HomeMy WebLinkAboutD_RVMPLUA22-000270_v3DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_RMVPLUA22-000270_v3
PLANNING DIVISION
ROUTINE VEGETATION MANAGEMENT PERMIT
AND CERTIFICATE OF EXEMPTION FROM
CRITICAL AREA REGULATIONS
EVALUATION FORM & DECISION
DATE OF DECISION: August 12, 2022
PROJECT NUMBER: LUA22-000270, RVMP, CAE
PROJECT NAME: 1009 N 41st Pl Tree Removal
PROJECT MANAGER: Andrew Van Gordon, Associate Planner
APPLICANT: Margaret and Frank Hansen
1009 N 41st Pl, Renton, WA 98056
OWNER: Margaret and Frank Hansen
1009 N 41st Pl, Renton WA 98056
CONTACT: Margaret and Frank Hansen
1009 N 41st Pl, Renton, WA 98056
PROJECT LOCATION: 1009 N 41st Pl, Renton, WA 98056 (APN 0518500540)
PROJECT DESCRIPTION: The applicant is requesting approval of a Routine Vegetation Management
Permit (RVMP) and Critical Area Exemption to allow for the removal of one (1)
Red Sunset Maple. A Routing Vegetation Management Permit is required for
the removal of any trees within shoreline jurisdiction if the removal is not
included in another land use permitting process. The property is
approximately 3,685 square feet (.08 acre) in size. The property is located
within the Residential 10 (R-10) zone.
The applicant proposes to remove one (1) Red Sunset Maple. The tree is in the
northern portion of the property in the front yard. Per the Arborist Report
(Attachment 1), the tree is within two feet (2’) of underground utilities and is
lifting the front walkway with its root system. The arborist report states that if
the tree is retained, it will cause further damage to the sidewalk and/or cause
disruption to the utilities.
CRITICAL AREA: Seismic Hazard Area: High; Regulated Shoreline: Shoreline Residential
DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC
City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE
Permit Date: August 12, 2022 Page 2 of 6
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EXEMPTION JUSTIFICATION: Renton Municipal Code, Section 4-3-050C3ciii Dangerous Trees: Removal of
non-native invasive ground cover or weeds listed by King County Noxious
Weed Board or other government agency or dangerous trees, as defined in
Chapter 4-11 RMC which have been approved by the City and certified
dangerous by a licensed landscape architect, or certified arborist, selection of
whom to be approved by the City based on the type of information required.
Limited to cutting of dangerous trees; such hazardous trees shall be retained
as large woody debris in critical areas and/or associated buffers, where
feasible.
ROUTINE VEGETATION MANAGEMENT REVIEW CRITERIA 4-9-195D4:
YES 1. The lot shall comply with minimum tree density requirements pursuant to RMC 4-
4-130, Tree Retention and Land Clearing Regulations.
Staff Comments: The minimum tree density requirement is two (2) significant trees
for every 5,000 square feet. The property is approximately 3,685 square feet. One
(1) significant tree is required to meet minimum tree density on the property (3,685
sq. ft. / 5,000 sq. ft. = 0.73 x 2 = 1.46 rounded down to 1).
The removed tree would need to be replaced to maintain minimum tree density. As
a recommended condition of approval, the removed Red Sunset Maple would be
replaced. A replacement tree shall be required in the rear of the property. The
applicant shall choose from “Native Flame” Hornbeam, “Sugar Cone” Maple,
“Apollo” Maple or “Starlight” Dogwood. The replacement tree shall have at least a
two-inch (2”) caliper.
The lot complies with minimum tree density requirements pursuant to RMC 4-4-
130, Tree Retention and Land Clearing Regulations.
YES 2. The land clearing and tree removal shall be consistent with restrictions for critical
areas, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations,
and RMC 4-3-050, Critical Areas Regulations.
Staff Comments: Per COR Maps, the tree proposed to be removed is within a
Seismic Hazard Area: High classification and a Regulated Shoreline: Shoreline
Residential classification.
Areas within a High classification for Seismic Hazard Areas are considered
geologically-hazardous critical areas. Removal of dangerous trees is an exempt
activity within critical areas and associated buffers. A written report was provided
by a certified arborist identifying the Red Sunset Maple as disruptive to
underground utilities. The tree is planted two feet (2’) from an underground pad-
mount transformer. A warning from Puget Sound Energy on the exterior of the
transformer identifies a 12-foot (12’) setback from the front and a three-foot (3’)
setback from the sides of the vault. Obstructions would impede safety and cause
delays when restoring electrical service. The Red Sunset Maple thereby meets the
definition of a dangerous tree.
DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC
City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE
Permit Date: August 12, 2022 Page 3 of 6
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Shoreline regulations apply to all use and development activities within the
shoreline. The vegetation conservation buffer for non-single family residential uses
within the Shoreline Single Family designation is 100 feet. The tree is
approximately 40 feet beyond the boundary of the buffer. Removal of a tree does
not meet the definition of development within shorelines. Removal of the Red
Sunset Maple does not meet the applicability of development and therefore
shoreline regulations do not apply. A Routing Vegetation Management Permit is
required for the removal of any trees within shoreline jurisdiction if the removal is
not included in another land use permitting process.
See Critical Area Exemption Findings below for additional exemption information.
Removal of the tree is consistent with restrictions for critical areas, pursuant to
RMC 4-4-130, Tree Retention and Land Clearing Regulations, and RMC 4-3-050,
Critical Area Regulations.
YES 3. Removal of a landmark tree shall meet the review criteria for removal off landmark
tree, pursuant to RMC 4-4-130, Tree Retention and Land Clearing Regulations.
i. The tree is determined to be dangerous; or
ii. The tree is causing obvious physical damage to structures including but
not limited to building foundations, driveways or parking lots, and for
which no reasonable alternative to tree removal exists. Routine
maintenance of roofs that is required due to leaf fall does not constitute
obvious physical damage to structure; or
iii. Removal of tree(s) to provide solar access to buildings incorporating
active solar devices. Windows are solar devices only when they are south-
facing and include special storage elements to distribute heat energy; or
iv. The Administrator determines the removal is necessary to achieve a
specific and articulable purpose or goal of this Title.
Staff Comments: Not applicable. A landmark tree is a tree with a caliper over 30
inches. The Red Sunset Maple tree proposed for removal does not have a caliper
over 30 inches and therefore does not meet the definition of a landmark tree.
YES 4. Street frontage and parking lot trees and landscaping shall be preserved unless
otherwise approved by the Administrator.
Staff Comments: The tree is located along the street frontage. Its placement is a
hazard to existing utilities and infrastructure. Removal of the tree is approved with
a recommended condition of approval that a replacement tree be installed in a
more appropriate location at the rear of the property. See Criteria 1 for more
information.
Removal of the tree complies with this standard as removal has been approved by
the Administrator.
YES 5. The land clearing and tree removal shall not remove any landscaping or protected
trees required as part of a land development permit.
Staff Comments: A tree on the lot was required as part of the Barbee Mill
subdivision approval. The existing tree will be removed and replaced on-site in a
different location.
DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC
City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE
Permit Date: August 12, 2022 Page 4 of 6
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Removal of the tree complies with the requirements as a recommended condition
of approval that a replacement tree be installed in a more appropriate location at
the rear of the property is included in the decision. See Criteria 1 for more
information.
YES 6. The land clearing and tree removal shall maintain visual screening and buffering
between land uses of differing intensity, consistent with applicable landscaping
and setback provisions.
Staff Comments: Not applicable. The tree is adjacent to a lot with a dwelling of an
attached residence. This is a residential use of equal intensity.
YES 7. The land clearing and tree removal shall not create or contribute to a hazardous
condition, such as increased potential for blowdown, pest infestation, disease, or
other problems that may result from selectively removing trees and other
vegetation from a lot.
Staff Comments: The RVMP is being requested due to the necessity to remove one
(1) dangerous tree. The Arborist Report did not indicate that the removal of the
tree would create or contribute to a hazardous condition, but instead indicated
that it could cause greater damage in the future if retained.
CRITICAL AREA EXEMPTION FINDINGS:
The proposed development is consistent with the following findings pursuant to RMC section
4-3-050C.2.d:
i. The activity is not prohibited by this or any other provision of the Renton Municipal
Code or State or Federal law or regulation;
Staff Comment: Removal of the tree is not prohibited by this or any other provision of
the Renton Municipal Code or State or Federal law or regulations. Approval of this
exemption will act as written permission to allow the removal of the Red Sunset Maple
located on 1009 N 41st Pl.
ii. The activity will be conducted using best management practices as specified by industry
standards or applicable Federal agencies or scientific principles;
Staff Comment: According to the arborist report, it is recommended that the tree be
removed to prevent further damage to the sidewalk and/or cause disruption to utilities.
iii. Impacts are minimized and, where applicable, disturbed areas are immediately
restored;
Staff Comment: According to the arborist report, the tree is within two feet (2’) of an
underground pad-mount transformer. Removal will minimize impacts to the utilities and
its infrastructure. Only the tree will be removed, and a replacement tree will be
replanted in a different location on the property. See RVMP Criteria 1. The tree is within
a landscaped area; no other vegetation is proposed for removal.
iv. Where water body or buffer disturbance has occurred in accordance with an exemption
during construction or other activities, revegetation with native vegetation shall be
required;
Staff Comment: Not applicable. Water body or buffer disturbance is not occurring.
DocuSign Envelope ID: D18F1700-83EA-4817-A661-B27D8557DCDC
City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE
Permit Date: August 12, 2022 Page 5 of 6
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v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section
has a significant or substantial potential to degrade groundwater quality, then the
Administrator may require compliance with the Wellhead Protection Area
requirements of this Section otherwise relevant to that hazardous material, activity,
and/or facility. Such determinations will be based upon site and/or chemical-specific
data.
Staff Comment: Not applicable. A hazardous material, activity and/or facility is not a
part of the project.
DECISION: 1009 N 41st Pl Tree Removal, Error! Reference source not found., CAE for the removal of one
(1) Red Sunset Maple tree as shown in the arborist report (Attachment 1) is Approved with Conditions*
and subject to the following conditions:
*CONDITIONS OF APPROVAL:
1. The applicant shall plant a replacement tree in the rear of the property. The applicant shall choose
from “Native Flame” Hornbeam, “Sugar Cone” Maple, “Apollo” Maple or “Starlight” Dogwood or
other suitable species as determined by the Current Planning Project Manager. The replacement
tree shall have at least a two-inch (2”) caliper and shall be planted within 30-days from the removal
of the Red Sunset Maple unless otherwise determined by the Current Planning Project Manager.
SIGNATURE & DATE OF DECISION:
________________________________________ ____________________________________
Vanessa Dolbee, Planning Director Date
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be
reopened by the approval body. The approval body may modify his decision if material evidence not
readily discoverable prior the original decision is found or if he finds there was misrepresentation of
fact. After review of the reconsideration request, if the approval body finds sufficient evidence to
amend the original decision, there will be no further extension of the appeal period. Any person wishing
to take further action must file a formal appeal within the 14-day appeal time frame.
APPEALS: Appeals of permit issuance must be filed in writing on or before 5:00 p.m. on August 26, 2022..
An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-
680). Due to the ongoing state of emergency enacted by Governor’s Proclamation 20-05, the City Clerk’s
Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at
cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub only on Tuesdays and/or
Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future
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City of Renton Department of Community & Economic Development Routine Vegetation Management Permit 1009 N 41st Pl Tree Removal LUA22-000270, RVMP, CAE
Permit Date: August 12, 2022 Page 6 of 6
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date if your appeal is submitted electronically. Appeals to the Hearing Examiner are governed by RMC 4-
8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s
Office, cityclerk@rentonwa.gov.
EXPIRATION: The Routine Vegetation Management Permit shall be valid for one (1) year from the date of
decision. An extension may be granted by the Planning Division for a period of one (1) year upon
application by the property owner or manager. Application for such an extension must be made at least
30 days in advance of the expiration of the original permit and shall include a statement of justification for
the extension. The Critical Area Exemption expires two (2) years from the date of decision.
Attachments:
Attachment 1: Arborist Report prepared by Ryan M. Seeley, May 10, 2022
cc:
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