HomeMy WebLinkAboutD_VEK_on_Aberdeen_CAE_250805_FINALDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_VEK_on_Aberdeen_CAE_250805_FINAL
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM CRITICAL AREAS REGULATIONS
EVALUATION FORM & DECISION
DATE OF DECISION: August 5, 2025
PROJECT NUMBER: LUA25-000245, CAE
PROJECT NAME: VEK on Aberdeen CAE
PROJECT MANAGER: Mariah Kerrihard, Associate Planner
APPLICANT/OWNER: Viewcrest Capital LLC
1400 112th Ave SE, Bellevue, WA 98004
CONTACT: Briana Cannon, Encompass Engineering and Surveying
165 NE Juniper St, Suite 201, Issaquah, WA 98027
PROJECT LOCATION: 957 Aberdeen Ave NE, Renton, WA 98056 (APN 3119900066)
PROJECT DESCRIPTION: The applicant is requesting a Critical Areas Exemption for the installation of the
storm drainage line within critical areas and associated buffers (Attachment A). The subject site is located at
957 Aberdeen Ave NE (APN 3119900066). The subject site is 54,057 square feet (1.24 acres) and is located
in the Residential Multi-Family (RMF) zoning district and the Residential High Density (RHD) land use
designation. The site currently contains one (1) single-family residence and several accessory structures, all
of which are proposed for removal in order to construct two (2) new townhome buildings, each with six (6)
units. The applicant received conditional approval in 2021 for preliminary plat, unit lot subdivision, Hearing
Examiner site plan review, environmental (SEPA) review, street modification, open space modification, and
a unit lot drive modification for construction of the 12 townhomes at the subject site (LUA19-000280). The
Hearing Examiner’s decision included 27 conditions of approval. Condition #5 required the applicant to
submit a critical area letter of exemption request for the installation of the storm drainage line within the
geologic hazard area, stream buffer area, and wetland buffer area. In addition, the condition included that
the request shall identify how it meets the exemption criteria for the installation of the storm drainage line
within the stream and wetland buffer areas and if it is determined the action is not exempt, the applicant
would be required to obtain approval via a separate critical areas permit, variance, or other applicable permit
prior to civil construction permit issuance, or the applicant would be required to design an alternative
method of conveyance that does not require the encroachment into the stream and wetland buffers. The
exemption request is required to be reviewed and issued prior to or concurrent with the civil construction
permit issuance.
On March 14, 2025, the applicant applied for a civil construction permit for the VEK on Aberdeen proposal
(C25001302). According to the Wetland Buffer Mitigation Plan, prepared by Beaver Creek Environmental
Services, Inc., dated February 25, 2025 (Attachment B), an aboveground tightline system, designed to convey
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City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations
VEK on Aberdeen CAE LUA25-000245, CAE
Permit Date: August 5, 2025 Page 2 of 5
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stormwater runoff from the developed portion of the site over the on-site steep slopes, is proposed within
the existing stream and wetland buffer areas. The report states that the proposed homesites and associated
utilities were designed to avoid adversely impacting the identified on-site wetlands and stream. The report
clarifies that, because of the precipitous nature of the site, collected stormwater must be released where
the stream channel gradient diminishes. All vaults and collection facilities would be located outside the
stream buffer. Stormwater would be transported to the Rock-lined Pipe Discharge Protector by an elevated
pipe. The pipe traverses 231 square feet of wetland and stream buffer to reach the 84-square-foot Discharge
Protector. This stormwater design would result in a permanent impact to the critical areas buffer of 315
square feet. The pipe would not cross the regulated stream and is situated as far from the wetland and
stream as practical. According to City of Renton (COR) Maps, this site is mapped with high landslide hazards,
high erosion hazards, a Category III Wetland, a Type Ns stream (Johns Creek), and protected and sensitive
slopes.
CRITICAL AREA: High landslide hazards, high erosion hazards, protected and sensitive slopes, a
Category III Wetland, and a Type Ns stream (Johns Creek).
EXEMPTION JUSTIFICATION: Renton Municipal Code, Section 4-3-050C.3.d.iv., Storm Drainage Piping. A
Critical Areas Letter of Exemption may be issued for installation of new storm drainage lines in any geologic
hazard area when a geotechnical report clearly demonstrates that the installation would comply with the
criteria listed in RMC 4-3-050J.1 and that the installation would be consistent with each of the purposes of
the critical area regulations listed in RMC 4-3-050A. Also, to qualify for the exemption, the report must
propose appropriate mitigation for any potential impacts identified in the report.
RMC 4-3-050C.4.a.iii, Stormwater Conveyance in Buffer. A Critical Areas Letter of Exemption may be
issued for necessary conveyance systems including stormwater dispersion outfall systems designed to
minimize impacts to the wetland and stream buffer and critical area, where the site topography requires their
location within the buffer to allow hydraulic function provided the standard buffer zone area associated with
the critical area classification is retained pursuant to RMC 4-3-050G.2, and the conveyance system is sited
to reduce impacts between the critical area and surrounding activities.
CRITICAL AREA EXEMPTION FINDINGS:
The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.2.d:
YES 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 Comments: The proposed activity, storm drainage piping via a Rock-lined Pipe
Discharge Protector using an elevated pipe for installation of new storm drainage lines
within a geologic hazard area, is considered an exempt activity permitted within critical
areas and their associated buffers. Necessary conveyance systems including stormwater
dispersion outfall systems designed to minimize impacts to the buffer and critical area are
exempt activities and are permitted within habitat conservation areas, streams and lakes,
and wetlands according to the City of Renton’s Critical Areas Regulations. This decision
does not exempt the applicant from any other agency approvals needed to do the proposed
work.
YES ii. The activity will be conducted using best management practices as specified by industry
standards or applicable Federal agencies or scientific principles;
Staff Comments: The proposed work would be completed in a manner that limits impacts
on native vegetation. The applicant submitted a Geotechnical Engineering Report,
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City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations
VEK on Aberdeen CAE LUA25-000245, CAE
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prepared by The Riley Group, Inc. (RGI), dated November 27, 2018, and subsequently
revised on September 2, 2020 (Attachment C) with the project application. The applicant
also submitted a supplemental response letter to comments from RGI, dated April 23, 2020
(Attachment D), in response to staff comments regarding the steep slopes. This letter
states that RGI completed a stability analysis for the currently proposed conditions and
proposed drainage facilities. Based on the stability analysis, RGI did not recommend
additional buffers for the steep slopes. In addition, RGI concluded that the proposal was
feasible from a geologic perspective and did not recommend further mitigation for the
proposed aboveground drainage lines within the geologic hazardous areas. Independent
secondary review was completed for the subject project in accordance with RMC 4-3-
050F.6. GeoEngineers prepared a Geotechnical Engineering Review analysis of the
proposed project, dated October 15, 2020 and October 30, 2020 (Attachment E), in
response to RGI’s engineering review. GeoEngineers concluded that the project can be
constructed generally as envisioned without causing undue risk to the public provided that
the recommendations in the project’s geotechnical report are incorporated into the design
and followed during construction.
Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971
as amended), on April 5, 2021, based on an analysis of probable impacts from the proposal,
the Environmental Review Committee issued a Determination of Non-Significance -
Mitigated (DNS-M) for the VEK on Aberdeen Townhomes Plat. The DNS-M included two (2)
mitigation measures:
1. Project construction shall comply with the recommendations found in the
Geotechnical Report prepared by The Riley Group, Inc. (dated November 27, 2018) for the
proposed Unit Lot Subdivision, and any updated report(s) associated with the building
and construction permits to ensure compliance with the intent of the initial report.
2. The applicant’s geotechnical engineer shall review the project’s construction and
building permit plans to verify compliance with the geotechnical report(s). The
geotechnical engineer shall submit a sealed letter stating that he/she has reviewed the
construction and building permit plans and in their opinion the plans and specifications
meet the intent of the report(s).
YES iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored;
Staff Comments: According to the applicant, the mitigation plan states that, per the
revised Geotechnical Engineering Report prepared by RGI (Attachment C), stormwater
directed toward the downstream steep slope must be piped in a closed conduit installed
on the slope face and discharged beyond the toe of the slope. Therefore, the proposed
outfall location was selected in order to allow the tightline stormwater pipe to discharge
beyond the toe of the slope, where graders are less than 15%. In addition, the proposed
tightline stormwater pipe alignment was selected in order to avoid disturbance of all
protected significant trees within the Critical Area tract. In order to connect the required
tightline system to the outfall location with minimal disturbance of significant trees, the
stormwater pipe must parallel the stream for a short portion of the alignment. The
mitigation plan concludes that the proposal avoids paralleling the stream to the maximum
extent feasible, while still meeting the Critical Area tract tree retention requirements and
the storm discharge location requirements of the Geotechnical Engineer of Record. The
mitigation plan states that the goal of the mitigation proposal is to fully compensate for the
unavoidable adverse impact to regulated buffer areas. The plan further contends that upon
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VEK on Aberdeen CAE LUA25-000245, CAE
Permit Date: August 5, 2025 Page 4 of 5
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completion of the mitigation plan, there would be no net loss of wetland acreage, functions,
or values, and that the potential for the buffer to protect aquatic habitats will increase. The
proposal includes removal of invasive species and buffer enhancement planting. The
development impact to the Wetland A buffer & stream is 315 square feet. As mitigation for
the unavoidable impact to 315 square feet of the regulated Category III Wetland buffer and
Type Ns stream buffer, the retained on-site wetland of 282 square feet and 33 square feet
of buffer would be enhanced with native trees and shrubs. See Attachment B for selected
plant communities and plants selected. The applicant is proposing compensation for
wetland buffer impacts to meet the standard enhancement and restoration ratio of one to
one (1:1). The mitigation plan follows the required mitigation sequencing of avoidance,
minimization, and mitigation. According to the submitted plan, all project elements are
moved outside of the wetland buffer boundary, except the pipe and outlet, which must be
located at the outlet elevation for flow. The project does not cross the creek, which avoids
stream impacts. The pipe is the minimum length necessary to site the splash block. The
on-site wetland, which is lacking vegetation, would be enhanced by planting trees and
shrubs. As a result, the proposed mitigation for buffer impacts includes the enhancement
of degraded buffers by planting native species which are anticipated to increase plant
diversity, match present on-site communities, increase wildlife habitats, and enhance the
aquatic environment, along with other restoration measures within the project site.
As required by LUA19-000280, a final detailed wetland mitigation plan shall be submitted
for review and approval by the Current Planning Manager prior to civil construction permit
issuance.
YES 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 Comments: No in-water work is proposed. The project has been designed to
minimize impacts to buffers by utilizing native vegetation for stabilization and filtration,
maintaining existing vegetated areas and limiting disturbance. Erosion and sediment
control measures will be implemented during construction, and stormwater will be
directed away from sensitive buffer areas through engineered drainage.
N/A 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 Comments: Not applicable. It is not anticipated that the proposal would result in
hazardous materials infiltrating the groundwater as the proposed work is located outside
any Wellhead Protection Area.
DECISION: An exemption from the Critical Areas Regulations is hereby Approved .
SIGNATURE & DATE OF DECISION:
Docusign Envelope ID: C3E417A5-870A-4136-8550-E087415A9E06
City of Renton Department of Community & Economic Development Certificate of Exemption From Critical Areas Regulations
VEK on Aberdeen CAE LUA25-000245, CAE
Permit Date: August 5, 2025 Page 5 of 5
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________________________________________ ____________________________________
Matthew Herrera, 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 to 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: This administrative land use decision will become final if not appealed in writing to the
Hearing Examiner on or before 5:00 PM on August 19, 2025. 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: Two (2) years from the date of decision (date signed).
ATTACHMENTS:
Attachment A: Critical Areas Letter of Exemption Request, prepared by Beaver Creek Environmental
Services, Inc., dated February 25, 2025
Attachment B: Wetland Buffer Mitigation Plan, prepared by Beaver Creek Environmental Services, Inc.,
dated February 25, 2025
Attachment C: Revised Geotechnical Engineering Report, prepared by The Riley Group, Inc., dated
November 27, 2018, and subsequently revised on September 2, 2020
Attachment D: Supplemental Response Letter to Comments, prepared by The Riley Group, Inc., dated April
23, 2020
Attachment E: Geotechnical Engineering Review Letters, prepared by GeoEngineers, dated October 15,
2020, and October 30, 2020
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8/5/2025 | 12:39 PM PDT