HomeMy WebLinkAboutPermit PL18-0098 - SING AND SALY RESIDENCE - TREE REMOVAL / TREE PERMITSING AND SALY TREE REMOVAL
0042000366
PARENT FILE
P L 18-0098
THIS FILE
L18-0113
TREE PERMIT/NON-SHORELINE
City of Tukwila
Allan Ekberg, Mayor
Department of Community Development - Jack Pace, Director
December 13, 2018
NOTICE OF DECISION
TO: Sing Mai
4424 S Camano Pl.
Seattle, WA 98118
This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170 on the following project
and permit approval.
1. PROJECT INFORMATION
Project File Number: PL 18-0098
Applicant: Sing Mai
Type of Permit: Tree Permit
Project Description: Request to approve remove one Apple Tree from property with a diameter at breast
height (dbh) between 12 and 18 inches.
Location: 4607 S 150th St., Tukwila, WA 98188
Associated Files: L18-0113
Comprehensive Plan Low Density Residential
Designation/Zoning
District:
II. DECISION
SEPA Determination: The City SEPA Responsible Official has previously determined that this application
does not require a SEPA threshold determination because it is categorically exempt.
Decision on Substantive Permit: The City Planning Supervisor has determined that the application for a Tree
Permit does comply with applicable City and State Code requirements and has approved the application with
the following condition:
Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov
Page 2 of 3
• This tree removal partially fulfills the allowed tree removal for this property. No more
than one additional tree with a dbh no greater than 18 inches may be removed from the
property through December 2021.
III. FINDINGS
This tree clearing permit application is a post facto request to remove one Apple Tree on the property in
response to CE 18-0154..
Tukwila's Tree Regulations (TMC 18.54) regulates the clearing of trees. Removal of two trees with a
dbh between 12 and 18 inches do not require replacement. No more than 1 tree with a dbh 18 inches or
less, and no trees with a dbh greater than 18 inches, may be removed on the property for the next 36
months (through December 2021).
IV. YOUR APPEAL RIGHTS
The Decision on this Permit Application is a Type 1 decision pursuant to Tukwila Municipal Code
§ 18.104.010. Other land use applications related to this project may still be pending.
One administrative appeal to the City Hearing Examiner of the Decision on the Permit itself is permitted.
A party who is not satisfied with the outcome of the Hearing Examiner appeal process may file an appeal in
King County Superior Court from the Hearing Examiner's decision.
V. PROCEDURES AND TIME FOR APPEALING
In order to appeal the Planning Supervisor's decision on the Permit Application, a written notice of
appeal must be filed with the Department of Community Development within 14 days of the issuance of
this Decision.
The requirements for such appeals are set forth in Tukwila Municipal Code Ch. 18.116. All appeal
materials shall be submitted to the Department of Community Development. Appeal materials MUST
include:
1. The name of the appealing party.
2. The address and phone number of the appealing party; and if the appealing party is a corporation,
association or other group, the address and phone number of a contact person authorized to receive
notices on the appealing party's behalf.
3. A statement identifying the decision being appealed and the alleged errors in the decision, including
any specific challenge to an MDNS.
4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in
the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief
sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal.
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
Page 3 of 3
110
5. Appeal fee per the current fee schedule, additional hourly charges may apply. In addition, all hearing
examiner costs will be passed through to the appellant.
VI. APPEAL HEARINGS PROCESS
Any administrative appeal regarding the Permit shall be conducted as a closed record hearing before the
Hearing Examiner based on the information presented to the Planning Supervisor who made the original
decision. No new evidence or testimony will be permitted during the appeal hearing. Parties will be
allowed to present oral argument based on the information presented to the Planning Supervisor before
their decision was issued. The Hearing Examiner's decision on the appeal is the City's final decision.
Any party wishing to challenge the Hearing Examiner's decision on this application must file an appeal
pursuant to the procedures and time limitations set forth in RCW Ch. 36.70C. If no appeal of the
Hearing Examiner's decision is properly filed in Superior Court within such time limit, the Decision on
this permit will be final.
VII. INSPECTION OF INFORMATION ON THE APPLICATION
Project materials including the application, any staff reports, and other studies related to the permits are
available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd.,
Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 5:00 p.m. The
project planner is Meredith Sampson, who may be contacted at 206-431-3661 for further information.
Property owners affected by this decision may request a change in valuation for their property tax purposes.
Contact the King County Assessor's Office for further information regarding property tax valuation changes.
rh4;-i-ijo
Minnie Dhaliwal
Department of Community Development
City of Tukwila
Phone: 206-433-1800 • Email: Mayor@TukwilaWA.gov • Website: TukwilaWA.gov
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431-3670
TREE APPLICATION
A.
B.
C.
D.
E.
F.
Tree Removal
Work in Critical Root Zone
Heritage Tree Removal
Emergency Tree Removal/
Utility Work
Sensitive Area Tree Removal
Hi h/Extreme Risk Tree
APPLICATION
FOR STAFF USE ONL Y
Planner:
File Number:
/8--0//
Application Complete Date:
Project File Number:
PA / A.- --009e
Application Incomplete Date:
Other File Numbers:
NAME OF PROJECT/DEVELOPMENT: '' ( J tIVICA. 2C{ f (j pro (eCi-
TYPE OF TREE PERMIT (CHECK APPROPRIATE BOX): J
\ ,
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A.
Tree Removal for trees larger than 8-inches in diameter and on sites zoned single family and developed
with a single-family dwelling;
B.
Work in the Critical Root Zone;
C.
Heritage Tree Removal or pruning of Heritage Tree over 20% of existing crown
D.
Emergency Tree Removal/Utility Work
E.
Tree Removal in sensitive area outside of the shoreline jurisdiction.
F.
Extreme or high risk tree removal.
BRIEF DESCRIPTION OF PROJECT: KeWIOOYe, I t (- et f rov►A ()rope,
LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and
subdivision, access street, and nearest intersection.
407 5 iScTft 5T TcA4cwila, WA g8(8Z
LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement).
DEVELOPMENT COORDINATOR : The individual who:
• has decision making authority on behalf of the owner/applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards,
and
• is the primary contact�with the City to whom all notices and reports will be sent. Mai
Name: ' to a1 i ' l
TT
Address: ">>�� T � Li- � Gavvlavla P I lea l�, Ini f � i �g
Phone: (Zo(°) SC) �4557 E-mail: SA04VIA145( 2-01003161tA►I,GOV1/1
Signature: 5 (M e - \Pa-- Date: j y2- O 7 - 1
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CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431-3670
AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS
PERMISSION TO ENTER PROPERTY
STATE OF WASHINGTON
COUNTY OF KING
The undersigned being duly swom and upon oath states as follows:
1. I am the current owner of the property which is the subject of this application.
2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my
knowledge.
3. The application is being submitted with my knowledge and consent.
4. Owner grants the City its em to ees,, ents en�neers, contractors or othe e r s tatives the right to enter upon Owner's real
property, located at 4(901 ' I S0 �j l T(&t' W t (Ole wa � ` for the purpose of application review,
for the limited time necessary to complete that purpose.
5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the
City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City.
6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the application(s) without
refund of fees.
EXECUTED at
(city), VI Or- (state), on l 9 .— 0 -7 , 20 I $
On this day personally appeared before me
executed the foregoing instrument and acknowlcdged t
purposes mentioned therein.
(Print Name)
L-GO-7 5 I5Cti4 5r ‘,/ S$
(Address) p Q �^�^
9-0% - 1� Qom ` 7 7
(Phone Number)
1 YJ G- W1
(Signature)
I - ; to me known to be the individual who
gned the same as his/her voluntary act and deed for the uses and
SUBSCRIBED AND SWORN TO BEFORE ME ON THIS
Notary Public
State of Washington
WILLIAM H GREENE
MY COMMISSION EXPIRES
February 23, 2019
TARY P
ding at
cAm, la er---
in ang for the State of ashington
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My Commission expires on
Lb 23-?O/
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PERMIT EVALUATION CRITERIA
The applicant bears responsibility for demonstrating that the proposal satisfies all of the applicable permit evaluation criteria.
Planning Division staff are available to discuss the permit evaluation criteria. Please include all applicable supporting materials
in your application.
PERMIT EVALUATION CRITERIA
Staff will be using the applicable evaluation criteria below when they review your permit. Your permit request must
be consistent with the relevant evaluation criteria, as identified below.
A. Tree Removal & Replacement: Trees over 8-inches in Diameter (TMC 18.54.080)
1. For single family zoned properties, developed with a single-family structure, the number of trees that may be
removed in a 36-month period without tree replacement is shown in the following Table:
Single Family Tree Removal Requirements
Tree Size (DBH)
# of Trees in 36 month period
that can be removed
Tree Permit?
Qualified Tree
Professional Report?
8-12"
2
Yes
No
12-18"
2
Ces
No
Larger than 18"
1
Yes
No
2. To determine the diameter of your tree, use a tape measure to measure how large the tree trunk is around at 4.5
feet from the base of the tree. Once you have that measurement, divide it by 3.14 — this will give you a rough
calculation for the diameter of the tree.
3. If tree replacement is triggered for your property, ther due to or removal that exceeds the
numbers in the Table above, the replacement ratios are identified below. If the number of required replacement
trees exceeds site capacity, payment is required into the City's tree fund. You may select any tree you like, if_
removal is not in a sensitive area, that replaces the mature tree canopy that has been lost due to removal. View the
list of Approved Street Trees for an estimate of mature canopy size for specific species:
Tree Replacement Requirements
Amount of Mature Tree Canopy
Removed
Equivalent Stature Tree
Number of Replacement Trees
Up to 500 sq. ft.
Small Canopy Tree
1
501-1000 sq. ft.
Medium Canopy Tree
2
Larger than 1,001 sq. ft.
Large Canopy Tree
3
4. For vacant lots, tree removal is prohibited except:
a. Trees that interfere with access and/or passage on public trails; or
b. Trees, including alders and cottonwoods that have been determined to be one of the following by a Tree Risk
Assessment prepared by a Tree Risk Assessor (TMC 18.06), and where the risk cannot be reduced to Low with
mitigation, such as pruning:
i. Moderate risk with significant consequences;
ii. Moderate risk with severe consequences;
iii. High risk with a Target or Risk Target; or
iv. Extreme risk.
c. Factors that will be considered in approving such tree removal include, but are not limited to, tree condition
and health, age, risks to life or structures, and potential for root or canopy interference with utilities.
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B. Tree Protection for Work in the Critical Root Zone (TMC 18.54.070)
When construction activity is taking place within the critical root zone of trees, either on the developing site or adjacent to
it, it is important to protect the tree roots from damage from construction vehicles and materials. The critical root zone is
typically measured from the trunk of the tree outward using the standards below.
Applicant must submit a plan to protect the Critical Root Zone (CRZ) of all trees not proposed for removal that may be
impacted by the construction, using Best Management Practices and includes the following:
1. The Critical Root Zones (CRZ) for all trees designated for retention, on site or on adjacent property as applicable,
shall be identified on all construction plans, including demolition, grading, civil and landscape site plans.
2. Identification of the location of physical barriers, such as 6-foot chain link fence or plywood or other approved
equivalent for each individual tree or grouping at the CRZ. The minimum distances from the trunk for the
physical barriers shall be based on the approximate age of the tree (height and canopy) as follows:
a. Young trees (trees which have reached less than 20% of life expectancy): 0.75 per inch of trunk diameter.
b. Mature trees (trees which have reached 20-80% of life expectancy): 1 foot per inch of trunk diameter.
c. Over mature trees (trees which have reached greater than 80% of life expectancy): 1.5 feet per inch of trunk
diameter.
Alternative protection methods may be used that provide equal or greater tree protection if approved by the Director.
3. Proof of compliance with the requirement for weatherproof signage, as required by TMC 18.54.070.6.
4. Identification of the area(s) that will be used for storage of equipment or refuse, parking for construction vehicles,
in relation to the CRZ.
5. The identification of the CRZ of trees on adjacent properties and measures to ensure these areas are not impacted
by the proposed development.
6. Plans that identify any branches or limbs that may be damaged by construction machinery and any pruning needed
to the trees.
C. Heritage Trees: Removal of more than 20% of canopy, or Removal of Heritage Tree (TMC 18.54.170 D)
1. Removal of Heritage Tree: The Tree Permit may be approved if one or more of the following criteria are met:
a. Retention of the tree would make reasonable use of the property allowed under the current zoning impractical
or impossible; or
b. The removal is necessary to accommodate a new improvement, structure or remodeled structure, and no
alternative exists for relocation of the improvement on the site, or that variances to setback provisions will not
allow the tree to be saved or will cause other undesirable circumstances on the site or adjacent properties; or
c. The tree is hazardous, diseased or storm damaged and poses a threat to the health, safety or welfare of the
public; or
d. The tree has lost its importance as a Heritage Tree due to damage from natural or accidental causes, or is no
longer of historic or natural significance; or
e. The tree needs to be removed to accomplish a public purpose and no practical alternative exists.
2. Pruning of Heritage Tree in excess of 20% of the existing crown: The Tree Permit may be approved all of the
following criteria are met:
a. The protected tree shall be pruned following acceptable arboricultural standards; and
b. The tree shall be pruned in a manner that ensures safety to public and private property and shall be carried out
by a Qualified Tree Professional; and
D. Emergency Tree Removal (TMC 18.54.030 C.4) or Utility Work (TMC 18.54.160.C.3)
Emergency actions necessary to remedy an immediate threat to people or property, or public health, safety or welfare by a
high -risk or extreme -risk tree may be undertaken in advance of receiving a permit. Any person, utility or public entity
undertaking such an action shall submit a Tree Permit application within one week of the emergency action and replace
tree(s) if required. Additional time to apply for a Tree Permit may be granted at the discretion of the Director.
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Utility Work: Trees may only be pruned to lower their height to prevent interference with an overhead utility line with
prior approval by the Director. Pruning must be carried out under the direction of a Qualified Tree Professional or
performed by the utility provider under the direction of a Qualified Tree Professional. The crown shall be maintained to at
least 2/3 the height of the tree prior to pruning.
E. Tree Removal in Sensitive Areas (TMC 18.45.070 B.9)
Only hazardous/defective trees, as defined in Chapter 18.06, may be removed from a sensitive area. In cases where the
hazard/defect is not obvious, an assessment by an arborist certified by the International Society of Arborists may be
required by the Director. Tree replacement in accordance with the chart above is required for any hazardous/defective tree
removal. Dead trees may not be removed unless they present a hazard to public safety or structures.
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CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431-3670
TREE APPLICATION
A.
B.
C.
D.
E.
F.
Tree Removal >8"
Work in Critical Root Zone
Heritage Tree Removal
Emergency Tree Removal/
Utility Work
Sensitive Area Tree Removal
High/Extreme Risk Tree
INFORMATION
This document applies to the removal of trees larger than 8-inches in diameter from single family zoned property
developed with a single-family home, and for tree removal on any vacant property in the City of Tukwila. The City of
Tukwila updated its tree regulations, TMC 18.54, April 10, 2018. Tree removal on vacant parcels is now prohibited
prior to requesting permits for development of the site, with only a few exceptions.
For removal of trees 6-8-inches in diameter, on single family zoned sites, developed with a single-family dwelling please use
the Tree Inventory Form. For requests to remove trees from existing multi -family, commercial and industrial zoned and
developed sites in other zones, please use the Landscape Modification Permit. Tree removal without a permit is subject to
canopy replacement requirements and penalties of TMC 18.54.080 or TMC 18.52.110, as applicable.
The following activities require a Tree Permit:
A. Removal of trees larger than 8-inches in diameter on sites zoned single-family and developed with a single-family
dwelling or on a vacant lot;
B. Construction that will impact a tree's Critical Root Zone in any zoning district;
C. Heritage Tree removal or pruning over 20% of existing crown;
D. Tree removal for utility work; and
E. Tree removal in sensitive areas outside of the shoreline jurisdiction: wetlands, streams and steep slope areas.
F. Removal of a high risk or extreme risk tree.
The following actions do not require a Tree Permit:
• The removal of trees that are less than 6 inches in Diameter at Breast Height on property zoned Low Density Residential
and improved with a single-family dwelling.
• The removal of Dead Trees outside the shoreline jurisdiction or a sensitive area or its buffer.
• Routine maintenance of trees necessary to maintain the health of cultivated plants or to contain noxious weeds or
invasive species.
• Routine maintenance within the right-of-way related to Interference, Sight Distance, Emergencies or Topping as
codified in TMC 11.20.
• Removal of trees in the right-of-way related to a capital project that has a landscaping component that includes trees,
where there is adequate room in the right-of-way.
• Removal of trees as allowed with a Class I -IV forest practices permit issued by the Washington State Department of
Natural Resources. (RCW 76.09)
For tree removal in the Green/Duwamish Shoreline, the Shoreline Tree Removal and Vegetation Clearing Permit is used.
For tree removal in the public Right -of -Way, a permit is required from the Public Works Department.
PROCEDURES: At the time you submit your application you must have all of the items listed on the attached "Complete
Application Checklist." You may request a waiver from items on the checklist that are not applicable to your project. Please
discuss this waiver request with City staff either at a pre -application meeting or at the time of application submittal. Within 28
days of receiving your application, City staff will determine if it is complete based on the attached checklist. If not complete
City staff will contact you and identify what additional information is needed. If you do not submit requested materials within 90
days from the City's request for additional information, the City may cancel your application. Once the application is complete it
will be reviewed and a decision to approve, modify or deny the application will be issued based on the permit evaluation.
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EXCEPTIONS:
Per TMC 18.54.140, exceptions to the requirements of the tree regulations may be granted when undue hardship may be created
by strict compliance with the provisions of TMC 18.54. Please use the Tree Exceptions Permit application to request an
exception to the adopted tree regulations.
COMPLETE APPLICATION CHECKLIST
The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require
additional information as needed to establish consistency with development standards.
ADDITIONAL MATERIALS MAY BE REQUIRED.
Department of Community Development (DCD) City Staff are available to answer questions about application materials at
(206) 431-3670 at the DCD offices at 6300 Southcenter Blvd, Suite 100, Tukwila, WA 98188.
Check items
submitted
with
application
Information Required. May be waived in unusual cases, upon approval of Planning. Please review the
criteria that staff will use to evaluate your request. These are found at the end of this application.
APPLICATION MATERIALS:
1. Application Checklist one (1) copy, indicating items submitted with application.
2. Permit Fee: See Land Use Fee Schedule for standard application fee.
Q
3. Completed Application Form and drawings (2 copies).
4. Completed and notarized Affidavit of Ownership and Hold Harmless Permission to Enter Property
(1 copy attached).
5. An electronic set of all plans in PDF format.
6. Assessment of a Qualified Tree Professional (if applicable), refer to TMC 18.06, Definitions.
7. Proposed time schedule of tree removal, relocation and/or replacement, or limits of construction, as
applicable.
SITE PLAN:
8. (a) The site plan must include the following. Maximum size 24" x 36".
(b) Existing and proposed building footprints and utilities.
(c) Limits of construction.
(d) Parking lots, driveways and fire access lanes.
(e) Fences, rockeries and retaining walls.
Existin and proposed topography at 2-foot contour intervals.
_) Tree protection methods, if applicable.
(h) Diameter, species name, location and canopy of significant trees to be removed.
(i) Location of all sensitive areas (e.g. streams, wetlands, slopes over 15%, and their buffers and
setbacks).
PROPOSED TREE REPLACEMENT PLAN:
9. (a) For tree removal for utility work and tree removal in a sensitive area or its buffer, a landscape
planting plan by a Washington State Landscape Design Professional, certified arborist, or biologist.
Maximum size 24" x 36". Please check with planning staff to determine which professional is
appropriate for your project.
(b) Diameter, species name, spacing, size and location of replacement trees to be used to replace trees
that are to be removed.
(c) Proposed tree relocation plan (methods, protection of tree during process) — if applicable
(d) Proposed tree maintenance plan (watering, weeding, mulching, etc.)
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City of Tukwila
Code Enforcement
/!
NOTICE OF VIOLATION AND ORDER - Per TMC § 8.45.070
Appeal Instruction
A person may, within ten days .f being served this notice file with the Tukwila City Clerk a
written notice of appeal along 'th payment of the $3 appeal fee, containing the following:
1.The Code Enforcement case 'le number;
2.A brief statement setting forth he names, m i ing address(es), and legal interest of each of the
persons appealing this notice an order;
3.A brief statement of the specific o •er o. action protested, together with any supporting facts;
and
4. A brief statement of the relief sou g t, a ,d the reasons why it is claimed that the notice and order
should be reversed, modified, or therm set aside.
Any appeal of this Notice of Violation and Order m st be filed WITHIN 10 DAYS of being served this
notice. There will be no otherlopportunity to appea his order, and noncompliance with this order
may result in further legal Lion.
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Violation #1
Violation #2
Photograph Below Taken From This Location
Google Earth Pro May 22, 2017
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671
Location Were The Tree Was Removed
CITY OF TUKWILA CODE ENFORCEMENT • 6300 SOUTHCENTER BLVD, SUITE 100, TUKWILA, WA 98188 • (206)431-3671