Ordinance 33290006.90000
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9/20/00
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ORDINANCE NO. 3329
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF THE
EDMONDS COMMUNITY DEVELOPMENT CODE SECTION
20.15B.110 DEVELOPMENT STANDARDS —
GEOLOGICALLY HAZARDOUS AREAS, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, there exists within the City of Edmonds certain geographically
hazardous areas, and
WHEREAS, certain of these areas have a history of earth subsidence and
landslide hazard and have accordingly been regulated pursuant to Chapter 19.05 as an
amendment to the State Building Code, and
WHEREAS, certain other geographically hazardous areas are designated as such
because of the degree of slope contained within the site; and
WHEREAS, certain soil types within the City of Edmonds have been well
documented in the United States Geological Survey and other similar scientific processes and are
comprised of materials _ till, advanced outwash and/or Olympic gravel — which are inherently
stable to which a lesser degree of scrutiny may attach, and
WHEREAS, the City Council wishes to provide for reduced buffers in such stable
areas in order to better and more efficiently utilize the net developable area within the City in
order to meet growth management population density guidelines and also in order to maximize
commercial development of space within the City, NOW, THEREFORE,
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THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 20.15B.110 Development standards —Geologically hazardous
areas of the Edmonds Community Development Code shall be amended to read as follows:
20.15B.110 Development standards — Geologically
hazardous areas.
A. Buffers. Buffers for geologically hazardous areas shall be
50 feet in width, they shall be maintained with their native
vegetation, and where appropriate, be placed within a critical areas
tract. This 50 -foot buffer requirement may be reduced to 10 feet by
the director or his /her designee upon review of critical areas study
prepared pursuant to ECDC 20.15B.140(A) by a licensed
geotechnical engineer or geologist which clearly demonstrates that
the proposed buffer alteration will have no adverse impact upon
the site, the public or any private party. "Adverse impact" shall
include but not be limited to a decrease in site stability as defined
in Chapter 19.05 ECDC. Such report shall be certified in a form
suitable for filing with the Snohomish County recorder and
generally comply with the provisions of this chapter as well as the
geotechnical report requirements of Chapter 19.05 ECDC. Staff
approval or disapproval of proposed buffer reductions shall be
subject to appeal pursuant to the provisions of ECDC
20.105.010(A)(4).
B. Erosion Hazard Areas. Alterations within the identified
erosion hazard areas shall not be authorized without an approved
erosion control plan pursuant to Chapter 18.30 ECDC, which
includes staged clearing, where appropriate. Clearing or disruption
of the soils within an erosion hazard area shall be kept at the
minimum necessary to provide reasonable use of the site.
C. Landslide Hazard Areas. Landslide hazard areas located on
slopes less than 40 percent shall only be approved to be altered if
both of the following provisions are met:
1. Proposed development will not decrease slope stability on
any adjacent property; and
2. The landslide hazard to the project and adjacent property is
eliminated or mitigated such that the proposed development on the
site is certified as stable by a licensed professional geologist or
geotechnical engineer.
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Any landslide hazard area and its buffer which combined are
greater than the one acre in size shall be placed in critical areas
tract for any proposed master plan development, subdivision, short
subdivision, or planned residential development, pursuant to
ECDC 20.15B.160. Where alterations are authorized, City staff
shall determine whether the remaining portion(s) of the landslide
area shall be placed within critical areas tract.
Landslide areas located on slopes greater than 40 percent shall be
regulated pursuant to ECDC 20.15B.110(D).
D. Steep Slope Hazard Areas. No development or alteration
shall be allowed in steep slope hazard areas unless the property is
exempt under the provisions of this section or ECDC 20.15B.040,
a reasonable use exception has been granted, or a variance has
been granted pursuant to ECDC 20.15B. 170(A).
1. The development or alteration is one of the following
exempt activities:
a. Surface water conveyance designed to the best
available technical standard, such as the Stormwater Management
Manual, approved by the City. Installation shall utilize the best
available technology to minimize disturbance to the slope, soils
and vegetation.
b. Trails construction designed to the best available
technical standard approved by the City. Technical standards are
provided in the U.S. Forest Service "Trails Management
Handbook" (FSH 2309.18, 1987) and "Standard Specifications for
Construction of Trails" (EM- 7720 -102, 1984). In no case shall
trails be constructed of impervious materials which would
contribute to surface water runoff, unless such materials are
necessary to provide for soil stabilization or erosion control, and
trail design assures that surface water runoff will not increase or
contribute to erosion and sedimentation;
C. Utility construction by private or public proponents
may be allowed; provided, that City staff determined upon review
of a critical areas study that the proposed alteration shall not
subject the steep slope to the risk of landslide or erosion;
d. Trimming and limbing of vegetation on steep slopes
may be allowed if a clearing plan is provided for review and
approval by the City; and provided, that the soils within the steep
slope area are not disturbed to subject the area to the risk of
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erosion. Clearing shall be subject to the requirements of Chapter
18.45 ECDC.
2. The development or alteration may be exempted if it meets
the following criteria:
a. The proposed development will not decrease
stability on any adjacent property, and the site following the
permitted activity will be stable within the meaning of Chapter
19.05 ECDC, as demonstrated by engineering analysis meeting
requirements of the State Building Code as adopted by these
ordinances.
b. The development will occur on steep slope areas
that either:
i are mapped as one of the following deposits
on the "Geologic Map of the Edmonds East and part of the
Edmonds West Quadrangles ", by James P. Minard (Department of
the Interior, United States Geological Survey, 1983, Map MF-
1541); Till, Advance Outwash, and/or Olympia Gravel; or
ii are comprised of fill which was placed
under engineered conditions on stable geologic deposits listed in
Section 20.15B.110.D.5.b.i. provided that the fill meets the
following conditions; all fill was placed under a legal grading
permit, the grading and fill were designed by a licensed
professional engineer, native soils beneath the fill were prepared in
accordance with the engineering design, and compaction testing
confirms that uniform compaction to the specified percentage is
present throughout the entire fill.
C. All excavations on steep slopes shall not extend
below a 35 degree plane extended down from the property lines,
unless the excavation is retained by structural shoring. The
shoring must be designed by a registered professional engineer.
d. All retaining structures on steep slopes shall be
engineered structures conforming to the State Building Code as
adopted by these ordinances; rockeries are not permitted greater
than 4 feet in height.
e. Steep slope areas cannot be altered if one or more of
the following conditions are present on or adjacent to the portion
of the subject property classified as a steep slope; impermeable
soils interbedded with granular soils, springs or groundwater
seepage, significant visible evidence of groundwater seepage,
previous landsliding or instability, or existing landslide deposits.
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"On or adjacent to" includes those areas upslope and downslope of
the steep slope, within a horizontal distance from the toe or top of
the slope equal to two times the vertical height of the steep slope.
f. Steep slope areas (greater than 40 percent) cannot
be altered if the thickness of organics, debris, weathered soils,
collovial soils or soils exhibiting loose conditions (as measured by
the Standard Penetration Test (ASTM D1586) method of
sampling) on or adjacent to the portion of the subject property
classified as a steep slope exceeds 3 feet.
g. FOR COMMERCIAL DEVELOPMENT:
A buffer of 15 feet shall be retained in an undisturbed condition,
measured from property lines adjacent to residential properties. `
3. Notice of Application for Exemption Upon application for
exemption of all or any portion of a site under the provisions of
this Section, which is equal to or greater than 20,000 square feet in
area, posting and notice of such application and of staff decision
shall be given in accordance with the provisions of ECDC
20.95.050. Staff Decision — Notice Required. paragraph (B).
Notice shall be provided to all adjacent property owners for sites or
portions of sites sought for exemption which are less then 20.000
square feet in area under the same procedures.
E. Seismic Hazard Areas. Development proposals for sites
containing a potential seismic hazard area shall only be authorized
by staff to alter the seismic hazard area when the applicant
documents that:
1. A technical evaluation of the site's specific subsurface
conditions indicates that the site is not located within a seismic
hazard area; or
2. Mitigation is implemented which renders the site of the
proposed development as stable within the meaning of the state
building code and these ordinances.
F. Peer Review and independent analysis. All applications for
development proposals within geologically hazardous areas or
seismic hazard areas shall be accompanied by a written site
analysis by a geologist or geotechnical engineer licensed by the
State of Washington. Peer review, or at the discretion of the staff,
an independent review of the technical analysis of site conditions
shall be conducted at the applicant's expense pursuant to ECDC
20.15B. 140Q.
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Section 2. Section 20.95.050 Staff Decision — Notice Required A. Scope of the
Edmonds Community Development Code is hereby amended by the addition of new sub - section
11 relating to notice of exemption of geologically hazardous areas to read as follows:
20.95.050 Staff decision — notice required.
A. Scope.
11. Request for exemption of geologically hazardous areas.
Section 3. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROVED:
MAWOR, �Ay HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF E A Y:
BY
W. Scott Snyder
FILED WITH THE CITY CLERK: 10/06/2000
PASSED BY THE CITY COUNCIL: 10/10/2000
PUBLISHED: 10/15/2000
EFFECTIVE DATE: 10/20/2000
ORDINANCE NO. 332
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SUMMARY OF ORDINANCE NO. 3329
of the City of Edmonds, Washington
On the 10th day of October, 2000, the City Council of the City of Edmonds,
passed Ordinance No. 3329. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE SECTION
20.15B.110 DEVELOPMENT STANDARDS — GEOLOGICALLY HAZARDOUS AREAS,
AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 1 lth day of October, 2000.
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON, l
COUNTY OF SNOHOP'aISH, )}
of the iryl Hof Edmonds,
Washington
On the 10th day of October, 1
2000, the City Council of the City
of Edmonds, passed Ordinance
No. 3329. A summary of the I
content of said ordinance,
consisting of the title, provides as
follows:
AN ORDINANCE OF THE CITY
OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS
OF THE EDMONDS COMMUN-
ITY DEVELOPMENT CODE
SECTION 20.158.110 �DEVEL-
OPMENT STANDARDS -- UE �— -.I
L I ALL HA RDOU 4
AREA AND I IN A IME',
WHEN THE SAME SHALL!
BECOME EFFECTIVE.
The full text of this Ordinance
will be mailed upon request.
DATED this 11th day of
October, 2000.
CITY CLERK,
SANDRA S. CHASE
Published: October 15, 2000.
B_2 -1
ss.
Affidavit of Publication
The undersigned, being first duly sworn on oath deposes and says
that she is Principal Clerk of THE HERALD, a daily newspaper
printed and published in the City of Everett, County of Snohomish,
and State of Washington; that said newspaper is a newspaper of
general circulation in said County and State; that said newspaper
has been approved as a legal newspaper by order of the Superior
Court of Snohomish County and that the notice ......... ...............................
Summary of Ordinance #3329
City of Edmonds
.. ............................................................................. ............................... ....... ......... ......
a printed copy of which is hereunto attached, was published in said
newspaper proper and not in supplement form, in the regular and
entire edition of said paper on the following days and times, namely:
October 15, 2000
........... ....................................................................................... ................... ............
:..................................................... ...............................
qd hatsaid newspaper was regular y distruted to its subscribers
a all of said peried
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/ Principal Clerk
Subscribed and sworn to before me this ..............16th
of........ y,0.-tober .............. I)- /......A .................. 20.... .....
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otary i �pf Washington,
residin g at Ev ett i ouiv.
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RECEIVED
0 C T 1 8 2000
EDMONDS CITY CLERK