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STF20170013 critical area exemption.pdf. le. I S9. June 22, 2017 CITY OF EDMONDS 1215 th Avenue North, Edmonds WA 98020 Phone: 425.771.0220 * Fax: 425.771.0221 * Web: www.edmondswa. ov DEVELOPMENT SERVICES DEPARTMENT * PLANNING DIVISION Brian & Tracy Thompson 17016 74th Ave. W Edmonds, WA 98026 RE: Critical Area Exemption for Normal Maintenance of Vegetation (STF20170013) Dear Mr. and Mrs. Thompson, The City of Edmonds has reviewed your request for a critical area exemption for normal maintenance of vegetation in accordance with ECDC 23.40.230.C.2. The activity you describe includes the trimming of trees and shrubs/nonwoody vegetation less than 4 inches in diameter within a geologically hazardous area or buffer. Alterations in a critical area typically require some type of City review or approval. However, the critical areas ordinance provides an exemption for "normal maintenance of vegetation" in accordance with ECDC 23.40.230.C.2: Operation and maintenance also includes normal maintenance of vegetation performed in accordance with best management practices; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species. "Normal maintenance of vegetation" is defined in ECDC 23.40.010: "Normal maintenance of vegetation" means removal of shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height) that occurs at least every other year. Maintenance also may include tree topping that has been previously approved by the city in the past five years. The work proposed in your letter of July 20 falls within the normal maintenance exemption in ECDC 23.40.230.C.2; therefore, no additional critical area review is required. While this letter acknowledges an exemption from the requirements of the critical areas ordinance for the described work, it does not grant access to the Schmidt parcel. It is assumed that legal access is permitted through the private Height Restriction Covenant that encumbers your parcels or it is allowed through some other means. If you have any questions, please let me know at either michael.cNu story edmoiidswa, ov or 425-771-0220. Sincerely,, Mike Clugston, AICP Associate Planner Encl: June 20, 2017 Thompson exemption request letter Cc: Dieter Schmidt 17020 741h Ave. W Edmonds, WA 98026 Brian & Tracy Thompson 17016 74th Avenue W Edmonds, WA 98026 June 20, 2017 Ms. Shane Hope Development Services Director City of Edmonds 121 5th Ave N Edmonds, WA 98020 REQUEST FOR EXEMPTION TO PERFORM MAINTENANCE OF VEGETATION IN CRITICAL AREA Dear Ms. Hope: Thank you for your service to our community. We are requesting your approval to perform maintenance on established vegetation within an identified critical area. In accordance with Subsection A of 23.40.230 ECDC, we are voluntarily submitting this request for exemption that describes the activity (regular ongoing maintenance of vegetation) and states the exemption (Item 2 of Subsection C in 23.40.230 ECDC) that applies. Item 2 of Subsection C in 23.40.230 ECDC identifies that in Critical Areas, normal maintenance of vegetation is an Exempt Activity. LOCATION OF ACTIVITY Proposed activity occurs in limited areas of the westerly 140 feet of Parcel 3 in City of Edmonds Short Plat S-6-86 (SP) at 17020 74th Avenue West (Schmidt property). This area (approximately the west 2/3 of the parcel) is identified in the report produced with CRA20160007 to include urban landscaping. SCOPE OF ACTIVITY The proposed activity is to reduce the height of vegetation, including shrubs/nonwoody vegetation and trees less than 4 inches diameter at breast height (dbh) which extend above a height of 6 feet as measured from natural ground at the base of said trees or Exemption Request for Vegetation Maintenance Page 2 at 17020 74th Avenue West June 20, 2016 vegetation, including Leland Cyprus hedges developed in April 2016, to assure compliance with local Height Restriction Covenant. This proposed activity would be performed under the same authority exercised by Schmidt in topping of trees situated upon 17035 and 17037 76th Avenue West. However, unlike that work, our proposed activities expressly exclude any trees exceeding 4 inches dbh (caliper). The proposed activity is in addition to Schmidt's ongoing weekly yard maintenance, which generally involves lawn care and reduction of select vegetation, but with lesser frequency. The proposed activity is part of regular ongoing maintenance, such as apparent in 2015, prior to Schmidt's selective neglect. Work will be performed by hand labor and with hand-held equipment. All vegetation cut will be hauled away to avoid accumulation of dumped yard waste, except where removal is unwarranted to improve slope stability. STATE AND LOCAL PROVISIONS The proposed activity is consistent with other local and state laws and requirements: All maintenance of vegetation requested herein is consistent with the Height Restriction Covenant (HRC) as conveyed to SP Parcel 2 at 17016 74th Avenue West by state law, Chapter 64.04 RCW, as recorded under Snohomish County AFN 8705120211. The validity of this instrument is recognized by Schmidt and City of Edmonds as demonstrated with Permit 20160016, which involved tree trimming on other parcels. In subsection C of 18.45.030 ECDC, routine landscape maintenance is an exempt activity. In accordance with subsection B of 23.40.230 ECDC, all activities will use reasonable methods to avoid potential impacts to critical area, and not degrade a critical area or ignore risk from natural hazards. The activities will be performed consistent with provisions stated in Item 2 of subsection C to 23.40.230 ECDC, as such actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of a structure or utility, and do not directly impact an endangered or threatened species. As defined in 23.40.005 ECDC, "`Normal maintenance of vegetation' means removal of shrubs/nonwoody vegetation and trees (less than four -inch diameter at breast height) that occurs at least every other year." The proposed activity is less intense than "normal maintenance of vegetation" as only reduction is contemplated. The proposed activities would be performed consistent with the prescribed frequency. Exemption Request for Vegetation Maintenance Page 3 at 17020 74th Avenue West June 20, 2016 The report prepared with CRA20160007 identifies that certain proposals may be exempt from Critical Areas requirements. ECDC 23.40.005 defines geologically hazardous areas of Chapter 23.80 ECDC as "Critical Areas." Therefore, where maintenance of vegetation is an exempt activity under 23.40.230 ECDC, provisions of Chapter 23.80 ECDC, or other Critical Areas chapters, need not apply. CONCLUSION We are pleased to provide City of Edmonds with this information demonstrating the rationale and justification for approval of this exemption request in accordance with 23.40.230 ECDC, confirming that the subject activities involving regular and ongoing vegetation maintenance, excluding trees greater than 4 inches diameter at breast height, in Critical Areas at 17016 74th Avenue West, are permissible. Feel free to call Brian at 206.714.4905 or e-mail btsthompson@gmail.com with any questions or for clarification of any information presented in this letter. Sincerely, Brian C. Thompson an Tr y ompso