HomeMy WebLinkAboutD_Cedar River Levee Recertification_SME_FINALDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
D_Cedar River Levee Recertification_SME_FINAL
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT AND CRITICAL AREAS
REGULATIONS
EVALUATION FORM & DECISION
DATE OF DECISION: April 25, 2023
PROJECT NUMBER: LUA23-000078, ECF, SME, CAE
PROJECT NAME: PW SWP - #27-3708 Cedar River Levee Recertification
PROJECT MANAGER: Jill Ding, Senior Planner
APPLICANT/OWNER/
CONTACT: Chester Bennett, City of Renton - Public Works
1055 S Grady Way, Renton, WA 98057
PROJECT LOCATION: Multipe sites along the Cedar River: 211 Burnett Ave N, 616 W Perimeter Rd, 9001
Nishiwaki Ln (Parcel Nos.: 072305HYDR, 182305HYDR, 1823059275, 1823059158, 182305 9277, 182305UNKN,
7229300626, 1823059263)
PROJECT DESCRIPTION: The applicant is requesting a Shoreline Exemption, and a Critical Areas Exemption for
recertification of the levee along the Cedar River. The proposed project would consist
of improvements to the existing Cedar River levee system to meet current Federal
Emergency Management Act (FEMA) flood design standards necessary for levee
certification. The existing flood protection system is located on both banks of the lower
Cedar River. The levee system consists of earthen levee embankments (levees) and
floodwalls along both banks of the lower 1.25 miles of the Cedar River. The proposed
levee improvements include minor modifications at eleven improvement sites
associated with the existing levee and floodwall system along both the left and right
banks of the Cedar River. The project site is located with the Residential -10 (R-10),
Center Downtown (CD), Medium Industrial (IM), and Urban Center-2 (UC-2) zones. The
Cedar River is classified as a Shoreline of the State and the project is located within
reach A of the Cedar River and the Shoreline High Intensity designation. The Cedar River
100-year floodplain and floodway. sensitive and protect slopes, seven (7) wetlands, and
a high seismic hazard area are mapped on the project site.
SEC-TWN-R: NE18-23N-05E and SE 7-23N-05E
DocuSign Envelope ID: DDC981EE-DBFE-4EC5-A798-FA9AE185DA8E
City of Renton Department of Community & Economic Devel opment Certificate of Exemption From Shoreline Substantial
PW SWP - #27-3708 Cedar River Levee Recertification LUA23-000078, ECF, SME, CAE
Development Permit and Critical Areas Regulations
Permit Date: April 25, 2023 Page 2 of 4
D_Cedar River Levee Recertification_SME_FINAL
LEGAL DESCRIPTION:
(King County Assessor)
Mulitple sites along the Cedar River Section 205
WATER BODY/REACH: Cedar River, Reach A
CRITICAL AREA(S): The Cedar River 100 year floodplain and floodway, sensitive and protect slopes, seven
(7) wetlands, and a high seismic hazard area are mapped on the project site.
CRITICAL AREAS EXEMPTION JUSTIFICATION/DECISION: An exemption from critical area regulations, is hereby
CONDITIONALLY APPROVED on the proposed project in accordance with RMC 4.3.050C “Exempt, Prohibited and
Nonconforming Activities” and for the following reasons:
Flood Hazard Areas Reduction: Implementation of public flood hazard areas reduction and public surface water
projects, where habitat enhancement and restoration at a one-to-one (1:1) ratio are provided, and appropriate
Federal and/or State authorization has been received.
Staff Comment: The proposed project would consist of improvements to the existing Cedar River levee s ystem to
meet current Federal Emergency Management Act (FEMA) flood design standards necessary for levee certification.
The existing flood protection system is located on both banks of the lower Cedar River. The levee system consists of
earthen levee embankments (levees) and floodwalls along both banks of the lower 1.25 miles of the Cedar River.
Potential levee improvements include modifications to the existing levee and floodwall system along both the left
and right bank of the Cedar River at a total of el even sites (three of which consist only of mitigation plantings and
clearing work). Proposed improvements along the right bank of the Cedar River include improving the transition
from the levee embankment to the existing floodwall, raising and regarding of the existing levee embankment, and
the raising/extending of the existing floodwall. The proposed improvements along the left bank of the Cedar River
include improving the transition from the levee embankment to the floodwall, raising the flood wall, raisi ng the
levee embankment with a curb wall widening the levee crest with a retaining wall, constructing a flood wall,
reconstructing a damaged floodwall, and the raising/regarding of the levee embankment. The purpose of these
improvements is to meet levee elevation, freeboard and other technical requirements in accordance with the
current flood model and levee criteria. The proposed improvements would result in a net total fill of forty -three (43)
cubic yards. All proposed work, with the exception of some mitigation plantings and invasive plant removal would
occur above the Ordinary High Water Mark (OHWM) of the Cedar River.
The proposed improvements would include approximately 13,000 SF of temporary impacts and 300 SF of permanent
impacts to shrubs and turf grass due to construction. The existing riparian vegetation that would be impacted is
mostly comprised of invasive shrubs and grass. However, there are seven (7) native trees in the vicinity of the Logan
Avenue Bridge that would be impacted. In -kind compensatory mitigation for riparian buffer impacts is proposed
through the removal of invasive vegetation and the installation of native plants within riparian buffer areas near
the project impact areas. The project includes approximately 21,000 SF of on -site vegetation mitigation and 20 trees
off-site as mitigation.
DocuSign Envelope ID: DDC981EE-DBFE-4EC5-A798-FA9AE185DA8E
City of Renton Department of Community & Economic Devel opment Certificate of Exemption From Shoreline Substantial
PW SWP - #27-3708 Cedar River Levee Recertification LUA23-000078, ECF, SME, CAE
Development Permit and Critical Areas Regulations
Permit Date: April 25, 2023 Page 3 of 4
D_Cedar River Levee Recertification_SME_FINAL
The proposal would also be subject to the following state and federal permits/authorizations: Section 205 of Flood
Control Act Approval (U.S. Army Corps of Engineers), NEPA Review, Conditional Lette r of Map Revision (FEMA), and
Hydraulic Project Approval (Washington State Department of Fish and Wildlife).
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:
Per RMC 4-9-190.C.1.i, the following shall not be considered substantial developments for the purpose of the
Shoreline Master Program and are exempt from obtaining a Shoreline Substantial Development Permit (SSDP):
Normal maintenance or repair of existing structures or developments, including damage by accident, fire or
elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully
established condition. "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. 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.
Staff Comment: See previous discussion above, the proposed project would include maintenance and repair to the
existing Cedar River Levee to meet current FEMA flood design standards necessary for levee recertification.
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 consistent with:
i. The policies of the Shoreline Management Act.
ii. The City of Renton Shoreline Master Program.
DocuSign Envelope ID: DDC981EE-DBFE-4EC5-A798-FA9AE185DA8E
City of Renton Department of Community & Economic Devel opment Certificate of Exemption From Shoreline Substantial
PW SWP - #27-3708 Cedar River Levee Recertification LUA23-000078, ECF, SME, CAE
Development Permit and Critical Areas Regulations
Permit Date: April 25, 2023 Page 4 of 4
D_Cedar River Levee Recertification_SME_FINAL
DECISION: The PW SWP - #27-3708 Cedar River Levee Recertification Critical Areas and Shoreline Exemption,
LUA23-000078, ECF, SME, CAE is Approved with Conditions*
*CONDITION OF APPROVAL:
1. The applicant shall submit planting plan as-builts and annual monitoring reports for five (5) years to
ensure there is no net loss of ecological functions.
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 May 9, 2023. An appeal of the decision must be filed within the 14-day appeal
period (RCW 43.21.C.075(3); WAC 197-11-680). Appeals must be submitted electronically to the City Clerk at
cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub Monday through Friday. The appeal fee,
normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted
electronically. The appeal submitted in person may be paid on the first floor in our Finance Department. Appeals
to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process
may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov.
EXPIRATION: Two (2) years from the date of decision (date signed).
Attachments: Plan Set, Biological Assessment, Levee Modification Analysis, Critical Areas Report
cc: Matt Herrera, Current Planning Manager
DocuSign Envelope ID: DDC981EE-DBFE-4EC5-A798-FA9AE185DA8E
4/25/2023 | 12:38 PM PDT