clearing permit may appeal such decision to the
hearing examiner within 10 working days of the date of the decision. The appeal shall comply with the provisions
of Chapter 20.06 ECDC. [Ord. 3736 § 28, 2009; Ord. 3646 § 1, 2007].
18.45.065 Bonding.
The applicant shall post a performance bond in the amount covering the installation of temporary erosion control
measures and the clearing work to be done on the property and the cost of any proposed revegetation. [Ord.
3646 § 1, 2007].
18.45.070 Violations and penalties.
A. 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. Each and every day or portion thereof during which any violation of any of the
provisions of this chapter is committed or permitted to continue shall constitute a separate offense.
B. Any person found to be in violation of the provisions of this chapter shall be subject to a civil penalty in an
amount not to exceed $1,000 penalty for a tree of up to three inches and $3,000 for a tree three inches or more.
This civil penalty may be in addition to any criminal, civil, or injunctive remedy available to the city. The planning
division manager shall utilize the procedures outlined in Chapter 20.110 ECDC in order to notify an individual of
violation; provided, however, that the same shall commence with a notice of civil violation as provided in ECDC
20.110.040(B) and be subject to an appeal as provided in ECDC 20.110.040(C).
C. The fines established in subsection (B) of this section shall be tripled for clearing which occurs within any
critical area or critical area buffer, in any earth subsidence or landslide hazard area, any native growth protection
easement, in any area which is designated for transfer or dedication to public use upon final approval of a
subdivision, planned residential development or other development permit or for clearing which occurs on any
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portion of public property or within any portion of the public right-of-way. [Ord. 3828 § 1, 2010; Ord. 3788 § 8,
2010; Ord. 3646 § 1, 2007; Ord. 3507 § 3, 2004].
18.45.075 Public and private redress.
A. Any person who violates any provision of this chapter or of a permit issued pursuant hereto shall be liable for
all damages to public or private property arising from such violation, including the cost of restoring the affected
area to its original condition prior to such violation and the payment of any levied fine.
1. Restoration shall include the replacement of all ground cover with a species similar to those which were
removed or other approved species such that the biological and habitat values will be substantially
replaced; and
2. For each tree removed, replacement planting of up to three trees of the same species in the immediate
vicinity of the tree(s) which was removed so long as adequate growing space is provided for such species.
The replacement trees shall be of sufficient caliper to adequately replace the lost tree(s). Replacement
trees shall be a minimum of three inches in caliper and shall be replaced at the direction of the planning
division manager.
B. In order that replanted species shall have an opportunity to adequately root and establish themselves prior to
disturbance by any future development, no permit shall be issued nor final approval given to any project until
such time as all planting required to mitigate illegal activity has been fully implemented in accordance with an
approved landscaping plan, and an adequate rooting period has expired. The plan shall meet the performance
standards established in ECDC 18.45.050. The phrase "adequate rooting period" is defined for the purposes of
this section as a period of one calendar year from the date of planting; provided, however, that a developer or
other impacted party may apply to the architectural design board for the establishment of a different rooting
period. The architectural design board shall establish such period which may be longer or shorter than one
calendar year based upon the species of the plants involved, the particular point in the growing cycle at which
the application is reviewed, and the planting schedule. The architectural design board shall establish a rooting
period based upon the best scientific and biological evidence available as necessary to reasonably ensure the
establishment of the plantings. In no event shall a rooting period be established as a penalty.
C. Restoration shall also include installation and maintenance of interim and emergency erosion control
measures until such time as the restored ground cover and trees reach sufficient maturation to function in
compliance via performance standards identified in ECDC 18.45.050. [Ord. 3646 § 1, 2007; Ord. 2804 § 1, 1990].
18.45.080 Additional remedies authorized.
Violation of ECDC 18.45.035(A) or of any condition of ADB approval regarding tree clearing, the protection of
native growth or landscaping installation and maintenance shall, in addition to another remedy imposed by this
code, be a violation of the provisions of this chapter and subject to the bonding, violation and penalty and public
and private redress provisions of ECDC 18.45.065, et seq. [Ord. 3646 § 1, 2007; Ord. 3507 § 4, 2004].
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