HomeMy WebLinkAboutD_CedarRiversLevee_220713_v2DEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_CedarRiversLevee_220713_v2
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND
CRITICAL AREAS REGULATIONS
EVALUATION FORM & DECISION
DATE OF DECISION: July 27, 2022
PROJECT NUMBER: LUA22-000248, SME, CAE
PROJECT NAME: Cedar River 205 Levee Inspection Vegetation Clearing Project
PROJECT MANAGER: Andrew Van Gordon, Associate Planner
APPLICANT: Joel Parkier, City of Renton Surface Water Utility
1055 S Grady Way, Renton, WA 98057
OWNER: City of Renton
1055 S Grady Way, Renton, WA 98057
PROJECT LOCATION: APN 0723059007, adjacent to E Perimiter Rd and Renton Municial Airport on the left
bank of the Cedar River.
PROJECT DESCRIPTION: The applicant, the City of Renton- Surface Water Utility, is requesting a Shoreline
Exemption for the maintenance of existing levees along the Cedar River. The project site
is located within the Shoreline High Intensity designation and is within Reach A of the
Cedar River. Proposed work would occur as close as approximately 5 feet from the
ordinary high water mark (OHWM) and would consist of limited clearing of vegetation
along the left bank of the Cedar River adjacent to E Perimeter Rd and Renton Municipal
Airport. The clearing is anticipated to take approximately 1 -2 days with an estimated
cost of approximately $4,000.
The Cedar River levees are part of the Cedar River Section 205 Flood Damage Reduction
Project (Cedar River 205 Project) constructed in cooperation with the United States
Army Corps of Engineers (USACE). Following the completion of the project, the City of
Renton became of the local sponsor of the project and entered into an agreemen t with
the USACE for maintenance and inspection of the flood protection facilities under PL84-
99. The applicant is proposing to clear existing vegetation for inspection access and
compliance with the aforementioned agreement, which is categorized as Normal
Maintenance or Repair of Existing Structures or Developments.
Clearing the inspection path behind the floodwall is not only a routine maintenance
DocuSign Envelope ID: 55F8B3BD-EB05-4B05-9EC2-84F004F07CA3
Certificate of Exemption From Shoreline Substantial
Development Permit and Critical Areas Regulations
City of Renton Department of Community & Economic Development
Cedar River 205 Levee Inspection Vegetation Clearing Project
LUA22-000248, SME, CAE
Permit Date: July 27, 2022 Page 2 of 4
D_CedarRiverLevee_220713_v2
activity of an essential City of Renton Public Works facility, but it is also a necessary
component of agreement with the USACE that would facilitate future inspections by
USACE staff. Recent periodic and annual inspections have flagged the density of the
vegetation on the riverside of the floodwalls as “unacceptable”. As such, vegetation
maintenance would ensure that the Cedar River 205 project would remain compliant
with the terms of its operation and maintenance manual and PL84-99 requirements.
The levees are located on the lower 1.25 miles of the Cedar River and extend from
Williams Avenue North to the mouth of the Cedar River at Lake Washington. The Cedar
River 205 Project protects portions of downtown Renton, the Boeing 737 plant, and the
Renton Airport from the 100-year flood.
SEC-TWN-R: SE07-23-5
LEGAL DESCRIPTION:
(King County Assessor)
POR SECS 7 & 18-23-5 & POR TOBINS D C INCL POR PLATTED & VAC STS LY WLY OF
COMM W W # 2 N OF N LN DIXIE AVE & ELY OF STATE HWAY # 5 & ELY & SLY OF FOLG
LN BEG ON ELY MGN SD HWAY AT PT 5 FT S OF N LN OF LOT 8 BLK 18 BRYN MAWR TH
E 89.23 FT TH N 05-16-51 E 438.90 FT TH N 40-09-47 E 188.55 FT TH N 60 FT TH N 29-
00-40 W 197.07 FT TH S 88-27-28 E 90.83 FT TH N 01-32-32 W 40 FT TH S 88-27-28 E
234.53 FT TH S 35-00-00 E 142.41 FT TH E 403.70 FT LESS LOTS 19 TO 22 INCL BLK 4
RENTON REAL ESTATE COS 1ST ADD LESS PORTION FOR LANE HANGAR
CONDOMINIUM -TGW POR OF RAINIER AVE N PER RENTON VAC ORD #5780
WATER BODY/REACH: Cedar River, Reach A
CRITICAL AREA(S): Wellhead Protection Area (Zones 1 and 2), Special Flood Hazard Areas (100-Year
Flood), Floodway (FEMA Zone AE), High Seismic Hazards
CRITICAL AREAS EXEMPTION JUSTIFICATION/DECISION: An exemption from critical area regulations, is hereby
APPROVED on the proposed project in accordance with RMC 4.3.050C “Exempt, Prohibited and Nonconforming
Activities” and for the following reasons:
Vegetation management is exempt from permit requirements within critical areas and associated buffers in
accordance with RMC 4.3.050C.3.c.iii Dangerous Trees, within Flood Hazard Areas, Geological Hazard Areas, and
Wellhead Protection Zones subject to the following standards:
Removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Board or other
government agency or dangerous trees, as defined in Chapter 4-11 RMC which have been approved by the City and
certified dangerous by a licensed landscape architect, or certified arborist, selection of whom to be approved by
the City based on the type of information required.
SHORELINE EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial
Development Permit is hereby Approved on the proposed project in accordance with RMC.4.9190C “Exemption
from Permit System’ and for the following reasons:
DocuSign Envelope ID: 55F8B3BD-EB05-4B05-9EC2-84F004F07CA3
Certificate of Exemption From Shoreline Substantial
Development Permit and Critical Areas Regulations
City of Renton Department of Community & Economic Development
Cedar River 205 Levee Inspection Vegetation Clearing Project
LUA22-000248, SME, CAE
Permit Date: July 27, 2022 Page 3 of 4
D_CedarRiverLevee_220713_v2
Normal maintenance or repair of existing structures or developments, including damage by accident, fire or
elements.
i.“Normal maintenance” includes those usual acts to prevent a declin e, lapse, or cessation from a lawfully
established condition.
ii.“Normal repair” means to restore a development to a state comparable to its original condition, including
but not limited to its size, shape, configuration, location and external appearance, within a reasonable
period after decay or partial destruction, except where repair causes substantial adverse effects to
shoreline resource or environment.
iii.Replacement of a structure or development may be authorized as repair where such replacement is the
common method of repair for the type of structure or development and the replacement structure or
development is comparable to the original structure or development including but not limited to its
size, shape, configuration, location and external appearance and the replacement does not cause
substantial adverse effects to shoreline resources or environment.
CRITICAL AREA EXEMPTION FINDINGS: The proposed development is consistent with the following findings
pursuant to RMC section 4-3-050C.2.d:
i.The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or
Federal law or regulation;
ii.The activity will be conducted using best management practices as specified by industry standards or
applicable Federal agencies or scientific principles;
iii.Impacts are minimized and, where applicable, disturbed areas are immediately restored;
iv.Where water body or buffer disturbance has occurred in accordance with an exemption during
construction or other activities, revegetation with native vegetation shall be required.
v.If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant
or substantial potential to degrade groundwater quality, then the Administrator may require
compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that
hazardous material, activity, and/or facility. Such determinations will be based upon site and/or
chemical-specific data.
SHORELINE EXEMPTION FINDINGS: The proposed development is:
i.Consistent with the policies of the Shoreline Management Act.
ii.Not Applicable to the guidelines of the Department of Ecology where no Master Program has been
finally approved or adopted by the Department.
iii.Consistent with the City of Renton Shoreline Master Program.
DECISION: The Cedar River 205 Levee Inspection Vegetation Clearing Critical Areas and Shoreline Substantial
Development Permit Exemption, LUA22-000248, SME, CAE is hereby Approved.
DocuSign Envelope ID: 55F8B3BD-EB05-4B05-9EC2-84F004F07CA3
Certificate of Exemption From Shoreline Substantial
Development Permit and Critical Areas Regulations
City of Renton Department of Community & Economic Development
Cedar River 205 Levee Inspection Vegetation Clearing Project
LUA22-000248, SME, CAE
Permit Date: July 27, 2022 Page 4 of 4
D_CedarRiverLevee_220713_v2
SIGNATURE & DATE OF DECISION:
_____________________________________ ______________________________
Vanessa Dolbee, Planning Director Date
RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by
the approval body. The approval body may modify his decision if material evidence not readily discoverable prior
to the original decision is found or if he finds there was misrepresentation of fact. After review of the
reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be
no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within
the 14-day appeal time frame.
APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing
Examiner on or before 5:00 PM on August 10, 2022. An appeal of the decision must be filed within the 14-day
appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to the ongoing state of emergency enacted by
Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be
submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub
only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be
collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are governed
by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s
Office, cityclerk@rentonwa.gov.
EXPIRATION: Two (2) years from the date of decision (date signed).
Attachments: Site Plan, Project Narrative
cc: Amanda Pierce, City of Renton- Applicant
DocuSign Envelope ID: 55F8B3BD-EB05-4B05-9EC2-84F004F07CA3
7/27/2022 | 2:52 PM PDT