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VAR2015-00011 VAR2O15 - 00011 NEW CENTER HOLDINDS LLC NOTICE OF TYPE I DECISION NEW CENTURY HOLDINGS, LLC • DEVELOPMENT ADJUSTMENTS TIGARD (VAR) 2015-00011 AND (VAR) 2015-00012 120 DAYS =June 23, 2015 SECTION I. APPLICATION SUMMARY FILE NAME: NEW CENTURY HOLDINGS,LLC CASE NOS.: Adjustments (VAR) VAR2015-00011 and VAR2015-00012 PROPOSAL: The applicant is requesting approval for two Development Adjustments to reduce the minimum front yard setback requirement and the minimum interior side yard setback requirement for a new single family residence. The proposed front yard setback is 15 feet instead of 20 feet (25%), and the proposed interior side yard setback is 4 feet instead of 5 feet(20%). APPLICANT: VP Custom Construction OWNER New Century Holdings,LLC Pavel Kutsar 13815 SW Carolina Street 13815 SW Carolina Street Portland,OR 97224 Portland,OR 97224 ZONING: R-4.5:Low-Density Residential District.The R-4.5 zoning district is designed to accommodate detached single-family homes with or without accessory residential units at a minimum lot size of 7,500 square feet.Duplexes and attached single-family units are permitted conditionally. Some civic and institutional uses are also permitted conditionally. LOCATION: 14030 SW 97th Avenue WCTM 2S111BA,Tax Lot 6200 APPLICABLE REVIEW CRITERIA: Community Development Code Section 18.370.020.B SECTION II. DECISION Notice is hereby given that the City of Tigard Community Development Director's designee has APPROVED the above requested Adjustments to the minimum front yard and interior side yard setback requirements. The findings and conclusions on which the decision is based are noted in Section IV of this Decision. VAR2015-00011 AND VAR2015-00012 NEW CENTURY HOLDINGS,LLC Page 1 SECTION III. BACKGROUND INFORMATION Site History and Information: The subject property is located at 14030 SW 97th Avenue (WCTM 2S111BA, Tax Lot 6200); south of SW McDonald Street, and east of SW 97`'' Avenue. The 0.14 acre site is currently vacant but a new single family residence is proposed. The southeast portion of the lot is occupied by a sensitive area and a vegetated corridor, as outlined in the provided Clean Water Services Service Provider Letter and attachments. The property is zoned Low-Density Residential (R-4.5), as are the surrounding properties. Proposal Description: The applicant is requesting approval for two Development Adjustments to reduce the minimum front yard setback requirement and the minimum interior side yard setback requirement for a new single family residence. The proposed front yard setback is 15 feet instead of 20 feet (25%), and the proposed interior side yard setback is 4 feet instead of 5 feet (20%). SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS 18.370 Variance and Adjustments 18.370.020 B. Development adjustments. 1. The following development adjustments will be granted by means of a Type I procedure, as governed by Section 18.390.030, using approval criteria contained in paragraph 2 of this subsection B: a. Front yard setbacks. Up to a 25% reduction of the dimensional standards for the front yard setback required in the base zone. Setback of garages may not be reduced by this provision. b. Interior setbacks. Up to a 20% reduction of the dimensional standards for the side and rear yard setbacks required in the base zone. c. Lot coverage. Up to 5%increase of the maximum lot coverage required in the base zone. The requests are to reduce the minimum front yard setback requirement from 20 feet to 15 feet (25%), and to reduce the minimum interior side yard setback requirement from 5 feet to 4 feet (20%). These requests are development adjustments. 2. Approval criteria. A development adjustment shall be granted if there is a demonstration of compliance with all of the applicable standards: a. A demonstration that the adjustment requested is the least required to achieve the desired effect; The southeast portion of the lot is occupied by a sensitive area and a vegetated corridor, as outlined in the provided Clean Water Services Service Provider Letter and attachments. The purpose of these adjustments is to accommodate a particular housing design (as illustrated in the attached site plan), while still maintaining water quality protection measures for the on- site sensitive area and vegetated corridor. Staff has evaluated an environmental plan review from Clean Water Services, the applicant's statement, and the site plans provided to VAR2015-00011 AND V AR2015-00012 NEW CENTURY HOLDINGS,LLC Page 2 determine that these adjustments are the least required to achieve the desired effect. This criterion is met. b. The adjustment will result in the preservation of trees, if trees are present in the development area; There are no trees present in the relevant development areas.This criterion does not apply. c.The adjustment will not impede adequate emergency access to the site; The adjustments will not impede adequate emergency access to the site because emergency access requires a 3 foot minimum interior side yard setback, and the development adjustment will provide a 4 foot interior side yard setback. In addition, the applicant's proposed driveway exceeds the 15-foot minimum access requirement for residential use (1DC Table 18.705.1).This criterion is met. d. There is not a reasonable alternative to the adjustment which achieves the desired effect. Due to the presence of the on-site sensitive area and vegetated corridor as discussed above, and the limited developable area on the site, there is not a reasonable alternative to the requested adjustments which achieves the desired effect.This criterion is met. FINDING: Based on the analysis above, the adjustment approval criteria have been satisfied. SECTION V. PROCEDURE AND APPEAL INFORMATION Notice: Notice was posted at City Hall and mailed to: X The applicant and owners X Affected government agencies Final Decision: A Development Adjustment is a Type I procedure. As such, the Director's decision is final on the date it is mailed or otherwise provided to the applicant, whichever occurs first. The Director's decision may not be appealed locally and is the final decision of the City. THIS DECISION IS FINAL ON FEBRUARY 23, 2015. AND BECOMES EFFECTIVE ON FEBRUARY 24, 2015. Questions: If you have any questions,please contact Lina Smith,Assistant Planner at(503) 718-2438 or LinaCS @tigard-or.gov.You may also mail inquiries to City of Tigard Planning Division, 13125 SW Hall Boulevard,Tigard,OR 97223. VAR2015-00011 AND VAR2015-00012 NEW CENTURY HOLDINGS,LLC Page 3 February 23.2015 PREPARED BY: Lina Smith DATE Assistant Planner VAR2015-00011 AND VAR2015-00012 NEW CENTURY HOLDINGS,LLC Page 4 APPLICANT MATERIALS RECEIVED : . • lig City of Tigard FEB 18 2015 COMMUNITY DEVELOPMENT DEPARTMENT OF TIGARD Adjustment — Type I Application PLANNING/ENGINE RING TIGARD 1 ,1 I' I I PROPOSAL SUMMARY(brief description): c--G C\\(_- 1 ()R • I NI I 1 •1 ,)\I \ Z\1 (1\ oo S�\ �PCL� 1-1i-o- �_ Case No.(s): V/ g40+"' arili/t7: LL 2 2+ V �-v_ -k ( 0'"�4-0 Related Case No.(s): /', The owners of record of the subject propertPreques`tlan Adlusbnent Application Fee: CYg6 to the Community Development Code (please check one only): Application Accepted: 'Development Adjustment-Front Yard Setback By LS Date: c=Q l iS--. Setbacks and Lot Coverage Date Det eed Complete: Special Adjustments: By: Date: 3 i ❑ Adjustments to Subdivision standards ❑ Reduction of Minimum Residential Density Comp.Plan/Zone Designation: ❑ Washington Square Regional Center Dimensional and Density E .requirements IACURPUNArterAtand Use A s djustm•nt—TypeI ❑ Adjustments to Access and Egress Standards Rev.catoonon ❑ Adjustments to Parking Standards ❑ Adjustments to the Sign Code ❑ Adjustments to Wireless Communication Facilities ❑ Adjustments to Street Improvement Requirements ❑ Adjustments to Downtown Connectivity Standards REQUIRED SUBMITTAL Property A,1 + ddress/Location(s : ELEMENTS ' k:A0 w ` ..lication Elements Submitted: Tax Map and Tax Lot#(s): 2.S II I B A 06 ZOO Ii Owner's Signature/Written Site Size: ittitholization tle Transfer Instrument or Deed Applicant: J P, 3 ,f o Nl C O 1U S 4-r to/Plot Plan(2 copies) Address: \ 3.'2\�� S� (.__M2- 1-.)N N. LI [/to/Plot Plan(reduced 81/2"x 11") City/state: 1 �iLPrt n�--- Zip: on'Z2`k V k Applicant's Statement `� l P Addressing Criteria under Section 18.370.020) Primary Contact �%t-- F--`1V N-2- Filing Fee .4 /../3 y,2 = _O 664, Phone c)2l- mail: 1. b CO.1 ' (1 G c " Property Owner/Deed Holder(s)*: (Attach list if more than one) Name: J Jo Litt-' (l-`,! �.o L,9(51 L C- Address: \I Dl S ev\.) Cc.,�0\‘‘ 2_eX City/state:;�o(1-V\) 10 L9 0-- Zip: 91 2Z- -1 *When the owner and the applicant are different people,the applicant must be the purchaser of record or a lessee in possession with written authorization from the owner or an agent of the owner. The owner(s) must sign this application in the space provided on the back of this form or submit a written authorization with this application. City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 of 2 APPLICANTS To consider an application complete,you will need to submit all of the Required Submittal Elements as described on the front of this application in the"Required Submittal Elements"box. THE APPLICANT(S) SHALL CERTIFY THAT: • The above request does not violate any deed restrictions that may be attached to or imposed upon the subject property. • If the application is granted,the applicant will exercise the rights granted in accordance with the terms and subject to all the conditions and limitations of the approval. • All of the above statements and the statements in the plot plan,attachments,and exhibits transmitted herewith,are true;and the applicants so acknowledge that any permit issued,based on this application,may be revoked if it is found that any such statements are false. • The applicant has read the entire contents of the application,including the policies and criteria,and understands the requirements for approving or denying the application. SIGNATURES of each owner of the subject property required. Applicant/Authorized Agent signature Print name Date ite � � � u � aIq ( Owner's signature Print name Date ADJUSTMENT—TYPE I APPLICATION City of Tigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of 2 Washington County,Oregon 2014-033764 D-DW Stn=5 A STROM 06/06/2014 11:41:46 AM $15.00 St 1.00S5.00$2000 $51.00 I.Richard Hobernicht,Director of Assessment and Taxation and Ex. Officio County Clerk for Washington County,Oregon,do hereby certify that the within instrument of writing was received and recorded in the book of records of said county. Richard Hobernicht,Director of Assessment and Taxation, Ex-Officio Washington County,Oregon 2014-033647 D-Dw Stn=4 K GRUNEWALD 06/06/2014 09:12:34 AM $10.00 511 00 55.0053600$2000 $82.00 i.Richard Hobernicht.Director of Assessment and Taxation and Ex. Ofhuo County Clerk for Washington County,Oregon,do hereby RECORDING REQUESTED BY: certify that the within instrument of writing was received and GRANTOR: recorded in the book of records of said county IMT Properties, LLC, an Oregon limited liability Richard Hobernicht,Director of company Assessment and Taxation,Ex-Officio 2 507 N. Santa Fe Drive Vancouver, WA 98661 GRANTEE New Century Holdings, LLC, an Oregon limited _5 liability company 13815 SW Carolina Court Portland, OR 97224 5' SEND TAX STATEMENTS TO: New Century Holdings, LLC, an Oregon limited J liability company 13815 SW Carolina Ct. ce Portland, OR 97224 v_ '— AFTER RECORDING RETURN TO: . New Century Holdings, LLC, an Oregon limited 2 liability company 13815 SW Carolina Ct. a Portland, OR 97224 Escrow No 3626065885NHE-TTPOR45 W 25fi Vacant Lot Tax Account#R138274 Tigard, OR 97224 SPACE ABOVE THIS LINE FOR RECORDER'S USE THIS DOCUMENT IS BEING RE—RECORDED TO CORRECT LOT Il. AT THE REQUEST OF TICOR TITLE. PREVIOUSLY RECORDED AS FEE NO. 2014-033647. STATUTORY WARRANTY DEED IMT Properties, LLC,an Oregon limited liability company, Grantor, conveys and warrants to New Century Holdings, LLC, an Oregon limited liability company, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon: 2 Lot v ARLIE'S PLANTATION, in the City of Tigard, County of Washington and State of Oregon THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS$36,000.00. (See ORS 93.030) Subject to and excepting: Covenants, Conditions, Restrictions, Set Back Lines, Powers of Special Districts and Easements of record,if any. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, T i-E PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007,SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009,AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT,THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL,AS DEFINED IN ORS 92.010 OR 215.010,TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL,TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES,AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17,CHAPTER 855,OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 3620065885N11E-TTPOR45 Deed(Warranty-Statutory) 0 fu....9OL4,1/4Z RECORDING REQUESTED BY: GRANTOR: IMT Properties, LLC, an Oregon limited liability company 2 507 N. Santa Fe Drive Vancouver, WA 98661 Q'3 GRANTEE: WNew Century Holdings, LLC, an Oregon limited liability company 0 13815 SW Carolina Court Portland, OR 97224 Sv SEND TAX STATEMENTS TO: �1 New Century Holdings, LLC, an Oregon limited J liability company I" 13815 SW Carolina Ct. cc Portland, OR 97224 C-1 F ' AFTER RECORDING RETURN TO: -o New Century Holdings, LLC, an Oregon limited liability company c 13815 SW Carolina Ct. Portland, OR 97224 cc Escrow No: 3626065885NHE-TTPOR45 4P42549' 56 Vacant Lot Tax Account#R138274'7/ Tigard, OR 97224 SPACE ABOVE THIS LINE FOR RECORDER'S USE STATUTORY WARRANTY DEED IMT Properties, LLC, an Oregon limited liability company, Grantor, conveys and warrants to New Century Holdings, LLC, an Oregon limited liability company, Grantee, the following described real property, free and clear of encumbrances except as specifically set forth below, situated in the County of Washington, State of Oregon: 2 Lot 1/, ARLIE'S PLANTATION, in the City of Tigard, County of Washington and State of Oregon THE TRUE AND ACTUAL CONSIDERATION FOR THIS CONVEYANCE IS $36,000.00. (See ORS 93.030) Subject to and excepting: Covenants, Conditions, Restrictions, Set Back Lines, Powers of Special Districts and Easements of record, if any. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING FEE TITLE SHOULD INQUIRE ABOUT THE PERSON'S RIGHTS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. THIS INSTRUMENT DOES NOT ALLOW USE OF THE PROPERTY DESCRIBED IN THIS INSTRUMENT IN VIOLATION OF APPLICABLE LAND USE LAWS AND REGULATIONS. BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON ACQUIRING FEE TITLE TO THE PROPERTY SHOULD CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANNING DEPARTMENT TO VERIFY THAT THE UNIT OF LAND BEING TRANSFERRED IS A LAWFULLY ESTABLISHED LOT OR PARCEL, AS DEFINED IN ORS 92.010 OR 215.010, TO VERIFY THE APPROVED USES OF THE LOT OR PARCEL, TO DETERMINE ANY LIMITS ON LAWSUITS AGAINST FARMING OR FOREST PRACTICES, AS DEFINED IN ORS 30.930, AND TO INQUIRE ABOUT THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER ORS 195.300, 195.301 AND 195.305 TO 195.336 AND SECTIONS 5 TO 11, CHAPTER 424, OREGON LAWS 2007, SECTIONS 2 TO 9 AND 17, CHAPTER 855, OREGON LAWS 2009, AND SECTIONS 2 TO 7, CHAPTER 8, OREGON LAWS 2010. 3626065885NHE-TTPOR45 Deed(Warranty-Statutory) DATED: 6-1-1-/L( IMT Properties, LLC, an Oregon limited liability comps /I BY: Avi - , C LLB. ./, .4,4 Randy Maw ,rter, President/Member State of OREGON County of " _a0_411/� Tinstrument was acknowledned before me on <� - `7 , 2011 by This a no( l a w/h l rt-e-, ` • as?}q4(61.1/6111‘4 mbt'r 1 of M pyD € ,' ,�/J , LL . /� Notary Public-State of Ore n My commission expires: Ib/ab! tr"'"`'� OFFICIAL SEAL BETH A LAVEY NOTARY PUBLIC-OREGON COMMISSION NO.455552 MY COMMISSION D(PIRES MARCH 10,2015 3626065885NHE-TTPOR45 Deed(Warranty-Statutory) CITY OF TIGARD RECEIVED Approved by Planning Date: �— 3 —�� FEB 18 2015 Initials: LS CITY OF TIGARD PLANNING/ENGINEERING I%11 III! _ - IIII __ - 1111 COASj'I� ,k041-DO ,' N ( 1\() r _ yLIT 11ETK.E i I I I \c \\ �,' `■–� ,�''/) \1 L, // ç ' rN*�,- I ( ,�all ' I 7 {� I 01 �et //�ML _—_- i EL04653' I 11 ! 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' MAIN FINI FLR �1 r__. \\\I /////y���'Y 1 / EL:246.83' I I I I • ///// I , 1 1 1 ' 4,� I,// Ail --- 1 1 1 Cad r,g ION eariD '' / PROPOSED NOME 1 --- - ° __ - girl \\`,\;\; • �`► • / , I CONSTRUCTION palIDARY■ MAIN- 1594 SOFT m- - / SILT FENCE UPPER-1419 SOFT - — \ ■ / / , J GARAGE- 465 SOFT C, _ . ."∎. \,I \\\`-_-- \ i / 1 EL:2462.3' \\ \ ,... ���.e J /�/, l/ -/ 4„ I '•,A �FMIFLR` 2 41' 1 1 1•3 U /4 '. .- i. . - a . 111 i''�"'i�._ `; 2' 1 1. __ I I:I-III 11--k1• :.: _�, ,. 1�,1\ ------- ---- :: III-1Lft 1_ ;#4-&-,s•.-` --- 1 35'-1 f, --.- - -Cg - - 5\E 1 T+ 4 STrT--- V Custom Coist. I , 14030 5W 91T1-1 AVE ■ TIGARD, OREGON 91224 1 CONTRACTOR TO VERIFY SITE PL CONTACT INFO: ALL DIMENSIONS 4 CONDITIONS r PAVEL K. 4 NOTIFY ENGINEER IF DIFFERENT (360)521-6494 1"=20'-0" • W5 . , . " ' - . o ,ii SIMI Approved Clean Water Services 1 pre,vt\IC Lyvt H- Date [ DECK CONSTRUCTION BOUNDARY -5 Ya e v In/Ira-A' 1-0 SILT FENCE _ - � - v- _' � — V �t Gom - • / A� • r±..... 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Lot 2, SW SIth Ave Tigard, Oregon 1D 1 5( Atig CONTRACTOR TO VERIFY 51TE ALL DIMENSIONS I CONDITIONS , 4 NOTIFY ENGINEER IF DIFFERENT I°-2 _0,, 1 Ci 1-1,/ C/ ,ma, r y 0 ,6ua hiI di le- /.r1-e p 14 Payer AY, p 6caz_d7 CAW 44+1)9,1 e-6 11 kf 44 A 3/4.-1-U/ kYvica let e. /LI o H r � V /�q v aI ► �(if of Q,v t- 0<ct i use k Ne44v/c.hip,S. 70 1)t,14 cJ & fit. au 'd 4.,d,fie._ t-t)t, h e c.. Alt �-►^ Qv -irt44 w ft? 'o fx. e,cp zsu l e V o f aC.0 e s PN T u 1 '?fie. &Ant. no Q tL v- a -t-ev�h Bove b 1- O4 v euia 44444-itua �p u t., cow tixac-P molt_ o4t k € pt . i> voA., ot, vwv aocieuefivorhtatf 04 COO yam itdepitt(72, -4/c. puo 14 ADDITIONAL DOCUMENTS CleanWater Services Our commitment is clear. CWS File Number Service Provider Letter I 14-000669 This form and the attached conditions will serve as your Service Provider Letter in accordance with Clean Water Services Design and Construction Standards (R&O 07-20). Tier 2 Analysis Vegetated Jurisdiction: Washington County Review Type: Corridor Reduction Site Address 9265 SW Mcdonald ST SPL Issue Date: November 21, 2014 /Location: Tigard, OR 97224 SPL Expiration Date: November 20, 2016 Applicant Information: Owner Information: Name Faina Talal Name Faina Talal Company NEW CENTURY HOLDINGS LLC Company NEW CENTURY HOLDINGS LLC Address 13815 SW CAROLINA CT Address 13815 SW CAROLINA CT PORTLAND OR 97224 PORTLAND OR 97224 Phone/Fax (503)481-6781 Phone/Fax (503)481-6781 E-mail: fainatal©yahoo.com E-mail: fainatal @yahoo.com Tax lot ID Development Activity 2S111 BA06200 Single Family Dwelling Pre-Development Site Conditions: Post Development Site Conditions: Sensitive Area Present: X On-Site X Off-Site Sensitive Area Present: X On-Site X Off-Site Vegetated Corridor Width: Variable; 30-40 Vegetated Corridor Width: Variable; 2-13 Vegetated Corridor Condition: Degraded Enhancement of Remaining Vegetated Corridor Required: X Square Footage to be enhanced: 653 Encroachments into Pre-Development Vegetated Corridor: Type and location of Encroachment: Square Footage: Single Family Residence; Partial VC Reduction (Unbuildable lot status Section 3.01.3 4,047 Mitigation Requirements: Type/Location Sq. Ft./Ratio/Cost On-Site Vegetated Corridor Enhancement—Mitigation in-place for temporary construction impacts 653 X Conditions Attached X Development Figures Attached ( ) X Planting Plan Attached Geotech Report Required This Service Provider Letter does NOT eliminate the need to evaluate and protect water quality sensitive areas if they are subsequently discovered on your property. Pane I of CWS Flle Number 14-000669 In order to comply with Clean Water Services water quality protection requirements the project must comply with the following conditions: 1. No structures, development, construction activities, gardens, lawns, application of chemicals, uncontained areas of hazardous materials as defined by Oregon Department of Environmental Quality, pet wastes, dumping of materials of any kind, or other activities shall be permitted within the sensitive area or Vegetated Corridor which may negatively impact water quality, except those allowed in R&O 07-20, Chapter 3. 2. Prior to any site clearing, grading or construction the Vegetated Corridor and water quality sensitive areas shall be surveyed, staked, and temporarily fenced per approved plan. During construction the Vegetated Corridor shall remain fenced and undisturbed except as allowed by R&O 07-20, Section 3.06.1 and per approved plans. 3. If there is any activity within the Sensitive Area, the applicant shall gain authorization for the project from the Oregon Department of State Lands (DSL) and US Army Corps of Engineers (USACE). The applicant shall provide Clean Water Services or its designee (appropriate city) with copies of all DSL and USACE project authorization permits. 4. An approved Oregon Department of Forestry Notification is required for one or more trees harvested for sale, trade, or barter, on any non-federal lands within the State of Oregon. 5. Prior to ground disturbance an Erosion Control Permit is required from the City of Tigard. Appropriate Best Management Practices (BMP's) for Erosion Control, in accordance with Clean Water Services' Erosion Prevention and Sediment Control Planning and Design Manual, shall be used prior to, during, and following earth disturbing activities. 6. Prior to construction, a Stormwater Connection Permit from Clean Water Services or its designee is required pursuant to Ordinance 27, Section 4.B. 7. Activities located within the 100-year floodplain shall comply with R&O 07-20, Section 5.10. 8. Removal of native, woody vegetation shall be limited to the greatest extent practicable. 9. Should final development plans differ significantly from those submitted for review by Clean Water Services, the applicant shall provide updated drawings, and if necessary, obtain a revised Service Provider Letter. SPECIAL CONDITIONS 10. For Vegetated Corridors up to 50 feet wide, the applicant shall enhance the entire Vegetated Corridor to meet or exceed good corridor condition as defined in R&O 07-20, Section 3.14.2, Table 3-3. 11. Prior to any site clearing, grading or construction, the applicant shall provide Clean Water Services with a Vegetated Corridor enhancement/restoration plan. Enhancement/restoration of the Vegetated Corridor shall be provided in accordance with R&O 07-20, Appendix A, and shall include planting specifications for all Vegetated Corridor, including any cleared areas larger than 25 square feet in Vegetated Corridor rated ""good."" 12. Prior to installation of plant materials, all invasive vegetation within the Vegetated Corridor shall be removed per methods described in Clean Water Services' Integrated Pest Management Guide, 2012, During removal of invasive vegetation care shall be taken to minimize impacts to existing native tree and shrub species. 13. Clean Water Services shall be notified 72 hours prior to the start and completion of enhancement/restoration activities. Enhancement/restoration activities shall comply with the guidelines provided in Landscape Requirements (R&0 07-20, Appendix A). 14. Maintenance and monitoring requirements shall comply with R&O 07-20, Section 2.11.2. If at any time during the warranty period the landscaping falls below the 80% survival level, the owner shall reinstall all deficient planting at the next appropriate planting opportunity and the two year maintenance period shall begin again from the date of replanting. 15. Clean Water Services shall require an easement over the Vegetated Corridor conveying storm and surface water management to Clean Water Services that would prevent the Page 2 of 3 CWS File Number 14-000669 owner of the Vegetated Corridor from activities and uses inconsistent with the purpose of the corridor and any easements therein. FINAL PLANS 16. Final construction plans shall include landscape plans. In the details section of the plans, a description of the methods for removal and control of exotic species, location, distribution, condition and size of plantings, existing plants and trees to be preserved, and installation methods for plant materials is required. Plantings shall be tagged for dormant season identification and shall remain on plant material after planting for monitoring purposes. 17. A Maintenance Plan shall be included on final plans including methods, responsible party contact information, and dates (minimum two times per year, by June 1 and September 30). 18. Final construction plans shall clearly depict the location and dimensions of the sensitive area and the Vegetated Corridor(indicating good, marginal, or degraded condition). Sensitive area boundaries shall be marked in the field. 19. Protection of the Vegetated Corridors and associated sensitive areas shall be provided by the installation of permanent fencing and signage between the development and the outer limits of the Vegetated Corridors. Fencing and signage details to be included on final construction plans. This Service Provider Letter is not valid unless CWS-approved site plan is attached. Please call (503) 681-363 with any questions. c_. %v 'Zte Laurie Harris Environmental Plan Review Attachments ( 3 ) Page 3 of 3 SW 97th Avenue and SW McDonald Street Vegetated Corridor and Wetland Planting Specification Tables October 28, 2014 Vegetated corridor planting of the remnant existing degraded vegetated corridor area to good condition(653 square feet): Scientific Name Common Name Size* Spacing I Seeding Quantity Rate** Trees(total 7) Acer circinatum red alder 2 gallon 10 feet on center 1 Alnus rubra vine maple 2 gallon 10 feet on center 3 Corpus nuttallii Pacific flowering dogwood 1 gallon 10 feet on center 1 Prunus emarginata bitter cherry 2 gallon 10 feet on center 2 Shrubs(total 33) Corpus stolonifera(sericea) red-osier dogwood 1 gallon 5 Mahonia nervosa Cascade Oregon grape 1 gallon 12 Oemleria cerasiformis Indian plum 2 gallon 4-5 feet on center in 2 Physocarpus capitatus Pacific ninebark 2 gallon clusters 6 Ribes sanguineum red-flowering currant 1 gallon 3 Symphoricarpus albus snowberry 1 gallon 5 Seed Mix Agrostis exarata spike bentgrass seed 1 lb pls/acre 0.01 lb Deschampsia elongata slender hairgrass seed 2 lbs pls/acre 0.02 lb 1 *Containerized stock shall be installed only from February 1 through May 1 and October 1 through November 15. Bare root stock may be substituted and shall be installed only from December 15 through April 15. **Cluster=group 3 to 4 plants of the same species.Seeding rate: pure live seed(pis)pounds per acre. Wetland enhancement seeding(1,501 SF or 0.03 acre): Scientific Name I Common Name _ Type Seeding Rate** I Quantity Seed Mix Agrostis exarata spike bentgrass seed 1 lb pls/acre 0.03 lb Deschampsia elongata slender hairgrass seed 2 lbs pls/acre 0.06 lb (115611k 69J1-000“.ca Appi-c. Clean Wa, :, evtvirovtwiet,-ft.l occ.vl rev yew 1 ay L-Vvi tri- lk(-2_(bi-( '9PL Apt-WQ-v 3` 3 SWCA Environmental Consultants Project 29286