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HomeMy WebLinkAboutD_Bocce_Court_Shoreline_Permit_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT PLANNING DIVISION D_Bocce Court_Shoreline Permit SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT EVALUATION FORM & DECISION DATE OF PERMIT ISSUANCE: LAND USE ACTION FILE NO.: DATE RECEIVED DATE OF PUBLIC NOTICE: September 7, 2022 LUA22-000258, SSDP July 13, 2022 July 13, 2022 Pursuant to Chapter 90.58 RCW, staff recommends that the City of Renton grant a Shoreline Substantial Development Permit. This action is proposed on the following application: PROJECT NAME: City of Renton Senior Center Bocce Court Improvements PROJECT MANAGER: Jill Ding, Senior Planner OWNER/APPLICANT/CONTACT: Alan J. Wyatt City of Renton 1055 S Grady Way, 6th Floor Renton, WA 98057 PROJECT LOCATION: 211 Burnett Ave N, Renton, WA 98057 (Parcel nos. 1823059158 and 1823059277) LEGAL DESCRIPTION: (Per King County Assessors Records) POR GL 1 - BEG INTSN OF C/L OF N 3RD ST & BURNETT AVE N TH S 0 - 13-50 W ALG C/L BURNETT AVE N 295.21 FT TH N 89-46-10 W 30 FT TO TPOB TH N 89-46-10 W 73 FT TH N 40-10-06 W 206.17 FT TO AN INTSN WITH ELY R/W MGN OF N P RR R/W TH S 15-58-50 W ALG SD ELY MGN 56.70 FT TO BEG OF TANGENT CURVE TH SLY ALG SD TANGENT CURVE TO LFT RAD 1382.69 FT THRU C/A 07-43-03 ARC DIST 186.25 FT TH S 44-57-38 E 228.36 FT TH S 44-56-35 E 16.19 FT TH N 44- 48-47 E 141.26 FT TO AN INTSN WITH SWLY R/W MGN OF N 1ST ST TH N 44-57-38 W ALG SD SWLY R/W 15.60 FT TO AN INTSN WITH WLY R/W MGN OF BURNETT AVE N TH N 0-16-10.1 W ALG SD WLY R/W 140.42 FT TO TPOB - AKA LOT 1 OF LOT LN ADJ NO 004-80 POR GL 1 LY NLY OF NLY MGN COMMON WATER WAY DIST NO 2 & SLY OF FOLG DESC LN - BEG INTSN OF C/L OF N 3RD ST & BURNETT AVE N TH S 0-13-50 W ALG C/L BURNETT AVE N 295.21 FT TH N 89-46-10 W 103 FT TH N 40-10-06 W 206.17 FT TO AN INTSN WITH ELY R/W MGN OF N P RR R/W TH S 15-58-50 W ALG SD ELY MGN 56.70 FT TO BEG OF TANGENT CURVE TH SLY ALG SD TANGENT CURVE TO LFT RAD 1382.69 FT THRU C/A 07-43-03 ARC DIST 186.25 FT TO BEG OF SD LN TH S 44 - 57-38 E 228.36 FT TH S 44-56-35 E 16.19 FT TH N 44-48-47 E 141.26 FT DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SM SSDP DATE OF PERMIT: September 7, 2022 Page 2 of 13 TO AN INTSN WITH SWLY R/W MGN OF N 1ST ST TH S 44-57-38 E ALG SD SWLY R/W TO ELY MGN OF SD NE 1/4 & TERM SD LN LESS POR LY WLY OF E LN OF N P RR R/W SEC-TWN-R: SEC31-TWN24- R5 PROJECT WITHIN THE SHORELINE OF: Cedar River, Reach B APPLICABLE MASTER PROGRAM: City of Renton PROPOSAL DESCRIPTION: The applicant is requesting a Shoreline Substantial Development Permit for improvements to the existing Bocce Ball Court at the Renton Senior Center. The project site is located within the R-10 zone and totals approximately 120,700 sq. ft. (2.77 acres). Pr oposed improvements include the removal and replacement of existing shrubs, replacement of existing benches and concrete pads, the addition of a corn hole court and metal tennis table, pour-in-place rubberized surfacing, a pour-in-place checkerboard, and improvements to make the court flush with existing concrete pavement. The existing synthetic turf will be removed and the gravel underlaying the bocce court area will be lowered several inches. Rubberized surfacing will be poured in place to bring the bocce court area level with the existing surrounding surface. The project site is located within the Shoreline High Intensity Designation along Reach B of the Cedar River. The proposed work would be located approximately 110 feet from the Ordinary High Water Mark (OHWM) of the Cedar River. A 100-year floodplain and floodway is mapped on the project site. The existing concrete pads that support the existing benches are located within the 100-year flood plain. These benches and concreted pads would be removed and replaced with new concrete pads and benches in the same location matching the existing grade, therefore compensatory storage would not be required. A seismic hazard, sensitive slopes (slopes with grades between 25 and 40 percent), and wellhead protection area, zone 1 are also mapped on the project site. The repair, remodeling, maintenance, or minor alteration of existing private or public structures, facilities or equipment, including utilities, recreation, and transportation facilities involving no material expansions or changes in use beyond that previously existing; except that, where undertaken wholly or in part on lands covered by water, only minor repair or replacement of structures may be exempt (examples include repair or replacement of piling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks) would be exempt from Environmental (SEPA) Review.The proposal would be exempt from Environmental (SEPA) Review as it would include the repair and minor alteration to an existing recreational facility and does not include any inwater work. FINDINGS OF FACT: 1.The applicant is requesting a Shoreline Substantial Development Permit for improvements to an existing Bocce Ball Court at the Renton Senior Center. 2.A Shoreline Substantial Development Permit is required as the proposed improvements include vegetation removal/replanting as well as the addition of exercise equipment within the bocce ball court area, which would go beyond the maintenance and repair exemption criteria as identified in the Shoreline Management Act (WAC 173-27-040). 3.The landward portion of the site currently is developed with an existing Bocce Ball Court associated with the adjacent City of Renton Senior Center. 4.Proposed improvements include the removal and replacement of existing shrubs, replacement of existing benches and concrete pads, the addition of a corn hole court and metal tennis table, pour-in-place rubberized surfacing, a pour-in-place checkerboard, and improvements to make the court flush with existing concrete pavement. The existing synthetic turf will be removed and the gravel underlaying the bocce court area will be lowered several inches. Rubberized surfacing will be poured in place to bring the bocce court area level with the existing surrounding surface. DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 3 of 13 5.The proposed improvements would facilitate access to the Cedar River by patrons on the Senior Center. 6.The project site is located within the Shoreline High Intensity Designation along Reach B of the Cedar River. The proposed working would be located approximately 110 feet from the Ordinary High Water Mark (OHWM) of the Cedar River. 7.A seismic hazard, sensitive slopes (slopes with grades between 25 and 40 percent), wellhead protection area, zone 1, 100-year floodplain, and floodway are mapped on the project site. 8.The existing concrete pads that support the existing benches are located within the 100 -year flood plain. These benches and concreted pads would be removed and replaced with new concrete pads and benches in the same location. No new fill is anticipated within the floodplain. 9.The subject site has priority habitat and is located in areas regulated by the City of Renton Shoreline Master Program for the Cedar River. 10.The proposed improvements would not require the removal of existing significant trees. 11.The proposed improvements would be located on the least sensitive portion of the project site, approximately 110 feet from the Cedar River. 12.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 have been incorporated into the appropriate sections of this report, and the Departmental Recommendation at the end of this report. 13.The proposal would be exempt from Environmental (SEPA) Review as it would include the repair and minor alteration to an existing recreational facility and does not include any inwater work. 14.A Stream Study, prepared by WSP, dated June 16, 2022 (Exhibit 3) was submitted with the project application. The Stream Study states that the proposal would result in no net loss of ecological functions and values along the shoreline of the Cedar River. 15.An Endangered Species Act (ESA) No Effect Letter, prepared by WSP, dated June 16, 2022 (Exhibit 4) was submitted with the project application. The No Effect Letter states that the proposal would have no effect on species or resources subject to the Endangered Species Act. 16.The following table contains project elements intended to comply with the Shoreline Master Program standards and policies, as outlined in RMC 4-3-090: SHORELINE MASTER PROGRAM CRITERIA: A.COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT: The site is located in the Shoreline Residential and Aquatic Overlay Districts. The objective of the Residential Shoreline Overlay District is to accommodate residential development and appurtenant structures that are consistent with this chapter. The objective of the Aquatic designation is to protect, restore, and manage the unique characteristics and resources of the areas waterward of the ordinary high water mark. The proposal is compliant with the following Shoreline policies: ✓Objective SH-A. Provide for use of the limited water resource consistent with the goals of the Shoreline Management Act by providing a preference for water-oriented uses. DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SM SSDP DATE OF PERMIT: September 7, 2022 Page 4 of 13 ✓ Objective SH-B. Provide that the policies, regulations, and administration of the Shoreline Master Program ensure that new uses, development, and redevelopment within the shoreline jurisdiction do not cause a net loss of shoreline ecological functions. ✓Policy SH-7. Existing and future activities on all Shorelines of the State regulated by the City of Renton should be designed to ensure no net loss of ecological functions. ✓ 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. B.DEVELOPMENT STANDARDS: The subject site where the pier will be located is classified as Shoreline Residential and Aquatic on the City of Renton Shoreline Overlay Map. The following development standards are applicable to the proposal: 1.No Net Loss of Ecological Functions Required ✓ 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, wat er 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. Impact Evaluation Required: In assessing the potential for net loss of ecological functions or processes, project-specific and cumulative impacts shall be considered and mitigated on- or off-site. Evaluation of Mitigation Sequencing Required: An application for any permit or approval shall demonstrate all reasonable efforts have been taken to provide sufficient mitigation such that the activity does not result in net loss of ecological functions. Mitigation shall occur in the following prioritized order: (a)Avoiding the adverse impact altogether by not taking a certain action or parts of an action, or moving the action. DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 5 of 13 (b)Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology and engineering, or by taking affirmative steps to avoid or reduce adverse impacts. (c)Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment. (d)Reducing or eliminating the adverse impact over time by preservation and maintenance operations during the life of the action. (e)Compensating for the adverse impact by replacing, enhancing, or providing similar substitute resources or environments and monitoring the adverse impact and taking appropriate corrective measures. Staff comment: The applicant submitted a Stream Study (Exhibit 3), prepared by WSP, dated June 16, 2022 and a No Effect Letter (Exhibit 4), prepared by WSP, dated June 16, 2022 with the project application materials. The proposed project would be confined to the limits of the existing Senior Activity Center and would occur approximately 110 feet from the OHWM of the Cedar River. The proposed improvements would not expand the footprint of the existing fitness center and there is no work proposed below the OHWM of the Cedar River and all work would occur outside of the required 100-foot vegetation conservation buffer. As all work is proposed outside of the 100-foot vegetation conservation buffer, the project proposal would avoid impacts to the Cedar River shoreline. The proposed project would not result in a loss of riparian habitat, or a loss of waters of the state and, thus, would have no effect on the surrounding riparian or aquatic habitat. 2.Burden on Applicant ✓ Applicants for permits have the burden of proving 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 Stream Study (Exhibit 3), prepared by WSP, dated June 16, 2022 and a No Effect Letter (Exhibit 4), prepared by WSP, dated June 16, 2022 with the project application materials. The Stream Study concludes that the propose bocce court improvements would occur outside of the required 100-foot vegetation conservation buffer and therefore the project would have no effect on the surrounding riparian or aquatic habitat. The No Effect Letter concludes that in accordance with the Essential Fish Habitat (EFH) requirements of the Magnuson-Stevens Act, that the project “will not adversely affect” EFH for Pacific salmon species. The proposed action would avoid effects to habitat, and the proposed improvements will result in no significant effects to any functional component of EFH for Pacific salmon species. 3.View Obstruction and Visual Quality N/A View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or multi-lot developments are proposed, primary structures shall provide for view corridors DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 6 of 13 between buildings where views of the shoreline are available from public right-of-way or trails. Staff comment: Not applicable, the proposal does not include commercial, industrial, multiple use, multi-family and/or multi-lot developments. N/A Maximum Building Height: Buildings shall be limited to a height of no more than 35 feet above average finished grade level except at specific locations. Staff comment: No new buildings are proposed. 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 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. N/A 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: Not applicable, no lighting is proposed as part of this project. N/A Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. Staff comment: Not applicable, no buildings are proposed as part of this 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: Not applicable, no mechanical equipment is proposed as part of this project. ✓ 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 proposed bocce court improvements includes the installation workout equipment, including: an assisted row/push up bar, cardio stepper, stretching equipment, hand cycler, ping pong table, balance steps, and checker board. None of the proposed exercise equipment would be visually prominent or adversely impact views from surrounding properties. N/A Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet in width; provided, that where ADA requirements apply, such facilities may be increased to six feet in width. Stairways shall conform to the existing topography to the extent feasible. DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 7 of 13 Staff comment: No new stair or walkways are proposed within the 100-foot vegetation conservation buffer. 4.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 project is not anticipated to generate noise, odors, lighting issues, or other water and land traffic disturbances beyond those that are part of utilizing the exercise equipment. 5.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 B: Public access should generally be provided within the corridor of public lands adjacent to the river; however, adjacent private parcels not separated by public streets should provide active open space and other facilities to provide gathering places to enjoy the shoreline environment, together with water-oriented uses. Revisions to the existing trail to relocate further from the water’s edge to allow revegetation should be considered in the future as part of public park and river maintenance plans. Staff comment: The project site abuts the existing Cedar River Trail and the proposed Bocce Court Improvements would provide additional public access opportunities along the trail and for patrons of the Senior Center. 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 ✓ 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. (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- DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 8 of 13 dependent uses, where no alternative locations are available and no net loss of ecological functions will result. Staff comment: The proposed bocce court improvements would be located on an existing developed portion of the project site (i.e. existing artificial turf bocce court) and not within an area that includes substantial unaltered natrual features. The proposal would not include clearing necessary for vehicle and pedestrian circulations systems; no new parking is proposed; no new utilities are proposed; and no new shoreline stabilization structures would be required for the proposal. 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 bocce court improvements would be located approximately 110 feet from the OHWM of the Cedar River and would not adversely impact acc ess to navigable waters. 7.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 including the State Department of Archaeology & Historic Preservation (DAHP), and the Duwamish and Muckleshoot Tribes as part of the notice of application process. Staff received comments from the Duwamish Tribe (Exhibit 5) requesting an archeological review. These comments were provided to the applicant who met with the Duwamish Tribe and provided them with Inadvertent Discovery Protocol (Exhibit 6) regarding the steps to be taken in the even archeological resources are discovered, no further comments were received. No other agency comments were received. ✓ 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. DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 9 of 13 Staff comment: 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 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: Per the Inadvertent Discovery Protocal (IDP) (Exhibit 6) discussed above, if archological resources are discovered during project construction all ground disturbing work on the project site would stop. The project proponent would contact the agencies with jurisdiction over the lands where the discovery is located for evaluation, and the appropriate protection measures. ✓ 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: Per the Inadvertent Discovery Protocal (IDP) (Exhibit 6) discussed above, if archological resources are discovered during project construction, the applicant would contact the agencies with jurisdiction over the lands where the discovery is located for evaluation as well as the identification of appropriate protection measures, which may include public education. 8.Standards for Density, Setbacks, and Height – Activities Exempt from Buffers and Setbacks The following development activities are not subject to buffers and setbacks; provided, that they are constructed and maintained in a manner that minimizes adverse impacts on shoreline ecological functions; and provided further, that they comply with all the applicable regulations in RMC Title IV. ✓ Water-Dependent Development: Those portions of approved water-dependent development that require a location waterward of the OHWM of streams, rivers, lakes, ponds, marine shorelines, associated wetlands, and/or within their associated buffers. Staff comment: The proposed improvements would not expand the footprint of the existing fitness center and there is no work proposed below the OHWM of the Cedar River and all work would occur outside of the required 100-foot vegetation conservation buffer. 9.Use Regulations: Recreational facilities are permitted in the High Intensity Shoreline Overlay District pursuant to the standards outlined in RMC 4-3-090E.8. DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 10 of 13 Recreation Facilities: ✓ a.When Allowed: Recreation activities are allowed when: i.There is no net loss of ecological functions, including on- and off-site mitigation. ii. Water-related and water-enjoyment uses do not displace water-dependent uses and are consistent with existing water-related and water-enjoyment uses. iii. The level of human activity involved in passive or active recreation shall be appropriate to the ecological features and shoreline environment. iv. State-owned shorelines shall be recognized as particularly adapted to providing wilderness beaches, ecological study areas, and other recreational uses for the public in accordance with RCW 90.58.100(4). Staff comment: The applicant submitted a Stream Study (Exhibit 3), prepared by WSP, dated June 16, 2022 and a No Effect Letter (Exhibit 4), prepared by WSP, dated June 16, 2022 with the project application materials. The Stream Study concludes that the propose bocce court improvements would occur outside of the required 100-foot vegetation conservation buffer and therefore the project would have no effect on the surrounding riparian or aquatic habitat. The proposed bocce court improvements would not displace existing water dependent uses. The proposed improvements include the removal and replacement of existing shrubs, replacement of existing benches and concrete pads, the addition of a corn hole court and metal tennis table, pour-in-place rubberized surfacing, a pour-in-place checkerboard, and improvements to make the court flush with existing concrete pavement. The existing synthetic turf will be removed and the gravel underlaying the bocce court area will be lowered several inches. Rubberized surfacing will be poured in place to bring the bocce court area level with the existing surrounding surface. All existing improvements would occur outside the required 100-foot vegetation conservation buffer and would encourage a level of activity that is appropriate to the ecological functions of the High Intensity Overlay. The proposal would not be located on state-owned property. ✓ b.Location Relative to the Shoreline: Activities provided by recreational facilities must bear a substantial relationship to the shoreline, or provide physical or visual access to the shoreline. i. Water-dependent recreation such as fishing, swimming, boating, and wading should be located on the shoreline. ii. Water-related recreation such as picnicking, hiking, and walking should be located near the shoreline. iii. Non-water-related recreation facilities shall be located inland. Recreational facilities with large grass areas, such as golf courses and playing fields, and facilities with extensive impervious surfaces shall observe vegetation management standards providing for native vegetation buffer areas along the shoreline. Staff Comment: The proposed bocce court improvements would be considered a water- enjoyment recreation facility. The proposed work would be located outside of the 100 -foot DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 11 of 13 vegetation conservation buffer and would provide the appropriate visual access to the Cedar River. N/A c. Over-Water Structures: Over-water structures for recreation use shall be allowed only when: i. They allow opportunities for substantial numbers of people to enjoy the shorelines of the State. ii. They are not located in or adjacent to areas of exceptional ecological sensitivity, especially aquatic and wildlife habitat areas. iii. They are integrated with other public access features, particularly when they provide limited opportunities to approach the water’s edge in areas where public access is set back to protect sensitive ecological features at the water’s edge. iv. No net loss of ecological functions will result. Staff Comment: Not applicable, no over-water structures are proposed. ✓ d. Public Recreation: Public recreation uses shall be permitted within the shoreline only when the following criteria are considered: i. The natural character of the shoreline is preserved and the resources and ecology of the shoreline are protected. ii. Accessibility to the water’s edge is provided consistent with public safety needs and in consideration of natural features. iii. Recreational development shall be of such variety as to satisfy the diversity of demands of the local community. iv. Water-related and water-enjoyment uses do not displace water-dependent uses and uses are consistent with existing water-related and water-enjoyment uses. v. Recreational development is located and designed to minimize detrimental impact on the adjoining property. vi. The development provides parking and other necessary facilities to handle the designed public use. vii. Effects on private property are consistent with all relevant constitutional and other legal limitations on regulation or acquisition of private property. viii. Public parks and other public lands shall be managed in a manner that provides a balance between providing opportunities for recreation and restoration and enhancement of the shoreline. Major park development shall be approved only after a master planning process that provides for a balance of these elements. Staff Comment: The proposed bocce court improvements would be located outside of the 100-foot vegetation conservation buffer and as previously discussed above are not anticipated to have a negative impact on the functions and values of the existing shoreline habitat. The proposed improvements would provide exercise equipment and games for patrons of the Senior Center as well as pedestrians of all ages utilizing the adjacent Cedar River trail. No new access to the Cedar River shoreline would be provided through this proposal. The existing parking lot for the Renton Senior Center would provide adequate parking for the proposed bocce court improvement project. DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 12 of 13 This Permit is granted pursuant to the Shoreline Management Action of 1971 and pursuant to the following: 1.The issuance of a license under the Shoreline Management Act of 1971 shall not release the applicant from compliance with federal, state, and other permit requirements. 2.This permit may be rescinded pursuant to Section 14(7) of the Shoreline Management Act of 1971 in the event the permittee fails to comply with any condition(s) hereof. 3.Construction permits shall not be issued until 21 days after approval by the Washington State Department of Ecology or until any review proceedings initiated within this twenty-one (21)-day review period have been completed. 4.The proposed bocce court improvements may require additional permits from other state and federal agencies. It is the applicant’s repsonsiblity to obtain all necessary permits. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: _________ Vanessa Dolbee, Planning Director Department of Community & Economic Development Date APPEALS: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the 21 days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General’s office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk’s office. N/A e. Private Recreation: i. Private recreation uses and facilities that exclude the public from public aquatic lands are prohibited. Private recreation uses that utilize public aquatic lands shall provide public access in accordance with criteria in subsection D4 of this Section, Public Access. ii. Private recreational uses open to the public shall be permitted only when the following standards are met: (a) There is no net loss of ecological functions, including on- and off-site. (b) There is reasonable public access provided to the shoreline at no fee for sites providing recreational uses that are fee supported, including access along the water’s edge where appropriate. In the case of Lake Washington, significant public access shall be provided in accordance with public access criteria in subsection D4 of this Section, Public Access. (c)The proposed facility will have no significant detrimental effects on adjacent parcels and uses. (d) Adequate, screened, and landscaped parking facilities that are separated from pedestrian paths are provided. (e) Recreational uses are encouraged in multiple use commercial development. Staff Comment: Not applicable, the proposal does not include private recreation facilities. DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2 9/7/2022 | 10:36 AM PDT City of Renton Department of Community & Economic Development City of Renton Senior Center Bocce Court Improvements Shoreline Management Permit LUA22-000258, SSDP DATE OF PERMIT: September 7, 2022 Page 13 of 13 EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2)-year period. Exhibits/Attachments: Exhibit 1: Shoreline Substantial Development Permit Exhibit 2: Site Plan Exhibit 3: Stream Study Exhibit 4: No Effect Letter Exhibit 5: Comments from Duwamish Tribe Exhibit 6: Applicant Response to Duwamish Comments and Inadvertent Discover Protocol cc: Office of Attorney General Glen St. Amant, Muckleshoot Indian Tribe Fisheries Dept. Matthew Herrera, Current Planning Manager DocuSign Envelope ID: B4CC5607-BD99-4BC8-94CA-9F862FF2D6F2