TREE MAINTENANCE LETTER STF2021-0026CITY OF EDMONDS
121 5tn Avenue North, Edmonds WA 98020
Phone: 425.771.0220 • Fax: 425.771.0221 • Web: www.ci.edmonds.wa.us
DEVELOPMENT SERVICES DEPARTMENT • PLANNING DIVISION
`ne. 1 STJ
December 1, 2021
Peter Mataya
16020 70th Ave. W.
Edmonds, WA 98026
Subject: TREE MAINTENANCE DOCUMENTATION @ 16020 70TH AVE. W. (STF2021-0026)
Mr. Mataya,
The city had received reports of tree cutting at the vicinity of 16020 70t" Ave. W. Following
reports of the tree cutting activity staff completed a site visit and notified the property owner
to stop all work. After further review of historical documents, it has been determined that the
site had undergone pervious tree cutting work. This letter is to document the proposed work as
described in the applicants cover letter (attachment 1) as ongoing maintenance and provide
further clarification.
Normal maintenance of vegetation is an allowed activity in a critical area if it is considered part
of ongoing maintenance. Pursuant to ECDC 23.40.230.C.2. routine landscaping and
maintenance of vegetation, such as pruning existing trees back to the point where they have
been previously cut or topped is considered maintenance. Normal maintenance of vegetation
must be 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.
Additionally, pursuant to ECDC 23.10.040.E. pruning should also comply with ANSI A300 (Part 1
— 2017), Tree, Shrub and Other Woody Plant Management — Standard Practices, to maintain
long term health. Pruning existing trees back to the point where they have been previously
topped is considered maintenance for these trees alone, provided pruning will be undertaken
only to the extent necessary for public safety or tree health. The proposed work should comply
with ANSI A300 standards in order to be considered normal maintenance of previously topped
trees.
Per Mr. Mataya's cover letter (attachment 1) the proposal is to perform maintenance on 12
trees that have been previously topped. Documentation had been provided to the city back in
2008 (attachment 2) which identifies trees that have been previously topped at the subject
vicinity. The cutting of previously topped trees is considered normal maintenance pursuant to
ECDC 23.40.230.C.2 and ECDC 23.10.040.E. as stated above.
The subject property contains slopes greater than 25% according to the City's LiDAR
information, which is considered a critical area pursuant to Edmonds Community Development
Code (ECDC) Chapters 23.40, and 23.80. Any new tree cutting, pruning, limbing, clearing or
topping is considered an alteration of a critical area as defined in ECDC 23.40.005. No "new"
tree cutting has been permitted at this time as that would be considered an alteration of critical
area. Please note that new tree topping is considered tree removal pursuant to ECDC
23.10.020.V and thus no new tree topping would be permitted at this time. Please follow up
with staff regarding any new tree cutting activity to determine what type of documentation
and/or permits are required. The re -topping of previously topped trees is not considered "new"
tree cutting and thus may be maintained as normal maintenance.
Regarding the site plan drawing (attachment 3), the subject 12 trees have been located and
shown. Please note that the city does not give permission to access the property of others, so
although normal maintenance may be a permitted activity it is the property owner/applicant's
responsibility to obtain permission to access property of others.
This letter addresses normal maintenance of the previously topped trees with the following
conditions:
1. Only the identified previously topped 12 trees as shown on the site plan (attachment 3)
and identified in the arborist report (attachment 2) may be cut, subject to property
access permissions.
2. If at any time the subject trees are deemed hazardous and require removal, please
contact the city regarding any further required documentation.
3. The proposed work should comply with ANSI A300 (Part 1-2017) standards.
4. Property owner/contractor/applicant is responsible for obtaining permission to access
property of others prior to any tree cutting activity.
5. Please follow up with staff regarding any "new" tree cutting activity to determine what
type of documentation and/or permits may be required.
6. Vehicles and equipment shall be located on private property. Should it be necessary to
utilize any portion of the City right-of-way, including the street or sidewalk, to perform
any of this work then the contractor shall apply for and obtain a right-of-way
construction permit in advance of starting work. A traffic control plan will be required
as part of the right-of-way permit application.
Sincerely,
Michele Q. Szafran
Planner
CC: Dan Mataya
Attachments:
1: Applicant Cover Letter
2: 2008 Documentation
3: Site Plan
4: Geotech Letter
Routine Tree Maintenance Scope of Work
Dan Mataya
16020 70th Ave W, Edmonds, WA 98026
dmmataya65Qgmail.com
aetemataya(a)gmail.com
425.745.3643
8/5/21
Michele Szafran - City of Edmonds Planner
Our intent is to do maintenance on 12 trees located per the attached survey. The trees were last
inspected in 2008 by an arborist & our records show that the maintenance has been occurring
since 1985. The trimming seems reasonable and prudent because the alternative would be to
allow a hazard to develop & intensify. The trees located on adjacent properties are to be
approved for maintenance by the property owners.
ATTACHMENT 1
MCHARD D. WURDEMAN
ATTORNEY AT LAW
A PROFESSIONAL SERVICE CORPORATION
320 DAYTON, SUITE 1 01
EDMONDS, WASHINGTON 98020
TEL. (425) 771- 8230 FAx (425) 670 -131 1
E-MAIL: RW@EDMONDSLAW.COM
Jennifer Machuga
City of Edmonds
121 — 51h Avenue North
Edmonds, WA 98020
Re: Dan Mataya
Dear Jen:
June 13, 2008
RECEIVIEp
JUN 13 2008
As promised, I am enclosing copies of the reports we received from Bruce MacCoy and
Roger Barnett, the two arborists with whom we consulted on this matter. I am also enclosing
verification of their current ISA certifications. As you will note, both Mr. MacCoy and Mr.
Barnett believe that the work in question was routine maintenance.
Given the content of the reports from Mr. MacCoy and Mr. Barnett, I am asking the City
to reconsider its position on this matter. Although the tree portion of the ordinance is vague and
ambiguous in many ways, it clearly exempts routine maintenance — exactly what the Mataya
work has been classified as by two arborists. As a result, I do not believe a permit was required.
If you have any questions regarding this letter, either report or our position on this matter,
please let me know. As always, I am more than willing to meet with you or answer any
questions you may have. If you would like, I am also willing to provide a detailed explanation
for my conclusion.
Si cerely,
ick Wurdeman
RDW:tf
Enclosures
cc: Dan Mataya
ATTACHMENT 2
FROM :BRUCE MACCOY CNSLTNG ARBORIST FAX NO. :425 450 0033 Jun. 12 2008 09:40PM P1
Bruce Mac Coy
Consulting Arborist
1611 105th Avenue, S.E
Bellevue Washingnn 98004
.425 — 450 — 1584 or goo 348 — 6238
Fax ; 425 — 450 - 0033
Wednesday, 11 dune, 2008'
Mr. Richard Wurdeman
Attorney at Law
suite* 101
$20 payton Avenue
Edmonds, Washington, 98020
Dear Mr. Wurdeman ,
On Thursday, 29 May, 2008, 1 vleited with you and Mr. Dan Malaya at his home at 16020
70th Avenue, West, Edmonds, Washington, 9802t3. We met there to look at some trees on his
property. 1`ve attached a diagram .and a few photos of the trees in question, 1 understand that
Mr. Mataya recently pruned his trees and that the city has contacted him with their concerns.
During my time on the property, i inspected the trees to verify their current viability and to try
to understand what they might have looked like in the past. What i saw, with one exception ,
was trees that had obviously been topped in the past - perhaps several times and are currently
viable, The previous topping ( s ) occurred years ago, perhaps 5 or more years. The thinking
populer at that time was that topping was an acceptable practice concurrent with good healthy
trees. Best management practices ( ANSI 300 standards) now discourage topping in most
cases. It should be noted that " topping " and re - tapping " are different. I would like to suggest
- and my observations and oondusions validate this thought - that the activity that Mr. Malay
engaged in was re - topping. Re - topping can be referred to es trimming or routine maintenance
in my opinion.
The trimming seems reasonable and prudent because the alternative would be to allow a
hazard to develop and intensify. The hazard is created from the original topping , followed by
predictable side ( and upward ) growth attached at a spot ( the topping cut ) where decay , rot,
and cavities regularly develop after Several years. The steadily growing tops attached at a
decay (acatiob croate the hazard I refer to. The large top is prone to catastrophic separation at
unpredictable times, A pedestrian below can be injured, or worse. it Is prudent - and I
recommend this regularly - that a previously topped tree be re - topped in a fashion dono by Mr-
Mataya.: it is consistent with the best health of a damaged tree, the high liability of the owner,
and the best interests of decreasing a k1lown hazard. Regular maintenance is required in these
instances. Thetis what Mr. Mataya did.
Email tyQ..n.$,Vlt1ngArborist MS _ ,+ QM.
Web Site . WWW.Consulti0-qAr-4Q-rk �$A- t�M
FROM :BRUCE MPCCOY CNSLTNO nRBORIST FAX NO. :425 450 0033 Jun. 12 2008 09:40PM P2
12l3
Mr. Richard Wurdarnan ,Wednesday, 1 June, 200.
Finally , I have reviewed the City's !rand Clearing and Tree Cutting Code. In my opinion, the
work in question was not " cutting " as the term is used in the code, but rather " trimming " or "
routine mairdenanae " and was comPletlY consistent with the normal care of Wooded properly,
pleasn call if I may be cf any further assistance.
Sincerely,
Bruce Mac Coy C7
FROM :BRUCE MACCOY CNSLTNG RRBORTST FAX NO. :425 450 0033 Jun. 12 2008 09:41PM P3
Mr. Richard Wurdemaii , Wednesday, 11 June~, 2008
:kpproxirnate
focatlon of 12
trimmed trees - fir
and cedar mix
Email : ConsultingArborist@MSN,COM
WWW.ConsultingArborist-USA.COM
313
`!� ur, + /
x
Roger Barnett
[SA Certified Arborist
Dan Mataya and Rick Wurdeman Date 6/02/08
Address 16020 7011 Ave. W.
City/State/Zip Edmonds Phone 425-745-3643
Per your request to evaluate several recently topped Douglas firs on the sensitive slope on
and adjoining your property. At issue is whether this work could be reasonably considered
maintenance pruning. The Edmonds code appears to be seemingly vague in defining this
work.
Similar work was previously done circa 1983, and possibly once since as well, At these times,
these trees had their heights reduced considerably. However, it appears that all of the trees
survived, and did regrow vigorously. The repeat work done this year was done at
approximately the same heights. With a couple of the trees, the remaining foliage may be less
than was the case after the previous reduction. This could affect those trees' abilities to
recover. The three reduced trees closest to the homes below do appear to have quite a bit of
canopy left, so these trees should regrow. Without climbing the trees and core drilling below
the old cuts, the amount of core rot present can't be determined for certain. However, my 35
years of experience indicates that Douglas fir usually contain this decay within a small area.
This work, less than ideal that it was, has brought down the height of the trees considerably. It
has also reduced the lever arm action, and thus the chances of windthrow have been greatly
reduced. Previously topped trees regrow dense upper canopies, and often fail, due to having a
disproportionate ratio of mass in the upper half of the canopy. Three prominent researchers,
Klaus Mattheck, Erik Brudi, and Ed Gilman have conducted research projects, which have
concluded that the best form of wind throw risk reduction pruning is crown reduction. Thus,
the work that was done could be considered reasonable maintenance.
Finally, most often, Douglas fir do survive and even thrive after reduction pruning such as has
been done at this site. While no guarantees can be made that these trees will be fine, the site
should be monitored for signs of stress or diebaGk.
Please let me know if I may be of further assistance.
Sincerely,
Ro er aanett
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EML
Group Northwest, Inc.
July 7, 2021
Mr. Dan Mataya
16020 - 701h Avenue W.
Edmonds, WA 98026
Email: dmmataya65@gmail.com
Subject: Geotechnical Evaluation
Proposed Tree Maintenance
Single Family Residence Property
16020 — 701h Avenue West
Edmonds, WA 98026
Dear Mr. Mataya:
Gcalechnical Engineers, Geologists
& Environmental specialists
G-5470
At your request, William Chang from GEO Group Northwest, Inc. met with Mr. Peter Mataya at
the subject property on May 25, 2021 to conduct a geotechnical evaluation of the subject
property, specifically regarding to the geotechnical impact of pruning trees on a slope at the west
side of the property.
Findings
Property — The property consists of a 0.92 acre lot that is trapezoidal in shape, approximately 243
feet to 204 feet in length and 182 feet to 180 feet in width. The lot slopes down from elevation
372 feet to elevation 292 feet in 64 feet, with an average inclination of 80% or 39 degrees.
Geology - The property is mapped as Vashon Advance Outwash sand (Qva), consisting of sands
that were washed ahead of the last glacial advance 15,000 years ago. Subsequently the Advance
Outwash sands were compressed by the glacier that was up to 3,000 feet thick in the area. The
geologic map does not show any landslide areas or landslide debris deposits.
City of Edmonds Environmentally Critical Areas (ECA) — The ECA map for the City indicates
that the west and south sides of the property have Landslide Hazard Area, and Severe Erosion
Hazard designations.
13705 Bel -Red Road • Bellevue, Washington 98005
Phone 4251649-8757 • Fax 425/649-8758
ATTACHMENT 4
July 7, 2021
G-5470
Mr. Dan Mataya Page 2
Proposed Tree Maintenance — We understand you want to prune some trees at the west side of
the house. This includes 8 trees on your property and 4 trees on the adjacent property to the west.
The pruning includes topping some trees and removing some branches from others to improve
the view.
Conclusions
1) The house on the lot was built in 1964 and is founded on dense Advance Outwash sands.
The soils are very stable in their undisturbed state. The house is in good condition with
no signs of differential settlement.
2) There are no records of landslides at this site, and the house will not be impacted from the
proposed tree maintenance.
3) The slopes at the west side of the property are steep where the tree maintenance is
proposed. However, no trees will be cut, they will be topped or limbed to improve the
view.
4) Based on our experience with the local geology, we are of the opinion that the proposed
tree maintenance will not adversely affect the stability of the slope or increase the erosion
potential of the slope.
Please feel welcome to contact us if you have any questions.
Sincerely,
GEO GROUP NORTHWEST, INC.
Cyq�
William Chang, P.E. WA
Principal y _
.,
9�� 9 20t 14 (u
GIs
GEO Group Northwest, Inc.