HomeMy WebLinkAboutD_CedarRiverTreeRemoval_FinalDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_CedarRiverTreeRemoval_Final
PLANNING DIVISION
ROUTINE VEGETATION MANAGEMENT PERMIT
AND CERTIFICATE OF EXEMPTION FROM
CRITICAL AREA REGULATIONS
EVALUATION FORM & DECISION
DATE OF DECISION: May 17, 2023
PROJECT NUMBER: LUA23-000153, RVMP, CAE
PROJECT NAME: Cedar River Tree Removal
PROJECT MANAGER: Andrew Van Gordon, Associate Planner
APPLICANT: City of Renton Parks and Recreation, Attn: Ian Gray
1055 S Grady Way, Renton, WA 98057
OWNER: City of Renton
1055 S Grady Way, Renton WA 98056
CONTACT: Ian Gray
1055 S Grady Way, Renton, WA 98057
PROJECT LOCATION: Within the Cedar River Waterway from the left bank (APN 2123059069),
opposite from 969 Shelton Ave SE
PROJECT DESCRIPTION: The applicant is requesting approval of a Routine Vegetation Management
Permit (RVMP) and Critical Area Exemption (CAE) to allow for the removal of
one (1) fallen Black Cottonwood. 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 tree fell
from APN 2123059069 into the Cedar River; the property is approximately
1,089,000 square feet (25 acres) in size. The property is located within the
Resource Conservation (RC) zone. The subject property is in the Shoreline
Master Program (SMP) Shoreline Urban Conservancy designation and Cedar
River Reach C jurisdiction. The fallen tree is located within the Shoreline Urban
Conservancy and Shoreline High Intensity designations. Vegetation
management is not considered development in SMP overlays.
The applicant proposes to remove one (1) Black Cottonwood. The tree was
originally located on the left bank of the Cedar River; it now lies within the
Cedar River Waterway nearly bank to bank. Per the provided documents
DocuSign Envelope ID: 40D06995-6481-4694-9947-631621D64321
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
Cedar River Tree Removal LUA23-000153, RVMP, CAE
Permit Date: May 17, 2023 Page 2 of 6
D_CedarRiverTreeRemoval_Final
(Attachment 1) if left in its current position, the tree will become a hazard to
river users.
CRITICAL AREA: Flood Hazard; Floodway: FEMA Zone AE; Seismic Hazard Area: High; Wellhead
Protection Area: Maplewood Zone 1 Modified
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 tree being removed is predominantly within the Cedar River
Waterway with a small portion on APN 2123059069. The parcel is heavily treed and
would maintain a minimum of 30% of significant trees. Based on the number of
trees visible from COR Maps the property would be meeting minimum tree credit
requirements.
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 Flood
Hazard; Floodway: FEMA Zone AE; Seismic Hazard Area: High; Regulated
Shoreline: Cedar River Reaches: CR-C; Wellhead Protection Area: Maplewood Zone
1 Modified.
Removal of high-risk trees is an exempt activity within critical areas. A written
report was provided by a certified arborist identifying the Black Cottonwood as a
high-risk tree.
A high-risk tree is any tree that has been certified in a written arborist report,
prepared by an arborist with an ISA Tree Risk Assessment Qualifications (TRAQ),
as possessing the following ISA Tree Risk Assessment characteristics:
1. The tree has a probably or imminent likelihood of failure; and
2. The tree has a medium or high likelihood of impact; and
3. The consequences of failure for the tree are significant or severe.
Per the arborist report (Attachment 1), authored by Ian Gray: Urban Forestry
Resource Manager, the tree has already failed as the tree has toppled and fallen
into the Cedar River Waterway. If the tree is not removed from its current location,
it will pose a hazard to river users.
DocuSign Envelope ID: 40D06995-6481-4694-9947-631621D64321
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
Cedar River Tree Removal LUA23-000153, RVMP, CAE
Permit Date: May 17, 2023 Page 3 of 6
D_CedarRiverTreeRemoval_Final
Shoreline regulations apply to all use and development activities w ithin the
shoreline. The tree is located within the Shoreline Urban Conservancy and
Shoreline High Intensity/Cedar River Reaches C designations and is within the 100-
foot (100’) vegetation conservation buffer. Removal of a tree does not meet the
definition of development within shorelines. Removal of the Black Cottonwood
does not meet the applicability of development and therefore a shoreline permit
is not required although the removal still needs to meet shoreline requirements
and other associated critical area regulations. A Routine 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 defined as a tree with a caliper
of 24 inches (24”) or greater, except for Big Leaf Maples, Black Cottonwoods and
Red Alder Trees which qualify as landmark trees with a caliper of 30 inches (30”)
or greater. The Black Cottonwood has a caliper of 20 inches (20”) and is therefore
not a landmark tree.
YES 4. Street frontage and parking lot trees and landscaping shall be preserved unless
otherwise approved by the Administrator.
Staff Comments: Not applicable. The tree proposed for removal is not a street
frontage, parking lot or landscaping tree.
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: The tree is located within the shoreline vegetation conservation
buffer. Native riparian vegetation is required to be maintained and enhanced as
part of flood control management programs along the Cedar River C regulated
shoreline. The proposal is to cut the trunk at strategic points to free the tree and
accumulated debris. This should allow it to float downriver. All other riparian
DocuSign Envelope ID: 40D06995-6481-4694-9947-631621D64321
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
Cedar River Tree Removal LUA23-000153, RVMP, CAE
Permit Date: May 17, 2023 Page 4 of 6
D_CedarRiverTreeRemoval_Final
vegetation within the buffer will be maintained.
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: Native riparian vegetation would be maintained within the
shoreline vegetation conservation buffer after removal of the tree. See Routine
Vegetative Management Plan Review Criteria 5 for additional screening
information.
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) high-risk tree. Provided documentation 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.
YES 8. The land clearing and tree removal shall be consistent with the requirements of
the Shoreline Master Program, pursuant to RMC 4-3-090F1, Vegetation
Conservation, and RMC 4-4-130, Tree Retention and Land Clearing Regulations
Staff Comments: Removal of a tree does not meet the definition of development
within shorelines, and therefore does not require a shoreline substantial
development permit or shoreline exemption. A Routine Vegetation Management
Permit is required for the maintenance of any trees within the vegetation
conservation buffer if the work is not included in another land use permitting
process. See Routine Vegetation Management Findings above for additio nal
information.
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 Black Cottonwood.
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 provided documentation, it is recommended
that the tree be removed to prevent a hazard to river users.
DocuSign Envelope ID: 40D06995-6481-4694-9947-631621D64321
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
Cedar River Tree Removal LUA23-000153, RVMP, CAE
Permit Date: May 17, 2023 Page 5 of 6
D_CedarRiverTreeRemoval_Final
iii. Impacts are minimized and, where applicable, disturbed areas are immediately
restored;
Staff Comment: Only the Black Cottonwood would be removed. The applicant
proposes to retain the tree as large woody debris once is has been freed within
the critical areas and shoreline vegetation conservation buffer. 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: No other vegetation besides the Black Cottonwood is proposed
for removal. The tree will be retained as large woody debris in the critical area
and shoreline vegetation conservation buffer. See Critical Area Exemption
Criteria iii for additional information.
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: Cedar River Tree Removal, RVMP, CAE for the removal of one (1) Black Cottonwood tree as
shown in the arborist report (Attachment 1) is Approved .
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.
DocuSign Envelope ID: 40D06995-6481-4694-9947-631621D64321
5/17/2023 | 3:57 PM PDT
City of Renton Department of Community & Economic Devel opment Routine Vegetation Management Permit
Cedar River Tree Removal LUA23-000153, RVMP, CAE
Permit Date: May 17, 2023 Page 6 of 6
D_CedarRiverTreeRemoval_Final
APPEALS: Appeals of permit issuance must be filed in writing on or before 5:00 p.m. on May 31, 2023.
An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-
680). Appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City
Hall 1st floor Lobby Hub Monday through Friday. The appeal fee, normally due at the time an appeal is
submitted, will be collected at a future date if your appeal is submitted electronically. The appeal submitted in
person may be paid on the first floor in our Finance Department. 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.
Attachment:
Attachment 1: Arborist Report authored by Ian Gray
DocuSign Envelope ID: 40D06995-6481-4694-9947-631621D64321
1
Andrew Van Gordon
From:Ian Gray
Sent:Friday, May 5, 2023 4:04 PM
To:Andrew Van Gordon
Cc:Jill Ding
Subject:RE: new cottonwood issue on Cedar River - Shoreline exemption required
Hi Andrew,
Thanks for the quick reply!
No part of the tree is on the private property at 969 Shelton (just…). The tree can be accessed without crossing private
property, if needed.
There are no secondary options for mitigation – by making a couple of cuts to the main log at least some of the
obstruction will be able to float away, if not all. The City is under no obligation to completely open the river channel and
as always, river users use it at their own risk. The primary goal of the mitigation process is to at least open a portion of
the river channel and clear some of the tree that fell from the other side of the river from a city-owned parcel.
Hopefully that answers your questions.
Best,
Ian Gray
Urban Forestry & Natural Resources Manager
Phone: 425-430-6601 Email: IGray@RentonWA.gov
From: Andrew Van Gordon <AVanGordon@rentonwa.gov>
Sent: Friday, May 5, 2023 3:45 PM
To: Ian Gray <IGray@Rentonwa.gov>
Cc: Jill Ding <JDing@Rentonwa.gov>
Subject: RE: new cottonwood issue on Cedar River - Shoreline exemption required
Hi Ian,
A Routine Vegetation Management Permit and Critical Areas Exemption would be required for removal of the tree. It
would be like the other two reviews that I’ve done for tree maintenance near Liberty Park. I can begin to create the land
use application permit. If you could provide some additional information about how the tree will be cut and what the
secondary option would be if the first option doesn’t work. Also, is the tree on 969 Shelton Ave SE or is it only in the
river next to the lot? I ask because if it’s on 969 Shelton Ave SE we’d need to get their approval for work to be done. This
would require a Master Application signed and notarized by the property owner.
DocuSign Envelope ID: 40D06995-6481-4694-9947-631621D64321
2
Thank you.
ANDREW VAN GORDON, Associate Planner
City of Renton | CED | Planning Division
1055 S Grady Way | 6th Floor | Renton, WA 98057
Virtual Permit Center | Online Applications and Inspections
(425) 430-7286 | avangordon@rentonwa.gov
From: Ian Gray <IGray@Rentonwa.gov>
Sent: Friday, May 5, 2023 1:25 PM
To: Andrew Van Gordon <AVanGordon@rentonwa.gov>
Cc: Jill Ding <JDing@Rentonwa.gov>
Subject: new cottonwood issue on Cedar River - Shoreline exemption required
Importance: High
Good afternoon,
I have a further cottonwood tree issue on the Cedar River – failed tree is lying bank to bank and I need to process a
shoreline exemption as quickly as possible. Would you be so kind as to assist with this again? I am getting an interfund
transfer processing for the permit fee as we speak. Please see the attached simple document for location information.
Thank you!
Ian Gray
Urban Forestry & Natural Resources Manager
Phone: 425-430-6601 Email: IGray@RentonWA.gov
DocuSign Envelope ID: 40D06995-6481-4694-9947-631621D64321
New Cottonwood Tree Issue in Cedar River
A new tree issue has emerged involving another cottonwood tree falling from City of
Renton property. A Black cottonwood tree approximately 20” inches in diameter has
fallen from a city parcel (ID number 2123059069) opposite 969 Shelton Ave SE. It lies
bank to bank, completely straddling the river and poses a clear risk to river users. The
Urban Forestry division proposes to cut the trunk at a couple of strategic points to free
the tree and accumulating debris. Hopefully, this allow it to float away. The Washington
Department of Fish and Wildlife is on board with this solution but nonetheless requires
us to apply for a Hydraulic Project Approval. A first step will be obtaining a further
Shoreline Exemption from the City of Renton and a Routine Vegetation Management
Permit. Locations details are included below.
DocuSign Envelope ID: 40D06995-6481-4694-9947-631621D64321