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HomeMy WebLinkAboutSR_ERC_Lew_Boatlift_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map SR_ERC_Lew_Boatlift_FINAL (003) ENVIRONMENTAL REVIEW COMMITTEE REPORT ERC Meeting Date: October 30, 2023 Project File Number: PR21-000432 Project Name: Lew Boatlift Land Use File Number: LUA23-000321, ECF, SSDP Project Manager: Jill Ding, Senior Planner Owner: Sin Lew, 3101 Mountain View Ave N, Renton, WA 98056 Applicant/Contact: Zion Napier, Seaborn Pile Driving, 1080 W Ewing Pl, #300, Seattle, WA 98119 Project Location: 3101 Mountain View Ave N (Parcel No. 3342103895) Project Summary: The applicant is requesting a Shoreline Substantial Development Permit and Environmental (SEPA) Review for the installation of a new boat lift for the property owners of 3101 Mountain View Ave N on an existing dock. The existing dock was recently permitted under LUA22-000126. The project site and adjacent properties are zoned as R-8. The site is on the shoreline of Lake Washington (Reach E) within the Shoreline Residential and Aquatic designations. The proposed boat lift would be located approximately 144’ waterward of the ordinary high water mark on the south side of the dock. The boat lift would be 12’-2” wide by 15’-11” long. The bunk of the boat lift would extend 18” above the ordinary high- water mark and the lift will sit on the lake bed of Lake Washi ngton on foot pads. No dredging, fill, or excavation would be done for the project. Exist. Bldg. Area SF: N/A Proposed New Bldg. Area (footprint): Proposed New Bldg. Area (gross): N/A N/A Site Area: 37,742 sq. ft. (0.87 acres) Total Building Area GSF: N/A STAFF RECOMMENDATION: Staff Recommends that the Environmental Review Committee issue a Determination of Non-Significance (DNS). DocuSign Envelope ID: 90C75C65-AD2D-4872-A0C3-281417E44DC7 City of Renton Department of Community & Economic Development Lew Boatlift Staff Report to the Environmental Review Committee LUA23-000321, ECF, SSDP Report of October 30, 2023 Page 2 of 4 SR_ERC_Lew_Boatlift_FINAL ENVIRONMENTAL REVIEW In compliance with RCW 43.21C.240, the following environmental (SEPA) review addresses only those project impacts that are not adequately addressed under existing development standards and environmental regulations. A. Environmental Threshold Recommendation Based on analysis of probable impacts from the proposal, staff recommends that the Responsible Officials: Issue a DNS with a 14-day appeal period B. Exhibits Exhibit 1: Environmental Review Committee (ERC) Report Exhibit 2: Plan Set Exhibit 3: Lake Study/No Net Loss Determination, prepared by Northwest Environmental Consulting, LLC, dated July 2022 Exhibit 4: Duwamish Tribe Comments Exhibit 5: Advisory Notes C. Environmental Impacts The Proposal was circulated and reviewed by various City Departments and Divisions to determine whether the applicant has adequately identified and addressed environmental impacts anticipated to occur in conjunction with the proposed development. Staff reviewers have identified that the proposal is likely to have the following probable impacts: 1. Earth Impacts: The upland portion of the project site is mapped within a moderate landslide hazard area. However, the installation of the proposed boatlift would occur primarily below the Ordinary High Water Mark (OHWM), within Lake Washington, which is outside of the mapped landslide hazard area, therefore a geotechnical report was not required to be submitted with the application materials. No mitigation is recommended as the proposed dock would be constructed outside of the mapped moderate landslide hazard area. Mitigation Measures: None recommended. Nexus: N/A 2. Water a. Lakes Impacts: The applicant submitted a Lake Study/No Net Loss Determination (Exhibit 3), prepared by Northwest Environmental Consulting, LLC, dated May 2022 with the project application materials. The Lake Study was originally submitted with the application materials for the Lew Residence Dock (LUA22-000126) and has been updated to include the impacts for the proposed boatlift. The project site abuts Lake Washington, a Shoreline of the State, and is within reach E and the Shoreline Residential and Aquatic designations. Juvenile Chinook salmon, and other salmonids, rear and migrate along the Lake Washington shoreline. The proposed project would generate temporary construction impacts from noise and disturbed sediments during installation of the boatlift. Construction impacts would be minimized by complying with the prescribed in water work window and use of applicable Best Management Practices (BMPs) to prevent construction spills and debris from escaping the area. The boatlift would be placed at the end of the dock within the deepest water possible to mitigate potential impacts from turbidity during docking and cast-off. DocuSign Envelope ID: 90C75C65-AD2D-4872-A0C3-281417E44DC7 City of Renton Department of Community & Economic Development Lew Boatlift Staff Report to the Environmental Review Committee LUA23-000321, ECF, SSDP Report of October 30, 2023 Page 3 of 4 SR_ERC_Lew_Boatlift_FINAL The submitted Lake Study/No Net Loss Determination (Exhibit 3) concludes that the proposed boatlift would utilize BMPs to reduce project impacts. As part of the previous dock permit, the applicant installed shoreline plantings to mitigate for any adverse impacts that may result from the dock construction. A surety device has been posted and the plantings are currently within the five year maintenance and monitoring period (MM22-000269). The updated Lake Study concludes that the combination of the utilization of BMPs during project construction as well as the previous planting of native vegetation along the shoreline would improve ecological functions or prevent further degradation of habitat and will result in No Net Loss of ecological functions at the site. No further mitigation is recommended. Mitigation Measures: None recommended Nexus: N/A 3. Vegetation Impacts: The submitted Lake Study/No Net Loss Determination (Exhibit 3), noted that the project site is currently vegetated with lawn area and variance ornamental landscape beds and tr ees. As part of the previous dock permit (LUA22-000126) mitigation plantings were planted along the shoreline would increase habitat conditions at the project site. The mitigation plantings are currently within the five-year maintenance and monitoring period (MM22-000269). The Lake Study concluded that the plantings would provide overhanging cover, structural diversity for birds and wildlife, detritus for aquatic inv ertebrates and long-term recruitment of woody material and other allochthonous food sources for aquatic invertebrates and fish species. The Lake Study also concluded that the installed mitigation plantings would mitigate any adverse impacts that would result from the installation of the boatlift as well as the original dock construction. No further mitigation is recommended. Mitigation Measures: None recommended Nexus: N/A 4. Wildlife Impacts: The submitted Lake Study/No Net Loss Determination (Exhibit 3), noted that Lake Washington is known to provide habitat to river otters, beavers, nutrias, and muskrats. In addition, deer and coyotes have been observed within the vicinity of the project site. Washington Department of Fish and Wildlife’s (WDFW) Priority Habitat and Species (PHS) mapping and SalmonScape mapping tools show the following salmonid species using Lake Washington for migration and/or rearing: residential coastal cutthroat (Oncorhynchus clarki), winter steelhead (O. mykiss), Dolly Varden/bull trout (Salvelinus malma), sockeye salmon (O. nerka), fall Chinook (O. tshawytscha), coho salmon (O. kisutch), and kokanee (O. nerka). The Salmonscape database maps the project site as critical habitat to the Endangered Species Units (ESU) of Threatened Chinook and steelhead. Sockeye spawning is mapped as occurring along the shoreline at or adjacent south of the site and within a few hundred feet to the north of the project site. May Creek (a Type F stream) is located approximately 3,000 feet north of the project site. May Creek is modeled by WDFW for spawning of non-listed coho and sockeye and listed Fall Chinook and winter steelhead trout. Juveniles may rear in the waters near the project site when traveling from spawning sites on other lake tributaries to the lake’s outlet at the Locks. The project site is accessible to any fish migrating or rearing in the lake, and Lake Washington is designated as critical habitat for Endangered Fall Chinook salmon. Comments were received from the Duwamish Tribe (Exhibit 4) requesting that in water work not occur during required fish and wildlife windows. The work is proposed to be completed within the in-water work window for Lake Washington, which is July 16-December 31. As previously discussed above, the proposed boatlift has located towards the end of the dock, within the deepest waters possible and would utilize BMPs to reduce project impacts. The combination of the utilization of BMPs during project construction as well as the siting of the boatlift within the deepest water DocuSign Envelope ID: 90C75C65-AD2D-4872-A0C3-281417E44DC7 City of Renton Department of Community & Economic Development Lew Boatlift Staff Report to the Environmental Review Committee LUA23-000321, ECF, SSDP Report of October 30, 2023 Page 4 of 4 SR_ERC_Lew_Boatlift_FINAL possible would prevent further degradation of habitat and would result in No Net Loss of ecological functions at the site, therefore no further mitigation is recommended. Mitigation Measures: None recommended Nexus: N/A D. Comments of Reviewing Departments The proposal has been circulated to City Department and Division Reviewers. Where applicable, their comments have been incorporated into the text of this report and/or “Advisory Notes to Applicant.” ✓ Copies of all Review Comments are contained in the Official File and may be attached to this report. The Environmental Determination decision will become final if the decision is not appealed within the 14 -day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Environmental Determination Appeal Process: Appeals of the environmental determination must be filed in writing on or before 5:00 p.m. on November 13, 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: The Conditional Use Permit decision will expire two (2) years from the date of decision. A single two (2) year extension may be requested pursuant to RMC 4-9-030. 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. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: 90C75C65-AD2D-4872-A0C3-281417E44DC7 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT STAFF REPORT TO THE ENVIRONMENTAL REVIEW COMMITTEE EXHIBITS Project Name: Lew Boatlift Land Use File Number: LUA23-000321, ECF, SSDP Date of Meeting October 30, 2023 Staff Contact Jill Ding Senior Planner Project Contact/Applicant Zion Napier Seaborn Pile Driving 1080 W Ewing Pl, #300, Seattle, WA 98119 Project Location 3101 Mountain View Ave N (Parcel No. 3342103895) The following exhibits are included with the ERC Report: Exhibit 1: Environmental Review Committee (ERC) Report Exhibit 2: Plan Set Exhibit 3: Lake Study/No Net Loss Determination, prepared by Northwest Environmental Consulting, LLC, dated July 2022 Exhibit 4: Duwamish Tribe Comments Exhibit 5: Advisory Notes DocuSign Envelope ID: 90C75C65-AD2D-4872-A0C3-281417E44DC7