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PLN2022-0048_StaffReport _ Attachments'hc. 18yv Project: File Number: CITY OF EDMONDS 121 5"' Avcnuc North, Edmonds WA 98020 Phonc: 425.771.0220 •lax: 425.771.0221 • Wcb: www.cdmondswa-pov DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION PLANNING DIVISION SHORELINE SUBSTANTIAL DEVLEOPMENT PERMIT FINDINGS, CONCLUSIONS, AND DECISION SNOPUD Electrical Circuit Edmonds Waterfront PLN2022-0048 Date of Report: October 19, 2022 From: Michele Q. Szafran, Associate Planner Owner: City of Edmonds' Right -of -Way Applicant: Moe Nave on behalf of Snohomish County PUD SUMMARY OF PROPOSED ACTION Snohomish County PUD is proposing to install underground electric facilities to include a 3-phase circuit loop to backup the Edmonds waterfront, Ferry, Amtrack and businesses and will convert and underground 3 power poles located within the right-of-way adjacent to 102 Main Street. Development projects within shoreline jurisdiction that exceed a fair market value of $8,504.00 (adjusted for inflation as of July 1, 2022) requires a shoreline substantial development permit. The total value of the project exceeds the threshold and thus triggers the requirement of a shoreline substantial development permit. Shoreline substantial development permits where a public hearing is not required by ECDC 24.80.100 are Type II-B decisions pursuant to ECDC 20.01.003. The subject project does not otherwise require a public hearing, and a public hearing was not requested during the 30-day public comment period. Therefore, this shoreline substantial development permit is being processed as a Type II-B process, which is a staff decision with public notice. Below is staff's evaluation and decision on the subject application. II. ATTACHMENTS 1. Land Use Application 2. Plan Set 3. Zoning and Vicinity Map 4. Shoreline Environmental Designations Map 5. Public Notice Documentation 6. Engineering Division Memorandum of Compliance III. GENERAL INFORMATION 1. Owner: City of Edmonds' Right -of -Way 2. Applicant: Moe Nave on behalf of Snohomish County PUD (Attachment 1) 3. Location: Railroad Street Right -of -Way between 102 Main Street and the railroad tracks, Edmonds WA 98020 (Attachments 3 & 4) 4. Zoning: Unzoned right-of-way S. Request: Snohomish County PUD is proposing to install underground electric facilities within the right-of-way adjacent to property located at 102 Main St. (Attachment 2) 6. Review Process: Shoreline substantial development permits where a public hearing is not required by ECDC 24.80.100 are Type II-B decisions pursuant to ECDC 20.01.003. The subject project does not otherwise require a public hearing, and a public hearing was not requested during the 30-day public comment period. Therefore, this shoreline substantial development permit is being process as a Type II-B process, which is a staff decision with public notice. 7. Maior Issues: a. Compliance with Title 24 ECDC Shoreline Master Program 8. Existing Use: The site is currently being used as an egress for Sound Transit busses, the current use of the site will not change. IV. SEPA THRESHOLD DETERMINATION The project is exempt from review under the State Environmental Policy Act (SEPA) pursuant to 197-11-800(23)(c) for projects that involve undergrounding electric facilities, lines, equipment and involves 55,000 volts or less within in existing right of way. The project involves undergrounding electric facilities, lines, equipment and involves 15,000 Volts. Therefore, the proposal is exempt from SEPA. V. PUBLIC NOTICE A "Notice of Application" was published in the Everett Herald Newspaper, posted at the subject site, as well as the Public Safety Complex, and Community Development Department on August 12, 2022. This notice was also mailed to property owners within 300 feet of the site on August 12, 2022. The comment period for the Notice of Application ran for 30 days and ended on September 12, 2022 (Attachment 5). The City has complied with the noticing provisions of Chapter 20.03 ECDC and Chapter 1.03 ECC. VI. TECHNICAL COMMITTEE This application was reviewed and evaluated by South County Fire, Building Division, and the Engineering Division. The project proposal has also been reviewed under permit number ENG2020-0461. Fire and Building had no comments on the proposal. The Engineering Division has reviewed the subject shoreline substantial development permit application and found the information provided is consistent with Title 18 Edmonds Community SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 2 of 13 Development Code & Engineering standards. The proposed construction activities are part of Phase II of a larger SNOPUD project reviewed and approved by the Engineering Division under separate Right -of -Way construction permits ENG2020-0460 and ENG2020-0461. The overall project converts existing overhead power facilities to underground. Compliance with Engineering codes and construction standards were reviewed with the associated right-of-way construction permits noted above (Attachment 6). VII. NATURAL ENVIRONMENT 1. Topography: The subject property is relatively level with approximately a four -foot change in elevation from Sunset Avenue to the western boundary of Railroad St. 2. Soils: According to the Soil Survey of Snohomish County Area, Washington, the soils on the site consist of "Urban land" soils. 3. Critical Areas: A critical areas determination for the property adjacent to the right-of-way location of the project proposal at 102 Main St. was completed in 2019 under File No. CRA2019-0111. The critical area determination found the subject property to be located within a mapped liquefaction hazard area. The subject right-of-way proposal does not include structures and is for underground work only, no critical area report is required pursuant to ECDC 23.40.220.C.6 for minor utility projects. 4. Wildlife: Wildlife associated with the property is typical of an urban environment. The site may be visited by song birds and small mammals; however, the site is nearly 100 percent developed, so it is not currently providing any significant habitat value. 5. Vegetation: The site contains very limited existing vegetation since the site is developed right- of-way and the property adjacent located at 102 Main St. is developed with a building and parking area. 6. Shoreline: A portion of the subject right-of-way is located within the Urban II shoreline designation of the Shoreline Master Program (Attachment 4). Due to the project's location within 200 feet of the shoreline, the proposal is subject to the requirements of the City's Shoreline Master Program (Title 24 ECDC). VIII. NEIGHBORHOOD CHARACTERISTICS The property is located at the south end of Main Street and east of the railroad right-of-way and the ferry terminal and is a developed right-of-way adjacent to a developed commercial property. The properties located east of Railroad St. are zoned BC and are developed sites with commercial uses and surface parking. The property located north of Main Street and properties extending east up Main Street and east of Sunset Ave. S. are zoned BD2 (Downtown Mixed Commercial) and are developed with commercial enterprises. The Brackett's Landing South park is located to the west of the property across the railroad right-of-way and is zoned CW (Commercial Waterfront). A zoning and vicinity map is provided in Attachment 3 for reference. IX. COMPREHENSIVE PLAN The Comprehensive Plan designation for this site is not designated since the proposal is located within an existing developed right-of-way. However, the site located at 102 Main St. which is directly adjacent to the subject right-of-way is within the "Downtown Master Plan" and the site SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 3 of 13 is also within the "Downtown/Waterfront Activity Center" overlay. Goals and policies from the City of Edmonds Comprehensive Plan for the Downtown/Waterfront Activity Center include: Downtown/Waterfront Area Goal A. Promote downtown Edmonds as an attractive setting for retail, office, entertainment and associated businesses supported by nearby residents and the larger Edmonds community and as a destination for visitors from throughout the region. A.1 Ensure that the downtown/waterfront area continues — and builds on — its function as a key identity element for the Edmonds community. A.2 Enhance Edmonds' visual identity by continuing its pedestrian -scale of downtown development, enhancing its shoreline character, and protecting and building on the strong visual quality of the "5th and Main" core. A.6 Provide greater residential opportunities and personal services within the downtown, especially to accommodate the needs of a changing population. Downtown/Waterfront Area Goal B. Continue to plan for and implement improvements in the downtown/waterfront area that resolve safety conflicts while encouraging multi -modal transportation and access to the waterfront. 8.2 Plan for improvements to resolve transportation and safety conflicts in the downtown/waterfront area. Downtown/Waterfront Area Goal D. Define the downtown commercial and retail core along streets having the strongest pedestrian links and pedestrian -oriented design elements, while protecting downtown's identity. D.1 Encourage opportunities for new development and redevelopment which reinforce Edmonds' attractive, small town pedestrian oriented character. D.4 Strive for the elimination of overhead wires and poles whenever possible. The Comprehensive Plan also provides the following specific goal for the Downtown Master Plan designation: Downtown Master Plan. The properties between SR-104 and the railroad, including Harbor Square, the Edmonds Shopping Center (former Safeway site), and extending past the Commuter Rail parking area up to Main Street. This area is appropriate for design -driven master planned development which provides for a mix of uses and takes advantage of its strategic location between the waterfront and downtown. Any redevelopment in this area should be oriented to the street fronts, and provide pedestrian friendly walking areas, especially along Dayton and Main Streets. Development design should also not ignore the railroad side of the properties, since this is an area that provides a 'first impression" of the city from railroad passengers and visitors to the waterfront. Artwork, landscaping, and modulated building design should be used throughout any redevelopment project. Additionally, the Comprehensive Plan provides the following goals for Utilities: Other Utilities Goal A. Provide for public needs while protecting the character of the community and assuring consistency with other plan goals. SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 4 of 13 A.1. New technologies should be planned and carefully researched prior to developing new regulations or reviewing siting proposals. Other Utilities Goal B. Public and private utility plans should be encouraged that identify longrange system needs and that are coordinated with the City's Comprehensive Plan. B.1. All utility projects should be coordinated to provide opportunities for projects to address more than one system improvement or maintenance need. Other Utilities Goal C. Utility structures should be located whenever possible with similar types of structures to minimize impacts on surrounding neighborhoods. C.1. When such locations are not available, utility structures should be located or sited so that they are as unobtrusive as possible and are integrated with the design of their site and surrounding area. C.2. Free-standing structures should be discouraged when other siting opportunities are available Staff finds that the proposal is consistent with the City of Edmonds Comprehensive Plan. X. PUBLIC CONCERNS As of the writing of this staff report, no written public comments have been received. XI. TITLE 24 ECDC EDMONDS SHORELINE MASTER PROGRAM The subject site is located within the Urban Mixed Use II shoreline designation of the Shoreline Master Program (Attachment 4). Due to the project's location within 200 feet of the shoreline, the proposal is subject to the requirements of the City's Shoreline Master Program (Title 24 ECDC) and required to obtain a shoreline substantial development permit. This section evaluates the proposals compliance with the City's Shoreline Master Program including relevant policies and development regulations. 1. ECDC 24.80.040 Substantial Development Permit Criteria. A. A substantial development permit shall be required for all proposed use and development of shorelines unless the proposal is specifically exempt pursuant to ECDC 24.80.010. B. In order for a substantial development permit to be approved, the decision maker must find that the proposal is consistent with the following criteria: All regulations of the city of Edmonds shoreline master program appropriate to the shoreline designation and the type of use or development proposed shall be met, except those bulk and dimensional standards that have been modified by an approval of a shoreline variance under ECDC 24.80.060. 2. All policies of the city of Edmonds shoreline master program appropriate to the shoreline designation and the type of use or development proposed shall be considered and substantial compliance demonstrated. Staff Findings: The subject development is not specifically exempted by ECDC 24.80.010, thus a shoreline substantial development permit is required. The analysis below demonstrates SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 5 of 13 how the proposal is consistent with the relevant regulations and policies of the Edmonds' Shoreline Master Program 2. Chapter 24.20 ECDC Goals and Policies for the Edmonds Shoreline Master Program A. ECDC 24.20.010 Economic Development Element ECDC 24.20.010.8 Economic Development Goal. It is a goal of the city to encourage port facilities, tourist facilities, mixed use, commercial and light industrial development in specific and limited shoreline areas which enhance the public's access to the shoreline. Water -dependent, -oriented and water -enjoyment development are preferred in shoreline areas. The nature of this economic development should attract, and be open to, the general public and should not unduly interfere with the character of the shoreline area or with nearby shoreline and upland uses ECDC 24.20.010.0 Economic Development Policies 1. Mixed use commercial and light industrial uses in the shoreline area should be permitted only where compatible with existing or planned shoreline and upland development, or where legal parcels of land can be aggregated to minimize the impacts from the mixed use commercial or light industrial use. 2. Mixed use commercial and light industrial uses should be permitted only where infrastructure, particularly the roadway system, is presently adequate or is made adequate to accommodate the demands generated by commercial or light industrial development. 4. Permitted mixed use commercial and light industrial development in shoreline areas should enhance opportunity for the public to take advantage of shoreline amenities. Uses that support or enhance the opportunity for public access and complement the cultural arts related to the shoreline should be encouraged. This might include uses wherein the public can view and enjoy the aesthetic qualities of the shoreline and vista beyond. 5. New development or redevelopment should avoid or mitigate additional loss of shoreline ecological functions. 6. Development should be discouraged in any critical area and only allowed where impacts to these areas can be mitigated. 12. Commercial activities in shoreline areas should be operated with minimum adverse impact on the quality of the environment of the shoreline and adjacent areas. Staff Findings: The subject proposal is to install underground electric facilities to back up the Edmonds waterfront, Ferry, Amtrack and businesses and thus is not a water -related business. The subject proposal is separated from the Puget Sound shoreline via the railroad right-of-way and is compatible with the Urban Mixed Use II shoreline designation. The location is on the east side of the railroad right-of-way which minimizes its impact to the shoreline and the proposal should add to the visual aesthetics by undergrounding existing utilities. SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 6 of 13 B. ECDC 24.20.040 Circulation Element ECDC 24.20.040.8 Circulation Goal: It is the goal of the city to provide for the safe and efficient movement of people, goods, and emergency services within the shoreline area while recognizing and enhancing the unique, fragile and scenic character of the shoreline area with minimum disruption to the shoreline environment and minimum conflict between different users. ECDC 24.20.040. C Circulation Policies 1. "Railroad Avenue, Dayton Street, Main Street, Admiral Way, and Sunset Avenue, which provide access to and through the city's accessible downtown shoreline area, should be designed and regulated to safely accommodate the vehicular, bicycle and pedestrian traffic using these corridors, as well as to facilitate egress and ingress from adjacent properties and to enhance the scenic character and recreational use of this corridor, while recognizing that shoreline uses should have primary access to Railroad Avenue and Admiral Way. 6. Circulation and transportation systems should be located, designed and developed with respect to existing and/or planned rail, highway and ferry facilities. Staff Findings: The subject proposal is to install underground electric facilities to back up the Edmonds waterfront, Ferry, Amtrack and businesses and thus will not change the current circulation but will improve functions and aesthetics by upgrading the system. C. ECDC 24.20.050 Shoreline Use Element ECDC 24.20.050.8 Shoreline Use Goals 1. Allow for a diversity of uses within the shoreline area consistent with the dramatically different character of the various shorelines within the city, and to preserve and enhance the natural and aesthetic quality of important shoreline areas while allowing for reasonable development which meet the goals and policies of the Shoreline Management Act. ECDC 24.20.050. C Shoreline Use Policies 1. "Environmentally critical areas" are to be protected and regulated consistent with the city's environmental review and critical areas regulations contained in Chapters 20.15A and 23.40 through 23.90 ECDC, less the exceptions listed in ECDC 24.40.020(C). 6. Uses in shoreline areas should not degrade water quality and land disturbances (land covered by water and the land area adjacent to the ordinary high water mark) should be the minimum necessary. 9. Shoreline use should be compatible with its site, in harmony with adjacent uses, and consistent with long-range comprehensive planning for waterfront use. SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 7 of 13 10. Uses which adversely alter or degrade the defined shoreline "natural systems" should be prohibited. 13. All use and development should use low impact development (LID) techniques where appropriate and feasible. Staff Findings: The subject proposal is to install underground electric facilities to back up the Edmonds waterfront, Ferry, Amtrack and businesses, no critical areas or sensitive shoreline areas will be impacted by the proposed development. D. ECDC 24.20.090 Views and aesthetics Element ECDC 24.20.090.8. Views and aesthetics Goal. It is the goal of the city to assure that the public's ability and opportunity to enjoy shoreline views and aesthetics is protected. ECDC 24.20.090. C Views and aesthetics Policies 3. Public visual access should be maintained, enhanced and preserved on shoreline street ends, public utilities and rights -of -way and within public "view corridors" as designated by the city. Staff Findings: The subject proposal is to install underground electric facilities to back up the Edmonds waterfront, Ferry, Amtrack and businesses, and thus will improve views and aesthetics. E. ECDC 24.20.100 Urban Design Element ECDC 24.20.100.8. Urban Design Goal. It is a goal of the city to encourage development within the shoreline area that is visually coherent, provides visual and physical linkage to the shoreline, enhances the waterfront, and is consistent with the streetscape plan. ECDC 24.20. 100. C Urban Design Policies The shoreline area within and south of the north boundary of the Brackett's Landing North Park, to the south city limits (generally the urban mixed use shoreline environment) is one of the most scenic areas of the city. It also, to a large extent, establishes the visual identity of Edmonds. As such, both public and private development in these areas should be controlled and regulated to provide an urban environment which preserves or enhances the opportunity for the public to enjoy the scenic quality of the shoreline. 8. Projects should be designed to minimize impacts to existing shoreline ecological functions Staff Findings: The proposed development is located on the east side of the railroad right- of-way and since the proposal includes underground utilities the visual impacts to the shoreline area will be minimized. The project will not impact existing shoreline ecological functions. SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 8 of 13 3. Chapter 24.30 ECDC Shoreline Environments A. ECDC 24.30.070 Urban Mixed Use ECDC 24.30.070.A Purpose. The purpose of the urban mixed use environment is to provide for high -intensity, water -oriented commercial, transportation, and industrial uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. ECDC 24.30.070.8.3 Designation Criteria. Urban Mixed Use ll. The designation is assigned to areas that are suitable and planned for high -intensity, water -dependent uses related to commerce, transportation, and recreation. ECDC 24.30.070.D Management Policies 1. In regulating uses in the urban mixed use environments, first priority should be given to water -dependent uses. Second priority should be given to water -related and water - enjoyment uses. Non -water -oriented uses may be allowed as part of mixed use developments. Non -water -oriented uses may also be allowed in limited situations where they do not conflict with or limit opportunities for water -oriented uses or on sites where there is no direct access to the shoreline. 2. Full utilization of existing urban areas should be achieved before further expansion of intensive development is allowed. 3. Reasonable long-range projections of regional economic need should guide the amount of shoreline designated urban mixed use; however, consideration should be given to the potential for displacement of non -water -oriented uses with water - oriented uses when analyzing full utilization of urban waterfronts and before considering expansion of such areas. 4. Where feasible, visual and physical public access should be provided. 5. Aesthetic objectives should be implemented by means such as sign control regulations, appropriate development siting, screening and architectural standards, and maintenance of natural vegetative buffers. 6. Any new development or redevelopment should utilize low impact development techniques where feasible and appropriate. 7. Any new development shall include environmental cleanup, restoration of shoreline or other development techniques where feasible and appropriate to assure no net loss of shoreline ecological functions, and shall comply with any relevant state and federal law. Staff Findings: The proposed development is consistent with the purpose of the Urban Mixed Use shoreline environment. The development will result in no net loss of shoreline ecologically functions and values. Visual and public access to the shoreline will not be impacted by the proposed development. 4. Chapter 24.40 ECDC General Policies and Regulations A. ECDC 24.40.040 Public Access and Views SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 9 of 13 The proposed development will not impact public access to the shoreline area and the regulations related to public access in ECDC 24.40.040.13.1 through 13.9 are not applicable to the project. B. ECDC 24.40.080 Shoreline development permitted by area designation ECDC 24.40.080 identifies the allowed uses in the various shoreline area designations. The subject development is a utility use permitted via a shoreline substantial development permit within the Urban Mixed Use II shoreline environment. C. ECDC 24.40.090 Shoreline bulk and dimensional standards The bulk and dimensional requirements for all other development within the Urban Mixed Use II shoreline environmental in ECDC 24.40.090 are detailed in the table below: Shore Building Maximum Min. Lot Maximum Maximum Setback Setback Buffer Height16 Area Density Coverage q 15 feet N/A N/A 30' feet None N/A None 16 The maximum height limit shall be determined by the underlying comprehensive planning document and zoning designation. Height limits greater than 35 feet shall be supported by view analysis and structures designed to minimize impacts on public views. Staff Findings: The proposed development is more than 15 feet from the Puget Sound ordinary high-water mark and the development does not change the height of structures. 5. Chapter 24.50 ECDC Specific Modification Policies and Regulations A. ECDC 24.50.010 General Modification Policies ECDC 24.50.010.A.1 Locate and design all new development in a manner that prevents or minimizes the need for shoreline modifications. Staff Findings: The proposed development is on the east side of the railroad right-of-way and is located in an area where no shoreline modifications will be required. 6. Chapter 24.60 ECDC Specific Use Policies and Regulations A. ECDC 24.60.090 Utilities ECDC 24.60.090.A. Applicability. Utilities are services and facilities that produce, convey, store, or process power, gas, sewage, communications, oil, waste, and the like. On -site utility features serving a primary use, such as a water, sewer or gas line to a residence, are "accessory utilities" and shall be considered a part of the primary use. ECDC 24.60.090. B. Utilities Policies. 1. Solid waste disposal activities and facilities are prohibited in shoreline areas. 2. New public or private utilities should be located inland from the land/water interface, preferably out of the shoreline jurisdiction, unless this location is reasonably necessary for the efficient operation of the utility facility or service. SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 10 of 13 3. Utilities should be located and designed to avoid negative impacts to public recreation and public access areas and significant natural, historic, archaeological or cultural resources. 4. Utilities should be located such that shoreline defense works will not be required for the life of the project. 5. All utility development should be consistent with and coordinated with all local government and state planning, including comprehensive plans and single purpose plans to meet the needs of future populations in areas planned to accommodate growth. Site planning and rights -of -way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible, utility right-of-way acquisition should also be coordinated with transportation and recreation planning. 6. Utilities should be located in existing rights -of -way and corridors whenever feasible. 7. Utilities serving new development should be located underground, wherever feasible. 8. Development of pipelines and cables on aquatic lands and tidelands, particularly those running roughly parallel to the shoreline and development of facilities that may require periodic maintenance which would disrupt shoreline ecological functions should be discouraged except where no other feasible alternative exists. When permitted, provisions shall assure that the facilities do not result in a net loss of shoreline ecological functions or significant impacts to other shoreline resources and values. 9. Utilities should be designed and developed to preserve scenic views and aesthetic qualities of the shoreline area. Staff Findings: The subject proposal is to install underground electric facilities to back up the Edmonds waterfront, Ferry, Amtrack and businesses. The subject proposal is separated from the Puget Sound shoreline and is on the east side of the railroad right- of-way which minimizes its impact to the shoreline. Additionally, the proposal will preserve scenic views and aesthetic qualities of the shoreline area. ECDC24.60.090.C. Utilities Regulations. 1. Prohibited Pipelines. Except for gas or oil pipelines, city -approved sanitary sewer, stormwater outfoll lines, or other conveyance systems for on -site drainage collection permitted in this section, no pipeline for the transmission of any substance that would be hazardous to the aquatic environment may be constructed within the shoreline area. SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 11 of 13 2. Except where infeasible, all utility lines, pipes, conduits, meters, vaults and similar infrastructures and appurtenances must be placed underground consistent with the standards of the serving utility. 3. Utilities may not be located waterward of the ordinary high water mark unless no practicable alternative exists and this location is essential to the operation of the utility. 4. Utilities shall be located adjacent to or within existing utility or circulation easements or rights -of -way whenever feasible. Joint use of rights -of -way and corridors is encouraged. 5. Utility production and processing facilities, such as power plants and sewage treatment plants, or parts of those facilities, that are not water -dependent shall be located outside of shoreline jurisdiction unless alternative locations are demonstrated to be infeasible and it is demonstrated that the facilities do not result in a net loss of shoreline ecological functions and processes or significant adverse impact to other shoreline resources and values such as parks and recreation facilities, public access and aesthetic resources. 6. Outfall pipelines and diffusers are water -dependent, but should be located only where there will be no net loss in shoreline ecological functions and processes or adverse impacts upon shoreline resources and values. 7. Facilities for processing, storage and disposal of solid waste are not normally water - dependent. Components that are not water -dependent shall not be permitted in shoreline jurisdiction. 8. Temporary storage of solid waste in suitable receptacles is permitted as an accessory use to a primary permitted use, or for litter control. 9. When feasible, utility development shall include public access to the shoreline, trail systems, and other forms of recreation, providing such uses will not unduly interfere with utility operations, endanger the public health, safety, and welfare, or create a significant and disproportionate liability for the owner. 10. Utility developments shall be located and designed so as to avoid, to the extent practicable, the need for any structural or artificial shoreline modification works for the life of the project. Staff Findings: The subject proposal is to install underground electric facilities to back up the Edmonds waterfront, Ferry, Amtrack and businesses. The subject proposal is separated from the Puget Sound shoreline and is on the east side of the railroad right- of-way which minimizes its impact to the shoreline. Additionally, the proposal will preserve scenic views and aesthetic qualities of the shoreline area. SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 12 of 13 ECDC 24.60.090. E. Utilities— Shoreline Area Regulations. 4. Urban Mixed Use 11. Utility development is permitted subject to the policies and regulations of this master program. Staff Findings: The proposed use is allowed pursuant to ECDC 24.60.090.E.4. XII. CONCLUSION AND RECOMMENDATION Based on the analysis within and the attachments included with this report, staff finds the proposal is consistent with the policies and regulations of the City of Edmonds Shoreline Master Program as codified in Title 24 ECDC and the shoreline substantial development permit criteria in ECDC 24.80.040 and grants APPROVAL of the shoreline substantial development permit to install underground electric facilities to include a 3-phase circuit loop to backup the Edmonds waterfront, Ferry, Amtrack and businesses and convert and underground 3 power poles located within the right-of-way adjacent to 102 Main Street subject to the following conditions: 1. The application is subject to all applicable requirements contained in the Edmonds Community Development Code (ECDC). It is the responsibility of the applicant to ensure compliance with all applicable requirements. 2. The applicant is responsible for obtaining all local, state, and/or federal permits or approvals applicable to the proposed project. XIII. APPEALS Pursuant to ECDC 20.06.030, a party of record may submit a written appeal of a Type II decision within 14 days of the date of issuance of the decision. The appeal shall be made in writing and shall include all required information stated in ECDC 20.06.030.D as well as the applicable fee. The appeal will be heard at an open record public hearing before the Hearing Examiner according to the requirements of Chapter 20.06 ECDC. XIV. PARTIES OF RECORD City of Edmonds 121— 5ch Avenue N Edmonds, WA 98020 Snohomish County PUD Moe Nave; Via email P.O. Box 1107 Everett, WA 98206 SNOPUD — Shoreline Substantial Development Permit PLN2022-0048 Page 13 of 13 i CITY OF EDMONDS MyBuildingPermit.com Land Use Application #1161295 - Electrical Circuit Edmonds Waterfront Applicant First Name Last Name Company Name Moe Nave Snohomish County PUD Number Street Apartment or Suite Number E-mail Address PO Box 1107 jointuse@snopud.com City State Zip Phone Number Extension Everett WA 98206 (425) 783-5681 Contractor Company Name Number Street Apartment or Suite Number City State Zip Phone Number Extension State License Number License Expiration Date uBl # E-mail Address Project Location Number Street Floor Number Suite or Room Number City Zip Code County Parcel Number Associated Building Permit Number Tenant Name Additional Information (i.e. equipment location or special instructions). Work Location Railroad ST & Main ST Property Owner First Name Last Name or Company Name Number Street Apartment or Suite Number City State Zip Certification Statement - The applicant states: I certify that I am the owner of this property or the owner's authorized agent. If acting as an authorized agent, I further certify that I have full power and authority to file this application and to perform, on behalf of the owner, all acts required to enable the jurisdiction to process and review such application. I have furnished true and correct information. I will comply with all provisions of law and ordinance governing this type of application. If the scope of work requires a licensed contractor to perform the work, the information will be provided prior to permit issuance. Date Submitted: 6/20/2022 Submitted By: Moe Nave ATTACHMENT Page 1 of 2 '* i CITY OF EDMONDS MyBuildingPermit.com Land Use Application #1161295 - Electrical Circuit Edmonds Waterfront Project Contact Company Name: Snohomish County PUD Name: Moe Nave Email: jointuse@snopud.com Address: PO Box 1107 Phone #: (425) 783-5681 Everett WA 98206 Project Type Activity Type Scope of Work New New Development Activity Project Approval Project Name: Electrical Circuit Edmonds Waterfront Description of This shoreline permit submittal is tied to ENG2020-0461. PUD to install 3 phase circuit loop Work: to backup the Edmonds waterfront, Ferry, Amtrak and businesses. Will convert and underground 3 power poles. Project Details Development Type Land Use Page 2 of 2 . OF tp,b v OHO MyBuildingPermit.com Jurisdiction: Edmonds Project Name: Electrical Circuit Edmonds Waterfront Application ID: 1161295 Supplemental Name: Applicant Certification - Planning The 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. The property affected by the application is in the exclusive ownership of the applicant or that the application has been submitted with the consent of all owners of the affected property. I certify, under the penalty of perjury under the laws of the State of Washington, 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 behalf of the owner of the subject property. I do so certify. MyBuildingPermit.com Jurisdiction: Edmonds Project Name: Electrical Circuit Edmonds Waterfront Application ID: 1161295 Supplemental Name: Land Use Application If this is a new parcel or lot that does not yet have an address or a County tax account number, please describe the property and its location (otherwise, you may skip this question): Please describe the project and/or proposed use(s) you are seeking approval for with this application (you can upload a more detailed file/letter later in the application, as necessary): installing circuit loop for Edmonds waterfront. See attached documents. Check the boxes indicating all of the related approvals you are seeking for this project (including this application). NOTE THAT A SEPARATE APPLICATION IS REQUIRED FOR EACH APPROVAL. Shoreline Permit City of Edmonds Land Use Application ❑ ARCHITECTURAL DESIGN REVIEW • ' • • ❑ COMPREHENSIVE PLAN AMENDMENT ❑ CONDITIONAL USE PERMIT FILL # ZONE ❑ HOME OCCUPATION DATE REC'D BY ❑ FORMAL SUBDIVISION ❑ SHORT SUBDIVISION FEE RECEIPT # ❑ LOT LINE ADJUSTMENT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOPMENT ❑ OFFICIAL STREET MAP AMENDMENT ❑ HE ❑ STAFF ❑ PB ❑ ADB 7 CC ❑ STREET VACATION ❑ REZONE V SHORELINE PERMIT ❑ VARIANCE / REASONABLE USE EXCEPTION ❑ OTHER: • PLEASE NOTE THAT ALL INFORMATION CONTAINED WITHIN THE APPLICATION IS A PUBLIC RECORD • PROPERTY ADDRESS OR LOCATION Railroad St. & Main St., Edmonds WA 98020 PROJECT NAME (IF APPLICABLE) Electrical Circuit loop/backup for Edmonds Waterfront PROPERTY OWNER City of Edmonds PHONE # ADDRESS E-MAIL FAX # TAX ACCOUNT # SEC. 23 TwP. 27 RNG 03 DESCRIPTION OF PROJECT OR PROPOSED USE (ATTACH COVER LETTER AS NECESSARY) Install 3 phase circuit loop to backup the Edmonds waterfront, Ferry, Amtrak and businesses. Also convert and underground 3 power poles. See attached plans. DESCRIBE HOW THE PROJECT MEETS APPLICABLE CODES (ATTACH COVER LETTER AS NECESSARY) See attached documentation criteria. APPLICANT Snohomish County PUD - Richard Dumo (Engineer) PHONE # 425- 783-5110 ADDRESS 1802 75th St. SW MS-02, Everett WA 98206 E-MAIL rsdumo@snopud.com FAX # CONTACT PERSON/AGENT Joint Use Department PHONE # 425- 783-4315 ADDRESS PO Box 1107 Everett WA 98206-1107 E-MAIL Jointuse@snopud.com FAX # 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 applications on the behalf of the owner as listed below. SIGNATURE OF APPLICANT/AGENT "'��aod Paw DATE 6/8/2022 Property Owner's Authorization I, certify under the penalty of perjury under the laws of the State of Washington that the following is a true and correct statement: 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 Questions? Call (425) 771-0220. Revised on 8122112 B - Land Use Application Page I of I Addendum to Shoreline Permit Application 1. A completed and signed land use application form. Ans: See attached 2. If applicable, Environmental Checklist and associated SEPA review fee (refer to Fee Sheet and Handout #P71). Please verify with the Planning Division whether or not SEPA review will be required for your specific proposal. Ans: See below. The SEPA exemption for utilities is contained in WAC 197-11-800(23) and subsection (c) provides: All electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 55,000 volts or less, the overbuilding of existing distribution lines (55,000 volts or less) with transmission lines (up to and including 115,000 volts); within existing rights of way or developed utility corridors, all electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 115,000 volts or less; and the undergrounding of all electric facilities, lines, equipment or appurtenances. Project involves undergrounding electric facilities, lines, equipment and involves 15,000 Volts. Therefore, it falls within the parameters, and it is exempt from SEPA. 3. Statement addressing all applicable standards, requirements, and criteria in the development regulations. Ans: See answer for #10. 4. Fee: See Fee Sheet. Ans: Required fee will be paid by PUD Joint Use Department. 5. Adjacent property owner's list (refer to Handout #P2). Ans: See below. Adjacent Property List: Address of Property Owner Parcel ID Township & Range Latitude & Longitude 102 Main St. Trinity United Group LLC 00454800300700 27N3E23SE Lat. 47.8121, Lon.-122.3824 Unknown Central Puget Sound Regional Transit 00984006040400 27N3E23SE Lat. 47.8126, Lon.-122.3823 101 Main St. Kafe Neo-Alderwood LLC 27032300105800 27N3E23SE Lat. 47.8125, Lon.-122.3822 101 Main St. Kafe Neo-Alderwood LLC 00434401300101 27N3E23SE Lat. 47.8125, Lon.-122.3821 ATTACHMENT 2 6. Location of the property. This shall, at a minimum, include the property address and identification of the section, township and range to the nearest quarter, quarter section or latitude and longitude to the nearest minute. All applications for projects located in open water areas away from land shall provide a longitude and latitude location. Ans: See below. Address of Property I Owner I Parcel ID I Township & Range Latitude & Longitude :::] none I City of Edmonds Right -of -Way I none I 27N3E23SE Lat. 47.8123, Lon.-122.3826 Aerial location of property: (Shoreline area shaded in purple) 7. Identification of the name of the shoreline (water body) that the site of the proposal is associated with. Ans: See aerial below. Name of shoreline: Puget Sound. 8. A general description of the property as it now exists including its physical characteristics and improvements and structures. Ans: The property is currently being used as an egress for Sound Transit busses. See picture below. 9. A general description of the vicinity of the proposed project including identification of the adjacent uses, structures and improvements, intensity of development and physical characteristics. Ans: There are no building or structures in the immediate vicinity of the electrical vault. as it's in the middle of the road is part of the sidewalk and driving lane. It is paved with cement and will remain same after restoration. 4 10. A site development plan consisting of maps and elevation drawings, drawn to an appropriate scale to depict clearly all required information, photographs and text which shall include: ,/The boundary of the parcel(s) of land upon which the development is proposed. Ans: See map below. ,/The ordinary high-water mark of all water bodies located adjacent to or within the boundary of the project. This may be an approximate location provided, that for any development where a determination of consistency with the applicable regulations requires a precise location of the ordinary high water mark the mark shall be located precisely and the biological and hydrological basis for the location as indicated on the plans shall be included in the development plan. Where the ordinary high-water mark is neither adjacent to or within the boundary of the project, the plan shall indicate the distance and direction to the nearest ordinary high-water mark of a shoreline. Ans: See map below. Purple area covers the boundary of high water mark of a shoreline. ✓Existing and proposed land contours. The contours shall be at intervals sufficient to accurately determine the existing character of the property and the extent of proposed change to the land that is necessary for the development. Areas within the boundary that will not be altered by the development may be indicated as such and contours approximated for that area. Ans: Final contour of the proposed job location will be the same as existing contour when finished. ✓A delineation of all wetland areas that will be altered or used as a part of the development. Ans: Existing job location is not a wetland area => Not Applicable ✓A general indication of the character of vegetation found on the site. Ans: Existing job site does not have vegetation => Not Applicable ✓ The dimensions and locations of all existing and proposed structures and improvements including but not limited to; buildings, paved or graveled areas, roads, utilities, septic tanks and drain fields, material stockpiles or surcharge, and stormwater management facilities. Ans: See map below. ✓Where applicable, a landscaping plan for the project. Ans: Not currently landscaped => Not Applicable ✓Where applicable, plans for development of areas on or off the site as mitigation for impacts associated with the proposed project shall be included and contain information consistent with the requirements of this section. Ans: No known future development plans => Not Applicable ✓Quantity, source, and composition of any fill material that is placed on the site whether temporary or permanent. Ans: Area will be restored with native backfill and surface will be restored with same cement road grade. ✓Quantity, composition, and destination of any excavated or dredged material. Ans: Excavated materials: Quantity: Approximately 50 cu. Ft. (20" W X 36" D X 10' L) of material from inside of shoreline area. A total of 165 cu ft tota I. Composition: Mixed dirt, sand, gravel, and cement. Destination: Will be recycled or disposed of accordingly by Snohomish County PUD crews. ✓A vicinity map showing the relationship of the property and proposed development or use to roads, utilities, existing developments and uses on adjacent properties. See vicinity map below: ... 1 ✓Where applicable, a depiction of the impacts to views from existing residential uses and public areas. Ans: Will not impact any existing residential views or public areas => Not Applicable 7 , = - City of Edmonds ZONING & VICINITY MAP • .r ♦ ♦ �.♦� �,�� t �1 �• A' Legend �♦ ♦ ♦ ♦�♦ f♦• 13 Rezones — • PRID RoW �''♦7� y ♦•♦•♦S Project Location '•♦�♦�i♦ ♦ ♦p�'4 ♦�♦• ,♦ yP Zoning C Y Y - L�J `e •♦•♦�•♦•♦•♦. RS-12 C� �O� .. .0��♦• ♦tQ♦�,,/ �• tlINE _ ♦ "'♦•���s♦�+. ® RSW-12 RS-20 \llll' ,��w " 1 ,.♦� ♦��♦� RS-M P RM-3 �• •♦ ■ RM-2.4 4 • aE ■ RM-1.5 . - ♦`� * ] RM-EW BD1 ����!' • �� BD4 `►•`( �•• �\ BDS OR 0v / ♦•♦•♦ ♦ W.0 •� .♦•♦•♦•♦• ♦••♦•� ♦ ♦ ♦ ♦ ♦ ♦ ♦®♦ ♦ '�^ ♦ ♦ N ® WMU BP . �••• �� �•••�Or '•. T: ® BN FVMU BC Notes J♦•♦�q ♦•♦ 1: 1,065 O f••� ♦•♦• 0 88.77 177.5 Feet 132.2 This ma is a user generated static output from an Internet mapping site and is for 1,586 p B p pp B reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Al IAUHMEN 1 ;3 ,=- City of Edmonds SHORELINE ENVIRONMENT MAP I_ b. 4-,.Iroad p L ' 1 I G • r ? , Legend � 0 Rezones ac111 r _ L PRD Shoreline Environment �J Aquatic I PROJECT LOCATION 0: Aquatic11 ,� J _�� �(,� 9 7 J 7Q ■ Conservancy Conservancy .a P ♦ Natural� � Shoreline Residential I O Shoreline Residential II � � ■ Shoreline Residential III Urban Mixed Use I -� - _ ,� ■ Urban Mixed Use 11 ti :'y ■ Urban Mixed Use III Urban Mixed Use IV „ ■ Urban Railroad RoW e ��`.� ArcSDE.GIS.STREET CENTERLINE: - rban . i. Q)Af <all other values, 1 P 2 5,4 � 9; 71; 7;8 Sections Boundary Sections " Edmonds Boundary A.-c nnnncnvv nrwrc • 1: 1,065 Notes 0 88.77 177.5 Feet 1,586 132.2 This ma is a user generated static output from an Internet mapping site and is for p B p pp B reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Al IAUHMEN 1 4 LyOF C� O�� CITY OF EDMONDS NOTICE OF APPLICATION PROJECT DESCRIPTION: The applicant is proposing to install a 3-phase circuit loop to back up the Edmonds waterfront, Ferry, Amtrak and businesses, and convert and underground 3 power poles, which are located within shoreline jurisdiction. Since the value of the project exceeds $7,047, the project requires a shoreline substantial development permit. The subject property is located within the Right -of -Way (ROW) adjacent to 102 Main Street within the Urban Mixed Use II shoreline environment. PROJECT LOCATION: Right -of -Way (ROW) adjacent to 102 Main Street, Edmonds, WA. Tax Parcel Number 00454800300700 NAME OF APPLICANT: Moe Nave; Snohomish County PUD FILE NUMBER: (PLN2022-0048) DATE OF APPLICATION: August 5, 2022 DATE OF COMPLETENESS: August 9, 2022 DATE OF PUBLIC NOTICE: August 12, 2022 REQUESTED PERMIT: Shoreline Substantial Development Permit (Type II-B permit process, Staff Decision with Notice). Pursuant to ECDC 24.80.100, the application could be elevated to a Type III -A process (Hearing Examiner Decision following public hearing) if one or more interested persons submits a written request for a public hearing together with $515 (50% the difference between and Type II and Type III permit application) and a statement of the reasons for the request within 14 days of the publication date of this notice of the application. OTHER REQUIRED PERMITS: Building permit EXISTING ENVIRONMENTAL DOCUMENTS: Critical Area Determination COMMENTS ON PROPOSAL DUE: September 12, 2022 Any person has the right to comment on this application during public comment period, receive notice and participate in any hearings, and request a copy of the decision on the application. The City may accept public comments at any time prior to the closing of the record of an open record predecision hearing, if any, or, if no open record predecision hearing is provided, prior to the decision on the project permit. Only parties of record as defined in ECDC 20.06.020 have standing to initiate an administrative appeal. Information on this development application can be obtained online at httos://www.edmondswa.izov/services/public involvement/public notices/development notices under the development notice for application number PLN2022-0048, by emailing the City contact listed below, or by calling the City of Edmonds at 425-771-0220. Please refer to the application number for all inquiries. CITY CONTACT: Michele Szafran, Associate Planner/Michele.Szafran@edmondswa.gov/ 425-771-0220 ATTACHMENT 5 City of Edmonds VICINITY MAP 37 Legend 04f 13 Rezones �., t PRD Project Location ;�`` r ArocSDE.GIS.STREET_CENTERLINE - — <all other values, 5; 4 • �_ s=s �- 9;71;7;8 • Sections Boundary Edmonds Boundary ArcSDE.GIS.PROPERTY BUILDIN( ArcSDE.G IS.STREET_CENTERLINE — <all other values> Interstate 1 Principal Arterial Minor Arterial; Collector w� Local Street State Highways <all other values> • yam' ., - - 0 • i C 1 A 2 i `O County Boundary Parks � �. �_ f � ^ n...cnc r_�c nonncoTv �wrncurwu 1:653 O Notes 0 54.44 108.9 Feet 973 81.1 This map is a user generated static output from an Internet mapping site and is for reference only. Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current, or otherwise reliable. © City of Edmonds THIS MAP IS NOT TO BE USED FOR DESIGN OR CONSTRUCTION Date: To: From: Subject MEMORANDUM September 6, 2022 Michele Szafran, Planning Division Jeanie McConnell, Engineering Division PLN2022-0048 — Shoreline Substantial Development Permit Snohomish County PUD —102 Main Street Engineering has reviewed the subject shoreline substantial permit application and found the information provided is consistent with Title 18 Edmonds Community Development Code & Engineering standards. The proposed construction activities are part of Phase II of a larger SNOPUD project reviewed and approved by the Engineering Division under separate Right - of -Way construction permits ENG2020-0460 and ENG2020-0461. The overall project converts existing overhead power facilities to underground. Compliance with Engineering codes and construction standards were reviewed with the associated right-of-way construction permits noted above. Thank you. City of Edmonds ATTACHMENT 6