HomeMy WebLinkAboutSR_HEX Broodstock_211101_v4_FINALDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
Project Location Map
SR_HEX Broodstock_211101
A. REPORT TO THE HEARING EXAMINER
Hearing Date: November 9, 2021
Project File Number: PR21-000102
Project Name: SPU Broodstock Collection Facility Replacement
Land Use File Number: LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Project Manager: Alex Morganroth, Senior Planner
Owner: City of Renton, 1055 S Grady Way, Renton
Applicant/Contact: Tessa Gardner, Floyd Snider / 601 Union Ave, Seattle, WA 98101 /tessa.gardner-
brown@floydsnider.com
Project Location: 1715 Maple Valley Hwy (APN 1723059013, 1723059014), Cedar River Mile 1.7
Project Summary: The applicant is requesting Hearing Examiner Site Plan Review, a Hearing Examiner
Conditional Use Permit, a Shoreline Substantial Development Permit, a Shoreline
Conditional Use Permit, and a Shoreline Variance in order to replace the existing
sockeye salmon broodstock collection facility (BCF). The City of Seattle, acting as the
SEPA lead agency, issued a Determination of Non-Significance on October 22, 2020.
No appeals were filed. The project site is at River Mile 1.7 of the Cedar River in
Renton, Washington, immediately upstream of WSDOT’s I-405 bridge over the
Cedar River. Development would occur in the Cedar River and along its south bank
on parcel 1723059014 owned by the City of Renton. There is no site address
associated with this parcel. Work would also occur on WSDOT-owned parcel
1723059179 where development would widen an existing access road. Both upland
sites are located in the Commercial-Office-Residential (COR) zone and are
designated Commercial-Office-Residential (COR) in the City’s Comprehensive Plan.
The existing parking lot on the parcel would be used temporarily for construction
staging. Construction access/staging would also occur on the north side of the river
on parcel 1723059013 (Cedar River Park) owned by the City of Renton and in WSDOT
right-of-way for I-405. In 2008, Seattle Public Utilities constructed the original BCF
at river mile 1.7 on the Cedar River, within the City of Renton. The BCF was
constructed to facilitate on-going fish collection activities in support of the Cedar
River Hatchery, located upstream. The Cedar River Hatchery program was
established to satisfy terms of the Landsburg Mitigation Agreement, which is
intended to mitigate for habitat loss for sockeye salmon above the Landsburg
Diversion Dam. The purpose of the BCF Replacement Project is to replace the
existing BCF with a new facility. Replacement is expected to improve operations at
higher river flows, which will help to fulfill the goal of sufficient genetic diversity over
a longer Sockeye collection period for the Cedar River Hatchery, given the ability to
operate later into the season. Replacement of the existing BCF will also improve
safety for facility operators by minimizing operational maintenance needs. Work
proposed by the applicant includes construction of a new in-water concrete sill on
the bed of the Cedar River, construction of a new concrete retaining wall to support
the boat ramp on the south side of the river, reconstruction of a portion of the boat
ramp below the OHWM, and widening of the access road that connects the boat
ramp to Houser Way S. During construction, the site would be accessed via both the
boat ramp access road on the south of the river and Cedar River Park Dr on the north
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 2 of 40
SR_HEX Broodstock_211101
side of the drive. Staging of equipment would occur on both sides of the river.
Project construction would occur over two seasons starting in late spring 2022 and
ending in the fall of 2023. The applicant anticipates no net loss of ecological
functions and proposes the construction of riparian and channel margin
enhancement on a 10,900 sq. ft. of low flood terrace and gravel bar near the project
site. In addition, the applicant has proposed the installation of large woody material
to increase aquatic habitat complexity, removal of invasive species, and planting of
native trees and shrubs. Critical areas on the site include sensitive slopes, steep
slopes, a high seismic hazard area, a habitat conservation area, the wellhead
protection area zone 1, and a flood hazard area. The site also located within Reach
C of the Cedar River regulated shoreline area and includes the Urban Conservancy,
High Intensity, and Aquatic Shoreline designations. The applicant submitted a
biological assessment, drainage report, critical areas report, and geotechnical report
with the project application.
Site Area: 0.5
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 3 of 40
SR_HEX Broodstock_211101
B. EXHIBITS:
Exhibit 1: Staff Report to the Hearing Examiner
Exhibit 2: SEPA Determination of Non-Significance, dated October 8, 2020
Exhibit 3: Plan Drawings
Exhibit 4: Shoreline Mitigation Plans
Exhibit 5: Biological Assessment, prepared by Confluence Environmental Company, dated July 30,
2020
Exhibit 6: Critical Areas Report, prepared by Confluence Environmental Company, dated July 30,
2020
Exhibit 7: Drainage Report, Prepared prepared by McMillen Jacobs Associates, dated January 31,
2020
Exhibit 8: Draft Geotechnical Report, prepared by McMillen Jacobs Associates, dated June 2019
Exhibit 9: Flood No Net Rise Certificate, prepared by McMillen Jacobs Associates, dated November
2020
Exhibit 10: Advisory Notes
Exhibit 11: Project Description
C. GENERAL INFORMATION:
1. Owner(s) of Record: City of Renton, 1055 S Grady Way, Renton, WA 98406
2. Zoning Classification: Urban Design District C
3. Comprehensive Plan Land Use Designation: Commercial Office Residential (COR)Urban Design
District C
4. Existing Site Use: Cedar River, Cedar River Park
5. Critical Areas: Sensitive slopes, Steep slopes, High Seismic Hazard
area, Habitat Conservation Area, Wellhead Protection
Area Zone 1, Flood Hazard Area
6. Neighborhood Characteristics:
a. North: Renton Community Center; Commercial Office Residential (COR) Zone
b. East: Cedar River Dog Park; Resource Conservation (RC) Zone
c. South: Cedar River Dog Park; Resource Conservation (RC) Zone
d. West: I-405 ROW
7. Site Area: 0.5
D. HISTORICAL/BACKGROUND:
Action Land Use File No. Ordinance No. Date
Annexation N/A 738 03/17/1925
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 4 of 40
SR_HEX Broodstock_211101
Windsor Hills Annexation N/A 1212 04/20/1945
Site Plan Review, Shoreline
Substantial Development Permit,
Conditional Use Permit
LUA08-018 N/A 08/21/2008
Comprehensive Plan N/A 5758 06/22/2015
Zoning N/A 5758 06/22/2015
E. PUBLIC SERVICES:
1. Existing Utilities
a. Water: The site is located in the City of Renton’s water service area. No water service is provided to
the site due to the nature of the use.
b. Sewer: The site is located in the City of Renton’s sewer service area. No water service is provided to
the site due to the nature of the use.
c. Surface/Storm Water: No public or private stormwater conveyance system is located near the project
site.
2. Streets: The site is accessed via a 16-foot wide paved private drive (owned by the City of Renton) used to
access the boat ramp and adjacent dog park.
3. Fire Protection: Renton Regional Fire Authority (RRFA)
F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE:
1. Chapter 2 Land Use Districts
a. Section 4-2-020: Purpose and Intent of Zoning Districts
b. Section 4-2-070: Zoning Use Table
2. Chapter 3 Environmental Regulations
a. Section 4-3-050: Critical Area Regulations
b. Section 4-3-090: Shoreline Master Program Regulations
3. Chapter 4 Property Development Standards
4. Chapter 9 Permits - Specific
a. Section 4-9-030: Conditional Use Permit
b. Section 4-9-190: Shoreline Master Program Regulations
c. Section 4-9-200: Master Plan and Site Plan Review
d. Section 4-9-250: Variances, Waivers, Modifications, and Alternates
5. Chapter 10 Legal Nonconforming Structures, Uses, and Lots
a. Section 4-10-095: Shoreline Master Program, Nonconforming Uses, Activities, Structures, and Sites
6. Chapter 11 Definitions
G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN:
1. Land Use Element
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 5 of 40
SR_HEX Broodstock_211101
H. FINDINGS OF FACT (FOF):
1. The Planning Division of the City of Renton accepted the above master application for review on August
26, 2021 and determined the application complete the same day. The project complies with the 120-day
review period.
2. The project site is located 1715 Maple Valley Hwy (APN 1723059013, 1723059014), Cedar River Mile 1.7.
3. The upland portion of the project site is currently developed with the Cedar River Community Center and
Cedar River Park.
4. Access to the site would be provided via the access road to the Cedar River Community Center to the
north of the river, as well as the boat launch access road to the south of the river.
5. The property is located within the Commercial Office Residential (COR) Comprehensive Plan land use
designation.
6. The site is located within the Error! Reference source not found. zoning classification and is located in the
Urban Design District C Overlay. Given the nature of the proposed project, which has no architectural,
design, or specific landscaping elements due its location in the Cedar River regulated shoreline, the Urban
Design Regulations do not apply.
7. The applicant has proposed to remove one tree on the upland portion of the site south of the Cedar River.
8. The site is mapped with Sensitive slopes, Steep slopes, High Seismic Hazard area, Wellhead Protection
Area Zone 1, Flood Hazard Area.
9. The site is located in the Reach C of the Cedar River regulated shoreline area and includes the Urban
Conservancy, High Intensity, and Aquatic Shoreline environmental designations.
10. Approximately 610 cubic yards of material would be cut on-site and approximately 610 cubic yards of fill
is proposed to be brought into the site.
11. The applicant is proposing to begin construction in the spring of 2022 and end in the fall of 2023.
12. Staff received no public comment letters.
13. No other public or agency comments were received.
14. The City of Seattle, acting as the SEPA lead agency, issued a Determination of Non-Significance on October
8, 2020. A 21-day appeal period commenced on October 8, 2020 and ended on October 29, 2020. No
appeals of the threshold determination have been filed as of the date of this report.
15. Representatives from various city departments have reviewed the application materials to identify and
address issues raised by the proposed development. These comments are contained in the official file,
and the essence of the comments has been incorporated into the appropriate sections of this report and
the Departmental Recommendation at the end of this report.
16. Comprehensive Plan Compliance: The site is designated Commercial Office Residential (COR) on the City’s
Comprehensive Plan Map. The purpose of the COR designation is place areas that are located near a
significant amenity, such as a waterfront, are near major transportation or transit routes, and are
comprised of one or more large tracts of vacant or underutilized land in the Commercial Office Residential
land use designation and zone. This land banking designation is intended to transform properties into
compact, mixed-use developments that act as City gateways, through master planning and coordinated
design. The proposal is compliant with the following development standards if all conditions of approval
are met:
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 6 of 40
SR_HEX Broodstock_211101
Compliance Comprehensive Plan Analysis
✓
Goal L-P: Minimize adverse impacts to natural systems, and address impacts of past
practice where feasible, through leadership, policy, regulation, and regional
coordination.
✓ Goal L-T: Create a functioning and exemplary urban forest that is managed at optimum
levels for canopy, health, and diversity.
✓
Goal L-U: Preserve, protect, and enhance the quality and functions of the City’s
sensitive areas including: lakes, rivers, major and minor creeks, intermittent stream
courses and their floodplains, wetlands, ground water resources, wildlife habitats, and
areas of seismic and geological hazards.
✓
Policy L-28: Minimize erosion and sedimentation in and near sensitive areas by
requiring appropriate construction techniques and resource practices, such as low
impact development.
✓
Policy L-29: Protect the integrity of natural drainage systems, existing land forms, and
maintain wildlife habitat values by preserving and enhancing existing vegetation and
tree canopy coverage to the maximum extent possible and by restoring hydrological
flows and improving the condition of shorelines.
✓ Policy L-34: Ensure buildings, roads, and other features are located on less sensitive
portions of a site when sensitive areas are present.
✓
Policy L-36: Land uses in areas subject to flooding, seismic, geologic, and coal mine
hazards should be designed to prevent property damage and environmental
degradation before, during, and after construction.
✓ Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new
development is designed to be functional and attractive.
✓
Policy L-50: Respond to specific site conditions such as topography, natural features,
and solar access to encourage energy savings and recognize the unique features of the
site through the design of subdivisions and new buildings.
✓ Policy L-54: Protect public scenic views and public view corridors, including Renton’s
physical, visual and perceptual linkages to Lake Washington and the Cedar River.
17. Zoning Development Standard Compliance: The purpose of the Commercial Office Residential Zone (COR)
is to provide for a mix of intensive office, hotel, convention center, and residential activity in a high-quality,
master-planned development that is integrated with the natural environment. Commercial retail and
service uses that are architecturally and functionally integrated are permitted. Also, commercial uses that
provide high economic value may be allowed if designed with the scale and intensity envisioned for the
COR Zone. The scale and location of these sites will typically denote a gateway into the City and should be
designed accordingly. The proposal is compliant with the following development standards, as outlined in
RMC 4-2-120.B, if all conditions of approval are met:
Compliance COR Zone Develop Standards and Analysis
Compliant if
CUP under
FOF 19
approved
Use: Pursuant to RMC 4-2-060, Zoning Use Table – Uses Allowed in Zoning Designations,
natural resource extraction/recovery uses are permitted in the COR zone provided with
an approved Hearing Examiner Conditional Use Permit.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 7 of 40
SR_HEX Broodstock_211101
Staff Comment: The applicant, Seattle Public Utilities, is proposing to replace an existing
sockeye salmon broodstock collection facility (BCF) originally approved under LUA08-018.
A BCF is not a use type listed in the City’s Zoning Use Table codified in RMC 4 -2-060. The
use type determined to be the most similar to a BCF in the 2008 decision was a natural
resources extraction/recovery use. Natural resources extraction/recovery uses are
allowed as a Hearing Examiner Conditional Use in the COR zone. See FOF 19: Conditional
Use Permit Analysis.
N/A
Density: The density range permitted in the COR zone is a minimum of 30 up to a
maximum of 50 dwelling units per net acre. The same area used for commercial and
office development can also be used to calculate residential density. Where commercial
and/or office areas are utilized in the calculation of density, the City may require
restrictive covenants to ensure the maximum density is not exceeded should the
property be subdivided or in another manner made available for separate lease or
conveyance. Density may be increased 30-percent above the maximum per RMC 4-9-
065, Density Bonus Review. Net density is calculated after the deduction of sensitive
areas, areas intended for public right-of-way, and private access easements.
Staff Comment: No dwelling units are proposed as part of the project.
✓
Setbacks: Setbacks in the COR zone are determined through site plan review.
Staff Comment: The type of development, which is primarily in-water, does not have
dimensional standards attributed to it and therefore does not have traditional setbacks.
See additional analysis under FOF 20.b.6.
N/A
Building Standards: The maximum lot coverage requirements for buildings in the COR
zone is 65 percent of the total lot area or 75 percent is parking is provided within the
building or within a parking garage. The maximum building height permitted is 10 stories
and/or 125 feet.
Staff Comment: No buildings are proposed as part of the project.
✓
Landscaping: The City’s landscape regulations (RMC 4-4-070) require a 10-foot
landscape strip along all public street frontages. Additional minimum planting strip
widths between the curb and sidewalk are established according to the street
development standards of RMC 4-6-060. Street trees and, at a minimum, groundcover,
are to be located in this area when present. Spacing standards shall be as stipulated by
the Department of Community and Economic Development, provided there shall be a
minimum of one street tree planted per address. Any additional undeveloped right-of-
way areas shall be landscaped unless otherwise determined by the Administrator.
Staff Comment: The proposed project would occur entirely within designated critical
areas, therefore no landscaping required. In addition, the project does not have street
frontage and does not include any surface parking lots. The applicant has proposed
plantings along the south shoreline of the Cedar River as part of the shoreline mitigation
plan (Exhibit 4). Plantings proposed as part of the restoration and mitigation plan include
native species such as Black cottonwood, Red alder, Pacific willow, Snowberry, Nootka
rose, Salmonberry, and Pacific ninebark.
✓
Tree Retention: The City’s adopted Tree Retention and Land Clearing Regulations (4-4-
130) require the retention of 10 percent of trees in a commercial or industrial
development.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 8 of 40
SR_HEX Broodstock_211101
Significant trees shall be retained in the following priority order:
Priority One: Landmark trees; significant trees that form a continuous canopy; significant
trees on slopes greater than twenty percent (20%); significant trees adjacent to critical
areas and their associated buffers; and significant trees over sixty feet (60') in height or
greater than eighteen inches (18") caliper.
Priority Two: Healthy tree groupings whose associated undergrowth can be preserved;
other significant native evergreen or deciduous trees; and other significant non-native
trees.
Priority Three: Alders and cottonwoods shall be retained when all other trees have been
evaluated for retention and are not able to be retained, unless the alders and/or
cottonwoods are used as part of an approved enhancement project within a critical area
or its buffer.
Staff Comment: The applicant has proposed the removal of one 36-inch DBH Black
cottonwood tree in order expand the width of the existing boat ramp. Due to the large
number of trees on the site and the fact that the applicant is only proposing to remove a
single tree, staff did not require the applicant to submit a formal tree survey or tree
retention worksheet. Based on the recent aerial imagery and the mitigation plan
submitted by the applicant (Exhibit 4), each which 100+ trees across the upland portion
of the site, the project would comply with the tree retention standards for commercial or
industrial development.
N/A
Screening: All on-site surface mounted utility equipment shall be screened from public
view. Screening shall consist of equipment cabinets enclosing the utility equipment, solid
fencing or a wall of a height at least as high as the equipment it screens, or a landscaped
visual barrier allowing for reasonable access to equipment. Equipment cabinets, fencing,
and walls shall be made of materials and/or colors compatible with building materials.
All operating equipment located on the roof of any building shall be enclosed so as to be
screened from public view.
Staff Comment: The proposed project does include any on-site surface mounted utility
equipment and therefore no screening is required.
N/A
Refuse and Recycling: All new developments for multi-family residences, commercial,
industrial and other nonresidential uses shall provide on-site refuse and recyclables
deposit areas and collection points for collection of refuse and recyclables in compliance.
Staff Comment: Due to the unique nature of proposed BCF, a natural resource extraction
facility, no trash or recycling waste would be generated and therefore no refuse or
recycling facilities are required.
N/A
Parking: Off-street parking, loading areas, and driveways shall be provided in accordance
with the provisions of RMC 4-4-080 for all new building or structures when located
outside of the Center Downtown Zone.
Staff Comment: Due to the unique nature of proposed BCF, an in-water structure, no
parking is proposed as part of the project. When parking is needed for maintenance or
removal of the weir during seasonal operation, the applicant’s contractors currently
utilize the existing parking at the Cedar River Trail trailhead adjacent to the site. The
applicant has indicated they will continue to utilize the trailhead parking lot after
completion of the replacement BCF.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 9 of 40
SR_HEX Broodstock_211101
Compliant if
Condition of
Approval is
met
Access: Direct arterial access to individual structures shall occur only when alternative
access to local or collector streets or consolidated access with adjacent uses is not
feasible.
Staff Comment: The site is currently accessed via a City-maintained paved private road
off of Houser Way S, which provides public access to both the boat launch and dog park
near the site. The applicant has proposed to widen a portion of the road between the
boat launch and spur intersection where the road splits. The road would be widened by
approximately 3 feet for a total width of 18 feet. No direct arterial access would occur for
the proposed BCF replacement and access to the site would not be changed as a result of
the project. Under the previous BCF, the applicant was required to adhere to the Cedar
River Access Facility Management Plan, dated June July 30, 2008. Due to the change
location and characteristics of the facility, a new access plan should be prepared.
Therefore, staff recommends, as a condition of approval, the applicant shall enter into a
new Access Facility Management Plan with the City prior to the issuance of the civil
construction permit.
N/A
Bicycle Parking: Attached dwellings shall provide one-half (0.5) bicycle parking space per
one dwelling unit. Commercials uses shall provide bicycle parking spaces equal to ten
percent (10%) of the number of required off-street vehicle parking spaces.
Staff Comment: See analysis under FOF 17, Parking above.
✓
Pedestrian Access: Pedestrian access is determined through site plan review.
Staff Comment: See FOF 18.g below for analysis.
N/A
Upper Story Setbacks: Buildings or portions of buildings that exceed fifty feet (50') in
height shall include upper story setbacks as follows: The minimum setback for a fifth
story and succeeding stories shall be ten feet (10') minimum from the preceding story,
applicable to each story or an equivalent standard that adds interest and quality to the
building.
Staff Comment: No buildings are proposed as part of the project.
N/A
Roofline and Façade Modulation: Buildings shall provide vertical and horizontal
modulation of roof lines and facades of not less than two feet (2') at a minimum interval
of forty feet (40') per building face, or an equivalent standard that adds interest and
quality to the building.
Staff Comment: No buildings are proposed as part of the project.
N/A
Fences and Retaining Walls: A maximum of eight feet (8') anywhere on the lot provided
the fence, retaining wall or hedge does not stand in or in front of any required
landscaping or pose a traffic vision hazard.
There shall be a minimum three-foot (3') landscaped setback at the base of retaining
walls abutting public rights-of-way.
Staff Comment: No fencing is proposed as part of the project.
18. Site Plan Review: Pursuant to RMC 4-9-200.B, Site Plan Review is required for development in the COR
zoning classification when it is not exempt from Environmental (SEPA) Review. For Master Plan applications
compliance with the review criteria for Site Plans are analyzed at a general level of detail to ensure nothing
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 10 of 40
SR_HEX Broodstock_211101
would preclude the development of the Site Plan. Given Site Plan applications are evaluated for compliance
with the specific requirements of the RMC 4-9-200.E.3 the following table contains project elements
intended to comply with level of detail needed for Site Plan requests:
Compliance Site Plan Criteria and Analysis
✓
a. Comprehensive Plan Compliance and Consistency.
Staff Comment: See previous discussion under FOF 16, Comprehensive Plan Analysis.
✓
b. Zoning Compliance and Consistency.
Staff Comment: See discussion under FOF 17, Zoning Development Standard
Compliance.
N/A
c. Design Regulation Compliance and Consistency.
Staff Comment: Given the nature of the proposed project, which has no architectural,
design, or specific landscaping elements due its location in the Cedar River regulated
shoreline area, the Urban Design Regulations are not applicable.
N/A
d. Planned action ordinance and Development agreement Compliance and
Consistency.
✓
e. Off-site Impacts.
Structures: Restricting overscale structures and overconcentration of development
on a particular portion of the site.
Staff Comment: No buildings are proposed as part of the project. The only structure
proposed as part of the BCF, the concrete sill, is located in the river itself. No other
structures are proposed for the upland area and therefore the project would not result
in overscale structures or an overconcentration of development on any portion of the
site.
Circulation: Providing desirable transitions and linkages between uses, streets,
walkways and adjacent properties.
Staff Comment: The proposed project would not alter the existing circulation patterns
on the project site. The existing public access from the Cedar River Trail to the access
road and boat ramp on the south bank of the Cedar River would be maintained.
Utilities, Loading and Storage Areas: Locating, designing and screening storage
areas, utilities, rooftop equipment, loading areas, and refuse and recyclables to
minimize views from surrounding properties. Locate utilities underground
consistent with RMC 4-6-090.
Staff Comment: The proposed project would require installation of electrical conduit,
which would be placed underground within the footprint of the existing access road
leading to the boat ramp. No loading or storage areas are proposed as part of the
project.
Views: Recognizing the public benefit and desirability of maintaining visual
accessibility to attractive natural features.
Staff Comment: The proposed project would not establish a new use or development,
as the proposed project intends to replace an existing facility that is seasonally part of
the visual landscape and is often visited by community members to observe natural
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 11 of 40
SR_HEX Broodstock_211101
salmonid migration and the associated fish-handling. Seasonal operation of the above-
water facilities would not preclude the public’s visual access to the shoreline due to the
in-water nature of the structure. The replacement BCF would continue to add interest
and educational opportunities related to the natural environment for the life of the
project.
Landscaping: Using landscaping to provide transitions between development and
surrounding properties to reduce noise and glare, maintain privacy, and generally
enhance the appearance of the project.
Staff Comment: Traditional landscaping is not proposed as part of the project due to
the entire project site being located in the regulated shoreline area. The applicant has
proposed a mitigation plan (Exhibit 4) that includes a significant amount of additional
vegetation on the south side of the upland area from the Cedar River. The additional
vegetation will result in reduced noise and glare once mature and will enhance the
appearance and functionality of the shoreline. See additional discussion under FOF 17,
Zoning Development Standard: Landscaping.
Lighting: Designing and/or placing exterior lighting and glazing in order to avoid
excessive brightness or glare to adjacent properties and streets.
Staff Comment: The proposed project includes installation of one 14-foot tall light pole
to the north of the existing boat ramp appropriately 15 feet north of an existing
downward shielded light pole used to light the boat ramp area. The light would be
utilized only during emergencies and to improve safety during low light conditions if
emergency maintained for the BCF is needed. Given the limited anticipated use for this
light and existing lights on site, no excessive light and glare impacts are anticipated. A
lighting plan was not provided with the application.
✓
f. On-site Impacts.
Structure Placement: Provisions for privacy and noise reduction by building
placement, spacing and orientation.
Staff Comment: The permanent concrete sill and retaining wall structure, as well as the
seasonally-installed picket weir panels and trap box, are located in-water and would
operate silently. The weir panels would be activated via an electronic actuator system
that would not be audible to nearby properties over sound of the river and other noises
typically found in an urban environment. Therefore, the proposed BCF would not create
privacy or noise impacts.
Structure Scale: Consideration of the scale of proposed structures in relation to
natural characteristics, views and vistas, site amenities, sunlight, prevailing winds,
and pedestrian and vehicle needs.
Staff Comment: Permanent structures would include a concrete sill, a concrete retaining
wall located below ground surface, one light pole, a grasscrete pad adjacent to the boat
ramp to support the crane outriggers during weir installation, and the
widened/reconfigured access road. These elements are similar to the existing structural
elements on site being replaced and would not result in scale-related impacts to the
natural or built environments.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 12 of 40
SR_HEX Broodstock_211101
Natural Features: Protection of the natural landscape by retaining existing
vegetation and soils, using topography to reduce undue cutting and filling, and
limiting impervious surfaces.
Staff Comment: Where possible, the applicant has indicated the intent to utilize existing
infrastructure on the site as much as possible in order to minimize the need to alter
natural features. Impervious surfaces have been minimized through removal of a
portion of the existing boat ramp and utilizing grasscrete pavers to support the
installation crane outriggers instead of concrete. In addition, the slopes on site will be
improved as part of the mitigation plan (Exhibit 4) proposed by the applicant, resulting
in reduced erosion during rain and flood events. Minimal upland grading is proposed as
part of the project.
Reducing Parking Impervious Areas: Design parking areas to minimize impervious
surfaces, including but not limited to: (1) breaking up parking areas and directing
stormwater flows to multiple low impact development features such as
bioretention areas; (2) locating parking near trees to provide storm water uptake;
(3) retaining or adding vegetation to parking areas; (4) placing existing parking that
exceeds maximum parking ratios in permeable pavement designed consistent with
the Surface Water Design Manual in RMC 4-6-030; and (5) using other low impact
development techniques consistent with RMC 4-6-030
Staff Comment: No new or expanded parking areas are proposed. Grasscrete pavers,
partially pervious materials, would be utilized for the crane outrigger pad located
adjacent to the boat ramp and will reduce the amount of impervious concrete on the
site after project completion.
Landscaping: Use of landscaping to soften the appearance of parking areas, to
provide shade and privacy where needed, to define and enhance open spaces, and
generally to enhance the appearance of the project. Landscaping also includes the
design and protection of planting areas so that they are less susceptible to damage
from vehicles or pedestrian movements.
Staff Comment: See FOF 17, Zoning Development Standards: Landscaping and FOF 18,
Off-site Impacts: Landscaping for analysis.
✓
g. Access and Circulation.
Location and Consolidation: Providing access points on side streets or frontage
streets rather than directly onto arterial streets and consolidation of ingress and
egress points on the site and, when feasible, with adjacent properties.
Staff Comment: See FOF 17, Zoning Develompent Standards: Access for analysis.
Internal Circulation: Promoting safety and efficiency of the internal circulation
system, including the location, design and dimensions of vehicular and pedestrian
access points, drives, parking, turnarounds, walkways, bikeways, and emergency
access ways.
Staff Comment: The proposed project does not include new access or circulation routes;
existing transportation infrastructure would be utilized.
Loading and Delivery: Separating loading and delivery areas from parking and
pedestrian areas.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 13 of 40
SR_HEX Broodstock_211101
Staff Comment: Due to the nature of the use, no deliveries are anticipated and therefore
no loading or delivery area is proposed.
Transit and Bicycles: Providing transit, carpools and bicycle facilities and access.
Staff Comment: Due to the nature of the use, the provision of additional transit facilities
is not appropriate. During and after completion of the project, park users will continue
to have access to shoreline via existing bus routes, parking facilities, and bicycle racks
provide by the city on the north side of river adjacent to the site.
Pedestrians: Providing safe and attractive pedestrian connections between parking
areas, buildings, public sidewalks and adjacent properties.
Staff Comment: Pedestrian connections to and on the project site would not be
impacted as a result of the project. Existing sidewalks along Houser Way S provide
access to the upland portions of the site, and an on-site pedestrian pathway is located
on the Renton Community Center site to the north.
✓
h. Open Space: Incorporating open spaces to serve as distinctive project focal points
and to provide adequate areas for passive and active recreation by the
occupants/users of the site.
Staff Comment: The purpose of the proposed project is to replace an existing fish
collection facility, which is jointly operated by SPU and the WDFW as part of the
Hatchery Program. The replacement BCF does not include the creation of new open
spaces. Existing open space on both the south and north upland portions of the site
would not be impacted by the project.
✓
i. Views and Public Access: When possible, providing view corridors to shorelines and
Mt. Rainier, and incorporating public access to shorelines
Staff Comment: The proposed project would not negatively impact existing view
corridors. Expansions to existing view corridors are not proposed because that would
require tree or vegetative removal within critical areas. Public access to the shoreline
would be maintained, including the boat ramp, which is consistent with the existing site
conditions.
✓
j. Natural Systems: Arranging project elements to protect existing natural systems
where applicable.
Staff Comment: Given the proposed project’s reliance on an in-water location, locating
construction outside of natural areas is not feasible. However, the applicant has
attempted to minimize the project footprint by removing portions of the existing boat
ramp and utilizing grasscrete pavement where feasible to reduce pollution generating
runoff into the river.
✓
k. Services and Infrastructure: Making available public services and facilities to
accommodate the proposed use:
Police and Fire.
Staff Comment: Police and Fire Prevention staff indicated that sufficient resources exist
to furnish services to the proposed development; if the applicant provides Code required
improvements and fees.
Water and Sewer.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 14 of 40
SR_HEX Broodstock_211101
Staff Comment: Due to the nature of the project, water and sewer service is not
required.
Drainage.
Staff Comment: The proposed project would create approximately 1,922 sq. ft. of new
and replaced impervious surface. The applicant submitted a preliminary Technical
Information Report prepared by McMillen Jacobs Associates, dated January 31, 2020
(Exhibit 7) with the application. Based on the location of the site, the project will be
subject to Targeted Level 1 review. A final Technical Information Report submitted with
the civil construction permit application shall include qualitative and quantitative
analysis demonstrating compliance with the Water Resource Inventory Area (WRIA) 8
Chinook Salmon Conservation Plan, which should address the direct impacts of the
development on salmon, salmonoid and spawning habitat as it relates to water quality,
discharges, pollutants, and increased volumes along the projects shoreline and
associated drainage basin. Staff will review both final report during the Construction
Permit application review process to determine if the project conforms with the 2017
Renton Surface Water Design Manual.
Transportation.
Staff Comment: Access to the site is proposed via an existing private road off of Houser
Way S. See FOF 17, Zoning Develompent Standards: Access for additional analysis. No
additional trips are antifipated as result of the project.
✓
l. Phasing:
Staff Comment: Project construction would occur in two phases, with Phase 1 in 2022
and Phase 2 in 2023. In-water work would occur within the allowable work window each
year, which extends from July 1 to August 31. A 1-month extension to the work window
is requested, with work beginning June 1. Upland work would not be confined to the
work window but is generally expected to coincide with in-water activities or be phased
just before and after. Phase 1 consists of all work on the south side of the Cedar River,
which includes all upland work and construction of approximately half of the concrete
sill, extending from the south bank of the river to just past mid-channel. Phase 2 includes
in-water construction of the north half of the concrete sill, facilitated from the Park on
the north bank of the river.
✓
m. Stormwater: Providing optimal locations of stormwater infiltrating low impact
development facilities. Avoiding placement of buildings or impervious areas on
soils with infiltration capability to the maximum extent practicable.
Staff Comment: The proposed project is reliant on proximity to the Cedar River and
would be replacing an existing facility at the same location. Therefore, the location of
new impervious areas was predetermined by the functional needs of the replacement
BCF, regardless of soil infiltration capacity at the site. However, the proposed project
does include grasscrete pavers in lieu of concrete in order to minimize the amount of
impervious surfaces at the site. In addition, the plantings proposed as part of the
mitigation plan (Exhibit 4) will provide water uptake and increase the water capacity
of the soil. No other stormwater facilities are proposed or required in order to manage
stormwater on the site.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 15 of 40
SR_HEX Broodstock_211101
19. Conditional Use Analysis: The applicant is requesting a Hearing Examiner Conditional Use Permit to
operate a natural resource extraction/recovery use in the COR zone. The proposal is compliant with the
following conditional use criteria, pursuant to RMC 4-9-030.D. Therefore, staff recommends approval of
the requested Conditional Use Permit.
Compliance Conditional Use Criteria and Analysis
✓
a. Consistency with Plans and Regulations: The proposed use shall be compatible
with the general goals, objectives, policies and standards of the Comprehensive
Plan, the zoning regulations and any other plans, programs, maps or ordinances of
the City of Renton.
Staff Comment: See FOF 16 AND 17 for Comprehensive Plan and zoning regulation
compliance.
✓
b. Appropriate Location: The proposed location shall not result in the detrimental
overconcentration of a particular use within the City or within the immediate area
of the proposed use. The proposed location shall be suited for the proposed use.
Staff Comment: The proposed replacement BCF is one of only two natural resource
extraction/recovery uses in the City of Renton, the other of which is located over a mile
to the west and is not related to the collection of salmonids. Therefore, both the existing
and proposed replacement BCF facility are extremely unique uses that are not over-
concentrated within a particular area of the city. The project location is well suited for
the replacement BCF, as an existing BCF and the associated infrastructure to serve the
new facility is already in place and requires only moderate impacts to the river and
upland area when compared to establishing an entirely new location for the facility. The
purpose of the BCF, to collect salmonids, is inherently reliant on being locate at an in-
water location where salmon spawn, and therefore the Cedar River is an ideal location.
Lastly, the location is well-suited due to the established relationship between City of
Renton and SPU have with respect to the operation of a natural resource
extraction/recovery use at the site.
✓
c. Effect on Adjacent Properties: The proposed use at the proposed location shall not
result in substantial or undue adverse effects on adjacent property.
Staff Comment: The applicant contends that the proposed project would maintain the
existing use at the site and operate at a substantially similar scale and therefore would
not result in use-related impacts on adjacent properties. Although staff agrees that the
impacts of the replaced BCF would be substantially similar to the ones created by the
existing BCF, the new facility should be evaluated on its own merits if approved under a
new CUP. The nearest residential use, a single-family home, is located approximately
400 ft south of the project site and is separated from the site by a severe topographical
change and forested area. Impacts from seasonal traffic associated with fish hauling
and weir installation would not impact adjacent properties as they are not served by
Houser Way S or the internal access road leading to the BCF. Lastly, no commercial or
residential uses are located near the site. The Renton Community Center located north
of the river is the nearest other use, but would not be impacted by the BCF due to its in-
water location and fact that the BCF would only be accessed via the boat access road
south of the river. Therefore, staff concurs that the use would not result in substantial
or undue adverse effects on adjacent properties.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 16 of 40
SR_HEX Broodstock_211101
✓
d. Compatibility: The proposed use shall be compatible with the scale and character
of the neighborhood.
Staff Comment: The applicant contends that the scale of the physical and operational
characteristics of the replacement BCF would remain substantially the same as the
existing BCF, which have not created any compatibility issues since being installed in
2009. The surrounding neighborhood is primarily undeveloped in nature due to the
restrictive Resource Conservation (RC) zoning designation, except for the Renton
Community Center located on the north side of the river approximately 450 feet from
the existing and proposed BCF. Due to the in-water nature of improvements, limited
visual impact, non-residential nature of the surrounding area, staff concurs that the
proposed natural resource extraction/recovery use would be compatible with the scale
and character of the neighborhood.
✓
e. Parking: Adequate parking is, or will be made, available.
Staff Comment: The proposed project does not require or propose new formal parking
stalls. When parking is required during seasonal operation, existing parking at the Cedar
River Trail trailhead is utilized per the existing Memorandum of Agreement between the
City of Renton and SPU.
Compliant if
Condition of
Approval is
met
f. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall
mitigate potential effects on the surrounding area.
Staff Comment: According to the applicant, traffic associated with the BCF is primarily
seasonal, with peak trips occurring during non-peak recreational months. During
operation, a fish hauling truck would access the site to collect and transport salmon
broodstock to the hatchery upstream. The signs utilized by the existing facility, which
are mounted in both directions on the Cedar River Trail warning users approaching the
site of potential truck crossings ahead, would be retained to control potential conflicts
between trucks and pedestrians/bicyclists. After the fish collection season, up to one
truck may visit the site weekly for maintenance lasting a few hours. The applicant
contends that project construction would result in a temporary increase of traffic
compared to the existing conditions at the site. While staff concurs that the traffic
impacts from seasonal fish collection and weekly maintenance is a limited impact
reflecting a continuation of the current traffic patterns, the potential for traffic impacts
during the two construction seasons is substantially greater. The Renton Community
Center and the Cedar River Park on the north side of the river adjacent to the BCF host
a variety of annual events that draw large crowds of residents and visitors. One event,
the Renton River Days festival that is typically held in the last weekend of July, draws
thousands of visitors to the banks of the Cedar River and is an important event for the
City. In order to ensure that construction of the replacement BCF does not disrupt or
create dangerous conditions at the various events, staff recommends, as a condition of
approval, no construction shall occur during the Renton River Days festival, or any other
City-sponsored event held at the Cedar River Park or Renton Community Center. Any
construction-related activities shall cease at least two (2) days before the scheduled
event and shall not continue until at least two (2) days after the event concludes, unless
an alternate timeline is approved by Community Services Administrator. The applicant
shall contact the City’s Community Services Department a minimum of two (2) weeks
prior to any event to ensure the site is safe and secure for event attendees.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 17 of 40
SR_HEX Broodstock_211101
✓
g. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed
use shall be evaluated and mitigated.
Staff Comment: The applicant contends the replacement BCF consists of passive
structures that would not produce noticeable noise. In addition, ambient noise
produced by vehicles traveling I-405 and rushing water in the Cedar River would serve
to drown out. While one new light pole is proposed, the light would be utilized only
during emergencies or if needed to improve safety during low light conditions.
According to the applicant, there are also three (3) existing light poles on site to
illuminate the boat launch area, so the additional light would not constitute
significance to the existing lighting. Staff concurs that the proposed project would not
produce adverse light or glare impacts.
✓
h. Landscaping: Landscaping shall be provided in all areas not occupied by buildings,
paving, or critical areas. Additional landscaping may be required to buffer adjacent
properties from potentially adverse effects of the proposed use.
Staff Comment: The proposed project would occur entirely within designated critical
areas. Therefore, no landscaping is proposed, except for the vegetation included as part
of the mitigation plan.
20. Shoreline Master Program Regulations: The project site is located in in the Cedar River Reach C Regulated
Shoreline area with three shoreline environments. The parcel on the south side of the Cedar River is in the
Urban Conservancy shoreline environment, the parcel to the north is in the Shoreline High Intensity
shoreline environment, and the portion of the project site waterward of the OHWM is in the Aquatic
shoreline environment. Therefore the project is subject to the shoreline regulations in RMC 4-3-090 and
requires a Shoreline Substantial Development Permit.
SHORELINE MASTER PROGRAM CRITERA:
A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT:
The site is located in the Shoreline High-Intensity Overlay District. The objective of the High Intensity
Overlay is to provide opportunities for large-scale office and commercial employment centers as well
as multi-family residential use and public services. This district provides opportunities for water-
dependent and water-oriented uses while protecting existing ecological functions and restoring
ecological functions in areas that have been previously degraded. Development may also provide for
public use and/or community use, especially access to and along the water's edge. The proposal is
compliant with the following Shoreline policies:
✓
Policy SH-14. Shoreline use and development should be carried out in a manner that
prevents or mitigates adverse impacts so that the resulting ecological condition does not
become worse than the current condition. This means ensuring no net loss of ecological
functions and processes in all development and use. Permitted uses should be designed
and conducted to minimize, in so far as practical, any resultant damage to the ecology and
environment (RCW 90.58.020). Shoreline ecological functions that should be protected
include, but are not limited to, fish and wildlife habitat, food chain support, and water
temperature maintenance. Shoreline processes that shall be protected include, but are
not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water
recharge and discharge; sediment delivery, transport, and storage; large woody debris
recruitment; organic matter input; nutrient and pathogen removal; and stream channel
formation/maintenance.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
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Report of November 9, 2021 Page 18 of 40
SR_HEX Broodstock_211101
✓
Objective SH-E. Existing economic uses and activities on the shorelines should be
recognized and economic uses or activities that are water-oriented should be encouraged
and supported.
✓ Policy SH-18. All economic activities on the shoreline shall provide for no net loss of
ecological functions during construction and operation.
B. DEVELOPMENT STANDARDS:
The project site is located in in the Cedar River Reach C Regulated Shoreline area with three (3)shoreline
environments. The parcel on the south side of the Cedar River is in the Urban Conservancy shoreline
environment, the parcel to the north is in the Shoreline High Intensity shoreline environment, and the
portion of the project site waterward of the OHWM is in the Aquatic shoreline environment, as shown
on the City of Renton Shoreline Overlay Map. The following development standards are applicable to
the proposal:
1. Environmental Effects:
a. No Net Loss of Ecological Functions
Compliant
if Condition
of Approval
is met
Shoreline use and development shall be carried out in a manner that prevents or mitigates
adverse impacts to ensure no net loss of ecological functions and processes in all
development and use. Permitted uses are designed and conducted to minimize, in so far
as practical, any resultant damage to the ecology and environment (RCW 90.58.020).
Shoreline ecological functions that shall be protected include, but are not limited to, fish
and wildlife habitat, food chain support, and water temperature maintenance. Shoreline
processes that shall be protected include, but are not limited to, water flow; erosion and
accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport,
and storage; large woody debris recruitment; organic matter input; nutrient and pathogen
removal; and stream channel formation/maintenance.
Staff Comment: The applicant submitted a Critical Areas Report, prepared by Confluence
Environmental Company and dated July 2020 (Exhibit 6). The Critical Areas Report
identified both temporary and permanent impacts to the shoreline and uplands area as a
result of the project.
Temporary Impacts: Temporary impacts to the Cedar River are primarily related to the
concrete sill construction and would include installing temporary cofferdams on both the
south bank and north banks of the river in order to divert water and allow for construction
of the concrete sill. The cofferdams would be installed sequentially, one during each fish
window over the two-year construction period, which allows the passage of fish and
minimizes the impacts of construction. Construction of the concrete sill would require the
temporary excavation of approximately 1,586 sq. ft. of riverbed outside of the limits of the
permanent sill footprint over the two construction phases, which would be backfilled with
the scour protection boulders after completion of the project. According to the consultant,
Cofferdam installation, dewatering, and streambed excavation would result in removing
and/or smothering some benthic invertebrates that provide food for salmonids. Effects to
aquatic macro-invertebrates from smothering would be temporary, and the river would
return to natural contours following the completion of construction. According to the
consultant, macro-invertebrates are expected to rapidly recolonize disturbed areas within
approximately two (2) weeks to two (2) months time. Project construction would disturb
the channel bed and may release periodic pulses of sediment into the water column,
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Report of November 9, 2021 Page 19 of 40
SR_HEX Broodstock_211101
resulting in a temporary increase in total suspended solids (TSS) levels. Elevated TSS is most
likely to occur during initial cofferdam placement and subsequent cofferdam removal and
re-watering of the in-water work areas. Pulses may also occur during periodic pumping of
the work area. Elevated TSS levels would be expected to last from less than 1 hour to
potentially three (3) hours depending on the activity. TSS monitoring would be
implemented which together with other BMPs identified of Section 4.3 of the Critical Areas
Review, would help reduce adverse impacts. In order to construct the permanent civil site
improvements, including the boat ramp, crane outrigger grasscrete pad, the turning area
grasscrete pad, and the access road widening, clearing limits of 3,733 sq. ft. outside of the
permanent infrastructure have been established. Due to flood damage occurring in
February 2020, much of the proposed clearing limits is unvegetated. Presently, only sparse
native shrubs and Himalayan blackberry occurs within the clearing limits and would be
removed. Temporary clearing of native vegetation within the riparian buffer during
construction would be restored at a 1:1 ratio with native plants appropriate for the setting.
Permanent Impacts: According to the Critical Areas Report, the completed project would
result in unavoidable permanent impacts to the Cedar River and the riparian buffer. The
proposed BCF infrastructure would effectively result in fill impacts within the Cedar River
and hardscaping within the riparian buffer. The project would directly impact the Cedar
River bed through the installation of the weir sill and, to a lesser degree, the associated
access structures. The presence of the sill and access structures would permanently impact
approximately 2,000 sq. ft. of benthic habitat. However, the project would also remove
539 sq. ft. of the existing boat ramp below ordinary high water, for a net increase in
permanent fill of benthic habitat of 1,461 sq. ft. The presence of a fixed structure in the
channel has the potential to affect sediment dynamics, reduce benthic habitat
productivity, and alter habitat formation/availability. The presence of the weir would
reduce the long-term production of benthic and epibenthic macroinvertebrates on which
juvenile Chinook salmon and steelhead feed. Given the relatively small size of the weir, the
benthic macroinvertebrate production within the project area overall is not expected to be
discernible and benthic productivity is not considered to be limiting for juvenile salmonid
production. The amount of forage material available for juvenile salmonids is, therefore,
expected to remain similar to pre-project conditions and should not result in a significant
effect to fish. The presence of the weir would also reduce the long-term availability of
suitable spawning substrate. The majority of Chinook salmon and steelhead spawning is
thought to occur upstream of this reach of the Cedar River. Spawning habitat is also not
considered to be limiting on salmonid production. Nevertheless, up to 1,835 sq. ft. of the
stream bed would be precluded from spawning potential.
The project would directly impact the riparian buffer from the civil site improvements and
associated hardscaping. The permanent improvements from the boat ramp
reconfiguration, crane pad and turning areas, and the access road widening would result
in the addition of approximately 1,742 sq. ft. of hardscaping within the riparian area on
the south bank. However, the project would also remove 115 sq. ft. of the existing boat
ramp, for a net increase in permanent riparian hardscaping of 1,627 sq. ft. The proposed
riparian hardscaping would preclude riparian vegetation growth and increase the
impervious surface quantity in the riparian buffer. The inclusion of Grasscrete pavers would
limit the increase in impervious surface to 495 sq. ft. associated with the boat ramp and
access road improvements. Ecological functions typically provided by riparian buffers
include, among others, erosion reduction, sediment and pollutant removal, wood
recruitment and organic litter production/trophic support, microclimate influence,
screening of adjacent disturbances (e.g., noise, light), and habitat maintenance and
connectivity. Again, due to the flood damage described in Section 5.2.2, most of the area
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
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proposed for civil improvements is unvegetated. Presently, one (1) large black cottonwood
tree and a small clump (approximately 100 sq. ft.) of Pacific ninebark and Himalayan
blackberry would be removed. The proposed impacts would have a negligible effect on
erosion control, sediment and pollutant removal, microclimate influence, screening, and
habitat maintenance and connectivity. The vegetation removal would have a minor effect
on organic litter production, shade, and wood recruitment. Overall, riparian buffer
processes are expected to remain relatively unchanged as a result of the project. The
unavoidable impacts are proposed to be offset through compensatory mitigation.
Mitigation for No Net Loss: To mitigate for the temporary and permanent impacts to the
Cedar River and the shoreline, the applicant proposes to conduct riparian and channel
margin enhancement on a total of 10,900 sq. ft. of the low flood terrace and gravel bar at
the project site. Due to recent flooding in winter 2020, existing understory vegetation and
large wood debris on the flood terrace was largely washed away. Invasive species such as
Japanese knotweed and Himalayan blackberry persist and are recolonizing denuded soils.
To provide an aquatic component to the mitigation design, an LWM complex is proposed
along the left bank to the Cedar River approximately 130 feet upstream of the proposed
BCF. This complex would be partially buried and anchored into the substrate with root
wads oriented toward the river to provide habitat complexity, cover, and woody substrate
for algae and macroinvertebrates.
Proposed riparian improvements include restoration of the 3,733 sq. ft. of temporary
clearing limits, re-establishment of riparian vegetation in 489 square feet of the existing
boat ramp removal, and enhancement of 6,680 sq. ft. of degraded riparian buffer.
Vegetation management would include removal of invasive species and installation of
native trees and shrubs suitable to the site conditions. Species proposed include Red alder,
Pacific willow, Snowberry, Nootka rose, Salmonberry and Black cottonwoods. The planted
area would be treated with an erosion control fabric (e.g., jute or coir) and mulching as
appropriate to promote plant establishment, erosion control, and weed prevention.
According to the consultant, the principal impacts associated with the proposed BCF
requiring mitigation include a loss of river substrate supporting potential spawning and
benthic production, and removal of riparian vegetation. These ecological functions are not
considered limiting in the project reach and effects to fish production and stream ecology
are not considered significant. The proposed on-site mitigation would offset the loss of
these functions over time through the following effect pathways. Therefore, the report
conduces that the proposed on-site mitigation would provide greater ecological benefit to
the Cedar River relative to the minor loss of function due to the project impacts and
therefore would result in no net loss of ecological function.
Maintenance and monitoring requirements may vary between the City of Renton and the
U.S. Army Corps of Engineers (USACE) regulations. In order to ensure the required reports
are received by both agencies at consistent intervals and with consistent information, the
applicant should comply with all report requirements from the U.S. Army Corps of
Engineers. If the USACE does not require maintenance and monitoring, the applicant
should default to the City of Renton’s requirements for maintenance and monitoring.
Therefore, staff recommends, as a condition of approval, the applicant shall submit
maintenance and monitoring reports after project completion consistent with the
requirements of the USACE permits in lieu of City of Renton regulations. If not required by
the associated USACE permits, the applicant shall comply with the maintenance and
monitoring requirements for mitigation plans as outlined in RMC 4-3-050.L.
b. Burden On Applicant
City of Renton Department of Community & Economic Development
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Report of November 9, 2021 Page 21 of 40
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✓
See FOF
20.b.1.a
above for
additional
analysis.
Applicants for permits have the burden of providing that the proposed development is
consistent with the criteria set forth in the Shoreline Master Program and the Shoreline
Management Act, including demonstrating all reasonable efforts have been taken to
provide sufficient mitigation such that the activity does not result in net loss of ecological
functions.
Staff Comment: The applicant submitted a Critical Areas Report prepared by Confluence
Environmental Company and dated July 2020 (Exhibit 6). The Critical Areas Report
identified both temporary and permanent impacts to the shoreline and uplands area as a
result of the project. The report conduces that the proposed on-site mitigation would
provide greater ecological benefit to the Cedar River relative to the minor loss of function
due to the project impacts and therefore would result in no net loss of ecological function.
See FOF 20.b.1.a above for additional analysis.
c. Critical Areas within Shoreline Jurisdiction
Compliant
if Condition
of Approval
is met
Unless otherwise stated, no development shall be constructed, located, extended,
modified, converted, or altered, or land divided without full compliance with the
provision adopted by reference and the Shoreline Master Program.
Staff Comment: Critical areas on the site include sensitive slopes, steep slopes, a habitat
conservation area, a high seismic hazard area, the wellhead protection area zone 1, and a
flood hazard area.
Flood Hazard Areas - Portions of the parcel to the south and parcel to the north of the
Cedar River are within the 100-year floodplain. The regulatory floodway of the Cedar
River also overlaps with portions of parcels 1723059014 (south bank) and 1723059013
(north bank). As an in-water feature, the BCF occurs in the preliminary floodway of the
Cedar River. Per COR Maps, approximately 70 feet of the riparian area on the south bank
and 30 feet on the north bank also occur within the preliminary floodway, while the upper
30 to 40 feet of the riparian area on the south bank and approximately 60 feet on the north
bank falls within the 100-year floodplain. The upper portion of the south bank is designated
Zone X, which refers to those areas with a 0.2% annual chance flood, 1% annual chance
flood with average depths of less than 1 foot within a drainage area of less than 1 square
mile, and those areas protected from the 1% annual chance flood by levees. The upper
portion of the north bank is designated as Zone AE, meaning base flood elevations have
been determined, which refers to the water surface elevation of the 1% annual chance
flood. A no-rise condition analysis was conducted to ensure that the placement of the BCF
permanent weir would not cause an increase in flood levels within the Cedar River
floodplain during the occurrence of the base (100-year) flood discharge (Exhibit 9). A
Hydrologic Engineering Center River Analysis System (HEC-RAS) provided to McMillen
Jacobs by the City of Renton was modified to include the BCF permanent weir, and
determined that the BCF permanent weir would have a no-rise effect on the 1% annual
chance flood or base flood elevation, if the weir elevation is at or below elevation 29.6 feet.
In addition, the BCF permanent weir does not affect the floodway widths for the with
floodway 1% annual chance flood water surface elevations. In order to ensure the elevation
of the weir at project completion does not exceed the maximum elevation permitted under
the submitted no-net rise certificate, staff recommends, as a condition of approval, the
applicant shall provide a final elevation survey prior to close out of the civil construction
permit documenting compliance 29.6-foot maximum elevation identified in the No-Rise
Study (Exhibit 9). Alternatively, if the proposed elevation of the weir changes prior to
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
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Report of November 9, 2021 Page 22 of 40
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construction, the applicant may submit an amended No-Rise Study documenting
compliance no-rise requirement in the floodway, to be reviewed and approved by the
Current Planning Project Manager prior to approval of the Civil Construction Permit.
Steep Slopes - The parcel to the south of the Cedar River is mapped with protected
slopes (greater than 40 percent) and sensitive slopes (greater than 25 percent but less
than 40 percent). The parcel to the north is mapped with sensitive slopes. All work proposed
would occur outside of the steep slopes area.
Seismic Hazard Areas - The entire project site is mapped within an area considered as
a high seismic hazard and as such, is prone to structure failures as a result of liquefaction
during a seismic event. As such, the applicant submitted a draft geotechnical report with
the land use submittal. The geotechnical report would be reviewed at the time of civil
construction permit application.
Habitat Conservation Area - The Cedar River is also regulated as a Habitat Conservation
Area (HCA). HCAs include habitats that have a primary association with the documented
presence of non-salmonid or salmonid species proposed or listed by the Federal
government or State of Washington as endangered, threatened, sensitive, and/or of local
importance, per RMC 4-3-050. Because the Cedar River contains Puget Sound Chinook
salmon and Puget Sound steelhead, which are federally listed threatened species, the
Cedar River constitutes an HCA regulated under RMC 4-3-050.G.6and a Class 1 Fish Habitat
Conservation Area under RMC 4-3-090.D.2.c.ii. Because the Cedar River is shoreline of the
state (Type S water), work within the river and the riparian corridor is regulated under
Renton’s SMP (RMC 4-3-090) as opposed to typical stream development and mitigation
standards under the critical areas regulations (RMC 4-3-050). Additionally, land adjacent
to the Cedar River in the Natural or Urban Conservancy environment is considered a Class
1 Fish Habitat Conservation Area subject to the provisions of the SMP (RMC 4-3-090.D).
Requirements for development in HCA related to the proposed BCF include requiring that
shoreline use and development be carried out in a manner that prevents or mitigates
adverse impacts to ensure no net loss of ecological functions and processes, requiring that
project-specific and cumulative impacts be considered and mitigated on- or off-site, and
encouraging flexibility in the administration of the ecological protection provisions of the
Shoreline Master Program. The applicant has proposed a robust compensatory mitigation
plan that proposes on-site mitigation designed to optimize gain of ecological function for
Chinook salmon, the most sensitive resource in the ecological system at the site. See
20.B.1.a above for no net-loss analysis and mitigation discussion.
Wellhead Protection Areas - The entire project site is located within a wellhead
protection zone, zone 1. The BCF occurs within the downtown WPA, known as Zone 1,
which encompasses much of downtown Renton, the Cedar River, and associated riparian
areas through Riverview Park (City of Renton 2020). The proposed use, as well as the
activities to occur as a result of construction, are not prohibited in the WPA. However, due
to the scope of the project and proposed excavation, the applicant must address and
comply with RMC 4-4-030(C)(8) Construction Activity Standards – Aquifer Protection Area
(APA) Zones 1 and 2 at the time of civil construction permit submittal (Exhibit 10).
d. Development Standards for Aquatic Habitat
2. View Obstruction and Visual Quality
City of Renton Department of Community & Economic Development
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Report of November 9, 2021 Page 23 of 40
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✓
View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or
multi-lot developments are proposed, primary structures shall provide for view corridors
between buildings where views of the shoreline are available from public right-of-way or
trails.
Staff Comment: No buildings are proposed as part of the project and therefore no views
from public rights-of-way or trails would be impacted by the proposed addition.
N/A
Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All
new or expanded commercial development adjacent to residential use and public parks
shall provide fifteen feet (15') setbacks from adjacent properties to attenuate proximity
impacts such as noise, light and glare, and may address scale and aesthetic impacts.
Fencing or landscape areas may be required to provide a visual screen.
✓
Lighting Requirements: Display and other exterior lighting shall be designed and operated
so as to prevent glare, to avoid illuminating nearby properties used for noncommercial
purposes, and to prevent hazards for public traffic. Methods of controlling spillover light
include, but are not limited to, limits on the height of light structure, limits on light levels
of fixtures, light shields, and screening.
Staff Comment: The proposed project includes installation of one light pole. The light
would be utilized only during emergencies and to improve safety during low light
conditions, if needed. Given the limited anticipated use for this light and existing lights on
site, no new or adverse light and glare impacts are anticipated.
N/A
Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ
materials that limit reflected light.
Staff Comment: No buildings are proposed as part of the project.
N/A
Integration and Screening of Mechanical Equipment: Building mechanical equipment shall
be incorporated into building architectural features, such as pitched roofs, to the
maximum extent feasible. Where mechanical equipment cannot be incorporated into
architectural features, a visual screen shall be provided consistent with building exterior
materials that obstructs views of such equipment.
Staff Comment: No new mechanical equipment is proposed. If mechanical equipment is
added to the proposal, compliance with the screening requirements would be verified at
the time of formal civil construction or building permit application review.
✓
Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated
into buildings including fences, piers, poles, wires, lights, and other freestanding structures
shall be designed to minimize visual prominence.
Staff Comment: The applicant has proposed one, freestanding light pole with a maximum
height of fourteen (14’) feet, to be located at the top of the boat ramp. No existing
structures are available for the light to be incorporated, but the light is the smallest
possible height to provide effective lighting during evening maintenance or operations.
N/A
Maximum Stair and Walkway Width: Stairs and walkways located within shoreline
vegetated buffers shall not exceed four feet (4') in width; provided, that where ADA
requirements apply, such facilities may be increased to six feet (6') in width. Stairways
shall conform to the existing topography to the extent feasible.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
Staff Report to the Hearing Examiner
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Report of November 9, 2021 Page 24 of 40
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3. Community Disturbances:
✓
Noise, odors, night lighting, water and land traffic, and other structures and activities shall
be considered in the design plans and their impacts avoided or mitigated.
Staff Comment: The Cedar River Trail parking lot would be temporarily closed during both
phases of construction. In Phase 2, access to the Park via Houser Way/Cedar River Park
Drive would be closed. The larger Cedar River Trail and the Park will remain open
forrecreation during construction, with detours or fencing around the active construction
areas to ensure public safety.A project specific TCP will be implemented by the contractor
to minimize impacts to recreational resources, provide standardized notifications of
closure and access routes. Impact control measures within the TCP include but are not
limited to placement of “Road Closed” barriers in locations where vehicle access is
restricted, installation of pedestrian friendly detour signs that demarcate the temporary
pathway of the rerouted Cedar River Trail, and coordination with the City to ensure that
construction access/traffic will not present significant impacts to users of the Park. Once
completed, the project would collect migrating sockeye salmon as part of the Hatchery
Program. Noise, odors, night lighting, water and land traffic, and other potential
community disturbances would not change as a result of the proposed project, which
would provide an improved design to an existing facility. This existing and continued land
use would not result in significant adverse noise, odor, lighting, or land traffic impacts. The
BCF is installed after Labor Day each year, following peak use of the Cedar River from
recreational users. Signage would be posted to warn in-water recreationalists of the
obstruction and its use of electric actuators. Recreational users would also be alerted by
signage upstream, which directs them to exit the river and walk around the BCF. Additional
signage would be installed at the boat ramp to communicate that boat launching cannot
occur when the weir and trap are in place. These restrictions would result in a slight
interruption to watercraft travel in this area during non-peak recreation seasons. Impacts
to watercraft traffic would be minimized through annual removal of overwater
components of the replacement BCF at the end of the season each year, in December. At
that time, the pickets would be laid onto the concrete sill and removed before early July,
when peak season use of the river begins again.
4. Public Access
Physical or visual access to shorelines shall be incorporated in all new development when the
development would either generate a demand for one or more forms of such access, would impair
existing legal access opportunities or rights, or is required to meet the specific policies and regulations
of the Shoreline Master Program.
✓
Cedar River Reach C: Public/community access along the waterfront should be provided
as private lands on the north side of the river redevelop, considered along with the goal
of restoration of ecological functions. Public or community access shall be provided when
residential development occurs consistent with standards of the Shoreline Master
Program.
Staff Comment: The Shoreline Master Program and the Renton Comprehensive Plan
contain policies that encourage the provision of public access on all shorelines, especially
if new development is proposed on a property. While public access may be temporarily
impacted for a small portion of shoreline during construction of the facility, after
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
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Report of November 9, 2021 Page 25 of 40
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completion of the project, the public would continue to have access the shoreline on both
sides of the Cedar River adjacent to the project.
5. Archaeological, Historical, and Cultural Resources:
✓
Detailed Cultural Assessments May Be Required: The City will work with tribal, State,
Federal, and other local governments as appropriate to identify significant local historical,
cultural, and archaeological sites in observance of applicable State and Federal laws
protecting such information from general public disclosure. Detailed cultural assessments
may be required in areas with undocumented resources based on the probability of the
presence of cultural resources.
Staff Comment: The project proposal and notice of application were provided to reviewing
agencies by the SEPA Lead Agency, Seattle Public Utility (applicant), including the State
Department of Archaeology & Historic Preservation (DAHP) as part of the SEPA review
process.
An archaeological survey was conducted within the proposed project area prior to
construction of the existing BCF, boat ramp, and access driveway. The associated
Cultural Resources Assessment describes that the proposed project area contains
historic fill, and the upland slopes have been altered through active river deposition
and erosion of the floodplain; therefore, it is unlikely that ground-disturbing work
would encounter intact deposits of significant prehistoric or cultural material. For
these reasons, no further archaeological work was recommended. The only
recommendation was to ensure that if cultural material was inadvertently discovered
during construction, work should be suspended in the proposed project location.
Consistent with the 2008 construction of the existing facilities, an Inadvertent
Discovery Plan will be prepared prior to construction, and approved by SPU’s cultural
resources coordinator. According to the applicant, a copy will be maintained on site
throughout the duration of work.
✓
Coordination Encouraged: Owners of property containing identified or probable
historical, cultural, or archaeological sites are encouraged to coordinate well in advance
of application for development to assure that appropriate agencies such as the
Washington State Department of Archaeology and Historic Preservation, affected tribes,
and historic preservation groups have ample time to assess the site and identify the
potential for cultural resources.
Staff Comment: The Muckleshoot Indian Tribe is a member of the Adaptive Management
Work Group for the LMA and has provided input and consultation throughout the design
process for this proposed project. Also, see comment above.
✓
Detailed Cultural Assessments Required: Upon receipt of application for a development
in an area of known or probable cultural resources, the City shall require a site assessment
by a qualified professional archaeologist or historic preservation professional and ensure
review by qualified parties including the Washington State Department of Archaeology
and Historic Preservation, affected tribes, and historic preservation groups.
Staff Comment: See comment above.
Work to Stop Upon Discovery: If historical, cultural, or archaeological sites or artifacts
are discovered in the process of development, work on that portion of the site shall be
City of Renton Department of Community & Economic Development
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✓
stopped immediately, the site secured, and the find reported as soon as possible to the
Administrator of the Department of Community and Economic Development or
designee. Upon notification of such find, the property owner shall notify the Washington
State Department of Archaeology and Historic Preservation and affected tribes. The
Administrator of the Department of Community and Economic Development or designee
shall provide for a site investigation by a qualified professional and may provide for
avoidance, or conservation of the resources, in coordination with appropriate agencies.
Staff Comment: See comment above.
✓ Access for Educational Purposes Encouraged: Land owners are encouraged to provide
access to qualified professionals and the general public if appropriate for the purpose of
public education related to a cultural resource identified on a property.
Staff Comment: See comment above.
6. Building and Development Location – Shoreline Orientation
Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment
portions of their developments along the shoreline. Development and use shall be designed in a
manner that directs land alteration to the least sensitive portions of the site to maximize vegetation
conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland
habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and
preserve aesthetic values.
✓
Location of Development: Development and use shall be designed in a manner that
directs land alteration to the least sensitive portions of the site.
Staff Comment: The replacement BCF, boat ramp, access road, and ancillary components
are water dependent; minor project components (e.g., the light pole and Grasscrete-style
turnaround) have been located as far from the Cedar River as feasible, yet within a
distance from the Cedar River that would allow them to retain their function. While
disturbance to the existing shoreline vegetation would occur, vegetation removal would be
conducted in an area subject to past disturbance to the maximum extent practicable, and
the addition of new impervious surfaces has been kept to a minimum by incorporating
Grasscrete-style surfaces where feasible. A portion of the existing impervious surfaces
would also be removed, including 653 SF of existing concrete boat ramp; this area would
be restored with native vegetation once the concrete is removed. There are no documented
archeological, historical, or cultural resources at the project site.
✓
Minimization of Site Alteration: Development shall minimize site alteration in sites with
substantial unaltered natural features by applying the following criteria:
(a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading,
and alteration of topography and natural features.
(b) Impervious surfacing for parking lot/space areas shall be limited through the use of
under-building parking or permeable surfaces where feasible.
(c) Utilities shall share roadway and driveway corridors and rights-of-way wherever
feasible.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
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(d) Development shall be located and designed to avoid the need for structural shoreline
stabilization over the life of the development. Exceptions may be made for the limited
instances where stabilization is necessary to protect allowed uses, particularly water-
dependent uses, where no alternative locations are available and no net loss of
ecological functions will result.
Staff Comment: The proposed project would require an approximately 3-foot widening of
the existing access road that leads to the boat ramp. A Grasscrete-style turnaround would
be constructed to facilitate movement of the crane/equipment that is needed to install and
remove components of the replacement BCF each year. These improvements would be to
the existing access road and boat ramp and are not proposed as a separate or new facility.
Improving the existing facility minimizes impacts to the shoreline ecology/topography.
Electrical conduit would be installed within the footprint of the access road and
reconfigured boat ramp. No parking is proposed.
N/A
Location for Accessory Development: Accessory development or use that does not
require a shoreline location shall be located outside of shoreline jurisdiction unless such
development is required to serve approved water-oriented uses and/or developments or
unless otherwise allowed in a High Intensity designation. When sited within shoreline
jurisdiction, uses and/or developments such as parking, service buildings or areas, access
roads, utilities, signs and storage of materials shall be located inland away from the
land/water interface and landward of water-oriented developments and/or other
approved uses unless a location closer to the water is reasonably necessary.
✓
Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses
of reasonable access to navigable waters. Existing water-related recreation shall be
preserved.
Staff Comment: The proposed project would not establish a new in-water use at the project
site; rather, the existing use would be replaced with improved facilities. The improvements
are limited to a concrete sill installed in the riverbed and an expansion to the existing access
driveway and boat ramp. Therefore, the navigation and recreational impacts associated
with the existing BCF would apply to the replacement facility. The BCF would continue to
be installed after Labor Day each year, following peak recreational use of the Cedar River.
Signage would be posted to warn in-water recreationalists of the obstruction and its use
of electric actuators. Recreational users would also be alerted by signage upstream, which
directs them to exit the river and walk around the BCF. Impacts to navigation would be
minimized through annual removal of over-water components of the replacement BCF at
the end of the season each year, in December. At that time, the pickets would be laid onto
the concrete sill and removed before early July, when peak season use of the river begins
again.
7. Standards for Density, Setbacks, and Height
Structure Setbacks and Buffers (From the OWMW)
Cedar River Reach C Standard: Enhancement of native riparian vegetation shall be
implemented as part of management of public parks. Full standard native vegetation
buffers should be maintained on the public open space on the south side of the river,
subject to existing trail corridors and other provisions for public access. Enhancement of
native riparian vegetation within the standard or modified buffers shall be provided
upon redevelopment of the north shore, except in areas where public/community access
City of Renton Department of Community & Economic Development
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Report of November 9, 2021 Page 28 of 40
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is provided. The vegetation conservation buffer may be designed to incorporate
floodplain management features including floodplain compensatory storage.
Structure Setbacks and Buffers (From the OWMW)
Urban Conservancy
Shoreline
Environment
High Intensity
Shoreline
Environment
Aquatic Shoreline
Environment
Water Dependent
Use 100 feet None None
Vegetation
Conservation Buffer 100 feet 100 feet None
Coverage Standards
Impervious Area
within the
Buffer/Setback
5% 5% None
Impervious Area
within 100 feet of
OHWM - Maximum
10% 50% None
Staff Comment: There is no development proposed on the north side of the Cedar River on
parcel 1723059013, which is within the High Intensity Shoreline Environment. In addition,
the type of development proposed within the Aquatic Shoreline Environment does not have
dimensional standards attributed to it.
Compliance with specific dimensional standards associated with development in the
Urban Conservancy Shoreline Environment is demonstrated below.
100-foot structure setback: The replacement BCF is intrinsically dependent on its in-water
location; all upland components within the Urban Conservancy Shoreline Environment
would need to be located within the 100-foot structure setback to support the
replacement BCF. No new structures are proposed within the setback, only improvements
to the existing boat ramp and access road. A new light pole would also be installed to join
the existing three light poles on site. Given that the primary water-dependent use would
be inoperable without these ancillary upland components within the 100-foot structure
setback, SPU is requesting that the City maintain its modification to the setback to allow
continued use of these structures.
100-foot vegetation conservation buffer: The replacement BCF is water dependent and
would require alteration to the 100-foot vegetation buffer extending from the OHWM of
the Cedar River. According to RMC 4-3-090(F)(1)(d),the City can exclude the vegetation
buffer requirement for water-dependent uses or public access, provided that the area
excluded from the vegetation buffer requirement is the minimum needed to provide the
water dependent use or public access. The applicant requests to exclude the BCF facilities
from the vegetation buffer requirement. The proposed project would permanently
remove approximately 1,627 SF of existing riparian vegetation to accommodate the
widening of the access road (to support crane access for BCF installation/removal),
reconfiguration of the existing boat ramp (also required for BCF installation/removal, and
City of Renton Department of Community & Economic Development
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Report of November 9, 2021 Page 29 of 40
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21. Shoreline Conditional Use Analysis: The applicant is requesting a Shoreline Conditional Use Permit in order
to replace the existing broodstock collection facility (BCF) with a new BCF, classified as a natural resources
extraction/recovery use, in the High Intensity Shoreline Environmental Designation, as well as to excavate
and fill material both landward and waterward of the OHWM. A portion of the proposed project would
would be open to public access), and other minor improvements such as installation of a
light pole, which is necessary for operation of the BCF. All project elements proposed
within the 100-foot vegetation buffer are water dependent, directly in support of a water-
dependent use, and/or would constitute a public access improvement.
N/A
Building Height – Maximum:
In water – 35 ft.
Within 100 feet of OHWM – 35 ft.
More than 100 feet from the OHWM – 35 ft.
Height up to that established in chapter 4-2 RMC, Zoning Districts – Uses and Standards,
may be allowed for non-water-dependent uses in the following reaches: Lake Washington
Reaches C, H, I, and J; Cedar River Reaches A, B, and C; Black River Reach A; May Creek
Reach B; and Springbrook Creek Reaches B, C, and D:
For buildings landward of one hundred feet (100') from OHWM, the maximum building
height shall be defined by a maximum allowable building height envelope that shall:
i. Begin along a line laying parallel to and one hundred feet (100') from OHWM at a height
of either thirty five feet (35') or one half (1/2) the maximum height allowed in the
underlying zone, whichever is greater; and
ii. Have an upward, landward transition at a slope of one vertical to one horizontal from
the beginning height either (a) until the line at which the maximum height allowed in the
underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall
extend landward at the maximum height allowed in the underlying zoning), or (b) to the
end of shoreline jurisdiction, whichever comes first.
Staff Comment: No buildings are proposed as part of the project.
8. Use Regulations:
a. Fish and Wildlife Resource Enhancement Use:
✓
Only allowed if a water dependent use.
Staff Comment: The proposed replacement BCF is classified as a Fish and Wildlife Resource
Enhancement Use, which is permitted in the Urban Conservancy and Aquatic Shoreline
Environments when water dependent. Within the High Intensity Shoreline Environment,
allowed uses are defined by the underlying zoning regulations rather than the codified SMP
that is implemented as an overlay. Within the High Intensity Shoreline Environment’s
underlying COR zone, the most similar use type to a BCF is a Natural Resources
Extraction/Recovery use (as determined by the City in 2008 as part of the permitting
process for the existing BCF). This use is considered a Hearing Examiner Conditional Use.
The SMP equivalent to this review type is a shoreline conditional use; Therefore, the
proposed project be allowed with an approved Shoreline Conditional Use Permit (SCUP).
See FOF 21 for the SCUP analysis.
City of Renton Department of Community & Economic Development
SPU Broodstock Collection Facility Replacement
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Report of November 9, 2021 Page 30 of 40
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occur in the High Intensity Shoreline Environment designation, where allowed uses in the High Intensity
Shoreline Environment are based on the underlying zone. Natural resources extraction/recovery uses
require an Hearing Examiner Conditional Use Permit, therefore the corresponding Shoreline Conditional
Use Permit is also required.
In addition, the applicant is proposing in-water excavation, fill, and dredging in order to construct the
coffer-dam structure used to hold back water during construction of the sill and retaining wall. The area of
excavation would be backfilled with concrete to construct the permanent components of the replacement
BCF. The proposed work is not intended to reach a new grade in-water and therefore is not considered
dredging. Excavation for the concrete sill would be completed using a hydraulic excavator. Approximately
610 CY of material excavated below OHWM would be permanently removed from the river channel and
taken off site for disposal if it is not suitable for reuse onsite as backfill. Approximately 610 CY of fill is
proposed consisting of the concrete sill, aggregates under the sill, and boulders installed both upstream
and downstream of the BCF to prevent scour. In addition, minor landward excavation and fill is required to
widen the access road by three (3’) feet, install the light pole, create the grasscrete pad adjacent to the
boat ramp, and remove a portion of the boat ramp (Exhibit 3).
The proposal is compliant with the following conditional use criteria, pursuant to RMC 4-9-030.D.
Therefore, staff recommends approval of the requested Conditional Use Permit.
Compliance Conditional Use Criteria and Analysis
✓
a. Consistency with Plans and Regulations: The proposed use is consistent with the
policies of RCW 90.58.020 and the Shoreline Master Program
Staff Comment: The applicant contends that the proposed project would improve an
existing water-dependent use, which collects sockeye salmon to support the Hatchery
Program and terms of the original Landsburg Mitigation Agreement (LMA) established
in 2000 in order to mitigate the prevention of salmon entering Seattle’s Cedar River
Municipal Watershed. Staff concurs that a water-dependent use supporting salmon
populations and restoration within the Cedar River is consistent with the general intent
and purpose of the Shoreline Management Program. See FOF 20: Shoreline
Management Program for additional compliance analysis.
✓
b. Interference: The proposed use will not interfere with the normal public use of
public shorelines
Staff Comment: The applicant contends that the proposed project would not result in
changes to the public’s access to the shoreline, which would remain unchanged after
project completion. While operation of the BCF requires recreational users to
temporarily exit the Cedar River channel for safety, the non-permanent BCF
components would continue to be removed after the collection season in December.
According to the applicant, the picket panels would be removed annually before peak
season use of the river and would be installed after Labor Day in September. The
applicant contends that the timing of the annual installation and removal minimizes
impacts to the public’s physical use of the river channel. Furthermore, the boat ramp
provides public access to the shoreline when the BCF is not in operation. Staff concurs
with the applicant that regular operation of the BCF would not result in interference
with the normal use of public shorelines, as users will be able to access the northern
shoreline at all times and southern shoreline at all times except for a few hours two (2)
days a year during installation and removal of the overwater components.
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✓
c. Compatibility: The proposed use of the site and design of the project will be
compatible with other authorized uses within the area and with uses planned for
the area under the Comprehensive Plan and the Shoreline Master Program
Staff Comment: The applicant contends that the proposed project would not establish
a new use or development, but rather replace an existing facility that is seasonally part
of the visual landscape and is visited by community members to observe natural
salmonid migration and fish-handling. Seasonal operation of the existing BCF has not
had significant impacts on other authorized uses in the area such as public recreation
and therefore the replacement facility is also not anticipated to. According to the
applicant, the facility would continue to add interest and educational opportunities
related to the natural environment for both passive and active users of the site. If the
land to the north of the site is ever redeveloped with commercial, office, and residential
uses as is intended in the Commercial-Office-Residential (COR) Comprehensive Plan
Land Use designation, the proposed BCF would be highly compatible with the future
uses due the majority of operations occurring on the southern shore. The area south of
the southern shoreline has a Comprehensive Plan Designation of Residential Low
Density (LD) but is likely to remain a public recreation area due to the topography and
other critical areas located on the site. Therefore, the proposed BCF would continue to
be compatible with the established uses to the south of the site. Staff concurs that as a
water-oriented use, the proposed BCF is compatible with the other authorized uses
within the area and uses planned under the Comprehensive Plan and the Shoreline
Master Program, which encourages water-oriented uses.
✓
d. Effects: The proposed use will cause no significant adverse effects to the
shoreline environment in which it is to be located.
Staff Comment: The applicant contends that the Critical Areas Report (Exhibit 6) and
the Biological Assessment (Exhibit 5), both prepared by Confluence Environmental
Company, include analysis and findings that the proposed natural resources
extraction/recovery use would not cause significant adverse effects to the shoreline
environment to which it is located, if the submitted mitigation plan (Exhibit 4) is
implemented. Although both reports acknowledge the project would result in both
temporary and permanent impacts to the shoreline environment, including
approximately 5,362 sq. ft. of upland disturbance, on-site compensatory mitigation
proposed by the applicant including re-establishment of native upland vegetation
would result in no net loss of ecological function after project completion. Additional
mitigation would include re-establishment of approximately 489 sq. ft. of riparian
buffer and enhancement of approximately 6,680 sq. ft. of degraded riparian buffer. A
large wood debris complex proposed along the existing gravel bar upstream from the
proposed BCF but adjacent to the site is also proposed. Staff concurs with the applicant
that the proposed uses, including the BCF and the excavation and fill, would not cause
significant adverse effects to the shoreline environment if the mitigation plan is fully
implemented, as confirmed by the environmental consultant.
Compliant if
Condition of
Approval is
met
e. Public Interest: The public interest suffers no substantial detrimental effect.
Staff Comment: The applicant contends that the proposed BCF is a passive use that
would not generate significant adverse land use impacts or public access to the
shoreline. According to the applicant, the BCF operation is a known attraction that
brings users to the Cedar River Park and shoreline during the sockeye salmon upstream
migration and provides educational and recreational opportunities to the public. As part
of the original BCF land use approval (LUA08-018), the applicant installed interpretive
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signage on the north side of the riverbank on the City-owned site. The signs serve to
help inform interested persons about salmon in the Cedar River and about the sockeye
hatchery program in general. In addition, the applicant constructed a kiosk on the south
side of the Cedar River adjacent to the Cedar River trail and boat ramp in order to
provide additional information and public outreach. Due to age of the signs and
proposed construction of a new facility that operates in a different manner than the
original BC, the signage should be updated in order to ensure the project continues to
promote public interest. Therefore, staff recommends, as a condition of approval, the
applicant shall fabricate and install updated interpretative signage on both the north
and south sides of the Cedar River near the project site. The applicant shall provide a
signage plan to the Current Planning Project Manager for review and approval of the
design, content, and location of the signage prior to Civil Construction Permit issuance.
Staff concurs that the proposed use compliments the existing recreational uses in the
area and as such, the public interest would not suffer substantial detrimental effect as
a result of the project.
i. Evaluation of Review Standards for Landfills and Excavations below the OHWM:
The fill shall meet the landfill and excavation criteria in RMC 4-3-090.F.2.
1. The overall value to the public from the results of the fill or excavation site as
opposed to the value of the shoreline in its existing state as well as evaluation
of alternatives to fill that would achieve some or all of the objectives of the
proposal.
Staff Comment: The proposed excavation and fill is necessary in order to replace
the existing BCF with a new BCF that would operate more efficiently and
decrease the impact on public recreation in the river through the use of
mechanical picket panels that can be lowered and raised at any time. Due to
the need to construct the new BCF sill in a dry environment, no alternatives to
creation of the coffer-dam and the related excavation are feasible. In addition,
due to the need for a BCF that can operate at higher river flows, the installation
of a new concrete sill, retaining wall, and boulders designed to prevent riverbed
scour (all three elements classified as fill), alternatives to the 610 CY of fill are
no feasible. The proposed mitigation, as discussed in other sections of this
report, would offset all identified temporary and permanent impacts on the
shoreline and therefore the projects value to the public is expected to exceed
that of the existing BCF. Lastly, the preservation of salmon populations in the
region is important for the health of the ecosystem and therefore benefits
everyone.
2. Effects on ecological functions including, but not limited to, functions of the
substrate of streams and lakes and effects on aquatic organisms, including the
food chain, effects on vegetation functions, effects on local currents and
erosion and deposition patterns, effects on surface and subsurface drainage,
and effects on flood waters.
Staff Comment: As noted in other sections of this report and discussed in-depth
in the Critical Areas Report (Exhibit 6), the ecological function of the shoreline
near the project site would not be degraded as a result of the project. The
applicant has proposed a permanent aquatic mitigation component to offset
the impacts of the excavation and fill, which include a large woody material
complex along the OHWM on the gravel bar approximately 150 feet upstream
of the proposed BCF location. The intent of the proposed wood material
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complex is to improve aquatic habitat complexity along the shallow channel
margin. In addition, temporary BMPs to reduce the risk of increasing sediment
levels in the river during excavation and filling are proposed including the
installation of erosion and sediment control devices, the provision of regular
discharge monitoring reports to the Department of Ecology, and the
designation of one person as an erosion and spill lead during coffer-dam and sill
construction.
As discussed in additional detail under FOF 20.B.1.a, the Critical Areas Report
concludes that the project would result in no net loss of ecological functions and
value if all proposed mitigation is implemented.
3. Whether shoreline stabilization will be necessary to protect materials placed or
removed and whether such stabilization meets the policies and standards of
the Shoreline Master Program.
Staff Comment: No shoreline stabilization is necessary for the proposed
excavation and fill, except for minor reestablishment of vegetation. Boulders
ranging in size from eight inches (8”) to sixteen inches (16”) would be placed
both upstream and downstream of the concrete sill in order to prevent scour. In
addition, areas near landward of the shoreline temporarily impacted by the
construction would be seeded to stabilize disturbed areas that would remain
unworked for more than two (2) days in the wet season or sevem (7 )days in the
dry season to minimize the potential for erosion
4. Whether the landfill or excavation will adversely alter the normal flow of flood
water, including obstructions of flood overflow channels or swales, after taking
into account any compensating flood storage provided by the proposal.
Staff Comment: As discussed under FOF 20.B.1.c, a no-rise condition analysis
was conducted to ensure that the placement of the BCF permanent weir would
not cause an increase in flood levels within the Cedar River floodplain during
the occurrence of the base (100-year) flood discharge (Exhibit 9). The report
concluded the BCF permanent weir would have a no-rise effect on the 1% annual
chance flood or base flood elevation and would not impact the flow of flood
water during a flood event. In addition, the area to be excavated would be
backfilled with concrete in order to construct the permeant components of the
replacement BCF and therefore would not adversely alter the normal flow of
flood water.
5. Whether public or tribal rights to the use and enjoyment of the shoreline and
its resources and amenities are impaired.
Staff Comment: The proposed project would not result in changes to the
public’s access to the shoreline near the project site, which would remain
unchanged as after project completion. While operation of the BCF requires
recreational users to temporarily exit the Cedar River channel for safety, the
non-permanent BCF components would continue to be removed after the
collection season, in December, and reinstalled in early September. Therefore,
the public right to the use and enjoyment of the shoreline and its resources and
amenities would not be impaired as a result of the project.
According to the applicant, the Muckleshoot Indian Tribe is supportive of the
proposed project and the benefit it will provide for salmon recovery efforts. The
tribe is a member of the Adaptive Management Work Group for the LMA and
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has provided input and consultation throughout the design process for this
proposed project. Staff did not receive any comments with regards to the
proposed Shoreline permits from the Muckleshoot’s or any other tribe.
Compliant if
Condition of
Approval is
met
j. Evaluation of Review Standards for Dredging:
Dredging is permitted for development of approved water-dependent uses provided
there are no feasible alternatives. If the associated land use decision is approved, the
BCF would be classified as approved water-dependent use. Due to the need to collect
salmonids in the Cedar River per the LMA, necessitating the construction of a
replacement BCF and the associated concrete sill, no feasible alternative existed.
i. New development, including the development of associate piers and docks, should
be sited and designed to avoid or, if that is not possible, to minimize the need for new
and maintenance dredging. Where alternatives such as the utilization of shallow access
to mooring buoys is feasible, such measures shall be used.
ii. All proposed dredging operations shall be designed by an appropriate State-licensed
professional engineer. A stamped engineering report and an assessment of potential
impacts on ecological functions shall be prepared by qualified consultants and shall be
submitted to the Renton Planning Division as part of the application for a shoreline
permit.
iii. The responsibility rests solely with the applicant to demonstrate the necessity of the
proposed dredging operation.
iv. The responsibility rests solely with the applicant to demonstrate that:
(a) There will be no net loss of ecological functions including but not limited to adverse
effect on aquatic species including fish migration.
(b) There will be no adverse impact on recreational areas or public recreation
enjoyment of the water.
v. Adjacent Bank Protection:
(a) When dredging bottom material of a body of water, the banks shall not be disturbed
unless absolutely necessary. The responsibility rests with the applicant to propose and
carry out practices to protect the banks.
(b) If it is absolutely necessary to disturb the adjacent banks for access to the dredging
area, the responsibility rests with the applicant to propose and carry out a method of
restoration of the disturbed area to a condition minimizing erosion and siltation.
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vi. Avoidance of Adverse Effects: The responsibility rests with the applicant to
demonstrate the proposed dredging will avoid conditions that may adversely affect
adjacent properties including:
(a) Creating a nuisance to the public or nearby activity.
(b) Damaging property in or near the area.
(c) Causing substantial adverse effect to plant, animal, aquatic or human life in or near
the area.
(d) Endangering public safety in or near the area.
vii. The applicant shall demonstrate control of contamination and pollution to water,
air, and ground through specific operation and mitigation plans.
viii. Disposal of Dredge Material: The applicant shall demonstrate that the disposal of
dredged material will not result in net loss of ecological functions or adverse impacts
to properties adjacent to the disposal site.
(a) The applicant shall provide plans for the location and method of disposing of all
dredged material.
(b) Dredged material shall not be deposited in a lake, stream, or marine water except
if approved as habitat enhancement or other beneficial environmental mitigation as
part of ecological restoration, a contamination remediation project approved by
appropriate State and/or Federal agencies, or is approved in accordance with the Puget
Sound Dredged Disposal Analysis evaluation procedures for managing in-water-
disposal of dredged material by applicable agencies, which may include the U.S. Army
Corps of Engineers pursuant to Section 10 (Rivers and Harbors Act) and Section 404
(Clean Water Act) permits, and Washington State Department of Fish and Wildlife
hydraulic project approval.
(c) In no instance shall dredged material be stockpiled in a shoreland area that would
result in the clearing of native vegetation. Temporary stockpiling of dredged material
is limited to one hundred eighty (180) days.
(d) If the dredged material is contaminant or pollutant in nature, the applicant shall
propose and carry out a method of disposal that complies with all regulatory
requirements.
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(e) Permanent land disposal shall demonstrate that:
(1) Shoreline ecological functions will be preserved, including protection of surface
water and groundwater.
(2) Erosion, sedimentation, flood waters or runoff will not increase adverse impacts to
shoreline ecological functions or property.
(3) Sites will be adequately screened from view of local residents or passersby on
public rights-of-way.
(4) The site is not located within a channel migration zone.
Staff Comment: Although technically meeting the definition of dredging due the work
including removal of material the OHWM, the sediment-disturbing work proposed as
part of the proposed project is best characterized as in-water excavation. This would
occur within the cofferdam structure and the area would be backfilled with concrete to
construct the permanent components of the replacement BCF. The work is not to reach
a new grade in-water or alter water flow, which is typically the intent of dredging. The
dredging is required for the water-dependent project components located below the
OHWM, including the permanent concrete sill within the Cedar River channel, the
concrete retaining wall along the base and upstream of the boat ramp, and majority of
the grasscrete pad. These project components together comprise a majority of the
permanent elements of the replacement BCF. The no-net-loss criteria have been
addressed above under FOF 20.B.1.a.
Regarding public safety in the water during construction, in-water activities would occur
behind a cofferdam system that extends to mid-channel only. The applicant contends
that containing construction would maintain a safe environment for the public who may
be in the general project vicinity. Construction-related disruptions to the public’s normal
use of the shoreline would be limited to a maximum of 6 total months over 2 years.
During the construction period, signage would be posted to notify recreational users of
project construction, directing them to exit the river and walk around the work area,
consistent with the direction provided when the BCF is installed each year.
Approximately half the width of the river channel in the project site would be open
during construction, although recreation in this area is not advised due to public safety
concerns. Regarding disturbance to the shoreline, the bank on the north side of the
Cedar River (which is composed of a rock retaining wall along the edge of the Park)
would not be disturbed. Disturbance of this bank would be engineered to minimize scour
and protect the boat ramp that facilities operation of the BCF and also provides public
access to the shoreline. Approximately 610 CY of sediment would be removed as a result
of the dredging in order to facilitate installation of permanent components of the BCF.
Therefore as discussed above, as well as elsewhere throughout the report, the proposed
dredging complies with the requirements in the SMP. However, in order to ensure the
dredged material is disposed of property, staff recommends, as a condition of approval,
the applicant shall provide a materials disposal plan for the dredging that includes
information regarding the location and method of disposing of all dredged material.
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22. Shoreline Variance Analysis: The applicant is requesting a Shoreline Variance from RMC 4-3-050D.3, Tree
Retention and Land Clearing Requirements in order to remove one tree within the Cedar River Reach C
Regulated shoreline area, a Shoreline of the State. Per RMC 4-4-130D.3, no tree removal or land clearing is
permitted in critical areas or buffers associated with shorelines of the state. In addition, per RMC 4-3-
050C.3, the removal of non-dangerous trees is not an exempt activity and therefore requires a variance.
Per RMC 4-3-090.D.2.c, variances to critical areas regulations shall processed through a shoreline variance
when located in the shoreline area. Specifically, the applicant is proposing to remove one 36-inch Black
cottonwood tree located approximately 10 feet from the Cedar River OHWM, as well as approximately 92
sq. ft. of vegetation. The applicant is proposing removal of the tree and adjacent vegetation in order to
install grasscrete pavers that would extend the boat ramp area and provide enough room for the stabilizers
on the crane used during seasonal installation and removal of the BCF over-water equipment. Per RMC 4-
3-090.D.2.c, variances to critical areas regulations shall processed through a shoreline variance when
located in the shoreline area. The proposal is compliant with the following shoreline variance criteria,
pursuant to RMC 4-9-190I.4. Therefore, staff recommends approval of the requested variance.
The plan shall be submitted to the Current Planning Project Manager for review and
approval prior to civil construction permit issuance.
Compliance Variance Criteria and Analysis
✓
a. That the strict application of the bulk, dimensional or performance standards set
forth in the applicable master program precludes, or significantly interferes with,
reasonable use of the property.
Staff Comment: According to RMC 4-4-130(D)(3), all tree removal or land clearing is
prohibited within Shorelines of the State, unless a variance is granted. In addition,
removal of a non-dangerous tree is not an exempt activity per RMC 4-3-050 Critical
Areas Regulations. The entire project site is located within 200 feet of the Cedar River
and is, therefore, entirely within a Shoreline of the State. According to the applicant, the
primary driver for the variance is the need for the proposed replacement BCF to be
installed upriver from the existing facility so as to allow collection to continue
uninterrupted, as required by the LMA. The applicant contends that the variance is
necessary in order to shift the existing boat ramp to the east (i.e. upriver), which would
include the installation of grasscrete pavers in the place of the existing vegetation and
Black cottonwood tree. The grasscrete pavers will provide a flat, hard surface for the
installation crane’s stabilizer arms during installation and removal of the over-water
BCF components. The applicant contends that given the vegetated/wooded condition
of the site, strict application of the code would preclude the ability to relocate the boat
ramp and therefore would be interfere with ability for the BCF to operate on the site.
Staff concurs with the applicant’s justification and finds that strict application of the
Tree Retention and Land Clearing Requirements in RMC 4-4-130.D.3 would interfere
with reasonable and intended use of the property.
✓
b. That the hardship is specifically related to the property, and is the result of unique
conditions such as irregular lot shape, size, or natural features and the application
of the master program, and not, for example, from deed restrictions or the
applicant's own actions.
Staff Comment: The entire project site is located within 200 feet of the Cedar River and
is, therefore, entirely within a Shoreline of the State. See analysis above under FOF 22.a
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✓
c. That the design of the project is compatible with other authorized uses within the
area and with uses planned for the area under the comprehensive plan and
shoreline master program and will not cause adverse impacts to the shoreline
environment.
Staff Comment: The applicant contends that the proposed project would not establish
a new use or development, but rather replace an existing facility that is seasonally part
of the visual landscape and is visited by community members to observe natural
salmonid migration and fish-handling. Seasonal operation of the existing BCF has not
had significant impacts on other authorized uses in the area such as public recreation
and therefore the replacement facility is also not anticipated to. According to the
applicant, the facility would continue to add interest and educational opportunities
related to the natural environment for both passive and active users of the site. The
area south of the southern shoreline near the location of the proposed work requested
as part of the variance has a Comprehensive Plan Designation of Residential Low
Density (LD), but is likely to remain a public recreation area due to the topography and
other critical areas located on the site.
Staff concurs with the applicant’s justification and finds that the proposed variance
would continue to be compatible with the established uses on the south side of the river,
especially the public boat ramp. In addition, the granting of the variance which would
allow the expansion of the boat ramp is compatible with the other authorized uses
within the area and uses planned under the Comprehensive Plan and the Shoreline
Master Program, which encourages water-oriented uses.
✓
d. That the variance will not constitute a grant of special privilege not enjoyed by the
other properties in the area.
Staff Comment: The applicant contends that due to the extremely unique nature of the
use, a salmon collection facility, the proposed variance would not constitute a grant of
special privilege. Since the characteristics of the use and related variance are so specific
to the proposed BCF, it is difficult to view the variance through the lens of providing a
special privilege. Staff concurs with the applicant and finds that the due to the
extremely specific requirements and characteristics of the BCF when compared to other
uses along the Cedar River, approval of the variance would not constitute a grant of
special privilege.
✓
e. That the variance requested is the minimum necessary to afford relief.
Staff Comment: The applicant contends that the proposed vegetation and tree removal
is the minimum amount necessary to accommodate the proposed improvements and
that the limited scale of proposed vegetation/tree disturbance would ensure that there
are no detrimental impacts to the public’s welfare of adjacent shoreline properties. In
addition, the applicant would be replacing the vegetation with grasscrete pavers which
not classified as vegetation, provide a close approximate to natural vegetation and the
associated drainage and visual characteristics.
Staff concurs with the applicant and finds that the variance requested is the minimum
necessary to afford relief for the associated BCF project.
✓
f. That the public interest will suffer no substantial detrimental effect.
Staff Comment: The applicant contends that since tree removal would be mitigated on
site at a ratio of 2:1, and areas of temporary vegetation removal would be replanted
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23. Critical Areas: Critical areas on the site include sensitive slopes, steep slopes, a habitat conservation area,
a high seismic hazard area, the wellhead protection area zone 1, and a flood hazard area. The Cedar River
is a Type S waterbody, or Shoreline of the State. Per RMC 4-3-090, Type S waterbodies are regulated under
Shoreline Management Program regulations in RMC 4-3-090 and not under RMC Section 4-3-050. Included
within shoreline jurisdiction are floodways and all lands within 200 feet of the OHWM (RMC 4-3-090),
which include the entire project limits and study area. All in-water and upland components of the project
would occur within shoreline jurisdiction and therefore all analysis related to critical areas can be found
under FOF 20.B.1.c, Shoreline Master Program Regulations: Critical Areas.
I. CONCLUSIONS:
1. The subject site is located in the Commercial Office Residential (COR) Comprehensive Plan designation
and complies with the goals and policies established with this designation, see FOF 16.
2. The subject site is located in the Error! Reference source not found. zoning designation and complies with
the zoning and development standards established with this designation provided the applicant complies
with City Code and conditions of approval, see FOF 17.
3. The proposed Broodstock Collection Facility complies with the site plan review criteria as established by
City Code provided the applicant complies with City Code and conditions of approval, see FOF 18.
4. The proposed Broodstock Collection Facility complies with the conditional use permit criteria provided
the applicant complies with City Code and conditions of approval, see FOF 19.
5. The proposed Broodstock Collection Facility complies with the standards in the Shoreline Master Program
Regulations, provided the project complies with all advisory notes and conditions of approval contained
herein, see FOF 20.
6. The proposed Broodstock Collection Facility complies with complies with the shoreline conditional use
permit criteria in the Shoreline Master Program Regulations, provided the project complies with all
advisory notes and conditions of approval contained herein, see FOF 21.
7. The proposed Broodstock Collection Facility complies with complies with the shoreline variance criteria in
the Shoreline Master Program Regulations, provided the project complies with all advisory notes and
conditions of approval contained herein, see FOF 22.
8. The proposed Broodstock Collection Facility complies with the Critical Area as established by City Code,
provided the project complies with all advisory notes and conditions of approval contained herein, see
FOF 20 and 23.
9. There are adequate public services and facilities to accommodate the proposed Broodstock Collection
Facility, see FOF 18.
10. Key features, which are integral to this project, include the use of grasscrete for the boat ramp extension,
approximately 10,900 sq. ft. of combined aquatic and riparian mitigation, and the vegetation management
proposal consisting of invasive species installation removal and native plant installation along the
shoreline. Other key features include the use of BMPs to avoid sedimentation build-up in the river, limiting
with native vegetation, the public interest will not suffer substantial detrimental effect
as a result of the variance being granted. In addition, compensatory mitigation will be
provided for additional permanent impacts to the riparian buffer to ensure no net loss
of ecological function. As a whole, the public interest would be positively impacted by
the variance as it allows for the construction of a wider, higher quality boat ramp that
can be utilized by kayakers, canoers, and other recreationalists after project completion.
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impacts to public access during construction and operation, and ceasing construction during city-
sponsored events at the adjacent Cedar River Park or City of Renton Community Center.
J. RECOMMENDATION:
Staff recommends approval of the SPU Broodstock Collection Facility Replacement, File No. LUA21-000259, SA-
A, CU-A, SSDP, VAR, CU-S, as depicted in the Plan Drawings (Exhibit 3), subject to the following conditions:
1. The applicant shall submit maintenance and monitoring reports after project completion consistent with
the requirements of the USACE permits in lieu of City of Renton regulations. If not required by the
associated USACE permits, the applicant shall comply with the maintenance and monitoring requirements
for mitigation plans as outlined in RMC 4-3-050.L
2. The applicant shall enter into a new Access Facility Management Plan with the City, or revise the existing
plan, prior to issuance of the civil construction permit.
3. The applicant shall provide a final elevation survey prior to close out of the civil construction permit
documenting compliance 29.6-foot maximum elevation identified in the No-Rise Study (Exhibit 9).
Alternatively, if the proposed elevation of the weir changes prior to construction, the applicant may
submit an amended No-Rise Study documenting compliance no-rise requirement in the floodway, to be
reviewed and approved by the Current Planning Project Manager prior to approval of the Civil
Construction Permit.
4. No construction shall occur during the Renton River Days festival, or any other City-sponsored event held
at the Cedar River Park or Renton Community Center. Any construction-related activities shall cease at
least two (2) days before the scheduled event and shall not continue until at least two (2) days after the
event concludes, unless an alternate timeline is approved by Community Services Administrator. The
applicant shall contact the City’s Community Services Department a minimum of two (2) weeks prior to
any event to ensure the site is safe and secure for event attendees.
5. The applicant shall fabricate and install updated interpretative signage on both the north and south sides
of the Cedar River near the project site. The applicant shall provide a signage plan to the Current Planning
Project Manager for review and approval of the design, content, and location of the signage prior to Civil
Construction Permit issuance.
6. The applicant shall provide a materials disposal plan for the dredging that includes information regarding
the location and method of disposing of all dredged material. The plan shall be submitted to the Current
Planning Project Manager for review and approval prior to civil construction permit issuance.
CITY OF RENTON
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
STAFF REPORT TO THE HEARING EXAMINER
EXHIBITS
Project Name:
SPU Broodstock Collection Facility
Replacement
Land Use File Number:
LUA21-000259, SA-A, CU-A, SSDP, VAR, CU-S
Date of Hearing
November 9, 2021
Staff Contact
Alex Morganroth
Senior Planner
Project Contact/Applicant
Tessa Gardner, Floyd Snider /
601 Union Ave, Seattle, WA
98101 /tessa.gardner-
brown@floydsnider.com
Project Location
1715 Maple Valley Hwy
(APN 1723059013,
1723059014), Cedar River
Mile 1.7
The following exhibits are included with the Staff Report to the Hearing Examiner:
Exhibit 1: Staff Report to the Hearing Examiner
Exhibit 2: SEPA Determination of Non-Significance, dated October 8, 2020
Exhibit 3: Plan Drawings
Exhibit 4: Shoreline Mitigation Plans
Exhibit 5: Biological Assessment, prepared by Confluence Environmental Company, dated July 30,
2020
Exhibit 6: Critical Areas Report, prepared by Confluence Environmental Company, dated July 30,
2020
Exhibit 7: Drainage Report, Prepared prepared by McMillen Jacobs Associates, dated January 31,
2020
Exhibit 8: Draft Geotechnical Report, prepared by McMillen Jacobs Associates, dated June 2019
Exhibit 9: Flood No Net Rise Certificate, prepared by McMillen Jacobs Associates, dated November
2020
Exhibit 10: Advisory Notes
Exhibit 11: Project Description