Exhibit 1 - Staff Report and Recommendation.pdfIT
" 0 N S GARY HAAKENSON
MAYOR
121 5TH AVENUE NORTH ® EDMONDS, WA 98020 ® 425-771-0220 ® FAX 425-771-0221
Website: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT
PLANNING DIVISION
REPORT & RECOMMENDATION TO THE HEARING EXAMINER
Project: Talbot Road/Perrinville Creek Drainage and Habitat Project
File Number: PLN20100034
Date of Report: Jura°a"23, 2010
From:
Ienen Lien, Associate Planner
Public Hearing: July 1, 2010 at 3:00 P.M.
Edmonds Public Safety Complex: Council Chambers
250 - 5"' Avenue North, Edmonds, WA 98020
I. SUMMARY OF PROPOSED ACTION:
The Talbot Road — Perrinville Creek Drainage Improvement Project is located between Talbot
Road and the Burlington Northern Santa Fe (BNSF) railroad tracks near the Puget Sound
shoreline. The project involves work in Perrinville Creek, modifications to an existing high-flow
bypass structure, and relocating a storm drain and outfall to Perrinville Creek. The storm drain
receives runoff from neighborhood streets and an unnamed stream that drains from Southwest
County Park.
The project will remove sediment that has accumulated in the lower portion of Perrinville Creek,
improve fish passage, replace an existing storm drain with a larger pipe, and provide channel
improvements to improve fish habitat and resolve flooding of private property. The project will
occur on private properties at 8307, 8311, and 8229 Talbot Road, BNSF right-of-way and in the
Talbot Road public right of way in Edmonds (Exhibit 9),
The project is scheduled to occur in two phases. Phase 1, to be completed in 2010, will address
the sedimentation and aggradation to alleviate the short-term flooding risk during the winter of
2010-2011. Phase 2, to be completed in 2011, will address the inadequate storm drain on 8307
Talbot Road by installation of a larger pipe. Phase 2 will also include channel improvements to
improve fish passage and fish habitat (Exhibits 2 — 5).
Exhibit 1
PLN20100034
Tracorporuted Augusi 11, ]890
Sister City - Hekinan, Japan
Talbot Road/Perrinville Creek Drainage and Habitat Project
Shoreline Substantial Development Permit
File No. PLN20100034
II. GENERAL INFORMATION:
1. Applicant: City of Edmonds
2. Request: The applicant is requesting a Shoreline Substantial Development permit for work
in Perrinville Creek that involves modifications to an existing high-flow bypass structure,
and relocating a storm drain and outfall to Perrinville Creek. The project will remove
sediment that has accumulated in the lower portion of Perrinville Creek, improve fish
passage, replace an existing storm drain with a larger pipe and provide channel
improvements to improve fish habitat and resolve flooding of private property (Exhibits 2 —
5).
3. Review Process: Utility projects require a shoreline substantial development permit
according to ECDC 23.10.120. Pursuant to ECDC 20.55.030, the hearing examiner shall
review and issue decision on shoreline permits as a Type III -B decision, using the criteria
contained in the City of Edmonds Shoreline Master Program (ECDC 23.10), the policies of
the Shoreline Management Act and of Chapter 173-27 WAC.
4. Maior Issues:
a. Compliance with ECDC 16.20 Single-family residential
b. Compliance with ECDC 23.10 Shoreline Master Program
i. ECDC 23.10.060 Shoreline use elements goals and policies
ii. ECDC 23.10.085 Conservation element goals and policies
iii. ECDC 23.10.130 General regulations — Environmentally sensitive areas and critical
areas
iv. ECDC 23.10.175 Use regulations — Utilities, government facilities, and
transportation systems
v. ECDC 23.10.2 10 General regulations — Land surface modification
vi. ECDC 23.10.215 Special regulations — Authority of the city
c. Compliance with Critical Area Ordinance
i. ECDC 23.40 Environmentally Critical Area General Provisions
ii. ECDC 23.50 Wetlands
iii. ECDC 23.70 Frequently Flooded Areas
iv. ECDC 23.90 Fish and Wildlife Habitat Conservation Areas
5. Property Owners: William and Dorothy Robinson Trust (8307 and 8311 Talbot Road)
Patricia Ohanley (8229 Talbot Road)
Burlington Northern Santa Fe Railroad (RR right-of-way)
6. Location: The project will occur on private properties at 8229, 8307 and 8311 Talbot Road,
within the Burlington Northern Santa Fe Railroad right-of-way, and in the Talbot Toad
public right of way (Exhibit 9).
7. Tax Parcel Number: 00594400001301, 00594400001300, and 00594400001100.
8. Zoning: Single -Family Residential (RS -20). (Exhibit 9)
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9. Shoreline Designation: The portion of the project located within the railroad right-of-way
is designated as the Urban Railroad and the portion of the project located outside of the
railroad right-of-way is designated Suburban Residential I. (Exhibit 10)
10. Existina Use: The site is developed with single family residential units and a railway
corridor.
11. Proposed Use: The proposed use is unchanged.
III. SEPA THRESHOLD DETERMINATION:
Review under the State Environmental Policy Act (SEPA) is required for the project because the
project involves utility work on lands covered by water. The applicant submitted an
Environmental Checklist with the application which is included as Exhibit 11. The City of
Edmonds, acting as lead agency, issued a Mitigated Determination of Nonsignficance on June 1,
2010 (Exhibit 12). The mitigating measures being that the City must implement the mitigation
measures identified in the critical areas report prepared for the project (Exhibit 6) and that the
project must comply with hydraulic project approvals for the project. No comments or appeals
of the SEPA determination were received by the City.
The City of Edmonds has complied with the SEPA requirements.
IV. PUBLIC HEARING NOTICE:
ECDC 20.55.020.A requires that in addition to the noticing requirements of ECDC 20.03, notice
for shoreline permit applications shall be given by publication in a newspaper of general
circulation in Edmonds at least once a week on the same day of the week for two consecutive
weeks. The last day of publication shall be at least 30 days before the first public hearing on the
permit. A notice of application and hearing date was published in the Herald newspaper on May
25, 2010 and June 1, 2010; which are 37 and 30 days prior to the scheduled hearing respectively.
The notice of application and hearing date was also posted at the site, the Public Safety Complex,
Development Services Department, Library and mailed to the adjacent property owners within
300 feet of the site on June 1, 2010.
The City has complied with the noticing provisions of ECDC 20.03 (Public Notice) and
20.55.020 (Shoreline Permit Notice). Copies of the notices and affidavits of mailing and posting
are included as exhibits included with this report (Exhibits 13 — 15).
V. TECHNICAL COMMITTEE:
This application was reviewed and evaluated by the City's Fire Department, Engineering
Division, Building Division, Parks and Recreation Department, and the Public Works
Department. All of these divisions/departments indicated the project would not affect their
department. The only comment was from the City's Engineering Division, which indicated the
consultants and city staff are working to obtain permits from US Army Corps of Engineers,
Washington Department of Fish and Wildlife and other permits as required. Erosion control
measures will be approved and monitored by these other entities (Exhibit 16).
VI. NATURAL ENVIRONMENT:
1. Topography: The site generally slopes towards Puget Sound with 5 to 10% slopes.
2. Soils: The NRCS soil maps indicate the site predominately contains Alderwood-Urban Land
Complex 2 -8 percent slopes soils (Exhibit 6). The Terracon Geotechnical Report dated
September 29, 2009 (Exhibit 8) describes approximately 3.5 to 5 feet of fill underlain by
medium to dense sand with gravel and silt to gravelly sand with silt.
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3. Critical Areas: The project will involve work within critical areas and/or critical area
buffers. The Critical Areas Report and Mitigation Plan for the Talbot Road — Perrinville
Creek Drainage Improvement Project (Exhibit 6) identifies four critical areas: Perrinville
Creek which is a Type F anadromous fish -bearing stream, an unnamed stream which is piped
through the project area, a small Category III riverine wetland, and frequently flooded areas.
See section IX.4 below for a discussion on how the proposal complies with the City of
Edmonds critical area regulations.
4. Wildlife: Wildlife in the area is typical of an urban environment. Perrinville Creek does not
support any Endangered Species Act listed aquatic species: the upper reaches of the stream
support resident cutthroat trout and the lower reach supports Coho salmon. An Endangered
Species Act determination of no effect for the Talbot Road — Perrinville Creek Drainage
Improvement Project is included as Exhibit 7.
5. Vegetation: Vegetation at the site is typical urban landscaping characterized primarily by
ornamental small trees, shrubs, and herbaceous species; native vegetation has been cleared
throughout the project area. An extensive bamboo hedge is also located to the east of the
wetland. The residence at 8307 Talbot Road also has an extensive area of manicured lawn to
the southwest of a walkway that lies adjacent to Perrinville Creek.
VII. NEIGHBORHOOD CHARACTERISTICS:
The subject site is located within a residential area of Edmonds. The surrounding property
upland of the BNSF railroad right-of-way is zoned Single-family Residential (RS -20). The
tidelands located waterward of the railroad right-of-way is also zoned Single-family (RSW-12),
but given that this area is tidelands, it is essentially undevelopable.
VIII. PUBLIC CONCERNS:
To date, no public comment letters have been received.
IX. APPLICABLE CODES:
1. ECDC 16.20 RS— Single -Family Residential
A. ECDC 16.20.010.A.4 lists as a permitted primary use local public facilities that are
planned, designated, and sited in the capital improvement plan.
B. The Talbot Road — Perrinville Creek Project was reviewed by the Hearing Examiner on
November 19, 2009 along with several other projects pursuant to Ordinance 3780 and
the 2008 City of Edmonds Comprehensive Plan (Exhibit 17). The Hearing Examiner
found the project to be consistent with the Comprehensive Plan with one
recommendation. The Hearing Examiner suggested the City Council may wish to
consider requiring revegetation of the regraded stream channel and other existing bare
and erosion prone riparian areas. As detailed in the Critical Areas Report and Mitigation
Plan, a riparian buffer enhancement plan has been incorporated into the project.
2. ECDC 23.10 Edmonds Shoreline Master Prouam
A. ECDC 23.10.060 Shoreline use elements goals and policies
i. Relevant Goals
a. ECDC 23.10.060.A.6 Ensure that proposed shoreline uses do not ininimize the
rights of others or infringe upon the rights of private ownership.
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b. ECDC 23.10.060.A. 7 Encourage restoration of shoreline areas that have been
degraded or diminished in ecological value and functions as a result of past
activities or catastrophic events.
c, Staff feels the proposal is consistent with these stated goals in that the project is
designed so that it will not infringe upon the rights of neighboring property
owners. The proposed riparian buffer enhancement area does not extend onto
adjacent properties and the species of plants were selected in order to protect
views. Additionally the project is being under taken in part to restore and
enhance ecological functions and values.
ii. Relevant Policies
a. ECDC 23.10.060.B.1 "Environmentally sensitive areas " and "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 20.15E ECDC.
(20.15B use to be the City's environmentally sensitive areas regulations which
are now contained in ECDC 23.40 through 23.90.)
b. ECDC 23.10.060, B.6 Uses in shoreline areas should not degrade water quality
nor disrupt any more than is essential the land covered by water and the land
area adjacent to the ordinary high water mark.
c. ECDC 23.10.060. B. 11 The rehabilitation of "natural systems" (e. g., the
improvement in water quality, removal of beach obstructions, etc.) should be
encouraged when opportune.
d. ECDC 23.10.060. B. 12. a Shoreline use and development should be provided for
through a process of review and analysis that five priority to:
i. The protection and enhancement of the shoreline natural system;
ii. The provision for shoreline dependent uses;
iii. The provision for shoreline -oriented uses; and
iv. The accommodation of necessary uses that are neither shoreline -dependent
nor shoreline -oriented
e. ECDC 23.10.060.B.12. b The priority system will recognize, but not be limited to,
the following criteria:
i. Protect and enhance natural systems.-
(A)(])
ystems:(A)(1) Fish spawning, nursing, feeding areas, (beach, marshland, aquatic
vegetation, submerged land) — critical area —for migrating fish;
(B)(4) Streams and ravines;
ii. Provide for shoreline -dependent uses, such as:
(E) Intakes and outfalls;
iii. Staff feels the Talbot Road — Perrinville Creek Drainage and Habitat Project is
consistent with the above stated policies. The project will enhance ecological
functions and values of Perrinville Creek and the associated wetland and best
management practices employed during construction activities should ensure that
water quality is not degraded. Additionally, outfalls are identified as a shoreline
dependent use.
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B. ECDC 23.10.085 Conservation element goals and policies
i. ECDC 23.10.085.A It is the goal of the city to protect and enhance unique and
fragile areas of flora and fauna and scenic vistas to help assure the continued
availability of these resources for future generations...
ii. ECDC 23.10.085.B Policies
2. Development in shoreline areas should be managed so that adverse impacts on
aquatic and land plants and animals are minimized.
3. Where practicable, steps should be taken to enhance the shoreline area as a
spawning ground for salmon and other species offish and aquatic marine life.
iii. Staff feels the Talbot Road — Perrinville Creek Drainage and Habitat Project is
consistent with the above stated goals and policies. The project will result in
improved habitat functions and values along Perrinville Creek and the associated
wetlands. Plant species for the buffer enhancement were chosen in part in order to
protect the scenic vistas associated with the location.
C. ECDC 23.10.130 General regulations — Environmentally sensitive areas and critical
areas
i. ECDC 23.10.130.B Development Limitations. All uses, developments, and activities
on sites containing environmentally sensitive areas and/or critical areas must
comply with all applicable local, state, and federal laws pertaining to development
in these areas. In addition, the site must be specifically designed so that the hazards
from or impact on the environmentally sensitive area and/or critical area will be
mitigated.
ii. The City of Edmonds is pursuing permits from the U.S. Army Corps of Engineers
and the Washington Department of Fish and Wildlife for the project. The critical
area report and mitigation plan (Exhibit 6) describes how the project provides
mitigation and enhancement of the associated critical areas.
iii. The Critical Area and Mitigation Plan for The Talbot Road — Perrinville Creek
Drainage and Habitat Project details how the project is consistent with the City of
Edmonds critical area regulations (Discussed in detail in Section IX.4 below).
iv. Staff feels the proposal is consistent with ECDC 23.10.130.
D. ECDC 23.10.175 Use regulations — Utilities, government facilities, and transportation
systems
i. ECDC 23.10.175.0 Limitations on locations.
1. Except for public pedestrian access mandated or permitted by this chapter and
utility lines, infrastructure, roadways and similar components necessary to serve
development within the shoreline area, utilities, government services and facilities,
and transportation systems may not be located within shoreline areas unless this
location is reasonably necessary for the efficient operation of the utility,
government facility or services or transportation system.
ii. ECDC 23.10.175.D Placement and Design
1. When permitted within shoreline areas, utilities, government services and
facilities and transportation systems must be placed and designed to minimize
negative aesthetic impacts upon shoreline areas.
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2. Except where this would not be feasible, all utility lines, pipes, conduits, meters,
vaults and similar infrastructures and appurtenances must be placed underground
consistent with the standards of the serving utility.
iii. Staff feels the proposal is consistent with ECDC 23.10.175. The utility in this
instance is a portion of the City's stormwater system. Outfalls are identified in
ECDC 23.10.060.13.12.b.ii as a shoreline dependent use. The stormwater pipe will be
located underground up to the point of the outfall and its location within shoreline
jurisdiction is reasonably necessary for the efficient operation of the stormwater
system.
E. ECDC 23.10.210 General regulations —Land surface modification
i. ECDC 23.10,210.B Land Surface Modification Landward of the Ordinary High
Water Mark. Land surface modifications landward of the ordinary high water mark
may be permitted only if no unique or significant natural area of flora or fauna will
be destroyed and only for the following purposes:
L The land surface modification is proposed by a public agency to improve public
safety, recreation or access, or is intended to improve a condition of the natural
environment.
ii. ECDC 23.10.210.D Additional Regulations. All land surface modifications
landward of the ordinary high water mark must comply with the following
requirements:
1. The land surface modification must be the minimum necessary to
accomplish the underlying reason for the land surface modification.
2. Care must be taken to not create any direct or indirect adverse impacts on
any adjoining property or the shoreline of statewide significance.
3. All surfaces exposed during land surface modification must be revegetated
or otherwise covered as quickly as possible to minimize erosion.
4. During land surface modification activities techniques should be employed
to prevent erosion and runoff onto adjacent properties or into the shoreline of
statewide significance.
5. Except as is necessary during construction, dirt, rocks, and similar
materials may not be stockpiled on the subject property. If stockpiling is
necessary during construction, it must be located as far as possible from the
shoreline and strictly contained to prevent erosion and runoff.
6. Materials that will be deposited on the subject property must be clean and
not contain organic or inorganic substances that could pollute or otherwise
be detrimental to water quality or aquatic or shoreline habitats.
7. The city may require that land surface modifications be engineered and/or
supervised by an engineer or similarly qualified professional.
8. The city may require that land surface modifications be restricted to limited
times of the year.
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iii. Staff feels the proposal is consistent with the above reference land surface
modification regulations. The site does not contain any significant flora or fauna
(Exhibit 7). The project is being conducted in part to relieve flooding problems in the
area. Best management practices will be employed during construction to prevent
erosion and runoff. The critical areas report details how the site will be revegetated
and the construction window is limited to Washington Department of Fish and
Wildlife work window of July 1 through September 30.
F. ECDC 23.10.215 Special regulations — Authority of the City of Edmonds
i. In addition to the authority described above, if a proposed use, development or
activity includes areas both inside and outside the jurisdiction of the Shoreline
Management Act, the city may impose conditions or restrictions on the use,
development or activity outside the jurisdiction of the Shoreline Management Act if
necessary to bring the areas of the development within the jurisdiction of the
Shoreline Management Act into compliance with the Act, Chapters 173-16 and 173-
27 WAC and Chapters 20.10 and 20.55 ECDC.
ii. Some of the proposed project is located outside Shoreline Jurisdiction. Since these
portions of the project are tied to other portions within Shoreline Jurisdiction, the
entire project is being reviewed for consistency with the Shoreline Management Act,
Edmonds Shoreline Master Program and is being permitted through the Shoreline
Substantial Development Permit process.
3. Critical Area Ordinance
A. ECDC 23.40 Environmentally Critical Area General Provisions
ECDC 23.40.160 Review criteria. Any alteration to a critical area, unless otherwise
provided for in this title, shall be reviewed and approved, approved with conditions,
or denied based on the proposal's ability to comply with all of the following criteria:
1. The proposal minimizes the impact on critical areas in accordance with ECDC
23.40.120, Mitigation sequencing;
2. The proposal does not pose an unreasonable threat to the public health, safety, or
welfare on or off the development proposal site;
3. The proposal is consistent with the general purposes of this title and the public
interest;
4. Any alterations permitted to the critical area are mitigated in accordance with
ECDC 23.40.110, Mitigation requirements;
5. The proposal protects the critical area functions and values consistent with the
best available science and results in no net loss of critical area functions and values;
and
6. The proposal is consistent with other applicable regulations and standards.
ii. The Critical Area and Mitigation Plan prepared by Herrera Environmental
Consultants for the Talbot Road — Perrinville Creek Drainage Project details how the
project is consistent with the review criteria identified in ECDC 23.40.160.
iii. Staff feels the proposal is consistent with the City of Edmonds critical area
regulations as noted below for the specific critical areas associated with the project
site.
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B. ECDC 23.50 Wetlands
i. The City of Edmonds critical area maps identify a potential wetland at the project
site. This was confirmed by Herrera Environmental Consultants who delineated a
164 square foot Category III wetland at the project site (Exhibit 6).
ii. Due to the location of the wetland within the Perrinville Creek stream channel in the
reach that will be realigned under the proposed project, in addition to constraints
associated with engineered channel morphology to achieve fish access requirements,
it is not possible to avoid impacts to the wetland or its buffers.
iii. Project activities will result in a permanent impact of 164 square feet of Category III
wetland. Pursuant to ECDC 23.50.050.17, the replacement ratio for a Category III
wetland is 2:1, which results in a required mitigation area of at least 328 square feet.
iv. Approximately 400 square feet of riparian floodplain terrace wetland will be restored
adjacent to the stream channel of Perrinville Creek. The wetland is designed to
receive periodic inundation during the early spring and exhibit a high water table
throughout the remainder of the growing season.
v. The wetland restoration together with the riparian buffer enhancement discussed in
Section IXA.0 below provide mitigation that is consistent with the City of Edmonds
critical area regulations.
C. ECDC 23.70 Frequently Flooded Areas
i. FEMA's Flood Insurance Rate Map 5306IC1305 E identified the project area to be
located with Flood Zone AE (Exhibit 18).
ii. The critical areas and mitigation report for the project further identified the
frequently flooded area by determining the Extreme High Water (EHW) and Mean
Higher High Water (MWWH) elevations.
iii. ECDC 23.70.020.0.2 Watercourse Alteration. Alteration of natural watercourses
shall be avoided, if feasible. If unavoidable, a critical areas report shall include:
a. Extent of Watercourse Alteration. A description of and plan showing the extent to
which a watercourse will be altered or relocated as a result of a proposal;
b. Maintenance Program Required for Watercourse Alterations. A maintenance
program that provides maintenance practices for the altered or relocated portion of
the watercourse to ensure that the flood -carrying capacity is not diminished.
iv. The proposal includes a re -alignment of Perrinville Creek to improve fish access and
habitat improvements which is depicted on the development plans (Exhibit 4 — 5)
and within the critical areas and mitigation report for the project.
v. The flood capacity will be maintained through proper maintenance of bi-directional
flow capacity through the culvert conveying Perrinville Creek under BNSF railroad
prism. This will include period inspections of the culvert, especially prior to and
following flood events, to ensure that flood -carry capacity is maintained. The extent
of watercourse alteration will not affect the flood -carrying capacity associated with
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this frequently flooded area, as the proposed grading and design actually result in
improved drainage and greater flood storage volume than existing conditions.
D. ECDC 23.90 Fish and Wildlife Habitat Conservation Areas
i. As previously discussed, the subject site contains work within Perrinville Creek
and/or its associated buffers.
ii. ECDC 23.90.030.A allows alterations to fish and wildlife habitat conservation areas
only if the proposed alteration of the habitat or the mitigation proposed does not
degrade the quantitative and qualitative functions and values of the habitat.
iii. Pursuant to ECDC 23.90.030.C, mitigation of alterations to fish and wildlife habitat
conservation areas shall achieve equivalent or greater biologic and hydrologic
functions and shall include mitigation for adverse impacts upstream or downstream
of the development proposal site.
iv. Two of the stated goals and objectives of the project identified in the critical area
and mitigation plan are (Exhibit 6);
• Improving habitat conditions for native fish and wildlife species, particularly
anadromous fish in the Perrinville Creek riparian corridor and its buffer, by
restoring and enhancing native vegetation community characteristics.
• Improving in -stream habitat conditions, including fish access and channel
complexity in the lower reach of Perrinville Creek target by the project.
v. Pursuant to ECDC 23.90.040.A.1, no development shall be allowed within a fish and
wildlife habitat conservation area or buffer with which state or federally endangered,
threatened, or sensitive species have a primary association.
vi. According to the Endangered Species Act determination of no effect prepared for the
project (Exhibit 7), Perrinville Creek does not support any Endangered Species Act
listed aquatic species.
vii. ECDC 23.90.040. B.1 All activities, uses, and alterations proposed to be located in
water bodies used by anadromous fish or in areas that affect such water bodies shall
give special consideration to the preservation and enhancement of anadromous fish
habitat, including, but not limited to, adhering to the following standards:
a. Activities shall be timed to occur only during the allowable work window as
designated by the Washington Department of Fish and Wildlife for the
applicable species;
b. An alternative alignment or location for the activity is notfeasible;
c. The activity is designed so that it will not degrade the functions or values of the
fish habitat or other critical areas;
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Shoreline erosion control measures shall be designed to use bioengineering
methods or soft armoring techniques, according to an approved critical areas
report; and
e. Any impacts to the functions or values of the fish and wildlife habitat
conservation area are mitigated in accordance with an approved critical areas
report.
viii. Work on the project will occur during the approved Washington Department of Fish
and Wildlife work window of July 1 through September 30, when fish are least likely
to be present (Exhibits 3 and 6).
ix. The critical areas and mitigation plan details how the functions and values of the fish
habitat and wetland area will be improved as a result of the project.
x. While the project does include the installation of gabion baskets immediately
upstream of the high-flow bypass structure to stabilize the eroding bank,
bioengineering methods and soft armoring techniques are also incorporated into the
project, some of which include (Exhibit 3 — 6);
• Installation of vegetated coir matting and increasing roughness via bank
stabilization structures.
• Installation of channel spanning logs as grade control structures to facilitate step -
pool sequence with plunge pools and riffles.
• Installation of root wads and rock builders
xi. While the standard buffer for Perrinville Creek, an anadromous fish bearing stream,
is 100 feet pursuant to ECDC 23.90.040.D.1; it has been documented the that the
existing stream channel of Perrinville Creek within the project area lacks quality
habitat. Riparian conditions consist of landscaped vegetation and hardscapes (i.e.
paved walkways, decks), and the stream channel lacks complexity and habitat
features.
xii. In order to improve riparian function along this portion of the stream, a riparian
buffer enhancement plan will be incorporated into the stream and wetland restoration
design. A 25 -foot zone adjacent to the stream will have native vegetation
incorporated in with the existing landscaping as feasible. Areas directly adjacent to
the stream and wetland areas will be planted with only native vegetation. Given that
some portion of the wetland and stream buffer extends onto neighboring properties
and onto the BNSF railroad prism, the 25 -foot riparian buffer -planting zone is not
possible throughout the entire project area.
X. SHORELINE MANAGEMENT ACT — RCW 90.58
1. RCW 90.58.020 provides the following policy of the Shoreline Management Act: "It is the
policy of the state to provide for the management of the shorelines of the state by planning
for and fostering all reasonable and appropriate uses. This policy is designed to insure the
development of these shorelines in a manner which, while allowing for limited reduction of
rights of the public in the navigable waters, will promote and enhance the public interest.
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This policy contemplates protecting against adverse effects to the public health, the land and
its vegetation and wildlife, and the waters of the state and their aquatic life, while protecting
generally public rights of navigation and corollary rights incidental thereto."
2. The proposed project is a reasonable and appropriate use within shoreline jurisdiction. The
project enhances public interest and protects against adverse effect to public health in that it
is intended in part to help alleviate flooding issues associated with the site. Finally, the
project includes a habitat enhancement portion that will benefit wildlife.
XI. WASHINGTON ADMINISTRATIVE CODE (WAC) 173-27
1. WAC 173-27-140(1) states, "No authorization to undertake use or development on shorelines
of the state shall be granted by the local government unless upon review the use or
development is determined to be consistent with the policy and provisions of the Shoreline
Management Act and the master program." Section IX.3 of this report includes a detailed
review of the proposal's compliance with the City of Edmonds Shoreline Master Program.
2. WAC 173-27-140(2) states, "No permit shall be issued for any new or expanded building or
structure of more than thirty-five feet above average grade level on shorelines of the state
that will obstruct the view of a substantial number of residences on areas adjoining such
shorelines except where a master program does not prohibit the same and then only when
overriding considerations of the public interest will be sewed." This project does not contain
any structures more than thirty-five feet above grade.
3. The criteria for review of a Shoreline Substantial Development Permit are established in
Washington Administrative Code (WAC) 173-27-150. Pursuant to this code section (and
ECDC 20.55.030) a Shoreline Substantial Development Permit shall be granted only when
the development proposed is consistent with each of the following:
i. The policies and procedures of the State Shoreline Management Act;
ii. The State shoreline regulations provided within WAC 173-27; and
iii. The City's Shoreline Master Program.
4. This staff report and exhibits document how the proposal is consistent with the Shoreline
Management Act, WAC 173-27, and the City's Shoreline Master Program.
5. WAC 173-27-190 requires each permit for a substantial development, conditional use or
variance, issued by local government to contain a provision that construction pursuant to the
permit shall not begin and is not authorized until twenty-one days from the date of filing as
defined in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated
within twenty-one days from the date of such filing have been terminated; except as provided
in RCW 90.58.140 (5)(a) and (b). ECDC 20.55.060 states, "No construction authorized by
an approved shoreline permit may begin until 30 days after the final city decision on the
proposal." This has been added as a recommended condition of approval, which would
exceed the time limit for the above requirement of WAC 173-27-190.
XII. CONCLUSION AND RECOMMENDATION:
Based on the analysis within and exhibits included with this report, staff feels the proposal is
consistent with the policies and procedures of the Shoreline Management Act, state shoreline
regulations in WAC 173-27, and the City of Edmonds Shoreline Master Program and
recommends APPROVAL of the Shoreline Substantial Development Permit for the Talbot Road
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Talbot Road/Perrinville Creek Drainage and Habitat Project
Shoreline Substantial Development Permit
File No. PLN20100034
— Perrinville Creek Drainage and Habitat Improvement Project, subject to the following
conditions:
1. Pursuant to ECDC 20.55.060, "No construction authorized by an approved shoreline permit
may begin until 30 days after the final city decision on the proposal."
2. The mitigation measures indentified in the Critical Areas Report and Mitigation Plan for the
Talbot Road — Perrinville Creek Drainage Improvement prepared by Herrera Environmental
consultants dated April 2010 must be implemented.
3. The applicant is responsible for obtaining and following conditions of any applicable
permits/approvals from outside local, state, and/or federal agencies.
XIII. PARTIES OF RECORD:
Jerry Shuster City of Edmonds
Stormwater Engineering Program Manager Planning Division
City of Edmonds
1215"' Ave N
Edmonds, WA 98020
XIV. EXHIBITS:
1. Staff Report
2. Land Use Application
3. Joint Aquatic Resources Permit Application (DARPA)
4. Phase 1 Design Plans
5. Phase 2 Design Plans
6. Herrera Environmental Consultants Critical Areas Report and Mitigation Plan
7. ESA No Effect Letter
8. Terracon Consulting Engineers & Scientist Geotechnical Report
9. Zoning and Vicinity Map
10. Shoreline Environmental Designations
11. SEPA Checklist
12. SEPA Mitigated Determination of Nonsignificance
13. Declaration of Mailing
14. Declaration of Posting
15. Affidavits of Publication
16. City of Edmonds Department/Division Review Sheets
17. Hearing Examiner Public Project Advisory Report to City Council
18. FEMA FIRM Map 53061C1305 E
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