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17905 VISTA DEL MAR DR_Redacted11111111111111
13578
17905 VISTA DEL
MAR DR
� P-UBLIC_
ORK3 QEFT
CITY
OF EDMONDS
EXECUTIVE DEPARTMENT
Lu
Q
SUSPENSE DATE:
w
O
r
r
MAYOR
As We Discussed
MAYOR'S ADMIN. SS'T.
Investigate
7�
BUILDING OFFICIAL `�
/
and report
Take Appropriate
\\
CHIEF of POLICE
Action
CITY CLERK
Prepare Letter/Memo for:
CITY ENGINEER
My Signature
Mayor's Signature
�
CITY PLANNER
Previously Ref'd
FINANCE DIRECTOR
Status of Action?
For Your Information
Return to:
FIRE CHIEF
PARKS & REC. DIRECTOR
PUBLIC WORKS DIRECTOR
CO ENT
r
V
FROM:
ATE:
/ (8/76)
e,
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1-
i
M&MIT YOMOP In OV&P
SATURDoAY,
APML 20
❑ . Latex (water based) paints g Q� o p�
El Oil based paints . . `
❑ Paint thinners_and brush cleaners_ Mariner High School parking lot
❑ Stains 200-120th SW, Everett
0 Paint strippers
❑ Wood preservatives - , .112th St
MARINER
You can,Take' (fte �a SCHOOL �
120th
❑ Latex paints =
❑ Oil based paints 99 9 4t
❑ Stains -
sth st' sue_
Open to community groups & the public (no business waste -accepted)
M
Have Hazardous Waste? .:: come to the HOUSEHOLD HAZARDOUS WASTE ROUNDUP May 5 at these locations:
❑ Everett Reservoir- 6001 Evergreen Way, Everett D Arlington Airport - 188thSt NEl47th Av NE, Arlington
o Monroe Fairgrounds Hwy: 2 & 1.79th, Monroe -❑ Edmonds Community College-- 20000-68th Av W, Lynn
A public service of Snohomish Count Dept. of Public Works Solid Waste Management Division ❑ Information: 259-1834
P Y P 9
Printed on recycled paper,
##P20
loc. 10"
City. of Edmonds
Development Services Department
Planning Division
Phone: 425.771.0220
Fax: 425.771.0221
The Critical Areas Checklist contained on this form is to
be filled out by any person preparing a Development
Permit Application for the City of Edmonds prior to
his/her submittal of the application to the City.
The purpose of the Checklist is to enable City staff to.
h 1 C" 1 Ar
Date Received: ;1/7
City Receipt #: 42Q'i Z I �
Critical Areas File #: f.�2�F-vl 0,0141
Critical Areas Checklist Fee: $135.00
Date Mailed to Applicant: 10-- �`7- cRcCh
A property owner, or his/her authorized representative,
must fill out the checklist, sign and date it, and submit it
to the City. The City will review the checklist, make a
precursory site visit, and make a determination of the
subsequent steps necessary to complete a development
permit application.
fflo
deternune whet er any potenha nhca eas are, or
may be, present on the subject property. The information Please submit a vicinity map, along with the signed copy
_....needed to. complete the Checklist should. '.be easily': -: of.this:form.-to•assist`City staff'in fihding:and.locating-the�
-,available from -observe_ tions-of the site or -data -available at -_ - specific -piece of -property -described of this form. -In= - -
City Hall '(Critical areas inventories, maps, or soiladdition, the applicant. shall ' include other pertinent
surveys). information .(e.g. site plan, topography map, etc.) or
studies in conjunction with this Checklist to assistant staff
in completing their preliminary assessment of the site.
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees
to release, indemnify, defend and hold the City .of Edmonds harmless from any and all damages, including reasonable
attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or
incomplete information furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information' and exhibits herewith submitted are true and correct to the best of my
knowledge and that I am authorized to fil 's applic lion on the behalf of the owner as listed ibelow.
SIGNATURE OF APPLICANT/AGENT _ DATE
Property Owner's Authorization U ) U, I
By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application,
and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the
purposes of inspection and posting attendant to this lictoon.
SIGNATURE OF OWNER �/ r%�'G� . DATE
PLEASE PRINT CLEARLY
Owner/Applicant:
& b S c, h
Name
I`ll b 044MQic
Street Address
City State Zip
Telephone: ` 5-1-7- il% 1
Email address (optional):
App ' ant Representative:
z
Name
lr�Tu LO u nil) 4
Street Address
City State Zip
Telephone:
Email Address (optionalj:
t' 1
#P20
Critical Areas Checklist
Site Information (soils/topography/hydrology/vegetation)
1. Site Address/ Location: �� ` o �� y � r yjle ui 19"" r v e
2. Property Tax Account Number: l $2 7 O y Z Ur O q c9 c o %
3. Approximate Site Size (acres or square feet): g 4tG:re S
4. - Is this site currently developed? V yes; no.
If yes; how is, site developed?. 5
resic&-tz-
CA File No:
5. Describe the general site topography. Check all that apply.
Flat: less than 5-feet elevation change over entire site.
Rolling:: : slopes. on site , generally less...tham- °,6 -.(a. verticah rise.of .10-feet..over . A. . horizontal-. - - -
_
---- - - - -- — - -- -
Hilly: slopes present on site of more than 15% and' less than 30% (a vertical rise of 10-feet_
over a horizontal distance of 33 to 66-feet).
Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal
distance of less than 33-feet).
Other (please describe):
6. Site contains�areas of year-round standing water: /10 ; Approx. Depth:
7. Site contains areas of'seasonal standing water: A/0 ; Approx. Depth:
What season(s) of the year?
8. Site is in the floodway floodplain 7- -- of a water course.
9. Site contains a creek or an area where water flows across the grounds surface?-Flows.are year-round?
Flows are seasonal?. (What time of year? . Ali ).
10. Site is primarily: forested meadow shrubs ; mixed
urban landscaped (lawn, shrubs etc)
11. Obvious .wetland is present on site: A/ e9
1.
2.
3.
4.
5.
—For City Staff Use Only -
Plan Check Number, if applicable? U
Site is. Zoned?
SCS mapped soil type(s)? Q - Alci r- -icxy/ cam- velz as c,-4, 10 ,Y. R Am t5_ _-doze.-,.
Site within designated earth subsidence landslide hazard area? N6 .
Li..,o/Sl iA'e Fia_rz� DETERMINATION
' �jSTUDY REQUIRED
Reviewed bv:,-
WAIVER
r .,
CI�T�Y -OF Ep11AONDS
_ - z-
CIVIC CENTER —WATER -SEWER DEPARTMENT``Oall PRospect &1107 when work
'Is ready fo;.inspection. (No lnspea NU
lions
SIDE' SEWER PERMIT ona Saturday, Sunday or holidays.) 1 \ _ 0V,
an1RESS..... .................................... 9.11.7.... Olympic
..View..Driue..................
.............................. `. fi q
OVWER
sIs�me.._FletchC'..................................... CON -TRACTOR ........ hc?i-Safe.
.........................................
.......
..
y g R PP days to REPAIR or CONNECT a side sewer
Pe ission -is ranted .......A April • - -- ... 19.70.., for
�yitl Cit Sewers in accordance with application on file and governing ordinances.
.A-T'1NTION IS CALLED TO THE FOLLOWING:
NOT No. 1—The owners of the property may obtain a permit to construct sewer Inside property line. A licensed Side Sewer Contractor must
.� be employed, to construct side sewer In street area. Do not cover any poitlon of sewer before it has been Inspected.
-- -1VOTNo. 2—Obtain full Information regarding Ordinance 11.16.030 and Regulations governing side sewers when you get permit.
NO No. 3—Top,of,side sewer must have at least 30 inches coverage at property line and 12 inches Inside property line; minimum grade of 2q,.
.No" benda'in grade sharper than % will be permitted.
NO,1No:d4-Trenches in street must be water settled and surface of street restored to original condition. Contractors shall be responsible for
Jl failure due to improper work which may develop within one year of completion.
*Tn 5—It isunlawfulto alter or do any other work than Is -provided for in the permit, or to do any work on the main sewe
tenances' except to Insert the pipe into the wye. r OT its appur-
P_q : -- -
_ 0 -
CITY- OF EDMONDS "
a Call PRospect 0-1107 when work [+
Ch IC CENTER.'= WATEii-SEWER DEPARTMENT is ready for Inspection. (No Inspec. 3 U 46
SIDE SEWER PERMIT
Saturday, Sunday or holidays.)0
{ ADIDRES&.......................................lympic View_ Drive
--- -----------------•--...............-----...............................................----------..........--------
OwxER ...... ........... . mes_ .Fletcher.-----......--- - ---- CONTRACTOR.......... San3 -Safe
Perinissiol is granted ...... April..7...._•.............. 19.71P.., -for ........................ days to REPAIR or CONNECT a side sewer
with_-Clty. Sewers in accordance with application on file and governing ordinances.
'ATTENTION IS CALLED TO THE FOLLOWING:
NOTE No. I=The owners of the property may obtain a permit to construct sewer inside property line. A licensed Side Sewer Contractor must
be employed to construct sidecsewer In street area. Do not cover'any portion of sewer before it has been inspected.
NOTE No. 2—Obtain full information regarding Ordinance 11.16.030 and Regulations governing side sewers when you get permit.
NOTE No. 3—Top of side sewer must have at least 30 Inches coverage at property line and 12 inches inside property line; minimum grade of 2%.
No bends in grade sharper than 'A will be permitted. -
NOTE No. 4—Trenches in street must be water settled and surface of street restored to original condition. Contractors shall be responsible for
failure -due to improper work which may develop within one year of completion.
NOTE No. 5—It is unlawful to alter or do any other work than is provided for in the permit, or to do any work on the main sewer or its appur-
tenances except to insert the pipe into the wye.
I.
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AMPAD REORDER
® EFFICIENCY0 #23•600:
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AMPAD
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REORDER_
�AMPAD ®. #23-000
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w� y
CITY OF EDMONDS
CRITICAL AREAS RECONNAISSANCE REPORT
Site Location:
9118 Olympic View Drive
Tax Acct. Number:
18270420040007
Determination:
Study Required
Determination #:
CRA-2006-141
Applicant:
R. Liz Reinitz
Owner:
Bob Schmitt
CRITICAL AREAS RECONNAISSANCE REPORT: STUDY REQUIRED (CRA-2006-141)
During review and inspection of the subject site, it was found that the site may be either adjacent to or
contain critical areas, including Geologically Hazardous areas, pursuant to Chapters 23.40 and 23.80
of the Edmonds Community Development Code (ECDC).
GENERAL CRITICAL AREAS REPORT REQUIREMENTS
Critical Areas Reports identify, classify, and delineate any areas on or adjacent to the subject
property that may qualify as critical areas. They also assess these areas and identify any potential
impacts resulting from your specific development proposal. If a specific development proposal results
in an alteration to a critical area, the critical areas report will also contain a mitigation plan. You have
the option of completing the portion of the study that classifies and delineates the critical areas and
waiting until you have a specific development proposal to complete the study. You may also choose
to submit the entire study with your specific development application.
• Please review the minimum report requirements for all types of Critical Areas that are listed in
ECDC 23.40.090.D. There are additional report requirements for different types of critical
areas (see below).
• Note that it is important for the report to be prepared by a qualified professional as defined in
the ordinance. There are options on how to complete a critical areas study, and there is an
approved list of consultants that you may choose from. You may contact the Planning
Division for more information.
• General Mitigation Requirements for all Critical Areas are discussed in ECDC 23.40.110
through 23.40.140.
STUDY REQUIREMENT — EROSION HAZARD AREA
It appears that this property contains or is adjacent to an Erosion Hazard Area. Erosion Hazard
Areas include:
• Those areas with Alderwood and Everett series soils on slopes of 15 percent or greater.
• Any area with slopes of 15 percent or greater and impermeable soils interbedded with
granular soils and springs or ground water seepage.
• Areas with significant visible evidence of ground water seepage, and which also include
existing landslide deposits regardless of slope.
DEVELOPMENT PROPOSALS ASSOCIATED WITH EROSION HAZARD AREAS
Development within an Erosion Hazard Area must meet additional criteria.
• For erosion hazard areas with suitable slope stability, the only critical area study needed is an
erosion and sediment control plan prepared in compliance with the requirements set forth in
Chapter 18.30 ECDC as part of the construction documents. This option is at the director's
discretion, per Edmonds Community Development Code section 20.80.050.G.
• In areas where the slope stability is not suitable, projects within Erosion Hazard Areas will
require a report by a licensed Geotechnical Engineer or other qualified professional. Note that
it is important for the report to be prepared by a qualified professional as defined in the
ordinance.
• Report requirements are given in ECDC 23.80.050, and more generally in ECDC 23.40.090.D.
• Development standards are given in ECDC 23.80.060 and 23.80.070.
STUDY REQUIREMENT — LANDSLIDE HAZARD AREA
It appears that this property contains or is adjacent to a Landslide Hazard Area.
• A Landslide Hazard Area is any area with a slope of forty percent (40%) or steeper and with a
vertical relief of ten (10) or more feet (except areas composed of consolidated bedrock).
• Landslide Hazard Areas are further defined and illustrated in ECDC 23.80.020.B.
• In addition to the general requirements for Critical Areas reports referenced above, specific
Critical Area report requirements for Landslide Hazard Areas are provided in ECDC
23.80.050.
DEVELOPMENT PROPOSALS ASSOCIATED WITH LANDSLIDE HAZARD AREAS
Development is restricted within a Landslide Hazard Area and its buffer.
• Projects that will intrude into these areas will require a report by a licensed Geotechnical
Engineer.
• The criteria that are applied depend on the amount that the buffer is reduced.
• The buffer can be reduced to a minimum of ten (10) feet (with an additional 15' building
setback per ECDC 23.40.280) if a report is prepared that meets the standards listed in ECDC
23.80.050. The alteration must also meet the requirements listed in ECDC 23.80.060.
• In addition, proposals to reduce the buffer to less than ten (10) feet must comply with the
design standards listed in ECDC 23.80.070.A.3.
ALLOWED ACTIVITIES
Certain activities are allowed in or near critical area buffers as specified in ECDC 23.40.20. If you
have any questions about whether your proposed development qualifies as an allowed activity, please
contact a Planner for more information.
EXEMPT DEVELOPMENT PROPOSALS
Certain development proposals may be exempt from Critical Areas Requirements (ECDC 23.40.230).
If you think that a specific development proposal may be exempt, contact a Planner for more
information.
October 27
Name /® Signatures Date
NOTE: Cited sections of the Edmonds Community Development Code (ECDC) can be found on the
City of Edmonds website at www.ci.edmonds.wa.us.
M
L OTL I N E A D LJIv1 4T
EXISTING LOT 9 LEGAL DESCRIPTION
LOT 9 OF CITY OF EDMONDS LOTUNE ADJUSTMENT 2003-185 RECORDED
UNDER RECORDING NUMBER 200401140865, BEING A PORTION OF LOTS 9 AND
10, VISTA DEL MAR. ACCORDING TO THE PLAT THEREOF RECORDED UNDER
RECORDING NUMBER 200010195002. IN SNOHOMISH COUNTY. WASHINGTON.
EXISTING LOT 10 LEGAL DESCRIPTION
LOT 10 OF CITY OF EDMONDS LOTUNE ADJUSTMENT 2003-I85 RECORDED
UNDER RECORDING NUMBER 20040114086% BEING A PORTION OF LOTS 9 AND
10. VISTA DEL MAR. ACCORDING TO THE PLAT THEREOF RECORDED UNDER
RECORDING NUMBER 200010195002. IN SNOHOMISH COUNTY, WASHINGTON.
PROPOSED LOT 9 LEGAL DESCRIPTION .
THAT PORTION OF LOTS 9 AND 10 OF CITY OF EDMONDS LOT LINE
ADJUSTMENT NO. LL-2003-IM RECORDED UNDER SNOHOMISH COUNTY
RECORDING NO. 200401140865, RECORDS OF SNOHOMISH COUNTY. SATE OF
WASHINGTON. WHICH LIES NORTH AND NORTHERLY OF THE FOLLOWING
DESCRIBED LINE;
BEGINNING AT THE WEST MOST CORNER OF SAID LOT 9, ALSO BEING THE
NORTH MOST CORNER OF LOT 11 OF VISTA DEL MAR. ACCORDING TO THE PLAT
THEREOF RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 20011095002;
THENCE NORTH 36.03'10' EAST ALONG THE WEST LINE OF SAID LOT 9. A
DISTANCE OF 69.15 FEET TO THE TRUE PORT OF BEdNNING:
THENCE SOUTH 55.06'09' EAST. A INSTANCE OF 102.32 FEET;
THENCE SOUTH 47.17'18- EAST. A DISTANCE OF 95.69 FEET;
THENCE SOUTH 55-06*43: EAST• A DISTANCE 1 77.97 FEET;
THENCE SOUTH 22'49'23EAST, A DISTANCE OF 41M FEET;
THENCE SOUTH 88.49'54- EAST. A DISTANCE OF 30.32 FEET TO THE EAST
UNE OF SAID LOT 10 AND THE TERMINUS OF THIS UNE.
PROPOSED LOT 10 LEGAL DESCRIPTION
THAT PORTION OF LOTS 9 AND 10 OF CITY OF EDMONDS LOT UNE
ADJUSTMENT NO. LL-2003-185, RECORDED UNDER SNOHOMISH COUNTY
RECORDING NO. 200401140865. RECORDS OF SNOHOMISH COUNTY, SATE OF
WASHINGTON. WHICH LIES SOUTH AND SOUTHERLY OF THE FOLLOWING
DESCRIBED LINE;
BEGINNING AT THE WEST MOST CORNER OF SAID LOT 9, ALSO BEING THE
NORTH MOST CORNER OF LOT Il OF VISTA DEL MAR. ACCORDING TO THE PLAT
THEREOF RECORDED UNDER SNOHOMISH COUNTY RECORDING NO. 20011095002;
THENCE NORTH 36.03'10' EAST ALONG THE WEST LINE OF SAID LOT 9. A
DISTANCE OF 69.15 FEET TO THE TRUE PdNT OF BEdNNING:
THENCE SOUTH 55'O6.09- EAST, A DISTANCE OE 102.32 FEET;
THENCE SOUTH 47.1YIS' EAST. A DISTANCE OF 95.69 FEET;
THENCE SOUTH 55'O6'43• EAST. A DISTANCE OF 77.97 FEET;
THENCE SOUTH 22'4W23- EAST, A DISTANCE OF 43.38 FEET;
THENCE SOUTH 88'49'54' EAST. A DISTANCE OF 30.32 FEET TO THE EAST
LIE OF SAID LOT 10 AND THE TERMINUS OF THIS LINE.
DasTING LOT AREA
SO. FT ACRES
LOT
.9 43.850 1.0067
LOT 10 12.DD0 0.2755
PROPOSED LOT AREA
SO. FT. ACRES
LOT 9 24,816 0.5697
LOT 10 31,034 0.7124
SITE NOTES
1.EXISI1NG LEGAL DESCRIPTIONS AND EASEMENTS SHOWN ARE BASED ON
TITLE REPORT FURNISHED BY PACIFIC NORTHWEST PILE INSURANCE
COMPANY. INC. ORDER NUMBER 178584-1 AND 180500-1, DATED APRIL 4,
2006.
2.HORRONTAL DATUM:
HAD 83/91
3.ANGLES AND DISTANCES SHOWN HEREON ARE GROUND.
CINSTRUMENT-
THIS SURVEY WAS PERFORMED WITH A LEICA TCR 1203, SERIAL NUMBER
221188 AND LEICA AU1230 GPS UNIT. SERIAL NUMBER 160230.
5.PRECSION-
PRECISION EXCEEDS 1:10.000 GROUND TRAVERSE METHODS AND WERE IN
ACCORDANCE WITH WAG 332-130-090.
ZONING
ZONING FOR THE LOTS SHOWN Is R12.
/
17804 VISTA
DEL MAR OR
DECK \
MULTI -LEVEL
/ \ � `6-� �p'•� / .�/ MOOD HOUSETOP Of
GRAL /
ELEV. 17206" \\DRIV
"o^'EVEII
PROPOSED
LOT LINE
T.P.0.& / /
/ / � NBS'46'OB'
r &' e
// \\ .b. �8/ / /i� 'y i �/ LOT uaETO�
BE REMOVED 1
-PROPOSED-
'(4" ii / '%/ ! / LO 11
FENCE
DECK
17901 �MSTA
DEL MAR OR
WOOD HOUSE
TOP OF ROOF
\ ELEV.- 157.3' O
DI
I
CONCRETE
WALK
6• WOOD
FENCE
N
( IN FEE' )
I Ixh - 30 Tc
Y 2�j
/ C pY'fa.
�\ \
/
\/
-PROPOSED-
LOT 1 (
31.034 SOFT.
/ \ \
0.7124 ACRES
24.816 SOT.
0.5697 ACRES I
LOT LINE
QA�KALT
D REMNANT Oi
IVEOLD/DEMO'0
/ /LOT LINE It CONC. PAD
L I / / / BE REMOVED
/ l 8� I
L-49.79 / \
A-6' -;B
R-45.0045.00
L-5.75
M 719'IV
R-45.O1
KAIREZ DRIVE
ASPHALT PAVING /
x
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- PROPOSED i
r.W
LOT LINE/
A
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L-86.38 /
30.56'
A-8595%O6'
515'E 5.21'
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- - -_
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CONCRETE
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This mop correctly represents o survey made by me or FOUINNRo BUSH, ROED SL HMHINGS, INC. SW A. SW Y4. SEC. 7, T 27 N. R 4 E,
Filed for record this _ day of at _M under my direction In conformance with the requirements : W AND
of the Survey Recording Act of the request of �: 'a CIVIL ENGINEERS & LAND SURVEYORS SE Ys, SE Ya, SEC. 12. T 27 N, R 3 E.W.M.
in book _ of Surveys, of page _ at the request of $
KRANNITZ GEHL ARCHTI•ECTS 2008 MINOR AVE EAST EDMONDS, WASHINGTON
BUSH, ROED & HITCHINGS, INC. In FEBRUA Y 2012 SEATTLE, WAG8102 W)e)323-4144 OWN. BY: OQR SCALE: 1:30
f3rI0 pW4LutA CHK. BY: OQR JOB N0.:2012023-00
. Mar. UD o ecor s Certir.cote No. BRH DATE:2/27/2012 ISHEET 1 OF 1
s 1 APPLICATION
for LYNN PLANT
-the City of Edmonds SIDE SEWER PERMIT EASEMENT No .................................
NEW CONSTRUCTION REPAIRS ❑
OWNER \,/. .1=!-l%.. ........ L--LL" C/1�f..�C- .�I. 8.. J. O CONTRACTOR ... PERMIT N ..............
ADDRESS .. /_.L ..........4.1 �1Yi"� L.C......a1.ew....,O a LEGAL DESCRIPTION: LOT No ........... .................................... BLOCK N)-o..............................................
�! f NAME OF ADDITION ._...<I!�� -,-/CD.kCJC/.=.1%.........
P .92......�.!...... zgPL.Ld
`.� r IG !//mac-� � •�7 /9'/(�Ql� �s�/�/�U/r:I�s7 ��St%•
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APPROVED
APR-7 1970
Approved:
/ \ DATE ... .... X .d............... By , 49..< : ':...................................
APPLICATION
'rfor
The City of Edmonds SIDE SEWER PERMIT
NEW CONSTRUCTION M,- REPAIRS
3V,-NER -----------------------------------------
VDDRESS ............ ........
APPP,.OVED
APR 7 1970
flA-2W2AFrAw,
I
I!YIVM
EASEMENT No - ------------------------------------------
1 /,0 "/ / 6,-Y-,f ')
CONTRACTOR ........................................... PERMIT No ... .. ..
LEGAL DESCRIPTION: LOT No. ........ 2 ---------------------------------- BLOCK No. A.2 ..............
�fr- / 2 6,-- a g r- -s- u) c- 0 a - rH a- ;7-,Oe 171
NAME OF ADDITION&, .... ;7.10....
/Y/, 3,/ 10 Al
<IV
DATE .Y��.—.7R ...............
BY --------
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Critical Areas Checklist CA File No:
Site Information (soils/topogra by/hydrology/vegetation)
1. Site Address Location: HI
I
2. Property Tax Account Number: 5944 ©oo o :�8 O 1
3. Approximate Site Size (acres or square feet): 4' Oar f-,
4. Is this site currently developed? _yes; no.
If yes; how is site developed?
5. Describe the general site topography. Check all that apply.
Flat: less than 5-feet elevation change over entire site.
Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal
distance of 66-feet).
Hilly: slopes present on site of more than 15% and less than 30% ( a vertical rise of 10-feet
over a horizontal distance of 33 to 66-feet).
Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal
distance of less than 33-feet).
Other (please describe):
6.• Site contains areas of year-round standing water: 0 O : Approx. Depth:
7. Site contains areas of seasonal standing water: N C>;Approx. Depth:
What season(s) of the year?
8. Site is in the floodway floodplain of a water course.
9. Site contains a creek or an area where water flow across the grounds surface? Flows are year-round?
Flows are seasonal? N�A (What time of year? N ).
10. Site is primarily: forested ; meadow ; shrubs ; mixed
urban landscaped (lawnshrubs etc)
11. Obvious wetland is present on site: N O
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Critical Areas Checklist.doc/3.19.2001 4? wA 1
City of Edmonds
Development Services Department
Planning Division
Phone: 425.771.0220
Fax: 425.771.0221
The Critical Areas Checklist contained on this form is to
be filled out by any person preparing a Development
Permit Application for the City of Edmonds prior to
his/her submittal of the application to the City.
The purpose of the Checklist is to enable City staff to
determine whether any potential Critical Areas are, or
may be, present on the subject property. The information
needed to complete the Checklist should be easily
available from observations of the site or data available at
City Hall (Critical areas inventories, maps, or soil
surveys).
Date Received:
City Receipt #:
Critical Areas File #:
Critical Areas Checklist Fee: $45.00
Date Mailed to ADolicant:
A property owner, or his/her authorized representative,
must fill out the checklist, sign and date it, and submit it
to the City. The City will review the checklist, make a
precursory site visit, and make a determination of the
subsequent steps necessary to complete a development
permit application.
Please submit a vicinity map, along with the signed copy
of this form to assist City staff in finding and locating the
specific piece of property described on this form. In
addition, the applicant shall include other pertinent
information (e.g. site plan, topography map, etc.) or
studies in conjunction with this Checklist to assistant staff
in completing their preliminary assessment of the site.
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees
to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable
attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or
incomplete information furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are true and convect to the best of my
knowledge and that I am authorized to file this application on the behalf of the owner as listed below.
SIGNATURE OF APPMANT/AGENT
DATE
Property Owner's Authorization
By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application,
and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the
purposes of inspection and posting attendant to this application.
SIGNATURE OF OWNER
Owner/Applicant:
G V--6L1 re-,Z
Name
Qll1 CrV b
Street Address
. CUMbY-CLs . LQA-
City State Zip
DATE
Applicant Representative:
Name
Street Address
City State Zip
Telephone: Telephone:
Email address (optional):
Email Address (optional):
Critical Areas Checklist.doc/3.19.2001
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� Zoning and Vicinity Map
1
CITY of EDMONDS
200 Dayton Street • Edmonds, Washirl-gton 98.020 • Telephone (206) 775-2525
Department of Public Works
STrft� r--,.
DATE: September 29, 1977
TO: Mr. Wayne Jones
Reid, Middleton and Assoc., Inc.
324 Main St.
Edmonds,WA 98020
TRANSMITTING: Ltr. from Miller and Morris Inc. dtd 8-23-77
regarding Claimant Nicholas Kariez, 9117 Olympic View Dr.
AS YOU REQUESTED: FOR YOUR FILE:
FOR YOUR INFO: XX REVIEW & COMMENT:
AS WE DISCUSSED:' COMMENT F, RETURN:
FOR YOUR APPROVAL: FOR APPROPRIATE ACTION:
REMARKS:
PUBLIC WORKS DEPARTMENT
BY : V• sh-Z
LEIF LARSON, P.E.
Director of Public Works
RHA:ly
Enclosure
'
•
24 Hour Phone
206 MU 2-8141
MILLER
MORRIS INC*
L O S S
A S S E S S O R S
Cable Address "MINC SEATTLE"
757
H A R R I S &K 04 E'E is"t
Telex: 32-8933
SEATTLE,
WASHINGTON 98109
`(i
Ray Sittauer
c/o Edmonds Planning Commission
Civic Center
Edmonds, Washington 98020
Dear Mr. Sittauer:
23rd September 1977
RECEIVED
9 EP 28 1977
Public Works DepL
Assured:
Grant Construction Co.
Loss Date:
14th June 1977
Type Loss:
Soil Erosion
Claimant:
Nicholas Kariez
Location:
9117 Olympic View Drive
Edmonds, Washington
Our File:
C3-78165
We represent the insurance carrier providing the liability coverage
for Grant Construction Co. It has been requested that we furnish you
with a status report concerning the above captioned accident.
We met with Mr. Kariez after the accident and have since had soils
engineers survey the damage. We have furnished Mr. Kariez with a copy
of the soils report and have requested that he obtain estimates from a
landscaping or nursery firm so that we can establish a fair property
damage figure. He has not obtained these estimates as yet, but as soon
as he does so we will be glad to meet with him to discuss settlement.
Very truly yours,
MILLER & MORRIS INC.
John Moser
JM:ss
BUILDING
J A pv 0 7992
STREET FILE
IN THE EDMONDS MUNICIPAL COURT OF THE STATE OF WASHINGTON
IN AND FOR SNOHOdISH COUNTY
CITY OF EDMONDS,
Plaintiff,
vs
GEORGE PLATON KAIREZ Defendant,
STATE OF WASHINGTON, City of Edmonds
TO: Dick Mumma
ADDRESS: 250 5th Avenue N
Edmonds, WA 98020
No. 46318
SUBPOENA
YOU ARE COMMANDED TO APPEAR:
ON: January 19, 1993 at 1:30 p.m.
at Edmonds Municipal Court, located at
650 Main Street (Plaza -top floor of Library)
Edmonds, Washinqton 98020
to testify in the trial of the above encaptioned matter on the part of the
plaintiff, the City of Edmonds, and to remain in attendance until you have
given your testimony or have been dismissed or excused by the Court.
DATED this 6th day of January
___ 96-=
CLEIMV THE COURT
1993
� STREET FILE � o
CITY OF EDMONDS
AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION
OF A CRITICAL AREA STUDY
George Kairez hereinafter referred to as "Proponent, "
, hereinafter referred to as "Consultant," and the City
of Edmonds, Washington, hereinafter referred to as "the City," for and in consideration of mutual
promises contained herein agree and contract as follows:
The City's Planning Official has determined that a Critical Area may exist on or near the
subject property, pursuant to Edmonds Community Development Code (ECDC) Section
20.15.B.
II. The City is to direct and supervise preparation and finalization of a critical area study to
describe the items in accordance with ECDC Section 20.15.B.150.
IIB. Paragraph IIB shall be applicable only during the life of this contract. The work of the
Consultant and the critical area study are for the purpose of providing the City with
information and analysis, independent from the Proponent and the owner of the subject
property. To that end, the Consultant shall, during the life of this agreement, perform no
other services for Proponent with respect to the subject property. In addition, the
Consultant shall not perform services for the Proponent with respect to other property or
proposed developments without full disclosure thereof to the City. Proponent specifically
agrees not to communicate with the Consultant, except for such communication as may be
necessary for the Consultant to carry out the performance of this agreement. Any such
communication between the Proponent and Consultant shall be carried on only in the
presence of or with the prior approval of the City.
III. Proponent agrees to pay to Consultant in the manner set forth in Section VII below the
reasonable costs of having the critical area study prepared. The Consultant has been
recommended and selected by the City. Proponent understands and agrees to pay
Consultant for actual time and materials expended in accordance with the scope of services
set forth in Attachment "A" hereto, provided, however, that the total to be received by the
Consultant for preparation of the critical area study shall not exceed the sum of $
. Progress payments are to be issued to Consultant in accordance with the
provisions of Sections VII and IX in this agreement.
IV. The Proponent agrees to cooperate reasonably with both Consultant and the City so as to
cause the efficient and prompt preparation of the critical area study. The City agrees to
make available to the Consultant all relevant information in the City's files.
V. The scope of services contemplated by this agreement shall include preparation of a critical
area study which shall be delivered to the City on or before
VI. Consultant shall prepare and deliver to the City up to 5 copies of the critical area study.
VII. Proponent shall, within ten (10) days of the signing of this agreement:
(a) Deposit with the City of Edmonds funds sufficient to pay for the cost of preparation
of the critical area study, but not less than $ subject to the
provisions of subparagraph (b) below;
(b) Agree to disbursement from time to time of funds on deposit in said account to pay
for Consultant services covered by the Agreement.
Page 1 of 4
CA92.91 C/12-30-91CRUICAUCONTRACr
VIII. If the Proponent fails to deposit funds with the City as specified in Section VII of this
agreement within the required ten days, this agreement shall terminate.
IX. Consultant agrees to submit invoices for services and costs to date on a monthly basis along
with a description of services rendered and a project progress report. The Consultant shall
submit the original invoice to the City and a copy to the Proponent. The City shall pay the
invoiced amount from the assigned account described in paragraph VII of this agreement
within thirty (30) days of receipt if the work covered by the invoice has been satisfactorily
completed.
X. In the event the City, in its sole opinion determines there is a need for changes in the scope
of work in Attachment "A," the City shall obtain from the Consultant an estimate of the
total added charges and shall seek the Proponent's written approval, which shall not be
unreasonably withheld. This Agreement shall then be amended to cover these changes, and
the funds deposited accordingly to cover the changed scope of work. Failure to obtain such
approval from the Proponent and to obtain an increase in the funds deposited to cover the
proposed changes at the time of amendment, shall be grounds for suspension of work until
agreement is reached.
XI. The parties hereto agree that the critical area study and all supporting material therein
submitted by the Consultant in the course of performing services under this agreement shall
be, in the hands of the City of Edmonds, as public records and not subject to copyright.
Consultant further agrees to make research notes and any other work products produced in
performing this agreement available to the City for reproduction, upon completion of the
critical area study, or sooner upon request by the City.
XII. Unless otherwise specified within this Agreement, this proposal shall be governed by the
laws of the City of Edmonds and the State of Washington.
XIII. (a) The parties intend that an independent Consultant/City relationship will be created
by this Agreement. No agent, employee, or representative of the Consultant shall
be deemed to be an employee, agent, or representative of the City or Proponent for
any purpose. Employees of the Consultant are not entitled to any of the benefits the
City provides for City employees. The Consultant will be responsible for the acts of
its employees; agents, and subcontractors during the performance of this Agreement.
The Consultant further agrees to testify at any hearing concerning the project or the
critical area study only if requested to do so by the City, unless pursuant to court
order.
(b) Consultant covenants and agrees to indemnify, defend and hold harmless the City,
its officers, agents and employees from and against any and all claims, actions,
damages, liability, cost and expense,, including reasonable attorney's fees, in
connection with or occasioned, in whole or in part by any act or omission of
Consultant, its officers, agents, employees, customers, or licensees, or arising from
or out of Consultant's failure to comply with any provision of this Agreement,
regardless of whether it is alleged or proven that the acts or omissions of City, it
officers, agents or employees caused or contributed thereto. With respect to the
performance of this Agreement, and as to claims against City, its officers, agents
and employees, the Consultant expressly waives its immunity under Title 51 of the
Revised Code of Washington for injuries to its employees and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Consultant.
This waiver was mutually negotiated by the parties. This indemnity provision shall
not apply in the event any acts or omissions of the City were the sole cause of any
Page 2 of 4
CA92-91 C/ 12-30.92.CRrrICAL\CONTRACT
such damage or injury. To the extent any of the damages referenced by this
paragraph were caused by or resulted from the concurrent negligence of the City, its
agents or employees and the Consultant, its officers, agents, and employees, this
obligation to indemnify, defend and hold harmless is valid and enforceable only to
the extent of the negligence of the Consultant, its officers, agents and employees.
(c) In the performance ' of the services herein contemplated, the Consultant is an
independent contractor with the authority to control and direct the performance of
the details of the work, subject to applicable regulations. However, the results of
the work contemplated herein must meet the approval of the City, and shall be
subject to the City's general rights of inspection and review to secure the satisfactory
completion thereof, as required by ECDC Chapter 20.15.B.
XIV. Proponent agrees to indemnify, defend, and hold harmless the City from any and all claims
for breach of contract or other claim for damages brought by Consultant on account of any
act or failure to act by the Proponent to pay the sums due under the terms of this
Agreement.
XV. The Consultant shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin.
XVI. The City reserves the right to suspend or terminate this agreement on ten (10) days written
notice to the Consultant and Proponent. If terminated or suspended, Consultant shall be
entitled to receive reasonable compensation for services rendered to the date of termination
or suspension. The Consultant shall then invoice the City for all work performed in a
satisfactory manner through the effective date of termination, and shall be paid by the City,
subject to the limitations on liability contained in Paragraph IX; provided that if the
termination is due to the fault of the Consultant, no payment shall be due.
XVII. The Proponent reserves the right to suspend or terminate this Agreement on ten (10) days
written notice to the Consultant and City, and withdrawal of all related building, zoning,
subdivision, and/or shoreline permit applications. If terminated or suspended, Consultant
shall be. entitled to receive reasonable compensation for services rendered to the date of
termination or suspension.
XVIII. In the event that any legal action is necessary to enforce the terms of the Agreement, the
prevailing party shall be entitled to recover from the other party a sum for reasonable
attorney's fees, including reasonable attorneys fees incurred prior to the filing of the action.
M. Consultant agrees to report to the City any situation that might involve a possible conflict of
interest in connection with the performance of the Agreement. The Consultant shall not
have a financial interest in the proposal other than fees due under this Agreement. The
Consultant will not perform any work or provide any services to any person in connection
with or related to the Proposal, except as provided in this Agreement. The Consultant has
listed in Attachment "B" all present contracts or work for the Proponent.
XX. The Proponent agrees to provide the Consultant with a legal description of the project site,
reproducible site plan or plans, copies of any relevant site studies produced by other
consultants, and such other information as required by the Consultant. The proponent
agrees to cooperate reasonably with both the City and Consultant so as to facilitate the
efficient and prompt preparation of the critical area study.
XXI. This Agreement, including the Attachments hereto, represent the entire agreement and
understanding between the parties, and any negotiations, proposals, or agreements are
intended to be integrated herein and to be superseded by this written Agreement.
Page 3 of 4
CA92-91 Cl 12-3492.CRITICAUCONTRACT
•
•
ATTACHMENTS
EXECUTED by the parties hereto this day of
CITY OF EDMONDS: CONSULTANT,
By By
Laura Hall name:
Mayor title:
ATTEST/AUTHENTICATED: PROPONENT,
By By
Rhonda March George Kairez
City Clerk
APPROVED AS TO FORM: PLANNING MANAGER:
By By
Scott Snyder Rob Chave, Manager
City Attorney Planning Division
Attachments: "A" - Scope of Services
"B" - Consultant/Proponent Contracts/Relationships
I
,19
Page 4 of 4
CA92-91 C/12-30-92.CRRICAUCONTRACT
0 STREET FILE 0
ATTACHMENT "A"
SCOPE OF WORK FOR CRITICAL AREAS STUDY CA-92-91
1. Geotechnical Study of the Site pursuant to the criteria established in ECDC Sections
20.15B.070.A.3 and 20.15.B.120 and other applicable sections of chapter 20.15B.
This evaluation shall also include recommendations for appropriate mitigation measures
if applicable.
2. Evaluation of the status of the Eagle nesting habitat on .the subject property and its
immediate vicinity pursuant to the criteria established in ECDC Sections
20.15B.070.A.1 and 20.15B.100 and other applicable sections of chapter 20.15B. This
evaluation shall also include recommendations for appropriate mitigation measures if
appropriate.
Where boundaries are established for either of the above critical areas, said boundaries
and required associated buffer areas (pursuant to ECDC Chapter 20.15B) shall be
delineated, with a legal description and survey prepared and stamped by a Registered
Land Surveyor, licensed in the State of Washington.
CA92-91 S/ 12-30-91CRUICAUCONTRACr
20.15B.020
20.15E
CHAPTER 20.15E
INTERIM CRITICAL AREAS
20.15B.010 LEGISLATIVE FINDINGS
The purpose of this Chapter is to establish special interim
standards for the protection of Critical Areas in compliance with
the provisions of the Washington Growth Management Act of 1990 (RCW
36.70 A and HB 2929) and to supplement the development requirements
contained in the Edmonds Municipal Code, for the purpose of
regulating development of lands, based on the existence of Critical
Areas as defined in this Chapter. The standards and procedures
established in this Chapter are intended to protect environmentally
Critical Areas while accommodating the rights of property owners to
use their property in a reasonable manner. It has been determined
that the City of Edmonds does not contain any Natural Resource Lands
as defined by the Growth Management Act.
By regulating development and alterations to Critical Areas and
their buffers this Chapter seeks to:
A. Protect members of the public, and public and private resources
and facilities from injury, loss of life, property damage or
financial losses due to flooding, erosion, landslide., seismic
events, soils subsidence or steep slope failure;
B. Protect unique, fragile and valuable elements of the
environment including streams, wetlands, wildlife and its
habitat;
C. Mitigate impacts to environmentally Critical Areas and their
buffers that are excepted, allowed, or otherwise authorized
under this Chapter by regulating alterations in and adjacent to
them;
D. Reduce cumulative adverse environmental impacts to water
availability, water quality, wetlands, streams and other
aquatic resources;
E. Alert members of the public, including: appraisers, assessors,
owners, potential buyers, or lessees, to the development
limitations of Critical Areas and their required buffers; and
F. Provide City officials with the information and authority to
protect Critical Areas and their buffers, and implement the
policies of the State Environmental Policy Act, RCW CH. 43.21C,
the City of Edmonds Comprehensive Plan, and the Growth
Management Act of 1990.
(05/31/92) 267-1
20.15B.020 DEFINITIONS
For purposes of this Chapter, the follo.ing definitions shall apply:
A.
Adiacent. "Adjacent" means a development proposal within an
area to twice the standard buffer as set back established by
this Chapter for the Critical Area.
B.
Alteration. "Alteration" means any human -induced action which
J
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 a Critical Area.
C.
Best Management Practices. "Best Management Practices" means
a system of practices'and management measures that:
1. Control soil loss and reduce water quality degradation
caused by nutrients, animal waste, and toxics;
2. Control the movement of sediment and erosion caused by
land alteration activities;
3. Minimize adverse impacts to surface and ground water
f�
quality, flow, and circulation patterns: and
�®
4. Minimize adverse impacts to the chemical, physical, and
biological characteristics of critical areas.
"Buffer"
D.
Buffer. means the designated area immediately next to
and a part of a.steep slope or landslide hazard area and which
rn
protects slope stability, attenuation of surface water flows
and landslide hazards reasonably necessary to minimize risks to
persons or property; or a designated area immediately next to
and part of a stream or wetland that is an integral part of the
stream or wetland ecosystem.
�� 7
E.
City. "City" means the City of Edmonds.
"Class"
rn
F.
Class. or "wetland class" means descriptive categories
of wetland vegetation communities within the wetlands taxonomic
classification system of the U.S. Fish and Wildlife Service
•
(Cowardin, et al 1979).
G.
Clearing. "Clearing" means the act of cutting and/or removing'
vegetation. This definition shall include grubbing vegetation.
267-2
(05/31/92)
20.15B.020
20.15B.020
H. Compensation Proiect. "Compensation Project" means an
action(s) specifically designed to replace project induced
Critical Area or buffer losses. Compensation project design
elements may include, but are not limited to: land acquisition
procedures; detailed plans including: functional value
assessments, detailed landscaping designs, construction
drawings, and monitoring and contingency plans.
1. Compensatory Mitigation. "Compensatory Mitigation" means
replacing project induced Critical Area or buffer losses or
impacts. Compensatory mitigation can include, but is not
limited to restoration or creation of lost or impacted
functional values. Enhancement of Critical Areas may be used
for partial compensatory mitigation per the requirements of
Section 20.158.160 of this Chapter.
J. Creation. "Creation" means a compensation project performed to
intentionally establish a wetland or stream at a site where one
did not formerly exist.
K. Critical Areas. "Critical Areas" for the City of Edmonds means
fish and wildlife habitat conservation areas, frequently
flooded areas, geologically hazardous areas, streams, and
wetlands, each as defined within this Section of this Chapter.
L. Critical Habitat. "Critical Habitat" means habitat areas
associated with endangered, threatened, rare, sensitive, or
monitor species as defined by the State of Washington,
Department of Natural Resources, or the U.S. Fish and Wildlife
Service. These habitats, if altered, could reduce the
likelihood that the species will maintain and reproduce over
the long term. Such habitat areas are documented with
reference to lists, categories, and definitions of species
promulgated by the Washington Department of Wildlife (Non -game
Data System Special Animal Species) as identified in WAC 232-
12-011 or 232-12-014 and in the Priority Habitat Species lists
compiled in compliance with WAC 365-190-080; or by rules and
regulations adopted currently or thereafter by the U.S. Fish and
Wildlife Service.
M. Developable Area. "Developable Area" means the area outside of
any Critical Area and its required setback or buffer.
N. Development Proposal. "Development Proposal" means any
activity relating to the use and/or development of land
requiring a permit or approval from the City, including but not
limited to: commercial or residential building permit; binding
site plan; conditional use permit; franchise: right-of-way
permit; grading and clearing permit; mixed use approval;
planned residential development; shoreline conditional use
permit; shoreline substantial development permit; shoreline
variance; short subdivision; special use permit; subdivision;
(05/31/92)
267-3
flood hazard permit; unclassified use permit; utility and other
use permit; variance; rezone: or any subsequently required
permit or approval not expressly exempted by this Chapter.
Enhancement. "Enhancement" means an action taken to improve
the condition and function of a Critical Area. In the case of
wetland or stream, the term means a compensation project
performed to improve the conditions -of an existing degraded
wetland or stream to increase its functional value.
P. Erosion. "Erosion" means the process in which soil particles
are mobilized and transported by natural agents such as wind,
rain, frost action, or stream flow.
Q. Existing and Ongoing Agriculture. "Existing and Ongoing
Agriculture" means those activities conducted on lands defined
in RCW 84.34.020(2), and those activities involved in the
production of crops or livestock. Activities may include the
operation and maintenance of farm and stock ponds or drainage
ditches; operation and maintenance of existing ditches,
J irrigation systems including irrigation laterals, canals, or
irrigation drainage ditches; changes from one type of
agricultural activity to another agricultural activity; and
normal maintenance, repair, or operation of existing
serviceable structures, facilities, or improved areas.
Activities which bring a non agricultural area into
agricultural use are not part of an ongoing operation. An
operation ceases to be ongoing when the area on which it is
conducted is converted to a nonagricultural use or has lain
idle for more than five years.
R. Fish and Wildlife Habitat Conservation Areas. "Fish and
Wildlife Habitat Conservation Areas" means those areas within
the City of Edmonds which provide habitat for state or
federally listed rare, endangered, threatened, or sensitive
species; for species of local importance as defined by this
Chapter and identified in the Administrative Rules; or for
habitat communities of exceptional habitat value inventoried
and mapped within the City.
S. Floodplain. "Floodplain" means the total area subject to
inundation by a 11100-year flood". 11100-year flood" means a
flood having a one percent chance of being equaled or exceeded
in any given year.
•
T. Frequently Flooded Areas. "Frequently Flooded Areas" means •
those lands in the floodplain subject to a one percentor
greater chance of flooding in any given year. These areas
include, but are not limited to: streams, rivers, lakes,
coastal areas, wetlands, and the like.
267-4
(05/31/92)
20.15a.020
2o.15s.020
U. Functions. "Functions" means the roles served by Critical
Areas including, but not limited to: water quality protection
and enhancement; fish and wildlife habitat; food chain support;
flood storage, conveyance and attenuation; groundwater recharge
and discharge; erosion control; :rave attenuation; aesthetic
value protection; and recreation. These roles are not listed
in order of priority.
V. Geologically Hazardous Areas. "Geologically Hazardous Areas"
means areas that because of their susceptibility to erosion,
landslide, sliding and/or potential seismic instabilities, are
not suited to development consistent with public health or
safety concerns. For the City of Edmonds these areas include
the following:
1. Erosion Hazard Areas are those areas of the City of
Edmonds containing soils •.which may experience severe to
very severe erosion hazard. This group of soils includes
but is not limited to the following when they occur on
slopes of fifteen percent (15%) or greater:
a. Alderwood soils (15%-253 slopes)
b. Alderwood/Everett Series (258-70% slopes)
C. Everett Series (15%-25% slopes)
2. Landslide Hazard Areas are those areas of the City of
Edmonds which, by reason of excessively steep slopes,
unsatisfactory foundation support, stability or
topography, has a risk of earth subsidence and landslide
hazard in excess of normal allowances. The 1979 report of
"Roger Lowe Associates, as amended by the 1985 report of
Geoengineers, Inc.,• and the landslide hazard maps
established as a part of said reports, are incorporated by
this reference and made a part of this Chapter as fully as
if herein set forth. Areas designated on said maps, or
areas which match the criteria as Geological Hazard Areas
as defined by this Chapter shall be subject to the
requirements of this Chapter. Field criteria for
identifying Landslide Hazard areas include the following:
a. Any area with slopes greater than fifteen percent
(15%) and impermeable soils (typically silt and
clay) frequently interbedded with granular soils
(predominantly sand and gravel) and springs or
groundwater seepage;
b. Any area which includes areas with significant
visible evidence of groundwater seepage, and which
also includes existing landslide deposits,
regardless of slope;
C. Any area which has shown movement during the
Holocene epoch (from 10,000 years ago to present) or
which is underlain by mass wastage debris of that
epoch as determined by a qualified geologist or
geotechnical consultant;
d. Any area potentially unstable as a. result of rapid
stream incision or stream bank erosion; or
e. Any area located on an alluvial fan, presently
subject to, or potentially subject to, inundation by
debris flow or deposition of stream -transported
sediments.
3. Steep Slope Hazard Areas are those areas where the ground
rises at an inclination of 30% or more within a vertical
elevation change of at least ten feet (a vertical rise of
ten feet or more, for every thirty-three feet of
horizontal distance). A slope is delineated by
establishing its toe and top, and measured by averaging
the inclination over at least ten feet of vertical
distance.
Seismic Hazard Areas are those areas subject to severe
risk of earthquake damage as a result of seismically
induced landslides, earth adjustments, settlement or soil
liquefaction.
W. Geologist. "Geologist" means a person who has earned a degree
in geology from an accredited college or university and has at
least five years of experience as a practicing geologist or
four years of experience and at least two years of post-
graduate study, research or teaching. The practical experience
shall include at least three years work in applied geology and
landslide evaluation in close association with qualified
practicing geologists and geotechnical/civil engineers.
X. Geotechnical Engineer. "Geotechnical Engineer" means a
practicing geotechnical/civil engineer licensed as a
professional civil engineer in the state of Washington who has
at least four years of professional employment as a
geotechnical engineer in responsible charge including
experience with landslide evaluation.
Y. Grading. "Grading" means any one or combination of excavating,
filling, or disturbance of that portion of the soil profile
which contains decaying organic matter.
Z. Habitats of Local Importance. "Habitats of Local Importance"
include a seasonal range or habitat element with which a given
species has a primary association, and which, if altered, may
reduce. the likelihood that the species will maintain and
(05/31/92) 267-5 267-6 (05/31/92)
•
20.15B.020
20.15B.020
reproduce over the long-term. These might include areas of high
relative density or species richness, breeding habitat, winter
range, and movement corridors. These might also include
habitats that are of limited availability or high vulnerability
to alteration, such as cliffs, shorelines, coastal beaches,
mud flats and eel -grass beds, and wetlands.
AA. Long-term Commercial Significance. "Long-term Commercial
Significance" means the growing capacity, productivity, and
soil composition of the land for long-term commercial
production, in consideration with the land's proximity to
population areas, and the possibility of more intense uses of
land.
BB. Mitigation. "Mitigation" means the use of any or all of the
following actions that are listed in descending order of
preference:
1. Avoid the impact altogether by not,taking a certain action
or parts of an action;
2. Minimize impacts by limiting the degree or magnitude of
the action and its implementation, by using appropriate
technology, or by taking affirmative steps to avoid or
reduce impacts;
3. Rectify the impact by repairing, rehabilitating or
restoring the affected Critical Area;
a. Reduce or eliminate the impact over time by preservation
or maintenance operations during the life of the
development proposal;
5. Compensate for the impact by replacing, enhancing or
providing substitute Critical Areas and environments; and
6. Monitor the impacts and take appropriate corrective
measures.
CC. Native Growth Protection Easements. "Native Growth Protection
Easements (NGPE)" means an easement granted to the City for the
protection of native vegetation within a Critical Area or its
buffer.
DD. Native Vegetation. "Native Vegetation" means vegetation
comprised of plant species which are indigenous to the Puget
Sound region and which reasonably could have been expected to
naturally occur on the site. Native vegetation does not
include noxious weeds as defined by the State of Washington or
federal agencies.
(05/31/92)
267-7
EE. Natural Resource Lands. "Natural Resource Lands" means
agricultural, forest, and mineral resource lands which have
long-term commercial significance.
FF. Noxious Weeds. "Noxious weeds" means any plant which when
established is highly destructive, competitive or difficult to
control by cultural or chemical practices, as further listed in
Title 16-750 WAC.
GG. Qualified Critical Area Consultant. "Qualified Critical Area
Consultant" means a person who has the qualifications specified
below to conduct Critical Areas studies pursuant to this
Chapter, and to make recommendations for Critical Areas
mitigation. For areas of potential geologic instability, the
qualified Critical Areas consultant shall be a geologist or
geotechnical engineer. For wetlands and streams, the qualified
Critical Areas consultant shall be a specialist in botany,
fisheries, wetland biology, and/or hydrology with a minimum of
two years field experience with wetlands and/or streams in the
Pacific Northwest.
HH. Resource Lands. "Resource Lands" means areas with long-term •
commercial timber, agricultural, and mineral values.
II. Restoration. "Restoration" means the actions necessary to
retukn a stream, wetland or other Critical Area to a state in
which its stability, and functions and values approach its
unaltered state as closely as possible.
JJ. Species of Local Importance. "Species of Local Importance"
means those species that are of local concern due to their
population status, their sensitivity to habitat manipulation,
or that are game (hunted) species.
KK. Streams. "Streams" means any area where surface waters produce
a defined channel or bed which demonstrates clear evidence,
such as the sorting of sediments, of the passage of water. The
channel or bed need not contain water year-round. This
definition is not meant to include irrigation ditches, canals,
storm or surface water runoff devices or other entirely
artificial watercourses unless they are used by salmonids or
used to convey streams naturally occurring prior to
construction of such watercourse. Streams are further
categorized into Categories 1, 2 and 3 as follows:
267-8
1. Category 1 Streams. "Category 1 Streams" means those
streams where the mean annual flow is greater than twenty
cubic feet per second and it is either defined as
"Shorelines of the State" under the City's Shoreline
Management Regulations and the Edmonds Shoreline Master
Program pursuant to RCW Chapter 90.58.
(05/31/92)
20.15B.020
20.15B.030
2. Category 2 Streams. "Category 2 Streams" means those
streams smaller than Category 1 streams and which are
perennial; or those streams which are perennial or
ephemeral and are used by salmonids.
3. Category 3 Streams. "Category 3 Streams" means those
streams that are intermittent or ephemeral during years of
normal rainfall and are not used by salmonids.
LL. Stormwater Management Manual. "Stormwater Management Manual"
means the Stormwater Management Manual for the Puget Sound
Basin (June 1991, Draft) manual currently in Draft form by the
Washington State Department of Ecology.
MM. Urban Growth. "Urban Growth" means growth that makes intensive
use of land for the location of buildings, structures, and
impermeable surfaces to such a degree as to be incompatible
with the primary use of such land for the production of food,
other agricultural products; or fiber, or the extraction of
mineral resources. When allowed to spread over wide areas,
urban growth typically requires urban governmental services.
Land can by characterized by urban growth when urban growth is
located upon it, or the land is located in relationship to an
area with urban growth on it as to be appropriate for urban
growth.
NN. Vadose Zone. "Vadose Zone" means the surface layers of the
soils and earth which may contain shallow water -tables above
permanent groundwater areas.
00. Wetlands. "Wetlands" means those areas that are inundated or
saturated by ground or surface water at a frequency and
duration sufficient to support, and that under normal
circumstances do support, a prevalence ofvegetation typically
adapted for life in -saturated soil conditions. Wetlands
include bogs, swamps, marshes, ponds and similar areas. (U.S.
Environmental Protection Agency 40 'CFR 232.2(r)(1988).
Wetlands do not include those artificial wetlands intentionally
created from non wetland sites, including, but not limited to,
irrigation and drainage ditches, grass -lined swales, canals,
detention facilities, wastewater treatment facilities, farm
ponds, and landscape amenities. However, wetlands may include
those artificial wetlands intentionally created from non -
wetland areas created to mitigate conversion of wetlands if
permitted by the City (WAC 365-190-010).
PP. Wetland Functions. "Wetland Functions" means those natural
processes performed by wetlands, such as facilitating food
chain production, providing habitat for nesting, rearing and
resting sites for aquatic, terrestrial or avian species,
maintaining the availability and quality of water, acting as
(05/31/92)
267-9
recharge and/or discharge areas for groundwater aquifers, and
moderating surface water and storm water flows.
20 15B 030 APPLICABILITY AND GENERAL PROCEDURES
Applicability and Compliance. This Chapter establishes
regulations and procedures for the protection of lands which
contain or are adjacent to Critical Areas. Compliance with the
provisions of this Chapter shall be required of all
development proposals within the City, as defined in Section
20.15B.020(N), except as provided in Section 20.15B.040 below.
The City may approve, approve with conditions, or deny any
development proposal in order to comply with the requirements
and carry out the goals, purposes, and objectives of this
Chapter. In the event any provision of this Chapter conflicts
with any other applicable law or Chapter, that which provides
the greatest protection to the Critical Area shall apply.
Prior to fulfilling the requirements of this Chapter, the City
shall not grant any approval or permission to conduct
development or use in a Critical Area.
Administrative Rules. The City Planning Department may develop
and adopt Administrative Rules for the purpose of carrying out
the provisions of this Chapter in a more consistent and
prescribed manner.
C. Inventory and Mapping. This Chapter shall apply to all
Critical Areas located within the City of Edmonds. The City
shall conduct an inventory of the Critical Areas in compliance
with the requirements of the Growth Management Act. Critical
Areas not mapped are presumed to be present within the City and
are protected by the provisions of this Chapter. In the event
that there is a conflict between a mapped Critical Area and the
criteria set forth in this Chapter, the criteria and the site
specific conditions shall control.
20.15B 040 EXEMPTIONS AND EXCEPTIONS
General Exemptions. The provisions of this Chapter and any
administrative rules promulgated hereunder shall not apply to
the following:
1. Emergencies that threaten the public health, safety and
welfare as defined in Title 20.110.020 (D) of the ECDC;
2. Remodelling, reconstruction or replacement of legal
structures and improvements that do not meet the •
requirements of this Chapter but which are in existence on
the date this Chapter becomes effective, provided that
such activity does not increase the potential impact to a
Critical Area or its buffer, or in the case of an existing
structure or improvement in geologically hazardous areas,
267-10
(05/31/92)
20.15B.040
20.15B.050
does not create the potential of soil. movement or risk of
harm or damage to existing uses or development; or to the
public safety;
3. Normal and routine maintenance or repair of existing
utility structures or developed rights-of-aay; or
installation, relocation, replacement, operation, or
alteration of utilities within existing public rights -of -
way or public easements. Alterations caused to fish and
wildlife habitats, streams, or wetlands by utility work
within an existing right-of-way must restore the Critical
Area to, at the least, its former functional value at the
completion of the utility construction;
0. Existing and ongoing agriculture as defined in Section
20.15B.020(Q) of this Chapter., Such activities shall not
allow Critical Areas or their buffers which are not
currently under agricultural use to be converted to
agricultural use. Normal and routine maintenance of
existing irrigation and drainage ditches shall be exempt
except for those ditches used by salmonids; or
i. An application for a building permit for a lot within a
development for which a Critical Area study previously has
been prepared; provided, that ' the previous study
contemplated and evaluated the type of. development
proposed to occur on the lot. This exemption does not
preclude City staff from conditioning a land -division
permit pursuant to the requirements of this Chapter to
require subsequent individual building permit review on
specific lots within a subdivision or short plat.
Except for emergencies as outlined in subparagraph A(1) in this
Section, City Planning staff shall review the proposed action and
determine whether or not the proposal is subject to these exemption
provisions. The intention of this Section is to allow staff to
waive the requirements of this Chapter for actions which are
determined to either not pose any threat to a Critical Area or its
buffer, or which are ongoing and existing activities which were in
place prior to the implementation of this Chapter.
B. Public Aaencv or Utility Exception. If the application of this
ordinance would prohibit a development proposal essential to
its ability to provide service by a public agency or public.
utility, the agency or utility may apply for an exception
pursuant to this section. After holding a public hearing the
hearing examiner may.approve the exception if they find that
there is no other feasible alternative to the proposed
development with less impact on Critical Areas, and the
proposal minimizes the impact on Critical Areas. Any decision
of the hearing examiner is final unless appealed pursuant to
Section 20.15B.180(C). Proposals approved for an Exception by
this section shall be constructed using Best Management
Practices as defined within this Section 20.15B.020(C).
Reasonable Use Exception. If the application of this ordinance
would deny all reasonable use of the property, development may
be allowed which is consistent with the general purposes of
this ordinance and the public interest provided that the
hearing examiner, after a public hearing finds:
1. This ordinance would otherwise deny all reasonable use of
the property;
2. There is no other reasonable use consistent with the
underlying zoning with less impact on the Critical Area
or its buffer;
3. The proposed development does not pose an unreasonable
threat to the public health, safety or welfare on or off
the property;
4. Any proposed alteration of the Critical Area or its buffer •
is minimized to the extent possible to allow for
reasonable use of the property;
5. The proposed activity complies with all state, local, and
federal laws including those related to sediment control,
pollution control, floodplain restrictions, and on -site
wastewater disposal; and
6. The inability to derive reasonable economic use of the
property is not the result of actions by the applicant or
a predecessor in title in segregating or dividing the
property and creating the undevelopable condition after
the effective date of this Chapter.
7. The applicant has pursued all available administrative
remedies to obtain reasonable use including the provisions
of Section 20.15B.180(A).
Any decision of the Hearing Examiner regarding this reasonable use
exception shall be final unless appealed to the City Council
pursuant to Section 20.15B.180(C).
20.15B.050 SEQUENCE OF ACTIONS
When an application for a development proposal, as defined by this •
Title, is made, the following sequence of actions will be required
of the applicant and City staff, prior to the staff accepting the
permit application into the review process. Details of the full
Sequence of Actions will be contained in the Administrative Rules
for this Title.
(05/31/92) 267-11 267-12 (05/31/92)
20.158.060
20.158.070
A. Applicant completes and submits a Critical Areas Checklist, as
provided in the Administrative Rules for this Chapter, to
Planning staff;
B. Staff reviews the Checklist and determines any requirement for
detailed Critical Area study within three weeks of receipt of
the Checklist or waiver for further study as outlined in
Section 20.15B.150;
C. A Pre -application Meeting is conducted by staff to explain the
significance of Critical Areas on the development permit
process and timing. Included will, be an explanation of
Standards of Approval, and applicable Development Standards,
as outlined in Section 20.1513.080 et. seq., and other
applicable state and federal laws. The Pre -application meeting
shall be set at the earliest possible time, after staff review
of the Checklist, for City staff and the applicant;
D. If a Critical Area is determined to be present then there will
be a requirement for a Critical Area Study per Section
20.15B.150 of the Title. The development permit application
will not be considered complete until the completed Critical
Areas study is submitted;
City staff will review the Critical Area Study and the
development proposal within three weeks of receipt;
The development permit application shall be conditioned to meet
the provisions of the Chapter; or, if it is determined that
adverse Critical Area impacts will be authorized, to provide
for reasonable use of a property, then the applicant shall
submit the design of a detailed Compensatory Mitigation Plan
per the standards of Section 20.15B.160; and
City staff shall review the proposed Compensatory Mitigation
Plan to determine acceptance/denial of the proposed
compensation. City staff may request review of the proposal by
resource agency staff or a technical consultant of their
choosing per Section 20.15B.150E.
20.15B.060 PRE -APPLICATION MEETING
When it is determined that a development proposal may impact a
Critical Area or its buffer, the applicant and their representative
shall meet with the City planning official prior to the submittal of
any development permit applications. Prior to the Pre -application
meeting the applicant will have completed a Critical Area Checklist
and submitted it to staff for review.
The purpose of the pre -application meeting is to review the proposed
project in relation to the Standards of Approval, Section
20.15B.080, and the applicable Development Standards, Section
(05/31/92) 267-13
20.1513.090 through Section 20.15B.140; to establish the need for
Critical Area Studies, as outlined in Section 20.15B.150, and, when
potential adverse impacts` to Critical Areas or their buffers are
indicated, to utilize the appropriate sequence of mitigation actions
as outlined in Section 20.15B.160. In addition, the applicant
shall be notified of the existence of federal and state regulations
regarding wetlands or other Critical Areas and that it is the
applicants' responsibility to determine the applicability of state
and federal regulations to the applicants proposed action.
20.1513.070. CLASSIFICATION
Critical Areas. The following areas, as defined in Section
20.15B.020, are classified as Critical Areas: frequently
flooded areas, geologically hazardous areas, streams, wetlands,
and wildlife habitat conservation areas.
1. Fish and Wildlife Habitat Conservation Areas. Fish and
Wildlife habitat conservation areas are those areas within
the City of Edmonds which provide habitat for state or
federally listed rare, endangered, threatened, or
sensitive species; for species of local importance as
identified in the Administrative Rules; or for habitat
communities of exceptional habitat -value inventoried and
mapped within the City. Aquatic habitats and dependent
species such as salmonids are also regulated under Section
20.15B.120, relating to streams, and Section 20.1513.130,
relating to wetlands. Wildlife Habitat Conservation Areas
may be classified into the following two classes based on
the criteria provided:
267-14
a. Critical Habitats.
(i) Known or documented habitat for any species
listed by the state or federal process as rare,
endangered, threatened, or sensitive. Approximate
locations of such habitats will be available for
City staff review on maps located at City Hall and
provided by the Washington State Department of
Wildlife. Mapped locations of habitat for known
listed species shall not be made available for
public disclosure.
(ii) Streams, rivers, and wetlands used by
salmonids. Refer to Sections 20.15B.120 and
20.158.130 for further detail.
b. Significant Habitats.
(i) Inventoried and mapped habitat for species
identified as having local significance within the
City of Edmonds. Areas may include, for example,
(05/31/92)
•
20.15B.070
20.158.070
specific areas known to be utilized by large numbers
of migratory waterfowl, or
(ii) Habitats of significance within the City of
Edmonds as inventoried and mapped during the City's
Critical Area mapping process.
Frequently Flooded Areas. Those lands in the floodplain
subject to a one percent or greater chance of flooding in
any given year. These areas include, but are not limited
to: streams, rivers, lakes, coastal areas, wetlands, and
the like. These lands are regulated under Title 19.97 of
the City of Edmonds Code.
Geologically Hazardous Areas. Those areas subject to
potential erosion, landslide, and/or potential seismic
instabilities, including the following:
a. Erosion Hazard Areas. Erosion Hazard Areas, which
are those areas of the City of Edmonds containing
soils which, may experience severe to very severe
erosion hazard. This group of soils includes but is
not limited to the following when they occur on
slopes of fifteen percent (15%) or greater:
(i) Alderwood soils (15%-252 slopes).
(ii) Alderwood/Everett Series (25%-70% slopes).
(iii) Everett Series (15%-25t slopes).
b. Landslide Hazard Areas. Landslide hazard areas are
those areas of the City of Edmonds which, by reason
of excessively steep slopes, unsatisfactory
foundation support, stability or topography, has a
risk of earth subsidence and landslide hazard in
excess of normal allowances. The 1979 report of
Roger Lowe Associates, as amended by the 1985 report
of Geoengineers, Inc., and the landslide hazard maps
established as a part of said reports, are
incorporated by this reference and made a part of
this Chapter as fully as if herein set forth. Areas
designated on said maps, or areas which match the
criteria as Geological Hazard Areas as defined by
this Chapter shall be subject to the requirements of
this Chapter. Field criteria for identifying
Landslide Hazard areas include the following:
(i) Any area with slopes of fifteen percent (15%)
or greater and impermeable soils (typically silt and
clay) frequently interbedded with granular soils
(predominantly sand and gravel) and springs or
groundwater seepage;
(ii) Any area which includes areas with significant
visible evidence of groundwater seepage, and which
also includes existing landslide deposits regardless
of slope;
(iii) Any area which has shown movement during the
Holocene epoch (from 10,000 years ago to present) or
which is -underlain by mass wastage debris of that
epoch as determined by a qualified geologist or
geotechnical consultant;
(iv) Any area potentially unstable as a result of
rapid stream incision or stream bank erosion; or
(v) Any area located on an alluvial fan, presently
subject to, or potentially subject to, inundation by
debris flow or deposition of stream -transported
sediments.
C. Steen Slooe Hazard Areas. Steep Slope Hazard Areas,
which are those areas where the ground rises at an
inclination of 30% or more within a vertical
elevation change of at least 10 feet (a vertical
rise of 10 feet or more for every 33 feet of
horizontal distance). A slope is delineated by
establishing its toe and top, and measured by
averaging the inclination over at least 10 feet of
vertical distance.
d. Seismic Hazard Areas. Seismic Hazard Areas, which
are those areas subject to severe risk of earthquake
damage as a result of seismically induced
landslides, earth adjustments, settlement or soil
liquefaction.
4. Streams. As defined within Section 20.15B.020(KK) means
any area where surface waters produce a defined channel or
bed which demonstrates clear evidence, such as the sorting
of sediments, or the passage of water. The channel or bed
need not' contain water year-round. Streams are further
classified into Categories 1, 2 and 3 as follows:
J
Category 1 Streams. "Category 1 Streams" means
those streams where the mean annual flow is greater
than twenty cubic feet per second and the stream 19
meets the criteria for a "Shorelines of the State"
under the Edmonds Shoreline Master Program pursuant
to RCW Title 90.58.
(05/31/92) 267-15 267-16 (05/31/92)
20.15B.070
20.158.080
b. Category 2 Streams. "Category 2 Streams" means
those streams smaller than Category 1 streams and
which are perennial; or those that are perennial or
ephemeral and are used by salmonids.
C. Category 3 Streams. "Category 3 Streams" means
those streams that are intermittent or ephemeral
during years of normal rainfall and are not used by
salmonids.
5. Wetlands. Wetlands as defined in Section 20.15B.020(OO)
are.classi.fied according to the following criteria. Note
that the term "class, or wetland class" as defined in
Section 20.15B.020 refers to the U.S. Fish and Wildlife
Service classification of wetlands based on vegetative
communities. The rating of a wetland is determined by
evaluating the entire wetland in question, not just that
portion located on the property in question.
(05/31/92)
a. Category 1 Wetlands. "Category 1 Wetlands" means
wetlands which meet any of the following criteria:
(i) The presence of species listed by the federal
government or state as endangered or threatened, or
the presence of critical or outstanding habitat for
those species; or
(ii) Wetlands having 40% to 60% permanent open
water in dispersed patches with two or more classes
of vegetation; or
(iii) Wetlands equal to or greater than 5 acres in
size and having three or more wetland classes, one
of which is open water; or
(iii) The presence of plant associations of
infrequent occurrence. These include, but are not
limited, to mature forested communities and bog
systems.
b. Category 2 Wetlands. "Category 2 Wetlands" means
wetlands which meet any of the following criteria:
(i) Wetlands greater than 1 acre in size; or
(ii) Wetlands equal to or less than 1 acre and
greater than 2,500 square feet and having two or
more wetland classes; or
(iii) Wetlands equal to or less than 1 acre and
greater than 2,500 square feet that have a forested
wetland class; or
267-17
(iv) The presence of heron rookeries or raptor
nesting trees.
C. Category 3 Wetlands. "Category 3 Wetlands" means
wetlands that are equal to or less than 1 acre and
greater than 2,500 square feet and that have one
wetland class.
20.15B.080 STANDARDS OF APPROVAL
No alteration of a Critical Area or its buffer shall be permitted
unless the City grants an exception pursuant to Section 20.158.040.
In addition, the project must follow the prescribed sequencing of
mitigation as outlined within Section 20.15B.150. Any permitted
alteration of -a Critical Area or its buffer shall comply with the
requirements of this Title.
A. Regulated Activities. Any development proposal, as defined by
this Chapter, which may impact a Critical Area or its buffer,
shall be subject to the conditions and requirements of this
Chapter. Such regulated activities shall be undertaken •
following the sequence of mitigation established within Section
20.15B.160. The following activities within Critical Areas or
their buffers shall be regulated pursuant to this Chapter:
1. The removal, excavation, grading, or dredging of soil,
sand, gravel, minerals, organic matter, or material of any
kind;
2. The dumping, discharging, or filling with any material;
3. The draining, flooding, or disturbing of the water level
or water table;
4. The driving of pilings;
5. The placing of obstructions;
6. The construction, reconstruction, demolition, or expansion
of any structure;
7. The destruction or alteration of the vegetation of
wetlands, wildlife habitat areas, streams, or their
buffers through clearing, harvesting, spraying of
herbicides, shading, intentional burning, or planting of
vegetation that would alter the character of a Critical .
Area, provided that these activities are not part of a
forest practice governed under Title 76.09 RCW and its
rules;
8. Activities that result in a significant change of water
temperature, a significant change of physical or chemical
267-18
(05/31/92)
20.15B.090
20.15B.090
B. Buffers.
characteristics of water sources, including quantity, or
1. General. The City shall have the authority to require
the introduction of pollutants including chemical
buffers on Critical Areas dependent upon the sensitivity
herbicides, fungicides, pesticides, or excess nutrients;
of the Critical Area, the degree of anticipated impact,
and
and the proposed land use adjacent to the Critical Area.
Buffer requirements for each specific type of Critical
9. Activities which bring a Critical Area which is not
Area are contained within the Development Standards
currently in existing or ongoing agricultural use, into
Sections which follow.
agricultural use.
2. Averaging. Standard Critical Area buffers may be
20 15B 090 DEVELOPMENT STANDARDS: GENERAL
modified, by City Planning staff, on a case by case basis.
Averaging buffer widths may be authorized only where the
A. Any development proposal an a site which is within, includes,
applicant demonstrates all of the following:
or is adjacent to any Critical Area must be planned, designed
and appropriately mitigated so as to demonstrate conformance
a. That averaging is necessary to provide reasonable
with the purposes of this Chapter. No alteration of a Critical
use of the property;
Area or its buffer shall be permitted unless the City grants an
exception pursuant to Section 20.15B.040 or as provided below
b. That the Critical Area contains variations in
for the specific category of. Critical Area.
sensitivity due to existing physical characteristics
and that reduction from standard buffer widths will
In addition, the following standards may be required for all
occur only immediately next to the portion of the
Critical Areas:
Critical Area determined to be least sensitive;
1. Sequencing clearing and grading activities to minimize
C. That low intensity land uses would be located
areas of disturbance and allowing for clearing only during
immediately next to areas where buffer width is
the dry season of May 1 through September 30;
reduced, and that such low intensity land uses are
2. Limiting vegetation removal and mandating vegetation
guaranteed in perpetuity by covenant, deed
restriction, easement, or other legally binding
retention;
mechanism;
3. Requiring temporary fencing of clearing limits around
d. That width averaging will not adversely impact the
Critical Areas and their buffers prior to any land
Critical Areas' functional values; and
clearing commencing on site;
e. That the total area contained within the buffer
4. Requiring buffers established pursuant to the development
after averaging is no less than that contained
standards established by this Chapter;
within the standard buffer prior to averaging. In
no instance, except where a previously existing
5. Requiring additional building setbacks or the
legal encumbrance exists, shall the buffer width be
establishment of Critical Areas as natural open spaces;
reduced to less than 50% of the standard buffer
width required.
6. Limiting or reducing the types or densities of particular
uses;
When a buffer is reduced, a buffer enhancement plan using
native vegetation and'fencing where appropriate must be
7. The preparation of specific site management plans for
reviewed and submitted for the area of remaining buffer.
temporary sedimentation, erosion control, or other
The purpose of the buffer enhancement plan is to improve
purposes; or
the function of the buffer to provide adequate protection
to the Critical Area.
Site restoration to, at the least, the pre-existing
•B.
conditions.
3. Increasing. Standard buffers may be increased on a
case -by -case basis when Planning Staff or their
representative determines that a larger buffer is
.
necessary to protect the Critical Area functions and
values known to be particularly sensitive to disturbance.
(05/31/92) 267-19
267-20 (05/31/92)
20.15B.090
20.15B.100
A substantiated determination, prepared by staff or their
representative, shall be attached as a permit condition
and shall demonstrate that:
a. A larger buffer is necessary to maintain viable
populations of existing species; or
b. The Critical Area is used by species proposed or
listed by the federal government or the state as
Endangered, Threatened, Rare, or Sensitive; that
critical or outstanding potential habitat for those
species is present; or that nesting sites such as
heron rookeries or raptor nesting trees are present
in the Critical Area or its buffer; or
C. The Critical Areas located within 25 feet of the toe
of slopes equal to or greater than 30%. Such
buffers may be increased to include the top of
slopes determined to be erosion hazards; or
d. The land use which is proposed is incompatible with
the Critical Area in question.
C. Building Setback Lines. A building setback line of 15 feet is
required from the edge of any buffer to prevent construction
intrusions into the buffer. The setback shall be identified on
the site plan which is filed as an attachment to the notice on
title required by Section 20.15B.170(B).
D. Authority to Condition or Deny. In addition to its general
authority under this Chapter and any other applicable law or
Chapter, the City may condition or deny a development proposal
if it is determined that the development proposal will increase
the potential of soil movement or otherwise result in an
unacceptable risk of injury to persons or damage to the
structure, site or adjacent properties; or will result in an
unacceptable risk of significant harm to a Critical Area or its
functional values. The City further shall have the authority
to impose conditions for each Critical Area as provided in
Sections 20.15B.090 through Section 20.15B.140.
E. Construction Monitoring. The City may require that a qualified.
Critical Area consultant, at the direction of the City, monitor
the development proposal site during construction at the
applicant's expense. The qualified Critical Area consultant
shall monitor compliance with the conditions or restrictions
imposed by the City Department of Community Development. The
conditions imposed by the City may be based on the
recommendations in the Critical Area Study conducted per the
requirements of Section 20.15B.150 or a Mitigation plan
conducted per the requirements of Section 20.15B.160. ,
(05/31/92)
267-21
The City may require the qualified Critical Area consultant to
make written, dated monitoring reports on the progress of the
construction at such timely intervals as may be specified. The
City may require a final statement from the qualified Critical
Area consultant that, in his or her professional opinion, based
upon site observations and testing during the monitoring of the
construction, the completed development substantially complies
with the recommendations in the Critical Area study and all
conditions of approval.
F. Assurance Devices. The City may require appropriate assurance
devises, such as performance bonds, in a form approved by the
City attorney whenever the City determines that the public
interest would not be served by the issuance of a permit in a
Critical Area without some assurance of a means of providing
for restoration of such areas or repair of property damage that
may be caused by construction in such areas. Performance bonds
may be required for an amount equal to 120% of the estimated
costs of designing and constructing the required compensation.
201an 1n0 DEVELOPMENT STANDARDS: FISH AND WILDLIFE HABITAT
CONSERVATION ZONE
These areas are to be conserved for the management and maintenance
of fish and wildlife habitat. wildlife Habitat Conservation zones
may overlap with other identified Critical Areas within the City of
Edmonds. Likely areas of overlap include frequently flooded areas,
geologically hazardous areas, streams, and wetlands.
When fish and wildlife habitat zones overlap with other Critical
Areas within the City of Edmonds, the development standards
established for the overlapping Critical Area(s) shall apply. if
multiple Critical Areas overlap in a zone, the most restrictive
conditions shall apply.
20 151311n DEVELOPMENT STANDARDS: FREQUENTLY FLOODED AREAS
Standards for Frequently Flooded Areas shall meet the requirements
of Title 19.97, Flood Plain Management, of the City of Edmonds
Community Development Code.
20,15B.120 DEVELOPMENT STANDARDS: GEOLOGICALLY HAZARDOUS AREAS
A. General Standards. No alteration of an area of potential
geologic instability or its buffer shall be allowed unless the
City grants an exception pursuant to Section 20.15B.040 or the
City finds:
1. There is no evidence of past instability or earth movement
in the vicinity of the development proposal and
quantitative analysis of slope stability presented by a
qualified Critical Areas consultant indicates no
267-22
(05/31/92)
0
20.15B.120
20.158.120
significant risk to the development proposal or adjacent
properties; or
The area of potential geologic instability can be modified
or the project can be designed so that any potential
impact to the project or adjacent properties is eliminated
or mitigated and the development proposal is certified as
stable by a licensed geologist or geotechnical engineer.
The development proposal should cause no increase in
surface water discharge or sedimentation and should not
decrease slope stability; or
Timber harvest pursuant to a Washington State Department
of Natural Resources approved forest practice permit may
be allowed.
Alteration of any geologically hazardous area which is
authorized shall meet the following standards:
1. Clearing of vegetation is allowed only within the dry
season, generally from May 1 through September 30;
2. only clearing necessary to install temporary sedimentation
and erosion control measures for an approved development
proposal prior to clearing for roadways, utilities, or
storm drainage plan;
3. Clearing limits for roads, sewer, water, storm water or
other utilities, and temporary erosion control facilities
shall be marked in the field and approved by City staff
prior to any alteration of existing vegetation or
commencement of other site work;
Clearing authorized for roads and utilities shall be the
minimum necessary to accomplish the project specific
engineering designs and shall remain within the field
approved rights -of -way;
No clearing of vegetation on lots or parcels will be
allowed except that provided within approved rights -of -way
identified above; and
6. In order to minimize impacts to critical Areas and the
vegetation identified to be left remaining on .-site,
clearing which is authorized may be required to be
conducted pursuant to an approved clearing and skidding
plan designed to minimize impacts to soil and understory
vegetation by providing for sequencing and staging where
appropriate.
B. Buffers. Buffers for geologically hazardous areas shall be 50
feet in width, they shall be maintained with their native
vegetation, and where appropriate, be placed within the
Critical Areas tract.
C. Erosion Hazard Areas. Alterations within identified Erosion
hazard areas shall not be authorized without an approved
Erosion control plan which includes staged clearing, where
appropriate. Clearing or disruption of the soils within an
Erosion hazard area shall be kept at the minimum necessary to
provide reasonable use of the site.
D. Landslide Hazard Areas. Landslide hazard areas located on
slopes less than 30% shall only be approved to be altered if
both of the following provisions are met:
1. Proposed development will not decrealse slope stability on
any adjacent property, and
2. The landslide hazard to the project and adjacent property
is eliminated or mitigated such that the proposed
development on the site is certified as stable by a
licensed professional geologist or geotechnical engineer.
Any landslide hazard area and its buffer which combined are
greater than 1 acre in size, shall be placed in a Critical Area
tract for any proposed Master Plan Development, subdivision,
short -subdivision, or Planned Residential Development, . pursuant
to Section 20.15B.170. Where alterations are authorized City
staff shall determine whether the remaining portion(s) of the
landslide • hazard area shall be placed within a Critical Areas
tract.
Landslide areas located on slopes greater than 30% shall be
regulated pursuant to Section 20.15B.10(E).
E. Steep Slope Hazard Areas. No development or alteration shall
be allowed in steep slope hazard areas unless an exception is
approved pursuant to Section 20.15B.040 or unless the
development or alteration is one of the following:
1. Surface water conveyance designed to the best available
technical standard, such as the Stormwater Management.
Manual, approved by the .City. Installation shall
absolutely minimize disturbance to the slope, soils, and
vegetation;
2. Trails construction designed to the best available •
technical standard approved by the City. Technical
standards are provided in the U.S. Forest Service "Trails
Management Handbook" (FSH 2309.18, 1987) and "Standard
Specifications for Construction of Trails" (EM-7720-102,
1984). In no case shall trails be constructed of
impervious materials which would contribute to surface
(05/31/92) 267-23 267-24 (05/31/92)
20.15B.130 20.15B.130
water runoff, unless such materials are necessary to
provide for soil stabilization or erosion control, and
trail design assures that surface water runoff will not
increase or contribute to erosion and sedimentation;
Utility construction by private or public proponents may
be allowed provided that City staff determines upon review
of a Critical Area study that the proposed alteration
shall not subject the steep slope to the risk of landslide
or erosion;
Trimming and limbing of vegetation on steep slopes may be
provided if a clearing plan is provided for review and
approval by the City and provided that the soils within
the steep slope area are not disturbed to subject the area
to the risk of erosion. Clearing shall be subject to the
requirements of Title 18.45 of the ECDC; and
Steep slopes of 30% or greater but with a vertical change
of 20 feet or less may be exempted from the provisions of
this section based on City staff review of a report
prepared by licensed geologists or a geotechnical engineer
which demonstrates that no adverse impacts will result
from the proposed actions.
Seismic Hazard Areas. Development proposals for sites
containing a potential seismic hazard area shall only be
authorized by staff to alter the seismic hazard area when the
applicant documents that:
A technical evaluation of the sites specific subsurface
conditions indicates that the site is not located within
a seismic hazard area; or
2. Mitigation is implemented which renders the proposed
development as stable if it were not located within a
seismic hazard area.
City staff may rely upon independent review of the technical
analysis of site conditions pursuant to Section 20.15B.150.
20.15B.130 STANDARDS: STREAMS
No alteration to a stream or buffer shall be permitted unless the
City grants an exception pursuant to Section 20.15B.040 or unless
one of the following applies. In all cases of stream alteration,
crossing, or proposed work within the channel all City, state, and
federal regulations shall apply. Based on the definitions within
Section 20.15B.020, the City of Edmonds, at the time of adoption of
this Chapter does not contain any Class 1 streams; language
regarding these streams are present in order to regulate those Class
(05/31/92)
267-25
1 streams which the City may at some point incorporate into its
jurisdiction.
A. Stream Crossings. For Category 1 streams, crossings may be
allowed only if all reasonable construction techniques and best
management practices are used to avoid disturbance to the
stream bed or bank. 'Upon completion of construction, the area
affected shall be restored to an appropriate grade, replanted
with native species and/or otherwise protected according to a
plan approved by the planning official, and maintained and
monitored per the requirements of Section 20.15B.160(B). For
all Categories of streams, the applicant must demonstrate that
best management practices will be used during construction to
provide the following:
1. Fisheries protection, including no interference with fish
migration or spawning;
2. All crossings shall be constructed during summer low flow
periods and shall be timed to avoid stream disturbance
during periods when stream use is critical to salmonids;
3. Crossings shall not occur over salmonid spawning areas •
unless no other possible crossing site exists;
4. Crossings and culverted portions of the stream shall be
minimized to the extent feasible and serve multiple _
purposes and multiple lots whenever possible;
5. Roads may cross streams only on previously approved
rights -of -way, provided no practical alternative exists
and adequate provision is made to protect and/or enhance
the stream through appropriate mitigation. Roads shall be
designed and ,located to conform to topography, and
maintained to prevent erosion and restriction of the
- natural movement of groundwater as it affects the stream;
6. Roads and utilities shall be designed in conjunction, to
minimize the area of disturbance to the stream; and
7. Roads shall be constructed so as to minimize adverse
impacts on the hydrologic quality of the stream or
associated habitat to a degree acceptable to the City.
B. Stream Relocations. Relocation of a stream to provide greater
reasonable use of a property shall only be authorized under the
following conditions: •
1. Category 1 streams shall not be relocated;
267-26
(05/31/92)
20.158.130
20.158.140
2. Category 2 streams shall not be relocated except for
2• Limiting vegetation removal and mandating vegetation
public road projects which have been authorized by the
retention;
exception process set out in Section 20.15B.040; and
3. Requiring buffers established pursuant to the development
3. Category 3 streams may be relocated under a mitigation
standards established by this Title;
plan for the purpose of enhancement of in -stream resources
4. Requiring additional building setbacks or the
provided all appropriate floodplain protection measures
are used, and the requirements of the Stormwater
establishment of Critical Areas Tracts and/or native
Management Manual, and all other applicable permit and
growth protection easements pursuant to Section
code requirements have been met.
20.15B.170;
C. Trails. After reviewing the proposed development and technical
5. Limiting or reducing the types or densities of particular
reports, City Planning staff may determine that a
p y g y pedestrian -
uses;
only trail may be allowed in the outer 25% of a stream buffer,
provided non impervious surface materials are used, all
6. Requiring the preparation of specific site management
appropriate provision is made to protect water quality, and all
plans for temporary sedimentation, erosion control, or
applicable permit requirements have been met. No motorized
other purposes; or
vehicles shall be allowed within a stream or its buffer except
7. Requiring site restoration.
as required for necessary maintenance or security. Vegetative
edges, structural barriers, signs or other measures must be
provided wherever necessary to protect streams by limiting
G. Buffers: Streams. Buffers for streams shall be measured on
access to designated public use or interpretive areas. Access
each side of the stream, from the top of the bank. The
areas must incorporate design features and materials which
following are the standard buffers for streams:
protect water quality and allow adequate surface and
groundwater movement, and must be located so as not to disturb
Category 1 streams and Category 2 streams with salmonids shall
nesting, breeding, and rearing areas.
have a 50 foot buffer.
D. Stream Channel Stabilization. Stream channel stabilization may
Category 2 streams shall have a 25-foot buffer..
be allowed only when movement of the stream channel threatens
existing residential or commercial structures, public
Category 3 streams shall have a 10-foot buffer.
improvements, unique natural resources, or the only possible
existing access to a legal lot. Channel stabilization must be
20.15B.140 DEVELOPMENT STANDARDS: WETLANDS
done in compliance with the provisions of this Title and other
applicable City, state and federal codes and regulations.
Alteration to wetlands and their buffers shall only be allowed
E. Drainage Ditch Maintenance. When drainage ditches that carry
pursuant to the provisions of Section 20.15B.040. Any authorized
salmonids are maintained it shall be conducted with the use of
alteration a wetland must follow the prescribed sequencing of
best management practices developed in consultation with
mitigation ass outlined in Section 20.158.160 of this Title. Impacts
resource agencies with expertise and/or jurisdiction. These
to wetlands or their buffers shall be compensated for at the
features may be regulated as Category 2 streams pursuant to the
replacement ratios specified in Sections .130(D), and pursuant
requirements of this Chapter.
to compensatory mitigation plan as required wthin Section 20.15B.
red within
F. Development Conditions. Conditions on development proposals
A. Alterations.
involving streams and their associated buffers may include,
1. Category 1 Wetlands.
among other things, the following, provided, nothing herein
shall be construed to otherwise limit the City's authority to
impose conditions designed to meet the and objectives
No alteration to Category 1 wetlands shall be authorized .
purposes
of this Title:
unless as exempted within Section 20.156.040 or excepted
for substantiated. reasonable use within section
1. Sequencing clearing and grading activities to minimize
20.15B.040(C). Category 1 wetlands or their buffers shall
areas of disturbance;
not be used for stormwater management purposes including
engineered retention/detention or constructed
(05/31/92) 267-27
267-28 (05/31/92)
20.15B.140
20.15B.150
biofiltration features such as bio-swales. Conveyance of
pre-treated stormwater may be allowed to pass through the
buffer into the Category 1 wetland if the manner of
conveyance mimics that found in the natural buffer
condition, i.e. infiltration and/or sheet flow.
Category 2 Wetlands.
No alteration to Category 2 wetlands shall be authorized
unless as exempted within Section 4.0.0 or excepted for
substantiated reasonable use within section 4.3.0.
Category 2 wetlands shall not be used for stormwater
management purposes including retention/detention unless
such use is part of a publicly designed and funded program
to control identified stormwater problems for the greater
public good or a program installed pursuant to a private
development permit which is constructed to public
standard, consistent with city policy such as a basin
study and dedicated to and accepted for public use.
When use of Category 2 wetlands for retention/detention
purposes is authorized, all requirements of the Stormwater
Management Manual shall be met, and the proposal and
design is in compliance with the latest findings of the
Puget Sound Wetlands Research Project, and the applicant
demonstrates to the satisfaction of City Planning staff
that no adverse impacts will occur to the functional
values of the wetland.
Treatment of stormwater for water quality concerns shall
not be allowed within the buffers of Category 2 wetlands.
Conveyance of stormwater may be allowed through the buffer
if upon review of the project design, staff determines
that the proposed conveyance method poses a minimum risk
to the function and value of the buffer and no adverse
impacts are posed to the wetland itself.
3. Category 3 Wetlands. The following use for stormwater
management and conveyance shall apply: vegetation -lined
swales designed for stormwater management may be placed
within the outer 25% of the buffer when topographic
restraints determine there are no other upland alternative
locations. Swales used for conveyance of stormwater may
be placed through the buffer only if that is shown to be
the most effective and nonimpacting manner to convey
pre-treated stormwater into the wetland. Category 3
wetlands shall not be used for the treatment of stormwater
for water quality.
Wetland Edge Delineation. The Federal Manual for Identifying
and Delineating Jurisdictional Wetlands (1989) shall be used
for conducting wetland delineations for the requirements of
this Title. Data collected during a delineation study shall be
included as part of the wetland study requirements for Section
20.15B.150(C).
Required Buffers: Standard. The following buffers shall be
required for wetlands based on the Category of wetland as
outlined in Section 20.15B.070(A)(5) of this Title. The City
may allow buffer averaging per the requirements and limitations
within Section 20.15B.090(B)(2).
Buffer conditions shall prohibit or limit the removal or
alteration of existing vegetation in the buffer areas as
necessary to preserve the functions of the wetland. Any
disturbance of the buffer areas shall be replanted with a
diverse plant community of native vegetation appropriate for
the site approved by the City.
Category 1 100 foot
Category 2 50 foot
Category 3 25 foot
D. Replacement Ratios. Any person who alters or proposes to alter
a wetland or its buffers shall restore or create equivalent or
greater areas of wetland or buffer than those altered in order
to compensate for wetland or buffer losses. The following
ratios apply to creation or restoration which is in -kind,
on -site, and timed prior to or concurrent with alteration.
These ratios do not apply to remedial actions resulting from
illegal alterations. The first number specifies the acreage of
wetlands requiring replacement (created) and the second
specifies the acreage of wetlands altered (lost).
Category 1: 6:1
Category 2:
forested 3:1
shrub 2:1
emergent 1.5:1
Category 3: 1.25:1
20,15B.150 CRITICAL AREA STUDIES
A. Required. When an application for a development proposal on a
site that includes, is adjacent to, or could significantly
impact a Critical Area is proposed, City staff shall require
the submission of a Critical Area study, prepared by a
qualified consultant, pursuant to the requirements of Section
20.15B.150. Staff shall make a determination whether the
development proposal site includes, is adjacent to, or faces
potentially significant impacts to a Critical Area or its
buffer. That determination shall be rebuttable and the
(05/31/92) 267-29 267-30 (05/31/92)
•
20.15B.150
20.15B.160
decision of the Director or Building Official that any area
lies within a Critical Area or its buffer shall be appealable
as a staff decision in accordance with provisions of ECDC
20.105.010 (A)(3).
waivers. When staff determines, based on review of the
Critical Area Checklist, a preliminary field investigation, and
the review of technical information available to staff, that:
1. There will be no alteration of the Critical Area or its
required buffers pursuant to the requirements of this
Chapter;
2. The development proposal will not impact the Critical Area
in a manner contrary to the goals, purposes, objectives
and requirements of this Chapter; and
3. The development proposal meets the minimum standards of
this Chapter; then
4. Staff may waive the requirement for a more detailed
Critical Area study.
In no case may staff waive the need for a detailed Compensatory
Mitigation Plan if Critical Area impacts*are identified, unless
the applicant is proposing to use a plan already reviewed and
approved by staff which meets the criteria and standards of
this Chapter.
C. Critical Area Studies: Contents. when it is determined by the
staff of the City that a Critical Area study is required for a
development activity proposal, the minimum criteria for study
content specific to each Critical Area type will be required.
Detailed criteria will be provided within the Administrative
Rules for this Chapter. When proposing compensatory mitigation
designs, additional detailed studies will be required.
D. City Approved 2Critical Areas Consultant. Promptly following
the effective date of this ordinance, and at the beginning of
every calendar year thereafter, the City shall issue a Request
for qualifications and Proposals from qualified Critical Areas
technical consultants for the purpose of identifying qualified
consultants for the City. An applicant may choose one of the
qualified technical consultants on the City's approved list in
preparing Critical Area studies per the requirements of this
Chapter or may apply to utilize an alternative consultant. If
an alternative consultant is approved he/she should be added to
the approved list. An alternative consultant shall meet all
criteria for inclusion on the City's list of approved
consultants. The applicant, the consultant, and the City shall
enter into a three party contract for the purpose of conducting
(05/31/92)
267-31
the Critical Areas study. All costs associated with the
Critical Area study shall be born by the applicant.
Independent Review. Based on a review of the information
contained in the Critical Area study and the conditions of the
development proposal site, the planning official may require
independent review of any such study. This independent review
shall be performed by a qualified technical consultant selected
by the City and paid for by the City. The purpose of such
independent review is to provide the City with objective
technical assistance in evaluating the accuracy -of submitted
reports and/or the effects on Critical Areas which may be
caused by a development proposal and to facilitate the
decision -making process. Staff may have technical assistance
provided by appropriate resource agency staff if such
assistance is available in a timely manner.
20.15B.160 MITIGATION
Mitigation Sequence. As defined in this Chapter mitigation
includes avoiding, minimizing or compensating for adverse
impacts to a Critical Area or its buffer. When a proposed
development activity poses potential adverse impacts to a
Critical Area or its buffer the following prioritized sequence
of mitigation shall be followed:
1. Avoid the impact altogether by not taking a certain action
or parts of an action;
2. Minimize impacts by limiting the degree or magnitude of
the action and its implementation, by using appropriate
technology, or by taking affirmative steps to avoid or
reduce impacts;
3. Rectify the impact by repairing, rehabilitating or
restoring the affected environment;
4. Reduce or eliminate the impact over time by preservation
and maintenance operations during the life of the action;
5. Compensate for the impact by replacing, enhancing, or
providing substitute resources or environments; and
6. Monitor the impact and the compensation project and taking
appropriate corrective measures.
B. Compensatory Mitigation. As a condition of any permit allowing •
alteration of a Critical Area or its buffer, or as an
enforcement action pursuant to Section 20.15B.180(B), the City
shall require that the applicant shall provide compensatory
mitigation in the form of restoration or creation of the
Critical Area and its buffer in order to offset the impacts
267-32
(05/31/92)
20.15B.170
resulting from the applicant's or violator's actions. The
minimum overall goal of compensatory mitigation shall be no net
loss of the function and size of the Critical Area.
Enhancement of existing significantly degraded wetlands or
streams may be considered for partial compensation. when
enhancement of an existing significantly degraded wetland or
stream is proposed as compensation for the loss of existing
functional wetland or stream, the replacement ratios as
provided within Section 20.15B.140(D) shall be doubled.
Compensation shall be completed prior to wetland or stream
alteration, where possible.
Compensatory mitigation for streams, wetlands, and wildlife
habitat conservation areas shall follow an approved
compensatory mitigation plan pursuant to Section 20.15B.160,
with the replacement ratios specified in Section 20.15B.140(D)
and shall meet the following minimum performance standards:
1. The proposed Compensatory Mitigation will establish
quantifiable goals and objectives in order for the City to
determine the success of the plan over time in order to
release performance bonds or require contingency actions
if necessary;
The Compensatory Mitigation will be conducted on property,
demonstrated by the applicant, to be able to be protected
and managed to avoid further development or degradation,
and to provide for long-term preservation of the
compensation; and
The applicant and their representatives shall demonstrate
sufficient scientific expertise, supervisory capability,
and financial resources, including bonding, to carry out
the project; and demonstrate the capability for monitoring
the site and to make corrections during this period if the
project fails to meet projected goals.
20.15B.170 CRITICAL AREA TRACTS AND NOTICE ON TITLE
Critical Area Tracts. The City may require that where
development or alteration is prohibited or limited based on the
presence of a Critical Area or its buffer, pursuant to this
ordinance, the Critical Area and/or its buffer may be placed in
a separate Critical Area Tract or Easement. The City may
require that the Critical Area tract be designated as a Native
Growth Protection Easement. Appropriate survey markings and
permanent signage shall be installed on the property at the
boundary of the Critical Area and/or the buffer. Such
requirements, if any, shall be included as conditions of
approval.
(05/31/92)
267-33
20.15B.180
Notice on Title. The owner of any property that is subject to
the provisions of this ordinance shall, as a condition of
approval pursuant to the provisions of this ordinance, record
with the Records and Elections Division of Snohomish County a
notice in a form approved by the City providing notice of the
presence of a Critical Area or buffer on the property, the
application of this ordinance to the property, and that
limitations on actions in or affecting such areas or buffers
may exist. The form of such notice may be adopted by
administrative rule.
20 15B 180 ADMINISTRATION
Variances. Variances from the standards of this Title may be
authorized by the Hearing Examiner in accordance with the
procedures set forth in Edmonds Community Development Chapter
20.85. In granting such a variance, the Hearing Examiner shall
find:
1. Because of special circumstances applicable to the subject
property, including size, shape, topography, location or issurroundings, or the size or nature of the Critical Area,
the strict application of this Title would deprive the
subject property all reasonable use of the property.
2. The granting of the variance is the minimum necessary to
accommodate the development proposal and will not be
materially detrimental to the public welfare or injurious
to the property or improvements in the vicinity and zone
in which the property is situated, or contrary to the
goals and purposes of this Chapter.
Enforcement Penalties. Any violation of the provisions of
this Chapter shall constitute a public nuisance subject to
abatement and a misdemeanor subject to penalty of a fine of up
to $500 and/or imprisonment for 90 days or will be subject to
civil penalties pursuant to Title 20.110 of the ECDC. Each day
of violation shall constitute a separate offense. The planning
official or his or her designee shall have a right to enter
upon any property at reasonable times and to make such
inspection necessary to determine compliance with the
provisions of this Chapter. If the property is occupied, the
planning official shall make reasonable effort to locate the
owner or person in charge to request entry. The planning
official is further authorized to take such actions as may be
necessary to enforce the provisions of this Chapter. .
Appeals. Any decision to require a Critical Area study
pursuant to this Chapter may be appealed to the Hearing
Examiner pursuant to Edmonds Community Development Code. Any
decision to approve, condition or deny a development proposal
based on the requirements of this Title may be appealed in
267-34
(05/31/92)
20.15B.190
accordance with the appeal procedures and standards applicable
to the subject development proposal permit or approval. If
there are no applicable appeal procedures elsewhere in the
Edmonds Community Development Code, then any final decision of
the Hearing Examiner may be appealed to the City Council upon
filing a Notice of Appeal with the clerk of the City Council
within ten (10) days after the date of making the written
Hearing Examiners' decision. Such appeal to the council shall
be on the record.
20 15B.190 SEVE
If any provision of this Chapter or its application to any person or
property is held invalid, the remainder of the Chapter or the
application of the provision to other persons or property shall not
be affected.
20.15B.200 LIBERAL CONSTRUCTION
This Chapter shall be liberally construed to give full effect to the _
objectives and purposes for which it was enacted.
(Ord. 2874 §1, 1992)
•
i
(05/31/92) 267-35
0 *STREET FILE
C O TY OF EDMONDS HARVE H. HARRISON
MAYOR
DEPARTMENT OF PUBLIC WORKS (206) 771.3202
Edmonds, Washington 98020
Administration — 250 • 5th Avenue North Maintenance & Operations — 200 Dayton Street
September 28, 1983
Mr. Nicholas Kairez
9117 Olympic View Drive
Edmonds, WA 98020
Dear Mr. Kairez:
SUBJECT: REDUCTION IN WATER BILL -
ACCOUNT #207-15500
This letter is in regard to your request for another
reduction in your water bill. On July 1, 1983, the City
gave you a credit of $228.54 and on September 10, 1983,
you received a credit of $90.95 for a total of $329.49.
You were informed by way of a door hanger and also verbally
by Lee Willeiksen of our Water/Sewer Division that you had
a leak which entitled you to these credits.
The City cannot give you another credit, but we will
make arrangements for you to pay the bill in two payments.
Please contact our Utility Billing Office at 771-3051 to
make these arrangements.
Sincerely,
BOBBY R. MILLS
Acting Supt. of Public Works
BRM/ml
cc: Finance Dept.
UTILITYSERVICE ORDREVIOUS ACCOUNT p PDAT NEW DELETE METER N WRITTEN BY
zzi
REQUESTED BY'l -
TODAYS�TE
RRENT ACCOUNT a
o
�101-A-IA�A�l
SERVICE ADDRESS
WATER SERVICE
DATE
LOCATION OF METER
❑ START T/ ❑ TURN OFF El CLOSING (FLO)
yOTHER
EREAD ❑ NEW METER ❑ LOCK ❑ UNLOCK
SIZE
RESIDENTIAL
PREV READ DATE
PREVIOUS READ
CONSUMPTION
UNITS
SEWER ❑ AVAILABLE ❑ UNAVAILABLE
l-ti.7
DATE r—'�
METER CHARGE $
CONNECTION
STREET CUT
TOTAL $
I =��
CURR READ DATE
CURRENT READ76
READ BY
NOTES c
CLOSING BILL Th. . n n ur_ , I r.a n-e �s �-��GSe�CLOSING BILL AMOUNTS
NAME
STREET
ADDRESS
CITY,--- rl
STATE I I ? V V
RCD 1
MUN ACCT SPEC CC O I^
LOCATION OF METE
CONN WAIL
RCD 2
CUSIOMLRNAMI:
SERVICE AD[
BUILDING NO
MAILINL: ADDRESS
U
RCD 3
CUR READ DALE
CURB READ
CONSUMPTION HISTORY
/ I
yUp i I(J 1LD�L,_ /
PRV t PRV 2 PqV 7 PRV A JPRV 6 PRV 6
PREVIOUS BAL. $
FINAL W
S
U
M
SUE $
�.V / STATE
I
I hereby apply for the use of water in accordance with all rules and regulations of the City Water Department and the Edmonds City Code.
This form properly executed and signed by the owner or his agent and filed with the Edmonds Water Department constitutes a proper
notice of change of occupancy or mailing address for the property herein described.
ALL BILLS ARE DUE AND PAYABLE 25 DAYS AFTER BILLING DATE.
x
We
MAINTENANCE
Lll1L1 IL.Lil'40
�EBIT/ R �DADJUSTMENTS • .
DEBIT(+) CREDIT(-)
ACCOUNT NUMBER ,2 tj 7-
CURRENT
WATER
SURCHARGE
UTILITY
MISC.
DEBIT(+) CREDII(-
WATER
PREVIOUS #1 SURCHARGE
DATE UTILITY
MM/DD
MISC.
I DEBIT(+) CREDIT(-)
"'T'vwl
PREVIOUS #2 SURCHARGE
DATE UTILITY
MM/DD
MISC.
PREPAYMENT AMOUNT
TOTAL
61 f,
DEBIT(+) CREDIT(-)
C?a
vpJ.
CONSUMPTION AMOUNT
LID
7-,L -,1 31
SUPPLIER n DATE SIGNED
-- UI1 U1LL1110
DEBIT CREDIT ADJUSTMENTS
ACCOUNT NUMBER D — Sllt�
CURRENT
n WATER
SURCHARGE
UTILITY
WATER
PREVIOUS #1 SURCHARGE
DATE UTILITY
MM/DD
MISC.
WATER
PREVIOUS #2 SURCHARGE
DATE UTILITY
MM/DD
DEBIT(+) CREDIT(-)
�J
1Jtb i I M UtU I I ( -
DEBIT(+) CREDIT(-)
DEBIT(+) CREDIT(-)
PREPAYMENT AMOUNT
TOTAL
Fa..
CONSUMPTION AMOUNT
FC
M-LANATION Zx::rti
F
A.
vQ��r•�..�
>UPPLIER f-4-- DATE SIGNED �; L—
Critical Areas Checklist CA File No: OE-t 1
Site Information (soils/topogra by/hydrology/vegetation)
1. Site Address/Location: 1 d rn P1 U V t 6 (4) Y' ,
2. Property Tax Account Number: '� 2'1O 1+30 D02 002
3. Approximate Site Size (acres or square feet): 4' 4D Q Gr
4. Is this site currently developed? _,yes; no. Ic
If yes; how is site developed?
5. Describe the general site topography. Check all that apply.
Flat: less than 5-feet elevation change over entire site.
Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal
distance of 66-feet).
Hilly: slopes present on site of more than 15 % and less than 30 % ( a vertical rise of 10-feet
over a horizontal distance of 33 to 66-feet).
Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal
distance of less than 33-feet).
Other (please describe):
6. - Site contains areas of year-round standing water: k) O : Approx. Depth:
7. Site contains areas of seasonal standing water: N ;Approx. Depth:
What season(s) of the year?
8. Site is in the floodway floodphdn of a water course.
9. Site contains a creek or an area where water flowq across the grounds surface? Flows are year-round?
N / Flows are seasonal? NG A (What time of year? N 4 ),
10. Site is primarily: forested ; meadow ;shrubs : mixed ✓
urban landscaped (lawn mbs etc)
11. Obvious wetland is present on site: N O
Critical Areas Checklistdoc/3.19.2001twA , ,
City of Edmonds
Development Services Department
Planning Division
Phone: 425.771.0220
Fax: 425.771.0221
The Critical Areas Checklist contained on this form is to
be filled out by any person preparing 'a Development
Permit Application for the City of Edmonds prior to
his/her submittal of the application to the City.
The purpose of the Checklist is to enable City staff to
determine whether any potential Critical Areas are, or
may be, present on the subject property. The information
needed to complete the Checklist should be easily
available from observations of the site or data available at
City Hall (Critical areas inventories, maps, or soil
surveys).
Date Received:
City Receipt #:
Critical Areas File #:
Critical Areas Checklist Fee: $45.00
Date Mailed to ADDlicant:
A property owner, or his/her authorized representative,
must fill out the checklist, sign and date it, and submit it
to the City. The City will review the checklist, make a
precursory site visit, and make a determination of the
subsequent steps necessary to complete a development
permit application.
Please submit a vicinity map, along with the signed copy
of this form to assist City staff in finding and locating the
specific piece of property described on this form. In
addition, the applicant shall include other pertinent
information (e.g. site plan, topography map, etc.) or
studies in conjunction with this Checklist to assistant staff
in completing their preliminary assessment of the site.
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees
to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable
attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or
incomplete information furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my
knowledge and that I am authorized to file this application on the behalf of the owner as listed below.
SIGNATURE OF APPLICANT/AGENT DATE
Property Owner's Authorization
By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application,
and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the
purposes of inspection and posting attendant to this application.
SIGNATURE OF OWNER DATE
PLEASE PRINT CLEARLY
Owner/Applicant:
Name
C?ll1 0
Street Address
City State Zip
Telephone:
Email address (optional):
Applicant Representative:
Name
Street Address
City State Zip
Telephone:
Email Address (optional):
Critical Areas Checklistdoc/3.19.2001
Critical Areas Checklist CAFileNo: 02-12
Site Information (soils/topography/hydrology/vegetation) r
1. Site Address/ Location: _ 1 , H mY t o V t e o ,
2. Property Tax Account Number: 1210 W5 O 001 00
3. Approximate Site Size (acres or square feet): W 4- 0-&r
4. Is this site currently developed? _yes; no.
If yes; how is site developed?
5. Describe the general site topography. Check all that apply.
Flat: less than 5-feet elevation change over entire site.
Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal
distance of 66-feet).
Hilly: slopes present on site of more than 15% and less than 30% ( a vertical rise of 10-feet
over a horizontal distance of 33 to 66-feet).
Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal
distance of less than 33-feet).
Other (please describe):
6.- Site contains areas of year-round standing water. : Approx. Depth:
7. Site contains areas of seasonal standing water: N ; Approx. Depth:
What season(s) of the year?
8. Site is in the floodway floodphdn of a water course.
9. Site contams a creek or an area where water flo q across the grounds surface? Flows are year-round?
rJ Flows are seasonal. P1 A(What time of ye.? N 4 ).
10. Site is primarily: forested ; meadow ;shrubs ; mixed
urban landscaped (lawnshrubs etc)
11. Obvious wetland is present on site: N 0
Critical Areas Checidist.doe/3.19.2001 4? "t t A
'4C. 189�
City of Edmonds
Development Services Department
Planning Division
Phone: 425.771.0220
Fax: 425.771.0221
The Critical Areas Checklist contained on this form is to
be filled out by any person preparing a Development
Permit Application for the City of Edmonds prior to
his/her submittal of the application to the City.
The purpose of the Checklist is to enable City staff to
determine whether any potential Critical Areas are, or
may be, present on the subject property. The information
needed to complete the Checklist should be easily
available from observations of the site or data available at
City Hall (Critical areas inventories, maps, or soil
surveys).
Date Received:
City Receipt #:
Critical Areas File #:
Critical Areas Checklist Fee: $45.00
Date Mailed to ADDlicant:
A property owner, or his/her authorized representative,
must fill out the checklist, sign and date it, and submit it
to the City. The City will review the checklist, make a
precursory site visit, and make a determination of the
subsequent steps necessary to complete a development
permit application.
Please submit a vicinity map, along with the signed copy
of this form to assist City staff in finding and locating the
specific piece of property described on this form. In
addition, the applicant shall include other pertinent
information (e.g. site plan, topography map, etc.) or
studies in conjunction with this Checklist to assistant staff
in completing their preliminary assessment of the site.
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees
to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable
attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or
incomplete information furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my
knowledge and that I am authorized to file this application on the behalf of the owner as listed below.
SIGNATURE OF APPLICANT/AGENT
DATE
Property Owner's Authorization
By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application,
and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the
purposes of inspection and posting attendant to this application.
SIGNATURE OF OWNER DATE
PLEASE PRINT CLEARLY
Owner/Applicant:
G eor�l� re�z
Name
Qtl1
Street Address
104
City State Zip
Telephone:
Email address (optional):
Applicant Representative:
Name
Street Address
City State Zip
Telephone:
Email Address (optional):
Critical Areas Check1ist.doc/3.19.2001
Critical Areas Checklist
CA File No:
Site Information (soils/topogrWHI
hy/hydrology/vegetation) r
1. Site Address/Location: Ot,qrnptu ut e 0 ,
2. Property Tax Account Number: 1$'L- 1 O 42 DO I O-O
3. Approximate Site Size (acres or square feet):
4. Is this site currently developed? _yes; no.
If yes; how is site developed?
4 -b a.Gre-,
5. Describe the general site topography. Check all that apply.
Flat: less than 5-feet elevation change over entire site.
Rolling: slopes on site generally less than 15 % (a vertical rise of 10-feet over a horizontal
distance of 66-feet).
Hilly: slopes present on site of more than 15% and less than 30% ( a vertical rise of 10-feet
over a horizontal distance of 33 to 66-feet).
Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal
distance of less than 33-feet). .
Other (please describe):
6.• Site contains areas of year-round standing water: 1J O : Approx. Depth:
7. Site contains. areas of seasonal standing water: N v ; Approx. Depth:
What season(s) of the year?
8. Site is in the floodway floodplain of a water course.
9. Site contains a creek or an area where water flowq across the grounds surface? Flows are year-round?
N/ Flows are seasonal? N6A (What time of year? fj4 ).
10. Site is primarily: forested ; meadow ;shrubs ; mixed
urban landscaped (lawnshrubs etc)
11. Obvious wetland is present on site: N O
Critical Areas Checklistdoc/3.19.2001
City of Edmonds
Development Services Department
Planning Division
Phone: 425.771.0220
Fax: 425.771.0221
The Critical Areas Checklist contained on this form is to
be filled out by any person preparing 'a Development
Permit Application for the City of Edmonds prior to
his/her submittal of the application to the City.
The purpose of the Checklist is to enable City staff to
determine whether any potential Critical Areas are, or
may be, present on the subject property. The information
needed to complete the Checklist should be easily
available from observations of the site or data available at
City Hall (Critical areas inventories, maps, or soil
surveys).
Date Received:
City Receipt #:
Critical Areas File #:
Critical Areas Checklist Fee: $45.00
Date Mailed to ADDlicant:
A property owner, or his/her authorized representative, -
must fill out the checklist, sign and date it, and submit it
to the City. The City will review the checklist, make a
precursory site visit, and make a determination of the
subsequent steps necessary to complete a development
permit application.
Please submit a vicinity map, along with the signed copy
of this form to assist City staff in finding and locating the
specific piece of property described on this form. In
addition, the applicant shall include other pertinent
information (e.g. site plan, topography map, etc.) or
studies in conjunction with this Checklist to assistant staff
in completing their preliminary assessment of the site.
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees
to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable
attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or
incomplete information famished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my
knowledge and that I am authorized to file this application on the behalf of the owner as listed below.
SIGNATURE OF APPLICANT/AGENT
DATE
Property Owner's Authorization
By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application,
and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the
purposes of inspection and posting attendant to this application.
SIGNATURE OF OWNER
PLEASE PRINT CLEARLY
Owner/Applicant:
G eorate� Ka i re�z
Name
Ql(1 CrJ
Street Address
'V1E11'ltS LQA
City State Zip
DATE
Applicant Representative:
Name
Street Address
City IState Zip
Telephone: Telephone:
Email address (optional):
Email Address (optional):
Critical Areas ChecklisGdoc/3.19.2001
Critical Areas Checklist CA File No: DI'l4
Site Information (soils/topography/hydrology/vegetation)
1. Site Address/Location: i 1 C)LwKV to ul e Lk) r ,
2. Property Tax Account Number: l 3 Z1 D 3 1 601 0 p
3. Approximate Site Size (acres or square feet):
4. Is this site currently developed? _yes; no. 1C
If yes; how is site developed?
5. Describe the general site topography. Check all that apply.
Flat: less than 5-feet elevation change over entire site.
Rolling: slopes on site generally less than 15% (a vertical rise of 10-feet over a horizontal
distance of 66-feet).
Hilly: slopes present on site of more than15% and less than 30% ( a vertical rise of 10-feet
over a horizontal distance of 33 to 66-feet).
Steep: grades of greater than 30% present on site (a vertical rise of 10-feet over a horizontal
distance of less than 33-feet).
Other (please describe):
6. Site contains areas of year-round standing water: k) o : Approx. Depth:
7. Site contains areas of seasonal standing water: N 0 ; Approx. Depth:
What season(s) of the year?
8. Site is in the floodway floodphdn of a water course.
9. Site con a creek or an area where water flowq across the grounds surface? Flows are year-round?
N Flows are seasonal? N6A (What time of year? " 4 ).
10. Site is primarily: forested ; meadow ; shrubs ; mixed
urban landscaped (lawnshrubs etc)
11. Obvious wetland is present on site: N O
Critical Areas Checklistdoc/3.19.2001
Of EDA fL City of Edmonds
(P Development Services Department
Planning Division
Phone: 425.771.0220
lac I gqo Fax: 425.771.0221
The Critical Areas Checklist contained on this form is to
be filled out by any person preparing 'a Development
Permit Application for the City of Edmonds prior to
his/her submittal of the application to the City.
The purpose of the Checklist is to enable City staff to
determine whether any potential Critical Areas are, or
may be, present on the subject property. The information
needed to complete the Checklist should be easily
available from observations of the site or data available at
City Hall (Critical areas inventories, maps, or soil
surveys).
Date Received:
City Receipt #:
Critical Areas File #:
Critical Areas Checklist Fee: $45.00
Date Mailed to ADDlicant:
A property owner, or his/her authorized representative,
must fill out the checklist, sign and date it, and submit it
to the City. The City will review the checklist, make a
precursory site visit, and make a determination of the
subsequent steps necessary to complete a development
permit application.
Please submit a vicinity map, along with the signed copy
of this form to assist City staff in finding and locating the
specific piece of property described on this form. In
addition, the applicant shall include other pertinent
information (e.g. site plan, topography map, etc.) or
studies in conjunction with this Checklist to assistant staff
in completing their preliminary assessment of the site.
The undersigned applicant, and his/her/its heirs, and assigns, in consideration on the processing of the application agrees
to release, indemnify, defend and hold the City of Edmonds harmless from any and all damages, including reasonable
attorney's fees, arising from any action or infraction based in whole or part upon false, misleading, inaccurate or
incomplete information furnished by the applicant, his/her/its agents or employees.
By my signature, I certify that the information and exhibits herewith submitted are true and correct to the best of my
knowledge and that I am authorized to file this application on the behalf of the owner as listed below.
SIGNATURE OF APPLICANT/AGENT
DATE
Property Owner's Authorization
By my signature, I certify that I have authorized the above Applicant/Agent to apply for the subject land use application,
and grant my permission for the public officials and the staff of the City of Edmonds to enter the subject property for the
purposes of inspection and posting attendant to this application.
SIGNATURE OF OWNER DATE
PLEASE PRINT CLEARLY
Owner/Applicant:
G eorAe,,
Name
Rll'1
Street Address
LoAr
City State Zip
Telephone:
Email address (optional):
Applicant Representative:
Name
Street Address
City IState Zip
Telephone:
Email Address (optional):
Critical Areas Checklistdoc/3.19.2001
City of Edmonds
RIGHT-OF-WAY CONSTRUCTION
PERMIT Permit Number: 18 -1(,
Issue Date —, D
A. Address or Vicinity of Construction: ©. V► Ot
B. Type of Work (be specific): 4 i,
de
V L
C. Contractor: ANA . ROLC Coo. L.L C Contact: k e-03 �c lMa,Llt
MailingAddress: fOI y 1-hS ( LA (LtQ4- Phone: .3(a © (o 7 1 01 6O 201- •
State License #: & N A 11 im 4 %Lr3 to PLr Liability Insurance: Bond: S 60,o O, "
D. Building Permit # (if applicable):
Side Sewer Permit # (if applicable):
E. ❑ Commercial ❑Subdivision ❑ City Project ❑ Utility (PUD, GTE, WNG, CABLE, WATER)
❑ Multi -Family ❑ Single Family ❑ Other
INSPECTOR: INSPECTOR:
F. Pavement or Concrete Cut : ❑ Yes []No G: Size of Cut: x H. Charge $
APPLICANT TO READ AND SIGN
INDEMNITY: Applicant understands and by his signature to this application to hold the City of Edmonds harmless from injuries, damages, or claims of any
kind or description whatsoever, foreseen or unforeseen, that may be made against the City of Edmonds, or any of its departments or
employees, including or not limited to the defense of any legal proceedings including defense costs and attorney fees by reason of granting this permit.
THE CONTRACTOR IS RESPONSIBLE FOR WORKMANSHIP AND MATERIALS FOR A PERIOD OF ONE YEAR FOLLOWING THE FINAL INSPEC-
TION AND ACCEPTANCE OF THE WORK. ESTIMATED RESTORATION FEES WILL BE HELD UNTIL THE FINAL STREET PATCH IS COMPLETED
BY CITY FORCES, AT WHICH TIME A DEBIT OR CREDIT WILL BE PROCESSED FOR ISSUANCE TO THE APPLICANT.
Two sets of construction drawings of proposed work required with permit application. .
A 24 hour notice is required for inspection. Please call the Engineering Division, 771-0220.
Work and material is to be inspected during progress and at completion.
Restoration is to be in accordance with City Codes.
Street shall be kept clean at all times.
Traffic Control and Public Safety shall be in accordance with City regulations as required by the City Engineer.
All street cut trench work shall be patched with asphalt or City approved material prior to the end of the working day;
NO EXCEPTIONS.
I have read the above statements and understand the permit requirements and the pink copy of the permit will be
available on site at all times for inspection purposes.
Signature:
or Agent)
Date: z-- Lz-_�?z
CALL DIAL -A -DIG PRIOR TO BEGINNING WORK
FOR CITY USE ONLY ^^��
APPROVED BY: �� RIGHT OF WAY FEE: t✓ DU
TIME AUTHORIZED: VOID AFTER e.ZP71t%C>F h*4. - DAYS DISRUPTION FEE/FUND I 1 l:
SPECIAL CONDITIONS: RESTORATION
T OTAL
RECEIPT NO.: i 19 1 +01
ISSUED
FIELD INSPECTION NOTES
Comments
Diagram
(Fund 111 - Route copy to Street Dept.)
CONTRACTOR CALLED FOR INSPECTION ❑ YES ❑ NO
Partial Work Inspection by P.W.:
Work Disapproved By: Date:
FINAL APPROVAL BY: Date:
,�, y `o•,�4 - CITY OF EDMONDS STREET ADDRESSAFXRFFAHEY
MAYOR
7110-210TH ST.S.W. • EDMONDS, WA 98026 • (206) 771-0235 • FAX (206) 744-6057
COMMUNITY SERVICES DEPARTMENT - PUBLIC WORKS DIVISION
Fst. 1890
July 30, 1996
Mrs. Nicholas Kairez
P.O. Box 1154
Lynnwood, WA 98046-1154
Subject: Water Leak Credit at 9117 Olympic View Dr. (236775)
Dear Mrs. Kairez:
I have reviewed your account and will allow a credit from April through June 1996 billing
in accordance with our City policy. The policy states that the customer will be billed at the
retail rate based upon the average water consumption for the same period during the
previous year. In addition, the excess water lost from the leak will be billed to customer at
the City's wholesale rate with a 15% surcharge added for administrative cost. Only one
leak credit will be granted in any three year period.
Should you have any additional questions after you receive your new billing, please
contact Ilene Larson, Utility Billing Clerk, at 771-0241.
Sincerely,
i
Ron Holland
Water/Sewer Supervisor
RH/lk
cc: Ilene Larson
Utility Billing Clerk
wordata\water\credit96\#236775 • Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
FM.SE
...�: CITY CFEMIN
:"''�'`�-•,.� ,.�4^ �'� LAURA M. HALL
E 250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 FAX (206) 771-0221 MAYOR
COMMUNITY SERVICES DEPARTMENT
J p Public Works • Planning . Parks and Recreation • Engineering
September 23, 1994 M-6.), J %Ig-3
Craig Campbell
Lovell-Sauerland & Associates, Inc.
19400 - 33rd Ave. W. Suite 200
Lynnwood, WA 98036
Dear Mr. Craig,
Your request for deviation from the City's detention storage requirement for the subject plat is
denied. Attached is information regarding previous problems (flooding, washout, erosion)
with the downstream storm system. High velocities in this system due to the slope could cause
similar washouts in the future if storm rates are not controlled. '
Craig, we have serious concerns about another pipeline paralleling the sewer pipeline on the
bluff. Any failure of the new pipeline or damage to the sewer pipeline will have very serious
consequences. I realize your firm has liability insurance and you would be liable for a failure.
I would think you would keep the risk to a minimum. Being involved in a problem five (5)
years or more would not be in anyone's best interest later if the design and construction of
their facility is left to a failure or damage. You and your firm's liability will stay with you the
life of the facility.
Sincerely,
ROBERT J. ALBERTS, P.E.
City Engineer
DF/RJA/sf
Attachment
KAIREZ. DOC
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
CNRON COPY
MEMORANDUM
DATE: September 13, 1994
MEMO TO: Edmonds Planning Division
FROM: 0, Don Fiene, Hydraulics Engineer
SUBJECT: Proposed 15-Lot Subdivision at 9117 Olympic View Drive
Attached is a letter from Mr. Linton, a homeowner downstream of the proposed subject
development. Due to prior problems with flooding and erosion on his property, Mr.
Linton would prefer that stormwater from the proposed development bypass the system
which goes through his lot. However, this is not feasible due to the steep slopes on the
Kairez property.
Because of the existing high rates of flow in the storm system and the difficulty of
maintaining the system, it appears that the best and most appropriate method for
handling stormwater from the new development is to detain the water in an
underground pipe or vault and release it at the predeveloped rate. Allowing the
stormwater to pass the site uncontrolled would create higher rates of flow which could
result in a washout similar to that which occurred previously.
DF/cmc
Enclosure
OVDSBDV.DOC
LINTON
INDUSTRIES
INC.
6306 202nd Southwest
Lynnwood, Washington 98036
(206) 774-7787
Fax: (206) 672-8940
August 16, 1994
City of Edmonds
250 5th Avenue North
Edmonds, Washington 98020
Attention: Jeffrey S. Wilson
Dear Sir:
UST'.
I am in receipt of the Mitigated Determination of Nonsignificance
on the proposed 15 lot subdivision located at 9117 Olympic View
Drive. I currently own the property directly to the north of the
subdivision shown as Lot 36 and 37and my residence at 17802
Talbot Road. ,
With respect to the preliminary site plan on file at the City of
Edmonds planning division, I have great concerns to the proposed
storm retention design.
In February of 1967, due to heavy rainfall, water run off coming
from property above and including the proposed 15 lot
subdivision, saturated the around and a large landslide on Lot 37
occurred. The resulting slide blocked the railroad tracks and
ended up in Puget Sound. The City, in an effort to prevent this
from recurring, installed a 24" storm pipe through Lot 37.
It is my concern that an open retention pond, large enough to
handle this size subdivision{
to happen again. not properly designed or
maintained, will create conditions that will allow this washout
Further, the existing storm system manhole located on Lot 37,
which would receive the run-off from the retention pond,
currently appears to be running at near capacity during heavy
rainfall. Steep terrain, dense landscape, rockery walls, and
retaining walls all make maintenance of the existing storm line
on Lot 37 very difficult.
PRECISION ANO GEV -RAL METAL FABRICATION
It would be my recommendation to:
(A) If site water retention is necessary, that a design using
the concrete vault method with an overflow draining to the west
side of the site be used.
(B) Capping the existing system at Lot 37. Intersecting the
existing line south of Lot 37, and connecting it to the new
subdivision storm system sized to handle the increased loads.
And routing the outfall line down the slope on the west side of(
the site, running parallel to the railroad tracks at that
elevation, and tying into the existing manhole that currently
drains under the tracks to Puget Sound. The existing line
entering this manhole would remain to handle the storm sewer
loads from Lot 36 and 37, and Talbot Road.
If designed in this manner, site storm retention may -not be
necessary.-
1 would be most happy to meet someone from the engineering
division, or a representative from Lovell-Sauerland & Associates,'
site to better explain my concerns.
IF
V
Rob t Linton
774-7 7
RL:rab
cc: Don Fiene
1Y.
Lovell-Sauerl.�. FILE
■ ■ & Associates,
Engineers/Surveyors/Planners/Development Consultants RFC' f~ 1 w./ M n
Up 2 0 1994
t" GINEERid'VG
Attn: Bob Alberts
City of Edmonds
250 5th Ave
Edmonds, WA 98020
19400 33rd Ave. W., Suite 200
Lynnwood, Washington 98036
.(206) 775-1591
Seattle: (206) 340-0830
FAX: (206) 672.7998
September 16, 1994
LSA File No. 2926
Subject: Proposed Preliminary Plat of Kairez Vista (P-93-216); Detention Storage requirements
Dear Mr. Alberts:
To date the preliminary plat process for. Kairez Vista has not resolved the issue of detention storage
to the mutual satisfaction of the City and the developer. Toward that end, the following discussion
is an amplification of information we have previously presented. Hopefully this information will
provide sufficient justification for the City to eliminate detention as a requirement of development.
Chapter 18 of the Community Development Code for the City of Edmonds provides the guidance
for application of drainage rules.and regulations. Its stated purpose (paraphrasing section 18.30.000)
is to maintain high quality:; surface water by'�. protecting it from pollution, to protect 'land:: near
development from higher runoff rates' Which might cause erosion or flooding, to protect, private -and-
public property from flooding or. erosion; 'and to` promote development practices' to' assure these -
purposes are met.
Also, Section 18.30.040 H. allows deviations from the requirements of the code, based on the
capacity and condition of downstream facilities, the effect on receiving bodies of water, damage from
on -site disposal of water, existence of regional detention facilities, or major difficulties in maintaining
the drainage system.
The downstream drainage situation for this project was previously discussed in a Lovell-Sauerland
report dated April 23rd, 1993. It indicated that all runoff from the proposed project would drain into
an existing piped system which drains about 130 acres of the City directly into Puget Sound. This
130 acre basin was discussed in detail by URS Consultants in 1989 in a study prepared for the City
in 1989 titled "Edmonds Drainage Basin Studies". The study indicated that the pipe system affected
by the project would only ever be used at about 65 percent of its "open channel" capacity of 95 cfs.
Also, since upstream elements of this system have a much lower capacity, and a major part of the
basin is already developed without detention, it is highly unlikely that the total excess capacity will
ever be needed for other projects further upstream.
Referring back to the purpose and intent of the drainage code, it is evident that the project will not
expose nearby. land to higher runoff --it will actually reduce the effects on nearby land. It will - not
expose private or public property to flooding or erosion --as the'downstream system is under utilized.
It will not adversely affect the ' downstream receiving body --Puget Sound has infinite capacity to
receive stormwater.
y
Bob Alberts
City of Edmonds Page 2
Other jurisdictions recognize the sense of allowing direct discharge to nearby receiving bodies of
water. Both City of Bellevue and King County allow direct discharge of uncontrolled runoff when
the downstream conveyance system is adequate. Other municipalities have similar policies and
exemptions. The DOE Stormwater Management Manual for the Puget Sound Basin requires runoff
volume control specifically and only for "streambank erosion control." It is recognized that each
jurisdiction also has a responsibility to protect conveyance systems, but in this case there is no
capacity problem and no streambank to be eroded or to protect from project impacts.
In light of the above discussion, we are requesting a deviation from the City's customary practice
of mandating detention storage. If this request is denied, we also ask that the denial be in written
form giving reasons as required in section 18.30.040 H of the Edmonds Code. Please let us know
if you require further information on this to reach your decision.
cc: Paul Moore
Sincerely,
Craig Campbell, P.E.
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09/19/94 12:34
i� L
FAX 206 672 7998
LOVELL SAUERLAND
@ 001
-
L.-Saue
oociates, Ind.
EET.
R
FILE
;r r M' � f r-, n
i
'° Q W l o t9 200
.(206) T1iwi
Seattle, (206) 340 0830
Engineers/ sumeyom/Planners./ Development
Attn: Bob Alberts
City of Edmonds
250 5th Ave
Edmonds, WA 98020
Subject: Proposed Preliminary Plat of
Dear Mr. Alberts:
To date the preliminary plat process fi
to the mutual satisfaction of the City a
is an amplification of information we
provide sufficient justification for the
Chapter 18 of the Community Deveb
for application of drainage rules and rE
is to maintain high quality surface
development from higher runoff rates
public property from flooding or erc
purposes are met.
Also, Section 18.30.040 H. allows
capacity and condition of downstream
on -site disposal of water, existence of
the drainage 'system.
The downstream drainage situation fol
report dated April 23rd, 1993. It Indic
an existing piped system which drains
130 acre basin was discussed in detail
in 1989 titled "Edmonds Drainage Bas'.
by the project would only ever be use(
Also, since upstream elements of this
basin is already developed without del
ever be needed for other projects furl
Referring back to the purpose and i
expose nearby land to higher ruml
expose private or public property to
It will not adversely affect the do,
receive stormwater.
S p 2 0 9994 FAX. (206) 672a998
ENCa1619iip\1' September 16, 1994
4SA File No. 2926
i
i
tairez Vista (P-93-216); Detention Storage requirements
Kauez Vista has not resolved the issue :of detention storage
d the developer. Toward -that end, the following discussion
lave previously presented. Hopefully this information will
,ity to eliininate detention as a requirer*nt of development.
ment Code for the City of Edmonds provides the guidance
Dilations. Its stated purpose (paraphrasing section 18.30.000)
ater by protecting it from pollution, to protect land near
Nch might cause erosion or flooding, to protect private and
ion, and to promote development practices to assure these
i
wiations fiom the requirements of the (code, based on the
icilities, the effect on receiving bodies of water, damage from
gional detention facilities, or major difficulties in maintaining
i
i
this project was previously discussed in a Lovell-Sauerland
ted that all runoff from the proposed project would drain into
about 130 acres of the City directly into Puget Sound. This
)y URS Consultants in 1989 in a study prepared for the City
i Studies".. The study indicated that the'pipe system affected
at about 6.5 percent of its "open channel," capacity of 95 efs.
,ystem have a much .lower capacity, and a major part of the
.ntion, it is highly unlikely that the total excess capacity will
er upstream.
at of the drainage code, it is evident that the project will not
t will actually reduce the effects on nearby land. It will not
oding or erosion —as the downstream system is under utilized.
tream receiving body —Puget Sound has infinite capacity to
09/19/94 12:35
f
FAX 206 672 7998
LOVELL SAUERLAND
12002
FILE
City of Edmonds Page 2
Other ' isdictions reco
gnize gnize the sense of allowing direct discharge to nearby receiving bodies of
water. Both City of Bellevue and King County allow direct discharge of unconprolled runoff when
the downstream conveyance system is adequate. ` Other municipalities have iimilar policies and
exemptions. The DOE Stormwater Ma iagement I fanual fvr the Puget Sound Bgsin requires runoff
volume control specificatiy and only f "streambank erosion control." It is recognized that each
jurisdiction also has a responsibility tc protect conveyance systems, but in t}tas ease there is no
capacity problem and no stye=bank to be eroded'or to protect from project impacts.
In light of the; above discussion, we art: requesting a deviation from the City's ;customary practice
of mandating detention storage. If this request is `denied, we also ask that the denial be in written
form giving reasons as required in sec ' n 18.30,040 H of the Edmonds Code. ;Please Set us know
if you require; further information on to reach your decision.
i
J auclay,
aig Campbell, P.E.
MEMORANDUM
DATE: September 13, 1994
MEMO TO: Edmonds Planning Division
FROM: 0� Don Fiene, Hydraulics Engineer
SUBJECT: Proposed 15-Lot Subdivision at 9117 Olympic View Drive
Attached is a letter from Mr. Linton, a homeowner downstream of the proposed subject
development. Due to prior problems with flooding and erosion on his property, Mr.
Linton would prefer that stormwater from the proposed development .bypass the system
which goes through his lot. However, this is not feasible due to the steep slopes on the
Kairez property.
Because of the existing high rates of flow in the storm system and the difficulty of
maintaining the system, it appears that the best and most appropriate method for
handling stormwater from the new development is to detain the water in an
underground pipe or vault and release it at the predeveloped rate. Allowing the
stormwater to pass the site uncontrolled would create higher rates of flow which could
result in a washout similar to that which occurred previously.
DF/cmc
Enclosure
OVDSBDV.DOC
ti
v♦
L'INTON
INDUSTRIES
INC.
6306 202nd Southwest
Lynnwood, Washington 98036
(206) 774-7787
Fax: (206) 672-8940
August 16, 1994
City of Edmonds
250 5th Avenue North
Edmonds, Washington 98020
Attention: Jeffrey S. Wilson
Dear Sir:
I am in receipt of the Mitigated Determination of Nonsignificance
on the proposed 15 lot subdivision located at 9117 Olympic View
Drive. I currently own the property directly to the north of the
subdivision shown as Lot 36 and 37, and my residence at 17802
Talbot Road.
With respect to the preliminary site plan on file at the City of
Edmonds planning division, I have great concerns to the proposed
storm retention design.
In February of 1967, due to heavy rainfall, water run off coming
from property above and including the proposed 15 lot
subdivision, saturated the ground and a large landslide on Lot 37
occurred. The resulting slide blocked the railroad tracks and
ended up in Puget Sound. The City, in an effort to prevent this
from recurring, installed a 24" storm pipe through Lot 37.
It is my concern that an open retention pond, large enough to
handle this size subdivision, not properly designed or
maintained, will create conditions that will allow this washout
to happen again.
Further, the existing storm system manhole located on Lot 37,
which would receive the run-off from the retention pond,
currently appears to be running at near capacity during heavy
rainfall. Steep terrain, dense landscape, rockery walls, and
retaining walls all make maintenance of the existing storm line
on Lot 37 very difficult.
PRECISION ANO GENERAL METAL FABRICATION
y
It would be my recommendation to:
(A) If site water retention is necessary, that a design using
the concrete vault method with an overflow draining to the west
side of the site be used.
(B) Capping the existing system at Lot 37. Intersecting the
existing line south of Lot 37, and connecting it to the new
subdivision storm system sized to handle the increased loads.
And routing the outfall line down the slope on the west side of
the site, running parallel to'the railroad tracks at that
elevation, and tying into the existing manhole that currently
drains under the tracks to Puget Sound. The existing line
entering this manhole would remain to handle the storm sewer
loads from Lot 36 and 37, and Talbot Road.
If designed in this manner, site storm retention may not be
necessary.
I would be most happy to meet someone from the engineering
division, or a representative from Lovell-Sauerland & Associates,
at th-e,,s�to to better explain my concerns.
11
Robert Linton
774-7 7
RL:rab
cc: Don Fiene
s7fft-ET FILE
MEMORANDUM
August 11, 1994
TO: Jeff Wilson, Planning Supervisor
FROM: Gordy Hyde, de, Engineering En ineerin Coordinator
SUBJECT: Engineering Division requirements for preliminary plat application
(P-93-216) for George Kairez at 9117 Olympic View Drive .
The Engineering Division has compiled the attached requirements which
have been approved by the City Engineer. There are still numerous outstanding
issues to be resolved regarding the proposal. The Engineering Division is
hopeful that these issues can be resolved through use of good engineering
practice which will allow the proposal to be brought into compliance with the
Edmonds Community Development Code, and approved for construction by the
City Engineer.
We continure to have reservations regarding the placement of the road with
proposed construction of a massive retaining structure along a_ property line,
adjacent to existing residences. It would appear that the tremendous visual
impact that a structure like this would have on an existing neighborhood could
be minimized if it were located on the interior of the property, so that the impact
created would be limited to the new home owners.
KAIREZ2.DOC
CITY OF EDMONDS
ENGINEERING REQUIREMENTS
FOR PLATS AND SUBDIVISIONS
NAME: KAIREZ VISTA FILE NO: P-93-216
HEARING DATE: VICINITY: 9117 OLYMPIC VIEW DRIVE
req'd Prior
req'd
Bond
Complete
to
w/Bldg.
Posted
Recording
Permit
1. Rights of Way for Public Streets:
-92nd PI. W. is to be a minimum of 40 feet wide.
X
-91st PI. W. is to be a minimum of 20 feet wide.
X
-178th PI. SW is to be a minimum of 20 feet wide.
X
2. Easements (City utilities, private access, other utilities):
-Provide easements over private roads for access and utilities.
X
-Provide 10 foot wide maintenance easements over all public
X
utilities for maintenance.
-Provide gravel or ACP access to sanitary and storm sewer
X
manholes for maintenance.
3. Street improvements (ACP with curb & gutter):
-Pave 92nd PI. W. to a minimum width of 24 feet from face of curb
X
to face of curb, with concrete curbs and gutters.
-Pave 91st PI. W. to a minimum width of 18 feet from face of curb
X
to face of curb with concrete curbs and gutter.
-Pave 178th Pl. SW to a minimum width of 18 feet from face of
X
curb to face of curb with concrete curbs and gutters.
-Streets to be designed to a maximum of 12% grade.
X
-Slopes of streets are not to exceed 6% for a minimum of 20 feet
X
at intersections.
-Provide guard rail along rockery and above any drop-offs
X
exceeding three feet and 2:1 slope.
-Maintain minimum two feet clear zone.
X
-Provide geotechnical review and approval of road design.
X
-Any retaining walls built in public rights -of -way shall be designed
X
per WSDOT standards and reviewed and approved by
geotechnical engineer and structural engineer.
X
-Provide design calculations for retaining wall.
X
-Show impact of construction on existing rockery and properties
west of roadway.
4. Street turnaround:
-Provide turnarounds and cul-de-sac to meet city standards with
X
minimum of 25 foot radius returns on 178th PI. SW, 91st PI. W.,
and 92nd PI. W.
5. Sidewalks and/or walkways:
-Provide 5 foot wide concrete sidewalk for the entire length of 92nd
X
Pl. W., 91st PI. W., and 178th PI. SW.
6. Street lights:
-Provide street lights at following locations:
X
On Olympic View Dr. at intersection of 92nd PI. W.
On 92nd PI: W. at south line of proposed lot 3.
On 92nd PI. W. at end of cul-de-sac. de sac.
7. Planting strip:
-Maintenance of planting within cul-de-sac is to be performed by
X
landowners.
-Trees planted in rights -of -way of private roads and upon
X
easements to be approved by City of Edmonds as street trees.
req'd Prior
req'd
Bond
Complete
to
w/Bldg.
Posted
Recording
Permit
8. Water system improvements (pipelines, fire hydrants, pump
stations, telemetering, D.S.H.S., etc.):
-Water lines to be minimum 8" ductile iron per City standards.
X
-Water system to be looped, but valves will be placed in line in
X
turnarounds so that the system can function as two dead-end
lines. Services to affected lots must be installed in front of
valves.
-Three way valves will be required at the connections on Olympic
X
View Drive and Talbot Road.
-Fireflow requirements shall comply with Appendix 3A of 1991
X
Uniform Fire Code.
-Provide fireflow calculations for each proposed fire hydrant.
X
-Provide fire hydrant at the following locations:
X
In turnaround at end of 178th PI. SW.
In turnaround at end of 91st PI. W.
In cul-de-sac at end of 92nd PI. W.
-Provide water service to each lot.
X
9. Sanitary sewer system improvements (pipelines, pump
stations, telemetering, health district, etc.):
-Provide sanitary sewer service to each lot.
X
-Provide specifications and explanation on construction methods
X
and impact of construction activities on existing pipelines and
slope stability. Provide acceptable guarantees regarding damage
to existing pipelines and slope stability for the life of the pipelines.
10. Storm sewer system improvements, (pipelines, pump station,
D.O.E., fisheries, etc.):
-Provide stormwater quality enhancements.
X
-Provide stormwater service to each lot.
X
-Provide detention for entire plat. Stormwater system to be
X
designed to detain water for a 25-year event, with release
calculated for a ten year event.
-Provide specifications and explanation on construction methods
X
and impact of construction activities on existing pipelines and
slope stability. Provide acceptable guarantees regarding damage
X
to existing pipelines and slope stability for the life of the pipelines.
-Provide individual detention for lots 7, 8, 9, 11, 13, 14, and 15.
11. On -site drainage (plan per Ord. 1924):
-All impervious surfaces to have detention and water quality
X
amendments.
12. Underground wiring (per Ord. 1387):
-Underground wiring is required for all new construction.
X
X
13. Excavation and grading (per UBC, Ch. 70):
-Provide detailed grading plan to include temporary erosion and
X
sedimentation control plan.
-Grading in excess of 50 cubic yards on each lot requires permit.
X
14. Simage (per City Engineer):
-All signs must be vinyl lettered. No silk screened signs will be
X
permitted.
-Provide street name signs for 178th PI. SW, 91st PI. W., and
X
92nd PI. W.
-Provide sign at Olympic View Drive and 92nd PI. W. which reads
X
"TO 91 ST PL. W."
-Provide high intensity stop signs for 178th PI. SW at Talbot Road
X
and 92nd Pl. W. at Olympic View Drive.
-Provide "Street ends" signs and "Private Road" signs mounted on
X
street name signs.
-Provide "no parking any time" signs along all plat roads.
X
-Provide additional safety items on Olympic View Drive as
X
discussed in LSA letter of 5/31/94 to City.
req'd Prior
req'd
Bond
Complete
to
w/Bldg.
Posted
Recording
Permit
15. Survey monumentation (per Ord., Sec 12.10.120):
-Provide concrete monument and case at intersection of 92nd PI.
X
W. and Olympic View Drive.
-Provide concrete monuments and cases along centerlines of 92nd
X
PI. W., 91 st PI. W., and 178th PI. SW
16. As -built drawings (per City Engineer):
-Provide for all utility development construction.
X
17. Other requirements:
a) Plat showing lots, easements, legal survey information
X
b) Legal documents for each lot
X
c: Field staking - lot comers (by professional land surveyor)
X
d) Maintenance agreement (private road and utilities)
X
e) Utility development plan
X
f) Traffic study
X
g) Others
-Lots 1, 2, 5, and 12 to take access only off 92nd PI. W.
X
X
-Lots 9, 10 to take access only off 92nd Pl. W.
X
X
-Lot 4 to take access only off 92nd PI. W.
X
X
-Provide engineering calculations regarding stability of rockery,
X
X
both existing and future, on 92nd Pl. W.
-Driveway slopes must be identified on development plan. If
X
X
there is to be a request to exceed 14%. It is the intent that no
driveways exceed 14%.
-All areas of fill will require confirmation of compaction test by
X
X
independent testing company.
-Grading and paving of 92nd PI. W. must match the existing
X
grade of the private road in Maple Manor. Joint access will
not be permitted without improvements to Maple Manor
private road.
-Demonstrate and guarantee that vibration and operation of
X
equipment will not jeopardized stability of existing utility lines,
the bluff, and adjacent properties.
18 Engineering fees:
a) Drainage system design review @ $30 per lot
X
b) Sewer connection charge/LID assessment
X
c) Subdivision improvement inspection fee (2.2% of the approved
X
cost estimate)
d Other related fees
X
for CI ENGINEER, CITY OF EDMONDS 'DATE
The The Engineering Division requirements have been completed and the subdivision can be recorded.
Authorized for recording by : Date:
KAIRREQ. DOC
STREET � ..7:
• r
NELSON-COUVRETTE & ASSOCIATES, INC.
CONSULTING GEOTECHNICAL ENGINEERS, GEOLOGISTS.
AND ENVIRONMENTAL SCIENTISTS
MAIN OFFICE
17311-135th Ave. N.E., #A500 13424 Chain Lake Road 101 East Marine View Drive
Woodinville, WA 98072 Monroe, WA 98272 Orondo, WA 98843
(206) 486-1669 • FAX 481.2510 (206) 788-5612 • 794-4332 (509) 784-2756
February 19, 1993
Mr. John Bissell
City of Edmonds Planning Division
250 - 5th Avenue N.
Edmonds, WA 98020
Dear John:
Ifec�e
FEB? vto
44* ? 1993
�G�
This letter is a follow up to our conversation on Thursday, February 18th. We discussed the George
Kairez project and the City of Edmonds three party agreement. Following our conversation, I contacted
George and Lovell-Sauerland letting them know that you are expecting a new submittal with the critical
areas identified. Lovell-Sauerland was wanting some input into my scope of services so that I did not only
cover the critical areas, but also items relative to general site development. They have requested a meeting
with me so that I am aware of what they want. Is this a meeting that you need to attend or can this be done
prior to the third party agreement without violating the wishes of the city code? I would appreciate it if you
would respond to this question.
At this time I would also like to further introduce myself and our firm to you. I have been practicing
geotechnical engineering in the Puget Sound region for about 15 years. Eight of those years was with
GeoEngineers, the consultant that did the Meadowdale mapping for the City of Edmonds. I still have
occasional contact with Don Tubbs the primary geologist that worked on the project. I left GeoEngineers
in 1986 and joined a foundation and shoring contractor working primarily on the Metro Tunnel project. In
1989, I left the contracting firm and founded Couvrette Geotechnical Engineering. Just recently, I have
joined forces with David L. Nelson and Associates from Monroe. DLNA has been in business for about 15
years.
I have enclosed a few of our business cards for your reference as you will need to contact use when you
develop the scope of work. If you have any questions, please call.
Yours very truly,
NELSON-COUVRETTE & ASSOCIATES, INC.
.:'Chuck Couvrette, P.E.
President
Enclosures
890 _ 19Cv
0 STREET FiLA
CITY OF EDMONDS
250 - 5TH AVE. N. • EDMONDS, WA 98020 • (2061771-0220 • FAX (206) 771-0221
COMMUNITY SERVICES DEPARTMENT
Public Works • Planning . Parks and Recreation " Engineering
December 30, 1992
George Kairez
9117 Olympic View Drive
Edmonds, WA 98020
Dear Mr. Kairez:
LAURA M. HALL
MAYOR
Subject: CRITICAL AREAS STUDY SCOPE OF WORK AND PROCESS, FILE NO. CA-92-91
Enclosed is the revised "Scope of Work" for the required Critical Areas Study for your property in which I have
clarified the language which you inquired about. This revised "Scope of Work" will now be incorporated into the
"3-Party" contract for the performance of the Critical Areas Study.
If it is still your desire for us to consider James Finley of Geotech Consultants, Inc. as the consultant to enter in
the 3-party contract with the City to perform the geotechnical portions of the study please state so, and we will
contact Mr. Finley immediately to begin the process.
With regard to the issue of eagle habitat analysis, as we discussed on the phone, we would be willing to review
any documentation you can provide from Federal and State wildlife authorities on this issue. Upon review of
these documents, we will then re-evaluate the need for the eagle habitat analysis.
Finally, I have also enclosed a draft copy of the "3-Party" contract which we will use in this process. If you
should have any questions regarding the enclosed material or process, please do not hesitate to contact either Rob
Chave or myself at 771-0220.
Sincerely,
Community Services Department - Planning Division
Jeffrey S. Wilson, AICP
Current Planning Supervisor
Enclosures
PC: Critical Areas Determination File No. CA-92-91
Rob Chave, Planning Manager
KAIREZ02/12-30-92.CORRES/LETTERS • Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
L-1
CITY OF EDMONDS
• iJ 0 , "I
�1
AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION
OF A CRITICAL AREA STUDY
George Kairez hereinafter referred to as "Proponent,"
, hereinafter referred to as "Consultant," and the City
of Edmonds, Washington, hereinafter re erred to as "the City," for and in consideration of mutual
promises contained herein agree and contract as follows:
I. The City's Planning Official has determined that a Critical Area may exist on or near the
subject property, pursuant to Edmonds Community Development Code (ECDC) Section
20.15.B.
II. The City is to direct and supervise preparation and finalization of a critical area study to
describe the items in accordance with ECDC Section 20.15.B.150.
IIB. Paragraph IIB shall be applicable only during the life of this contract. The work of the
Consultant and the critical area study are for the purpose of providing the City with
information and analysis, independent from the Proponent and the owner of the subject
property. To that end, the Consultant shall, during the life of this agreement, perform no
other services for Proponent with respect to the subject property. In addition, the
Consultant shall not perform services for the Proponent with respect to other property or
proposed developments without full disclosure thereof to the City. Proponent specifically
agrees not to communicate with the Consultant, except for such communication as may be
necessary for the Consultant to carry out the performance of this agreement. Any such
communication between the Proponent and Consultant shall be carried on only in the
presence of or with the prior approval of the City.
III. Proponent agrees to pay to Consultant in the manner set forth in Section VII below the
reasonable costs of having the critical area study prepared. The Consultant has been
recommended and selected by the City. Proponent understands and agrees to pay
Consultant for actual time and materials expended in accordance with the scope of services
set forth in Attachment "A" hereto, provided, however, that the total to be received by the
Consultant for preparation of the critical area study shall not exceed the sum of $
. Progress payments are to be issued to Consultant in accordance with the
provisions of Sections VII and IX in this agreement.
IV. The Proponent agrees to cooperate reasonably with both Consultant and the City so as to
cause the efficient and prompt preparation of the critical area study. The City agrees to
make available to the Consultant all relevant information in the City's files.
V. The scope of services contemplated by this agreement shall include preparation of a critical
area study which shall be delivered to the City on or before
VI. Consultant shall prepare and deliver to the City up to 5 copies of the critical area study.
VII. Proponent shall, within ten (10) days of the signing of this agreement:
(a) Deposit with the City of Edmonds funds sufficient to pay for the cost of preparation
of the critical area study, but not less than $ subject to the
provisions of subparagraph (b) below;
(b) Agree to disbursement from time to time of funds on deposit in said account to pay
for Consultant services covered by the Agreement.
Page 1 of 4
CA92-9I C/ 12-30.92.CRIIICAL\CONTRACT
VIII. If the Proponent fails to deposit funds with the City as specified in Section VII of this
agreement within the required ten days, this agreement shall terminate.
IX. Consultant agrees to submit invoices for services and costs to date on a monthly basis along
with a description of services rendered and a project progress report. The Consultant shall
submit the original invoice to the City and a copy to the Proponent. The City shall pay the
invoiced amount from the assigned account described in paragraph VII of this agreement
within thirty (30) days of receipt if the work covered by the invoice has been satisfactorily
completed.
X. In the event the City, in its sole opinion determines there is a need for changes in the scope
of work in Attachment "A," the City shall obtain from the Consultant an estimate of the
total added charges and shall seek the Proponent's written approval, which shall not be
unreasonably withheld. This Agreement shall then be amended to cover these changes, and
the funds deposited accordingly to cover the changed scope of work. Failure to obtain such
approval from the Proponent and to obtain an increase in the funds deposited to cover the
proposed changes at the time of amendment, shall be grounds for suspension of work until
agreement is reached.
XI. The parties hereto agree that the critical area study and all supporting material therein
submitted by the Consultant in the course of performing services under this agreement shall
be, in the hands of the City of Edmonds, as public records and not subject to copyright.
Consultant further agrees to make research notes and any other work products produced in
performing this agreement available to the City for reproduction, upon completion of the
critical area study, or sooner upon request by the City.
XII. Unless otherwise specified within this Agreement, this proposal shall be governed by the
laws of the City of Edmonds and the State of Washington.
XIII. (a) The parties intend that an independent Consultant/City relationship will be created
by this Agreement. No agent, employee, or representative of the Consultant shall
be deemed to be an employee, agent, or representative of the City or Proponent for
any purpose. Employees of the Consultant are not entitled to any of the benefits the
City provides for City employees. The Consultant will be responsible for the acts of
its employees, agents, and subcontractors during the performance of this Agreement.
The Consultant further agrees to testify at any hearing concerning the project or the
critical area study only if requested to do so by the City, unless pursuant to court
order.
(b) Consultant covenants and agrees to indemnify, defend and hold harmless the City,
its officers, agents and employees from and against any and all claims, actions,
damages, liability, cost and expense, including reasonable attorney's fees, in
connection with or occasioned, in whole or in part by any act or omission of
Consultant, its officers, agents, employees, customers, or licensees, or arising from
or out of Consultant's failure to comply with any provision of this Agreement,
regardless of whether it is alleged or proven that the acts or omissions of City, it
officers, agents or employees caused or contributed thereto. With respect to the
performance of this Agreement, and as to claims against City, its officers, agents
and employees, the Consultant expressly waives its immunity under Title 51 of the
Revised Code of Washington for injuries to its employees and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Consultant.
This waiver was mutually negotiated by the parties. This indemnity provision shall
not apply in the event any acts or omissions of the City were the sole cause of any
Page 2 of 4
CA92-91 C/ 12.3(L92.CRTTTCAL\CONTRACT'
such damage or injury. To the extent any of the damages referenced by this
paragraph were caused by or resulted from the concurrent negligence of the City, its
agents or employees and the Consultant, its officers, agents, and employees, this
obligation to indemnify, defend and hold harmless is valid and enforceable only to
the extent of the negligence of the Consultant, its officers, agents and employees.
(c) In the performance of the services herein contemplated, -the Consultant is an
independent contractor with the authority to control and direct the performance of
the details of the work, subject to applicable regulations. However, the results of
the work contemplated herein must meet the approval of the City, and shall be
subject to the City's general rights of inspection and review to secure the satisfactory
completion thereof, as required by ECDC Chapter 20.15.B.
XIV. Proponent agrees to indemnify, defend, and hold harmless the City from any and all claims
for breach of contract or other claim for damages brought by Consultant on account of any
act or failure to act by the Proponent to pay the sums due under the terms of this
Agreement.
XV. The Consultant shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin.
XVI. The City reserves the right to suspend or terminate this agreement on ten (10) days written
notice to the Consultant and Proponent. If terminated or suspended, Consultant shall be
entitled to receive reasonable compensation for services rendered to the date of termination
or suspension. The Consultant shall then invoice the City for all work performed in a
satisfactory manner through the effective date of termination, and shall be paid by the City,
subject to the limitations on liability contained in Paragraph IX; provided that if the
termination is due to the fault of the Consultant, no payment shall be due.
XVII. The Proponent reserves the right to suspend or terminate this Agreement on ten (10) days
written notice to the Consultant and City, and withdrawal of all related building, zoning,
subdivision, and/or shoreline permit applications. If terminated or suspended, Consultant
shall be entitled to receive reasonable compensation for services rendered to the date of
termination or suspension.
XVIII. In the event that any legal action is necessary to enforce the terms of the Agreement, the
prevailing party shall be entitled to recover from the other party a sum for reasonable
attorney's fees, including reasonable attorneys fees incurred prior to the filing of the action.
M. Consultant agrees to report to the City any situation that might involve a possible conflict of
interest in connection with the performance of the Agreement. The Consultant shall not
have a financial interest in the proposal other than fees due under this Agreement. The
Consultant will not perform any work or provide any services to any person in connection
with or related to the Proposal, except as provided in this Agreement. The Consultant has
listed in Attachment "B" all present contracts or work for the Proponent.
XX. The Proponent agrees to provide the Consultant with a legal description of the project site,
reproducible site plan or plans, copies of any relevant site studies produced by other
consultants, and such other information as required by the Consultant. The proponent
agrees to cooperate reasonably with both the City and Consultant so as to facilitate the
efficient and prompt preparation of the critical area study.
XXI. This Agreement, including the Attachments hereto, represent the entire agreement and
understanding between the parties, and any negotiations, proposals, or agreements are
intended to be integrated herein and to be superseded by this written Agreement.
Page 3 of 4
CA92.91 C/ 1 b3492.CRITICAL\CONTRACT
ATTACHMENTS
EXECUTED by the parties hereto this day of , 19
CITY OF EDMONDS: CONSULTANT,
By By
Laura Hall name:
Mayor title:
ATTEST/AUTHENTICATED: PROPONENT,
By By
Rhonda March George Kairez
City Clerk
APPROVED AS TO FORM: PLANNING MANAGER:
By By
Scott Snyder Rob Chave, Manager
City Attorney Planning Division
Attachments: "A" - Scope of Services
"B" - Consultant/Proponent Contracts/Relationships
Page 4 of 4
CA92-91 C/ 12-30.92.CRIr1CALXCONTRACr
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GEOTECH
CONSULTANTS 1 NC
To
Attn.
EXPIRES 8 / 1
(206) 747-5618
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cc:
CITY OF EDMONDS
,3 250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221
COMMUNITY SERVICES DEPARTMENT
1 q O Public Works Planning • Parks and Recreation Engineering
September 30, 1992 STREET FILE
George Kairez
9117 Olympic View Dr.
Edmonds, WA 98020
III
SUBJECT: MEASURES REQUIRED TO MITIGATE EROSION HAZARD
AT 9117 OLYMPIC VIEW DRIVE, EDMONDS
Dear Mr., Kairez,
LAURA M. HALL
MAYOR
9130117
Don Fiene, Hydraulics Engineer, and Jim Walker, Assistant City
Engineer, from our office, made a field visit to your property on
September 21, 1992. Mr. Walker and Mr. Fiene indicated that while much
of the disturbed area is now vegetated, there are several bare, exposed
areas of concern.
We, once again, would like to reiterate our concerns and regulations
reflected in our August 7, 1992 letter to you. If you cannot install
the permanent vegetation practices as you.suggested you would in May
(hydroseeding), you will need to establish temporary vegetative cover.
(Please reference the attached details.) When you have satisfied these
requirements, or if you have any questions regarding them, please..
contact Don Fiene at 771-0220, extension 323.
Sincerely,
ROBERT J. ALBERTS, P.E.
City Engineer
DF/RJA/sdt
Attachment
c: Rob Chave, Planning Manager
KAIREZ6/TXTST530
0
f
• Incorporated August 11, 1890 e
Sister Cities International — Hekinan, Japan
NeAf.Fi(E
MEMORANDUM
September 3, 1992
TO: File 9117 Olympic View Drive
a�
FROM: Don Fiene, Hydraulics Engineer
SUBJECT: PHONE CONVERSATION OF 9/1/92 WITH GEORGE KAIREZ
Mr. Kairez returned my phone call on this date concerning a follow-up
to my field visit of 8/13/92. I told him that a letter dated 8/28/92
from the City Engineer outlined our concerns and cleared up the
misunderstanding he had about rototilling.
He stated that he now could not afford to do the rototilling and
hydroseeding (which he had agreed to do on an earlier date). I told
him that if he could not afford to do so, he should, at least, seed the
site temporarily with a rye mix. I told him after he had made such an
effort to call me and I would be glad to inspect the site. He seemed
to understand the engineering requirement and was not angry or hostile
as he had been during our previous phone conversation and field visit.
DF/sdt
c:. Planning Division
Building Division
KAIREZ.4/TXTST530
STREET FILE
M E M O R A N D U M
September 3, 1992
TO: File 9117 Olympic View Drive
FROM: Don Fiene, Hydraulics Engineer
SUBJECT: PHONE CONVERSATION OF 9/1/92 WITH GEORGE KAIREZ
Mr. Kairez returned my phone call on this date concerning a follow-up
to my field visit of 8/13/92. I told him that a letter dated 8/28/92
from the City Engineer outlined our concerns and cleared up the
misunderstanding he had about rototilling.
He stated that he now could not afford to do the rototilling and
hydroseeding (which he had agreed to do on an earlier date). I told
him that if he could not afford to do so, he should, at least, seed the
site -temporarily with a rye mix. I told him after he had made such an
effort to call me and I would be glad to inspect the site. He seemed
to understand the.engineering requirement and was not angry or hostile
as he had been during our previous phone conversation and field visit.
DF/sdt
c: Planning Division
Building Division
Alberts
KAIREZ.4/TXTST530
CITY OF EDMONDS
CIVIC CENTER • EDMONDS, WA 98020 • (206) 775-2525
8 9 0- 1 9 9
August 28, 1992
George Kairez
9117`Olympic View Drive
Edmonds, WA 98020
STREET
FILE URA M. HALL
MAYOR
Yh.eu-�.S.e� P�289z—
SUBJECT:. MEASURES REQUIRED TO MITIGATE EROSION HAZARD AT
9117 OLYMPIC VIEW DRIVE
Ref: August 7, 1992 letter to George Kairez
Dear Mr. Kairez,
On a field visit to your property on August 13, 1992, Don Fiene from
our office indicated that roughly one-half of the area in question is
now vegetated. We still are concerned with the other bare, exposed
areas and the sedimentation impacts these areas would have on the
Sound. We would like to reiterate the concerns and regulations
reflected in our August 7, 1992 letter to you.
Concerning the issue of rototilling, I understand that you were under
the impression that the City regarded this action as grading. This is
not true, and we would like to clear up that misunderstanding. Your
previous action that resulted in the imposition of the Stop Work order
(issued by the Building Division) involved -the use of a backhoe. )Our
only request.is that if you were to rototill, you hydroseed promptly
after tilling and provide straw'mulch on all hydroseed areas. Jute or
coir nets shall be used on slopes over fifteen'(15) percent. Please
reference the attachments enclosed for additional details.
Please contact Jim Walker, Assistant City Engineer, or Don Fiene,
Hydraulics Engineer, at 771-0220 if you have any questions.
Sincerely,
ROBERT J. ALBERTS,
City Engineer
DF/RJA/sdt
Attachments
P.E.
c: Rob Chave, Planning Manager
Dick Mumma, Building Official
KAIREZ4/TXTST530
0 Incorporated August 11,1890 •
Sister Cities International — Hekinan, Japan
CITY OF EDMONDS
CIVIC CENTER • EDMONDS. WA 98020 • (206) 775-2525
89p_194
August 7, 1992
George Kairez
9117 Olympic View Drive
Edmonds, WA 98020
CHRON COPY
Re: Measures requires to mitigate' erosion hazard
at 9117 Olympic View Drive
LAURA M. HALL
MAYOR
J,iQ, j
;J t 1-7
Dear Mr. Kairez,
0
The Engineering Division has reviewed site conditions on your property
and hereby requests correction of an erosion hazard problem. Temporary
or permanent erosion and sedimentation control measures, as described
below, must be implemented on all disturbed areas.
Temporary or permanent seeding of all disturbed areas is required.
Seeding may be accomplished by sodding. If sod is used, it must be
laid across the slope and pegged where the slope exceeds fifteen
percent. (See attached recommendations.) Hydroseeding may also be
used to reestablish vegetation. If hydroseeding is used, additional
vegetative stabilization techniques will be needed. Jute or coir nets
shall be used on slopes over fifteen percent and within twenty-five
feet above any slope over fifteen percent. Straw mulch needs to be
used on all hydroseeded areas. (See attached guidelines for
application requirements.)
The Edmonds Community Development Code, Chapter 18.30.100, authorizes
the City to order a property owner to take measures to protect the
public health, safety, and welfare from imminent dangers caused by
erosion, flooding, and other drainage related problems. We feel your
situation applies to this code. Please implement temporary or
permanent erosion control measures as soon as possible, but not later
than September 15, 1992.
Please contact Jim Walker, Assistant City Engineer, or Don Fiene,
Hydraulics Engineer, at 771-0220, if you have any questions.
Sincerely,
ROBERT J. ALBERTS, P.E.
City Engineer
JCW/RJA/sdt
Attachments
• lncorpora;cd Aij!gtjsi 11. 1890 O
KAIREZ/TXTST530 Sister Cities International — Hekinan. Japan
MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN DRAFT
=1-4.4 TEMPORARY COVER PRACTICES
T.-a 4 1 IMP El.10: Temporary Seeding of Stripped Areas
Code: Tg Symbol:
Refinition The establishment of a temporary vegetative cover on disturbed areas by
seeding with appropriate rapidly growing annual plants.
Purpose
To provide temporary soil stabilization by planting grasses and legumes to areas
which would remain bare for more than 7 days where permanent cover is not necessary
or appropriate.
This BLIP may, when used properly, help to fulfil the conditions contained in WAC
173-275-060(2)(a), Stabilisation and sediment trapping (see GC-1, section II-4.2.1
for further information) .'
Conditions Where Practice Applies'
• Permanent structures are to be installed or extensive re -grading of
the area will occur prior to the establishment of permanent vegetation.
• Areas which will not be subjected to heavy wear by construction
traffic.
• Areas sloping up to 10% for 100 feet or less.
. Advantages
1. This is a relatively inexpensive form of erosion control but should only be
used on sites awaiting permanent planting or grading. Those sites should have
permanent measure used (see BMP E1.35, Permanent Seeding and Planting).
2. Vegetation will not only prevent erosion from occurring, but will also trap
sediment in runoff from other parts of the site.
3. Temporary seeding offers fairly rapid protection to exposed areas.
Disadvantages/Problems
1. Temporary seeding is only viable when there is a sufficient window in time for
plants to grow and establish cover. During the establishment period the bare
soil should be protected with mulch (see BMP E1.15) and/or clear plastic
covering (see BMP E1.20).
2. If sown on subsoil, growth will be poor unless heavily fertilized and limed.
Because over -fertilization can cause pollution of stormwater
runoff, other practices such as mulching (BMP E1.15) alone may be more
appropriate. The potential for over -fertilization is an even worse
problem in or near aquatic systems.
'.
3. Once seeded, areas cannot be used for heavy traffic.
4. May require regular irrigation to flourish. Regular irrigation is not
encouraged because of the expense and the potential for erosion in areas
that are not regularly inspected. The use of low maintenance native
' species should be encouraged, and planting should be timed to minimize
the need for irrigation.
DRAFT II-4-7 JUNE, 1991
MANAGEMENT MANUAL FOR THE PUGET SOUND•BASIN
also be used.
Re -seeding - Areas which fail to establish vegetative cover adequate to prevent
erosion shall be re -seeded as soon as such areas are identified.
.,_,.,renance
Seeding should be supplied with adequate moisture. Supply water as needed,
especially -in abnormally hot or dry weather or on adverse sites. Water
application rates should be controlled to prevent runoff.
Re -seeding - Areas which fail to establish vegetative cover adequate to prevent
erosion shall bere-seeded as soon as such areas are identified.
VAC 173-27S-060(2)(k) Removal of temporary measures. All temporary erosion
and sediment control measures shall be removed within 30 days after final site
stabilisation is achieved or after the temporary BVs are no longer needed.
Trapped sediment shall be removed or stabilized on site. Disturbed soil areas
resulting from removal shall be permanently stabilized.
DRAFT II-4-9 NNE, 1991
MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN
DRAFT
and these are also used as mulches, particularly in critical areas such as
Matez�+aYs• They may be used to hold other mulches to the"soil surface.
The choice of materials for mulching will be based on the type of soil to be
protected, site conditions, season, and economics. It is especially important to
mulch liberally in mid -summer and prior to winter, and on cut slopes and southern
slope exposures.'
Sty - Straw is the mulch most commonly used in conjunction with.seeding. its use
is recommended where immediate protection is desired and preferably where the need
for protection will be less than 3 months. The straw should come from wheat or
oats, and may be spread by hand or machine. Straw can be windblown and must be
anchored down. Common anchoring methods are:
1. Crimping, disking, rolling or punching into the soil;
2. Covering with netting; o
3. Spraying with a chemical or fiber binder (tackifier); and
4. Keeping moist. Natural precipitation can often provide sufficient moisture.(2)
Corn Stalks - These should be shredded into 4 to 6-inch lengths. Stalks decompose
slowly and are resistant to windblow.
Wood Chios - Suitable for areas that will not be closely mowed, and around
ornamental plantings. Chips decompose slowly and do not require tacking. They must
be treated with 12 pounds nitrogen per ton to prevent nutrient deficiency in plants.
.Chips can be a very inexpensive mulch if they are obtained from trees cleared on the
site. However, both wood and bark chips tend to wash down slopes of more than
6 percent and create problems by clogging inlet grates etc. and are therefore not
preferred for use in those areas.
Bark Chive Shredded Bark - By-products of timber processing. Used in landscaped
plantings. Bark is also a suitable mulch -for areas planted to grasses and not
closely mowed; may be applied by hand or mechanically. Bark is not usually toxic to
grasses or legumes, and additional nitrogen fertilizer is not required.
Wood Fiber - Used in hydro -seeding operations, applied as part of the slurry. These
short cellulose fibers do not require tacking, although a tacking agent or soil
binders are sometimes used with wood fiber. This form of mulch does not provide
sufficient protection to erodible soils to be used alone during the severe heat of
summer or for late fall seedings. Wood.fiber hydro -seed slurries may be used to
tack straw mulch. This combination treatment is well suited for steep slopes and
critical areas, and severe climate conditions.
There. are other organic materials which make excellent mulches but are only
available locally or seasonally. Creative use of these materials can reduce costs.
Chemical Mulches and Soil Binders - The use of synthetic, spray -on materials '(except
tacking agents used with hydro -seeding) is not recommended. A major problem with
their use is the creation of impervious surfaces and, possibly, adverse effects on
water quality.
Nets and Mats - Used alone, netting does not retain soil moisture or modify soil
temperature. It stabilizes the soil surface while grasses are being established,
and is useful in grassed waterways and on slopes. Light netting may also be used to
hold other mulches in place. Its relatively high cost makes it most suitable for
•small sites.
The most critical aspect of installing nets and mats is obtaining firm, continuous
DRAFT II-4-11 JUNE, 1991
MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN
DRAFT
=, 8" II-4.1 GUIDE TO MULCH MATERIALS, RATES AND USES
Mulch
Quality
Application Rates
Depth of
Material
Standards
Application
Remarks'
1000 fta acre
Gravel,
Washed,
9 yds.'
3 inches
Excellent mulch
slag or
- 1
for short slopes
crushed
size
and around woody
stone
plants &
ornamentals.. Use
where subject to
foot traffic.
Approx. 2000 lbs/
d.'
Say or
Air dried,
75-100 1h-2h
Minimum of
Use where the
straw
free from
lbs. or tons
2 inches
mulching effect is
unwanted
2-3 bales or
to be maintained
seeds &
90-120
for >3 months. Is
coarse
bales
subject to wind
material
blowing unless
kept moist or
tacked down. Most
common & widely
used mulching
material. can be
used in critical
erosion areas.
Wood
Dyed green
25 - 30• 1000-
If used on
fiber
should not
lbs. 1500
critical areas,
cellulose
contain
lbs.
double the normal
(partially
growth
application rate.
digested
inhibiting
Apply
wood
factors
w/hydromulcher. No
fibers)
tie -down rehired.
Packaged in 100
lb. bags.
'All awlcbes will provide sons degree of (1) erosion control; (2) moisture
conservation, (3) weed control, and (4) reduction of soil crusting.
DRAFT II-4-13 JUNE, 1991
MANAGEMENT MANUAL.FOR THE PUGET SOUND BASIN
DRAFT
9
*_a_5.3 BHP E1.35: Permanent Seeding and Planting
Code: O Symbol: �—
The establishment of perennial vegetative cover on disturbed areas.
To establish permanent vegetation (such as grasses, legumes and trees and shrubs) as
rapidly as possible to prevent soil erosion by wind or water, and to improve
wildlife habitat and site aesthetics.
To provide pollutant filtration (biofiltration) in vegetation -lined channels and to
establish constructed wetlands as required. (see BMPs RW.10 and RB.05 in Chapter
III-4)
This We may be used alone or in conjunction with other BMPs such as BMP E1.20,
Clear Plastic Covering, to fulfil the conditions contained in WAC 173-275-060(2)(a),
Stabilisation and sediment trapping.
Conditions Where Practice Applies
• Graded, final graded or cleared areas where permanent vegetative cover is
needed to stabilize the soil.
• Areas which will not be brought to final grade for a year or more.
• In vegetation -lined channels.
• In retention or detention ponds as required.
Advantages
• Well established grass and ground cover can give an aesthetically pleasing,
finished look to a development.
Disadvantages/Problems
1. Vegetation and mulch cannot prevent soil slippage and erosion if soil is not
inherently stable.
2. Coarse, high grasses that are not mowed can create a fire hazard in some
locales. Mowed grass, however, provides less stability and sediment filtering
capacity.
3. Grass planted to the edge of a watercourse may .encourage fertilizing and mowing
near the waters edge and increase nutrient and pesticide contamination.
4. May require regular irrigation to establish and maintain.
Planning Considerations
Vegetation controls erosion by reducing the velocity and the volume of overland flow
and protecting the bare soil surface from raindrop impact.
Areas which must be stabilized after the land has been disturbed require vegetative
cover. The most common and economical means of establishing this cover is by
seeding grasses and legumes.
Advantages of seeding over other means of establishing plants include the small
initial establishment cost, the wide variety of grasses and legumes available, low
DRAFT II-4-23 JUNE, 1991
•ATER MANAGEMENT MANUAL FOR
THE PUGET
SOUND BASIN
-Portions
Percent
'NAM by Weiaht
Purity
Germination
Kentucky Bluegrass
30%
85
80
(Adelphi, Baron or Fylking)
Creeping Red Fescue (Pennant)
40%
98
90
Perennial Rye (Derby or Pennant)
30%
95
90
Rural Application:
Kentucky Bluegrass ( oa
15%
85
80
pratensis) (Birk&, Majestic
or Sydeport)
Tall Fescue (Festuca arundincea)
40%
95
90
(Arid, Jaguar, or Rebel)
Perennial Rye (Lolium perenne)
30%
95
90
(Derby or Pennant)
Chewings Fescue (Banner)
15%
95
90
Cover the seed with topsoil or mulch no deeper than h inch.
DRAFT
'Hydro -seeding" applications with approved seed -mulch -fertilizer mixtures may also
be used.
Wetlands seed mixtures - For newly created wetlands, a biologist should design
plantings to provide the best chance of success. As a guide apply the following
mixture at a rate of 60 lbs/acre, and/or additional tubers for cattail, bulrush,
slough sedge, as required by the local Government. See,Chapter III-5, Volume III
for more information on constructed wetlands. Do not under any circumstances use
introduced, invasive plants like reed canarygrass (Phalaris arundinacea) or purple
loosestrife (Lythrum salicaria). Using plants such as these will cause many more
problems than they will ever solve.
Proportions Percent
Name by Weight Purity Germination
Red Top (Aarostis alba) 1 30% 92 80
Birdsfoot Trefoil 30% 90 80
(Lotus corniculatus)
Creeping Red Fescue 40% 98 90
(Penn lawn)
Tree and shrub planting
Besides their erosion and sediment control values, trees and shrubs also provide
natural beauty and wildlife benefits. When used for the latter, they are usually
more effective when planted in clumps or blocks. These procedures should be.
followed:
1. Trees and shrubs will do best in topsoil. If no topsoil is available,
they can be established in subsoil with proper amendment. If trees and
shrubs are to be planted in subsoil, particular attention should be paid
to amending the soil with generous amounts of organic matter. Mulches
. should also be used.
DRAFT II-4-25 JUNE, 1991
.e,;WATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN
DRAFT
tT_d 5 4 BMP F;1.40: Sodding
Code: SO Symbol:
Definition Stabilizing fine -graded disturbed areas by establishing permanent grass
stands with sod.
purpose
To establish permanent turf for immediate erosion protection or to stabilize
drainageways where concentrated overland flow will occur.
This BNP may be used to fulfil the conditions contained in WAC 173-275-060(2)(a),
Stabilization and sediment trapping.
conditions Where Practice Applies
Disturbed areas which require immediate vegetative cover.
• Waterways carrying intermittent flow, where immediate stabilization or
aesthetics are factors and other locations which are particularly suited to
stabilization with sod.
Advantages
r 1. Sod will give immediate protection.
2. Sod gives an immediate vegetative cover, which.is both effective in checking
erosion and is aesthetically pleasing.
3. Good sod has a high density of growth which is superior in protection to a
recently seeded area.
4. Sod can be placed at any time of the year provided that soil moisture is
adequate and the ground is not frozen.
Disadvantages/Problems
1. Sod is expensive.
2. Sod is heavy and handling costs are high.
r
3. Good quality sod, free from weed species, may be difficult to obtain.
4. If laid in an unfavorable season, midsummer irrigation may be required. This
also applies to very droughty sandy soils.
S. Grass species in the sod may not be suitable for site conditions.
6. If mowing is required, do not use grass sod on slopes steeper than 3:1 (use
minimum maintenance ground covers).
7. If not anchored or drained properly, sod will "roll up" in grassed waterways.
Design Criteria
• Shape and smooth the surface to final grade in accordance with the approved
grading plan.
. i Use of topsoil shall be in accordance with the requirements of Topsoiling (BMP
E1.SO).
DRAFT II-4-27 JUNE, 1991
STREET IL
M E M O R A N D U M
August 25, 1992
TO: File 9117 Olympic View Drive O�
FROM: Don Fiene, Hydraulics Engineer
SUBJECT: FIELD VISIT OF KAIREZ PROPERTY AT 9117 OLYMPIC VIEW DR.
In the late afternoon of August 13, 1992, I made a field visit to
inspect the residence of Mr. George Kairez. Jim Roberts accompanied me
on the visit. The visit was in response to a phone conversation I had
earlier in the afternoon. Mr. Kairez had indicated that the entire
area in question (the stripped area) was now vegetated and that I could
inspect it for myself.
After arriving at the site, Mr. Kairez proceeded to show us the area in
question. He pointed at the areas in question with his video camera
and commentated on the situation. He asked me what the concern was
with the present situation. I observed that there were still bare,
nonvegetated areas that had the potential of causing sedimentation
impacts on the Sound. Mr. Kairez asked me where it was going to go,
and I told -him it would pass over the cliff and into the Sound. Mr.
Kairez then asked if I knew where the dirt had gone that I had stated
was stripped from the site. I told him it probably went over the
cliff.
Once again, Mr. Kairez had a raised voice throughout the discussion,
although it was certainly toned down in comparison to the telephone
conversation. Jim Roberts tried to calm Mr. Kairez down by stating
that we weren't his enemies and that we just wanted to have the
situation resolved.
Mr. Kairez showed me photographs of the area in question as it looked
years ago. The photos showed the area as being totally covered by
grass. It seemed odd to me that Mr. Kairez thought this was some sort
of positive indictment against the City. I told him that wasn't how
the site looked now, but it looked like a good example of what it
should be. He stated that the area had run down during the illness of
his father and had been covered with blackberries, so he had pushed
them off (without removing any topsoil) using a backhoe. He said his
aim was to bring the site back to the condition shown in the
photograph. I said that would be fine with me and would satisfy the
condition he -had agreed to on May 29, 1992.
Mr. Kairez stated that he couldn't rototill to prepare the area for
seeding because Dick Mumma had ordered him not to. Mr. Kai-rez asked me
if I thought rototilling should be considered grading. I said that I
didn't think it should be. I also told him that I would bring the
entire matter up at the Monday staff meeting.
MEMO TO: File 9117 Olympic View Drive
August 25, 1992
Page 2
Mr. Kairez gave me a copy of the contract proposal for the work dated
June 2, 1992. I said that the proposal looked fine and if it were
done, it would satisfy the conditions he had agreed to at our May 29,
1992 meeting. I reiterated that our concern in Engineering was with
the sedimentation erosion impact and that he do what he had agreed to
do on May 29, 1992.
We left the site at approximately 4:30 p.m.
DF/sdt
KAIREZ3/TXTST530
r
Alberts
MEMORANDUM ST��
TO: File 9117
FROM: Don Fiene D(
RE: Phone Conversation of 8/13/92 with George Kairez
DATE: August_2-4,. 1992..
On the -afternoon of -August 13, 1992, I received a call from Mr. George--
Kairez. Mr. Kairez called concerning a case that had been ongoing with
the City since May 29, 1992. Mr. Kairez had a.raised voice throughout
our 40 minute telephone conversation. He repeatedly mentioned that he
was going to sue the City, and several persons individually (myself
included), because of the lies he said we had been guilty of in the
course of the case involving his property. Most of his accusations
were directed towards the Planning or Building Divisions, and
repeatedly I had to direct him to the engineering concerns regarding
his property. I told him specifically that my concern as Hydraulics
Engineer was the impacts that his actions observed on May 29, 1992,
(see letter attached) had with regards to erosion and sedimentation.
On our meeting of -May 29, 1992, he had agreed to hydroseed the stripped
area and stated he would do it within the next week. During our phone
conversation, I repeatedly had to tell Mr. Kairez that this was the
only concern I had. Mr. Kairez.continually argued that my estimate of
the stripped area was -preposterous. I told him it was -an approximation
based on my visit. He stated that no topsoil had been removed, only
dust had covered the existing vegetation, and the blackberries had been
pushed off. I told him that I did not agree with that, and neither had
others from the City who had visited the -sight in -May. Mr.'Kairez then
went on to state that if that were true, then why was the area
completely vegetated now, without planting any grass? I told him I did
not know what had transpired in the two and one half months since May
29, 1992, but that there had been plenty of time for weeds to establish
or for him to establish grass. I went on to add that on two occasions
we were going to inspect the site, but he had refused to let us look at
his property primarily due to a dispute he had with Dick Mumma of the
Building Department. He went on to say how everyone from the City was
incompetent and used derogatory language throughout the course of
describing various people, including the Mayor. His voice was loud
enough to cause actual physical pain to my ears as I listened on the
phone.
I then tried to get him to focus on his problem with the Engineering
Division. He stated that he could not comply with our requirement of
hydroseeding the site because of the -Stop Work order placed in effect
by Dick Mumma. He said that Dick Mumma had told him he could not
rototill the site in preparation for the seeding. He asked me if I
thought rototilling was grading. I told him I didn't think that it
was, but that was not my call or decision to make. He indicated that
the grass cover that was there now was adequate and that I should take
a look at it. I told him that I would arrange to do so.
DF/sdt V Y
KAIREZI/TXTST530
Alberts
MEMORANDUM, S7F?,CET
FILE
August 24, 1992
TO: File 9117 Olympic View Drive
FROM: Jim Roberts, Engineering Technician
SUBJECT: 9117 OLYMPIC VIEW DRIVE
On August 13, 1992, at approximately 2:30 p.m., Don Fiene engaged in a
lengthy conversation (approximately 40 minutes) with Mr. George Kairez
who resides at 9117 Olympic View Drive, Edmonds. Following the phone
call, Don Fiene reported that Mr. Kairez became very threatening and
angry. Don felt it wise to have another Engineering employee accompany
him for a,follow-up field inspection.
At approximately 3:30 p.m., Don and I drove to the Kairez residence to
investigate the site. Don examined the back yard and concluded that
vegetation was not properly in place on a portion of the back yard
location. Mr. Kairez claimed that the vegetation was missing due to a
tree that was removed in the area. Don reminded Mr. Kairez that he had
stated that the vegetation was in place during the lengthy phone call.
Mr. Kairez became very angry and threatening (law suit). Mr. Kairez
referred to the City staff as a "bunch of bastards" and spoke
especially harsh towards members of the Building and Planning Divisions
and specifically toward Bob Alberts and Mayor Hall.
Mr. Kairez asked me if I thought that the site had been graded. I
responded that it obviously had been graded at some point in time. Mr.
Kairez responded that it was graded over thirty-eight (38) years ago.
Mr. Kairez repeatedly tried to video tape specific portions of his
conversation with us. We tried to explain that we were'not his enemies
and only wanted to be of assistance.
Mr. Kairez presented a copy of a bid he had received from a local
landscaping firm to hydroseed the portion of the back yard in
question. Mr. Kairez stated that orders from Dick Mumma prevented him
from completing this task.
Don Fiene advised Mr. Kairez that the matter would be discussed -during
the next Monday morning Engineering staff meeting. Don advised Mr.
Kairez that a grass surface in the location in question would suffice
as an appropriate surface.
During the entire visit to the Kairez residence, the attitude displayed
by Mr. Kairez was extremely hostile, unlike anything I have experienced
in twenty (20) years of service to the general public.
At 4:30 p.m., Don and I left the site for an appointment in the Seaview
area.
JR/sdt
KAIRE25/TXTST530
612¢-
Alberts
CITY OF EDMONDS
CIVIC CENTER . EDMONDS, WA 98020 • (206) 775-2525
August 7, 1992
George Kairez
9117 Olympic View Drive
Edmonds, WA 98020
Re: Measures requires to mitigate erosion hazard
at 9117 Olympic View Drive
Dear Mr. Kairez,
T!f G
LAURA M. HALL
MAYOR
M_aJ&j �- (7 h Z—
The Engineering Division has reviewed site conditions on your property
and hereby requests correction of an erosion hazard problem. Temporary
or permanent erosion and sedimentation control measures, as described
below, must be implemented on all disturbed areas.
Temporary or permanent seeding of all disturbed areas is required.
Seeding may -be accomplished by sodding. If sod is used, it must be
laid across the slope and pegged where the slope exceeds fifteen
percent. (See attached recommendations.) Hydroseeding may also be
used to reestablish vegetation. If hydroseeding is used, additional
vegetative stabilization techniques will be needed. Jute or coir nets
shall be used on slopes over fifteen percent and within twenty-five
feet above any slope over fifteen percent. Straw mulch needs to be
used on all hydroseeded areas. (See attached guidelines for
application requirements.)
The Edmonds Community Development Code, Chapter 18.30.100, authorizes
the City to order a property owner to take measures to protect the
public health, safety, and welfare from imminent dangers caused by
erosion, flooding, and other drainage related problems. We feel your
situation applies to this code. Please implement temporary or
permanent erosion control measures as soon as possible, but not later
than September 15, 1992.
Please contact Jim Walker, Assistant City Engineer, or Don Fiene,
Hydraulics Engineer, at 771-0220, if you have any questions.
Sincerely,
ROBERT J. ALBERTS, P.E.
City Engineer
JCW/RJA/sdt
Attachments
• Incorporated August 11, 1890 •
KAIREZ/TXTST530 Sister Cities International — Hekinan, Japan
STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN DRAFT
II-4.4 TEMPORARY COVER PRACTICES
Code: Tg Symbol:
Definition The'establishment of a temporary vegetative cover on disturbed areas by
seeding with appropriate rapidly growing annual plants.
Purpose
To provide temporary soil stabilization by planting grasses and legumes to areas
which would remain bare for more than 7 days where permanent cover is not necessary
or appropriate.
This BkP may, when used properly, help to fulfil the conditions contained in WAC
173-275-060(2)(a), Stabilization and sediment trapping (see GC-1, section II-4.2.1
for further information).'
Conditions Where Practice Applies'
• Permanent structures are to be installed or extensive re -grading of
the area will occur prior to the establishment of permanent vegetation.
• Areas which will not be subjected to heavy wear by construction
traffic.
• Areas sloping up to 10% for 100 feet or less.
Advantages
1. This is a relatively inexpensive form of erosion control but should only be
used on sites awaiting permanent planting or grading. Those sites should have
permanent measure used (see BMP E1.35, Permanent Seeding and Planting).
'2. Vegetation will not only prevent erosion from occurring, but will also trap
sediment in runoff from other parts of the site.
3. Temporary seeding offers fairly rapid protection to exposed areas.
Disadvantages/Problems
1. Temporary seeding is only viable when there is a sufficient window in time for
plants to grow and establish cover. During the establishment period the bare
soil should be protected with mulch (see BMP E1.15) and/or clear plastic
covering (see BMP E1.20).
2. If sown on subsoil, growth will be poor unless heavily fertilized and limed.
Because over -fertilization can cause pollution of stormwater
runoff, other practices such as mulching (BMP E1.15) alone may be more
appropriate. The potential for over -fertilization is an even worse
problem in or near aquatic systems.
3. Once seeded, areas cannot be used for heavy traffic.
4. May require regular irrigation to flourish. Regular irrigation is not
encouraged because of the expense and the potential for erosion in areas
that are not regularly inspected. The use of low maintenance native
species should be encouraged, and planting should be timed to minimize
the need for irrigation.
DRAFT II-4-7 JUNE, 1991
STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND•BASIN
DRAFT
also be used.
• Re -seeding - Areas which fail to establish vegetative cover adequate to prevent
erosion shall be re -seeded as soon as such areas are identified.
Maintenance
• Seeding should be supplied with adequate moisture. Supply water as needed,
especially•in abnormally hot or dry weather or on adverse sites. Water
application rates should be controlled to prevent runoff.
• Re -seeding - Areas which fail to establish vegetative cover adequate to prevent
erosion shall be re -seeded as soon as such areas are identified.
WAC 173-275-060(2)(k) Removal of temporary measures. All temporary erosion
and sediment control measures shall be removed within 30 daps after final site
stabilisation is achieved or after the temporary BNPs are no longer needed.
Trapped sediment shall be removed or stabilised on site. Disturbed soil areas
resulting from removal shall be permanently stabilised.
I
DRAFT II-4-9 JUNE, 1991
STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN DRAFT
and these are also used as mulches, particularly in critical areas such as
waterways. They may be used to hold other mulches to the soil surface.
The choice of materials for mulching will be based on the type of soil to be
protected, site conditions, -season, and economics. It is especially important to
mulch liberally in mid -summer and prior to winter, and on_cut slopes and southern
slope exposures.
Organic Mulches'
Straw - Straw is the mulch most commonly used in conjunction with seeding. Its use
is recommended where immediate protection is desired and preferably where the need
for protection will be less than 3 months. The straw should come from wheat or
oats, and may be spread by hand or machine. Straw can be windblown and must be
anchored down. Common anchoring methods are:
1. Crimping, disking, rolling or punching into the soil;
2. Covering with netting;
3. Spraying with a chemical or fiber binder (tackifier); and
4. Keeping moist. Natural precipitation can often provide sufficient moisture.(2)
Corn Stalks - These should be shredded into 4 to 6-inch lengths. Stalks decompose
slowly and are resistant to windbl'ow.
Food Chips - Suitable for areas that will not be closely mowed, and around
ornamental plantings. Chips decompose slowly and do not require tacking. They must
be treated with 12 pounds nitrogen per ton to prevent nutrient deficiency in plants.
Chips can be a very inexpensive mulch if they are obtained from trees cleared on the
site. However, both wood and bark chips tend to wash down slopes of more than
6 percent and create problems by clogging inlet grates etc. and.)are therefore not `
preferred for use in those areas.
Bark Chips, Shredded Bark - By-products of timber processing. Used in landscaped
plantings. Bark is also a suitable mulch -for areas planted to grasses and not
closely mowed; may be applied by hand or mechanically. Bark is not usually.toxic to
grasses or legumes, and additional nitrogen fertilizer is not required.
Wood Fiber - Used in hydro -seeding operations, applied as part of the slurry. These
short cellulose fibers do not require tacking, although a'tacking agent or soil
binders are sometimes used with wood fiber. This form of mulch does not provide
sufficient protection to erodible soils to be used alone during the severe heat of
Summer or for late fall seedings. Wood fiber hydro -seed slurries may be used to
tack straw mulch. This combination treatment is well suited for steep slopes and
critical areas, and severe climate conditions.
There are other organic materials which make excellent mulches but are only
available locally or seasonally. Creative use of these materials can reduce costs.
Chemical Mulches and Soil Binders - The use of synthetic, spray -on materials (except
tacking agents used -with hydro -seeding) is not recommended. A major problem with
their use is the creation of impervious surfaces and, possibly, adverse effects on
water quality.
Nets and Mats - Used alone, netting does not retain soil moisture or modify soil
temperature. It stabilizes the soil surface while grasses are being established,
and is useful in grassed waterways and on slopes. Light netting may also be used'to
hold other mulches in place. Its relatively high cost makes it most suitable for
small sites.
The most critical aspect of installing nets and mats is obtaining firm, continuous
DRAFT II-4-11 JUNE, 1991
STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN DRAFT
TABLE II-4.1 GUIDE TO MULCH MATERIALS, RATES AND USES
Mulch
Quality
Application Rates
Depth of
Material
Standards
Application
Remarks'
1000 ft2 acre
Gravel,
'Washed,
9 yds.'
3 inches
Excellent mulch
slag or
4 - 1
for short slopes
crushed
size
and around woody
stone
plants &
ornamentals. Use
where subject to
foot traffic.
Approx. 2000 lbs/
yd.'
Hay or
Air dried,
75-100 1h-2h
Minimum of
Use where the
straw
free from
lbs. or tons
2 inches
mulching effect is
unwanted
2-3 bales or
to be maintained
seeds &
90-120
for >3 months. Is
coarse
bales
subject to wind
material
blowing unless
kept moist or
tacked down. Most
common & widely
used mulching
material. Can be
used in critical
erosion areas.
Wood
Dyed green
25 - 30, 1000-
If used on
fiber
should not
lbs. 1500
critical areas,
cellulose
contain
lbs.
double the normal
(partially
growth
application rate.
digested
inhibiting
Apply
wood
factors
w/hydromulcher. No
fibers)
tie -down required.
Packaged in 100
lb. bags.
'All mulches will provide some degree of (1) erosion control'; (2) moisture
conservation, (3) weed control, and (4) reduction of soil crusting.
DRAFT II-4-13 JUNE, 1991
STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN DRAFT
II-4.5.3 BHP E1.35: Permanent Seeding and Planting
Code: PS Symbol:
Definition The establishment of perennial vegetative cover on disturbed areas.
To establish permanent vegetation (such as grasses, legumes and trees and shrubs) as
rapidly as possible to prevent soil erosion by wind or water, and to improve
wildlife habitat and site aesthetics.
To provide pollutant filtration (biofiltration) in vegetation -lined channels and to
establish constructed wetlands as required. (see BMPs RW.10 and RB.05 in Chapter
III-4)
This BMP may be used alone or in conjunction with other'BMPs such as BMP E1.20,
Clear Plastic Covering, to fulfil the conditions contained In WAC 173-275-060(2)(a),
Stabilisation and sediment trapping.
Conditions Where Practice Applies
• Graded, final graded or cleared/areas where permanent vegetative cover is
needed to stabilize the soil.
• Areas which will not be brought to final grade for a year or more.
• In vegetation -lined channels. _
• In retention or detention ponds as required.
Advantages
• Well established grass and ground cover can give an aesthetically pleasing,
finished look to a development.
Disadvantages/Problems
1. Vegetation and mulch cannot prevent soil slippage and erosion if soil is not
inherently stable.
2. Coarse, high grasses that are not mowed can create a fire hazard in some
locales. Mowed grass, however, provides less stability and sediment filtering
capacity.
3. Grass planted to the edge of a watercourse may encourage fertilizing and mowing
near the waters edge and increase nutrient and pesticide contamination.
4. May require regular irrigation to establish and maintain.
Planning considerations
Vegetation controls erosion by reducing the velocity and the volume of overland flow
and protecting the bare soil surface from raindrop impact.
Areas which must be stabilized after the land has been disturbed require vegetative
cover. The most common and economical means of establishing this cover is by
seeding grasses and legumes.
Advantages of seeding over other means of establishing plants include the small
initial establishment cost, the wide variety of grasses and legumes available, low
•DRAFT II-4-23 JUNE, 1991
STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN DRAFT
Portions Percent
Name by Weight Purity Germination
Kentucky Bluegrass 30% 85 80
(Adelphi, Baron or Fylking)
Creeping Red Fescue (Pennant) 40% 98 90
Perennial Rye (Derby or Pennant) 30% 95 90
Rural Application:
Kentucky Bluegrass ( oa 15% 85 80
Pratensis) (Birka, Majestic
or Sydsport)
Tall Fescue (Festuca Arundincea) 40% 95 90
(Arid, Jaguar, or Rebel)
Perennial Rye (Lolium perenne) 30% 95 90
(Derby or Pennant)
Chewings Fescue (Banner) 15% 95 90
Cover the seed with topsoil or mulch no deeper than inch.
"Hydro -seeding" applications with approved seed -mulch -fertilizer mixtures may also
be used.
Wetlands seed mixtures - For newly created wetlands, a biologist should design
plantings to provide the best chance of success. As a guide apply the following
mixture at a rate of 60 lbs/acre, and/or additional tubers for cattail, bulrush,
slough sedge, as required by the local Government. See Chapter III-5, Volume III
for more information on constructed wetlands. Do not under any circumstances use
introduced, invasive plants like reed canarygrass (Phalaris arundinacea) or purple
loosestrife (Lythrum salicaria). Using plants such as these will cause many more
problems than they will ever solve.
Proportions Percent
Name by Weight Purity Germination
Red Top (Agrostis alba) 30% 92 80
Birdsfoot Trefoil 30% 90 80
(Lotus corniculatus)
Creeping Red Fescue 40% 98 90
(Penn lawn)
Tree and shrub planting
Besides their erosion and sediment control values, trees and shrubs also provide
natural beauty and wildlife benefits. When used for the latter, they are usually
more effective when planted in clumps or blocks. These procedures should be
followed:
1. Trees and shrubs will do best in topsoil. If no topsoil is available,
they can be established in subsoil with proper amendment. If trees and
shrubs are to be planted in subsoil, particular attention should be paid
to amending the soil with generous amounts of organic matter. Mulches
should also be used.
DRAFT II-4-25 JUNE, 1991
STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND BASIN DRAFT
II-4.5.4 BMP E1.40: Sodding
Code: SO Symbol:
Definition Stabilizing fine -graded disturbed areas by establishing permanent grass
stands with sod.
Purpose
To establish permanent turf for immediate -erosion protection or to stabilize
drainageways where concentrated overland flow will occur.
This BMP may be used to fulfil the conditions contained in WAC 173-275-060(2)(a),
Stabilisation and sediment trapping.
Conditions Where Practice Applies
• Disturbed areas which require immediate vegetative cover.
• Waterways carrying intermittent flow, where immediate stabilization or
aesthetics are factors and other locations which are particularly suited to
stabilization with sod.
Advantages
1. Sod will give immediate protection.
2. Sod gives an immediate vegetative cover, which is both effective in checking
erosion and is aesthetically pleasing.
3. Good sod has a high density of growth which is superior in protection to a
recently seeded area.
4. Sod can be placed at any time of the year provided that soil moisture is
adequate and the ground is not frozen.
Disadvantages/Problems
1. Sod is expensive.
2. Sod is heavy and handling costs are high.
3. Good quality sod, free from weed species, may be difficult to obtain.
4. If laid in an unfavorable season, midsummer irrigation may be required. This
also applies to very droughty sandy soils.
5. Grass species in the sod may not be suitable for site conditions.
6. If mowing is required, do not use grass sod on slopes steeper than 3:1 (use
minimum maintenance ground covers).
7. If not anchored or drained properly, sod will "roll up" in grassed waterways.
Design Criteria
• Shape and smooth the surface to final grade in accordance with the approved
grading plan.
• Use of topsoil shall be in accordance with the requirements of Topsoiling (BMP
E1.50).
DRAFT II-4-27 JUNE, 1991
STREET
MEMORANDUM
CITY OF EDMONDS
PLANNING DIVISION
July 6, 1992
TO: JEFFREY S. WILSON, AICP, CURRENT PLANNING SUPERVISOR
FROM: JOHN BISSELL, CODE ENFORCEMENT TECHNICIAN
SUBJECT: CRITICAL AREAS STUDY FACTS AND CONDITIONS
CA-92-91 Lot located at 9117 Olympic View Drive.
Antonina Kairez has submitted a critical areas checklist for property located at 9117 Olympic View
Drive. The property is mapped as an area of unstable slopes on the Critical Areas Map. A site
inspection of the property revealed steep slopes with a substantial amount of vegetation. Subsequent site
inspections revealed that much of the vegetation was cleared from the slopes without permits.
Therefore a Critical Areas study is required to determine slope stability and mitigating measures to
restore the site. The critical areas study must be conducted by a geotechnical engineer and a wildlife
biologist. The study should present facts, conclusions and mitigating measures for site restoration.
In addition to the required study the applicant is required to follow the conditions listed below:
1. The applicant must provide the City with a grading and clearing plan which conforms to
the recommendations of the required study
2. The applicant must provide the City with a re -vegetation plan which conforms to the
recommendations of the required study
3. The applicant must follow all erosion control measures imposed by the City Engineering
Division which conforms to the recommendations of the required study
4. The applicant may dispose of graded material in an approved manner. The applicant may
not dispose of any graded material by pushing the material over the side of the western
bank.
5. The applicant may not grade any material or remove any vegetation from the side of the
western bank.
If you concur with these conditions, please indicate your concurrence below
J fr y S. ,Ison, AICP, Current Planning Supervisor
SCALE:
TREE FILE
S
1" = 50'
VIOLATION REPORT FS ,-
FkF
VIOLATION #
'
ZE-9245
`•
PROPERTY LOCATION:
DATE OF COMPLAINT:
DATE OF REPORT
1
9117 Olympic View Drive
6/2/92
PROPERTY OWNER NAME:
PROPERTY OWNER ADDRESS:
Ph.
Nicholas & Antonina Kairez
P.O. Box 1154 Lynnwood WA 98016
TENANT NAME:
TENANT ADDRESS:
Ph.
George Kairez
9117 Olympic View Drive
771-9554
COMPLAINANT NAME:
COMPLAINANT ADDRESS
Ph.
CODE SECTIONS VIOLATED:
VIOLATION:
19.00(UBC 7003); 19.00(UBC 202(d));18.45.020
Grading without a permit, Clearing without a permit,
Working under an official stop work order.
SURROUNDING LAND USE
APPLICABLE PERMITS AND FILES:
Residential SF
ZONE DISTRICT:
ATN:
RS-12
0727-043-001-00
REPORT:
On Friday, May 29, 1992, Jim Walker , asst. city engineer, requested I investigate a complaint of illegal grading at 9117
Olympic View Drive he had received by phone. Mr. Walker stated this site had a history of problems and that the property
owner had been contacted a number of times in attempt to resolve the problems. Before leaving to investigate the
complaint, I contacted John Bissell, City Code Enforcement Technician, about problems he had on the site. Mr. Bissell
informed me he was currently investigating violations of the city's clearing ordinance on that site. Some large trees had
been removed from the site without the necessary permits and clearing had begun, again without the necessary permits. It
seemed Mr. George Kairez, son of the property owners, had contacted the city in October of 1991, requesting information
on "clearing".When Mr. Kairez was told a permit was necessary before such work could be started, he demanded an
explanation, in writing, for the requirement. Ed Somers, associate planer for the city, responded to Mr. Kairez's request
the following day, explaining why a clearing permit was required) Mr. Bissell will file a separate report detailing the
history of enforcement actions on this site. 1
AT about 10:00 am on May 29, Steve Bullock, Planing intern and I, visited 9117 Olympic View Drive to investigate the
illegal grading complaint. We observed the following;
We observed three sections of a recently cut tree lying on the right side of the driveway about 50' from the entrance. On
the left side of the drive approximately 30' further in , or 80' total from entrance, we observed the stump of a cut tree
pushed on top of a new cut into the bank adjacent the drive. It appeared the new cut into the bank was made to
accommodate vehicle parking. A "step van" was backed into this new cut. We continued into the site to the home where
we observed a large portion of the "rear yard" had been stripped of all grass and vegetation, exposing bare earth. A "back
hoe" was in operation removing the stumps of recently cut trees. We further observed segments of large trees lying along
the edge of the steep bank on the western boundary of the property. We where then met by a male who identified himself
as Mr. George Kairez, the property owner. I identified my self as the building official for the City of Edmonds and
notified Mr. Kairez we were ordering him to "Stop Work" at once for grading without the required permits. I handed Mr.
Kairez a copy of the "Stop Work" order and posted the order on the site. Mr. Kairez became quit agitated, arguing he
wasn't grading but merrily maintaining his lawn. Mr. Kairez, Steve Bullock and I walked the site while Mr. Kairez
repeatedly agreed he was only doing lawn maintenance. I continue to repeat the city's position that the work he was doing
was grading.
1?// 7 C)U6
During our conversation Mr. Kairez conveyed to me his intention to till all of the area that he had cleared and to replant
grass. He also mentioned he intended to push the debris on site over the high slope bank. I told Mr. Kairez that I could not
permit him to push the debris over the bank and asked that he not do that. Mr. Kairez asked if I would allow his back hoe
operator to finish filling the hole he was working on since he was near finished and since Mr. Kairez did not want to have
the operator return at a latter date. I agreed to allow the following work to be completed under the stop work order and
made a point to insure Mr. Kairez understood the extend of the work I would allow;
1. I would allow the back hoe operator to fill the hole he had dug to remove the stump, that would required about 30
yards of dirt to fill.
2. I would allow two small piles of debris, about 10' in diameter and 6' height, to be moved to the northern end of the
Property where they would be added to an existing larger pile.
3. I didn't want any other work done on the site without first obtaining the required permits. I again repeated I didn't
want the larger pile of debris, about 15' in diameter and 12' high, to be pushed over the bank. Mr. Kairez agreed to
the condition and further stated he would come into the office that day to apply for the necessary permits.
On my return to the office I found Mr. Kairez waiting. He filled out the necessary application for permits and supplied us
with plans. We accepted his application and routed it to planning and engineering for review. During the application
process, I asked Don Fiene, Hydraulics engineer for the city, to review the plot plan and make recommendations on the
need for erosion control. In an attempt to response quickly, Mr. Fiene agreed to follow Mr. Kairez to the site to review the
soil and slope conditions. On their return I spoke with Mr. Fiene. He felt there was enough of a natural vegetation buffer
to control any erosion and therefore didn't require any additional erosion control. I explained to Mr. Kairez the application
would be routed to the planning department for review before the permit could be issued. Mr. Kairez left. About 20
minutes after Mr. Kairez left, staff discovered that a "Critical Areas Review" was necessary for the site. Mr. Kairez was
contacted, and he returned to the office and completed the Critical Areas Checklist.
On arrival at the office -on Monday, June 1, 1992, 1 was advised by staff that complaints had been received regarding work
that had been done on the site over the weekend. John Bissell and I returned to the site to investigate the new complaint.
When we arrived on site we found Mr. Kairez had indeed be working over the weekend. The area cleared and graded had
increase at least twice in size. The grassy buffer zone to prevent erosion was now gone. We witnessed the back hoe
operator in the act of pushing the large pile of debris over the bank. I questioned the operator why he was pushing the pile
over the bank when I had specifically asked that not be done. He responded that he thought we said not to bum the pile. At
this point Mr. Kairez arrived on the scene. I asked why he had done more than we had agreed to and why he had pushed
the debris over the bank after I had asked that he not do so. He responded that he had forgotten to tell the operator not
push the pile over the bank and that the operator didn't know not to. He further stated that he felt he wasn't grading and
was not in violation of the "Stop Work". A heated agreement resulted ending with name calling on Mr. Kairez part and a
promise of a citation by myself. Before leaving I restated the city's position. Grading was being conducted on his site and I
wanted all work to stop until permits were issued.
CONCLUSION:
I believe Mr. Kairez had knowledge of the cities requirements in this case because he had been contacted on a number of
occasions about tree cutting and clearing and he had a grading application under review. Mr. Kairez was also advised of
the permit requirements and ordered to stop work. It would seem Mr. Kairez choose to complete the work in violation of
the stop work order and without the permits required by the ECDC.
ACTION:
I recommend Mr. Kairez be cited for violation of ECDC Chapter 19.00.000 , UBC §203(d) working when ordered to stop
work and for a second violation of ECDC Chapter 19.00.000, UBC §7003 Grading Permit Required.
REPORTING OFFICIAL
Dick Mumma, Building Official
M
MICRO DATA OLfunA1NE1ANmm
❑ INFRACTION' CRIMINAL] �� TRAFFIC ID NON-TRAFFICI 0046320
O STATE OF WAS
NGTON
O COUNTY OF S OHOMISH .PLAINTIFF VS. NAMED DEFENDANT
SxCMaONM OF EDMONDS
IN THE ❑ DISTRICT [e( MUNICIPAL COURT OF EDMONDS _ wASHINGiDN
WASHIINGTON NGLC :8li"T WA mime
vj THE UNDERSIGNED CERTIFIES AND SAYS THAT
IN THE STATE O� N
EX%RFS 16OGAl SEWRITV
DRIVER'S LICENSE NO
STATE
NAME LAST
FIRST INITIAL I ER
O
KAIREZ,
GEORGE P. NEEDED
ADDRESS
0IF NEW ADDRESS
9117 Olympic
View Drive aPISSENGER
CITY
STATE ZIPCODE EMPLOYER
Edmonds, WA
I _ _
SE% RACE
IE„GHT WRIGHTEVE5 HAIR RENDENTIAL PHONE NO.
M !
1 771-9554
VIOLATION DATE
MONTH DAY YEAR TIME
ON OR ABOUT
06 01 92 EA HOUR
AT LOCATION
MV CITY/COUNTVOF
9117 Olympic
View Drive, Edmonds, Snohomish
Ulu UPIVWA VEHIIXELICENSE HO.Ic1111, 9TATEM EFRREB YVEH.VR. MARE Ycn" ODEL^ BSI ^ICOLIXI
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ACCIDENT RAC IKOYE$ XAZARD DYES 'E%EMPT OLARM OFIRE
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DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSESANFRACTIONS
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WASHINGTON UNIFORM COURT DOCKET -COURT COPY
WASHINGTON UNIFORM ABSTRACT OF COURT RECORD -DOL COPY _
WASHINGT-QN-UNIFORM NOTICE OF IN"ACTIO&DEF91 DANTS COPY _
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EDMONDS MUNICIPAL COURT
SNOHOMISH COUNTY, STATE OF WASHINGTON
CITY OF EDMONDS, )
NO. 46320
)
Plaintiff, ) COMPLAINT
)
V. )
GEORGE P. RAIREZ, )
)
Defendant. )
)
The above -named defendant is hereby accused of the crime of
violating a stop work order, committed as follows:
That the defendant in the City of Edmonds, Washington on or about
June 1, 1992,
Cleared and graded an area in excess of two times the area
that had originally been observed by the inspector on May 29, 1992
when the stop work order was issued, had removed a grassy buffer zone
that existed on May 29, 1992 when the stop work order was issued, and
was in the act of pushing a large pile of debris over the bank with a
backhoe; and
On May 29, 1992 the building official had both served the
defendant with a stop work order and posted the stop work order on
site, and had verbally informed the defendant to cease all work and to
return to the City's office for applications, etc.; and
Complaint - 1
TAR22265.1 P/0".040.0W
Law Offices of
OGDEN MURPHY WALLACE
2100 Westlake Center
1601 Fifth Avenue
Seattle, Washington 98101-1686
(206) 447-7000/FAX: (206)447-0215
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That on May 29, 1992, the defendant did appear at the
building office, and make application for grading to be reviewed by
the City; and
- The City discovered a critical areas review was necessary,
and the defendant completed a critical areas checklist on May 29,
1992; and
- On May 29, the building official specifically informed the
defendant he was not to do any work at all except to finish filling
one hole from the removal of a stump, and to move two small piles of
debris about 10 feet in diameter by 6 feet in height to the north end
of the property; and
- On May 29, the building official specifically informed the
defendant he was not to push debris in the large pile over the bank;
and
Defendant was never issued any permits, etc. by the City;
and
Defendant is in control of said property.
Said acts are contrary to the Uniform Building Code Section
202(d) and 205, and City Code Section 19.00.000 adopting the Uniform
Building Code by reference, and Section 19.00.080 making it a
misdemeanor to violate any provisions of the Uniform Building Code,
and contrary to the peace and dignity of the State of Washington.
DATED this J day of U , 1992.
EDMONDS CITY ATTOR*F-YS OFFICE.`)
Complaint - 2
TAR22265.1P/0006.0Q.0M
By:
Theresa A. Romano -Preston
City Attorney's Office
Law Offices of
OGDEN MURPHY WALLACE
2100 Westlake Center
1601 Fifth Avenue
Seattle, Washington 98101-1686
(206) 447-7000/FAX: (206)447-0215
The above -signed prosecutor does certify, under penalty of
perjury, that she has reasonable grounds to believe, and does believe,
that the defendant committed the offense, contrary to law.
Complaint - 3
TAR22265.1 P/0006.040.00f3
Law Offices of
OGDEN MU"HY WALLACE
2100 Westlake Center
1601 Fifth Avenue
Seattle, Washington 98101-1686
(206) 447-7000/FAX: (206)447-0215
IN
MICRO OATAOLVWIAIM 404M
O INFRACTION CRIMINAL !d TRAFMRC ®HON-TRAFFIC 0046319
D STATEOFWASH GTON
a COUNTY OF SN HOMISH .PLAINTIFF VS. NAMED DEFENDANT
Q[CITYITOWN OF EDMONDS
INTHELJ UIS I HIUI L MUNNAYPL WUNI Vr c
Wisiurvorox SNOHOMISH _Ad 131-133 wI WA D3/02L
THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON
DRIVER'S LICENSE NO. STATE IECRPE$ SODMISECDflITY NUMBER
AME LAST FIRST IN
TIAL 0INTERPRETER
KAIREZA_ GEO_RGE p. NEEDED
ADDRESS G IF NEW ADDRESS
9117 Olympic -View Drive aPASSENGER
Crtr Edmonds, WA STATE -FP CODE �EmPLovER
y% EIGHT WEIGHT EYES XAIfl R EBIBMTnrioNENO.
M RACE H 1 771-9554
VIOLATION DRTE NUNTX MY YEAR TIME
ON OR ABOUT 05 29 92 24 HOUR
AT LOCATION M.P. - CITY/COUNTY OF
9117 Olympic View Drive, Edmonds, Snohomish
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EXICLELICENSEIq.
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grading permit.
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WASHINGTON UNIFORM NOTICE OF INFRACTION -DEFENDANTS COPY
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EDMONDS MUNICIPAL COURT
SNOHOMISH COUNTY, STATE OF WASHINGTON
CITY OF EDMONDS,
V.
GEORGE P. KAIREZ,
Plaintiff,
Defendant.
NO. 46319
COMPLAINT
The above -named defendant is hereby accused of the crime of
grading, (excavation or the mechanical removal of earth material,)
without a grading permit from the building official; committed as
follows:
That the defendant in the City of Edmonds, Washington on or about
May 29, 1992,
- Caused the stump of a cut tree to be pushed on top of a new
cut in the bank adjacent to the drive; and
Caused a cut into the bank that was made to accommodate
vehicle parking moving substantial earth; and
Stripped a large portion of the rear yard of all grass and
vegetation, exposing bare earth; and
Complaint - 1
TAR222&.1 P/0006.0W.0W
LAW Offices of
OGDEN MURPHY WALLACE
2100 Westlake Center
1601 Fifth Avenue
Seattle, Washington 98101-1686
(206) 447-7000/FAX: (206)447-0215
i
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Removing several stumps of recently cut trees with a
backhoe, and
- Had moved large trees, debris and earth, etc. to the edge of
a steep bank on the west side of the property; and
Did move approximately 30 yards of fill dirt to fill a hole
from removal of a large tree; and
Caused excavation or fill total in excess of 50 cubic yards;
and
Defendant was never issued any permits by the City; and
Defendant is in control of subject property.
Said acts are contrary to the Uniform Building Code Section 7003,
the City Code Section 19.00.000 adopting the Uniform Building Code by
reference, and Section 19.00.080 making the violation a misdemeanor,
and against the peace and dignity of the State of Washington.
DATED this — day of �� , 1992.
EDMONDS CITY ATTORNEY'S OFFICE
By: J/� -Z
Th resa A. Ro o-Preston
City Attorney's Office
The above -signed prosecutor does certify, under penalty of
perjury, that she has reasonable grounds to believe, and does believe,
that the defendant committed the offense, contrary to law.
Complaint - 2
TAR222&.1 P/0006.040.003
Lea Officer of
OGDEN MURPHY WALLACE
2100 Westlake Center
1601 Fifth Avenue
Seattle, Washington 98101-1686
(206) 447-7000/FAX: (206)447-0215
MICRO DATA OLYMNA IMP 40,13011
❑ INFRACTION CRIMINALI ❑ TRAFFIC ® NON -TRAFFIC 0046318
O STATE OF WISH Si JWA H J�GTON
.. D COUNTY OF SNOHOMISH .PLAINTIFF VS NAMED DEFENDANT
7p CITY/TOWN OF EDMONDS
STATEOF L COURT
ND,nF°N SNOHOMISH Nclxoi _ 1-31-133 _«EDI-G WA 031021J
WE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON
DRIVERS LICENSE NO. jSiRTI E E%P� IRES ISCCiwL SECURITY NUMBER
NAME: LAST FIRST INITIAL 0INTERPRETER
EAIEEZ GE02G_E_ P. NEEDED
ADDRESS 0IF NEW ADDRESS
9117 Olympic View Drive 0PASSENGER
CITY STATE ZIP CODE
EMPLOYEfl
Edmonds, WA
SEA MCE AT F IRTX
WEICJIT
T
EYES RESIDENTIAL PNONENO.
�HFIGHT
'XAIfl
771-9554
VILEPLAI TE DAY YFgfl TIME
OH OR gIBOUT 05 21 92
AT LOCATION M.P. CITY/COUNTY OF
9117 Ol is View Drive, Edmonds, Snohomish
DID OPEMTETHE MOMMO VEHICLE/MOT OR VEHICLE ON A PUBLIC HIGHWAY
AND
VEHICLE LICENSE NO. STATE EXPIRES VEX.YR. MAKE
I
MODEL STYLE
{COLOR
TRAILIM 01 LICENSE NO. TATE EXPRES ITTLYR. RAILER IV LICEN5E NO. STg E E%NR6 TR.YR.
OVINERIGGIMPANYIPOIN1,H TXANUMVtM ADDRESS CITY STATE Or WOE
gCC10ENT C FROUP0 YES HAZARD O YES EXEMPT D FARM 0 FIRE
HO EDIF EARML IVEHIME ONO PLACURD ONO VEHICLE ORV. 0OTHER
DID THEN AND THERE COMMIT EACH OF WE FOLLOWING OFFENSES/INFRACTIONS _
1 NOIATIONRTAIDTE WDE DESCRIPTION VEHICLE SPEED 1 A ZONE ORPRCER
ECDC 18.45.020, 1,.45.040(c) - _Eng�ing inorcausing�nw
an [o e c eare without an clearing permit.
ZVOLATIONSTATUTECDDE DESCRIPTION
ENALTV/BAIL
U.S. FUNDS 14andt.
PPEALVWCE MO. Of. VIC TIME AM. UVVKI G
GATE NOT
DATE I I I P.M DATE
ISSUED
WITHOUT ADMITTING HAVING LOMMITT[D EACH OFmem
THE ABOVE I FF&lIlr pFFENSES I IMPISH TO
areww�
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RESPOND g501RECTEU ON TNI$HOT{CE.
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OFFICER JOkn-BiseeT NUMBER
7i Inves[i ationZ__
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A A E EDMONDS
._
.WA
DEFENDANP$G SNATURE
INFRACTION COMPLAINT/CIT TIO PENALTY
IMF RE$IUNSE
ISPO$TONj CRGI PLEA
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FINDING FINE
SUSPENDEDI
SUBTOTAL
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(A)
JUDGMENT DATE $E
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A D3TMCT ENDED RECOMMENDED NONEOENNON
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TO OLYMM OFISPENSION
S
SURRENDER DATE
WASHINGTON UNIFORM COURT DOCKET -COURT COPY .�
WASHINGTON UNIFORM ABSTRACT OF COURT RECORD - DOL COPY
.. - WASHINGTON UNIFORM NOTICE OF INFRACTION -DEFENDANTS COPY
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EDMONDS MUNICIPAL COURT
SNOHOMISH COUNTY, STATE OF WASHINGTON
CITY OF EDMONDS, )
NO. 46318
)
Plaintiff, ) COMPLAINT
V. )
)
GEORGE P. KAIREZ, )
)
Defendant. )
The above -named defendant is hereby accused of the crime of
clearing without a clearing permit, committed as follows:
That the defendant in the City of Edmonds, Washington on or about
May 21, 1992,
- Engaged in or caused land to be cleared by cutting down or
significantly cutting back trees, brush, or other vegetation,
specifically cutting down one tree one foot in diameter, and another
tree four and one half to five feet in diameter and removing the
stumps etc.; and
Defendant was never issued any permits by the City; and
Defendant is in control of subject property.
Said acts are contrary to the City Code Section 18.45.020,
26 ///
Complaint - 1
TAR2M62.1 P/0006.040.003
Law Offices of
OGDEN MURPHY WALLACE
2100 Westlake Center
1601 Fifth Avenue
Seattle, Washington 98101-1686
(206) 447-7000/FAX: (206)447-0215
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punishable as a misdemeanor under Section 18.45.070, and against the
peace and dignity of the
-rState of Was )ton.
DATED this 5 /v\ day of v U� , 1992.
EDMONDS CITY ATTORNEY'S OFFICE
By:
heresa A. Rozz -Preston
City Attorney's Office
The above -signed prosecutor does certify, under penalty of
perjury, that she has reasonable grounds to believe, and does believe,
that the defendant committed the offense, contrary to law.
Complaint - 2
TAR22262.IP/0006.040.003
Law Offices of
OGDEN MURPHY WALLACE
2100 Westlake Center
1601 Fifth Avenue
Seattle, Washington 98101-1686
(206) 447-7000/FAX: (206)447-0215
890-199-
CITY OF EDMONDS LAURAM.HALL
250 - 5TH AVE. N.. EDMONDS. WA 98020 • (206) 771-0220 • FAX (206) 771-0221 MAYOR
COMMUNITY SERVICES DEPARTMENT PETER E. HAHN
Public Works • Planning e Parks and Recreation a Engineering DIRECTOR
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Re:
Transmitting: 't_
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AS YOU REQUESTED FOR YOUR FILE
STREo. F�sv��E
Project No.:
FOR YOUR INFORMATION v FOR POSTING IN PUBLIC PLACE
AS WE DISCUSSED V FOR SIGNATURE AND RETURN
FOR APPROPRIATE ACTION
Remarks: _Piuir.�, ra AgiId be u-,wd a� +hi5 *-Lye- of ryas- -to reduce
r"u;reweAs acid ot-oduc a a qa�2 dow-f cover- (12or avide6es Z glau
u0u -irks rr+or"ircA). O1- U 1�h^iviiwal seedbad i2rargrAkoj" WW )e, rlejej
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Printed Name and Title
TRNSMTL/TXTFORMS
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
BUILDING NG
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June 5, 1992
ATTORNEYS AT LAW
Seattle Office.
2100 Weetleke Center Tower
1601 Fifth Avenue
Seattle, WA 98101.1686
(206)447.7000
FAX (206) 447-0215
Mr. Ge a P. Kairez
911 Olympic View Drive
onds, WA 98020
Re: Code Violations
Dear Mr. Kairez:
JUN 11 1992
JUN 6 1992
John D. Wallace
R. Miller Adams
Douglas E. Albright
Charles D. DeJong
Lee Corkrum
John F. DeVleming
Wayne D. Tanaka
Robert T. Dollinger
Andr6
ead
Robert G*GR
rl?
Milton H. Doumit
Kathleen C. Healy
e
Kent C. Meyer
/
C.Y. Pend
saica
r C esaice G. Rickard
s A. Rozzano
Christopher A. Washington
James E. Haney
eresa
Susan N. Slonecker
Phillip C. Raymond
Gil Sparks
Charles D. Zimmerman
Carol D. Bernasconi
Counsel to the Firm
William F. Joyce
Stanbery Foster, Jr.
Karen Sutherland
Rose D. Jacobson
David A. Ellenhorn
John J. O'Donnell
Of Counsel
James A. Murphy
Retired
Raymond D. Ogden, Jr.
Enclosed please find your copies of citations that have been filed
with the Edmonds Municipal Court for violations of the Edmonds
Community Development Guide and the Uniform Building Code. Also
attached are your copies of the official complaints that are filed
with the Edmonds Municipal Court. Finally, attached is a copy of
several reports that are filed by different City officials
regarding the violations contained within the complaints and the
citations.
Because of the history and your previous actions on this case, I am
informing you that if any further violations occur, the City will
seek an arrest warrant from the judge at the Edmonds Municipal
Court, to have you placed in custody until the case is heard at
trial.
If you have any questions, please contact John Bissell or Dick
Mumma at the City of Edmonds.
Very truly yours,
OGDEN MURPHY 71;-1410
Theresa A. Rozzano-Preston
TAR/srh
Enclosure
cc: John Bissell/
Dick Mumma✓
David Steiner
TA)MOSIM/OOOi ANM
Wenatchee Office: 1 South Chelan Streek P. 0. Box 1606, Wenatchee, WA 98807, (509) 882.1954, FAX (509) 883.1553
Interoffice Memo
To: Theresa Rozzano, City Attorney IREer
From: Dick Mumma, Building Official
Date: June 5 1992
Subject: Estimate of graded yardage at 9117 Olyview Drive
On Friday, May 29, 1992, while investigating a complaint of illegal grading at 9117 Olympic View Drive
in the City of Edmonds, I observed grading in excess of 50 cubic yards as follows;
Grading of surface area of approximately 3/4 areas to a depth of 1 to 3 inches that was performed
with a "back hoe" tractor to remove vegetation. An area about 150' x 200' had been cleared to the
north of the residence or about 3/4 areas.
150ft x 200ft x (2/12)ft = 5000 cu. ft. / 27 (convert to cu. yds) = 185 Cu Yds.
I observed three piles of debris on site, two small and one large. I will only consider the large pile at
the north end of the site. It was about 15' in diameter and 12' high. The area of the base of the pile
is 176 sq. ft., using an average of 6' height the cubic footage would be 1060 cu. ft. / 27 to convert to
cubic yards, the pile would have contained 39 cubic yards
I also observed excavation of a tree stump that Mr. Kairez calculated himself to be about 30 cubic
yards.
185 + 39 + 30 = 254 cubic yards > 50 cubic yards.
On my return to the site on June 1, 1992, I found Mr. Kairez had graded an at least another 3/4 areas or
another 177 yards.
yardage. mn
890 199-
CITY OF EDMONDS
250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221
COMMUNITY SERVICES DEPARTMENT
Public Works • Planning . Parks and Recreation . Engineering
To: I Gk A/Mrncl
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Re: 7/1-7 v/
Transmitting:
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Project No.:
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AS YOU REQUESTED _K FOR YOUR FILE
FOR YOUR INFORMATION >C FOR POSTING IN PUBLIC PLACE
AS WE DISCUSSED
FOR SIGNATURE AND RETURN
LAURA M. HALL
MAYOR
PETER E: HAHN
DIRECTOR
FOR APPROPRIATE ACTION / p►
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• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
F_.s,rr•
CITY OF EDMONDS LAURA M. HALL
250 - 5TH AVE. N. • EDMONDS, WA 98020 - (206) 771-0220 FAX (206) 771-0221 MAYOR
COMMUNITY SERVICES DEPARTMENT PETER E. HAHN
j p Public Works • Planning • Parks and Recreation . Engineering DIRECTOR
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STREET FiLk
Date: 6
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Project No.:
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Re:
Transmitting:
AS YOU REQUESTED
FOR YOUR INFORMATION' t�
AS WE DISCUSSED
FOR APPROPRIATE ACTION
FOR YOUR FILE
FOR POSTING IN PUBLIC PLACE
FOR SIGNATURE AND RETURN
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Critical Areas Checklist RECEIVED
Site Information MAY 2 9 1992
Project Name: 117(/7VNI#�' it Number. _ pr a WER
Site Location: 9.07 OLYA06 V(0,'Property Account Number- -Tc�d
Approximate Site Size (acres or square feet): 3 ®wee
Have you filled out a Critical Areas Checklist for a project on this site before?
General Site Conditions acweleler"Vr �
1. Has the site been cleared or logged?Sfi Date of most recent action:
Soils / Topography
2. In the Snohomish County Soil Survey, what is the mapped soil type(s)?
3. Describe the general site topography. Check all that apply.
Flat: less than 5 feet elevation change over entire site.
--Rolling: slopes on site generally less than 15% (a vertical rise of 10 feet over a.
horizontal distance of 66. feet.)
Hilly: slopes present on site of more than 15% and less than 30% ( a vertical rise
of 10 feet of horizontal distance.)
Steep: grades of greater than 30% present on site.
Comments
Hydrology/Vegetation
4. Site contains areas of ear -round standing water. r
y g
5. Site contains areas of seasonal standing water. N Approx. Depth:
6. Site is in the floodway floodplain of a water course.
7. Site contains a cr Wl"
n area where water flovgs oss the grounds surface? j iflows
are year-round? Flows are seasonal?
8. Site is forested : meadow ;shrubs _;mixed
primarily:
9. Obvious wetland is present on site:
10. Wetland inventory or map indicates wetland present on site: 90
11. Critical Areas inventory or map indicates any Critical Area on site:
For. Use Only...
:WAIVER :Critical areas study is nbt'required..
j
Determination Number.. -Reviewer.
Planer
Rey 3n7/9z
a90-19'1
Cityof Edmonds
Critical Areas Checklist.
The Critical Areas Checklist contained on
this form -is to be filled out by any person
preparing a Development Permit
Application for the City of Edmonds prior
to his/her submittal of a developmentpermit
to the City.
The purpose of the Checklist is to enable
City staff to determine whether any potential
Critical Areas are or may be present on the
subject property. The information needed. to
complete the Checklist should be easily
available from observations of the site or
data available at City Hall (Critical Areas
inventories, maps, or soil surveys).
An applicant, or. his/her representative, must
fillout the checklist, sign and date it, and
submit it to the City. The City will review%
the checklist, make a precursory site visit,
and ma1w a determination of the subsequent
steps necessary to complete a development
permit application.
With a signed copy of this form, the
applicant should also submit a vicinity map
of the parcel with enough detail that City
staff can find and identify the subject
parcel(s). In addition, the applicant is
encouraged to include any other pertinent
information or studies in conjunction with
this Checklist to assist staff in completing
their preliminary assessment of the site.
I have completed the attached Critical Area Checklist and attest that the answers provided are
factual, to the best of my knowledge (fill out the appropriate column below).
Owner / Applicant:
George Kairez
Name
Owner Rep.
Title
9117 Olympic View Drive
Street Address
Edmonds, WA 98026
City, State, ZIP Phone
Applicant Representative:
Name
Title
Street Address
City, State, ZIP Phone
__
Signature Date
Signature
Date
MEMORANDUM
CITY OF EDMONDS
PLANNING DIVISION
June 14, 1993
TO: FILE CA-92-91
VIA: ROB CHAVE, PLANNING MANAGER
FROM: JOHN BISSELL AICP, CODE ENFORCEMENT TECHNICIAN
SUBJECT: THREE PARTY CONTRACT FOR STUDY OF SLOPE STABILITY ON
PROPERTY LOCATED AT 9117 OLYMPIC VIEW DRIVE.
On June 5, 1992 the City of Edmonds issued a citation to George Kairez for clearing and grading without
a permit on the property located at 9117 Olympic View Drive. As Part of enforcement Mr. Kairez was
uired to. obtain a clearing permit for the clearing. Prior to the processing of a clearing permit, a
critical areas study was required to assess the stability of the slope to the west of the subject property,
and any reductions in stability created by the clearing and the pushing of debris over the top of the bank
of the slope, and list any mitigation or repair measures. Section 20.15B.150 requires the City, the
Applicant, and the Consultant conducting the study to enter into a three party contract. In this case the
applicant hired Geotech Consultants to perform the required study without entering into a three party
contract.
The City believes that the consultant who performed the work was qualified to perform the work. The
City also believes that the information presented in the consultant's report answered the question about
the slope stability. The City understands that the applicant did not enter into the three party contract as
required by code. However, the applicant has been cited and there have been numerous court hearings.
The citation was issued nearly one year before the writing of this memorandum. In addition the property
owner has submitted preliminary plans for subdivision review for a larger parcel which includes all of the
property that was originally of concern. This new application will require both critical areas review and
SEPA review. This larger parcel includes all of the property that was originally of concern. Therefore,
due to the extreme amount of time spent on the. enforcement of this case, and the inclusion of the
property in a new development application, the City hereby waives the requirement of the three party
contract and considers the study complete.
The critical areas study does not recommend any mitigations. The clearing work was done over one year
ago, and the grasses and other natural vegetation on the site have grown back. Therefore there is no need
for erosion control mitigation.
Any future work will be reviewed separately with a new critical areas review.
/41TA-#' 07,? / - 0,13 - Oo.1.- 60.. ..
Critical Areas Checklist RECEIVED
Site Information STRECT
� MAY 2 9 1992
Project Name: 1" �--i'crmit Number. PERMIT CQ�1,,�'ER
Site Location: WI O&WA& V(P'Property PXAccount Number. 77M
Approximate Site Size (acres or square feet):
Have you filled out a Critical Areas Checklist for a project on this site before?
General Site Conditions 41 G.-f cfar"V
1. Has the site been cleared or logged?�Sf-�E'� Date of most recent action:
Soils / Topography •�
2. In the Snohomish County Soil Survey, what is the mapped soil type(s)?
3. Describe the general site topography. Check all that apply.
Flat: less than 5 feet elevation change over entire site.
--,Rolling-. slopes on site generally less than 15% (a vertical rise of 10 feet over a.
horizontal distance of 66 feet)
Hilly: slopes present on site of more than 15%and less tan h30% (a vertical rise
of 10 feet of horizontal distance.)
Steep: grades of greater than 30% present on site.
Comments
Rev 3/27/92
MEMORANDUM
CITY OF EDMONDS
PLANNING DIVISION
July 6, 1992
TO: JEFFREY S. WILSON, AICP, CURRENT PLANNING SUPERVISOR
FROM: JOHN BISSELL, CODE ENFORCEMENT TECHNICIAN
SUBJECT: CRITICAL AREAS STUDY FACTS AND CONDITIONS .
CA-92-91 Lot located at 9117 Olympic View Drive.
Antonin Kairez has submitted a critical areas checklist for property located at 9117 Olympic View
Drive. The property is mapped as an area of unstable slopes on the Critical Areas Map. A site
inspection of the property revealed steep slopes with a substantial amount of vegetation. Subsequent site
inspections revealed that much of the vegetation was cleared from the slopes without permits.
Therefore a Critical Areas study is required to determine slope stability and mitigating measures to
restore the site. The critical areas study must be conducted by a geotechnical engineer and a wildlife
biologist. The study should present facts, conclusions and mitigating measures for site restoration.
In addition to the required study the applicant is required to follow the conditions listed below:
1. The applicant must provide the City with a grading and clearing plan which conforms to
the recommendations of the required study
2. The applicant must provide the City with a re -vegetation plan which conforms to the
recommendations of the required study
3. The applicant must follow all erosion control measures imposed by the City Engineering
Division which conforms to the recommendations of the required study
4. The applicant may dispose of graded material in an approved manner. The applicant may
not dispose of any graded material by pushing the material over the side of the western
bank.
5. The applicant may not grade any material or remove any vegetation from the side of the
western bank.
If you concur with these conditions, please indicate your concurrence below
J fr y S. ilson, AICP, Current Planning Supervisor
P
7 .
f i i
By'order of the Building Official for the
City of :Eamon
..........
All Persons Are Ordered TR- T p1L
WORK
AT ONCE
Pursuant to Section 202(d) of the Uniform Building Code the Building Official for the
City of Edmonds hereby orders all work to STOP at the site listed below.
Address:
For the following reason(s):
•
WARNING
Posted this day of AAa The failure to stop work, or the
resuming of work without permis-
sion from the Building Official,
or the removal, mutilation, or
concealment of this notice is
punishable by fine and imprison-
ment.
STArg 0
CURT SMITCH CF
Director ��� �y11889 aoy
S 6m
STATE Of WASHINGTON
DEPARTMENT OF WILDLIFE
16018 Mill Creek Blvd.. Mill Creek. WA 98012
May 14, 1993
Jeff Wilson
Planning Supervisor
City of Edmonds
250 5th Ave. N
Edmonds, WA 93020
Tel. (206) 775-1311
RE: GEORGE KAIREZ PROPERTY, 9117 OLYMPIC VIEW DR., EDMONDS
AND POTENTIAL BALD EAGLE CONFLICT
Dear Mr. Wilson:
Mr. Kairez asked that I write a letter to you stating my findings concerning the presence of a bald
eagle nest in a tree he wished to cut on his property last year. At the time of my visit, there was no
bald eagle nest that I could see in the tree that Mr. Kairez showed me.
During the time Mr. Kairez was clearing his property, there were several reports from different
homeowners near the above address stating that a bald eagle nest tree had been topped. I cannot
confirm nor deny this claim but can verify that a new bald eagle nest has been built in the very near
vicinity.
If anything, the tree that Mr. Kairez cut was a significant perch tree, as are the remaining dominant
trees in the Edmonds/Woodway area. There was no Bald Eagle Site Management Plan in place at
that time and the tree on Mr. Kairez's property had not been formally designated as protected. A
bald eagle site management plan initiated at the time of permit application when the application falls
within a bald eagle territory would prevent such trees from being cut down or topped. Addresses
and locations of Edmonds bald eagle territories will be forthcoming.
Thank you for your interest and efforts to protect wildlife habitat. Please feel free to, call if you
have any questions at 775-1311 ext. 111.
Patricia A. Thompson
Wildlife Biologist
c. George Kairez
..,
STREET'FII-E •
GEOTECH
CONSULTANTS I NC
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MEMORANDUM
13256 N.E. 20th St. (Northup Way)
Suite 16
Bellevue, WA 98005
(206) 747.5618
To
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Attn.
Page of
From 1 G cC ar .,, a Date -93
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14 Job Number
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CITY OF EDMONDS
AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION
OF A CRITICAL AREA STUDY
George Kairez hereinafter referred to as "Proponent,"
, hereinafter referred to as "Consultant," and the City
of Edmonds, Washington, hereinafter referred to as "the City," for and in consideration of mutual
promises contained herein agree and contract as follows:
The City's Planning Official has determined that a Critical Area may exist on or near the
subject property, pursuant to Edmonds Community Development Code (ECDC) Section
20.15.B.
I1. The City is to direct and supervise preparation and finalization of a critical area study to
describe the items in accordance with ECDC Section 20.15.B.150.
I113. Paragraph IIB shall be applicable. only during the life of this contract. The work of the
Consultant and the critical area study are for the purpose of providing the City with
information and analysis, independent from the Proponent and the owner of the subject
property. To that end, the Consultant shall, during the life of this agreement, perform no
other services for Proponent with respect to the subject property. In addition, the
Consultant shall not perform services for the Proponent with respect to other property or
proposed developments without full disclosure thereof to the City. Proponent specifically
agrees not to communicate with the Consultant, except for such communication as may be
necessary for the Consultant to carry out the performance of this agreement. Any such
communication between the Proponent and Consultant shall be carried on only in the
presence of or withthe prior approval of the City.
III. Proponent agrees to pay to Consultant in the manner set forth in Section VII below the
reasonable costs of having the critical area study prepared. The Consultant has been
recommended and selected by the City. Proponent understands and agrees to pay
Consultant for actual time and materials expended in accordance with the scope of services
set forth in Attachment "A" hereto, provided, however, that the total to be received by the
Consultant for preparation of the critical area study shall not.exceed the sum of $
. Progress payments are to be issued to Consultant in accordance with the
provisions of Sections VII and IX in this agreement.
IV. The Proponent agrees to cooperate reasonably with both Consultant and the City so as to
cause the efficient and prompt preparation of the critical area study. The City agrees to
make available to the Consultant all relevant information in the City's files.
V. The scope of services contemplated by this agreement shall include preparation of a critical
area study which shall be delivered to the City on or before
VI. Consultant shall prepare and deliver to the City up to 5 copies of the critical area study.
VII. Proponent shall, within ten (10) days of the signing of this agreement:
(a) Deposit with the City of Edmonds funds sufficient to pay for the cost of preparation
of the critical area study, but not less than $ subject to the
provisions of subparagraph (b) below;
(b) Agree to disbursement from time to time of funds on deposit in said account to pay
for Consultant services covered by the Agreement.
Page 1 of 4
CA92.91 GI b30.9LCRMCAL%CONTRACr
0
VIII. If the Proponent fails to deposit funds with the City as specified in Section VII of this
agreement within the required ten days, this agreement shall terminate.
IX. Consultant agrees to submit invoices for services and costs to date on a monthly basis along
with a description of services rendered and a project progress report. The Consultant shall
submit the original invoice to the City and a copy to the Proponent. The City shall pay the
invoiced amount from the assigned account described in paragraph VII of this agreement
within thirty (30) days of receipt if the work covered by the invoice has been satisfactorily
completed.
X. In the event the City, in its sole opinion determines there is a need for changes in the scope
of work in Attachment "A," the City shall obtain from the Consultant an estimate of the
total added charges and shall seek the Proponent's written approval, which shall not be
unreasonably withheld. This Agreement shall then be amended to cover these changes, and
the funds deposited accordingly to cover the changed scope of work. Failure to obtain such
approval from the Proponent and to obtain an increase in the funds deposited to cover the
proposed changes at the time of amendment, shall be grounds for suspension of work until
agreement is reached.
XI. The parties hereto agree that the critical area study and all supporting material therein
submitted by the Consultant in the course of performing services under this agreement shall
be, in the hands of the City of Edmonds, as public records and not subject to copyright.
Consultant further agrees to make research notes and any other work products produced in
performing this agreement available to the City for reproduction, upon completion of the
critical area study, or sooner upon request by tfie, City.
XII.. Unless otherwise specified within this Agreement, this proposal shall be governed by the
laws of the City of Edmonds and the State of Washington.
XIII. (a) The parties intend that an independent Consultant/City relationship will be created
by this Agreement. No agent, employee, or representative of the Consultant shall
be deemed to be an employee, agent, or representative of the City or Proponent for
any purpose. Employees of the Consultant are not entitled to any of the benefits the
City provides for City employees. The Consultant will be responsible for the acts of
its employees, agents, and subcontractors during the performance of this Agreement.
The Consultant further agrees to testify at any hearing concerning the project or the
critical area study only if requested to do so by the City, unless pursuant to court
order.
(b) Consultant covenants and agrees to indemnify, defend and hold harmless the City,
its officers, agents and employees from and against any and all claims, actions,
damages, liability, cost and expense, including reasonable attorne ' Pp� ��y 1 r, f
connection with or occasioned, in whole or in part by any, cto or omission of Q, r
Consultant, its officers, agents, employees, customers, or licensees, or arising from
or out of Consultant's failure to comply with any provision of this Agreement,
regardless of whether it is alleged or proven that the acts or omissions of City, it
officers, agents or employees caused or contributed thereto. With respect to the
performance of this Agreement, and as to claims against City, its officers, agents
and employees, the Consultant expressly waives its immunity under Title 51 of the
Revised Code of Washington for injuries to its employees and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Consultant.
This waiver was mutually negotiated by the parties. This indemnity provision shall
not apply in the event any acts or omissions of the City were the sole cause of any
Page 2 of 4
CA92.91 CJI2.3a92•CRMCAL'COMrRACr
such damage or injury. To the extent any of the damages referenced by this
paragraph were caused by or resulted from the concurrent negligence of the City, its
agents or employees and the Consultant, its officers, agents, and employees, this
obligation to indemnify, defend and hold harmless is valid and enforceable only to
the extent of the negligence of the Consultant, its officers, agents and. employees.
(c) In the performance of the services herein contemplated, the Consultant is an
independent contractor with the authority to control and direct the performance of
the details of the work, subject to applicable regulations. However, the results of
the work contemplated herein must meet the approval of the City, and shall be
subject to the City's general rights of inspection and review to secure the satisfactory
completion thereof, as required by ECDC Chapter 20.15.B.
XIV. Proponent agrees to indemnify, defend, and hold harmless the City from any and all claims
for breach of contract or other claim for damages brought by Consultant on account of any
act or failure to act by the Proponent to pay the sums due under the terms of this
Agreement.
XV. The Consultant shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin.
XVI. The City reserves the right to suspend or terminate this agreement on ten (10) days written
notice to the Consultant and Proponent. If terminated or suspended, Consultant shall be
entitled to receive reasonable compensation for services rendered to the date of termination
or suspension. The Consultant shall then invoice the City for all work performed in a
satisfactory manner through the effective date of termination, and shall be paid by the City,
subject to the limitations on liability contained in Paragraph IX; provided that if the
termination is due to the fault of the Consultant, no payment shall be due.
XVII. The Proponent reserves the right to suspend or terminate this Agreement on ten (10) days
written notice to the Consultant and City, and withdrawal of all related building, zoning,
subdivision, and/or shoreline permit applications. If terminated or suspended, Consultant
shall be entitled to receive reasonable compensation for services rendered to the date of
termination or suspension.
XVIII. In the event that any legal action is necessary to enforce the terms of the Agreement, the
prevailing party shall be entitled to recover from the other party a sum for reasonable
attorney's fees, including reasonable attorneys fees incurred prior to the filing of the action.
M. Consultant agrees to report to the City any situation that might involve a possible conflict of
interest in connection with the performance of the Agreement. The Consultant shall not
have a financial interest in the proposal other than fees due under this Agreement. The
Consultant will not perform any work or provide any services to any person in connection
with or related to the Proposal, except as provided in this Agreement. The Consultant has
listed in Attachment "B" all present contracts or work for the Proponent.
XX. The Proponent agrees to provide the Consultant with a legal description of the project site,
reproducible site plan or plans, copies of any relevant site studies produced by other
consultants, and such other information as required by the Consultant. The proponent
agrees to cooperate reasonably with both the City and Consultant so as to facilitate the
efficient and prompt preparation of the critical area study.
XXI. This Agreement, including the Attachments hereto, represent the entire agreement and
understanding between the parties, and any negotiations, proposals, or agreements are
intended to be integrated herein and to be superseded by. this written Agreement.
Page 3 of 4
CA92.91 C/12-30492.CRRtCAUCONTRACT
ATTACHMENTS
EXECUTED by the parties hereto this day of 1119
CITY OF EDMONDS: CONSULTANT,
By By
Laura Hall name: -
a y» Ps F;/y y
Mayor title:
ATTEST/AUTHENTICATED:
By
Rhonda March
City Clerk
APPROVED AS TO FORM:
By
Scott Snyder
City Attorney
PROPONENT,
By
George Kairez
PLANNING MANAGER:
By
Rob Chave, Manager
Planning Division
Attachments: "A" - Scope of Services
"B" - Consultant/Proponent Contracts/Relationships
Page 4 of 4
CA92.91 C/12-3492.CRf f ICAUCOWRACr
STREET FILE
March 18, 1993
James Finley
Geotech Consultants Inc.
13256 N.E. 20th St. STE 16
Bellevue, WA 98005
RE: GEOTECH Job # 92000
George Kairez Property located at 9117 Olympic View Drive, Edmonds
Dear Mr. Finley:
As you may recall, you and I discussed the Kairez property on the phone a couple of weeks ago. In that
conversation I informed you that Mr. Kairez had illegally cleared his property without first obtaining a
critical areas review or a clearing permit. In the process that followed the illegal clearing, it was
discovered that there was a steep bank on the west side of the property over which cleared debris was
pushed. Due to the a history of problems along other areas of this same bank the City became concerned
about possible reductions in stability of the slope due to the illegal clearing. The property owner was
informed of the City's concern, and informed that a critical areas study would be required using a three
party contract to avoid a conflict of interest, as required by the Critical Area Ordinance. With this
information, the property owner contracted your services and avoided the three party contract.
The City has been advised by its legal council that a a study must be conducted according to the
ordinance, even if the property owner has obtained services on his own accord. The study must address
the items in the attached scope of work and must be done through a three party contract. We understand
that it is possible that the work you have done addresses the issues in the scope of work, but that will not
change the need for the study to be completed in accordance with the Critical Areas Ordinance.
I have attached a copy of the three party contract prepared by the City Attorney. Be advised that this
contract is a draft. The Critical Areas Ordinance requires a three party contract, but it does not specify
format. If you have any concerns relating to this contract, please notify us or have your attorneys notify us
of the concerns.
If you have any questions or concerns, please do not hesitate to contact me at this office.
Sincerely,
John Bissell
Att.
Scope of Work
Three Party Contract
SCOPE OF WORK FOR CRITICAL AREAS STUDY FOR
CA-92-91
1. Geotechnical Study of the top of the bank in the vicinity where clearing has occurred or is proposed
pursuant to the criteria established in ECDC sections 20.15.070.A.3 and 20.15B.120. This evaluation
shall also include recommendations for appropriate mitigation measures if applicable.
2. Evaluation of bank stability or change in bank stability due to the dumping of material over the bank.
This evaluation shall include recommendations as if the material had not bean dumped over the edge,
and proposed mitigation measuresto correct any problems created by the dumping of material over the
edge of the bank.
CITY OF EDMONDS
AGREEMENT FOR CONSULTANT SERVICES FOR PREPARATION
OF A CRITICAL AREA STUDY
George Kairez hereinafter referred to as "Proponent,"
, hereinafter referred to as "Consultant," and the City
of Edmonds, Washington, hereinafter referred to as "the City," for and in consideration of mutual
promises contained herein agree and contract as follows:
I. The City's Planning Official has determined that a Critical Area may exist on or near the
subject property, pursuant to Edmonds Community Development Code (ECDC) Section
20.15.B.
II. The City is to direct and supervise preparation and finalization of a critical area study to
describe the items in accordance with ECDC Section 20.15. B. 150.
IIB. Paragraph IIB shall be applicable only during the life of this contract. The work of the
Consultant and the critical area study are for the purpose of providing the City with
information and analysis, independent from the Proponent and the. owner of the subject
property. To that end, the Consultant shall, during the life of this agreement, perform no
other services for Proponent with respect to the subject property. In addition, the
Consultant shall not perform services for the Proponent with respect to other property or
proposed developments without full disclosure thereof to the City. Proponent specifically
agrees not to communicate with the Consultant, except for such communication as may be
necessary for the Consultant to carry out the performance of this agreement. Any such
communication between the Proponent and Consultant shall be carried on only in the
presence of or with the prior approval of the City.
III. Proponent agrees to pay to Consultant in the manner set forth in Section VII below the
reasonable costs of having the critical area study prepared. The Consultant has been
recommended and selected by the City. Proponent understands and agrees to pay
Consultant for actual time and materials expended in accordance with the scope of services
set forth in Attachment "A" hereto, provided, however, that the total to be received by the
Consultant for preparation of the critical area study shall not .exceed the sum of $
Progress payments are to be issued to Consultant in accordance with the
provisions of Sections VII and IX in this agreement.
IV. The Proponent agrees to cooperate reasonably with both Consultant and the City so as to
cause the efficient and prompt preparation of the critical area study. The City agrees to
make available to the Consultant all relevant information in the City's files.
V. The scope of services contemplated by this agreement shall include preparation of a critical
area study which shall be delivered to the City on or before
VI. Consultant shall prepare and deliver to the City up to 5 copies of the critical area study.
VII. Proponent shall, within ten (10) days of the signing of this agreement:
(a) Deposit with the City of Edmonds funds sufficient to pay for the cost of preparation
of the critical area study, but not less than $ subject to the
provisions of subparagraph (b) below;
(b) Agree to disbursement from time to time of funds on deposit in said account to pay
for Consultant services covered by the Agreement.
Page I of 4
CA92-91 C/12-30-92.CRrrICALXCONTRACT
VIII. If the Proponent fails to deposit funds with the City as specified in Section VII of this
agreement within the required ten days, this agreement shall terminate.
IX. Consultant agrees to submit invoices for services and costs to date on a monthly basis along
with a description of services rendered and a project progress report. The Consultant shall
submit the original invoice to the City and a copy to the Proponent. The City shall pay the
invoiced amount from the assigned account described in paragraph VII of this agreement
within thirty (30) days of receipt if the work covered by the invoice has been satisfactorily
completed.
X. In the event the City, in its sole opinion determines there is a need for changes in the scope
of work in Attachment "A,". the City shall obtain from the Consultant an estimate of the
total added charges and shall seek the Proponent's written approval, which shall not be
unreasonably withheld. This Agreement shall then be amended to cover these changes, and
the funds deposited accordingly to cover the changed scope of work. Failure to obtain such
approval from the Proponent and to obtain an increase in the funds deposited to .cover the
proposed changes at the time of amendment, shall be grounds for suspension of work until
agreement is reached.
Xl. The parties hereto agree that the critical area study and all supporting material therein
submitted by the Consultant in the course of performing services under this agreement shall
be, in the hands of the City of Edmonds, as public records and not subject to copyright.
Consultant further agrees to make research notes and any other work products produced in
performing this agreement available to the City for reproduction, upon completion of the
critical area study, or sooner upon request by the City.
XII. , Unless otherwise specified within this Agreement, this proposal shall be governed by the
laws of the City of Edmonds and the State of Washington.
MI. (a) The parties intend that an independent Consultant/City relationship will be created
by this Agreement. No agent, employee, or representative of the Consultant shall
be deemed to be an employee, agent, or representative of the City or Proponent for
any purpose. Employees of the Consultant are not entitled to any of the benefits the
City provides for City employees. The Consultant will be responsible for the acts of
its employees, agents, and subcontractors during the performance of this Agreement.
The Consultant further agrees to testify at any hearing concerning the project or the
critical area study only if requested to do so by the City, unless pursuant to court
order.
(b) Consultant covenants and agrees to indemnify, defend and hold harmless the City,
its officers, agents and employees from and against any and all claims, actions,
damages, liability, cost and expense, including reasonable attorney's fees, in
connection with or occasioned, in whole or in part by any act or omission of
Consultant, its officers, agents, employees, customers, or licensees, or arising from
or out of. Consultant's failure to comply with any provision of this Agreement,
regardless of whether it is alleged or proven that the acts or omissions of City, it
officers, agents or employees caused or contributed thereto. With respect to the
performance of this Agreement, and as to claims against City, its officers, agents
and employees, the Consultant expressly waives its immunity under Title 51 of the
Revised Code of Washington for injuries to its employees and agrees that the
obligation to indemnify, defend and hold harmless provided for in this paragraph
extends to any claim brought by or on behalf of any employee of the Consultant.
This waiver was mutually negotiated by the parties. This indemnity provision shall
not apply in the event any acts or omissions of the City were the sole cause of any
Page 2 of 4
CA92-91 CI12-30-92.CRfRCAUCOKrRACT
such damage or injury. To the extent any of the damages referenced by this
paragraph were caused by or resulted from the concurrent negligence of the City, its
agents or employees and the Consultant, its officers, agents, and employees, this
obligation to indemnify, defend and hold harmless is valid and enforceable only to
the extent of the negligence of the Consultant, its officers, agents and. employees.
(c) In the performance of the services herein contemplated, the Consultant is an
independent contractor with the authority to control and direct the performance of
the details of the work, subject to applicable regulations. However, the results of
the work contemplated herein must meet the approval of the City, and shall be
subject to the City's general rights of inspection and review to secure the satisfactory
completion thereof, as required by ECDC Chapter 20.15.B.
XIV. Proponent agrees to indemnify, defend, and hold harmless the City from any and all claims
for breach of contract or other claim for damages brought by Consultant on account of any
act or failure to act by the Proponent to pay the sums due under the terms of this
Agreement.
XV. The Consultant shall not discriminate against any employee or applicant for employment
because of race, color, religion, sex, or national origin.
XVI. The City reserves the right to suspend or terminate this agreement on ten (10) days written
notice to the Consultant and Proponent. If terminated or suspended, Consultant shall be
entitled to receive reasonable compensation for services rendered to the date of termination
or suspension. The Consultant shall then invoice the City for all work performed in a
satisfactory manner through the effective date of termination, and shall be paid by the City,
subject to the limitations on liability contained in Paragraph IX; provided that if the
termination is due to the fault of the Consultant, no payment shall be due.
XVII. The Proponent reserves the right to suspend or terminate this Agreement on ten (10) days
written notice to the Consultant and City, and withdrawal of all related building, zoning,
,subdivision, and/or shoreline permit applications. If terminated or suspended, Consultant
shall be entitled to receive reasonable compensation for services rendered to the date of
termination or suspension.
XVIII. In the event that any legal action is necessary to enforce the terms of the Agreement, the
prevailing party shall be entitled to recover from the other party a sum for reasonable
attorney's fees, including reasonable attorneys fees incurred prior to the filing of the action.
M. Consultant agrees to report to the City any situation that might involve a possible conflict of
interest in connection with the performance of the Agreement. The Consultant shall not
have a financial interest in the proposal other than fees due under this Agreement. The
Consultant will not perform any work or provide any services to any person in connection
with or related to the Proposal, except as provided in this Agreement. The Consultant has
listed in Attachment "B" all present contracts or work for the Proponent.
XX. The Proponent agrees to provide the Consultant with a legal description of the project site,
reproducible site plan or plans, copies of any relevant site studies produced by other
consultants, and such other information as required by the Consultant. The proponent
agrees to cooperate reasonably with both the City and Consultant so as to facilitate the
efficient and prompt preparation of the critical area study.
XXI. This Agreement, including the Attachments hereto, represent the entire agreement and
understanding between the parties, and any negotiations, proposals, or agreements are
intended to be integrated herein and to be superseded bythis written Agreement.
Page 3 of 4
CA92-91 C/12-30-92.CRf1ICAUCONTRACT
•
ATTACHMENTS
EXECUTED by the parties hereto this
CITY OF EDMONDS:
By
Laura Hall
Mayor
ATTEST/AUTHENTICATED:
By
Rhonda March
City Clerk
APPROVED AS TO FORM:
day of
19
CONSULTANT,
By
name:
title:
PROPONENT,
By
George Kairez
PLANNING MANAGER:
By By
Scott Snyder Rob Chave, Manager
City Attorney Planning Division
Attachments: "A" - Scope of Services
"B" - Consultant/Proponent Contracts/Relationships
w
Page 4 of 4
CA92-91 CA 2.30-92.CRrr1CAL%C0NTRACr
• `t 18.30.080/9
/C�'�
E.. Citv_'s Option. If the Public Works Director recommends that
the City assume the maintenance of a drainage system, because
the system provides a public benefit, the City Council may
approve the maintenance of the system at the end of the first
two year maintenance period. Before the Council accepts the
system, the Public Works Director shall:
1. Determine by inspection that the system has11
satisfactorily completed according to the appr
refle,40n; �
2. Review and report to the Council the owner's record of
system expenses over the two year period.
3. Obtain deeds or easements from the owner to allow the
City to maintain the system.
18.30.080 NEIGHBORHOOD DRAINAGE PLANS
A. Preparation and Effect. The Public Works Director may
prepare drainage plans for nehborhood areas. When a plan
has been prepared, all drainage systems for development in
the area covered by a plan shall be consistent with the plan.
B. Neighborhood Drainage Facilities. When a drainage plan is
required for a development in a location suitable for the
construction of a drainage facility serving a neighborhood
area, the Public Works Director may require that the owner
pay an amount equivalent to the cost of a normal drainage
system to the City, and grant the City permission to
construct the neighborhood facility on the site, in lieu of
constructingthe normally required drainage system.
18.30.090 GOVERNMENTAL ENTITIES
Any governmental entity beginning a development in the City shall
comply with this chapter.
18.30.100 OTHER MEASURES
The Public Works Director may order a property owner to take
measures other than those listed in this chapter to protect the
public health, safety and welfare from imminent dangers caused by
erosion, flooding and other drainage related problems.
165
18.30
CHAPTER 18.30
DRAINAGE
18.30.000 PURPOSE
The purposes of this chapter are:
A. To maintain high quality surface water by protecting creeks,
streams, ponds, lakes and other bodies of water from
pollution by sediment, oil or other damaging substances.
B. To protect land near development sites from increased surface
water runoff rates which could cause erosion or flooding.
C. To protect private and public Vroperty and city.streets and
rights -of -way from flooding or,erosion.
D. To promote development practices which will ensure that the
above purposes are met.
18.30.020 DRAINAGE APPROVAL REQUIRED
A. Drainage Plan. Before issuance of any development permit,
and before development begins on any site, the developer
shall submit a drainage plan and obtain approval from the
Public Works Director.
B. Installation of Drainage System. The drainage system shall
be installed concurrently with site development, and shall be
completed as shown on the approved plan before City approval
of an occupancy permit or final inspection.
C. Scope.
1. Development permit means:
a. A building permit or other construction permit for
a development which will result in more than 2000
square feet of previously uncovered land being
covered with impervious surfacing.
b. A grading permit, or a permit for a rockery or a
retaining wall.
C. Final approval of a subdivision or Planned..
Residential Development.
160
Theresa Rozzano
Ogden Murphy And Wallace
2100 Westlake Tower
1601 Sth Av
Seattle, WA 98101-1686
Dear Ms. Rozzano:
STREET FILE
The Planning and Building Divisions of the City of Edmonds is requesting that you issue a citation to
George P. Kairez (9117 Olympic View Drive, Edmonds, WA 98026; D.O.B. 1/9/53) for grading
without a permit, clearing without a permit, and working after the posting and service of a stop work
order. I have included a report written by me which contains the code sections violated. In addition I
have included copies of reports written by Ed Somers, Associate City Planner, Jim Walker, Assistant
City Engineer, Steve Bullock, Planning Intern, and Dick Mumma, Building Official. These reports
outline the steps that the City Staff has taken to obtain compliance.
In this case, the person having control of the property has made it clear to the Staff that he has no
intention of complying with City regulations. The work he is doing will probably irreparably damage
the land as well as surrounding properties. Therefore I ask that you expedite this case to the fullest
extent possible. If you have any questions or concerns, please do not hesitate to contact me or Dick
Mumma at this office.
Sincerely,
John Bissell
City of Edmonds Planning Division.
8 g 0_ l g y-
CITY OF EDMONDS
250 - 5TH AVE. N. • EDMONDS, WA 98020 • (206) 771-0220 • FAX (206) 771-0221
COMMUNITY SERVICES DEPARTMENT
Public Works • Planning . Parks and Recreation . Engineering
January 26, 1993
George Kairez
9117 Olympic View Drive
Edmonds, WA 98026
RE: Conversation on January 21, 1993
Dear Mr. Kairez:
LAURA M. HALL
MAYOR
As we discussed on January 21, 1993, you are required to obtain a clearing permit for any clearing already
done on the site. If you believe that you will need to do additional clearing in the future, you may also
request that on the same application. The City is in receipt of an application form and two copies of site
plans for this application. The City still requires an adjacent property owners notification list, a
description of completed work and a description of work to be done as well as a fee of $85.00. If you plan
to do any work in addition to the work indicated on the site plan already submitted to the City, you will
need to provide the City vdth an updated site plan.
In addition to the clearing permit, you need to complete the critical areas study. On December 30, 1992
Jeffrey Wilson, Current Planning Supervisor sent a letter to you stating what you need to do to complete
your critical areas study. I understand that you were waiting for a response from Robert Chave, Planning
Manager, but Mr. Chave delegated the responsibility to Mr. Wilson. Therefore the letter sent to you by
Mr. Wilson is the answer you needed. In the possibility that you did not receive the letter sent to you by
Mr. Wilson, I have included a copy with this letter.
I hope this letter clarifies the City requirement to bring your property into compliance. If you have any
questions, please do not hesitate to contact me at this office.
Sincerely
John Bissell, AICP-
Planning Division.
• Incorporated August 11, 1890 •
Sister Cities International — Hekinan, Japan
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THE CONTRACTOR IS)RESPONSIBLE FOR WORKMANSHIP AND MATERIALS FOR A PERIOD OF ONE
INSPECTION AND ACCEPTANCE OF THE WORK. ESTIMATED RESTORATION FEES WILL BE HELD UNTI
I HAVE READ THE ABOVE STATEMENTS AND UNDERSTAND THE PERMIT REQUIREM
Signature:S '& . Date:
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UPON COMPLETION OF PERMITTED WORK, AN ENGIN
INSPECTION IS REQUIRED PER CHAPTER 18.00. OF TH
COMMUNITY DEVELOPMENT CODE.
FINAL APPROVAL OF PERMITTED WORK.
INSPECTOR'S SIGNATURE
For inspection requirements see Engineering Information Ha
NO WORK SI-IALL BEGIN PRIOR TO PERMIT ISSUAN
CITY OF EDMONDS
USE
ZONE PERMIT
NUMBER
CONSTRUCTION PERMIT APPLICATION
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LEGAL DESCRIPTION CHECK
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PUBLIC RIGHT OF WAY PER OFFICIAL STREET MAP.
EXISTING REQUIRED DEDICATION
PROPOSED
TESCPApproved O
RW Permit Required ❑
Street Use Permit Req'd ❑
Inspection Required ❑
Sidewalk Required ❑
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CITY ZIP
TELEPHONE NUMBER
NAME
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METER SIZE
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NO. OF FIXTURES
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STATE LICENSE NUMBER EXPIRATION DATE
VARIANCE OR CU
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Legal Description of Property - include all easements
SEPA REVIEW
SIGN AREA
HEIGHT
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COMPLETE EXEMPT
EXP
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ALLOWED PROPOSED
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PROPOSED SETBACKS (FT.)
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NEW ® RESIDENTIAL PLUMBIN ECH
REMARKS
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ADDITION CHANGE OF USE
17-71.000 REMODEL APT. BLDG. SIGN
CHECKED BY
TYPE OF CONSTRUCTION
17aDEMOLISH
CODE
%
OCCUPANTS
REPAIR ❑ GRADING ❑ FENCE
CYDS. ( X _FT)
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a WOODSTOVE D SWIM POOL
INSERT HOT TUB/SPA
GARAGE RETAINING WALL/
CARPORT ROCKERY RENEWAL
SPECIAL INSPECTOR
REQUIRED
Cl YES
AREA
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OCCUPANT
LOAD
REMARKS
PROGRESS INSPECTIONS PER UBC 108
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(TYPE OF USE, BUSINESS OR ACTIVITY) EXPLAIN:
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NUMBER
OF
NUMBER OF
DWELLING
CRITICAL
AREAS CA.,9-ii -
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STORIES
UNITS
NUMBER 1"
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DESCRIBE WORK TO BE DONE ( TTACH PLOT PLAN)
FINAL INSPECTION REQUIRED
1
VALUATION
FEE
Y��
CHECK FEE
BUILDING
HEAT SO RCE:
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ING
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Plan Check No. 19 - /
MECHANICAL
This Permit covers work to be done on private property ONLY.
GRADING/FILL
Any construction on the public domain (curbs, sidewalks,
driveways, marquees, etc.) will require separate permission.
STATE SURCHARGE
Permit Application: 180 Days
Permit Limit: 1 Year - Provided Work Is Started Within 180 Days
STORM DRAINAGE FEE
"Applicant, on behalf of his or her spouse, heirs, assigns and
ENG. INSPECTION FEE
y
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successors i.n interest, agrees to indemnify, defend and hold
harmless the City of Edmonds, Washington, its officials,
a
a
x
employees, and agents from any and all claims for damages of
whatever nature, arising directly or indirectly from the issuance
of this permit. Issuance of this permit shall not be deemed -to
PLAN CHECK DEPOSIT
-�
omodify,
x
waive or ireduce any requirement of any city ordinance
nor limit in any Way the City's ability to enforce any ordinance
provision."
TOTAL AMOUNT DUE
I
I hereby acknowledge that 1 have read this application; that the ATTENTION APPLICATION APPROVAL
information given is correct; and that I am the owner, or the duly
authorized agent of the owner. I agree to comply with city and THIS PERMIT This application is not a permit until
state laws regulating construction; and in doing the work authoriz- AUTHORIZES
ed thereby, no person will be employed in violation of the Labor ONLY THE signed by the Building Official or his/her
Code of the State of Washington relating to Workmen's Compensa- WORK NOTED Deputy; and fees are paid, and receipt is
tion Insurance aria RCW 18.27. INSPECTION acknowledged in space provided.
SIG ATURE (OWN R OR AGE T) DATE SIGNED DEPARTMENT
CITY OF OFFICIA S GNA DATE
EDMONDS
CALL FOR LE. ~ s BY: D E
ATTENTION INSPECTION r� �r�
IT IS UNLAWFUL TO USE OR OCCUPY A BUILDING OR STRUCTURE ��� 0220
UNTIL A FINAL INSPECTION HAS BEEN MADE AND APPROVAL OR 6fit INAL — File YELLOW — Inspector
A CERTIFICATE OF OCCUPANCY HAS BEEN GRANTED. UBC 11
SECTION 109 PINK — Owner GOLD — Assessor
10247
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LAYOUT, DUCT AND ROAD SECTIONS:
REFER TO SHEET 2
'SCHEMATIC:
• 1I TRANSFORMER
v— FUSE
PRIMARY UNDERGROUND CABLE
OVHD EXISTING OVERHEAD
-- f —FEED THRU BUSHING ON TRANSFORMER
CONSTRUCTION NOTES:
1. IN ANY TRENCH WITH GAS THE PUD OR PUDS CONTRACTOR SHALL SUPPLY
AND INSTALLI SCREENED/WASHED SAND FOR A BEDDING WITFj A MINIMIUM
DEPTH O IN SAND TREN( COVER. WITH A MINIMIUM DEPTH bF 3 . FOR ALL
2. INSTALL A 4'10" x 440" A 24" CONCRETE BULKHEAD (CUO V0702) AT VAULTS
A-32378 AND A-32381.
3. INSTALL (1) 3" SECONDARY RISER (CUD FO1D6) ON NEW SERVICE POLE ON
LOT LINES 4/5 IN EXISTING PLAT OF MAPLE MANOR.
4. CUSTOMER REQUESTED UTILITIES TO BE PLACED UNDER SIDEWALK DUE
TO GRADE PROBLEMS IN EASEMENT AREA CUSTOMER WILL BE RESPONSIBLE
FOR COMPACTION IN THE SIDEWALK AREA
4-POS/5-PI
SET SCREW
TERMINALS
SECONDARY
TRIPLEX CA
SMALL/LARG
SECONDARY
PEDESTAL
3" PVC DUC
TO FEED IN
OF CORNER!
PEDESTAL
3" PVC W/S
24"R BEND
BELL END F
TRANSFORME
PEDESTAL
TRANSFORMERS 7200-120/240 V
Er; PUD OR PUD'S CONTRACTOR
A-32378 25 KVA
A-32379 25 KVA
UTC
UTC
SER
SER
MAKE
MAKE
ASSYO i2U611
ASSYO 12USIO
A-32380 15 KVA
A-32381 37.5 KVA
UTC
UTC
SER
SER
MAKE
MAKE
ASSYO 12US12
ASSYO 12U612
VAULTS
BY PUD OR PUD'S CONTRACTOR
A-32378 THRU A-32381
42" x 442" x 330" OPEN BOTTOM
W/A 2T'x 25 ACCESS HOLE
SECONDARY PEDESTALS
¢ BY P(F) OR PUD'S CONTRACTOR
8 SEC PEDS/INSTALL PER DIST ASSY* =01
2 SEC PED/INSTALL PER DIST ASSY* IU802
FEED THRU PEDS ON LOT LINES V2 AND
1VPRIVATE ROAD EASEMENT
TYPICAL PEDESTAL DETAIL
NTS
NOTE:
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1. 12" MINIMUM GAS TO
N F -
POWER SEPARATION.
H- N
2. NUMBER OF CONDUITS IN
5 Q -�
TRENCH VARIES.
VT yl
6 $ 5 4 i
3. ALL CONDUCTORS IN
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12.. 2..��
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II MIN In I I
GAS
GAS TO STAKE
OR SHADED AS
RETAIN TRENCH
STAKE EVERY 10'
TO RETAIN TRENCH
SINGLE PHASE
TYPICAL JOINT TRENCH DETAIL
NTS
STREET LIGHTS
BY PUD OR PUD'S CONTRACTOR
3 ST LTS/SOURCE VOLTAGE 120V
ALL ST LT CA TO BE IN 2' PVC
INSTALL PER DST ASSY* IL902
{
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R/W
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-- ------ -+------------------
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- - - - !- - PUD w
-' SEC ---------- ~w
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ACROSS JOINT w
TRENCH i
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GAS STUB
TYPICAL JOINT TRENCH VAULT/PED LAYOUT
NTS
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GAS IN PLAT
CABLE ALL FOOTAGES APPROXIMATE
BY PUD OR PUD S CONTRACTOR
LOCATION9117 OLYMPIC VIEW DRIVE
EDMONDS 98029
AREA SO, COUNTY
FROM POLE TO A-32378
POLE NO NEy.S 13 T 27 R 3 DATE 10/6/99
w0 NO 310448
OF (1) n AL CNCTRC NEUT DB JCKTD PRIM 2" PVC
REASON FOR WORK PROVIDE 10 PRIMARY
UNDERGROUND ENGINEER SALO
TASK 04
AK
MAKE
ME PO REEL
DISTRIBUTION SYSTEM
FOR THE DRAFTER KG UGND NO 1Q603-1
12 LOT PLAT OF
APPROVED DW
SCALE NOTED
FROM A-32378 TO A-32379
_ VISTA DEL MAR, DIVISION
2 PRINTED
350' OF (1) 02 AL CNCTRC NEUT DB JCKTD PRI IN 2" PVC
DATE WORK COMPLETED FOREMAN
ENVIRONMENTAL ANALYSIS
MAKE PO REEL
SUBSTATION PERRINVILLE
CIRCUIT NO PHASE Z_ FEES REQ D . YES ONO
■EXEMPT IN OT EXEMPT
PARA.� ITEM_
FROM A-32379 TO A-32380
_12-93
ROAD CROSS410'INGS
PRIMARY OVERHEAD
OVHD CONDUCTOR KV
(0 •2 AL CNCTRC NEUT D8 JCKTD PRI IN 2" PVC
ONLY
EI RESIDENTIAL
ADO CKT FT PH
MAKEOF
MAKE PO REEL
APPV
APPV DATE DESCRIPTION
O COMMERCIAL
REM CKT FT pH
NET CKT FT
FROM A-32378 TO A-32381
REVISIONS
C `—• `
UGND CONDUCTOR 7,2 KV
220' OF (1) 02 AL CNCTRC NEUT DB JCKTD PRIM 2" PVC
PRIMARY UNDERGROUND
ADD 1240 CKT FT I PH
MAKE PO REEL
APPV N0. DATE DESCRIPTION
■ RESIDENTIAL
1250' OF 4/0 AL TRX DB SEC IN 3" PVC
0 COMMERCIAL
BASIC FEE a
REM CKT FT PH
--
NET _VIQ__CKT FT
410' OF AL DUP DB ST LT IN 2" PVC
LIU•
PERMITS (DATE GRANTED,
0 tom•, s
O TREE TRIM
SECONDARY UNDERGROUND
osTATE
BASIC FEE t
O COUN T Y K
■ EDMONDS
A-32380
UNDERGROUND PLAT
BASIC FEET
EASEMENTS .REEQUIRED
ENGINEERING
E• 32579 O NOT REQUIRED
15-
A. FT a a_ _ s
E• 0018-PRIVATE ROAD
PLAT CONSTRUCTION
REQUEST NO. 2851
—)
CL
G FT C S t
DATE APPROVED 12/19/00
A-32379
STREET LIGHTING
FOREIGN CONTACTS
F.-
C FT 0 a_ . t
❑ GTNW JPN.
25- (n
-
CROSSINGS
0 CATV JPN.
0)
I
t FT C a_ . a
■ JOINT TRENCH GTNW t CATV
3
WORK IN RIGHT OF WAY
❑JOINT BORE GTNW & CATV
55279
AS —BUILT
O PRIMARY
■ JOINT TRE NCH W/PSE
J
0 SECONDARY
POLE STENCILING
CI_ 55278
A-32381
APPV NO. DATE DESCRIPTION
FT o a .t
FRO. TO
--
MISCELLANEOUS FEES
TAKE OFF POLE
37.5- 55277
VAULT a
PRE-CONSTR REQUIREMENTS
I
PERMIT a
❑ TREE TRIM ❑ PUD LOCATOR
Z
O A-32378
COST ESTIMATE a
0BACKHOE 0
N
(W/PSE SAND) s
■ DINE CALL DATE
O) 25-
a
TOTAL DUEL
INDEX POLES PLAT
DATE PAID 6/6/01
LOGS U-MAP I -LINE
I
55276 2
I
RECEIPT- 53661
XFMR C-MAP GIs
Q
ENGINEER PATTI SALO
NEW SVCE APPLICATION.
LOCATION MAP PAGE 454.H2
FU
25 AMP
PHONE_ (425)347-4412
CUSTOMER_GEORGE KAIREZ
PHONE (206)778-1781
XING PRINTED
PRINTEG JA -69D
PEiEF AR (425)335-8690/346-8846
CELLULAR
FU �
ZO 65 AMP 2
J
O�
SCHEMATIC
NTS
3'
PC R/W
M __ —T
-- --------
Try
TRENCH Try
1 e
.0----- -----
RAN
SFORMER/
VAULT
PEDESTAL
I
TYPICAL pl
STAKE
MARKINGS
PC
- f•1 R/W
TRENCH
I- - - - - - W
PEDESTAL
i
w
3' o
I
I
TYPICAL STAKING LAYOUT
NTS
i
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WORK SITE MUO TY SH
PN
ARK
PUGET
SOUND
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d
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.j%
Ax*H T sw
DOCKi
ED ONDS
VICINITY MAP
TAGS
C
z -
VAULT: A-32378 THRU A-32381
0
CABLE: 55276 THRU 55279
-
c
0
GJ
I —
91ST PL W
UTILITIES ja=�
EA -
EASEMENT 380
P F
7 A-32380
;�_• i /io
9
�� A-32379
P
r
°NA
10' DRAINAGE 1
Cir P
\ o •,
6 2'SPVC EXIST `
5 (FUTURE)
2
4
E I I 90* STEEL Cz C
� y \ ELBOW — �
ELBOW
CONCRETE BULKHEAD
90• STEEL `
VE'
0DRi (CUR V0702) 'OAELBOWASEMENTAINAGE�-32378\S°
LL-3�w-X� 'S
(9203)
P of
r EASEMENTQ
` ` \ 10' SEWER .
TYP SECONDARY
\'• 'l r,. , 1 5
a / UGNO TO FEED
SECONDARY OVHD SERVICES
/f
3238 �- _ a kAIREZ_,DR _ (92ND. pCoW)' w
L-4347-
_. 4 — F -'C----
P
UGND TO FEED
SECONDARY OVHD TO LOT 9
.``SECONDARY
CONCRETE BULKHEAD,
(CUO V0702)
1 POLE REPLACEMENT AND
` \ i NEW SERVICE POLES TO BE
SET ON WOO 310446/TASK 02 TRIPLfEIDARY
SERVICE
LAYOUT LEGEND
IN
PAD MOUNTED TRANSFORMER
©
SUBMERSIBLE J-BOX
©
SECONDARY PEDESTAL
PRIMARY UNDERGROUND CABLE
- - - - - - - - 4/0 SECONDARY UNDERGROUND CABLE
----�—�-STREET
LIGHT CABLE
0
POLE AND OVERHEAD LINE
- -
PROPERTY LINE
—
—RIGHT-OF-WAY LINE
EXISTING DUCT
— — —
— FUTURE DUCT
— — —
—EXISTING FUTURE DUCT
---- --5------;:)SANITARY
SEWER/MANHOLE
------D----
3STORM DRAIN/CATCH BASIN
------ w-----
-0WATER MAIN/METER
Y
FIRE HYDRANT
1k'
STREET LIGHT
*
UNDERGROUND LOCATOR MARKER
EXISTING STREET LIGHT ON POLE
DUCT
'XINGS BY CUSTOMER
(A 70' OF (2) 2" AND (1) 4" PVC (() 2" AND (1) 4" FUTURE)
30 60' OF (1) 3" PVC
CJ� 50' OF (1) 2" PVC
0 70' OF (1) 3" PVC
OE 40' OF (O 2" PVC
Q 60' OF (1) 2" PVC
© 200' OF (1) 3" PVC
Q 75' OF (1) 3" PVC
XINGS TO BE INSPECTED BY PUD LINE PERSONNEL
STREET LIGHT
1% R/W
EASEMENT 32V2' 171/2' R/W EASEMENT
2' 6"
12 12' 5'
TRANSFORMER/
SEC- I I I VAULT
i 1
PROPOSED GUARDRAIL TRENCH L-SECONDARY
4 1 PEDESTAL
KAIREZ DR .(92ND PL W)
(FROM OLYMPIC VIEW DR NORTH TO 91ST PL W)
TYPICAL ROAD SECTION
NTS
LAYOUT
50'
STREET LIGHT--�
R/W
30, 30' R/W EASE ENT
1•-
11' 5'
�grPLAT FENCE
1, 1
OLYMPIC VIEW DR
VARIES TRENCH
TYPICAL ROAD SECTION
NTS
12
RETAINING WALL
--- _
OVHD LINE FROM HERE
NORTH TO BE REMOVED
ON WOO 310446/TASK 02
AFTER UGND FOR PLAT
HAS BEEN INSTALLED
IC
20'
6"
A-23798
EXISTING o 0
2
4�
R/W 10'
EASEMENT
�
5, L �MENT�!
SIDEWALK I
EASEMENTI TRANSFORMER/
II VAULT
I I
L-SECONOARY
3'-6' PEDESTAL
91ST PL W (PRIVATE RD) VARIES TRENCH
TYPICAL ROAD SECTION
NTS
w0
310448
TASK
04
SCALE
NOTED
DFTR
KG
CHKR
ENCR
SALO
APVD
DW
DATE
10/99
VISTA DEL MAR
DIVISION 2
LAYOUT,OUCT
AND
ROAD SECTIONS
10603-2