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Home My WebLink AboutMiscSeattle Public Utilities July 2, 2008 CEDAR RIVER ACCESS FACILITY MANAGEMENT PLAN Recreation and Public Access Educational Opportunities for Salmon Resources Adult Salmon Collection CONTENTS Management Plan for Cedar River Access Facility...............................................3 Purposeof the plan..........................................................................................3 Purpose.............................................................................................................3 General Site Description...................................................................................3 Background (historical/current site use)............................................................4 PhysicalBackground.....................................................................................4 HistoricalSite Use.........................................................................................4 Current Site Conditions and Use...................................................................5 ProposedImprovements...................................................................................5 Management of Project Site in the Construction Phase....................................7 General Work Scope.....................................................................................7 Schedule........................................................................................................7 Site Management during Construction...........................................................7 PublicAccess................................................................................................8 Restoration....................................................................................................8 Management for Recreational Use and Public Access Site ..............................8 Activitiesand Access.....................................................................................8 Recreationand Wayfinding............................................................................9 Management of the Broodstock Collection at the Project Site ...........................9 Background....................................................................................................9 Weir.............................................................................................................10 Traps...........................................................................................................10 Safetycable.................................................................................................11 Access.........................................................................................................11 Trailers.........................................................................................................12 Utilities.........................................................................................................12 Lighting... ..................................................................................................... 12 Publicsafety................................................................................................12 Goals for broodstock collection....................................................................13 Impacts to other species.......................................................... .....13 Mobilization and installation.........................................................................13 Maintenance................................................................................................14 Staffing and daily operations........................................................................14 Public Outreach and Education.......................................................................15 Fixed interpretive and educational panels: ................................................. .15 Kiosk............................................................................................................15 1. Overview of the regional trail system....................................................15 2. Rules and Regulations..........................................................................15 3. History of land ownership and use........................................................15 4. Sockeye in the Cedar (seasonal sign posted during collection phase).15 5. Source to Sound and Faucet (posted when not collecting sockeye) ....15 InterpretivePanel: ........................................................................................ 15 1. Lifestyles of the Fish and Famous........................................................16 2. Born to be Wild: Native habitats and plants. ......................................... 16 Brochures.................. ............ ........ .............................................................. 16 Stakeholders and Partnership Opportunities: .......... ................................... 16 Friends of the Cedar River Watershed (FCRW)..........................................16 WRIA8.................... ....................................................................................16 CedarRiver Council.....................................................................................16 Washington State Department of Fish and Wildlife (WDFW).......................16 Tie-in with Cedar River efforts: .................................................................... 17 Cedar River Salmon Journey.......................................................................17 Stewardship activities........................................................................ ....17 Appendices Cultural Resources Assessment.. ................................................. Appendix A Renton Tri-Park Master Plan ........................................................ Appendix B 2 Management Plan for Cedar River Access Facility Purpose of the plan The Cedar River is a prime location for fishing, non -motorized boating, and nature viewing. Seattle Public Utilities (SPU) is proposing to construct a public year round improved river access in Renton on the Cedar River at river mile 1.7 above Lake Washington in Renton. The improved river access will become part of a regional trail system and will add an important access for non -motorized watercraft put -in or pull-out. The improvements will also provide SPU with river access from mid -September to early December to collect adult sockeye salmon for the Cedar River Sockeye Hatchery. This Management Plan describes the background of the project; the proposed improvements; public access and recreational opportunities, management of the site in construction, and management and site use for broodstock (sockeye salmon) collection. This project has multiple stakeholders (SPU, City of Renton, the Recreation and Conservation Office (RCO), and Washington Department of Fish and Wildlife (WDFW)) and this management plan strives to address the multiple interests in a compatible manner. The guiding principle for this management plan is that the access facility responds to recreational and public access needs since these needs are a governing factor in the access facility's compatibility with site land use criteria. Purpose This project will provide for year round access for recreational use and educational outreach activities on the Cedar River through the installation of access and informational facilities. On a seasonal basis, the improvements will provide for access and the collection of adult sockeye salmon for the hatchery at Landsburg. General Site Description The project is located on the north and south banks of the Cedar River directly upstream from Interstate 1-405. Currently, there is no improved access to the river itself in the project area. There is an existing pedestrian/bicycle trail (Cedar River Trail) that parallels the river. On the north side of the river is the City of Renton's Cedar River Park (park use) which includes a large lawn area, landscaping, and a paved pedestrian trail along the river's edge. There is also a pedestrian bridge with lighting over the Cedar River immediately downstream of the project site connecting Cedar River Park to the Cedar River Trail and the proposed access facility. The existing shoreline on the river has been disturbed at various periods for road construction; river channel work; improvements for parks such as retaining walls, landscaping, and revetments. The south bank of the river is sloped with a bench area just above the river and is primarily composed of alluvial soils with the following native and invasive vegetation: Native Plants: • Red -Osier Dogwood (Cornaceae Comas sericea L.) 3 • Bigleaf Maple (Ater macrophyllum), shrub sized • Sitka willow (Salix sitchensis) • Sweet gale (Myrica gale) • Horsetail (unsure of species) • Black cottonwood (Populus balsamifera ssp. trichocarpa) • Red alder (Alnus rubra) Invasive Plants: • Japanese knotweed (Polygonum cuspidatum) • Ivy (likely English ivy; Hedera helix) • Himalayan blackberry (Rubes discolor) Background (historical/current site use) Physical Background The majority of the work in the project area will take place on the south bank of the Cedar River where the access driveway is to be located. The south side of the river is underlain with fill material that is likely due to realignment of the river channel in the early 1900's from the Duwamish River to Lake Washington. Additional fill may exist from levees, revetments, roads and railroad grades. The original site characteristics were likely shaped by Pleistocene glacial events similar to other rivers in the north -central Cascades and Puget Sound Basin. Subsequent alluvial processes, vegetational succession, and manmade activities have modified these events. The original vegetation has been characterized by cedar, hemlock and Douglas fir type forest that has since been logged. Later activities have further modified the vegetation of the project site so that the area now consists of hardwood trees species (Black Cottonwood, Bigleaf Maples and Red Alders). The site also includes native and non- native shrubs and plants as described in Section IV above. The current site consists mainly of riverine shoreline, a bench area above the Cedar River, and sloped areas. Historical Site Use It is most likely that the project is within an area that was first used by aboriginal populations for activities such as travel, trade, and resource procurement. Among the Tribes most frequently mentioned for this general region are the Duwamish, Snoqualmie, Muckleshoot and Yakima tribes. With European settlement, the area was subject to logging, coal mining, and railroad activities. The site is also the former location of a brick manufacturing plant. Included with this management plan as Appendix A is a Cultural Resource Assessment Report performed by Cacadia Archaeology that summarizes the results of field surveys performed for potential archeological and cultural resources on the south side of the river where the access driveway will be located. Additionally this report follows the guidelines of "Executive Order 0505" issued by the Office of the Governor of Washington State. Minor excavation and ground disturbances will take place on the north side of the river bank. SPU will contract with Cascadia Archaeology to be on site during the construction activities to monitor for historic artifacts. Both the Muckleshoot Indian Tribe and the Snoqualmie Tribe Cultural Resource staff were contacted by letter and e-mail for 4 comments on the proposed project. No comments were provided by the tribes. Copies of the Cultural Resource Assessment were mailed to the Tribes as well. Current Site Conditions and Use The project site is currently zoned as Resource Conservation and serves as open space. Future improvements are identified in the Tri-Park Plan as adopted by the Renton City Council. These lands were procured by the City of Renton with the following funding sources: Washington Wildlife and Recreation Program grant funds administered by the Resource and Conservation Office, 1989 King County Open Space Bond Issue Funds, King County Conservation Futures 1993 Regional Projects grant funding, and King County Conservation Futures 1993 Suburban Project grant funding. The Cedar River Trail was developed with Federal ISTEA and State WWRP grant monies. Currently the proposed access facility consists of open space bounded by the Cedar River Trail on the south and the Cedar River on the north. The area is undeveloped and is used in an unofficial capacity to access the Cedar River. Most public use at this time occurs on the Cedar River Trail which is used for walking, bicycling, roller blading, etc. A pedestrian bridge is located just downstream of the project site and the Cedar River Park is on the north side of the river. The portion of the project site on the south bank of the Cedar River is overgrown with shrubs, plants and trees (see "General Site Description" for more details). Proposed Improvements The improvements will accommodate public access, recreational activities and broodstock sockeye salmon collection and includes the following improvements (see Figure 1 — Site Plan): Access drive (includes entrance and driveway) Pathway improvements + Interpretive signs and a kiosk + A temporary, removable weir in the Cedar River • Utilities — water, electricity, • Lighting + A viewing area above the weir location • Temporary trailers (one for living quarters and one for storage) These improvements are to meet the needs of several types of activities that are expected at this site including access to the Cedar River, providing public opportunity to observe salmon runs and sockeye salmon collection activities, and put -in and pullout for non -motorized boats. The location of the access site next to the Cedar River Park, Cedar River Trail, existing pedestrian bridge across the river, and future park improvements (described in the "Renton Tri-Park Master Plan") enhances these existing and proposed facilities. It is anticipated that many of these park users will take advantage of the public access to the south side of the Cedar River offered by this project that currently does not exist. During the fall months this project will provide an excellent opportunity for viewing and gaining insight to the salmon resources in the Cedar River. 5 APPROX : • a -. NEW W WIDE CONC SIDEWALK 1-405 ROW V, t I I CEDAR RIVER I I PARK E>d5•TING PIDE5TR AN 1 / 2 NEW REMAINING BRIDGE I / INTERPRETIVE WALL AND COWYNS �/ / PANELS REMOVABLE SERMCE CABLE �.� REMOVABLE WEIR SIC WATERFRONT A AOCEW SIGN v REMOVABLE 4 s BDLLARos •.fir: �.F� �oF REMONwm PARCEL APPROX okm PROP LINE _ �kih'G C a a .a s• _ LEGEND unLRY TRAM w/ PERVIOUS CONC �- TRASH & RECYCLE PAVING CONTAINER-- STATE OF ::::. 1 PARCEL ASPHALT PAVING BOLLARDS A I EXIS'1N�G GATE � RIVER �;; ' CONC SIDEWALK 40 20 0 I V 40 80 �/+ EXIST PAVEMENT SCALE W FEET - NEW LANDSCAPE IFIGURE 1: SITE LAYOUT PLAN In summary, facilities are proposed that are intended to have minimal impact on other users while carrying out contractual responsibilities under agreement with federal and state resource agencies and the Muckleshoot Tribe. The importance of working closely with the staff of the City of Renton on this project and ensuring that the facilities are safe is recognized. A safety plan will be developed to address safety concerns. Management of Project Site in the Construction Phase General Work Scope The construction work will be completed by a team experienced in earthwork, utilities, paving, erosion control and site restoration and planting. The work will entail: 1. Installation of erosion control features including silt fences and other elements as detailed in the construction drawings and specifications 2. Clearing and some excavation for the access roadway; 3. Placement of an electrical panel near the bollards for a temporary power supply, lighting consistent with Renton Community Services Parks Division standards, and conduits extending down near the river access 4. Water to a freeze proof yard hydrant and RV connection 5. Placement of less than 4,000 square feet of concrete and pervious concrete pavement for the access roadway 6. Restoration of the site with special erosion control materials on steep slopes and planting with appropriate native plants 7. Placement of a kiosk and other signage to present information that will be of interest and useful to the public regarding access, and historic and current activities in the area 8. Tree removal will be kept to a minimum to include two 18 inch diameter cottonwood trees, one 12 inch diameter bigleaf maple, one 10 inch diameter red alder tree and one 7 inch diameter red alder tree plus smaller trees and shrubs. All invasive species on the site (Himalayan and evergreen blackberry vines and Japanese knotweed) will be removed. Access to temporary power through the conduits will be via flush ground level locked access boxes. Earthwork and the roadway will be done in a manner to avoid causing any obstruction in the floodway. Schedule It is anticipated that construction worts will commence in August 2008 and will be complete to a point that the roadway is complete by late September. During this time, steps one through five above will be completed and the erosion control materials in step 6 will be placed. Also the informational kiosk and signs for the left (south) bank and informational panel supports for the right (north) bank will be installed. Signage and panels are scheduled to be complete and in place by September. During September the temporary fish weir and trap will be installed in the river and the office/living quarters and utility trailers will be parked on the adjacent parking lot between the Narco Road and Cedar River Trail. Also, the site planting and seeding will begin in September and will be completed by October 151". Site Management during Construction The site will be kept open to the public during construction to the degree possible while managing for public safety and protection of the work. The Cedar River Trail will be 7 open at all times with a temporary bypass that will permit strengthening of a section of the trail where vehicles will cross (refer to construction drawing C1, Site Layout Plan). The surfaces will be kept flush to the existing pavement for the safety of trail users. Special temporary signage will be installed to advise bicyclists and pedestrians of the trail detour or other relevant temporary features during construction. This information can also be conveyed by venues such as the City of Renton's web site, public access channels, and flyers made available in public areas such as the Renton Community Center and the library. Public Access Throughout the entire construction and operating period the public will have access to the entire site with some exceptions. Sensitive slopes with erosion control materials will have "soft" fences with signage asking the public not to walk on the area until vegetation becomes established. Areas of new pavement for access will need to be temporarily cordoned off during placement and curing to ensure safety and a high quality product. During the placement of new paving or other construction activities that will temporarily block access to the Cedar River Trail, temporary detours will be established to maintain continuity of trail use. It is possible that the Renton River Days (July 23-27) and part of the construction period may overlap. In this event the Cedar River Trail and associated parking will need to remain open and unaffected by construction and this restriction will be noted in the contract documents for this project. Restoration The grounds around the entire site will have invasive plants such as blackberry, knotweed, etc. removed and replaced with appropriate native vegetation. Since the site is a river access and recreation area for the public, the trees, shrubs, and ground cover will be selected to maintain desirable views and allow easy public access and use. Some grassy or low ground cover will be used to provide openings easily walked without overcoming heavy shrub and tree growth. Management for Recreational Use and Public Access Site Activities and Access Adjacent to the site are parklands, open space and the Cedar River Trail that are important for public use. There is some non -motorized water craft on the river and this activity should be enhanced by this project due to the improved public access and use primarily during peak season (Memorial Day through Labor Day). It is anticipated that the weir and salmon collection operations would minimally affect these activities due to the time of year (mid -September to early December). In the event there are non - motorized users in the river when the temporary weir is in place, a segment of the floating weir or fence is designed to easily pass boats and rafts. Access to the sockeye weir and trap will be located within the City of Renton. In 2006, the City adopted the Tri-Park Master Plan, culminating a year -long planning process. The master plan provided an overview of the challenges and opportunities of an expanded Interstate 405 corridor and a unified approach to integrating the facilities in Liberty and Cedar River Parks, as well as the undeveloped Narco Site. At the time of the master planning process, the advent of a future Broodstock facility was known and anticipated along the Cedar River's left bank near 1-405. The precise site location was to be determined after completion of the master plan. Recreation and Wayfinding Pedestrians will enter the improved river access via the existing Cedar River Trail. This project will include three informational signs, an interpretive kiosk and a viewing area. The kiosk will be sited on the left (south) bank in such a manner as to provide visual oversight of the site. A small pedestrian -scale sign will be installed near the top of the access ramp along the trail to inform and invite the public to use this new waterfront access. Additionally, on the right bank above the weir and behind the existing masonry parapet wall in Cedar River Park, two (2) additional interpretive panels will be installed_ The signs will be free-standing and located on a new accessible concrete sidewalk installed behind the wall. The type of information to be conveyed on the signs includes public access and recreational information for the Cedar River, information related to the Cedar River Trail and regional trail system, information on salmon, cultural resources, and the Cedar River basin uses. Management of the Broodstock Collection at the Project Site Background In 1991, the Cedar River Sockeye Enhancement Project was initiated to revive a declining sockeye population and the sockeye hatchery at Landsburg is a component of that program. The hatchery operates a remote broodstock collection facility from mid - September to early December. The facility consists of a weir and trap operation in the river near Cavanaugh Pond (river mile 6.7) and captures migrating adult sockeye for the hatchery. The existing weir is composed of ecology blocks, large wooden A -frames, and removable aluminum picket panels that form a porous barrier directing fish into a large trap. Trapped sockeye are transported up to 3 times per day from the weir to the hatchery while other species (i.e., Chinook and coho) are passed up river. The annual number of adult sockeye collected by the hatchery represents a relatively small fraction of the overall sockeye run (average 7.6% from 1995-2007, inclusive). The current weir and the weir site at Cavanaugh Pond have a number of shortcomings that impacts the hatchery program. A significant number of sockeye spawn below river mile 6.7 mile, which limits broodstock collection and potentially excludes genetic representation of sockeye spawning in the lower river (biological goals). In addition, the current weir and weir site is not conducive to trapping fish at flows of 600 cfs or greater. In these flows, the weir picket panels are pulled out to allow for passage of the increased water volume and associated debris_ When operating under these circumstances the facility is unable to capture a significant number of fish, but the structural integrity of the facility often remains intact. As flows increase above 600 cfs, the A -frame weir becomes increasingly unstable and will eventually washout as flows approach about 1,000 cfs. The new location and resistant board weir proposed for the Renton site should remedy these shortcomings. The location and design of the broodstock collection facility are important to meeting the biological goals of the hatchery. Considerable work has been done to develop technical protocols and designs that reduce the risk of unintended adverse effects on naturally spawning salmon populations while allowing the project to contribute to larger sockeye 7 returns and improved fishing opportunities. The location at 1-405 was carefully chosen after technical studies and environmental review pointed to this site as the best location. The location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that is representative of the entire population. The current site at Cavanaugh Pond (river mile 6.7) misses approximately 30% of the population because it is so far upstream. The collection facility system that is planned for the 1-405 site has been in use in other areas and has been successful at withstanding higher fall flows that compromise the facility currently in use. Consequently, current collection operations often need to be terminated earlier than desired, compromising biological and production goals. The proposed system is capable of withstanding higher flows due to its flexibility and ability to submerge during periods of very high flows. This will allow the collection period to occur near the middle of the run rather than favoring the earlier portion of the run, Weir Resistance board weirs have been used in Alaska for over 20 years, and in recent years, they have been used in Washington, Oregon and California. Their popularity as a monitoring and management tool continues to grow throughout the country. By design, resistance board weirs are relatively flexible structures that provide for boat passage, river user safety, and improved debris management. In contrast to rigid structures such as concrete or A -frame weirs, resistance board weirs have the ability to "collapse," or fold down in the downstream direction during high flow or debris load conditions, allowing floating debris to pass over. This is a huge benefit compared to rigid weirs, allowing the structure to collapse and sink rather than washout. The weir proposed for this site will span the width of the Cedar River, just upstream of the 1-405 Bridge (see Figure 2). The pickets and spacers are plastic and built in 3,x20, panel sections. The bottoms of these panels are secured to the riverbed by hooking to a cable that runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets that are connected to a metal base. The metal base is secured to the bottom with pins and small cables to duckbill anchors upstream. The metal plate will be left in place from year to year, but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December. Traps A trap made of aluminum pickets, approximately 6'x 12' in size, will be used to intercept sockeye. It will be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up nearer to shore as flows increase. The trap will have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and coho will pass the collection site. The hatchery will need to trap up to 20,000 sockeye depending on run size and broodstock collection will be less than 50% of the sockeye run. Specific protocols for passing Chinook will be in place for avoiding delay or causing redistribution of spawning sites. Protocols have been developed and tested at the current facility and that knowledge will be used to develop procedures for the new facility. Monitoring will continue to identify where Chinook spawn, expanding on a data base that began in 1999. to la�thaatl gfj ` substrata rail - atleam � f fth pen"" Gitlin fixed weir Figure 2: Schematic diagram of a resistance board weir Safety cable A safety cable that spans the river will be installed to provide greater employee security when working during high flow conditions. The cable would be high enough off the water to avoid being a hazard to boaters. This cable would be removed at the end of collection operations. Access Through the environmental review process and related discussions with Renton City staff and elected officials, it is felt that impacts to public access and recreational use can be minimized while enhancing opportunities for the public to learn more about salmon in the Cedar River. The access drive will provide safe and easy access to the Cedar River for foot traffic that is not currently available on the south side of the Cedar River. Also the drive area will provide a facility for the launching of small non -motorized watercraft such as row boats, kayaks, canoes, and inner tubes for water activities. Public access to the facility will not be precluded when the fish transport truck is entering or leaving the access driveway. The fish transport truck drivers are SPU employees; they have Commercial Drivers Licenses and routinely operate heavy equipment in public areas with pedestrians, cyclists, and vehicular traffic. They will yield the right-of-way to the public. The fish loading operation should take no more than an hour and during that operation, WDFW and SPU staff will guide boaters to the safest route around the truck as they approach the ramp. The public interaction at this site will be very similar to the interaction SPU and WDFW have encountered at the former weir site, which was located at rivermile 6.5 in a King County park. Staff will also be able to inform the public about adult salmon collection activities. The access drive will allow for removal of salmon from the traps and into the hauling truck. Up to two times a year, a boom truck may be used to facilitate trap installation and removal. Authorized vehicular access to the broodstock weir will be from the existing Narco Road across the existing pedestrian trail_ This section of the trail will be modified to support the weight of the truck. Part of the existing unimproved parking area is planned to be used as the site for the caretaker's trailer and a smaller storage trailer. To access the river, removable bollards will be installed in lieu of a few large stones currently restricting vehicles to the parking area. Per the Tri-Park Master Flan, the existing parking lot will be replaced by a larger lot upstream, The current Narco Road alignment will be modified and extended, via a new bridge, over the Cedar River to the park facilities on the right bank, eventually connecting with SR169. Future vehicular and trail access to the facility will be continuously maintained. Trailers Personnel will be on site 7 days a week, 24 hours a day when the weir is in operation. A portable trailer will be situated in the informal gravel parking area between the Narco Road and the Cedar River Trail for temporary living quarters. In addition, a smaller, temporary equipment trailer will be placed adjacent to the living quarters to allow for storage of equipment and clothing. Refer to Figure 1: Site Layout Plan. Utilities Electricity will be brought to the site for lighting, pumps and to provide electricity to the caretaker RV, A small (314") water service will be installed to provide potable water to the upper portion of the project site. Garbage and recycling containers will be provided for weir operation staff. Clearly labeled containers will be placed in the utility/equipment trailer and their contents will be removed weekly (or more frequently if necessary) and managed off -site. Restroom facilities will be located in the trailer designated as temporary living space. There will be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer. Tanks will be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. We are exploring the possibilities of establishing a connection to a nearby sewer line at a later date. All utilities will be separately metered and usage will be paid for by SPU. Lighting A lighting system is proposed to meet the functional and safety requirements of the round-the-clock demand of the fish collection program_ The fixtures will be selected and sited to minimize glare and to be visually recessive in the landscape. The system will be on a separate circuit, to be activated only during fish collection operations. Public safety The river supports non -motorized boat traffic and moderate recreational use, especially in the summer months. When the weir is in place from mid -September to early December, a boat passage cap in the weir structure will allow for safe boat passage over the top of the weir. Public and field crew safety is the highest priority for the project. Various agencies have proven the safe design of this weir structure through their experience elsewhere. The weir design, operational procedures, and safety plan minimize potential public safety risks. The weir has many safety aspects inherent in its design for passing objects and not trapping surface objects and safety will be augmented with operational elements (monitoring, cleaning, etc...), buoys, safety lights, 12 and warning signs. Signs for river users will be posted upriver at Riverview Park and along the river bank between Riverview Park and the weir. Throughout the season, the weir and its operation will be evaluated to identify potential risks and immediate action will be undertaken to eliminate or minimize those risks. There will be signage installed on the shore and around the weir warning the public of the dangers associated with walking on the weir. Goals for broodstock collection Collection of adequate numbers of sockeye broodstock to meet the hatchery eggtake goal is critical to the success of the hatchery program. The goal for the interim hatchery is rarely met because sufficient broodstock can not be captured with the existing weir design and location, in part because a significant number of sockeye spawn below the current capture site. As envisioned at this time, the increased trapping efficiency at the Renton site will reduce the number of days required to transport fish from seven to five (Monday — Friday). Personnel will be on -site 7 days a week, 24 hours a day and will be responsible for monitoring and cleaning the weir. Impacts to other species Adverse impacts to Chinook and other fish species are likely to be avoided or minimized through monitoring and modifying weir operations. This has been done very successfully at the Cavanaugh Pond site through operational protocols. The protocols are being modified for the weir site in Renton, through consultation with the Cedar River Anadromous Fish Committee, including federal, tribal, and state fish management agencies. Mobilization and installation Mobilization for installation of the weir will begin in mid -September. The weir installation takes 2-3 days with a 4-6 person crew. It will take an additional 2-3 days to setup the supporting infrastructure and equipment. Relatively simple installation and removal are important features of resistance board weirs. No concrete pilings or other permanent structures are necessary. Picket panels made of poly vinyl chloride (PVC) pipe and ultra high molecular weight plastic (UHMW) are the primary structural weir components. These panels can be quickly installed and removed by hand by a few technicians and the entire weir and associated components can be installed or removed within 2-3 days. Installation begins with the placement of the substrate rail in the river. The rail is installed in sections and it is secured on the bottom with rebar stakes. It may be necessary to install duckbill anchors into the substrate upstream of each rail section. A cable is threaded through eyelets on the substrate rail and serves as an anchor system for the resistance board panels. Resistance board panels are hooked on the substrate rail cable. A boat passage area receives specialized panels for passing watercraft and the trap area receives a modified passing chute panel. Once all of the resistance board panels are installed then the trap will be installed. The trap is a modular structure and installation takes a crew of 2-4 about 4 hours to install. The weir will be installed in stages and boaters will be able to easily navigate around the installation. If the need arises, weir installers can provide boaters with assistance. Once 13 the weir is installed, boaters will be able to navigate over the weir at the skiff gates (see Figure 2). The weir installation will be coordinated from the south shore of the river. However, the equipment and supplies will not monopolize the entire access drive during the installation process. There will be areas for boaters and others to access the river during installation. Maintenance The weir is cleaned on a regular basis (i.e., at least daily). The frequency of maintenance depends on flow and debris levels. A pair of technicians can walk across the weir to partially submerge each panel, thereby allowing the current to wash most debris downstream. Technicians will use a rake, stiff bristle brush, or their hands to clear away aquatic vegetation and to push larger debris loads off the weir. Staffing and daily operations A trained person will be on site 24 hours a day while the weir is in the river. Temporary housing is provided in a recreational trailer in the parking area. Daily operation occurs from approximately 7:30 a.m. to 5:00 p.m. During this time period up to four people will sort fish from the trap into holding pens in the river (one for females and one for males). Additional people may be called in to work during non -regular hours to address problems and ensure work is conducted in a safe manner. One to three times per day fish will be moved to the transportation truck on the ramp close to ordinary high water. Moving fish to the truck will be done by hand in soft fish tubes or mechanically. The mechanical transfer is planned to be done by lifting the fish in a container and swinging them over the truck, or through lifting and pouring the fish through a pipe into the transport truck. If a second trap is used, fish from that trap will likely be transported by hand to the fish transport truck. Once the truck is loaded, it and two to three people will leave to take the fish to the Cedar River Sockeye Hatchery at Landsburg. At least one person will remain at the weir site. The fish will be delivered to holding facilities at Landsburg. The number of the trips the fish transport truck will make each day will depend on the number of fish available, the number of fish already collected, staffing limitations, and other activities. Only one trip per day will be needed when numbers of sockeye are low in the early and later stages of the run. Due to physical limitations it is expected that the maximum number of trips at the peak of the fish migration will be three round trips. The goal is to collect enough fish through operations Monday through Friday, that there will be little or no fish hauling on Saturdays and Sundays. This will depend on the trapping success of the new weir. During some flow situations a boat may be used to remove material from the weir. The boat will not be motorized, in compliance with local regulations. The boat would be secured to a temporary cable above the river and upstream of the weir when it is in use. The boat will be stored at Landsburg and not at the project site. 14 Public Outreach and Education Fixed interpretive and educational panels: These panels will be developed by SPU through an interpretive design process, with input from City of Renton, RCO, Muckleshoot and Snoqualmie Tribes (if desired). They will be full color, and constructed of porcelain -baked enamel which is designed to be installed outdoors. Kiosk An interpretive kiosk is proposed on the left bank overlooking the broodstock weir. The kiosk will be a painted, fabricated steel structure with a roof and anchored to an accessible concrete slab along the river side of the existing Cedar River Trail. Space will be provided to install four 2' x 3' interpretive panels in a vertical format. The four -panel kiosk will include five main topics, with the last two installed on a rotating basis, depending on whether or not the weir is in operation: 1. Overview of the regional trail system Map of park layout and regional trail, description of recreational opportunities, including biking, walking, boating, and fishing. A small brochure will provide a take- away with recreation opportunities and stewardship messages (e.g. water wise gardening or other topics relevant to City of Renton initiatives) designed as part of this panel. 2. Rules and Regulations Posting of City of Renton Park rules, updateable fishing regulations, trail etiquette, partnerships with other agencies to create the trail, park, and recreational area. 3. History of land ownership and use Native American usage, trans -continental railway, diversion of the Cedar into Lake Washington, industry of the Denny Renton Clay Co., recent land acquisition and ownership, including RCO, and City of Renton. 4. Sockeye in the Cedar (seasonal sign posted during collection phase) Broodstock operation, hatchery (how it works, how it helps salmon, who's in charge), Muckleshoot Indian Tribe/WDFW co -managers of sockeye fishery, SPU's role under the Habitat Conservation Plan, adaptive management, sockeye life cycle. A white board space to provide public with daily and/or cumulative fish count updates. 5. Source to Sound and Faucet (posted when not collecting sockeye) The story of the Cedar River and its basin: information on drinking water supply and management — Renton's aquifer and SPU's management of the Cedar River Municipal Watershed; management of flows for fish resources and flood control. Interpretive Panel: Free -Standing Interpretive Panels: Two 2' x 3' free-standing interpretive panels will be sited on the river's right bank above the weir 15 1. Lifestyles of the Fish and Famous Who is in the river (sockeye, Chinook, coho, steelhead, rainbow trout, suckers, cutthroat, whitefish), when they are in the river, developmental phases in the river, diagram of life cycle of anadromous/freshwater fish, sockeye in the Cedar River (seasonal sign posted during collection phase). Broodstock operation (how it works, how it helps salmon, who's in charge), hatchery, SPUANDFW co -managers of sockeye fishery, adaptive management, and sockeye life cycle. 2. Born to be Wild: Native habitats and plants Plant identification and specific animals they support, erosion control, riparian zones, how people can help salmon and native habitat at home. (Similar info to kiosk sign #d-1, reformatted to horizontal layout) Brochures Brochure developed and produced by SPU(to be posted on Kiosk as part of Recreation opportunities panel) Topic: Regional trail system, recreation opportunities, and stewardship messages (e.g. waterwise gardening, water conservation, native planting, litter control, etc. as relevant to City of Renton). Stakeholders and Partnership Opportunities: The organizations listed below have a demonstrated interest in the health of the lower Cedar River, and will be contacted to see in what ways it would be appropriate for them to support this project. Friends of the Cedar River Watershed (FCRW) "Mission: To inspire conservation and protection of a healthy Cedar River Watershed through restoration, education, and stewardship." SPU will retain FCRW to recruit and coordinate 1-2 stewardship events, depending on need, to restore native habitat in project area. WRIA 8 "In WRIA 8, citizens, scientists, businesses, environmentalists and governments are cooperating on protection and restoration projects and have developed a science -based plan to conserve salmon today and for future generations." http://dnr.metrokc.gov/wrias/8/index.htm Cedar River Council "The Cedar River Council (CRC) is made up of a group of stakeholders who voice their opinions and concerns and participate in discussions about issues regarding the health of the river at monthly meetings. CRC membership cultivates collaboration among a variety of citizens including basin residents and representatives of community groups, businesses, and local, state, federal, and tribal governments." Washington State Department of Fish and Wildlife (WDFW) WDFW staff will be on -site 24/7 during the collection period. SPU will facilitate training of staff in public contact and education, recognizing that this is an essential and inescapable part of their work. They will be able to assist with a variety of questions, 16 primarily about the broodstock facility and the salmon, but also be able to refer visitors to the appropriate place for questions about recreation opportunities. Tie-in with Cedar River efforts: Cedar River Salmon Journey Coordinated among Seattle Public Utilities, Friends of the Cedar River Watershed (FCRW), and the Seattle Aquarium, partially funded by King Conservation District and the City of Renton, this 10-year program trains volunteers to interpret the magnificent salmon journey up the Cedar River every fall. About 60 volunteers are stationed at 4-5 sites along the Cedar on 6 weekend dates in the fall, sharing their knowledge of salmon, habitat needs, and Cedar River history. Sites for 2008 may include Renton Library, Cedar River Park and Broodstock facility, Riverview Park, Cavanaugh Pond, and Landsburg Park. Stewardship activities FCRW coordinated 14 restoration events in the entire Cedar River Watershed in 2007, utilizing 380 volunteers and clearing 1.25 acres of invasive plants. Similar habitat restoration events are planned for 2008 and beyond. Seattle Public Utilities will fund and coordinate 1-2 restoration events (depending on the need once the project is complete) in the vicinity of the project, to remove invasive plants or plant native species in disturbed area. They will recruit local residents, schools or community organizations to participate in this effort. There is a potential outreach opportunity to schools in the vicinity of the Cedar River Watershed, such as: Lindbergh High School, Nelson Middle School, and Tiffany Park Elementary School. Habitat stewardship activities such as native plant restoration, salmon watching, and water testing are possibilities. Collaboration with interested teachers/classes to create a self -guided, or volunteer (Cedar River Salmon Journey volunteers) facilitated program at the site during salmon spawning season will be explored. Inclusion of WDFW staff in the program is possible. 17 Appendix A Cultural Resources Assessment CULTURAL RESOURCES ASSESSMENT FOR THE CEDAR RIVER SOCKEYE BROOD STOCK SITE RENTON, KING COUNTY, WASHINGTON by Jana L. Boersema Report Prepared for: Seattle Public Utilities Cascadia Archaeology PO Box 51058 Seattle, WA 98115-1058 Roster Agreement No, R00-03-02 Supplement No. 1 Work Assignment No. 8 Task 2 May 20, 2008 Cultural Resources Assessment for the Cedar River Sockeye Brood Stock Site Renton, King County, Washington Introduction Seattle Public Utilities is planning to develop a Sockeye Brood Stock Site on the lower Cedar River in Renton, Washington. The development will include construction of an access road and turnaround area, approximately 280 feet in total length on the left (or south) bank of the river. Because project involves a terrace and bank of the Cedar River, a cultural resource assessment was requested by Ralph Naess, Public and Cultural Programs Director for Seattle Public Utilities. An archaeological survey was conducted on May 14, 2008 by archaeologist Jana Boersema who was assisted by Field Technician Sarah Thompson. Project Location The project area is in Township 23 North, Range 5 East, Section 17 (Figure 1). The proposed brood stock site is at the mouth of the Cedar River Valley, where it opens onto the now defunct Black River Valley, about 1.6 miles south of the south end of Lake Washington in the city of Renton. The project area is at the toe of a finger ridge from the uplands on the south side of the Cedar River. The proposed access road will start at Narco Road and cross the Cedar River Trail at the front edge of a terrace above the river, and then curve down the terrace slope to a lower terrace that is within the active flood plain of the river. The uplands in the vicinity of the project area are primarily composed of till deposits from the Vashon Stade of the Fraser Glaciation (Pacific Northwest Center for Geologic Mapping Studies 2006). The wide, level floodplain at the mouth of the valley, and across the river from the project area, was built up by thick alluvial fan deposition. In the north.part of Renton these alluvial fan deposits are at least 130 feet thick. The fan deposition likely occurred right at the end of the Vashon glaciation. As the alluvial fan built up, it dammed the south end of the valley in which Lake Washington formed (Mullineaux 1970). Alluvial deposition in the valleys continued during the Holocene, however in the immediate vicinity of the project area recent and historic land use has obliterated the natural deposits, which are now mapped as urban or modified land (MRCS 2006; Pacific Northwest Center for Geologic Mapping Studies 2006). Cultural and Historic Background Prehistoric use of and habitation near the mouth of the Cedar River Valley have been documented by previously investigated sites in the vicinity of the project area. Several sites have been investigated along the banks of the Black River, including two village sites, 45KI51, the Sbabadid site, and 45KI59, Tualdad Altu (Chatters 1981, 1988). Other nearby sites have not been as extensively investigated, but they include both probable village sites and resource z 0 0 N 0 F 2 22013'00" W 122012'00" W NAD27 12201VOW W pill J�1 11' i f ``� �� %� •�vl: 5 �.`-ram Ml wigt� 13Y.° 0 000 FEET 0 �9Tt- - _#000 MFTFFS Printed ham TOPOI Cn10f1 Nalimal C3wmpl is Hokkw (www topo com) Figure 1. Project vicinity, T23N, R5E, Sec. 17, shown on USGS Renton, WA 7.5' topographic quadrangle (1994). acquisition sites. No previously recorded sites are located within or immediately adjacent to the project area. Ethnographies, histories, and oral traditions indicate that the Duwamish people were residents of the project vicinity for many generations. Their villages are documented both by early maps of the area and by place names given by the Duwamish people and recorded by T. T. Waterman (Hilbert et al. 2001) in the 1920s. The 1865 GLO survey map shows an "Indian Village" approximately 1 mile (1.6 km) from the project area along the bank of the Black River. A place name recorded by Waterman identifies a place that means "gravel always falling" that may have been adjacent to or near the project area. A village is known to have been located at the confluence of the Black and Cedar Rivers, approximately 7I8 mi from the project area (Hilbert et al. 2001:149). An important Native American trail, the Cedar River Trail, followed the Cedar River, but was located across the river from the project area (Larson and Lewarch 1990). By 1865 the project area was within the donation land claim settled by H. H. Tobin (GLO 1865). Subsequently, the town of Renton was established on the south bank of the Cedar River, just west of the project area (USGS 1895). Coal and high quality clay were discovered just southeast of the project area, and Renton Clay Works opened a plant in 1902 approximately 400 m southeast of the project area. The plant made bricks and other clay products. Tracks were laid up the Cedar River valley by the Columbia and Puget Sound Railroad (C&PS) in the late 19`h or early 201h century (USGS 1895; Sanborn Map Company 1904). The railroad continued operation on the tracks up the Cedar River Valley into the 20th century, although the ownership changed hands several times (Buerge 1989; Metsker 1926, 1936). The Cedar River Recreation Trail, which crosses the project area on the terrace above the Cedar River, is on the historic railroad bed. In 1905 the Renton Clay Works plant became the Denny -Renton Clay and Coal Co. and was expanded to three times its original capacity. The 1909 Sanborn map describes brick kilns with 40 ft, high chimneys. With subsequent expansions the plant became the largest paving brick manufacturer in the world in 1917 (Slauson 1976). The plant was bought by Gladding Mc.Bean and Company in 1927, which continued to produce bricks, clay sewer tile, and other products. In 1962 it merged with International Pipe and Ceramics and continued operating into the late 201h century. The 1936 Metsker map indicates that the project area may have been within the boundaries of the Gladding McBean and Co. property, but the buildings and structures of the clay plant, during its various phases, were all located southeast of the project area. Historic maps suggest that the Cedar River has lapped up close to the railroad tracks in the vicinity of the project area, and meandered only slightly from its modern channel. However, because of significant floods in 1907, which flooded the kilns of the Denny -Renton Clay and Coal Co., a wide and straight channel was dug through the city of Renton in 1910 to reduce flooding problems (Slauson 1976). Field Methods and Results The cultural resource survey of the project area included a pedestrian surface survey of the proposed access road and, where possible, the perimeter of the Limit of Work (Figure 2). Shovel probes were excavated along the access road at approximately 10 m intervals. The shovel probes were usually 30-35 cm in diameter, excavated in 20 cm levels, and fill was screened through %4- in hardware cloth mesh. Most of the project area was covered by thick vegetation, although between Narco Road and the Cedar River Recreation Trail, the surface was a compacted gravel parking lot. The proposed access road slopes down a relatively gentle portion of the terrace slope, and turns to the east, with the east half following the base of a nearly vertical bluff face. The portion on the terrace slope is covered with a dense growth of grasses, weeds, Himalayan blackberries, small willows, and red alder trees. Along the base of the bluff the understory includes dense thickets of Himalayan blackberry and giant knotweed. Several large cottonwood trees grow along the river, while bigleaf maples grow along the top of the terrace bluff. Surface visibility was less than five percent of the ground surface in the project area, although exposures of sandy surface soil were present along the river's edge and under the 1-405 bridge which was above the west edge of the 4 t UR�vEWAY �' canROL Pax] j2 � N TNTp Di �E t]G2630.99 / r dROiwJlr IufNt —TER vBER LFWL At TRIE oP SxRxE'r �� ♦♦♦♦♦ � coNraa Paxr �1 .MMROW ', ~� NEW CONC 55XWNa PE9FSixVJt / BRIDGE I / i �Y xCR'11(ERPRFSM .xo a]Lxlle�s ! ! .xELx '-..� xlsnNG RCTAIN�xG rPai % ! Jr L . VT:L no�x wylxC��4R x�T rl CGNIRAC. EL. St b x CajsROL PpM r. _\.. x I]Q22SRP ` i L ` LEXL 2Y.5 .f Ib1E pf AIRVEY N 1Tdx63 C] E t3D]S]].t<t %, \,Iylx e —T 6 �Se2aaa.e]� � �a -xao• 1 B01ML5 RER OET. _ I .102]xbi62 IW E 19.11 f BAJOCE . _'r^ .S / PER4KKY3 NI. SJIPPa1] .1 RER SET cd ullll F � -6 N IS613x, 0! I]b28i 45 // ` i1105K !• yi11 i O Shovel Probe E ISaxax.,x / � �IusiNc .; Safrface Transect ]a �n— L1Ugt4Co R� �. / ! ad.liRns _E N fMT E 2 �0 >, ,'r-"- ExKrGWE PERMIT SET �L SITE LAYOUT PLAN WRR(xEp %Ox KI�ERNSRIG rv.s xo wrt ,m a [ + cioo= TETRA TECH aPN, 5"�"M. a CEDAR RNERRn SOCKEYE BROOD STOCK SITE"` Figure 2. Cedar River Brood Stock Site project plan map, modified to show archaeological surface survey transects and shovel probe locations project area. No prehistoric cultural material was observed during the surface survey, but a light scatter ol'possibly historic mortared bricks, brick fragments, and cement rubble was observed in the parking area parallel to Narco road spread over a distance approximately 130 feet long and 10 feet wide. No prehistoric or historic materials were observed on the surface on the heavily vegetated terrace slope or floodplain. Where it was visible, the surface soil consisted primarily of loose sand. The proposed turnout leading down to the river cuts across a 1 to 2 meter high berm which had numerous rounded river cobbles and gravels exposed on its north (river) side. Shovel probes I, 2, and 3 were excavated on the terrace edge and slope. They exposed soil composed entirely of gravelly sandy silt fill material with many pieces of historic debris, such as cement and brick fragments, and bits of coal. No natural soils or prehistoric cultural materials were encountered in probes 1, 2, or 3. Shovel probes 4, 5, 6, and 7 were located along the base of the terrace slope and bluff on the active floodplain. The sediments in these probes appeared to be recent and historic period sand. Recent and historic objects were observed in all Four probes ranging from the surface to depths of 40 cm (Probe 6) to 80 cm (Probe 5). They appeared to be objects buried in river sand, although some large angular rocks in Probe 6 suggest that some of the material was imported fill. The historic artifacts encountered included glass fragments, coal, bricks, and various metal objects, such as nails, wire, a pipe, and a portion of a large machine part (possibly a trailer hitch). No prehistoric cultural material was observed in probes 4, 5, 6, or 7. The sediment encountered to at least 80 cm appeared to be deposited during the historic and recent periods. Shovel .Probe 8 was placed on top of the 1-m-high berm parallel to the river edge. It exposed very gravelly coarse sand with abundant rounded gravels and large cobbles indicating that the berm is most likely an old river bar deposit. No prehistoric or historic cultural materials were found in probe 8. All of the shovel probes exposed recent or historic fill or river sediments. The probes on the terrace slope indicate that this area was filled, possibly for support of the railroad grade that the Cedar River Recreational trail now occupies. The historic objects observed in the fill material generally appear to be insignificant pieces of rubble and debris used to construct the slope. The probes on the floodplain at the base of the terrace bluff indicate that the Cedar River has deposited at least 80 cm of sandy sediment from the historic period to the present. The historic objects encountered were generally insignificant pieces of debris, such as glass and nails. Other somewhat larger objects may also be buried in the sediment, but no evidence of significant objects or site patterning was observed. Probe 8 was located on a remnant of a gravel river bar deposit and did not contain significant historic deposits. The large river cobbles present in the gravel bar deposits indicate it was deposited in a high-energy river environment and is not likely to contain undisturbed cultural material. No intact, stratified prehistoric sediments were observed in the shovel probes, and it appears that the Cedar River has eroded any deposits that may have previously existed in this location or buried them with more recent deposits that contain isolated objects and debris related to the railroad, clay, and coal mining history of Renton. Table 1. Shovel probe descriations. Probe/ Depth Soil Description Contents/ Profile cm Comments Probe 1 0-34 Very compact, wet silty sand with many subrounded to angular gravels and 14 concrete fragments, 2 glass some round cobbles up to 1 1 cm; siltier toward surface and grades down to fragments, 1 ceramic pipe coarse /medium sand. `Germinated because of brick, large metal fragment fragment, 1 brick, 1 corroded and compacted cobbles. metal fragment. All material in robe is fill. Probe 2 0-13 Dark brown coarse sandy loam; many rounded pebbles to cobbles. 3 large pieces and several smaller pieces of cement rubble, coal fragments, 4 brick fragments 13-70 Grayish brown coarse sandy silt; many rounded pebbles to large cobbles; 2 large cement rubble pieces; coal flecks throughout; blobs of light tan sand with orange oxidization coal and slag; white ceramic streaks. fro ment; lass fragment. 70-80 Light brown silty coarse sand; orange mottles; many rounded pebbles to All material in Probe 2 is fill. cobbles; blobs of oran e! ray sandy clay. Probe 3 0-26 Dark brown sandy loam; loose, moist, subrounded to subangular cobbles and Many coal fragments, 2 ravels common. concrete fragments, 26-89 Brown sand; moderately compact; many subrounded to rounded cobbles and Metal wire and metal chunk at pebbles; 2 cm thick lens of gray medium sand at 40 cm; Lenses oftan 70 cm_ All material above compact sandstone present throughout stratum. Hit dense layer of cobbles at cobbles in Probe 3 is fill. base. Probe 4 0-12 Brown sand; rounded pebbles to gravel common; few cobbles; soft, loose. Few coal fragments, plastic fragment 12-28 Brown sand; many rounded pebbles to cobbles; mixed lenses of yellowish Few coal fragments orange pebblysand 28-38 Brown sand; rounded pebbles to cobbles common; slightly firmer, more Coal fragments; large steel compact. machine or railcar part (trailer hitch?) embedded in wall 38-57 Soft yellowish -brown sand; few pebbles and gravels; large piece of Very few coal fragments decomposing woad. Brown and reddish brown sand mixed; firm; manpebbles to cobbles Coal slag. All material is fill. Probe 5 Brown silty sand; loose, moist; very few subrounded pebbles and cobbles I beer can, 2 nails, 2 glass (u to 21 cm) fragments r42-4 Fine ra sand; no rocks; loose, moist. Dark brown fine to medium sand; moist and very loose; few pebbles and 2 nails. 3 glass fragments, cobbles (up to 5 cm). metal wire, metal pipe piece, coal fragments. All material historic fill or alluvium. Probe 6 0-13 Dark brown loamy sand; rounded pebbles to gravel common Clcar glassfiragment 13-25 Brown silty sand with reddish brown streaks; pebbles to gravel common, few cobbles 25-35 Very dark brown silty sand. many coal flecks; many large angular cobbles 3 glass fragments, 1 nail, I brick fragment 35-40 Reddish brown and light brown compact silty sand in mixed, irregular 1 nail. All material above 40 lenses; many rounded and angular gravels. cm is fill. 40-52 Olive brown medium sand; few pebbles to gravels, soft Natural deposit 52-70 Olive brown sand; very many rounded gravel to large cobbles; imbricated Natural river cobble deposit Probe 7 0-10 Dark brown sandy loam; loose, moist; very few subrounded pebbles and Metal wire cobbles 10-28 Grav/tan fine sand; loose, moist; little to no rock content. 28-54 Strong brown silty sand; compact, moist; many subrounded to rounded Charcoal, metal chunk pebbles and cobbles 54-69 Gray/brown medium -fine sandy gravel; loose; very many subrounded to Coal; burnt rocks; All material rounded pebbles and cobbles. is fill or recent alluvium, Probe 8 0-14 Very dark brown sandy loam; many rounded pebbles to cobbles; roots common. 14-50 Gray very coarse sand with very many rounded gravel to large cobbles_ Few small pieces of coal; river channel de osits. 7 Conclusions and Recommendations No prehistoric cultural material was observed in the survey of the Cedar River Brood Stock Site. A number of historic objects were observed on the surface and in shovel probes throughout the project area. These objects were generally insignificant fragments of metal, glass, coal, and brick and cement rubble. The fill material that was observed on the terrace slope included bits of coal and slag, bricks, cement, and clay mixed in with local river cobbles, which suggests that it is most likely debris from the neighboring brick and clay factory that was used to stabilize and protect the railroad grade from the erosive forces of the Cedar River. To the east of this slope, the terrace has been eroded to a steep bluff face. The access road ends on the floodplain below this bluff. The floodplain is primarily recent and historic period alluvial sand and gravel. Because of the evidence of historic period fill on the terrace slope and active river deposition and erosion on the floodplain, it is unlikely that construction of the road will cause disturbance to intact deposits containing significant prehistoric or historic cultural material. It is possible that isolated historic period objects related to railroad, mining, or brick -making will be encountered when the road is graded. No further archaeological work is recommended for this project. However, construction workers should be aware of the possibility of uncovering previously unrecognized cultural material during construction activities. Potential cultural material could include concentrations of fire - modified rock, charcoal, stained sediments, bone, and lithic artifacts such as flaked and groundstone tools or debris. It is more likely that isolated pieces of historic debris will be encountered. While isolated debris used as fill material is not considered significant, artifacts that appear to be part of a patterned concentration or structure may be considered significant. If any significant cultural material is encountered, work should be suspended at that location and Ralph Naess should be informed so that an archaeologist can inspect the material. REFERENCES Buerge, David M. 1989 Renton: Where the Water Took Wing. Windsor Publications. Chatters, James C. 1988 Tualdad Altu (45 KI 59): A 4'1' Century Village on the Black River, King County, Washington. Report on file at Washington State Department of Archaeology and Historic Preservation, Olympia. 1981 Archaeology of the Sbabadid Site, 45 KI 51, King County, Washington. Office of Public Archaeology, University of Washington, Seattle. General Land Office 1865 Township No. 23 North, Range No. 5 East, Willamette Meridian. Electronic Document, http://www.blm.p-ov/or/landrecords/survey/yPlatViewl 2. h ? ath=PWA&name+t2 30nO50e . Accessed May 7, 2008. 8 Hilbert, Vi, Jay Miller, and Zalmai Zahir (editors) 2001 Puget Sound Geography, Original Manuscript from T T Waterman, Zahir Consulting Services, Federal Way, Washington. Larson, Lynn L. and Dennis E. Lewarch 1990 Cultural Resource Assessment of Cedar River Watershed Sockeye Spawning Channel/Fish Hatchery, King County, Washington. LAAS technical report 490-4, Submitted to Seattle Water Department, Seattle, Washington. Metsker, Charles 1926 1Vetsker's Atlas of King County, Washington. Metsker Map Co., Seattle. 1936 Metsker's Atlas of King County, Washington. Metsker Map Co., Seattle. Mullineaux, Donal R. 1970 Geology of the Renton, Auburn, and Black Diamond Quadrangles, King County, Washington. Geological Survey Professional Paper 672, pp. 1-92. Natural Resources Conservation Service 2006 Soil Survey of King County Area, Washington, Web Soil Survey, National Cooperative Soil Survey. Electronic document http://websoilsurvey.nres.usda.gov/ app/. Accessed May 5, 2008. Pacific Northwest Center for Geologic Mapping Studies 2006 Geologic Map of King County Washington. Derek Booth, Kathy Troost, Aaron Wisher, compilers. Electronic document http:// eg omapnw.ess.washington.edu/services/publications/map/data/K_ in_gC_ o composi te.pd£ Accessed May 13, 2008. Sanborn Map Company 1904 Insurance Maps of Renton, Washington. Sanborn Map Company, Ltd., New York. Slauson, Morda 1976 Renton: From Coal to Jets. Renton Historical Society, Renton, Washington. USGS 1895 Renton, Washington 15' topographic quadrangle. United States Geological Survey. Appendix B City of Renton Tri-Park Master Plan River S M x;a"f Narco Site'`•. 5 9y Ams 1. 113'ERT Y PAR K CFnA.R RIYFR PARK NARCO SITE {� TRI-PAk M A ST P L AN i ,muw'd .ti[ ojKcd Sgmc m1 r Zi. 2(Kwi n �r Mn ' YH •G t rwM M.L AO len Tri-Park Master Plan Update Executive Summary Background The Tri-Park Master Plan was initiated to prepare for and address the impacts to park lands and facilities by the Interstate 405 (I-405) improvements. The proposed highway project will have profound impacts on both sides of the current alignment, but the most significant impact will occur along the western flank. As a result, the existing BNSF railroad tracks will need to be realigned and Houser Way will be eliminated. The City and Washington State Department of Transportation (WSDOT) officials agreed to conduct a design charrette (workshop) which took place in July, 2005. The charrette team was comprised of each agency's staff members, and two consultants: a landscape architect/park designer and a hydro -geologist. These consultants were selected by the Renton staff. A copy of the charrette report is included in the Appendix. The charrette findings were presented to the Renton City Council and WSDOT officials and were enthusiastically approved by all parties. Master Plan Process In the fall of 2005, the City of Renton selected JGM Landscape Architects, Inc. of Bellevue, Washington to prepare the Tri-Park Master Plan. JGM had previously worked as the landscape architect and park planner at the charrette. A process to involve the community in the master planning process was created. A visioning workshop followed by a planning workshop and two (2) community open houses invited and involved the public in the planning process. The Park Board reviewed and commented on the master plan, as it developed, during three of their regular meetings. The Mayor and the Renton City Council members also reviewed the plan as it evolved. Presentation materials and a brief synopsis of each of these meetings can be found in the Appendix. The Master Plan The Tri-Park Master Plan unites Liberty Park, Cedar River Park and the Narco Site, an undeveloped tract of land, owned by the city, located on the south side of the Cedar River, immediately upstream of I-405. This unification was made possible because of the I-405 modifications which created a "barrier free" environment linking Liberty and Cedar River Parks by trails under the new I-405 and railroad bridges. The Narco Site will be linked to these parks by a new pedestrian bridge and a pedestrian/vehicle bridge. Linkages to upstream trails, parks and the Maplewood Golf Course will be created through the Narco Site, via the Cedar River Trail. 1 Facilities The Tri-Park Master Plan presents a wide range and balance of recreation facilities. The plan is to transition the active, close -quartered sports fields from Liberty Park to Cedar River Park and the Narco Site. This will improve safety, better accommodate user needs, reduce maintenance and improve sustainability. No existing facility will be removed until the suitable replacement has been constructed. Below is a brief description of each of the park's master plan components: Liberty Park: The ball fields will be relocated to another area and replaced with a passive meadow for informal activities. The tennis courts and basketball courts will be relocated within the existing park. The skate park will be relocated and doubled in size along Bronson Way to enhance use and monitoring from the street. The Cedar River Trail will be realigned to eliminate conflicts between park and trail users. A new teen center will be located in the on -site building that formerly served as park offices. An additional restroom building is proposed. The total number of parking spaces will be decreased to 100, with increased parking available in other parts of the park. The Renton Public Library is also planning a master plan update in the near future. Cellar River Park: The master plan depicts an expanded Cedar River Park. This expansion assumes the former Stoneway Concrete Site can be acquired by WSDOT as mitigation for impacts to Renton's parklands (see Mitigation). As a part of this master plan expansion, the existing ball field (with overlapping soccer field) will be relocated. New improvements include: the Aquatic Center doubled in size; an additional gymnasium within the Community Center; an expanded lobby for the Carco Theatre; redeveloped outdoor meeting space along the river near the Community Center; expanded parking; a new access road to SR 169; and three new synthetic turf ball fields with lighting, nearby restrooms and other support facilities. A new park road and bridge across the Cedar River to the Narco Site will be integrated into the improvements. Pedestrian paths will connect all of the existing and new facilities and a new pedestrian bridge will connect with the Narco Site. Narco Site: This former brick manufacturing plant site presents a unique park and open space opportunity. Currently, the Cedar River Trail transverses its flat open meadow. Steep wooded hillsides define the southern margins of the site. These hillsides are classified as sensitive areas because of steep gradients, abandoned mine sites, slide hazards and wetlands. For these reasons, the master plan only proposes recreation development for the flat, open meadow and some grading on the "spoils" mound of rejected bricks, currently located between the trail and the river. The proposed improvements include four multi -purpose, lighted, synthetic turf, athletic fields; parking; passive meadows; a picnic shelter; picnic sites; restrooms; a play area; realignment of the existing trail; and new pedestrian and vehicular access bridges. The Narco Site was purchased with assistance form King County Open Space Funds. One condition of that funding was that half of the passive, flat, open meadow space would remain passive. The city has elected to use a substantial percentage of the land for active purposes. Therefore, the city will enter into negotiations with King County to purchase the right to develop and use the land for active uses. Schedule The Interstate 405 Improvements Project schedule is only partially funded at this time. The funded portions schedules have been set and the work and associated mitigation is progressing. Unfortunately, the 1-405 improvements mostly impacting the Tri-Park project are unfunded and therefore, are only projections. The projected completion date for the 1-405 improvements directly impacting the Cedar River/Tri-Park is 2023... which is dependent on funding. Mitimation WSDOT and the City of Renton have worked together to determine ways to maximize the transportation benefits and minimize park impacts. The 2005 charrette was a part of the process to find mutually acceptable solutions. The Tri-Park Master Plan recognizes this process is still "in -motion" but also reflects assumptions that have been agreed upon "in concept" by both parties. It should be noted that the proposed acquisition of the Stoneway Site is such an assumption. WSDOT will be responsible for negotiating with Stoneway's owner (s) to acquire the property. Other mitigation considerations include the new pedestrian and vehicular bridges over the Cedar River and development costs for relocation and/or replacement of recreation facilities. Utilities The Tri-Park site is located above an aquifer that supplies the City of Renton's water. The master plan maintains access to and has been prepared in such a manner that it protects this valuable resource. Costs An Opinion of Probable Construction Costs has been prepared. Because the mitigation discussions are on -going, costs attributed to each agency have not been determined. A copy of the overall cost opinion is included in the Appendix. 314" REBAR STAKES, 3- LONG, DRIVEN INTO STREAM BED — WELDED EYELETS FOR CARLE ROUTING 112" X I" EYE BOLT WELDED TO ANGLE 114" X 3" X 3" ANGLE - SUBSTRATE RAIL 1/4" X 4" X 4' FLAT BAR O C. WELDED TO ANGLE 2' - D. 2. - 0,. 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APPROVED FUND, SCALE: ASPECTOR'S BOOT( COLORED DISPLAY MAP SITE PLAN d PC Cl 00032 CEDAR RIVER R/W ACCESS FACILITY VAULT LT PLAN NO. 776-237 SHEET I Of I Good Morning Mr. Hearing Examiner For the Record my name is Vanessa Dolbee, Associate Planner with Department of Community and Economic Development. I'm here today to present the staff recommendation for the SPU Broodstock Facility/ Cedar Rive Access Facility. Before I begin I'd like to first enter the following exhibits into the record: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project_ Exhibit 2: Neighborhood Detail Map Exhibit 3: Zoning Map sheet F4 west'/2 (dated 7/15/08) Exhibit 4: Comprehensive Plan Land Use Map Exhibit 5: Aerial Photograph Exhibit 6: Colored Display Map (site plan) Exhibit 7: FEIS photographic simulation of weir in river at the 1-405 site Exhibit 8: Photographs of weir location Exhibit 9: Buffer Mitigation Layout (Sheet L2) Exhibit 10: Site Revegetation (Sheet L3) Exhibit 11: Critical Areas: Steep Slopes and Access Road Exhibit 12: Cedar River Park, photographic simulation after broodstock facility Exhibit 13: Luminaire Schematic Exhibit 14: Preliminary Report to he Hearing Examiner, with changes Exhibit 15: Letter from Charles Madden, SPU, Dated Aug. 8, 2008 Hand examiner new report and letter The applicant is requiting a Site Plan Review and Conditional Use Permit for a broodstock collection facility and a Variance from RMC 4-4-130D.2.a for the removal of five trees within a Shoreline of the State, to construct an access roadway to the edge of the Cedar River. I'd like to refer to Exhibit 2 first. The site is located at approximately River Mile 1.7, immediately up stream of the 1-405 bridge crossing. The project would be developed in an area on the south bank of the Cedar River across from Cedar River Park and the Renton Community Center. The Broodstock Facility would be located in the Cedar River and on two additional parcels. Parcel No. 172305917 is owned by the Washington State Department of Transportation (WSDOT) and Parcel No. 1723059014 is owned by the City of Renton. Now I would like to refer to Exhibit 3 The site is split zoned, The City of Renton's parcel is zoned Commercial/Office/Residential (COR) and WSDOT's parcel is zoned Resource Conservation (RC). Now I would like to refer to Exhibit 4, which depicts The Comprehensive Plan designations for the subject site, which are Commercial/Office/Residential and Residential Low Density. The proposed project would not be consistent with the COR Comprehensive Plan Land Use designation. Due to the use of grant monies to purchase the subject property, its potential for development has been restricted to recreational uses. The subject site is also incorporated into the Tri-Parks Master Plan, adopted by the City Council September 25, 2006. The COR designation does not address park properties within its purpose statement resulting in non- compliance with the Comprehensive Plan. In addition, the size and shape of the property does not provide a site conducive to large-scale office, commercial, retail, and/or multi -family development. Therefore, staff has found that any development proposed on the site would not comply with the Comprehensive Plan designation. The site being used as a broodstock facility and Cedar River access point would be the most accommodating use of the site with regard to policy. Now 1 would like to refer to Exhibit 5 To the north of the project site is the Renton Community Center and Renton's Cedar River Park, To the south of the subject site is the Cedar River Trail and the Narco site. Now I would like to refer to Exhibit # 6 The proposed project would be a seasonal access point and an area to operate a temporary weir/trap in the Cedar River to collect adult sockeye salmon for the existing hatchery facilities at Landsburg In addition to the access point and the weirltrap, the applicant is proposing a ramp area, utilities (water and electricity), pathway improvements, interpretive signs, a kiosk, lighting, two temporary trailers, and a viewing area above the weir location. The "viewing area" would be located on the north bank of the Cedar River (parcel #1723059013) in the Cedar River Park. The access roadway is proposed to be used for operating a temporary weir in the Cedar River from mid - September through mid -December. SPU's goal is to trap enough Sockeye to reach the target amount of salmon eggs for the hatchery at Landsburg and maintain public access wile weir operation is in progress. SPU's goal is to collect enough fish through operations Monday through Friday, that there would be no fish hauling on Saturdays and Sundays. Although, this would depend on the trapping success of the new weir. The weir is a flexible picket structure that would span the width of the Cedar River. The pickets and spacers are made of plastic and are built in 3-foot by 20-foot panel sections. One trap would be used to intercept sockeye. This traps would be made of aluminum pickets and be approximately B feet by 12 feet in size. To accommodate personnel, two portable trailers are purposed to be situated in the gravel area between Narco Road and the Cedar River. A safety cable would span the river to provide employee security when working during high flow conditions. During some flow situations, a boat would be used to remove material from the weir. All the previously mentioned components of the broodstock collection facility would be removed at the end of the broodstock collection in mid -Dec. I would like to now refer to exhibit 7... this is a photographic simulation depicting what a weir in the Cedar River at the 1-405 location may look like. Please note this image does not depict the exact location with in the Cedar River where the project is proposed. Exhibit 8 depicts the actual location in the Cedar River and river bank where the Weir would be located. A SEPA Determination of Significance was issued by the Seattle Public Utilities. A Final Environmental Impact Statement (FEIS) was issued on March 20, 2003 and a Supplemental Environmental Impact Statement (SEIS) was issued July 2005. Because of the nature and location of the proposed project, staff reviewed the impacts of the project on critical areas. Staff's identified six critical areas; A Class 1 stream, Fish and Wildlife Habitat, Steep Slopes, Seismic Hazard Area, Flood Hazard Area, and the project is with in the Aquifer Protection Zone 1. The act of "broodstock collection" would remove fish from the Cedar River and place them in the hatchery at Landsburg resulting in a reduction of fish within the Cedar River. The City of Renton has created a salmon spawning channel upstream of the proposed broodstock facility as mitigation for their Hydraulic Permit Approval #G1503-1. In order for the City of Renton to meet their mitigation requirements of the subject HPA a specific number of salmon (based on run size) are required to spawn with in the spawning channel each year. Because fish behavior is variable and the proposed project may have effect on salmon behavior, specifically spawning, and number of fish to reach the spawning channel; staff recommends as a condition of approval that prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife and the City of Renton shall be achieved as to resolve the concerns of SPU's broodstock facility on the City's ability to meet the requirements of the HPA. I would now like to refer to Exhibit 9 The project would permanently impact 717 square feet indicated in orange and temporarily impact 231 sq. ft. indicated in green of priority habitat area of riparian vegetation within 25 feet of the ordinary high water mark of a Shoreline of the State. the applicants proposed a mitigation plan to compensate for the permanent and temporary impact to the Cedar River's shoreline area. The mitigation plan includes the enhancement of approximately 1,400 square feet of adjacent area indicated in pink. To minimize encroachment of invasive species from the surrounding areas; the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored with native trees, shrubs and groundcover. Indicated in yellow. I would now like to refer to Exhibit 10, which indicates the relegation of the entire project limit of work. To ensure the success of this enhancement plan. In addition, the applicant has proposed a five-year monitoring and maintenance plan. The FEMA Flood Insurance Rate Maps indicate that the subject site is within a 100-year Flood Hazard Area. The applicant provided a Hydraulic Analysis of the potential effects of the weir on the Cedar River at the subject location. Conclusions of this report indicate that the weir is unlikely to have much if any effects on water surface elevations. With regard to concerns about the weirs effects on erosion and/or scour of the river bed and/or banks, Tetra Tech provide a Geomorphic Analysis using empirical evidence from Alaska and California, where similar projects exist. The conclusion of this analysis indicates that no major scour has ever been observed during the operation of the weirs in California or Alaska. The applicant is proposing to closely monitor the geomorphic conditions in the river during operations of the weir. I will now refer to Exhibit 11 The Geologic Hazards include sensitive and protected slopes and seismic hazards. The proposed access road would start at Narco Road and cross the Cedar River Trail at the front edge of a terrace above the river, and then curve down the terrace slope to a lower terrace that is within the active flood plain of the river. This access road to the Cedar River would require some grading work; the estimated cut material is 330 cubic yards. Pursuant to the proposed grading plan, the access road would not be within the area of protected slopes which are slopes with a grade of 40 percent or greater, which are identified in exhibit 11 in black. Although, it is anticipated that access road construction activities may cause slope instability and/or erosion. Staff recommends as a condition of approval that the applicant provide a slope enhancement and restoration plan including maintenance and monitoring, In the event that construction activities do result in slope instability and/or erosion. The subject site is located in area of known archeological significance. The applicants provided a "Cultural Resources Assessment for the Cedar River Sockeye Broodstock Site" prepared for Seattle Public Utilities, by Jana L. Boersema, of Cascadia Archaeology, Seattle, WA The report concluded it would be unlikely that construction of the access road would cause disturbance to intact deposits containing significant prehistoric or historic cultural material. However, uncovering previously unrecognized cultural material during construction activities is still a possibility; as such, staff recommends as a condition of approval if any Native American grave(s) or archaeologicalicultural resources are found all construction activity shall stop and the developer shall notify appropriate local and state agencies. The subject project was reviewed for consistency with Site Plan Criteria including the following: Conformance with the Comprehensive Plan Criteria has previously been addressed. The majority of the project would be within the COR zone except a small portion of the access drive and the temporary staging are for the Broodstock collection staff as such, staff has reviewed for constituency with the COR zoning regulations. The COR zone did not specifically address the use "broodstock facilities; as such a Policy Decisions was issued on April 28, 2008 by the Development Serviced director, determining the broodstock facilities would be allowed within the COR zone subject to a Nearing Examiner Conditional Use Permit. The development standards for Density, Building Lot coverage, height, and setbacks are not applicable to the subject project. The project does not propose any formal landscaping although; the applicants have proposed shoreline vegetation enhancement and restoration as part of a mitigation plan. The subject proposal allows for improved pedestrian access to the Cedar River where historically citizens have been using the site to access the river without a designated pathway. The subject project is proposed to serve as an pedestrian access point for the Cedar River in addition to an access point for SPU's broodstock collection facility. The access drive would also be utilized as a pedestrian access point for the launch of small non -motorized watercraft such as rowboats, kayaks, canoes, and inner tubes for recreational water activities in the Cedar River. The parking regulations do not address parking requirements for "Natural Resource Extraction/Recovery" and/or outdoor recreational activities. The applicant has proposed to utilize the existing parking for Narco Park for staff parking and for the temporary trailers. It is anticipated that in addition to the temporary trailers, 2 to 4 parking spaces would be used by the broodstock facility employees while collection is in process. Staff recommends approval of the proposed parking plan. To ensure that SPU has permission to utilize the proposed access facility, which is located on Renton property, staff recommends as a condition of approval that the applicant successfully obtain an access easement from the City of Renton. The potential impacts of the subject proposal to surrounding properties and uses include visual impacts to the Renton Community Center and the activities that take place in the Cedar River Park. Now I will refer to exhibit 12 which is a photo simulation of what the access facility may look like from Cedar River Park and the Renton Community Center. The applicant has proposed the smallest possible access drive to achieve their goal of broodstock collection, which results in the least amount of vegetation removal as possible The applicant is preserving as many trees as possible along the south bank in addition they are providing additional plantings to mitigate for permanent impacts. In addition, they are providing public outreach in the form of two interruptive signs and a kiosk with four interruptive panels. To ensure that the proposed educational outreach signs and kiosk remain in good repair, staff recommends as a condition of approval that SPU be responsible for the maintenance and/or replacement of all proposed public outreach information signs. The applicants have provided Mitigation if impacts of the proposed site plan to the site as discussed previously. The proposed project is anticipated to enhance area -wide property values and prevent neighborhood deterioration and blight. To ensure safety and efficiency of vehicle and pedestrian circulation the applicant has proposed the flowing A boat passage cap in the weir structure would allow for safe boat passage and other forms of non - motorized water craft movement over the top of the weir. The weir has many safety aspects inherent in its design for passing objects and not trapping surface objects and safety would be augmented with operational elements, buoys, safety lights, and warning signs. Signs for river users would be posted upriver at Riverview Park and along the riverbank between Riverview Park and the weir. In addition, there would be signage installed on the shore and around the weir warning the public of the dangers associated with walking on the weir. The City has safety concerns with the proposed cable that is proposed to span the river seven feet above the ordinary high water mark (OHWM). During higher flows the seven foot clearance would be reduced causing safety issues to recreational boaters and kayakers who frequently use the river, specially during higher flows. Do to the number of safety concerns to pedestrians and recreational boaters, staff recommends as a condition of approval that a safety management plan be provided to the City of Renton for review and approval. During construction of the access roadway, the Cedar River Trail would be temporally closed. In order to ensure construction of the access roadway does not interfere with public sponsored events; staff recommend as a condition of approval that site construction be timed to not interfere with City sponsored public events planed along the subject portion of the Cedar River Trail. Do the nature of the proposed project, staff expects the project site would provide for adequate light and air. In addition, the applicants submitted a lighting plan for the subject site that indicates three light poles would be provided on site. I would like to refer to Exhibit 13. This exhibit indicates all proposed light fixtures would cast light within the property boundaries of the subject site; except for one of the proposed lights on pole number 3. Highlighted in blue. This light would shine out into the Cedar River to illuminate the weir, as to aid the workers in clearing and/or cleaning the weir of debris at any time of day. This light would only be used when necessary in order to prevent adverse affects on aquatic life within the Cedar River. As proposed, staff does not expect the project would create noise, odors and/or unhealthy conditions. City departments have indicated availability of public services to facilities and accommodate the proposed use. Staff's review of the Site Plan criteria indicates consistency with the requirements_ The Hearing Examiner is asked to consider 11 criteria along with all other relevant information, in making a decision on a Conditional Use application. Among the 11 criteria, the flowing have already been evaluated under Site Plan review, Consistency with Comprehensive plan, zoning code, and other ordinances, Effects on adjacent properties, compatibility, parking, traffic, noise and glare, landscaping, and accessory uses. Criteria 10, Conversion in not proposed. Community Need is the only criteria under the conditional Use application that has yet to be evaluated. There are no other existing or proposed broodstock facilities within the City of Renton; as such, an over concentration of broodstock facilities is not anticipated; in addition staff concluded that the proposed project would benefit the community at large. Although, the subject project includes some inherent unpredictably as to how it functions and its compatibility to the site and surrounding areas; as such, staff recommends as a condition of approval that the Conditional Use Permit be limited to a time frame of five years. The Hearing Examiner is asked to consider, 10 criteria in making a decision on the requested Variance. Staff has reviewed the public policies and has determined that the public's health, safety, and welfare are best served by providing the access facility at the subject location and removing 5 trees to provided the access to the Cedar River. Staff has reviewed the variance request and concurs that the removal of five trees to provide a broodstock facility and public access facility would serve an established and identified public need. No practical alternative exists to meet the needs of the access drive, other access locations and configurations were considered although each would result in the loss of additional and/or larger trees. In order to provided appropriate measures to minimized and compensate for unavoidable impacts the applicants have proposed the previously discussed mitigation plan with 5-year maintenance and monitoring. The proposed activity would not result in a loss of regulated wetland or stream area, value, or function. In addition, the removal of 5 trees would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State. The project would not cause significant degradation of groundwater or surface water quality. Staff has reviewed the proposal and has determined that the removal of five trees is the minimum variance that would accomplish the desired purpose and that the proposed variance is based on the consideration of best available science. It is important to note that there are additional interest groups as a part of this proposal due to public financial funding for parcels included in the project. Parcel No. 1723059014 was purchased by the City of Renton with grant monies from the Recreation and Conservation Office. The RCO funds were granted with a requirement that the property would be used for recreational purposes. In order to verify that the Broodstock Facility would not be considered a "conversion of property' by the RCO; Seattle Public Utilities (SPU) together with the City of Renton submitted the project proposal including a project management plan and plan sent to the RCO on July 3, 2008. 1 would like to refer to Exhibit 16, the letter received from RCO dated August 7, 2008. This letter indicates that the planned construction and management of the subject site currently does not constitute a conversion per the City of Renton's Washinton Wildlife and Recreation Program — Local parks and Trails (WWRP) grant agreements_ Although, this determination is contingent on the City of Renton's on -going maintenance and operation of the site as a recreational resource to the park users and the City meeting our obligations under WWRP. In conclusion, staff recommends_ approval of the SPU Broodstock Facility/ Cedar River Access Facility Site Plan and Conditional Use Permit, and recommends approval of the Variance for the removal of 5 trees within a Shoreline of the State, with the 11-conditions: Staff proposed minor modifications to Conditions 1, 4, 7, & 9 from the preliminary report which are included with in exhihil 14, Would you like me to read the conditions of approval? 1. The applicants shall successfully complete a memorandum of agreement (MOA) between SPU and the City of Renton for the management and use of City property. The MOA shall be reviewed for approval by the City of Renton Attorney and signed by the Mayor or authorized representative prior to the 2009 operation of the Broodstock facility. 2. Site Construction (anticipated to be approximately two months) shall not interfere or hinder City sponsored public events planed along the subject portion of the Cedar River Trail, including but not limited to Renton River Days and the Candy Cane Fun Run. 3. If the construction of the access road causes slope instability or erosion. The applicant shall provide a slope enhancement and restoration plan approved by the City of Renton Department of Community & Economic Development, Planning Division project manager. A maintenance and monitoring plan for the approved enhancement and restoration plan would also be required. 4. The applicants shall be required to adhere to the provided Cedar River Access Facility Management Plan, dated July 30, 2008. 5. This Conditional Use Approval is valid for a period of five years. Prior to expiration the applicant shall provide the city with a written request for the subject Conditional Use Permit to be reviewed by the decision maker to determined if changes are warranted and/or if the agreement can be extended an additional five years. 6. Prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife (WDFW) and the City of Renton shall be achieved as to resolve the concerns of SPU's proposed broodstock facility on the City's ability to meet the requirements of the Hydraulic Permit Approval #G1503-1 (Cedar River Section 205 Flood Hazard Reduction project). 7. The applicant shall be required to provide a safety management plan to be reviewed for approval by the City of Renton's Human Resources/Risk Management department prior to the 2009 operation of the broodstock facility. 8. Applicant shall be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. 9. Applicant shall successfully obtain access easements from the City of Renton prior to operation of the broodstock facility. 10. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found all construction activity shall stop and the ownerldeveloper shall immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeological and Historic Preservation. 11 _ The applicant shall be required to comply with the recommendations and five- year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages 1-1-1-5 of the provide permit set. City of Renton PUBLIC Department of Community & Economic Development HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST: Public Hearing Date_ August 12, 2008 Project Name: SPU Broodstock Facility/Cedar River Access Facility Owner for parcel City of Renton #1723059014: 1055 S Grady Way Renton, WA 98055 Owner for parcel Washington State Department of Transportation #1723059179: 15700 Dayton Ave. N A 9813 (A." Applicant. Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 Contact., Charles Madden Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 File Number: LUA08-018, SA-H, CU-H, V- Project Manager., Vanessa Dolbee, Associate H, SM Planner Project Description: An application has been submitted by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Conditional Use, and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The applicant has also applied for a Hearing Examiner Variance from RMC 4-4-130D.2.a for the removal of five trees within a Shoreline of the State. The site would be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable weir spanning the width of the river, salmon collection traps and an access driveway from Narco Road to the edge of the Cedar River. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. The collection site would require construction of an access road and loading area within a designated Shoreline of the State. Construction of the road would require approximately 380 GoW&yafds o€-#- and removal 5 trees within a critical area, for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. Project Location: South bank of the Cedar River at river mile 1.7, immediately upstream of the 1-405 bridge. City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LLIA08-018, SA-H, W-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 2 of 23 SITE LOCATION MAP Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodslock Facility LUA08-016, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2003 Page 3 of 23 B. EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Zoning Map sheet F4 west Y2 (dated 7/15/08) Exhibit 3: Comprehensive Plan Land Use Map Exhibit 4: Project Vicinity Map, Index, Legend, Project Misc. Information, Survey Datum Block (Sheet G1) Exhibit 5: Existing Conditions/Topography (Sheet G2) Exhibit 6: Demolition Plan (Sheet G3) Exhibit 7: Erosion Control Plan (Sheet G4) Exhibit 8: Erosion Control Details (Sheet G5) Exhibit 9: Tree Inventory Plan (Sheet G6) Exhibit 10: Site Layout Plan "during construction" (Sheet Cl) Exhibit 11: Site Grading Plan (Sheet C2) Exhibit 12: Civil Details (Sheet C3) Exhibit 13: Access Road Plan and Profile (Sheet C4) Exhibit 14: Utility Plan (Sheet C5) Exhibit 15! Kiosk and Interpretive Sign Details (Sheet C6) Exhibit 16: Limit of Work (Sheet L 1 ) Exhibit 17: Buffer Mitigation Layout (Sheet L2) Exhibit 18: Site Revegetation (Sheet L3) Exhibit 19: Revegetation Notes and Details (Sheet L4) Exhibit 20: Electrical Plan (Sheet El ) Exhibit 21: Electrical Details (Sheet E2) Exhibit 22: Electrical Details & Fixture Schedule (Sheet E3) Exhibit 23: Figure 1: Site Layout Plan Exhibit 24: Colored Display Map (site plan) Exhibit 25: Luminaire Schematic Exhibit 26: Archaeological surface survey transects and shovel probe locations Exhibit 27: Tri-Park Master Plan, Site Plan Exhibit 28: Cedar River Park, view before broodstock facility Exhibit 29: Cedar River Park, photographic simulation after broodstock facility Exhibit 30: Critical Areas: Steep Slopes and Access Road Exhibit 31: FEIS Alternative's Location Map (Figure S-1) Exhibit 32: FEIS Alternative Broodstock Collection Sites, Vicinity Map (Figure 1-2) Exhibit 33: FEIS Broodstock Collection Facilities 1-405 Bridge Site (alternative) Exhibit 34: FEIS Broodstock Collection, Holding and Spawning Facilities, 1-405 Bridge Site (alternative) Exhibit 36: FEIS photographic simulation of weir in river at the 1-405 site Exhibit 37: Landsburg Mitigation Agreement for the Fish Migration Barrier at the Landsburg Diversion Dam C. GENERAL INFORMATION: 1. Owners of Record: 2. Zoning Designation: 3. Comprehensive Plan Land Use Designation: 4. Existing Site Use. City of Renton State of Washington, Dal 1055 S Grady Way 15700 Dayton Ave. N Renton, WA 98057 Shoreline, WA 98133 Resource Conservation (RC) and Commercial/Office/Residential (COR) Residential Low Density and Commercial/Office/Residential Cedar River Trail and Vacant Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 4 of 23 5. Neighborhood Characteristics: North. Renton Community Center, Commercial/OfficelResidential (COR) zoning, Interstate 405, Cedar River (Class 1 stream) East: Cedar River, Renton Community Center (COR) South: Cedar River Trail, Resource Conservation (RC) zoning West: Interstate 405, and Cedar River Trail pedestrian bridge. 6. Access: Would be via Narco Road on the south side of the Cedar River. 7. Site Area: 11,450 square feet 8. Project Data: Area Comments Existing Building Area: NIA Vacant New Building Area: N/A No new buildings are proposed, a portable trailer and smaller storage trailer would be placed temporarily. Total Building Area: N/A An access roadway less then 4,000 square feet is proposed to be constructed from concrete, and pervious concert pavement. D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation N/A 738 03/1711925 Comprehensive Plan NIA 5099 11/01/2004 Zoning N/A 4404 06/07/93 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards Section 4-2-120. Commercial Development Standards 2. Chapter 3 Environmental Regulations Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations Section 4-4-080: Parking, Loading and Driveway Regulations 4. Chapter 6 Streets and Utility Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Parks, Recreation, Open Space, & Trails Element 3. Environmental Element Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12. 2008 Page 5 of 23 G. DEPARTMENT ANAL YSIS: PROJECT DESCRIPTION/BACKGROUND The proposed Cedar River Broodstock Collection Facility would be located at approximately River Mile 1.7, immediately up stream of 1-405. The project would be developed in an area on the south bank of the Cedar River across from Cedar River Park and the Renton Community Center (Exhibit 24). The size of the area to be utilized by this project consists of approximately 0.25 acres. The Broodstock Facility would be located in the Cedar River and on two additional parcels. Parcel No. 172305917 is owned by the Washington State Department of Transportation (WSDOT) and Parcel No. 1723059014 is owned by to the City of Renton. The City of Renton's parcel is zoned Commercial/Office/Residential (COR) and WSDOT's parcel is zoned Resource Conservation (RC). This report includes analysis of the Site Plan Review, Conditional Use, and Variance Criteria. It is important to note that there are additional interest groups as a part of this proposal due public financial funding for parcels included in the project. Background The Cedar River is SPU's major water supply source, supplying nearly two-thirds of the water delivered to the Seattle service area. In May 2000, Seattle along with State and Federal agencies adopted the Cedar River Habitat Conservation Plan (Cedar HCP), which sets forth a 50-year comprehensive program for managing the Cedar River watershed to protect and enhance habitat for threatened and endangered species. Subsequently, Seattle obtained Incidental Take Permits, from the U.S. Fish and Wildlife Service and National Marine Fisheries Service, for its water supply and related activities in the Cedar River watershed. The Cedar HCP called for several specific actions to address impacts to fish resulting from Seattle's water supply intake and diversion dam created at Landsburg. One of which included a Cedar River Sockeye Hatchery Project capable of producing up to 34 million sockeye fry. In order for the Hatchery to meet its goal of 34 million fry, SPU has proposed the subject broodstock facility. In addition, the applicant has stated, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, SPU has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam (Exhibit 37). One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period to the end of the sockeye run (approximately mid -December). A Final Environment Impact Statement (FEIS) was prepared for the Cedar River Sockeye Hatchery Project and associated facilities in 2003. The FEIS analyzes the potential project - specific environmental effects of construction and operating a sockeye hatchery on the Cedar River. The portion of the FEIS that pertains to the broodstock facility includes four site alternatives for the collection of adult fish for spawning, including two sub -alternatives at each site and three alternatives for the weir designs. The four alternative sites that were evaluated as part of the FEIS are as follows. the existing broodstock collection site at river mile 6.5; the Elliott Bridge site located at river mile 5.3; SPU right-of-way site at river mile 3.4; and the 1-405 site located at river mile 1.7 (Exhibit 31 & 32). The location at I-405 was carefully chosen after technical studies and the FEIS determining this site as the best location (Exhibit 33 & 34). This location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that is representative of the entire sockeye salmon population (Exhibit 36). The weir design chosen has been used in other areas and has been successful at withstanding higher fall flows (E*14434o). The proposed system is capable of withstanding these flow levels because of its flexibility and ability to submerge during periods of very high flows. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Nearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, 5M PUBLIC HEARING DATE August 12, 2008 Page 6 of 23 The adequacy of the FEIS was appealed to the Seattle Hearing Examiner. In response to the Hearing Examiner's decision, SPU issued a Supplemental EIS (SETS) in July 2005. The adequacy of the SEIS was also appealed to the Seattle Hearing Examiner. On December 13, 2005, the Seattle Hearing Examiner issued a decision that the SEIS was adequate. The decision was appealed to the King County Superior Court, who also held that the SEIS was adequate in 2006. The King County decision was then appealed to the Washington State Court of Appeals and it was again deemed adequate in 2007. The Washington State Court of Appeals decision was appealed to the Washington State Supreme Court, who denied the appellant's petition to hear the case. Once the appellant's petition was not heard by the Supreme Court, SEPA was deemed complete_ There have been no challenges to the broodstock collection facility alternatives. Parcel No. 1723059014 was purchased by the City of Renton with the following funding sources: Washington Wildlife and Recreation Program grant funds administered by the Resource and Conservation Office (RCO); 1989 King County Open Space Bond Issue Funds; King County Conservation Futures 1993 Regional Projects grant funding; and King County Conservation Futures 1993 Suburban Project grant funding. The Cedar River Trail was developed with Federal ISTEA and State WWRP grant monies. The RCO funds were granted with a requirement that the property would be used for recreational purposes. In order to verify that the Broodstock Facility would not be considered a "conversion of property:' by the RCO; Seattle Public Utilities (SPU) together with the City of Renton submitted the project proposal including a project management plan and plan set to the RCO on July 3, 2008. The RCO is anticipated to make a determination in regards to "property conversion" buy August 7, 2008. The decision made by the RCO would be based upon the management plan SPU submitted on July 3, 2008. As to elevate any conflicts of interest that may be anticipate between RCO, City of Renton and SPU as to the perceived management and function of the site, staff recommends as a condition of approval that SPU adhere to the provided Cedar River Access Facility Management Plan, dated jUae M 30, 2008. Staff anticipates the submission of supplemental information as to the result of RCO's decision at the Hearing. Site & Surroundina Area Descriotion The project site is located on the south bank of the Cedar River (A Class 1 Shoreline of the State) directly across from the Renton Community Center. The subject site is currently vacant and consists of sloped areas and a benched area just above the river (Exhibit 5). The existing vegetation consists of (native plants) Red -Osier Dogwood, Bigleaf Maple, Sitka willow, Sweet gale, Horsetail, Black cottonwood and Red alder; and invasive plants Japanese knotweed, ivy, and Himalayan blackberry. There is currently no access to the rivers edge, although during the summer months recreational ists bushwhack their way to the rivers edge at this point along the Cedar River Trail. To the north of the project site is the Renton Community Center and Renton's Cedar River Park, which is used for recreational activities, community sponsored events, weddings, dog trials etc. The site consists of a large community center building, paved pedestrian paths, landscaped lawn areas and access to the Cedar River via a man made cove. The cove was created with a retaining wall system that extends the length of the site immediately adjacent to the Cedar River. To the south of the subject site is the Cedar River Trail and the Narco site_ This area consists of: a small informal gravel parking area; access to the Cedar River Trail; and a large grass field. The area is primarily used for walking, biking, roller blading, etc. To the west is Interstate 405 and a pedestrian bridge, both cross the Cedar River. To the east, there is undeveloped shoreline of the Cedar River and the continuation of the Cedar River Trail. The subject area and surrounding areas (Liberty Park, Cedar River Park, and Narco Site) are a part of the Tri-Park Master Plan, adopted by Renton City Council in 2006 (Exhibit 27). The site is located on two parcels one of which is designated Commercial/Office/Residential on the Comprehensive Plan Land Use Map and is zoned Commercial/Office/Residential (COR). The second parcel is designated Residential Low Density on the Comprehensive Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 7 of 23 Land Use Map and is zoned Resource Conservation (RC) (Exhibit 2 & 3). The majority of the subject project is located within the COR zone therefore, the following Site Plan Review, Conditional Use Permit and Variance would be evaluated under the COR zoning designation. The broodstock facility is intended to be operated and maintained by SPU. Broodstock collection would be in operation from mid -September to mid -December and would be designed as a temporary facility. During the remaining part of the year (mid -December though mid -September) all associated equipment would be removed from the site including the weir, staff trailer, and storage trailer. The access drive to the river would remain for public river access; this drive would be a designated access point for non -motorized watercraft, such as kayaks, canoes, inner tubes and air mattresses. Seattle Public Utilities' Broodstock Facility would be located within a City of Renton public park; as such, Staff recommends as a condition of approval that a Memorandum of Agreement (MOA) between the City of Renton and SPU is created, to ensure proper management and use of City property by SPU. Project Description The proposed project would a seasonal access point and an area to operate a temporary weir/trap in the Cedar River to collect adult sockeye salmon for the existing hatchery facilities at Landsburg (Exhibit 23). In addition to the access point and the weir/trap, the applicant is proposing a ramp area, utilities (water and electricity), pathway improvements, interpretive signs, a kiosk, lighting, two temporary trailers, and a viewing area above the weir location. The "viewing area" would be located on the north bank of the Cedar River (parcel #1723059013) in the Cedar River Park. The access area is to be used for operating a temporary weir in the Cedar River from mid -September through December to reach the target amount of salmon eggs for the hatchery and maintain public access wife weir operation is in progress. The weir is a flexible picket structure that would span the width of the Cedar River. The pickets and spacers are made of plastic and are built in 2-foot = by 20-foot panel sections. The bottom of these panels are secured to the river bed by hooking to a cable that runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets; that are connected to a metal base. The metal base is secured to the bottom of the river with pins and small cables to duckbill anchors upstream. The metal plate would be left in place from year to year but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December. One eF two would be used to intercept sockeye. use traps would be made of aluminum pickets and be approximately 5 feet by 12 feet in size. They I would be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up closer to shore as flows increase. The traps W would have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and Coho would pass the collection site. The hatchery would need to trap up to 20,000 sockeye, depending on run size, broodstock collection would be less then 50% of the sockeye run. Specific protocols for passing Chinook would be in place for avoiding delay or causing redistribution of spawning sites. A safety cable would span the river and be installed to provide employee security when working during high flow conditions. The cable wouid be high enough off the water to avoid being a hazard to boaters. This would also be removed at the end of the sockeye collection operations in December. The ramp area would allow for removal of salmon from the traps and into a hauling truck. The hauling truck would transport sockeye from the subject location to the existing hatchery at Landsburg. At times, a boom truck may be used to facilitate trap handling. The ramp would also be used for launching small watercraft and would provide safe access to the Cedar River for the public (Exhibit 13). Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the bearing Examiner SPU Broodstock Facility LUA08-098, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 8 of 23 During broodstock collection and weir operation, (mid -September to mid -December) personnel would be on site 7 days a week, 24 hours a day. To accommodate personnel, two portable trailers are purposed to be situated in the gravel area between Norco Road and the Cedar River. A larger 28-foot long trailer is proposed for living facilities and a smaller 12- foot storage trailer would be placed adjacent to the living quarters trailer for storage of equipment, clothing, refuse and recycling receptacles. Electricity for lighting and pumps would be provided along with a small 314 inch water line to provided potable water to the upper portion of the project site (Exhibit 14 & 20-22). The temporary trailer would also hook up to the water and electricity. A lighting system is proposed to meet the functional and safety requirements of the round-the-clock demands of fish collection. This system would be on a separate circuit, to be activated only during fish collection operations. SPU would also provided information signage on the Community Center side of the river (north bank) to help inform interested persons about salmon in the Cedar River and about the sockeye hatchery program. Also proposed is a kiosk that would be placed on the project side of the Cedar River adjacent to the Cedar River Trail to provide additional information and public outreach (Exhibit 15). During broodstock collection operations would occur from approximately 7:30 a.m. to 5:00 p.m. where a maximum of four people would sort fish from the trap into holding pens in the river. One to three times per day, fish would be moved to the transportation truck that would be located on the proposed ramp. Moving fish to the truck would be done by hand in soft fish tubes or mechanically. To mechanically transfer fish a boom truck would be required, this truck could lift the fish in a container and swing them over the transport tuck and pour the fish into the truck through a pipe. Once the truck is loaded, it and two to three people would leave the site to take the fish to the Cedar River Sockeye Hatchery at Landsburg. At least one person would remain at the weir site. The number of trips the fish transport truck would make each day would depend on the number of fish available, the number of fish already collected, staffing limitations, and other activities. The maximum number of round trips in a day is not expected to exceed feu; three trips. SPU's goal is to collect enough fish through operations Monday through Friday, that there would be no fish hauling on Saturdays and Sundays. This would depend on the trapping success of the new weir. During some flow situations, a boat would be used to remove material from the weir. The boat would not be motorized and would be kept off site until water conditions require its use. When located on site and not in use, the boat would be secured in or on a temporary trailer. 2. ENVIRONMENTAL REVIEW A SEPA Determination of Significance was issued by the Seattle Public Utilities. A Final Environmental Impact Statement (FEIS) was issued on March 20, 2003 and a Supplemental Environmental Impact Statement (SEIS) was issued July 2005. Broodstock collection sites and weir designs were included within the FEIS_ The adequacy of the FEIS and SETS were appealed on five different occasions (as mentioned on page 5 of this report). As of June 2, 2008 the Washington State Supreme Court upheld the SEPA and FEIS documents, as such, the SEPAXIS documents were deemed complete on March 20, 2001 Because of the nature and location of the proposed project, staff reviewed the impacts of the proposed project on critical areas. Critical Areas Staff's review of the project site identified six critical areas; A Class 1 stream, Fish and Wildlife Habitat, Steep Slopes, Seismic Hazard Area, Flood Hazard Area, and Aquifer Protection Zone 1. The aforementioned FEIS assessed environmental impacts including but not limited to Fish and Wildlife Habitat and the projects effects on the Cedar River. In addition to the FEIS, the applicants provided an additional Standard Stream Study and Hydraulic Analysis of the potential effects of a resistance board weir on Cedar River water Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Nearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, VA SM PUBLIC HEARING DATE August 12, 2008 Page 9 of 23 surface elevations (WSELs), as well as geomorphic analysis of the potential for erosion and scour at the weir during high flows. The Stream Study and Hydraulic Analysis were prepared by Tetra Tech, dated October 31, 2007 and September 26, 2007 respectively. Shannon and Wilson Inc. also provide an additional geotechnical report, dated May 13, 2008, specifically addressing the boat tether cable that is proposed to be mounted behind the existing retaining wall on the north bank of the Cedar River. Adverse impacts to Chinook and other fish species are likely to be avoided or minimized through monitoring and modifying weir operations over time. This has been done successfully at the existing weir at Cavanaugh Pond near the Landsburg site though operational protocols. The applicants are modifying the protocols for the proposed weir site in Renton, though consultation with the Cedar River Anadromous Fish Committee, including federal, tribal, and state fish management agencies. The act of "broodstock collection" would remove fish from the Cedar River and place them in the hatchery at Landsburg resulting in a reduction of fish within the Cedar River. The City of Renton has created a salmon spawning channel upstream of the proposed broodstock facility as mitigation for their Hydraulic Permit Approval #G1503-1. In order for the City of Renton to meet their mitigation requirements of the subject HPA a specific number of salmon (based on run size) are required to spawn with in the spawning channel each year. Because fish behavior is variable and the proposed project may have effect on salmon behavior, specifically spawning, and number of fish to reach the spawning channel; staff recommends as a condition of approval that prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife and the City of Renton shall be achieved as to resolve the concerns of SPU's broodstock facility on the City's ability to meet the requirements of the HPA. The subject site is located within and along side a Class 1 Stream, the Cedar River, at river mile 1.7. The City of Renton's Shoreline Master Program has designated the subject section of the Cedar River (river mile 1.7) as Urban Shoreline Environment_ Pursuant to RMC 4-3- 090J the Objective of the Urban Environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. The Shoreline Master Program has also given priority to planning for public visual and physical access to water in the Urban Environment and encourages enhancement of the waterfront. To ensure maximum public use, the Shoreline Master Program requires, industrial and commercial facilities to be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to nonmoterized transportation routes such as bicycle and hiking paths. The proposed broodstock facility and associated access road would provide unobstructed public access to the shoreline from mid -December to mid -September. When fish collection is in progress at the subject site (mid -September to mid -December) to the site a provision would be made to continue public access with minimal obstruction. In addition, the proposed access road is located adjacent to the Cedar River Trail, a non -motorized transportation route. The broodstock facility and associated access road meets the objectives and priorities expressed within the Shoreline Master Program Urban Environment. The proposed access road would be constructed up to the ordinary high water mark of the Cedar River but not beyond, the weir would be placed within the river_ The applicant has applied for a Substantial Shoreline Development Permit for the work within the Cedar River. Renton's Shoreline Master Program does not have a specific buffer for a Class 1 stream; as such, the work up to the ordinary high water mark is not within a stream buffer area. Although, the project would permanently impact 717 square feet of priority habitat area of riparian vegetation within 25 feet of the ordinary high water mark of a Shoreline of the State. The applicants have proposed a mitigation plan to compensate for the permanent impact; which includes the enhancement of approximately 1,400 square feet of adjacent area. Non- native vegetation would be removed from the understory and replaced with a mix of native trees and shrubs. To minimize encroachment of invasive species from the surrounding areas; the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Pacifi LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12. 2008 Page 10 of 23 with native trees, shrubs and groundcover. To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan (Exhibit 17-19). The FEMA Flood Insurance Rate Maps indicate that the subject site is within a 100-year Flood Hazard Area. The applicant provided a Hydraulic Analysis of the potential effects of the weir on the Cedar River at the subject location. The weir is a lightweight temporary structure that can be easily damaged by high flows. Therefore, the weir would be lowered when flows exceed a target flow of 1,500 cubic feet per second (cfs). The Hydraulic Analysis indicated the operation plan for the weir would be to remove the weir from the river, when large flood events are anticipated. This protocol would ensure that the weir is not damaged and there would be no impedance to the river that might exacerbate flood elevations. The maximum weir elevation examined in the hydraulic analysis is the elevation that occurs at a flow of 1,500 cfs. However, Tetra Tech expressed that there is no explicit modeling method for computing the head loss through a resistance -board weir. Therefore, they used three different modeling methods to determine the water surface elevations (WSELs). Based on the results of several analytical approaches the expected rise of WSELs due to the weir, is no more then 0.4 feet in the vicinity of the weir for low flows and would likely be less then 0.4 feet at high flows, when the weir is unlikely to have much if any effect. With regard to concerns about the weirs effects on erosion and/or scour of the river bed and/or banks, Tetra Tech provide a Geomorphic Analysis using empirical evidence from Alaska and California, where similar projects exist. The conclusion of this analysis indicates that no major scour has ever been observed during the operation of the weirs in California or Alaska. The applicant is proposing to closely monitor the geomorphic conditions in the river during operations of the weir. If needed, the substrate rail can be removed at the end of the fishing season or in the event of a major flood to eliminate the potential for scour. The Geologic Hazards include sensitive and protected slopes and seismic hazards. The proposed access road would start at Narco Road and cross the Cedar River Trail at the front edge of a terrace above the river, and then curve down the terrace slope to a lower terrace that is within the active flood plain of the river. This access road to the Cedar River would require some grading work, the estimated cut material is 880 W cubic yards (Exhibit 11). Pursuant to the proposed grading plan, the access road would not be within the area of protected slopes (slopes with a grade of 40 percent or greater) (Exhibit 30). The applicants have proposed an erosion control plan to protect the Cedar River and provide erosion and sediment control (Exhibit 7 & 8). The plan includes such erosion control measures as silt fence installation, Bio-Bag and clearly marked boundaries to minimize accidental intrusion into the fish and wildlife habitat area during construction (Exhibit 16). It is anticipated that access road construction activities may cause slope instability and/or erosion. In the event that construction activities do result in slope instability and/or erosion, staff recommends as a condition of approval that the applicant provide a slope enhancement and restoration plan including maintenance and monitoring. The subject site is located in area of known archeological significance. Prehistoric use of and habitation near the mouth of the Cedar River Valley has been documented by previously investigated site in the vicinity of the project area. The applicants provided a "Cultural Resources Assessment for the Cedar River Sockeye Broodstock Site" prepared for Seattle Public Utilities, by Jana L. Boersema, of Cascadia Archaeology, Seattle, WA. The cultural resource survey of the project area included a pedestrian surface survey of the proposed access road and where possible, the perimeter of the limit of work (Exhibit 26). No prehistoric cultural material was observed in the survey although, a number of historic objectswere observed on the surface and in shovel probes through out the project area. These objects were generally insignificant fragments of metal, glass, coal, and brick and cement rubble. The report concluded it would be unlikely that construction of the road would cause disturbance to intact deposits containing significant prehistoric or historic cultural material. However, uncovering previously unrecognized cultural material during construction activities is still a possibility; as such, staff recommends as a condition of approval if any Native American grave(s) or archaeological/cultural resources are found all construction activity shall stop and the developer shall notify appropriate local and state agencies. Broodstock_hexrpt 08-018 (with charges) City of Benton Department of Community & Economic Development Preliminary Report to the Hearing Examiner sPU Broodstock Facility _ LUA08-018, SA-H, CU-H,y-H, SM PUBLIC HEARING DATE August 12, 2008 Page 11 of 23 The subject site is vacant land that is primarily vegetated with native and invasive plants and shrubs, and Black Cottonwood tree species. Within the project vicinity approximately 14 trees of 6-inch caliper or greater exist (Exhibit 9). The project would require the removal of 5 trees, three of which are within 25 feet of the Cedar River (two red alders, 7-inch and 10-inch caliper, two poplar, 18-inch diameter and one 12-inch big leaf maple). All the trees proposed to be removed are within the riparian shoreline area of the Cedar River. All trees proposed to be retained would be protected during construction with fencing and signage. SPU is proposing to replace all five trees at a ratio of 2:1. The proposed mitigation and enhancement plan proposes the planting of 29 new trees, 8 of which are Black Cottonwood, 3 Sitka Spruce, 8 Douglas Fir, and 10 Western Red Cedar. 3. COMPLIANCE WITH ERC MITIGATION MEASURES NIA 4. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from 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 the report. 5. CONSISTENCY WITH SITE PLAN CRITERIA: Pursuant to RMC 4-9-200.E, "The Reviewing Official shall review and act upon site plans based upon comprehensive planning considerations and the following criteria. These criteria are objectives of good site plans to be aimed for in development within the City of Renton. However, strict compliance with any one or more particular criterion may not be necessary or reasonable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to be inflexible standards or to discourage creativity and innovation." The site plan review criteria include, but are not limited to, the following: (a) Conformance with the Comprehensive Plan. The subject site is designated Commercial/Office/Residential (COR) on the Comprehensive Plan Land Use map. The CDR designation provides opportunities for large-scale office, commercial, retail, and multi- family projects developed through a master plan and site plan process incorporating significant site amenities and/or gateway features. The proposed project would not be consistent with the COR Comprehensive Plan Land Use designation. Due to the use of grant monies to purchase the subject property, its potential for development has been restricted to recreational uses. The subject site is also incorporated into the Tri-Parks Master Plan, adopted by the City Council September 25, 2006. The COR designation does not address park properties within its purpose statement resulting in non-compliance with the Comprehensive Plan. In addition, the size and shape of the property does not provide a site conducive to large-scale office, commercial, retail, and/or multi -family development. Therefore, staff has found that any development proposed on the site would not comply with the Comprehensive Plan designation. The site being used as a broodstock facility and Cedar River access point would be the most accommodating use of the site with regard to policy. The flowing Comprehensive Plan Policies and Objectives do apply to the subject project: Objective EN-C: Protect and enhance the Cify's rivers, major and minor creeks and intermittent stream courses. ,,'Policy Objective Met ❑ Not Met Policy EN-5: Degraded channels and banks should be rehabilitated by public programs and new development. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community 8 Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 12 of 23 ✓Policy Objective Met ❑ Not Met Objective EN-K: Protect and enhance wildlife habitat throughout the City. ,,'Policy Objective Met ❑ Not Met Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. ✓Policy Objective Met ❑ Not Met Policy P-3: Develop a variety of active and passive facilities in a coordinated system of neighborhood and community parks. *,'Policy Objective Met ❑ Not Met Policy P-52: Multiple uses of public open space should be provided. Interconnect the open space network. include lands such as active and passive parks, schools, public open space, trails, private open spaces and native vegetation easements with public access easements, utility rights -of -way, waterways, and unusual open spaces (areas of protected habitat). ✓Policy Objective Met ❑ Not Met Policy P-55: Where feasible, encourage educational opportunities in public open space areas. ✓Policy Objective Met ❑ Not Met Policy P-104: Provide nature interpretation programs to increase awareness, understanding and appreciation of Renton's wildlife and natural resource areas. ✓Policy Objective Met ❑ Not Met (b) Conformance with Zoning Regulations. The proposed broodstock collection facility and Cedar River access point is located within the Commercial/Office/Residential (COR) zoning designation and the Resource Conservation (RC) zoning designation. The majority of the project is within the COR zone except a small portion of the access drive and the temporary staging area for the broodstock collection staff. The purpose of the COR zone 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. It is intended to implement the Comm erciallOfficelResidential Land Use Comprehensive Plan designation. 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 purpose of the RC zone is to provide a very low -density residential zone that endeavors to provide some residential use of lands characterized by extensive critical areas or lands with agricultural uses. It is intended to implement the Low Density Residential Comprehensive Plan designation. This zone promotes uses that are compatible with the functions and values of designated critical areas and allows for continued production of food and agricultural products. The COR zone did not specifically address the "use" broodstock facilities; as such, a Policy Decision was issued on April 28, 2008 by the Development Serviced Director, determining that broodstock facilities are similar in character to the definition of Natural Resource Extraction/Recovery (No appeals were filed for this determination). Therefore, a broodstock collection facility would be allowed in the CDR zone subject to a Hearing Examiner Conditional Use Permit. The only portion of the project that is within the RC zoning designation is a small part of the access road and a staging area for the crew that would operate the broodstock facility. This has been determined to be considered and accessory use to the Natural Resources Extraction/Recovery that is allowed in the RC zone subject to a Hearing Examiner Conditional Use Permit. Sroodstock_hexrpt 08-018 (with changes) City of Renton Department of Community 8 Economic Development Preliminary report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, GU-H, V-H, SM PUBLIC HEARING DATE August I 2008 Page 13 of23 The applicant contends the proposed broodstock facility is intended to facilitate in the recovery of a natural resource (salmon) by providing a mechanism to enhance the population of the fish. Density — When development involves residential, the minimum density in the COR zone is 30 dwelling units per net acre and the maximum is 50 dwelling units per net acre. As the project does not contain a residential component, the development is not subject to the density limitations of the COR zone. Lot Coverage - The COR zone allows building coverage to a maximum of 65% of the total lot area or 75% if parking is provided within the building or within a parking garage. As the project does not contain any permanent structures, the project would have a zero percent building coverage, which would comply with lot coverage requirements. Setbacks — The COR zone setback regulations are determined through site plan review. The subject application does not have any permanent structures to be setback from property lines; therefore, setbacks are not applicable to the subject proposal. Landscaping — The COR zone on -site landscaping regulations are determined through site plan review. The subject project does not propose any formal landscaping although; the applicants have proposed shoreline vegetation enhancement and restoration as part of a mitigation plan for the 717 square feet of permanently impacted shoreline habitat area and 231 square feet of temporarily impacted area. The 231 square foot temporarily impacted area is proposed to be reseeded, upon completion of construction. In addition, the mitigation proposal includes the enhancement of approximately 1,400 square feet of adjacent area; non-native vegetation would be removed from the understory (including Himalayan blackberry, Evergreen blackberry, Japanese knotweed, English ivy, English holly, Scotch broom, morning-glory and bittersweet nightshade) and replaced with a mix of native trees and shrubs. The proposed plantings include 39 trees, 533 shrubs and 8.5 pounds of seed. The proposed trees include 10 Black Cottonwood, 5 Sitka Spruce, 11 Douglas Fir and 13 Western Red Cedar. The shrubs include 47 Vine Maple, 13 Serviceberry, 20 Dogwood, 26 Beaked Hazelnut, 42 Oceanspray, 26 Twinberry, 46 Snowberry, 32 Red Flowering Currant, 9 Sitka Willow, 136 Sand Strawberry and 136 Sword Fern_ The seed includes 47% Blue Wildrye, 40% Red Fescue, 10% Tufted Hairgrass, 2% Western Mannagrass and 1 % American Sloughgrass. To minimize encroachment of invasive species from the surrounding areas the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored with native trees, shrubs and groundcover. To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan. Staff recommends as a condition of approval that the applicant comply with the recommendations and five-year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages 1-1-1-5 of the provide permit set. Height — The COR zone permits a maximum building height of 10 stories and/or 125 feet. The subject application does not propose any permanent structures; therefore, height restrictions are not applicable to the subject proposal. Pedestrian Access — The COR zone pedestrian access regulations are determined through site plan review_ The subject proposal allows for improved pedestrian access to the Cedar River where historically citizens have been using the site to access the river without a designated pathway. The improved access drive would preserve and enhance the native vegetation on the site in the shoreline area by providing an easy accessible path to the waters edge. The subject project is proposed to serve as pedestrian access point for the Cedar River in addition to an access point for SPU's broodstock collection facility. The access drive would provide safe and easy access to the Cedar River for foot traffic that is not currently available on the south side of the Cedar River. The access drive would be accessed by pedestrians via the Cedar River Trail, a regional pedestrian trail system. The access drive would also be utilized as a pedestrian access point for the launch of small non- Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page iq of 23 motorized water craft such as row boats, kayaks, canoes, and inner tubes for recreational water activities in the Cedar River. The only vehicular access permitted on the subject drive would be the fish transport truck for SPU to move broodstock from the subject site to their Fish Hatchery at Landsburg, and possibly a hydraulic lift vehicle for transporting fish from the traps to the transport tuck. The public access point would not preclude pedestrians when the fish transport tuck is entering or leaving the access driveway. Parking/Circulation -- The parking regulations do not address parking requirements for "Natural Resource Extraction/Recovery" and/or outdoor recreational activities. The applicant has proposed to utilize the existing parking for Narco Park. Staff recommends approval of the proposed parking plan for the following reasons: The newly created access point to the Cedar River is an improvement to the existing facility and does not create a new use at the site therefore; the access point would not increase demand for parking. Second, the broodstock facility is a temporary facility that would be utilizing the Narco parking area for approximately three months (mid -September to mid - December). Broodstock collection would be in progress after the peak summer season (Memorial Day through Labor Day) for park use. As such, the demand on the existing parking lot would be less and therefore, sufficient parking space would be available. In addition, the Tri-Park Master Plan has indicated that Narco Park would expand its parking significantly in the future, as part of the plan to redevelop the park per the Master Plan. Expanding or requiring changes to the existing parking lot at this time may be inconsistent with the Tri-Park Master Plan and therefore, would have to be removed at a later date, increasing cost to the City_ The proposed access drive is across two parcels one of which is owed by WSDOT and the other is owned by the City of Renton. To ensure that SPU has permission to utilize the proposed access facility, staff recommends as a condition of approval that the applicant successfully obtain ■ access easeM@Rts easement from WS98T-ate the City of Renton. (c) Mitigation of impacts to surrounding properties and uses. The potential impacts of the subject proposal to surrounding properties include visual impacts to the Renton Community Center and the activities that take place in the Cedar River Park. The visual impacts are proposed to be mitigated in the following manner: the applicant has proposed the smallest possible access drive to achieve their goal of broodstock collection, which results in the least amount of vegetation removal as possible (Exhibit 28 & 29). The applicant is preserving as many trees as possible along the south bank in addition they are providing additional plantings to mitigate for permanent impacts to the area (see criterion `(b)' above). To mitigate for the weir's visual impacts the applicants are proposing public outreach and education. This includes fixed interpretive and educational panels, two 2-foot by 3400t freestanding panels along the river's right bank above the weir. Panel one would be entitled "Lifestyles of the Fish and Famous" addressing what is in the river (sockeye, Chinook, coho, steelhead, rainbow trout, suckers, cutthroat, and whitefish), when they are in the river, developmental phases in the river, diagram of life cycle of anadromous/freshwater fish, and sockeye in the Cedar River. During broodstock collection (the only time the weir would be in the river) the above sign would be replaced with a interruptive sign addressing broodstock operation, hatchery, Muckleshoot Indian Tribe/WDFW co -managers of sockeye fishery, adaptive management, and sockeye life cycle. The second sign would be entitled "Born to be Wild: Native habitats and plants'. This sign would include information on plant identification and specific animals they support, erosion control, riparian zones, how people can help salmon and native habitat at home. In addition to the interpretive signs, SPU is also proposing an interpretive kiosk on the left bank overlooking the broodstock weir. The four - panel kiosk would include five main topics, with the last two installed on a rotating basis, depending on if the weir is in operation. The five topics are as follows: 1) Overview of the regional trail system, 2) Rules and Regulations, 3) History of land ownership and use, 4) Sockeye in the Cedar (seasonal sign posted during collection phase), and 5) Source to Sound and Faucet (posted when not collecting sockeye). Over time, the subject signs may Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 1Z 2008 Page 15 of 23 deteriorate and/or be vandalized and repair and maintenance would be needed. To ensure that the proposed educational outreach signs and kiosk remain in good repair, staff recommends as a condition of approval that SPU be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. (d) Mitigation of impacts of the proposed site plan to the site. The site plan would have impacts on a shoreline of the state as discussed above (in criterion V). A mitigation plan has been proposed including a five year maintenance and monitoring plan. Construction activities related to the initial development of the project would be required to utilize best management practices through code requirements for an approved Temporary Erosion and Sedimentation Control Plan (TESCP). This includes but is not limited to silt fencing, Bio-Bags and a Turbidity Curtain- (e) Conservation of area -wide property values. The proposed community access and broodstock collection would enhance what is a currently a vacant and unimproved site. The project is expected to conserve and potentially enhance area -wide property values, with the addition of a new pedestrian access point to the Cedar River. The shoreline enhancement/mitigation plan would remove invasive species from the project site, which is anticipated to improve the quality of the subject property resulting in increased property values. Moreover, the existing vacant site has indications of vagrants using the property as a "resting place" in addition the site has been scattered with litter. The location of an access facility on this site would increase visibility and pedestrian activity keeping the area safer. The mitigation proposal would clear the site of trash and during broodstock collection there would be staff members on site 24 hours a day 7 days a week, resulting in added security. (0 Safety and efficiency of vehicle and pedestrian circulation. Ingress to the site is proposed from Narco Road on the south side of the Cedar River to the rivers edge by crossing the Cedar River Trail down the south bank of the Cedar River. The applicant has proposed to place removable bollards along the south side of the Cedar River Trail to prevent unauthorized vehicles from accessing the drive. The drivers of the fish transport tuck would yield to pedestrian traffic on the Cedar River Trail, which would ensure safe and efficient vehicular and pedestrian circulation. During construction of the access roadway, the Cedar River Trail would be temporally closed. The applicant has proposed to provide a pedestrian detour around the construction site with temporary asphalt and signage (Exhibit 10). Staff has determined the detour and signage would be satisfactory for pedestrians using the trail on a regular basis. Although, the City of Renton uses the Cedar River Trail for public sponsored events annually, some of which are Renton River Days and the Candy Cane Fun Run. In order to ensure construction of the access drive does not interfere with public sponsored events; staff recommend as a condition of approval that site construction be timed to not interfere with City sponsored public events planed along the subject portion of the Cedar River Trail. The weir would be placed within the Cedar River, which supports non -motorized boat traffics and moderate recreational use, especially in the summer months. A boat passage cap in the weir structure would allow for safe boat passage and other forms of non -motorized water craft movement over the top of the weir. The weir has many safety aspects inherent in its design for passing objects and not trapping surface objects and safety would be augmented with operational elements (monitoring, cleaning, etc_), buoys, safety lights, and warning signs. Signs for river users would be posted upriver at Riverview Park and along the riverbank between Riverview Park and the weir. The applicant indicated that throughout the season, the weir and its operation would be evaluated to identify potential risks and immediate action would be undertaken to eliminate or minimize those risks_ In addition, there would be signage installed on the shore and around the weir warning the public of the dangers associated with walking on the weir. In addition, there are safety concerns for the proposed cable that is proposed to be seven feet above the ordinary high water mark (QHWM) of the Cedar River. During higher flows the seven foot clearance would be reduced causing safety issues to recreational boaters and kayakers who frequently use the river, specially during higher flows. Do to the number of Broodstock hexrpt OM18 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LUA08-098, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August I 2008 Page 16 of 23 safety concerns to pedestrians and recreational boaters, staff recommends as a condition of approval that a safety management plan be provided to the City of Renton for review and approval. (g) Provision of adequate light and air_ The subject project does not propose any permanent structures. Do to the nature of the proposed project, staff expects the project site would provide for adequate light and air. The applicants submitted a lighting plan for the subject site that indicates three light poles would be provided on site. The first two are located along the south side of the access drive the third is located south of the ordinary high water mark of the Cedar River and west of the access drive. The third pole has two lights mounted; one to illuminate the access drive the other to illuminate the weir. The proposed lighting plan appears adequate to sufficiently light the area of work during periods of low light. In addition, the applicant provided a iuminaire schematic (Exhibit 25) that indicates all proposed light fixtures would cast light within the property boundaries of the subject site-, except for one of the proposed lights on pole number 3. This light would shine out into the Cedar River to illuminate the weir, as to aid the workers in clearing and/or cleaning the weir of debris at any time of day. This light would only be used when necessary in order to prevent adverse affects on aquatic life within the Cedar River. (h) Mitigation of noise, odors and other harmful or unhealthy conditions. It is anticipated that noise and air quality (dust) impacts consistent with typical construction practices would result from the initial construction of the site. These short-term impacts would be mitigated by the applicant's construction mitigation plan. In addition, the applicant would be required to comply with existing code provisions that establish the allowed hours of construction activities for projects to weekdays between the hours of 7:00 am and 8:00 pm. Construction activities are not permitted prior to 9:00 am on Saturdays or after 8:00 pm and no work is permitted on Sundays. During broodstock collection, the applicant has proposed to locate refuse and recycling containers for staff within the utility/equipment trailer. The contents of the refuse and recycling containers would be removed weekly (or more frequently if necessary) and managed off -site. There would be a wastewater holding tank built in to the "residential" trailer in order to provide restroom facilities to staff. Wastewater tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. As proposed, staff does not expect the refuse, recycling or wastewater tank to create any harmful or unhealthy conditions. Upon project construction, staff does not expect the proposed development to generate any harmful or unhealthy conditions. Noise impacts associated with increased traffic and activities resulting from the completed project would not increase significantly above existing conditions in this area of the City. (i) Availability of public services and facilities to accommodate the proposed use. Fire Department and Police staff indicated existing facilities are adequate to accommodate the subject proposal. The project would not require the use of a sanitary sewer connection. Restrooms would be provided for broodstock collection staff within the temporary trailer. The applicants have indicated the waste water holding tank within the trailer would be pumped once a week or as needed. Seattle Public Utilities is proposing to extend water service and electricity to the site. The combination of existing facilities and proposed facilities would accommodate the proposed use. Q) Prevention of neighborhood deterioration and blight. The proposal would redevelop an existing vacant site. The development would include the construction of a new access point on the Cedar River from an existing pedestrian trail (Cedar River Trail) with associated native landscaping improvements (see criterion 'e' above). The improvements planned within this project proposal are expected to increase property values; therefore, staff does not anticipate neighborhood deterioration or blight to occur as a result of this proposal. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 17 of 23 6. CONSISTENCY WITH CONDITIONAL USE CRITERIA: Section 4-9-030.G lists 11 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Conditional Use application. These include the following: (1) CONSISTENCY WITH THE COMPREHENSIVE PLAN, ZONING CODE & OTHER ORDINANCES: The proposed use shall be compatible with the general purpose, goals, objectives and standard of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City of Renton. (a) Comprehensive Plan Land Use Element The subject site is designated Comm ercial/OfficelResidential (COR) and Residential Low Density on the City's Comprehensive Plan Land Use Map_ See staff's consistency evaluation in "Site Plan Consistency" section 5 above. (b) Zoning Code See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (c) Development Standards See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. (2) COMMUNITY NEED: There shall be a community need for the proposed use at the proposed location. In the determination of community need, the Hearing Examiner shall consider the following factors, among all other relevant information: (a) The proposed location shall not result in either the detrimental over concentration of a particular use within the City or within the immediate area of the proposed use. The applicant contends that the proposed location of the broodstock facility would not result in the over -concentration of this type of facility within the City of Renton. There can be only one fish collection facility of this type on the Cedar River within the City of Renton and the immediate area. Staff concurs that there are no other existing or proposed broodstock facilities with in the City of Renton; as such, an over concentration of broodstock facilities is not anticipated. (b) That the proposed location is suited for the proposed use. The applicant contends the proposed location is well suited for a public access point and the broodsock collection facility. The access point would be across the river from the Cedar River Park and adjacent to a public parking lot that is primarily used for the Cedar River Trail access and parking. In addition, the applicant has indicated that the proposed project would benefit the community at large. The construction of a trail to the edge of the Cedar River would allow public access to the river. The access can serve as a boat launch for small non -motorized boats such as kayaks or canoes that can be carried from the upper parking lot to the river. The removable weir would be in place from mid -September to mid -December and would be stored off -site when not in use, providing full and unobstructed access more than eight months out of the year. Staff concurs with the applicants conclusions that the proposed project would benefit the community at large. The project is proposed at a location suited for the proposed use and would not result in an over concentration of a particular use within the City. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 1Z 2008 Page 18 of 23 (3) EFFECT ON ADJACENT PROPERTIES. The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following site requirements shall be required: (a) Lot Coverage: Lot coverage shall conform to the requirements of zone in which the proposed use is to be located. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (b) Yards: Yards shall conform to the requirements of the zone in which the proposed use is to be located. Additions to the structure shall not be allowed in any required yard. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (c) Height: Building and structure heights shall conform to the requirements of the zone in which the proposed use is to be located. Spires, bellfowers, public utility antennas or similar structure may exceed the height requirement upon approval of a variance. Building heights should be related to surrounding used in order to allow optimal sunlight and ventilation, and minimal obstruction of views from adjacent structures. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above_ The applicant contends the proposed facility would not result in substantial or undue adverse effects on adjacent property; because the proposed facility is compatible with 1-405, the Cedar River Park, and Narco Park, which are all properties within close proximity to the subject site. Staff concurs with the applicants conclusions that there would not be substantial or undue adverse effects on adjacent property. (4) COMPATIBILITY: The proposed use shall be compatible with the residential scale and character of the neighborhood: The applicant contends that the proposed use is compatible with the residential scale and character of the neighborhood. There are no residences in the immediate area of the proposed facility and the access road would be located off of the existing Narco Road, which currently is blocked to vehicle traffic immediately east of the access point. Staff has reviewed the proposal and concurs with the applicant; that the proposed use would be compatible with the scale and character of the neighborhood. Although, the subject project includes some inherent unpredictably as to how it functions and its compatibility to the site and surrounding areas; as such, staff recommends as a condition of approval that the Conditional Use Permit be limited to a time frame of five years. (5) PARKING: The proposal does not include any parking spaces. A 15 to 20-foot wide drive aisle is proposed and it is anticipated that the fish transport truck would park in the drive aisle. The applicant has indicted that the existing parking lot that is used to access the Cedar River Trail, would be used for staff parking and for the temporary trailers. It is anticipated that in addition to the temporary trailers, 2 to 4 parking spaces would be used by the broodstock facility employees while collection is in process. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community 8 Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 19 of 23 (6) TRAFFIC: Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in the surrounding area. The applicant contends the project would have some impacts to both vehicle and pedestrian/bicycle traffic in the parking lot area during the collection period. From one to three times a day, the fish hauling truck would access the site via the parking lot and cross the Cedar River Trail to drive down the river. Signs would be mounted in both directions on the trail warning users approaching the site of potential truck crossing ahead. See additional evaluation above in "Site Plan Consistency' section 5, Safety and efficiency of vehicle and pedestrian circulation. (7) NOISE, GLARE: Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on -site parking areas, outdoor recreational areas and refuse storage areas. The applicant contends the operation of the broodstock facility would create some additional noise, but given the close proximity to 1-405 it should be neglible. The proposed lighting system would be designed to meet the functional and safety requirements of the round-the-clock demand of the fish collection program. The fixtures have been selected and sited to minimize glare and to be visually recessive in the landscape. The system would be on a separate circuit, to be activated only during fish collection operations. See additional evaluation above in Site Plan Consistency section 5. (g) "Provision of adequate light and air". (8) LANDSCAPING: Landscaping shall be provided in all areas not occupied by building or paving. The Hearing Examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. The applicant has indicated that a comprehensive landscaping plan has been proposed for the project site. The plan includes the clearing of noxious weeds (blackberry, Japanese knotweed, ect.) and replanting the area with native and non- invasive trees, shrubs and other plants species. Staff recommends approval of the landscaping/mitigation plan as the majority of the project is within critical areas. See "Conformance with Zoning Regulations" (b) evaluation in "Site Plan Consistency' section 5 above. (9) ACCESSORY USES: Accessory uses to conditional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to be separate uses and shall be subject to the provisions of the use district in which they are located. The applicant contends there are no accessory uses planned for this site. For the purposes of staff's evaluation, the temporary trailers are considered an accessory use to "Natural Resource Extraction/Recovery" within the RC zone. Accessory uses to "Natural Resource Extraction/Recovery' is allowed within the RC zone subject to the approval of a Conditional Use Permit_ Staff is recommending approval of the Conditional Use Permit. (10) CONVERSION. - No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Chapter. No conversion is proposed_ Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility_ LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 20 of 23 (11) PUBLIC IMPROVEMENTS: The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities, and services. Approval of a conditional use permit may be conditional upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities, and/or services. The applicant contends the proposed project would not impose undue burden on any public improvements, facilities, utilities or services. During the fish collection season, a portable trailer would be located onsite to house operation staff 24 hours a day, 7 days a week. In addition, a smaller equipment trailer would be placed adjacent to the living quarters to allow for storage of equipment and clothing. A 3/4-inch water service would be installed to provide potable water to the upper portion of the project site. Refuse and recycling containers would be placed in the utility/equipment trailer and their contents would be removed weekly and managed off -site. Restroom facilities would be located in the trailer designated as temporary living space. There would be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer. Tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. All utilities would be separately metered and usage would be paid for by SPU. 7. CONSISTENCY WITH VARIANCE CRITERIA: Section 4-9-250113.10 Lists 10 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Variance application. These include the following: (1) Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served: The applicant contends the subject project is consistent with the Comprehensive Plan specifically the following policies: Policy EN-2: Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply energy production and open space. Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. In addition, the applicant has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies. One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period. Staff has reviewed the request and concurs that the placement of the broodstock facility along Cedar River near 1-405 crossing is the best location to serve the public's health, safety, and welfare. if order to utilize the subject location for this purpose the least amount of trees to remove would be five. The applicant is requesting the minimum necessary to construct a functioning broodstock facility and Cedar River access facility. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility L UA08-018, SA-H, CU-H, VA SM PUBLIC HEARING DATE August 12, 2008 Page 21 of 23 (2) Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies: The project is located in an area primarily designated as Commercial/Office/Residential and borders on a Resource Conservation zone. The two land use policies of particular relevance to the proposed project are as follows: Policy LU-62: Natural and cultural resources should be identified by project proponents when applying for land use approval, as part of the application submitted for review, and Policy LU-90: Siting of regional facilities that are specialized (e.g. landfills, maintenance shops) or serve a limited segment of the population (e.g. justice centers) should rely more strongly on the special locational needs of the facility and the compatibility of the facility with surrounding uses. The applicant has indicated the proposed broodstock collection is a very specialized regional facility that must be located on the river. The adjacent land uses, the 1-405 transportation corridor and Renton's Narco Park are compatible with the proposed facility. Staff has reviewed the subject proposal and has determined the proposal conforms to the Comprehensive Land Use Plan and the Tri-Parks Master Plan. As such, staff concurs with the applicants conclusions. The removal of the five trees in the shoreline area would be necessary for the broodstock project and access facility to be constructed_ The applicant has provided a mitigation plan that includes enhancement of the shoreline for the loss of trees and five -years of maintenance and monitoring. (3) Each facility must serve established, identified public needs: The applicant contends that the proposed project serves established, identified public needs as shown in the Landsburg Mitigation Agreement and in the City of Renton's Comprehensive Plan Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. Staff has reviewed the variance request and concurs that the removal of five trees to provide a broodstock facility and public access facility would serve an established and identified public need. (4) No practical alternative exists to meet the needs: SPU considered the following alternatives: A) SPU contends that relocating the driveway within the proposed location further east or west would result in the loss of additional and/or larger trees. B) In addition, SPU contends that if no trees are removed then there would be no driveway to the water's edge. Fish could not be moved by crane from the river to a truck_ Thousands of salmon would be transported by hand from the river to the roadway, which would be much more stressful to the captured sockeye, much more time consuming and riskier for the workers transporting the fish. Based on the applicant's justification for the site selection, staff concurs that the proposed variance is the minimum necessary to accomplish the desired purpose. (5) The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts. - The applicant has indicated that the lost trees would be replaced at a 2:1 ratio. The proposed driveway has been located to avoid to very large cottonwood trees. TOe applicant proposes to compensate for the permanent loss of 717 square feet of riparian vegetation in the shoreline area by enhancing 1,400 square feet of adjacent buffer. The enhancement activities include removing non-native trees, including a Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community 8 Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V--H, SM PUBLIC HEARING DATE August 1 Z 2008 Page 22 of 23 substantial number of conifers. In addition, approximately 9,950 square feet of additional area would undergo invasive species removal and would be restored with native trees, shrubs, and groundcover. Staff concurs with the applicant's conclusions that the project proposal takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts. (6) The proposed activity results in no net loss of regulated wetland or streamllake area, value, or function in the drainage basin where the wetland, stream or lake is located: The applicant contends that the proposed project does not result in a net loss of regulated wetland or stream/lake area, value or function. The proposed project would remove five trees (poplar, red alder and big leaf maple). The vegetation would be restored in the manner describe under criterion 5 above. Staff has reviewed the mitigation proposal and concurs that the project would not result in a net loss of regulated wetland or stream/lake area, value or function. (7) The proposed activities would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State: The applicant contends that the proposed project is designated to enhance salmon recovery in the Cedar River. The proposed action requiring a variance would not jeopardize the continued existence of endangered, threatened or sensitive species. Staff concurs with the applicant's conclusion that the proposed activity would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State. (8) That the proposed activities would not cause significant degradation of groundwater or surface water quality., The applicant contends that the proposed activities would have no effect on groundwater, and they would not cause degradation of surface water quality. Staff concurs that the proposed activities would have no effect on groundwater or surface water quality. (9) The approval as determined by the Hearing Examiner is a minimum variance that would accomplish the desired purpose: The applicant contends that this is the minimum variance necessary. The variance would allow a driveway to be built to the river's edge. The driveway would be sited to avoid removing even larger existing cottonwood trees_ If the applicant only removed the three trees in the direct path of the driveway and access road, the remaining two trees would be a hazard to workers, as the root zone would be severely damaged and leave the trees vulnerable to falling. Staff has reviewed the proposal and concurs with the applicant's conclusions that the removal of five trees within the shoreline area is the minimum necessary to accomplish the desired purpose. (10) The proposed variance is based on consideration of the best available science as described in WA 365-195-905: The applicants contends that the proposed site was recommended in the Cedar River Sockeye Hatchery Project Final EIS, dated March 2003. The EIS was prepared by Seattle Public Utilities, R.W. Beck Inc. Adolfson Associates, Inc., and Tetra Tech/KCM, Inc. Scientist and fishery experts within these organizations assisted with preparation of the EIS. In addition, the applicants have indicated that the proposed mitigation plan (described above in criterion 5) was prepared by Tetra Tech/KMC, Inc. and the Watershed Company, and follows standard vegetation restoration practices. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Prefrminary Report to the Hearing Examiner SPU Broodstock Facility L UA08-018, SA-H, CU-H, V-H, SM PUBLIC NEARING DATE August 12, 2008 Page 23 of 23 Staff concurs that the proposed variance request is based on consideration of the best available science. In addition, the FEIS was appealed five times though the Washington State Court System and was deemed adequate. G. RECOMMENDATION -- Staff recommends approval of the Site Plan Review, Conditional Use Permit and the Variance for the SPU Broodstock Facility, Cedar River Access Facility to be located along the south bank of the Cedar River at 1 405 bridge and immediately upstream of the bridge (parcel numbers 172305-9179 and 172305-9014). Project File No. LUA08-081, SA-H, CU-H, V-H, SM subject to the following conditions: The applicants shall successfully complete a memorandum of agreement (MOA) between SPU and the City of Renton for the management and use of City property. The MOA shall be reviewed for approval by the City of Renton Attorney and signed by the Mayor or authorized representative prior to operation of the broodstock facility. 2. Site Construction (anticipated to be approximately two months) shall not interfere or hinder City sponsored public events planed along the subject portion of the Cedar River Trail, including but not limited to Renton River Days and the Candy Cane Fun Run. If the construction of the access road causes slope instability or erosion. The applicant shall provide a slope enhancement and restoration plan approved by the City of Renton Department of Community & Economic Development, Planning Division project manager. A maintenance and monitoring plan for the approved enhancement and restoration plan would also be required. 4. The applicants shall be required to adhere to the provided Cedar River Access Facility Management Plan, dated dune 0 30, 2008. j 5. This Conditional Use Approval is valid for a period of five years. Prior to expiration the applicant shall provide the city with a written request for the subject Conditional Use Permit to be reviewed by the decision maker to determined if changes are warranted and/or if the agreement can be extended an additional five years. 6. Prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife (WDFW) and the City of Renton shall be achieved as to resolve the concerns of SPU's proposed broodstock facility on the City's ability to meet the requirements of the Hydraulic Permit Approval #G1503-1 (Cedar River Section 205 Flood Hazard Reduction project). 7. The applicant shall be required to provide a safety management plan to be reviewed for approval by the Cit of Renton's Human Resources/Risk Management department prior to . operation of the broodstock facility. 8. Applicant shall be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. 1 �—� 9. CV Applicant shall successfully obtain n access easements from the Washington —Stale �� atk3tn and the City of Renton prior to operation of the broodstock facility. 10. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found all construction activity shall stop and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeological and Historic Preservation. 11. The applicant shall be required to comply with the recommendations and five-year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages L1-L5 of the provide permit set. Brood stock_hexrpt 08-018 (with changes) Renton --- Renton City Limits Parcels Regulated Slopes > 15 <= 25 - > 25 <= 40 Reg... 40 <= 90 Reg... -> 90 Regulated Renton Aerial SCALE 1 : 503 j q t-* �" - 20 0 20 40 FEET 60 6 it 91 EXHIBIT 30 http://rentonnet.org/MapGuide/maps/Parcel.mwf Tuesday, June 17, 2008 4:21 PM McGlenn, J. 17 August 2007 Page 5 of 5 Figure 2. Approximate weir location, facing upstream from the pedestrian bridge. Figure 3. Approximate impact area on the south bank. JXw o cn 3z �O OF r Q _ c.D 2F =1� s�F 0 as 3n" RE MR STAGES. V LONG, GWEN NTO STREAM BED - WELDED EYELETS FOR CABLE AIJU`f ING 113' X A' EYE BOLT WELDED TO ANGLE z 7"MIGLE - V Vast RArE wVL ll}`l In' x r x r FIxT enR (# E OC. WELDED TO ANGLE SUBSTRATE RAIL SECTION (Pernwnant Installation) /Al RENAMAeLE 20' LONG iLOA71NG WEIR PICKET PANELG OR� TERSK)NEC GABLE WEIR 1N WAl[R ATTACH ENT ELEY-3+.G (LUW WRIER �14 ELEv-24.DT) r GRAVEL E C OFU AT UPPERE�GC OF RIL SNg511U1E RNL PINNED WTB PEW LYEN WITH ?REAM BOTTOM Et EV=27 0 (SEES CC--. ION A) LONGITUDINAL STREAM TETRA TECH _ 1420 Fifth A—... SLft W s-IAe, Washi4- 9Biol 206W243W F-206A9 MI R i �k+ CEDAR RIVER ,-,� ♦� PARK NEW 5' WIPE CONIC. SIDEWALK n�/ice . ►# 2 NEW INTERPRE nVE PANELS Qi405 / R F�� f ♦♦ SUBSTRATE RA[L, See Decail A 'I F' "' ��: - _ • �'� s ; TRAP ��EXISTING `� eu RETAINING y� S 1\-REMOVABLE WALL LEGEND ExLS SING STREETS & TRAILS PERVTOVS PAVEMENT NEW PAVEMENT PROPOSED STAIR; I VRES EXISTING RETNNIN(i WALL IAND3uPEo aAEAs AREAS OF UNDI5TURSE0 VEGETATI(XJ NEW LIGFEEPOLE 4 CE EXISTING VEGETATION _ s �r�CABE SL � HOLDING PENS I OHWM NEW ASPHAI:T ♦• a .: ` };l . PAYING R ♦♦ LANDSCAPED I "PUBLIC WATERFRONT ♦• AREAS ACCESS" SIGN + NEW ♦♦• ,�N%yN _ I-- PERYIOUSCONCRETe CITY OF RENTON R. PARCEL BOLLARDS PROPERTYLINE PORTABLE TRAILER!- �.�_ F?4STN4G-- UVING FACILITIES--i),r 1 ,- COEXISTING i r� LIGHTPOLE UTILITY ' KIOSK Wl SPATE OF WAS�INC;"ON - TRAILER EXISTING ^CONIC. SLAB. PARCEL -SIGN EXISTING BOLLARDS - _ rASTWGGATE - - • - - SCALE I " = 24' PERMIT SET COLOREDDISPLAYI"IAP SITE PLAN APPAOVCq FOR ADVERTISNG nks „c on'L *Enws Tam osTE iHe C1D0632 xENNETC NAt(ATFR1 City of Seattle CEDAR RIVER W IIEPAA IMLNI i EYEOU TA AONkf TRAT t o m s UW'f ChUCM CMIU. ORiCW SLATRT. WA .NGTO' �o �� 1flaos -- ACCESS FACILITY 1 YMILT—PLNI — IofI McGlenn, J. 17 August 2007 Page 3 of 5 other location farther upstream would have more significant impacts on wildlife habitat and the migratory corridor. MITIGATION Mitigation for permanent and temporary impacts is depicted on the attached plans. Short -Term All temporarily impacted buffer areas will be restored with native trees and shrubs. Trees will not be installed within 5 feet of roads and structures to prevent future maintenance issues. Loner To compensate for the permanent loss of 742 square feet of riparian vegetation in the 25-foot buffer, approximately 1,951 square feet of adjacent buffer area would be enhanced. Non-native vegetation would be removed from the understory, and replaced with a mix of native trees (including substantial numbers of conifers which are very limited in the lower Cedar River riparian corridor) and shrubs. The lost cottonwood trees would be replaced in the enhancement area at a 2:1 ratio. Although the proposed enhancement plantings would be planted at low density to infill where invasives are removed, the total quantity of proposed plats is equivalent to a 1,120-square-foot area planted at typical densities, or a compensation ratio of 1.5:1. To minimize encroachment of invasive species from the surroundings, a 15-foot wide swath around the enhancement area will also undergo invasive weed removal. Please call if you have any questions or if we can provide additional information. Sincerely, Amy J. Summe (Myers) Wetland/Wildlife Biologist EncI. McGlenn, J. 17 August 2007 Page 4 of 5 Fi MAP�Ll�� IY 4t11 St � " TI 41h St ,� 4 goo ft r $! a tV 3td 5t 4t. z y EL m { N 2nd St V N?nut rN :e Burnett Pt 5 0 ru q _ vi FarArtL a Z [e rb It vi < CEIn Ln = r.' Y v, r- AIMrr AMA St 'w Project Area n St h St ' 4 2CO7 M pauect lne. 5D 20W N"T F Q (top) and Microsofts' Local.Live.com (hottom).[Mcji nn7-R Department of Community & Economic Development Cemet6ry Parcels 1723059014 & 1723059179 Renton Comprehensive Planning j F'!V Alex Pietsch, Administrator Legwd Adriana Johnson, Planning Technician (City Limits COR-Commercial-Office-Residential = RMF-Residential Multi Family C;;PPAA Boundary CV -Center Village RS-Residential Single Family Land Use 2000 EAI-Employment Area Industrial RSF-Residential Single Family landuse EAV-EmploymentArea Valley UC-D-Urban Center Downtown Produce:) by C ;y of Renton rc} 2L138 the City of CC -Commercial Corridor RLD-Residential Low Density UC-N-Urban Center North Renton all reserved No .warranties of any sort. CN�ommercial Neighborhood RMD-Residential Medium Density including f;ut not limited to accuracy, fitness pr merchantabillty, accompany Ibis product. 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R5E 22 T23pJ RSE 820 - 23 T23N R5E" 2, 821 345 ' 600 601 602 112�41- � _.H w H2 H3 1 � H4 H5 "HS H71 26'T23N R4E 25 T23�A R4E 30 T23N R5E 29 T23N R5E 28 T23N R5E "- 2 j T23N R5E 26 T23N R5E 25 5Q �351 .. 603 604 605' 825 826 ` $ 1,3 '14 If `I 16 23N-R4E' 36 T23N R4E 31 T23N 1 32T23N R5E 33 T23N RS€ � 34 T23N R5E 35 T23N R5E se 607 608 '� 1 609 '. _ 610 632 S 833J1 J2 - j,#3--J4�,_",_ ' J5 J 6 I R.- F22N 1 1 T22N 1 6 T22N 1 S T22N R5E 4 727JV 1 3 T22N R5E 2 T22N R5E ,1 T2 RPRIr1FNTIAf Rc (RC) Resource Conservation R-i (R-1) Residential 1 dWac p_ 4 1 Residential 4 dufac R-e (R-8) Residential 8 dufac Rm (RMH) Residential Manufactured Homes R-io (R-10) Residential 10 dufac a (R-14) Residential 14 dufac ern-F (RM-F) Residential Multi -Family Rn-r (Ri Residential Multi -Family Traditional Rx-u (RM-U) Residential Multi -Family Urban Center m�, aa�mera a g e^nic rw�e a„tat'�o^. o� g�.va:�'eeC I t�aee�err the bed"��,c a`Itlo' `+ae�e"'w � � a� Thia neP is br tlaP'oV Pu�PaxINw�ly, MIXED USE CENTERS cv (CV) Center Village uc-nl (UC-N1) Urban Center - North 1 uc-Nz, (UC-N2) Urban Center - North 2 ca (Cl Center Downtown COMMERCIAL coR (COR) Commercial/Office/Residential cr. (CA) Commercial Arterial c (CO) Commercial Office cr+ (Cl Commercial Neighborhood INDUSTRIAL F_jN_](IL) Industrial -Light rr (IM) industrial - Medium a (IH) Industrial -Heavy ----- Renton City Limits -...- Adjacent City Limits 1 it PAGE PAGE# 5ECMOWNMR QL INDEX Liberty N Park 100, 0. 100, 200' Approx. Scale: 1" = 50' 3rd Sfeot Fol FA'M E40 Cedar River Park Project Site cf7-Y aF R,&JVrQk P sr qRc azz of F� �ASH`NGrQNA CIO R'Lc, =C" NEIGHBORHOOD DETAIL MAP Cedar River Natural Zone p 0 VFW PLANNING C1OF RENTON MAR _ 3 MAR RIVER Seattle SOCKEYE % Public 1� V �ATCHERY Utilities Natural Resources Building 1111 Washington St SE Olympia WA 98501 PO Box 40917 Olympia WA 98504-0917 STATE OF WASHINGTON RECREATaON AND CONSERVATION OFFICE (360 9Q2-30M TTY (3E0 902-1996 Fax:(360 902-3026 E-maii: info@roo.wa.gov Web site: WWW. rco.wa.gov August 7, 2008 rk` Lesl ie Betlach L Cop Renton Parks Department 1055 S. Grady Way 50' Floor Renton, WA 98055 RE: Construction of Boat Launch]River Access and Broodstock Collection Facility on the Cedar River (City of Renton); RCO Projects 92-297D, 93-124A, 7"38A Dear Ms. Betlach, This letter is a response to your request for clarification regarding the pending development at the Cedar.River just north of.its intersection with 1-405. As detailed in the attached Cedar River Access Facility Management Plan (Seattle Public Utilities [SPU] July 3e 2008), the planned construction and management of the site currently does not constitute a conversion per your Washington Wildlife and Recreation Program ^ Local Parks and Trails (WWRP) grant agreements. This determination is contingent on the City of Renton's on -going maintenance and operation of the site as a recreational resource to your park users and meeting your obligations under WWRP. Please keep RCO included inthe development of any future use agreements you will develop and sign with SPU (or others) so we can ensure the signed docurment(s) is consistent with your obligations under WWRP. If and when adopted, we require that Renton send RCO a signed copy of your use agreement with SPU (or others). We require this as your obligation under WWRP is in perpetuity and RCO therefore has a responsibility to review site uses, proposed development, and inspect the property. Please remember that this determination may change depending on the maintenance, function, condition and public usability of the river access site. Additionally, know that future proposaistc h6riges to the grant funded property will be evaluated independent of this determination. If you have further questions please contact Adam Cole at 360-902-3084, iDr adam.cole@rco:wa.gov. Sincerely, Rachael Langen Deputy Director cc: Adam Cole Marguerite Austin Enclosed: Cedar River Access Facili Management Plan (Seattle Public Utilities July 30"' 2008) Recreation and Conservation Funding Board • Salmon Recovery Funding Board • Washington Biodiversity Council e Washington Invasive Species Council • Forum on Monhodrtig Salmon Recovery and Watershed Health l / DRIVEWAY CONTROL POMr 02 N 178A70.01 f WATER =L AT n.r CONTROI. POINT /J 40 / RA : E 1�6271d:aT,nr,. ApP3.pX. NEW CONC SDNALK , - GS R— t/` I �fuNl7 of w0PN / ANO COLIHFNs �.� ('- ! uI.> PMET.S `.••- EMMNC REXNING WALL cc _ I W51.V.C4PON WVR1t -'NOT IN CONIRACr _ _ C 130271I.11 u f cs7/IRp( RPNT /5 - J'� I OANK-R> W;N WA`ER EL. 31.4 2 CONiR01- PdNi %1 w.ts N 1'lg2M.89 - I l I� _ l W TEN LV&E 29.6 Al NYL OF Sl�fiYFY /6261.47 ..T iJ02S17 Id F�^ iR 20 D' � -. 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TOPR;RAAMY �cc 1 "� I f \ Jt li i (NOT WRYEVEO' l'C s, °° go -- - �:_�� "re _ o ��d.�� nd hd rs •�s5' :�� ' •' /�.\ ZP PLANT LEGEND: TREES F'T PQPLILUS T9fCF ^(,e RRA / ELA.Ie, GOT'UNW':.CG 7C 5 GAI. q I,a cc •��_-' P� PIGfA SITCHENSIS / S1-KA SPRUCE5 5 CAL. � `.` �`'f'-"1:\ --� yI � �- FPh aSEU 6CTSU Gn MEh 71F.5: / DOU:i_AS Fla II g GAL.-.4`\"'�"� f �,�'}��_� ' - ��`\'•-� ��,�\\ -,.r i�� _ a �T ` { T? 1\ TRL•JA PLICATA / v,E5TER14 iZD CECA2 ! F'V Ind . ` _ r ,' f TIP •ac 4CER CIR1,"JNATUM / MNE MAPLE 47 2 GA-, f� _ _ I �+� -^d ' AMELANCH{ER 4�NIF0-IA / SERVCBEPRY 0 2 CAS w c s r. _ - 4�, �s rAp CCRNUS SFRICEPA JccWC•OD 20 2 CAL. `J _.- A�. f .�I f J f) /cc hI CCRYLUS CORNUTA 3=AXED HAZE,,NUT 25 2 GAL. v Q Q "' .0,It r� 4-�. ci HQiaEICU5 DISCOLDR / CCE An$P7Ar 42 ? CAG l } - .- 1 Q �'� '/ F} hd LDNICEVA Ih VOCUCRATA / tW7h$ERR" 26 2 AL —_��-J �• A lA `� F',E yra` t �� $YMPH DRICAR>-0$ ALBUS / SN O'NBERRY 4E 2 ';;AL. ' -� o he 1 RI=_5 5ANSIJIVEJM / RED rLC+rka VG CURRANT 3r 2 GAL h1 � L_ APPROIC PR°PLRT, `s51 $ALIX SII'CHENS'S / SITKA WILLOW 5 2 CAL- FRAGAaIA CHILOENSS / SAND S""fRAWBERRY T3fi a" P a 24UC POL Y STICI LLM MUMIUM / S&ORC FERN ' 36 4 Q-c ' -- _ _- -- FLAY' IN SNrrJ�-SPF LIES ___ GRC,UPS OF 7-$2 PRO-T.ME B40 NATIVE 1`3M-FI:_T-R_5L:= MIx ELVL+JS CLAALCUS / SL�IE W=DR r_ 4?9. SEED AT A PAT_ FES-UCA RUF7RA FrJBRA RED• FESCUE 40% DF I LB PER DC SCiikvA-SIA CAESPITUSA / IIIET_0 HAIR3RASS 107 1000 S,F CLYCERIA GGC•CWAILy % 4ESTEPv As4vrJA;RASS 29, APPP-•: l d^ L3 BE if�IV.AJV VIA 5.2IGACHt.E /- AMERICrN 'iIOL,>4CRASS I9 Las NEE7ED PERMIT SET SITE REVEGETATION MPACTS AND MITIGATION SET APPRO440 rf}A xovERnslRc ,,,. cx .+*xs +rro wrr '"'Tus ."o WE / aHJe City of Seattle 4 r, C1 D0032 w:lfkr Th NA(x Mfo. E TETRA TECH .Ile .�anA.nls Evy•Z a CxEa F CYvnsra.THn eK .c. `_ as nn1 ( F !J Au61i° ChuckCl2IW.Modor CEDAR RIVER 142p RIh Ava e,S.m80p Lvnvu P[ae«o- 4'AT A h:L :.:� .� . s[arnr wAs aerw a, .�� urrrrlrs ACCESS FACILITY $xalllq, 'Nesh,nplon BID! COMC"rN}' '^' ..� u -ee ac.s .n. .�.o..t zossa3-ea[,c in 206-Ba9.49Cr Iar.,,. c'p..,r„ 776^237 ur 22 EXHIBIT AS ECAS RIv£R _—SUFFER IMPACT /- OVIW CS'.A1kD BASED ON ARIA "C SF V ' VI F`ER £NHA&NEN7 ll ` AREA 700 SF TENP^RARY SUUER kMPACT AREA :10 BE REYEEOED] 2-NI SE IMPAGI AREA a6% SE ENHANCEMENT AREA 700 SF f1 y_ 711 �\ cfv�, AP R- LEGEND I Ty 3NE ��a ''- —�_- -• — H-- l �� PERMANENT BUFFER IMPACT 717 SF ~_1 TEI.+POAARY BUFFER IMPACT 231 SF B,: FFER MITiGATIGN AREA I,400 SF - _ q�_— --. ` �,, WEED REMCVAL ZONE ADJACENT TO �: J W71GATICN AREA (D Eli S-ING TREr TREE Tp X!STING BE REMOVED (t. 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War uG - _lpp ualxn .50=0, 4m.y'A: Bd1C1 !'iJ1.4PAM' MSASY+»7-.7MIN34501 lc „c, y O,,,Tr. auclAsc_ _;F .cwco .. / � .c , . — .. , . — 778-237 -C[T 14 K 22 � Z*.— .�..�.�,. EXHIBIT City of Renton PUBLIC Department of Community & Economic Development HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST: Public Hearing Date: August 12, 2008 Project Name: SPU Broodstock Facility/Cedar River Access Facility Owner for parcel City of Renton #1723059014: 1055 S Grady Way Renton. WA 98055 Owner for parcel Washington State Department of Transportation #1723059179: 15700 Dayton Ave. N Shoreline. WA 98133 Applicant: Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 Contact: Charles Madden Seattle Public Utilities P.Q. Box 34018 Seattle, WA 98124 File Number: LUA08-018, SA-H, CU-H, V- Project Manager. Vanessa Dolbee, Associate H, SM Planner Project Description. An application has been submitted by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Conditional Use, and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The applicant has also applied for a Hearing Examiner Variance from RMC 4-4-130D.2.a for the removal of five trees within a Shoreline of the State. The site would be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable weir spanning the width of the river, salmon collection traps and an access driveway from Narco Road to the edge of the Cedar River. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. The collection site would require construction of an access road and loading area within a designated Shoreline of the State. Construction of the road would require approximately 3W and removal 5 trees within a critical area, for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. Project Location: South bank of the Cedar River at river mile 1.7, immediately upstream of the 1-405 bridge. City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CUA V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 2 of 23 SITE LOCATION MAP Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 1Z 2008 Page 3 of 23 B. EXHIBITS: Exhibit 1: Project file ("yellow file") containing the application, reports, staff comments, and other material pertinent to the review of the project. Exhibit 2: Zoning Map sheet F4 west'/2 (dated 7/15/08) Exhibit 3: Comprehensive Plan Land Use Map Exhibit 4: Project Vicinity Map, Index, Legend, Project Misc. Information, Survey Datum Block (Sheet G1) Exhibit 5: Existing Conditions/Topography (Sheet G2) Exhibit 6: Demolition Plan (Sheet G3) Exhibit 7: Erosion Control Plan (Sheet G4) Exhibit 8: Erosion Control Details (Sheet G5) Exhibit 9: Tree Inventory Plan (Sheet G6) Exhibit 10: Site Layout Plan "during construction" (Sheet Cl) Exhibit 11: Site Grading Plan (Sheet C2) Exhibit 12: Civil Details (Sheet C3) Exhibit 13: Access Road Plan and Profile (Sheet C4) Exhibit 14: Utility Plan (Sheet C5) Exhibit 15: Kiosk and Interpretive Sign Details (Sheet C6) Exhibit 16. Limit of Work (Sheet 1-1) Exhibit 17. Buffer Mitigation Layout (Sheet 1-2) Exhibit 18: Site Revegetation (Sheet 1-3) Exhibit 19: Revegetation Notes and Details (Sheet 1-4) Exhibit 20: Electrical Plan (Sheet El) Exhibit 21: Electrical Details (Sheet E2) Exhibit 22: Electrical Details & Fixture Schedule (Sheet E3) Exhibit 23: Figure 1: Site Layout Plan Exhibit 24: Colored Display Map (site plan) Exhibit 25: Luminaire Schematic Exhibit 26: Archaeological surface survey transects and shovel probe locations Exhibit 27: Tri-Park Master Plan, Site Plan Exhibit 28: Cedar River Park, view before broodstock facility Exhibit 29: Cedar River Park, photographic simulation after broodstock facility Exhibit 30: Critical Areas: Steep Slopes and Access Road Exhibit 31: FEIS Alternative's Location Map (Figure S-1) Exhibit 32: FEIS Alternative Broodstock Collection Sites, Vicinity Map (Figure 1-2) Exhibit 33: FEIS Broodstock Collection Facilities 1-405 Bridge Site (alternative) Exhibit 34: FEIS Broodstock Collection, Holding and Spawning Facilities, 1-405 Bridge Site (alternative) Exhibit 36: FEIS photographic simulation of weir in river at the 1-405 site Exhibit 37: Landsburg Mitigation Agreement for the Fish Migration Barrier at the Landsburg Diversion Dam C. GENERAL INFORMATION: Owners of Record: 2. Zoning Designation 3. Comprehensive Plant Land Use Designation: 4. Existing Site Use: Broodstock_hexrpt 08-018 (with changes) City of Renton State of Washington, DOI 1055 S Grady Way 15700 Dayton Ave. N Renton, WA 98057 Shoreline, WA 98133 Resource Conservation (RC) and Commercial/Office/Residential (COR) Residential Low Density and Commercial/Office/Residential Cedar River Trail and Vacant City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2006 Page 4 of 23 5. Neighborhood Characteristics: North: Renton Community Center, Commercial/Office/Residential (COR) zoning, Interstate 405, Cedar River (Class 1 stream) East: Cedar River, Renton Community Center (COR) South: Cedar River Trail, Resource Conservation (RC) zoning West: Interstate 405, and Cedar River Trail pedestrian bridge. 6. Access: Would be via Narco Road on the south side of the Cedar River. 7. Site Area: 11,450 square feet 8. Project Data: Area Comments Existing Building Area: NIA Vacant New Building Area: NIA No new buildings are proposed, a portable trailer and smaller storage trailer would be placed temporarily. Total Building Area: NIA An access roadway less then 4,000 square feet is proposed to be constructed from concrete, and pervious concert pavement. D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Annexation NIA 738 03/17/1925 Comprehensive Plan NIA 5099 11/01/2004 Zoning NIA 4404 06/07/93 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards Section 4-2-120: Commercial Development Standards 2. Chapter 3 Environmental Regulations Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations Section 4-4-080: Parking, Loading and Driveway Regulations 4. Chapter 6 Streets and Utility Standards 5. Chapter 9 Procedures and Review Criteria 6. Chapter 17 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Parks, Recreation, Open Space, & Trails Element 3. Environmental Element Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility _ LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 5 of 23 G. DEPARTMENT ANALYSIS: The proposed Cedar River Broodstock Collection Facility would be located at approximately River Mile 1.7, immediately up stream of 1-405. The project would be developed in an area on the south bank of the Cedar River across from Cedar River Park and the Renton Community Center (Exhibit 24). The size of the area to be utilized by this project consists of approximately 025 acres. The Broodstock Facility would be located in the Cedar River and on two additional parcels. Parcel No. 172305917 is owned by the Washington State Department of Transportation (WSDOT) and Parcel No. 1723059014 is owned by to the City of Renton. The City of Renton's parcel is zoned Commercial/Office/Residential (COR) and WSDOT's parcel is zoned Resource Conservation (RC). This report includes analysis of the Site Plan Review, Conditional Use, and Variance Criteria. It is important to note that there are additional interest groups as a part of this proposal due public financial funding for parcels included in the project_ Background The Cedar River is SPU's major water supply source, supplying nearly two-thirds of the water delivered to the Seattle service area. In May 2000, Seattle along with State and Federal agencies adopted the Cedar River Habitat Conservation Plan (Cedar HCP), which sets forth a 50-year comprehensive program for managing the Cedar River watershed to protect and enhance habitat for threatened and endangered species. Subsequently, Seattle obtained Incidental Take Permits, from the U.S. Fish and Wildlife Service and National Marine Fisheries Service, for its water supply and related activities in the Cedar River watershed_ The Cedar HCP called for several specific actions to address impacts to fish resulting from Seattle's water supply intake and diversion dam created at Landsburg. One of which included a Cedar River Sockeye Hatchery Project capable of producing up to 34 million sockeye fry. In order for the Hatchery to meet its goal of 34 million fry, SPU has proposed the subject broodstock facility. In addition, the applicant has stated, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, SPU has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam (Exhibit 37). One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period to the end of the sockeye run (approximately mid -December). A Final Environment Impact Statement (FEIS) was prepared for the Cedar River Sockeye Hatchery Project and associated facilities in 2003. The FEIS analyzes the potential project - specific environmental effects of construction and operating a sockeye hatchery on the Cedar River. The portion of the FEIS that pertains to the broodstock facility includes four site alternatives for the collection of adult fish for spawning, including two sub -alternatives at each site and three alternatives for the weir designs. The four alternative sites that were evaluated as part of the FEES are as follows: the existing broodstock collection site at river mile 6.5; the Elliott Bridge site located at river mile 5.3; SPU right-of-way site at river mile 3.4; and the 1-405 site located at river mile 1.7 (Exhibit 31 & 32). The location at 1-405 was carefully chosen after technical studies and the FEIS determining this site as the best location (Exhibit 33 & 34). This location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that is representative of the entire sockeye salmon population (Exhibit 36). The weir design chosen has been used in other areas and has been successful at withstanding higher fall flows (Exhibit 35). The proposed system is capable of withstanding these flow levels because of its flexibility and ability to submerge during periods of very high flows. Broodstockhexrpt 08-018 (with changes) City of Renton Department of Community 8 Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Fac0ity LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 6 of 23 The adequacy of the FEIS was appealed to the Seattle Hearing Examiner. In response to the Hearing Examiner's decision, SPU issued a Supplemental EIS (SEIS) in July 2005. The adequacy of the SEIS was also appealed to the Seattle Hearing Examiner. On December 13, 2005, the Seattle Hearing Examiner issued a decision that the SEIS was adequate. The decision was appealed to the King County Superior Court, who also held that the SEIS was adequate in 2006. The King County decision was then appealed to the Washington State Court of Appeals and it was again deemed adequate in 2007. The Washington State Court of Appeals decision was appealed to the Washington State Supreme Court, who denied the appellant's petition to hear the case. Once the appellant's petition was not heard by the Supreme Court, SEPA was deemed complete. There have been no challenges to the broodstock collection facility alternatives. Parcel No. 1723059014 was purchased by the City of Renton with the following funding sources: Washington Wildlife and Recreation Program grant funds administered by the Resource and Conservation Office (RCO); 1989 King County Open Space Bond Issue Funds; King County Conservation Futures 1993 Regional Projects grant funding; and King County Conservation Futures 1993 Suburban Project grant funding. The Cedar River Trail was developed with Federal ISTEA and State WWRP grant monies. The RCO funds were granted with a requirement that the property would be used for recreational purposes. In order to verify that the Broodstock Facility would not be considered a "conversion of property' by the RCO; Seattle Public Utilities (SPU) together with the City of Renton submitted the project proposal including a project management plan and plan set to the RCO on July 3, 2008. The RCO is anticipated to make a determination in regards to "property conversion" buy August 7, 2008. The decision made by the RCO would be based upon the management plan SPU submitted on July 3, 2008. As to elevate any conflicts of interest that may be anticipate between RCO, City of Renton and SPU as to the perceived management and function of the site, staff recommends as a condition of approval that SPU adhere to the provided Cedar River Access Facility Management Plan, dated Je 0 30, 2008. Staff anticipates the submission of supplemental information as to the result of RCO's decision at the Hearing. Site & Surrounding Area Description The project site is located on the south bank of the Cedar River (A Class 1 Shoreline of the State) directly across from the Renton Community Center. The subject site is currently vacant and consists of sloped areas and a benched area just above the river (Exhibit 5). The existing vegetation consists of (native plants) Red -Osier Dogwood, Bigleaf Maple, Sitka willow, Sweet gale, Horsetail, Black cottonwood and Red alder; and invasive plants Japanese knotweed, ivy, and Himalayan blackberry. There is currently no access to the rivers edge, although during the summer months recreational ists bushwhack their way to the rivers edge at this point along the Cedar River Trail. To the north of the project site is the Renton Community Center and Renton's Cedar River Park, which is used for recreational activities, community sponsored events, weddings, dog trials etc. The site consists of a large community center building, paved pedestrian paths, landscaped lawn areas and access to the Cedar River via a man made cove. The cove was created with a retaining wall system that extends the length of the site immediately adjacent to the Cedar River. To the south of the subject site is the Cedar River Trail and the Narco site. This area consists of: a small informal gravel parking area; access to the Cedar River Trail; and a large grass field. The area is primarily used for walking, biking, roller blading, etc. To the west is Interstate 405 and a pedestrian bridge, both cross the Cedar River. To the east, there is undeveloped shoreline of the Cedar River and the continuation of the Cedar River Trail. The subject area and surrounding areas (Liberty Park, Cedar River Park, and Narco Site) are a part of the Tri-Park Master Plan, adopted by Renton City Council in 2006 (Exhibit 27). The site is located on two parcels one of which is designated Commercial/Office/Residential on the Comprehensive Plan Land Use Map and is zoned Commercial/Office/Residential (COR). The second parcel is designated Residential Low Density on the Comprehensive Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 7 of 23 Land Use Map and is zoned Resource Conservation (RC) (Exhibit 2 & 3). The majority of the subject project is located within the COR zone therefore, the following Site Plan Review, Conditional Use Permit and Variance would be evaluated under the COR zoning designation. The broodstock facility is intended to be operated and maintained by SPU. Broodstock collection would be in operation from mid -September to mid -December and would be designed as a temporary facility. During the remaining part of the year (mid -December though mid -September) all associated equipment would be removed from the site including the weir, staff trailer, and storage trailer. The access drive to the river would remain for public river access; this drive would be a designated access point for non -motorized watercraft, such as kayaks, canoes, inner tubes and air mattresses. Seattle Public Utilities' Broodstock Facility would be located within a City of Renton public park; as such, Staff recommends as a condition of approval that a Memorandum of Agreement (MOA) between the City of Renton and SPU is created, to ensure proper management and use of City property by SPU. Project Description The proposed project would a seasonal access point and an area to operate a temporary weir/trap in the Cedar River to collect adult sockeye salmon for the existing hatchery facilities at Landsburg (Exhibit 23). In addition to the access point and the weir/trap, the applicant is proposing a ramp area, utilities (water and electricity), pathway improvements, interpretive signs, a kiosk, lighting, two temporary trailers, and a viewing area above the weir location. The "viewing area" would be located on the north bank of the Cedar River (parcel #1723059013) in the Cedar River Park. The access area is to be used for operating a temporary weir in the Cedar River from mid -September through December to reach the target amount of salmon eggs for the hatchery and maintain public access wile weir operation is in progress. The weir is a flexible picket structure that would span the width of the Cedar River. The pickets and spacers are made of plastic and are built in 2-fbe = by 20-foot panel sections. The bottom of these panels are secured to the river bed by hooking to a cable that runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets; that are connected to a metal base. The metal base is secured to the bottom of the river with pins and small cables to duckbill anchors upstream. The metal plate would be left in place from year to year but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December. One er two ® would be used to intercept sockeye. These ® traps would be made of aluminum pickets and be approximately 6 feet by 12 feet in size_ They would be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up closer to shore as flows increase_ The traps ® would have the ability to be opened to permit volitional passage of salmon, since most of the sockeye and all Chinook and Coho would pass the collection site. The hatchery would need to trap up to 20,000 sockeye, depending on run size, broodstock collection would be less then 50% of the sockeye run. Specific protocols for passing Chinook would be in place for avoiding delay or causing redistribution of spawning sites. A safety cable would span the river and be installed to provide employee security when working during high flow conditions. The cable would be high enough off the water to avoid being a hazard to boaters. This would also be removed at the end of the sockeye collection operations in December_ The ramp area would allow for removal of salmon from the traps and into a hauling truck. The hauling truck would transport sockeye from the subject location to the existing hatchery at Landsburg. At times, a boom truck may be used to facilitate trap handling. The ramp would also be used for launching small watercraft and would provide safe access to the Cedar River for the public (Exhibit 13). Broodstock_hexrpt W018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPUBroodstockFacility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 8 of 23 During broodstock collection and weir operation, (mid -September to mid -December) personnel would be on site 7 days a week, 24 hours a day. To accommodate personnel, two portable trailers are purposed to be situated in the gravel area between Narco Road and the Cedar River. A larger 28-foot long trailer is proposed for living facilities and a smaller 12- foot storage trailer would be placed adjacent to the living quarters trailer for storage of equipment, clothing, refuse and recycling receptacles. Electricity for lighting and pumps would be provided along with a small 3/4 inch water line to provided potable water to the upper portion of the project site (Exhibit 14 & 20-22). The temporary trailer would also hook up to the water and electricity. A lighting system is proposed to meet the functional and safety requirements of the round-the-clock demands of fish collection. This system would be on a separate circuit, to be activated only during fish collection operations_ SPU would also provided information signage on the Community Center side of the river (north bank) to help inform interested persons about salmon in the Cedar River and about the sockeye hatchery program. Also proposed is a kiosk that would be placed on the project side of the Cedar River adjacent to the Cedar River Trail to provide additional information and public outreach (Exhibit 15). During broodstock collection operations would occur from approximately 7:30 a.m_ to 5:00 p.m. where a maximum of four people would sort fish from the trap into holding pens in the river. One to three times per day, fish would be moved to the transportation truck that would be located on the proposed ramp_ Moving fish to the truck would be done by hand in soft fish tubes or mechanically. To mechanically transfer fish a boom truck would be required, this truck could lift the fish in a container and swing them over the transport tuck and pour the fish into the truck through a pipe. Once the truck is loaded, it and two to three people would leave the site to take the fish to the Cedar River Sockeye Hatchery at Landsburg. At least one person would remain at the weir site. The number of trips the fish transport truck would make each day would depend on the number of fish available, the number of fish already collected, staffing limitations, and other activities. The maximum number of round trips in a day is not expected to exceed faur three trips. SPU's goal is to collect enough fish through operations Monday through Friday, that there would be no fish hauling on Saturdays and Sundays. This would depend on the trapping success of the new weir. During some flow situations, a boat would be used to remove material from the weir. The boat would not be motorized and would be kept off site until water conditions require its use. When located on site and not in use, the boat would be secured in or on a temporary trailer. 2. ENVIRONMENTAL REVIEW A SEPA Determination of Significance was issued by the Seattle Public Utilities. A Final Environmental Impact Statement (FEIS) was issued on March 20, 2003 and a Supplemental Environmental Impact Statement (SEIS) was issued July 2005. Broodstock collection sites and weir designs were included within the FEIS. The adequacy of the FEIS and SEIS were appealed on five different occasions (as mentioned on page 5 of this report). As of June 2, 2008 the Washington State Supreme Court upheld the SEPA and FEIS documents, as such, the SEPNEIS documents were deemed complete on March 20, 2003. Because of the nature and location of the proposed project, staff reviewed the impacts of the proposed project on critical areas_ Critical Areas Staff's review of the project site identified six critical areas; A Class 1 stream, Fish and Wildlife Habitat, Steep Slopes, Seismic Hazard Area, Flood Hazard Area, and Aquifer Protection Zone 1. The aforementioned FEIS assessed environmental impacts including but not limited to Fish and Wildlife Habitat and the projects effects on the Cedar River. In addition to the FEIS, the applicants provided an additional Standard Stream Study and Hydraulic Analysis of the potential effects of a resistance board weir on Cedar River water Broodstock_hexrpt08-018(with changes) City of Renton Department of Community 8 Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 9 of 23 surface elevations (WSELs), as well as geomorphic analysis of the potential for erosion and scour at the weir during high flows. The Stream Study and Hydraulic Analysis were prepared by Tetra Tech, dated October 31, 2007 and September 26, 2007 respectively. Shannon and Wilson Inc. also provide an additional geotechnical report, dated May 13, 2008, specifically addressing the boat tether cable that is proposed to be mounted behind the existing retaining wall on the north bank of the Cedar River. Adverse impacts to Chinook and other fish species are likely to be avoided or minimized through monitoring and modifying weir operations over time. This has been done successfully at the existing weir at Cavanaugh Pond near the Landsburg site though operational protocols. The applicants are modifying the protocols for the proposed weir site in Renton, though consultation with the Cedar River Anadromous Fish Committee, including federal, tribal, and state fish management agencies. The act of "broodstock collection" would remove fish from the Cedar River and place them in the hatchery at Landsburg resulting in a reduction of fish within the Cedar River. The City of Renton has created a salmon spawning channel upstream of the proposed broodstock facility as mitigation for their Hydraulic Permit Approval #G1503-1 _ In order for the City of Renton to meet their mitigation requirements of the subject HPA a specific number of salmon (based on run size) are required to spawn with in the spawning channel each year. Because fish behavior is variable and the proposed project may have effect on salmon behavior, specifically spawning, and number of fish to reach the spawning channel; staff recommends as a condition of approval that prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife and the City of Renton shall be achieved as to resolve the concerns of SPU's broodstock facility on the City's ability to meet the requirements of the HPA. The subject site is located within and along side a Class 1 Stream, the Cedar River, at river mile 1.7_ The City of Renton's Shoreline Master Program has designated the subject section of the Cedar River (river mile 1.7) as Urban Shoreline Environment. Pursuant to RMC 4-3- 090J the Objective of the Urban Environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. The Shoreline Master Program has also given priority to planning for public visual and physical access to water in the Urban Environment and encourages enhancement of the waterfront. To ensure maximum public use, the Shoreline Master Program requires, industrial and commercial facilities to be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to nonmoterized transportation routes such as bicycle and hiking paths. The proposed broodstock facility and associated access road would provide unobstructed public access to the shoreline from mid -December to mid -September. When fish collection is in progress at the subject site (mid -September to mid -December) to the site a provision would be made to continue public access with minimal obstruction. In addition, the proposed access road is located adjacent to the Cedar River Trail, a non -motorized transportation route. The broodstock facility and associated access road meets the objectives and priorities expressed within the Shoreline Master Program Urban Environment. The proposed access road would be constructed up to the ordinary high water mark of the Cedar River but not beyond, the weir would be placed within the river. The applicant has applied for a Substantial Shoreline Development Permit for the work within the Cedar River. Renton's Shoreline Master Program does not have a specific buffer for a Class 1 stream; as such, the work up to the ordinary high water mark is not within a stream buffer area. Although, the project would permanently impact 717 square feet of priority habitat area of riparian vegetation within 25 feet of the ordinary high water mark of a Shoreline of the State. The applicants have proposed a mitigation plan to compensate for the permanent impact; which includes the enhancement of approximately 1,400 square feet of adjacent area. Non- native vegetation would be removed from the understory and replaced with a mix of native trees and shrubs. To minimize encroachment of invasive species from the surrounding areas; the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 10 of 23 with native trees, shrubs and groundcover. To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan (Exhibit 17-19). The FEMA Flood Insurance Rate Maps indicate that the subject site is within a 100-year Flood Hazard Area. The applicant provided a Hydraulic Analysis of the potential effects of the weir on the Cedar River at the subject location. The weir is a lightweight temporary structure that can be easily damaged by high flows. Therefore, the weir would be lowered when flows exceed a target flow of 1,500 cubic feet per second (cfs). The Hydraulic Analysis indicated the operation plan for the weir would be to remove the weir from the river, when large flood events are anticipated. This protocol would ensure that the weir is not damaged and there would be no impedance to the river that might exacerbate flood elevations. The maximum weir elevation examined in the hydraulic analysis is the elevation that occurs at a flow of 1,500 efs. However, Tetra Tech expressed that there is no explicit modeling method for computing the head loss through a resistance -board weir. Therefore, they used three different modeling methods to determine the water surface elevations (WSELs). Based on the results of several analytical approaches the expected rise of WSELs due to the weir, is no more then 0.4 feet in the vicinity of the weir for low flows and would likely be less then 0.4 feet at high flows, when the weir is unlikely to have much if any effect. With regard to concerns about the weirs effects on erosion and/or scour of the river bed and/or banks, Tetra Tech provide a Geomorphic Analysis using empirical evidence from Alaska and California, where similar projects exist. The conclusion of this analysis indicates that no major scour has ever been observed during the operation of the weirs in California or Alaska_ The applicant is proposing to closely monitor the geomorphic conditions in the river during operations of the weir. If needed, the substrate rail can be removed at the end of the fishing season or in the event of a major flood to eliminate the potential for scour. The Geologic Hazards include sensitive and protected slopes and seismic hazards. The proposed access road would start at Narco Road and cross the Cedar River Trail at the front edge of a terrace above the river, and then curve down the terrace slope to a lower terrace that is within the active flood plain of the river. This access road to the Cedar River would require some grading work, the estimated cut material is 3W ® cubic yards (Exhibit 11). Pursuant to the proposed grading plan, the access road would not be within the area of protected slopes (slopes with a grade of 40 percent or greater) (Exhibit 30). The applicants have proposed an erosion control plan to protect the Cedar River and provide erosion and sediment control (Exhibit 7 & 8). The plan includes such erosion control measures as silt fence installation, Bio-Bag and clearly marked boundaries to minimize accidental intrusion into the fish and wildlife habitat area during construction (Exhibit 16). It is anticipated that access road construction activities may cause slope instability and/or erosion. In the event that construction activities do result in slope instability and/or erosion, staff recommends as a condition of approval that the applicant provide a slope enhancement and restoration plan including maintenance and monitoring. The subject site is located in area of known archeological significance. Prehistoric use of and habitation near the mouth of the Cedar River Valley has been documented by previously investigated site in the vicinity of the project area_ The applicants provided a "Cultural Resources Assessment for the Cedar River Sockeye Broodstock Site" prepared for Seattle Public Utilities, by .Jana L. Boersema, of Cascadia Archaeology, Seattle, WA. The cultural resource survey of the project area included a pedestrian surface survey of the proposed access road and where possible, the perimeter of the limit of work (Exhibit 26). No prehistoric cultural material was observed in the survey although, a number of historic objectswere observed on the surface and in shovel probes through out the project area_ These objects were generally insignificant fragments of metal, glass, coal, and brick and cement rubble. The report concluded it would be unlikely that construction of the road would cause disturbance to intact deposits containing significant prehistoric or historic cultural material. However, uncovering previously unrecognized cultural material during construction activities is still a possibility; as such, staff recommends as a condition of approval if any Native American grave(s) or archaeological/cultural resources are found all construction activity shall stop and the developer shall notify appropriate local and state agencies. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner _5Py Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 11 of23 The subject site is vacant land that is primarily vegetated with native and invasive plants and shrubs, and Black Cottonwood tree species. Within the project vicinity approximately 14 trees of 6-inch caliper or greater exist (Exhibit 9). The project would require the removal of 5 trees, three of which are within 25 feet of the Cedar River (two red alders, 7-inch and 10-inch caliper, two poplar, 18-inch diameter and one 12-inch big leaf maple). All the trees proposed to be removed are within the riparian shoreline area of the Cedar River. All trees proposed to be retained would be protected during construction with fencing and signage. SPU is proposing to replace all five trees at a ratio of 2:1. The proposed mitigation and enhancement plan proposes the planting of 29 new trees, 8 of which are Black Cottonwood, 3 Sitka Spruce, 8 Douglas Fir, and 10 Western Red Cedar. 3. COMPLIANCE WITH ERC MITIGATION MEASURES NIA 4. STAFF REVIEW COMMENTS Representatives from various city departments have reviewed the application materials to identify and address site plan issues from 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 the report. 5. CONSISTENCY WITH SITE PLAN CRITERIA: Pursuant to RMC 4-9-200.E, "The Reviewing Official shall review and act upon site plans based upon comprehensive planning considerations and the following criteria. These criteria are objectives of good site plans to be aimed for in development within the City of Renton. However, strict compliance with any one or more particular criterion may not be necessary or reasonable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to be inflexible standards or to discourage creativity and innovation." The site plan review criteria include, but are not limited to, the following: (a) Conformance with the Comprehensive Plan. The subject site is designated Commercial/Off ice/Residential (COR) on the Comprehensive Plan Land Use map. The COR designation provides opportunities for large-scale office, commercial, retail, and multi- family projects developed through a master plan and site plan process incorporating significant site amenities and/or gateway features. The proposed project would not be consistent with the COR Comprehensive Plan Land Use designation. Due to the use of grant monies to purchase the subject property, its potential for development has been restricted to recreational uses. The subject site is also incorporated into the Tri-Parks Master Plan, adopted by the City Council September 25, 2006. The COR designation does not address park properties within its purpose statement resulting in non-compliance with the Comprehensive Plan. In addition, the size and shape of the property does not provide a site conducive to large-scale office, commercial, retail, and/or multi -family development. Therefore, staff has found that any development proposed on the site would not comply with the Comprehensive Plan designation. The site being used as a broodstock facility and Cedar River access point would be the most accommodating use of the site with regard to policy. The flowing Comprehensive Plan Policies and Objectives do apply to the subject project: Objective EN-C: Protect and enhance the City's rivers, major and minor creeks and intermittent stream courses. /Policy Objective Met ❑ Not Met Policy EN-5: Degraded channels and banks should be rehabilitated by public programs and new development_ Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Nearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, tl--H, SM PUBLIC HEARING DATE August 1Z 2008 Page 12 of 23 ✓Policy Objective Met ❑ Not Met Objective EN-K: Protect and enhance wildlife habitat throughout the City. ✓Policy Objective Met ❑ Not Met Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. ✓Policy Objective Met F� Not Met Policy P-3: Develop a variety of active and passive facilities in a coordinated system of neighborhood and community parks. ✓Policy Objective Met ❑ Not Met Policy P-52: Multiple uses of public open space should be provided. Interconnect the open space network. Include lands such as active and passive parks, schools, public open space, trails, private open spaces and native vegetation easements with public access easements, utility rights -of -way, waterways, and unusual open spaces (areas of protected habitat). ✓Policy Objective Met ❑ Not Met Policy P-55: Where feasible, encourage educational opportunities in public open space areas. ✓Policy Objective Met ❑ Not Met Pal icy P-104: Provide nature interpretation programs to increase awareness, understanding and appreciation of Renton's wildlife and natural resource areas. ✓Policy Objective Met ❑ Not Met (b) Conformance with Zoning Regulations. The proposed broodstock collection facility and Cedar River access point is located within the Commercial/Office/Residential (COR) zoning designation and the Resource Conservation (RC) zoning designation. The majority of the project is within the COR zone except a small portion of the access drive and the temporary staging area for the broodstock collection staff. The purpose of the COR zone 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. It is intended to implement the Commercial/Office/Residential Land Use Comprehensive Plan designation. 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 purpose of the RC zone is to provide a very low -density residential zone that endeavors to provide some residential use of lands characterized by extensive critical areas or lands with agricultural uses_ It is intended to impalement the Low Density Residential Comprehensive Plan designation, This zone promotes uses that are compatible with the functions and values of designated critical areas and allows for continued production of food and agricultural products. The COR zone did not specifically address the "use" broodstock facilities; as such, a Policy Decision was issued on April 28, 2008 by the Development Serviced Director, determining that broodstock facilities are similar in character to the definition of Natural Resource Extraction/Recovery (No appeals were filed for this determination). Therefore, a broodstock collection facility would be allowed in the COR zone subject to a Hearing Examiner Conditional Use Permit. The only portion of the project that is within the RC zoning designation is a small part of the access road and a staging area for the crew that would operate the broodstock facility. This has been determined to be considered and accessory use to the Natural Resources Extraction/Recovery that is allowed in the RC zone subject to a Hearing Examiner Conditional Use Permit. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LUA08-018, SA-H, CU-H, VA SM PUBLIC HEARING DATE August 12, 2008 Page 13 of 23 The applicant contends the proposed broodstock facility is intended to facilitate in the recovery of a natural resource (salmon) by providing a mechanism to enhance the population of the fish. Density — When development involves residential, the minimum density in the COR zone is 30 dwelling units per net acre and the maximum is 50 dwelling units per net acre. As the project does not contain a residential component, the development is not subject to the density limitations of the COR zone. Lot Coverage - The CDR zone allows building coverage to a maximum of 65% of the total lot area or 75% if parking is provided within the building or within a parking garage. As the project does not contain any permanent structures, the project would have a zero percent building coverage, which would comply with lot coverage requirements. Setbacks — The COR zone setback regulations are determined through site plan review. The subject application does not have any permanent structures to be setback from property lines; therefore, setbacks are not applicable to the subject proposal. Landscaping — The COR zone on -site landscaping regulations are determined through site plan review. The subject project does not propose any formal landscaping although; the applicants have proposed shoreline vegetation enhancement and restoration as part of a mitigation plan for the 717 square feet of permanently impacted shoreline habitat area and 231 square feet of temporarily impacted area. The 231 square foot temporarily impacted area is proposed to be reseeded, upon completion of construction. In addition, the mitigation proposal includes the enhancement of approximately 1,400 square feet of adjacent area; non-native vegetation would be removed from the understory (including Himalayan blackberry, Evergreen blackberry, Japanese knotweed, English ivy, English holly, Scotch broom, morning-glory and bittersweet nightshade) and replaced with a mix of native trees and shrubs. The proposed plantings include 39 trees, 533 shrubs and 8.5 pounds of seed. The proposed trees include 10 Black Cottonwood, 5 Sitka Spruce, 11 Douglas Fir and 13 Western Red Cedar. The shrubs include 47 Vine Maple, 13 Serviceberry, 20 Dogwood, 26 Beaked Hazelnut, 42 Oceanspray, 26 Twinberry, 46 Snowberry, 32 Red Flowering Currant, 9 Sitka Willow, 136 Sand Strawberry and 136 Sword Fern. The seed includes 47% Blue Wildrye, 40% Red Fescue, 10% Tufted Hairgrass, 2% Western Mannagrass and 1% American Sloughgrass. To minimize encroachment of invasive species from the surrounding areas the entire project limit of work would be cleared of invasive weeds and replanted with native species_ In total approximately 9,950 square feet of additional area would be restored with native trees, shrubs and groundcover. To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan. Staff recommends as a condition of approval that the applicant comply with the recommendations and five-year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages 1-1-1-5 of the provide permit set. Height — The COR zone permits a maximum building height of 10 stories and/or 125 feet. The subject application does not propose any permanent structures; therefore, height restrictions are not applicable to the subject proposal. Pedestrian Access — The COR zone pedestrian access regulations are determined through site plan review. The subject proposal allows for improved pedestrian access to the Cedar River where historically citizens have been using the site to access the river without a designated pathway. The improved access drive would preserve and enhance the native vegetation on the site in the shoreline area by providing an easy accessible path to the waters edge. The subject project is proposed to serve as pedestrian access point for the Cedar River in addition to an access point for SPU's broodstock collection facility. The access drive would provide safe and easy access to the Cedar River for foot traffic that is not currently available on the south side of the Cedar River. The access drive would be accessed by pedestrians via the Cedar River Trail, a regional pedestrian trail system. The access drive would also be utilized as a pedestrian access point for the launch of small non- Broodstock—hexrpt08-018(with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility _ LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 -- Page 14 of 23 motorized water craft such as row boats, kayaks, canoes, and inner tubes for recreational water activities in the Cedar River. The only vehicular access permitted on the subject drive would be the fish transport truck for SPU to move broodstock from the subject site to their Fish Hatchery at Landsburg, and possibly a hydraulic lift vehicle for transporting fish from the traps to the transport tuck. The public access point would not preclude pedestrians when the fish transport tuck is entering or leaving the access driveway. Parking/Circulation -- The parking regulations do not address parking requirements for "Natural Resource Extraction/Recovery' and/or outdoor recreational activities. The applicant has proposed to utilize the existing parking for Narco Park. Staff recommends approval of the proposed parking plan for the following reasons: The newly created access point to the Cedar River is an improvement to the existing facility and does not create a new use at the site therefore; the access point would not increase demand for parking. Second, the broodstock facility is a temporary facility that would be utilizing the Narco parking area for approximately three months (mid -September to mid - December). Broodstock collection would be in progress after the peak summer season (Memorial Day through Labor Day) for park use. As such, the demand on the existing parking lot would be less and therefore, sufficient parking space would be available. In addition, the Tri-Park Master Plan has indicated that Narco Park would expand its parking significantly in the future, as part of the plan to redevelop the park per the Master Plan. Expanding or requiring changes to the existing parking lot at this time may be inconsistent with the Tri-Park Master Plan and therefore, would have to be removed at a later date, increasing cost to the City_ The proposed access drive is across two parcels one of which is owed by WSDOT and the other is owned by the City of Renton. To ensure that SPU has permission to utilize the proposed access facility, staff recommends as a condition of approval that the applicant successfully obtain 0 access easements easement from WSI)OT aAd the City of Renton. (c) Mitigation of impacts to surrounding properties and uses. The potential impacts of the subject proposal to surrounding properties include visual impacts to the Renton Community Center and the activities that take place in the Cedar River Park. The visual impacts are proposed to be mitigated in the following manner: the applicant has proposed the smallest possible access drive to achieve their goal of broodstock collection, which results in the least amount of vegetation removal as possible (Exhibit 28 & 29). The applicant is preserving as many trees as possible along the south bank in addition they are providing additional plantings to mitigate for permanent impacts to the area (see criterion '(b)' above). To mitigate for the weir's visual impacts the applicants are proposing public outreach and education. This includes fixed interpretive and educational panels, two 2-foot by 3-foot freestanding panels along the river's right bank above the weir. Panel one would be entitled "Lifestyles of the Fish and Famous" addressing what is in the river (sockeye, Chinook, coho, steelhead, rainbow trout, suckers, cutthroat, and whitefish), when they are in the river, developmental phases in the river, diagram of life cycle of anadromouslfreshwater fish, and sockeye in the Cedar River. During broodstock collection (the only time the weir would be in the river) the above sign would be replaced with a interruptive sign addressing broodstock operation, hatchery, Muckleshoot Indian TribeI(VDFW co -managers of sockeye fishery, adaptive management, and sockeye life cycle. The second sign would be entitled "Born to be Wild: Native habitats and plants". This sign would include information on plant identification and specific animals they support, erosion control, riparian zones, how people can help salmon and native habitat at home_ In addition to the interpretive signs, SPU is also proposing an interpretive kiosk on the left bank overlooking the broodstock weir. The four - panel kiosk would include five main topics, with the last two installed on a rotating basis, depending on if the weir is in operation. The five topics are as follows: 1) Overview of the regional trail system, 2) Rules and Regulations, 3) History of land ownership and use, 4) Sockeye in the Cedar (seasonal sign posted during collection phase), and 5) Source to Sound and Faucet (posted when not collecting sockeye). Over time, the subject signs may Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner 5PU broodstock Facility LUA08-018, SA-H, CU-H, VA SM PUBLIC HEARING DATE August 12, 2008 Page 15 of 23 deteriorate and/or be vandalized and repair and maintenance would be needed. To ensure that the proposed educational outreach signs and kiosk remain in good repair, staff recommends as a condition of approval that SPU be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. (d) Mitigation of impacts of the proposed site plan to the site. The site plan would have impacts on a shoreline of the state as discussed above (in criterion `b'). A mitigation plan has been proposed including a five year maintenance and monitoring plan. Construction activities related to the initial development of the project would be required to utilize best management practices through code requirements for an approved Temporary Erosion and Sedimentation Control Plan (TESCP). This includes but is not limited to silt fencing, Bio-Bags and a Turbidity Curtain, (e) Conservation of area -wide property values. The proposed community access and broodstock collection would enhance what is a currently a vacant and unimproved site. The project is expected to conserve and potentially enhance area -wide property values, with the addition of a new pedestrian access point to the Cedar River. The shoreline enhancement/mitigation plan would remove invasive species from the project site, which is anticipated to improve the quality of the subject property resulting in increased property values. Moreover, the existing vacant site has indications of vagrants using the property as a 'Vesting place" in addition the site has been scattered with litter. The location of an access facility on this site would increase visibility and pedestrian activity keeping the area safer_ The mitigation proposal would clear the site of trash and during broodstock collection there would be staff members on site 24 hours a day 7 days a week, resulting in added security. (0 Safety and efciency of vehicle and pedestrian circulation. Ingress to the site is proposed from Narco Road on the south side of the Cedar River to the rivers edge by crossing the Cedar River Trail down the south bank of the Cedar River. The applicant has proposed to place removable bollards along the south side of the Cedar River Trail to prevent unauthorized vehicles from accessing the drive. The drivers of the fish transport tuck would yield to pedestrian traffic on the Cedar River Trail, which would ensure safe and efficient vehicular and pedestrian circulation. During construction of the access roadway, the Cedar River Trail would be temporally closed. The applicant has proposed to provide a pedestrian detour around the construction site with temporary asphalt and signage (Exhibit 10). Staff has determined the detour and signage would be satisfactory for pedestrians using the trail on a regular basis. Although, the City of Renton uses the Cedar River Trail for public sponsored events annually, some of which are Renton River Days and the Candy Cane Fun Run. In order to ensure construction of the access drive does not interfere with public sponsored events; staff recommend as a condition of approval that site construction be timed to not interfere with City sponsored public events planed along the subject portion of the Cedar River Trail. The weir would be placed within the Cedar River, which supports non -motorized boat traffics and moderate recreational use, especially in the summer months. A boat passage cap in the weir structure would allow for safe boat passage and other forms of non -motorized water craft movement over the top of the weir. The weir has many safety aspects inherent in its design for passing objects and not trapping surface objects and safety would be augmented with operational elements (monitoring, cleaning, etc.), buoys, safety lights, and warning signs. Signs for river users would be posted upriver at Riverview Park and along the riverbank between Riverview Park and the weir. The applicant indicated that throughout the season, the weir and its operation would be evaluated to identify potential risks and immediate action would be undertaken to eliminate or minimize those risks. In addition, there would be signage installed on the shore and around the weir warning the public of the dangers associated with walking on the weir. In addition, there are safety concerns for the proposed cable that is proposed to be seven feet above the ordinary high water mark (QHWM) of the Cedar River. During higher flows the seven foot clearance would be reduced causing safety issues to recreational boaters and kayakers who frequently use the river, specially during higher flows. Do to the number of Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATEAugust 1Z 2008 Page 16 of 23 safety concerns to pedestrians and recreational boaters, staff recommends as a condition of approval that a safety management plan be provided to the City of Renton for review and approval. (g) Provision of adequate light and air. The subject project does not propose any permanent structures. Do to the nature of the proposed project, staff expects the project site would provide for adequate light and air. The applicants submitted a lighting plan for the subject site that indicates three light poles would be provided on site. The first two are located along the south side of the access drive the third is located south of the ordinary high water mark of the Cedar River and west of the access drive. The third pole has two lights mounted; one to illuminate the access drive the other to illuminate the weir. The proposed lighting plan appears adequate to sufficiently light the area of work during periods of low light. In addition, the applicant provided a luminaire schematic (Exhibit 25) that indicates all proposed light fixtures would cast light within the property boundaries of the subject site; except for one of the proposed lights on pole number 3. This light would shine out into the Cedar River to illuminate the weir, as to aid the workers in clearing and/or cleaning the weir of debris at any time of day. This light would only be used when necessary in order to prevent adverse affects on aquatic life within the Cedar River. (h) Mitigation of noise, odors and other harmful or unhealthy conditions. It is anticipated that noise and air quality (dust) impacts consistent with typical construction practices would result from the initial construction of the site_ These short-term impacts would be mitigated by the applicant's construction mitigation plan. In addition, the applicant would be required to comply with existing code provisions that establish the allowed hours of construction activities for projects to weekdays between the hours of 7:00 am and 8:00 pm. Construction activities are not permitted prior to 9:00 am on Saturdays or after 8:00 pm and no work is permitted on Sundays. During broodstock collection, the applicant has proposed to locate refuse and recycling containers for staff within the utility/equipment trailer. The contents of the refuse and recycling containers would be removed weekly (or more frequently if necessary) and managed off -site. There would be a wastewater holding tank built in to the "residential" trailer in order to provide restroorn facilities to staff. Wastewater tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. As proposed, staff does not expect the refuse, recycling or wastewater tank to create any harmful or unhealthy conditions. Upon project construction, staff does not expect the proposed development to generate any harmful or unhealthy conditions. Noise impacts associated with increased traffic and activities resulting from the completed project would not increase significantly above existing conditions in this area of the City. (i) Availability of public services and facilities to accommodate the proposed use. Fire Department and Police staff indicated existing facilities are adequate to accommodate the subject proposal. The project would not require the use of a sanitary sewer connection. Restrooms would be provided for broodstock collection staff within the temporary trailer. The applicants have indicated the waste water holding tank within the trailer would be pumped once a week or as needed. Seattle Public Utilities is proposing to extend water service and electricity to the site. The combination of existing facilities and proposed facilities would accommodate the proposed use_ 0) Prevention of neighborhood deterioration and blight. The proposal would redevelop an existing vacant site. The development would include the construction of a new access point on the Cedar River from an existing pedestrian trail (Cedar River Trail) with associated native landscaping improvements (see criterion `e' above). The improvements planned within this project proposal are expected to increase property values; therefore, staff does not anticipate neighborhood deterioration or blight to occur as a result of this proposal. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SP_U Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 17 of 23 6. CONSISTENCY WITH CONDITIONAL USE CRITERIA: Section 4-9-030.G lists 11 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Conditional Use application. These include the following: (1) CONSISTENCY WiTH THE COMPREHENSIVE PLAN, ZONING CODE & OTHER ORDINANCES: The proposed use shall be compatible with the general purpose, goals, objectives and standard of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City of Renton. (a) Comprehensive Plan Land Use Element The subject site is designated Commercial/Office/Residential (COR) and Residential Low Density on the City's Comprehensive Plan Land Use Map. See staff's consistency evaluation in "Site Plan Consistency' section 5 above. (b) Zoning Code See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (c) Development Standards See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (2) COMMUNITY NEED: There shall be a community need for the proposed use at the proposed location. In the determination of community need, the Hearing Examiner shall consider the following factors, among all other relevant information: (a) The proposed location shall not result in either the detrimental over concentration of a particular use within the City or within the immediate area of the proposed use. The applicant contends that the proposed location of the broodstock facility would not result in the over -concentration of this type of facility within the City of Renton. There can be only one fish collection facility of this type on the Cedar River within the City of Renton and the immediate area. Staff concurs that there are no other existing or proposed broodstock facilities with in the City of Renton; as such, an over concentration of broodstock facilities is not anticipated. (b) That the proposed location is suited for the proposed use. The applicant contends the proposed location is well suited for a public access point and the broodsock collection facility. The access point would be across the river from the Cedar River Park and adjacent to a public parking lot that is primarily used for the Cedar River Trail access and parking. In addition, the applicant has indicated that the proposed project would benefit the community at large. The construction of a trail to the edge of the Cedar River would allow public access to the river. The access can serve as a boat launch for small non -motorized boats such as kayaks or canoes that can be carried from the upper parking lot to the river. The removable weir would be in place from mid -September to mid -December and would be stored off -site when not in use, providing full and unobstructed access more than eight months out of the year_ Staff concurs with the applicants conclusions that the proposed project would benefit the community at large. The project is proposed at a location suited for the proposed use and would not result in an over concentration of a particular use within the City. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner 5PU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 18 of 23 (3) EFFECT ON ADJACENT PROPERTIES: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following site requirements shall be required: (a) Lot Coverage: Lot coverage shall conform to the requirements of zone in which the proposed use is to be located. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (b) Yards: Yards shall conform to the requirements of the zone in which the proposed use is to be located. Additions to the structure shall not be allowed in any required yard. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. (c) Height. Building and structure heights shall conform to the requirements of the zone in which the proposed use is to be located. Spires, belltowers, public utility antennas or similar structure may exceed the height requirement upon approval of a variance. Building heights should be related to surrounding used in order to allow optimal sunlight and ventilation, and minimal obstruction of views from adjacent structures. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. The applicant contends the proposed facility would not result in substantial or undue adverse effects on adjacent property; because the proposed facility is compatible with 1-405, the Cedar River Park, and Narco Park, which are all properties within close proximity to the subject site. Staff concurs with the applicants conclusions that there would not be substantial or undue adverse effects on adjacent property. (4) COMPATIBILITY: The proposed use shall be compatible with the residential scale and character of the neighborhood: The applicant contends that the proposed use is compatible with the residential scale and character of the neighborhood. There are no residences in the immediate area of the proposed facility and the access road would be located off of the existing Narco Road, which currently is blocked to vehicle traffic immediately east of the access point. Staff has reviewed the proposal and concurs with the applicant; that the proposed use would be compatible with the scale and character of the neighborhood. Although, the subject project includes some inherent unpredictably as to how it functions and its compatibility to the site and surrounding areas; as such, staff recommends as a condition of approval that the Conditional Use Permit be limited to a time frame of five years. (5) PARKING: The proposal does not include any parking spaces_ A 15 to 20-foot wide drive aisle is proposed and it is anticipated that the fish transport truck would park in the drive aisle. The applicant has indicted that the existing parking lot that is used to access the Cedar River Trail, would be used for staff parking and for the temporary trailers. it is anticipated that in addition to the temporary trailers, 2 to 4 parking spaces would be used by the broodstock facility employees while collection is in process. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency' section 5 above. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Nearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 19 of 23 (6) TRAFFIC: Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in the surrounding area. The applicant contends the project would have some impacts to both vehicle and pedestrian/bicycle traffic in the parking lot area during the collection period. From one to three times a day, the fish hauling truck would access the site via the parking lot and cross the Cedar River Trail to drive down the river. Signs would be mounted in both directions on the trail warning users approaching the site of potential truck crossing ahead. See additional evaluation above in "Site Plan Consistency' section 5, Safety and efciency of vehicle and pedestrian circulation. (7) NOISE, GLARE: Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on -site parking areas, outdoor recreational areas and refuse storage areas. The applicant contends the operation of the broodstock facility would create some additional noise, but given the close proximity to 1-405 it should be neglible. The proposed lighting system would be designed to meet the functional and safety requirements of the round-the-clock demand of the fish collection program. The fixtures have been selected and sited to minimize glare and to be visually recessive in the landscape. The system would be on a separate circuit, to be activated only during fish collection operations. See additional evaluation above in Site Plan Consistency section 5. (g) "Provision of adequate light and aid'. (8) LANDSCAPING: Landscaping shall be provided in all areas not occupied by building or paving. The Hearing Examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. The applicant has indicated that a comprehensive landscaping plan has been proposed for the project site. The plan includes the clearing of noxious weeds (blackberry, Japanese knotweed, ect.) and replanting the area with native and non- invasive trees, shrubs and other plants species. Staff recommends approval of the landscaping/mitigation plan as the majority of the project is within critical areas. See "Conformance with Zoning Regulations" (b) evaluation in "Site Plan Consistency' section 5 above. (9) ACCESSORY USES: Accessory uses to conditional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to be separate uses and shall be subject to the provisions of the use district in which they are located. The applicant contends there are no accessory uses planned for this site. For the purposes of staff's evaluation, the temporary trailers are considered an accessory use to "Natural Resource ExtractioniRecovery' within the RC zone. Accessory uses to "Natural Resource Extraction/Recovery" is allowed within the RC zone subject to the approval of a Conditional Use Permit_ Staff is recommending approval of the Conditional Use Permit. (10) CONVERSION: No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Chapter. No conversion is proposed. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community 8 Economic Development Preliminary Report to the Nearing Examiner SPU Broodstock Faciiit LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2006 Page 20 of 23 (11) PUBLIC IMPROVEMENTS. - The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities, and services. Approval of a conditional use permit may be conditional upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities, and/or services. The applicant contends the proposed project would not impose undue burden on any public improvements, facilities, utilities or services. During the fish collection season, a portable trailer would be located onsite to house operation staff 24 hours a day, 7 days a week. In addition, a smaller equipment trailer would be placed adjacent to the living quarters to allow for storage of equipment and clothing. A 3/4-inch water service would be installed to provide potable water to the upper portion of the project site. Refuse and recycling containers would be placed in the utility/equipment trailer and their contents would be removed weekly and managed oft -site. Restroom facilities would be located in the trailer designated as temporary living space. There would be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer. Tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. All utilities would be separately metered and usage would be paid for by SPU_ 7. CONSISTENCY WITH VARIANCE CRITERIA: Section 4-9-2508.10 Lists 10 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Variance application. These include the following: (1) Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served: The applicant contends the subject project is consistent with the Comprehensive Plan specifically the following policies: Policy EN-2: Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply energy production and open space. Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. In addition, the applicant has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies. One of the key facilities necessary to meet these goals is the broodstock collection facility_ The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period. Staff has reviewed the request and concurs that the placement of the broodstock facility along Cedar River near 1-405 crossing is the best location to serve the public's health, safety, and welfare. If order to utilize the subject location for this purpose the least amount of trees to remove would be five. The applicant is requesting the minimum necessary to construct a functioning broodstock facility and Cedar River access facility. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August I Z 2008 Page 21 of 23 (2) Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies: The project is located in an area primarily designated as Commercial/Office/Residential and borders on a Resource Conservation zone. The two land use policies of particular relevance to the proposed project are as follows: Policy LU-62: Natural and cultural resources should be identified by project proponents when applying for land use approval, as part of the application submitted for review; and Policy LU-90: Siting of regional facilities that are specialized (e.g_ landfills, maintenance shops) or serve a limited segment of the population (e.g. Justice centers) should rely more strongly on the special locational needs of the facility and the compatibility of the facility with surrounding uses. The applicant has indicated the proposed broodstock collection is a very specialized regional facility that must be located on the river. The adjacent land uses, the I-405 transportation corridor and Renton's Narco Park are compatible with the proposed facility. Staff has reviewed the subject proposal and has determined the proposal conforms to the Comprehensive Land Use Plan and the Tri-Parks Master Plan. As such, staff concurs with the applicants conclusions. The removal of the five trees in the shoreline area would be necessary for the broodstock project and access facility to be constructed. The applicant has provided a mitigation plan that includes enhancement of the shoreline for the loss of trees and five -years of maintenance and monitoring. (3) Each facility must serve established, identified public needs: The applicant contends that the proposed project serves established, identified public needs as shown in the Landsburg Mitigation Agreement and in the City of Renton's Comprehensive Plan Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. Staff has reviewed the variance request and concurs that the removal of five trees to provide a broodstock facility and public access facility would serve an established and identified public need. (4) No practical alternative exists to meet the needs: SPU considered the following alternatives: A) SPU contends that relocating the driveway within the proposed location further east or west would result in the loss of additional and/or larger trees. B) In addition, SPU contends that if no trees are removed then there would be no driveway to the water's edge. Fish could not be moved by crane from the river to a truck. Thousands of salmon would be transported by hand from the river to the roadway, which would be much more stressful to the captured sockeye, much more time consuming and riskier for the workers transporting the fish. Based on the applicant's justification for the site selection, staff concurs that the proposed variance is the minimum necessary to accomplish the desired purpose. (5) The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts: The applicant has indicated that the lost trees would be replaced at a 2:1 ratio. The proposed driveway has been located to avoid to very large cottonwood trees. The applicant proposes to compensate for the permanent loss of 717 square feet of riparian vegetation in the shoreline area by enhancing 1,400 square feet of adjacent buffer. The enhancement activities include removing non-native trees, including a Broodstock_hexrpt 08-0 1B (with changes) City of Renton Department of Community 8 Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facie LUA08-018, SA-H, CU-H, V-H, 3M PUBLIC HEARING DATE August 12, 2008 Page 22 of 23 substantial number of conifers. In addition, approximately 9,950 square feet of additional area would undergo invasive species removal and would be restored with native trees, shrubs, and groundcover. Staff concurs with the applicant's conclusions that the project proposal takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts. (6) The proposed activity results in no net loss of regulated wetland or stream/lake area, value, or function in the drainage basin where the wetland, stream or lake is located: The applicant contends that the proposed project does not result in a net loss of regulated wetland or stream/lake area, value or function. The proposed project would remove five trees (poplar, red alder and big leaf maple). The vegetation would be restored in the manner describe under criterion 5 above. Staff has reviewed the mitigation proposal and concurs that the project would not result in a net loss of regulated wetland or stream/lake area, value or function. (7) The proposed activities would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State: The applicant contends that the proposed project is designated to enhance salmon recovery in the Cedar River. The proposed action requiring a variance would not jeopardize the continued existence of endangered, threatened or sensitive species. Staff concurs with the applicant's conclusion that the proposed activity would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State. (8) That the proposed activities would not cause significant degradation of groundwater or surface water quality: The applicant contends that the proposed activities would have no effect on groundwater, and they would not cause degradation of surface water quality. Staff concurs that the proposed activities would have no effect on groundwater or surface water quality. (9) The approval as determined by the Hearing Examiner is a minimum variance that would accomplish the desired purpose: The applicant contends that this is the minimum variance necessary. The variance would allow a driveway to be built to the river's edge. The driveway would be sited to avoid removing even larger existing cottonwood trees. If the applicant only removed the three trees in the direct path of the driveway and access road, the remaining two trees would be a hazard to workers, as the root zone would be severely damaged and leave the trees vulnerable to falling. Staff has reviewed the proposal and concurs with the applicant's conclusions that the removal of five trees within the shoreline area is the minimum necessary to accomplish the desired purpose. (10) The proposed variance is based on consideration of the best available science as described in WAC 365-195-905: The applicants contends that the proposed site was recommended in the Cedar River Sockeye Hatchery Project Final EIS, dated March 2003. The PIS was prepared by Seattle Public Utilities, R.W. Beck Inc. Adolfson Associates, Inc., and Tetra Tech/KCM, Inc_ Scientist and fishery experts within these organizations assisted with preparation of the EIS. In addition, the applicants have indicated that the proposed mitigation plan (described above in criterion 5) was prepared by Tetra TechlKMC, Inc. and the Watershed Company, and follows standard vegetation restoration practices. Broodstock_hexrpt 08-018 (with changes) City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-098, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 23 of 23 Staff concurs that the proposed variance request is based on consideration of the best available science. In addition, the FEIS was appealed five times though the Washington State Court System and was deemed adequate. G. RECOMMENDATION: Staff recommends approval of the Site Plan Review, Conditional Use Permit and the Variance for the SPU Broodstock Facility, Cedar River Access Facility to be located along the south bank of the Cedar River at 1-405 bridge and immediately upstream of the bridge (parcel numbers 172305-9179 and 172305-9014). Project File No. LUA08-081, SA-H, CU-H, V-H, SM subject to the following conditions: 1. The applicants shall successfully complete a memorandum of agreement (MOA) between SPU and the City of Renton for the management and use of City property. The MOA shall be reviewed for approval by the City of Renton Attorney and signed by the Mayor or authorized representative prior to operation of the broodstock facility. 2. Site Construction (anticipated to be approximately two months) shall not interfere or hinder City sponsored public events planed along the subject portion of the Cedar River Trail, including but not limited to Renton River Days and the Candy Cane Fun Run. 3. If the construction of the access road causes slope instability or erosion. The applicant shall provide a slope enhancement and restoration plan approved by the City of Renton Department of Community & Economic Development, Planning Division project manager. A maintenance and monitoring plan for the approved enhancement and restoration plan would also be required. 4. The applicants shall be required to adhere to the provided Cedar River Access Facility Management Plan, dated jURe = 30, 2008. 5. This Conditional Use Approval is valid for a period of five years. Prior to expiration the applicant shall provide the city with a written request for the subject Conditional Use Permit to be reviewed by the decision maker to determined if changes are warranted and/or if the agreement can be extended an additional five years. &. Prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife (WDFW) and the City of Renton shall be achieved as to resolve the concerns of SPU's proposed broodstock facility on the City's ability to meet the requirements of the Hydraulic Permit Approval #G1503-1 (Cedar River Section 205 Flood Hazard Reduction project). 7. The applicant shall be required to provide a safety management plan to be reviewed for approval by the City of Renton's Human Resources/Risk Management department prior to 1= operation of the broodstock facility. 8. Applicant shall be responsible for the maintenance and/or replacement of ail proposed public outreach information signs and kiosk. 9. Applicant shall successfully obtain ® access easements from the WashingtqR State D,ep,artment of Transportation and the City of Renton prior to operation of the broodstock facility. 10. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found all construction activity shall stop and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeological and Historic Preservation. 11. The applicant shall be required to comply with the recommendations and five-year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages L1-L5 of the provide permit set. Broodstock_hexrpt 08-018 (with changes) City of Seattle Gregory J. Nickels, Mayor Seattle Public Utilities Chuck Clarke, Director August 8, 2009 Washington State Department of Transportation Northwest Region, Snohomish -King County Area, MS 240 Local Agency and Development Services P.O. Box 330310 15700 Dayton Ave. N. Seattle, WA_ 98133-9710 Attn: Celine Vogler, Assist Local Agency and ]development Services Manager SUBJECT: Request for an Access Permit Cedar River Access Facility Project Dear Ms. Vogler: This letter is a follow up to conversations between Pat Lee ( Seattle Public Utilities) and yot rl elf regarding Seattle Public Utilities' (SPU) request for an Access Permit for the Cedar River Access Facility Project (Project). This access permit is to allow SPU's construction and use of an access. driveway crossing and temporary placement of 2 trailers Washington State Department of n-ansportation (WSDOT) property (parcel no. 1723059179). The improvements from this project will serve to provide year around public access to the Cedar River and to facilitate SPU's collection of adult sockeye salmon as broodstock to support the Cedar Sockeye Hatchery at Landsburg. The broodstock collection activities will occur from mid -September through early December each year. Prior to the collection of broodstock salmon, access will be needed for construction activities. SPU anticipates that construction of this project will begin in September 2008 and completion will occur in November or December 2008. in summary the activities SPU expects includes construction activities (equipment crossing the road/ pathways, clearing and grading, installation of an access driveway, utilities, interpretive signs) and annual activities supporting broodstock collection (weir installation, placement of caretaker and storage trailers, fish handling, and fish hauling). In order to satisfy our permit requirements with the City of Renton, SPU needs WSDOT's approval that work and activities associated with the Cedar River Access facility is acceptable on parcel no. 1723059179. SPU would like to request WSDOT's endorsement of this project on WSDOT!property (parcel no. 1723059179) for the uses described above subject to follow through with either a WSDOT Access Permit or easement (if deemed more applicable). To facilitate this request, rve included a signature line for WSDOT as an initial step and if this is acceptable please return a signed copy of this letter to SPU.. For informational purposes, l've. also enclosed a copy of SPU's earlier permit application dated April 2, 2008. Seattle Muoicipal Tower. 700 5th Avenue, Suite 4900. Ft) Box 34018. Seattle, WA 98124-4018 Tel: (206) 684-5451, T1YMDD. (206) 233-724), Pax: (2W) 684-4631, btemet Address: http://wwwseattle.govloutl An equal employment opportunity, affirmative action employer, Accommodations for people with disabilities provided upon request Ms. Celine Vogler August 8, 2008 Page 2 I appreciate your assistance towards our project needs and if you have any questions, please contact Pat Lee (206) 615-1318 or myself at (206)684-5977. Sincerely, - CHARLES MADDEN, PE Manager, Project Management Section Engineering Division The Washington State Department of Transportation endorses SPU's use of a portion of its }parcel no 172 7179 adjacent to the I-405 right of way at the Cedar River for the Cedar River Access Facility subject to its fa al review process. as ' gton State VInt of Transportation Da fe Enclosure CM Bob Gambill, SPU Pat Lee, SPU Audrey Hansen, SPU Cyndy Holtz, SPU Gary Sprague, SPU Paul Faulds, SPU Fred Kaufman - Re: Fwd Response to Renton Weir Page 1 From: Fred Kaufman To: Vanessa Dolbee Subject: Re: Fwd: Response to Renton Weir All correspondence with this office regarding pending land use applications must be part of the public record. Your email and this response will be placed in the official file. Please refrain from replying to this email as that would generate another series of printouts and replies. >>> Vanessa Dolbee 08/12/08 2:11 PM >>> Fred, Just an F.Y.I. is regards to the Broodstock hearing this morning. If you have any questions, feel free to ask. Vanessa Dolbee Fred Kaufman - Fwd: Response to Renton Weir Page 1 From: To: Date: Subject: Fred, Vanessa Dolbee Kaufman, Fred 8/12/2008 2:11:44 PM Fwd: Response to Renton Weir Just an F.Y,I, is regards to the Broodstock hearing this morning. If you have any questions, feel free to ask. Vanessa Dolbee CITY OF RENTON HEARING EXAMINER PUBLIC HEARING August 12, 2008 AGENDA COMMENCING AT 9:00 AM, COUNCIL CHAMBERS, 7TH FLOOR, RENTON CITY HALL The application(s) listed are in order of application number only and not necessarily the order in which they will be heard. Items will be called for hearing at the discretion of the Hearing Examiner. PROJECT NAME: SPU Broodstock Facility PROJECT NUMBER: LUA-08-018, SA-H, V-H, SM, CU-H PROJECT DESCRIPTION: An application has been submitted by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Conditional Use, and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The applicant has also applied for a Hearing Examiner Variance from RMC 4-4- 130D.2.a for the removal of five trees within a Shoreline of the State. The site would be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary weir facility consists of a removable weir spanning the width of the river, salmon collection traps and an access driveway from Narco Road to the edge of the Cedar River. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. The collection site would require construction of an access road and loading area within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removal of 5 trees within a critical area, for which the applicant submitted a restoration/mitigation plan. The subject site is also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. PROJECT NAME: Dawson Code Compliance Appeal PROJECT NUMBER: LUA-08-084, AAD PROJECT DESCRIPTION: Appeal of the administrative decision of the Notice and Order declaring the residential structure located at 559 Windsor Place NE a dangerous building. HEX Agenda 8-12-08.doc Natural Resources Building 1111 Washington St SE Olympia WA 98501 PO Box 40917 Olympia WA- 98504-0917 g KArxa 04 IP v r " ten STATE OF WASHINGTON RECREATION AND CONSERVATION OFFICE (360) 902-3000 TTY(360) 902-1996 Fax: 360 902-3026 E-mail: inlo 0 rco.wa. gov Web site: www.reo_wa.gov August 7, 2008 . 1% E COP Leslie Betlach Renton Parks Department 1055 S. Grady Way 5th Floor Renton, WA 98055 RE: Construction of Boat Launch/River Access and Broodstock Collection Facility on the Cedar River (City of Renton), RCO Projects 92-297D, 93-124A, 7"38A Dear Ms. Betlach, This letter is a response to your request for clarification regarding the pending development at the Cedar.River just north of .its intersection with 1-405. As detailed In the attached Cedar River Access Facilfty Management Plan (Seattle Public Utilities [SPU] July 3e 2008), the planned construction and management' of the site currently does not constitute a conversion per your Washington Wildlife and Recreation Program — Local Parks and Trails (WWRP) grant agreements. This determination is contingent on the City of Renton's on -going maintenance and operation of the site as a recreational resource to your park users and meeting your obligations under WWRP. Please keep RCO included in the development of any future use agreements you will'develop and sign with SPU (or others) so we can ensure the signed docum,6nt(s) is consistent with your obligations under WWRP. If and when adopted, we require that Renton send RCO a signed copy of your use agreement wlth SPU (or others). We require this as your obligation udder WWRP Is in perpetuity and RCO therefore has a responsibility to review site uses, proposed development, and inspect the property. Please remember that this determination may change depending on the maintenance, function, condition and public usability of the river access site. Additionally, know that future proposals/chinges to the grant funded property will be evaluated independent of this determination. If you have further questions please contact Adam Cale at 360-902-3084, or adam.00le@rco.wa.gov. Sincerely, Rachael Langen Deputy Director cc: Adam Cole Marguerite Austin Enclosed: Q&dar River AgMs Facilityna a nt Plan (Seattle Public Utilities July 30' 2008) Recreation and Conservation Funding board • Salmon Recovery Funding Board - Washington Biodiversity Council + '• Washington invasive Species Council • Forum on MonhOng Salmon Recovery and Watershed Health rot �rf% City of Seattle 010 Gregory J. Nickels, Mayor Seattle Public Utilities Chuck Clarke, Dirdetor August 8, 2008 Washington State Department of Transportation Northwest Region, Snohomish -King County Area, MS 240 Local Agency and Development Services P.O. Box 330310 15700 Dayton Ave. N. Seattle, WA. 98133-9710 Attn: Celine Vogler, Assistant Local Agency and Development Services Manager SUBJECT: Request for an Access Permit Cedar River Access Facility Project Dear Ms. Vogler: This letter is a follow up to conversations between Pat Lee ( Seattle Public Utilities) and yourself' regarding Seattle Public Utilities' (SPU) request for an Access Permit for the Cedar River Access Facility Project (Project). This access permit is to allow SPU's construction and use of an access. driveway crossing and temporary placement of 2 trailers Washington State Department of Transportation (WSDOT) property (parcel no. 1723059179). The improvements from this project will serve to provide year around public access to the Cedar River and to facilitate SPU's collection of adult sockeye salmon as broodstock to support the Cedar Sockeye Hatchery at Landsburg. The broodstock collection activities will occur from mid -September through early December each year. Prior to the collection of broodstock salmon, access will be needed for eonstructioli activities. SPU anticipates that construction of this project will begin in September 2008 and completion will occur in November or December 2009. Ill summarythe activities SPU expects includes construction activities (equiprnent crossing the road/ pathways, clearing and grading, installation of an access driveway, utilities, interpretive signs) and annual activities supporting broodstock collection (weir installation, placement of caretaker and storage trailers, fish handling, and fish hauling). In order to satisfy our permit requirements with the City of Renton, SPU needs WSDOT's approval that work and activities associated with the Cedar River Access Facility is acceptable on parcel no_ 1723059179. SPU would like to request WSDOT's endorsement'of this project on WSDOTproperty (parcel no. 1723059179) for the uses described above subject to follow through with either a WSDOT Access Permit or easement (if deemed more applicable). To facilitate this request, I've included a signature line for WSDOT as an initial step and if this is acceptable please return a signed copy of this letter to SPU. For informational purposes, I've also enclosed a copy of SPU's earlier permit application dated April 2, 2008. Seattle Municipal Tower, 700 5th Avenue, Suite 4900. F0 Box 3401 S. Seattle, WA 991244018 Tel: (206) 684-5851, TPYfMD. (206) 233-7241, Fax: (206) 484-4631, intemet Address: http:ifwwwscattle.goviulill An equal employment opportunity, affirmative actiaa employer, Accommodations for pwple with disabilities provided upon roquest Ms. Ceiine Vogler August 8, 2008 Page 2 I appreciate your assistance towards our project needs and if you have any questions, please contact Pat Lee (206) 615-131.8 or myself at (206)684-5977. Sincerely, + CHARLES MADDEN, PE Manager, Project Management Section Engineering Division The Washington State Department of Transportation endorses SPU's use of a portion of its parcel no 172 179 adjacent to the I-405 right of way at the Cedar River for the Cedar River Access facility subject to i4pantvolf reew process. te CAI' Y///)I>,q as ' gton State Transportation Da Enclosure cc. Bob Gambill, SPU Pat Lee, SPU Audrey Hansen, SPU Cyndy Holtz, SPU Gary Sprague, SPU Paul Faulds, SPU City of Renton PUBLIC Department of Community & Economic Development HEARING PRELIMINARY REPORT TO THE HEARING EXAMINER A. SUMMARY AND PURPOSE OF REQUEST: Public Hearing Date: August 12, 2008 Project Name: SPU Broodstock FacilityiCedar River Access Facility Owner for parcel City of Renton #1723059014: 1055 S Grady Way Renton, WA 98055 Owner for parcel Washington State Department of Transportation #1723059179: 15700 Dayton Ave. N Shoreline, WA 98133 Applicant: Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 Contact: Charles Madden Seattle Public Utilities P.O. Box 34018 Seattle, WA 98124 File Number: LUA08-018, SA-H, CU-H, V- Project Manager: Vanessa Dolbee, Associate H, SM Planner Project Description: An application has been submitted by Seattle Public Utilities (SPU) for a Hearing Examiner Site Plan Review, a Hearing Examiner Conditional Use, and a Shoreline Substantial Development Permit to construct a temporary salmon broodstock collection facility on the Cedar River. The applicant has also applied for a Hearing Examiner Variance from RMC 4-4-130D.2.a for the removal of five trees within a Shoreline of the State. The site would be used to collect adult sockeye salmon from mid -September to mid -December. All structures would be removed when the collection site isn't in use. The temporary wesr facility consists of a removable weir spanning the width of the river, salmon collection traps and an access driveway from Narco Road to the edge of the Cedar River. The facility would be located (approximately) at river mile 1.7, upstream of the 1-405 crossing. The collection site would require construction of an access road and loading area within a designated Shoreline of the State. Construction of the road would require approximately 380 cubic yards of fill and removal of 5 trees within a critical area, for which the applicant submitted a restoration/mitigation plan. The subject site fs also located in a flood hazard area. This project has already undergone Environmental Review (SEPA) as part of the Cedar River Sockeye Hatchery Final EIS completed in March 2003. Project Location: South bank of the Cedar River at river mile 1.7, immediately upstream of the 1-405 bridge. City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Racikty LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 2 of 23 SITE LOCATION MAP Broodstock_hexrpt08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Nearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V--H, SM PUBLIC NEARING DATE August 12, 2008 Page 3 of 23 B. EXHIBITS: Exhibit 1: Project file ("yellow fife") containing the application, reports, staff comments, and other material pertinent to the review of the project. Ehhibit 2: Zoning Map sheet F4 west'/z (dated 7/15/08) Exhibit 3: Comprehensive Plan Land Use Map Exhibit 4: Project Vicinity Map, Index, Legend, Project Misc. Information, Survey Datum Block (Sheet G1) Exhibit 5: Existing Conditions/Topography (Sheet G2) Exhibit 6: Demolition Plan (Sheet G3) Exhibit 7: Erosion Control Plan (Sheet G4) Exhibit 8: Erosion Control Details (Sheet G5) Exhibit 9: Tree Inventory Plan (Sheet G6) Exhibit 10: Site Layout Plan "during construction" (Sheet Cl) Exhibit 11: Site Grading Plan (Sheet C2) Exhibit 12: Civil Details (Sheet C3) Exhibit 13: Access Road Plan and Profile (Sheet C4) Exhibit 14: Utility Plan (Sheet C5) Exhibit 15: Kiosk and Interpretive Sign Details (Sheet C6) Exhibit 16: Limit of Work (Sheet L1) Exhibit 17: Buffer Mitigation Layout (Sheet 1-2) Exhibit 18: Site Revegetation (Sheet 1-3) Exhibit 19: Revegetation Notes and Details (Sheet 1-4) Exhibit 20: Electrical Plan (Sheet E 1 ) Exhibit 21: Electrical Details (Sheet E2) Exhibit 22: Electrical Details & Fixture Schedule (Sheet E3) Exhibit 23: Figure 1: Site Layout Plan Exhibit 24: Colored Display Map (site plan) Exhibit 25: Luminaire Schematic Exhibit 26: Archaeological surface survey transects and shovel probe locations Exhibit 27: Th-Park Master Plan, Site Plan Exhibit 28: Cedar River Park, view before broodstock facility Exhibit 29: Cedar River Park, photographic simulation after broodstock facility Exhibit 30: Critical Areas: Steep Slopes and Access Road Exhibit 31: FEIS Alternative's Location Map (Figure S-1) Exhibit 32: FEIS Alternative Broodstock Collection Sites, Vicinity Map (Figure 1-2) Exhibit 33: FEIS Broodstock Collection Facilities 1-405 Bridge Site (alternative) Exhibit 34: FEIS Broodstock Collection, Holding and Spawning Facilities, I-405 Bridge Site (alternative) Exhibit 35: FEIS Temporary Weir Alternative (Figure 1-17) Exhibit 36: FEIS photographic simulation of weir in river at the I-405 site Exhibit 37: Landsburg Mitigation Agreement for the Fish Migration Barrier at the Landsburg Diversion Dam C. GENERAL INFORMATION: Owners of Record: City of Renton State of Washington, DOT 1055 S Grady Way 15700 Dayton Ave. N Renton, WA 98057 Shoreline, WA 98133 Zoning Designation: Resource Conservation (RC) and Commercial(Office/Residential (COR) 3. Comprehensive Plan Residential Low Density and Commerciai/Office/Residential Land Use Designation: Existing Site Use: Cedar River Trail and Vacant Broodstock hexrpt08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 4 of 23 5. Neighborhood Characteristics: North: Renton Community Center, Commercial/Office/Residential (COR) zoning, Interstate 405, Cedar River (Class 1 stream) East: Cedar River, Renton Community Center (COR) South: Cedar River Trail, Resource Conservation (RC) zoning West: Interstate 405, and Cedar River Trail pedestrian bridge. 6. Access: Would be via Narco Road on the south side of the Cedar River. 7. Site Area: 11,450 square feet 8. Project Data: Area Comments Existing Building Area: NIA Vacant New Building Area: NIA No new buildings are proposed, a portable trailer and smaller storage trailer would be placed temporarily. Total Building Area: NIA An access roadway less then 4,000 square feet is proposed to be constructed from concrete and pervious concert pavement. D. HISTORICALIBACKGROUND: Action Lana' Use File No. Ordinance No. Annexation NIA 738 Comprehensive Plan NIA 5099 Zoning NIA 4404 E. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts Section 4-2-020: Purpose and Intent of Zoning Districts Section 4-2-070: Zoning Use Table Section 4-2-110: Residential Development Standards Section 4-2-120: Commercial Development Standards 2. Chapter 3 Environmental Regulations Section 4-3-050: Critical Areas Regulations 3. Chapter 4 Property Development Standards Section 4-4-030: Development Guidelines and Regulations Section 4-4-060: Grading, Excavation and Mining Regulations Section 4-4-080: Parking, Loading and Driveway Regulations 4. Chapter 6 Streets and Utility Standards S. Chapter 9 Procedures and Review Criteria 6. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Parks, Recreation, Open Space, $ Trails Element 3. Environmental Element Date 03/17/1925 11/01 /2004 06/0 7193 Broodstock_hexrpt 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, GU-H,_V-H, SM PUBLIC HEARING DATE August 42, 2008 Page 5 of 23 G. DEPARTMENT ANALYSIS: PROJECT DESCRIPTION/BACKGROUND The proposed Cedar River Broodstock Collection Facility would be located at approximately River Mile 1.7, immediately up stream of 1-405. The project would be developed in an area on the south bank of the Cedar River across from Cedar River Park and the Renton Community Center (Exhibit 24). The size of the area to be utilized by this project consists of approximately 0.25 acres. The Broodstock Facility would be located in the Cedar River and on two additional parcels. Parcel No. 172305917 is owned by the Washington State Department of Transportation (WSDOT) and Parcel No. 1723059014 is owned by to the City of Renton. The City of Renton's parcel is zoned CommerciallOffice/Residential (COR) and WSDOT's parcel is zoned Resource Conservation (RC)_ This report includes analysis of the Site Plan Review, Conditional Use, and Variance Criteria. It is important to note that there are additional interest groups as a part of this proposal due public financial funding for parcels included in the project. Background The Cedar River is SPU's major water supply source, supplying nearly two-thirds of the water delivered to the Seattle service area. In May 2000, Seattle along with State and Federal agencies adopted the Cedar River Habitat Conservation Plan (Cedar HCP), which sets forth a 50-year comprehensive program for managing the Cedar River watershed to protect and enhance habitat for threatened and endangered species. Subsequently, Seattle obtained Incidental Take Permits, from the U.S. Fish and Wildlife Service and National Marine Fisheries Service, for its water supply and related activities in the Cedar River watershed. The Cedar HCP called for several specific actions to address impacts to fish resulting from Seattle's water supply intake and diversion dam created at Landsburg. One of which included a Cedar River Sockeye Hatchery Project capable of producing up to 34 million sockeye fry. In order for the Hatchery to meet its goal of 34 million fry, SPU has proposed the subject broodstock facility. In addition, the applicant has stated, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies, SPU has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam (Exhibit 37). One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period to the end of the sockeye run (approximately mid -December). A Final Environment Impact Statement (FEIS) was prepared for the Cedar River Sockeye Hatchery Project and associated facilities in 2003. The FEIS analyzes the potential project - specific environmental effects of construction and operating a sockeye hatchery on the Cedar River. The portion of the FEIS that pertains to the broodstock facility includes four site alternatives for the collection of adult fish for spawning, including two sub -alternatives at each site and three alternatives for the weir designs. The four alternative sites that were evaluated as part of the FEIS are as follows: the existing broodstock collection site at river mile 6.5; the Elliott Bridge site located at river mile 5.3; SPU right-of-way site at river mile 3.4; and the 1-405 site located at river mile 1.7 (Exhibit 31 & 32). The location at I-405 was carefully chosen after technical studies and the FEIS determining this site as the best location (Exhibit 33 & 34). This location is important to accessing a segment of the returning adult sockeye run to be used for broodstock that is representative of the entire sockeye salmon population (Exhibit 36). The weir design chosen has been used in other areas and has been successful at withstanding higher fall flows (Exhibit 35). The proposed system is capable of withstanding these flow levels because of its flexibility and ability to submerge during periods of very high flows. Broodstock_hexrpt 08-018 City of Renton Department of Community 8 Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August I Z 2008 Page 6 of 23 The adequacy of the FEIS was appealed to the Seattle Hearing Examiner. In response to the Hearing Examiner's decision, SPU issued a Supplemental EIS (SEIS) in July 2005. The adequacy of the SEIS was also appealed to the Seattle Hearing Examiner. On December 13, 2005, the Seattle Hearing Examiner issued a decision that the SEIS was adequate. The decision was appealed to the King County Superior Court, who also held that the SEIS was adequate in 2006. The King County decision was then appealed to the Washington State Court of Appeals and it was again deemed adequate in 2007. The Washington State Court of Appeals decision was appealed to the Washington State Supreme Court, who denied the appellant's petition to hear the case. Once the appellant's petition was not heard by the Supreme Court, SEPA was deemed complete. There have been no challenges to the broodstock collection facility alternatives. Parcel No. 1723059014 was purchased by the City of Renton with the following funding sources: Washington Wildlife and Recreation Program grant funds administered by the Resource and Conservation Office (RCO); 1989 King County Open Space Bond Issue Funds; King County Conservation Futures 1993 Regional Projects grant funding; and King County Conservation Futures 1993 Suburban Project grant funding. The Cedar River Trail was developed with Federal ISTEA and State WWRP grant monies. The RCO funds were granted with a requirement that the property would be used for recreational purposes. In order to verify that the Broodstock Facility would not be considered a "conversion of property" by the RCO; Seattle Public Utilities (SPU) together with the City of Renton submitted the project proposal including a project management plan and plan set to the RCO on July 3, 2008. The RCO is anticipated to make a determination in regards to "property conversion" buy August 7, 2008. The decision made by the RCO would be based upon the management plan SPU submitted on July 3, 2008_ As to elevate any conflicts of interest that may be anticipate between RCO, City of Renton and SPU as to the perceived management and function of the site, staff recommends as a condition of approval that SPU adhere to the provided Cedar River Access Facility Management Plan, dated June 30, 2008. Staff anticipates the submission of supplemental information as to the result of RCO's decision at the Hearing_ Site & Surroundina Area Description The project site is located on the south bank of the Cedar River (A Class 1 Shoreline of the State) directly across from the Renton Community Center. The subject site is currently vacant and consists of sloped areas and a benched area just above the river (Exhibit 5). The existing vegetation consists of (native plants) Red -Osier Dogwood, Bigleaf Maple, Sitka willow, Sweet gale, Horsetail, Black cottonwood and Red alder; and invasive plants Japanese knotweed, ivy, and Himalayan blackberry. There is currently no access to the rivers edge, although during the summer months recreationalists bushwhack their way to the rivers edge at this point along the Cedar River Trail. To the north of the project site is the Renton Community Center and Renton's Cedar River Park, which is used for recreational activities, community sponsored events, weddings, dog trials etc. The site consists of a large community center building, paved pedestrian paths, landscaped lawn areas and access to the Cedar River via a man made cove. The cove was created with a retaining wall system that extends the length of the site immediately adjacent to the Cedar River. To the south of the subject site is the Cedar River Trail and the Narco site. This area consists of: a small informal gravel parking area; access to the Cedar River Trail; and a large grass field. The area is primarily used for walking, biking, roller blading, etc. To the west is Interstate 405 and a pedestrian bridge, both cross the Cedar River. To the east, there is undeveloped shoreline of the Cedar River and the continuation of the Cedar River Trail. The subject area and surrounding areas (Liberty Park, Cedar River Park, and Narco Site) are a part of the Tri-Park Master Plan, adopted by Renton City Council in 2006 (Exhibit 27). The site is located on two parcels one of which is designated Commercial/Office/Residential on the Comprehensive Plan Land Use Map and is zoned Commercial/Office/Residential (COR). The second parcel is designated Residential Low Density on the Comprehensive Broodsiock_hexrpt 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 7 of 23 Land Use Map and is zoned Resource Conservation (RC) (Exhibit 2 & 3). The majority of the subject project is located within the COR zone therefore, the following Site Plan Review, Conditional Use Permit and Variance would be evaluated under the CDR zoning designation. The broodstock facility is intended to be operated and maintained by SPU. Broodstock collection would be in operation from mid -September to mid -December and would be designed as a temporary facility. During the remaining part of the year (mid -December though mid -September) all associated equipment would be removed from the site including the weir, staff trailer, and storage trailer. The access drive to the river would remain for public river access; this drive would be a designated access point for non -motorized watercraft, such as kayaks, canoes, inner tubes and air mattresses. Seattle Public Utilities' Broodstock Facility would be located within a City of Renton public park; as such, Staff recommends as a condition of approval that a Memorandum of Agreement (MOA) between the City of Renton and SPU is created, to ensure proper management and use of City property by SPU. Protect Description The proposed project would a seasonal access point and an area to operate a temporary weir/trap in the Cedar River to collect adult sockeye salmon for the existing hatchery facilities at Landsburg (Exhibit 23). In addition to the access point and the weir/trap, the applicant is proposing a ramp area, utilities (water and electricity), pathway improvements, interpretive signs, a kiosk, lighting, two temporary trailers, and a viewing area above the weir location. The "viewing area" would be located on the north bank of the Cedar River (parcel #1723059013) in the Cedar River Park. The access area is to be used for operating a temporary weir in the Cedar River from mid -September through December to reach the target amount of salmon eggs for the hatchery and maintain public access wile weir operation is in progress. The weir is a flexible picket structure that would span the width of the Cedar River. The pickets and spacers are made of plastic and are built in 2-foot by 20-foot panel sections. The bottom of these panels are secured to the river bed by hooking to a cable that runs across the bottom of the river so that the panels can lay downstream with the lower end floating at water surface. The cable is threaded through brackets; that are connected to a metal base. The metal base is secured to the bottom of the river with pins and small cables to duckbill anchors upstream. The metal plate would be left in place from year to year but the cable, weir panels and traps would be removed at the end of the broodstock collection operations in December. One or two traps would be used to intercept sockeye. These traps would be made of a#uminum pickets and be approximately 6 feet by 12 feet in size. They would be moved as river conditions change during the fall, starting out in the deeper area of the river and ending up closer to shore as flows increase. The traps would have the ability to be opened to permit volitional passage of salmon; since most of the sockeye and all Chinook and Coho would pass the collection site. The hatchery would need to trap up to 20,000 sockeye, depending on run size, broodstock collection would be less then 50% of the sockeye run. Specific protocols for passing Chinook would be in place for avoiding delay or causing redistribution of spawning sites. A safety cable would span the river and be installed to provide employee security when working during high flow conditions. The cable would be high enough off the water to avoid being a hazard to boaters. This would also be removed at the end of the sockeye collection operations in December. The ramp area would allow for removal of salmon from the traps and into a hauling truck. The hauling truck would transport sockeye from the subject location to the existing hatchery at Landsburg. At times, a boom truck may be used to facilitate trap handling. The ramp would also be used for launching small watercraft and would provide safe access to the Cedar River for the public (Exhibit 13). Broodstock _hexrpt OS-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility L.UA08-098, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 8 of 23 During Broodstock collection and weir operation, (mid -September to mid -December) personnel would be on site 7 days a week, 24 hours a day. To accommodate personnel, two portable trailers are purposed to be situated in the gravel area between Narco Road and the Cedar River. A larger 28-foot long trailer is proposed for living facilities and a smaller 12- foot storage trailer would be placed adjacent to the living quarters trailer for storage of equipment, clothing, refuse and recycling receptacles. Electricity for lighting and pumps would be provided along with a small 3/4 inch water line to provided potable water to the upper portion of the project site (Exhibit 14 & 20-22). The temporary trailer would also hook up to the water and electricity. A lighting system is proposed to meet the functional and safety requirements of the round-the-clock demands of fish collection. This system would be on a separate circuit, to be activated only during fish collection operations. SPU would also provided information signage on the Community Center side of the river (north bank) to help inform interested persons about salmon in the Cedar River and about the sockeye hatchery program. Also proposed is a kiosk that would be placed on the project side of the Cedar River adjacent to the Cedar River Trail to provide additional information and public outreach (Exhibit 15). During broodstock collection operations would occur from approximately 7:30 a.m. to 5:00 p.m. where a maximum of four people would sort fish from the trap into holding pens in the river. One to three times per day, fish would be moved to the transportation truck that would be located on the proposed ramp. Moving fish to the truck would be done by hand in soft fish tubes or mechanically. To mechanically transfer fish a boom truck would be required, this truck could lift the fish in a container and swing them over the transport tuck and pour the fish into the truck through a pipe. Once the truck is loaded, it and two to three people would leave the site to take the fish to the Cedar River Sockeye Hatchery at Landsburg. At least one person would remain at the weir site. The number of trips the fish transport truck would make each day would depend on the number of fish available, the number of fish already collected, staffing limitations, and other activities. The maximum number of round trips in a day is not expected to exceed four trips. SPU's goal is to collect enough fish through operations Monday through Friday, that there would be no fish hauling on Saturdays and Sundays. This would depend on the trapping success of the new weir. During some flow situations, a boat would be used to remove material from the weir. The boat would not be motorized and would be kept off site until water conditions require its use. When located on site and not in use, the boat would be secured in or on a temporary trailer. 2. ENVIRONMENTAL REVIEW A SEPA Determination of Significance was issued by the Seattle Public Utilities. A Final Environmental Impact Statement (FEIS) was issued on March 20, 2003 and a Supplemental Environmental Impact Statement (SEIS) was issued July 2005. Broodstock collection sites and weir designs were included within the FEIS. The adequacy of the FEIS and SEIS were appealed on five different occasions (as mentioned on page 5 of this report). As of June 2, 2008 the Washington State Supreme Court upheld the SEPA and FEIS documents, as such, the SEPA/EIS documents were deemed complete on March 20, 2003. Because of the nature and location of the proposed project, staff reviewed the impacts of the proposed project on critical areas. Critical Areas Staffs review of the project site identified six critical areas; A Class 1 stream, Fish and Wildlife Habitat, Steep Slopes, Seismic Hazard Area, Flood Hazard Area, and Aquifer Protection Zone 1. The aforementioned FEIS assessed environmental impacts including but not limited to Fish and Wildlife Habitat and the projects effects on the Cedar River. In addition to the FEIS, the applicants provided an additional Standard Stream Study and Hydraulic Analysis of the potential effects of a resistance board weir on Cedar River water Broodstock hexrpt 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, GU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 9 of 23 surface elevations (WSPLs), as well as geomorphic analysis of the potential for erosion and scour at the weir during high flows. The Stream Study and Hydraulic Analysis were prepared by Tetra Tech, dated October 31, 2007 and September 26, 2007 respectively. Shannon and Wilson inc. also provide an additional geotechnical report, dated May 13, 2008, specifically addressing the boat tether cable that is proposed to be mounted behind the existing retaining wall on the north bank of the Cedar River. Adverse impacts to Chinook and other fish species are likely to be avoided or minimized through monitoring and modifying weir operations over time. This has been done successfully at the existing weir at Cavanaugh Pond near the Landsburg site though operational protocols. The applicants are modifying the protocols for the proposed weir site in Renton, though consultation with the Cedar River Anadromous Fish Committee, including federal, tribal, and state fish management agencies. The act of "broodstock collection" would remove fish from the Cedar River and place them in the hatchery at Landsburg resulting in a reduction of fish within the Cedar River. The City of Renton has created a salmon spawning channel upstream of the proposed broodstock facility as mitigation for their Hydraulic Permit Approval #G1503-1. In order for the City of Renton to meet their mitigation requirements of the subject HPA a specific number of salmon (based on run size) are required to spawn with in the spawning channel each year. Because fish behavior is variable and the proposed project may have effect on salmon behavior, specifically spawning, and number of fish to reach the spawning channel; staff recommends as a condition of approval that prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife and the City of Renton shall be achieved as to resolve the concerns of SPU's broodstock facility on the City's ability to meet the requirements of the HPA. The subject site is located within and along side a Class 1 Stream, the Cedar River, at river mile 1.7. The City of Renton's Shoreline Master Program has designated the subject section of the Cedar River (river mile 1.7) as Urban Shoreline Environment. Pursuant to RMC 4-3- 090J the Objective of the Urban Environment is to ensure optimum utilization of shorelines within urbanized areas by providing for public use, especially access to and along the water's edge and by managing development so that it enhances and maintains shorelines for a multiplicity of viable and necessary urban uses. The Shoreline Master Program has also given priority to planning for public visual and physical access to water in the Urban Environment and encourages enhancement of the waterfront. To ensure maximum public use, the Shoreline Master Program requires, industrial and commercial facilities to be designed to permit pedestrian waterfront activities where practicable, and the various access points ought to be linked to noomoterized transportation routes such as bicycle and hiking paths. The proposed broodstock facility and associated access road would provide unobstructed public access to the shoreline from mid -December to mfd-September. When fish coliection is in progress at the subject site (mid -September to mid -December) to the site a provision would be made to continue public access with minimal obstruction. In addition, the proposed access road is located adjacent to the Cedar River Trail, a non -motorized transportation route. The broodstock facility and associated access road meets the objectives and priorities expressed within the Shoreline Master Program Urban Environment. The proposed access road would be constructed up to the ordinary high water mark of the Cedar River but not beyond, the weir would be placed within the river. The applicant has applied for a Substantial Shoreline Development Permit for the work within the Cedar River. Renton's Shoreline Master Program does not have a specific buffer for a Class 1 stream; as such, the work up to the ordinary high water mark is not within a stream buffer area. Although, the project would permanently impact 717 square feet of priority habitat area of riparian vegetation within 25 feet of the ordinary high water mark of a Shoreline of the State. The applicants have proposed a mitigation plan to compensate for the permanent impact; which includes the enhancement of approximately 1,400 square feet of adjacent area. Non- native vegetation would be removed from the understory and replaced with a mix of native trees and shrubs. To minimize encroachment of invasive species from the surrounding areas: the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored Broodstock hexrpt 09-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, U--H, SM PUBLIC HEARING DATE August 12, 2008 Page 10 of 23 with native trees, shrubs and groundcover_ To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan (Exhibit 17-19). The FEMA Flood Insurance Rate Maps indicate that the subject site is within a 100-year Flood Hazard Area. The applicant provided a Hydraulic Analysis of the potential effects of the weir on the Cedar River at the subject location. The weir is a lightweight temporary structure that can be easily damaged by high flows. Therefore, the weir would be lowered when flows exceed a target flow of 1,500 cubic feet per second (cfs). The Hydraulic Analysis indicated the operation plan for the weir would be to remove the weir from the river, when large flood events are anticipated. This protocol would ensure that the weir is not damaged and there would be no impedance to the river that might exacerbate flood elevations. The maximum weir elevation examined in the hydraulic analysis is the elevation that occurs at a flow of 1,500 efs. However, Tetra Tech expressed that there is no explicit modeling method for computing the head loss through a resistance -board weir. Therefore, they used three different modeling methods to determine the water surface elevations (WSELs). Based on the results of several analytical approaches the expected rise of WSELs due to the weir, is no more then 0.4 feet in the vicinity of the weir for low flows and would likely be less then 0.4 feet at high flows, when the weir is unlikely to have much if any effect. With regard to concerns about the weirs effects on erosion and/or scour of the river bed and/or banks, Tetra Tech provide a Geomorphic Analysis using empirical evidence from Alaska and California, where similar projects exist. The conclusion of this analysis indicates that no major scour has ever been observed during the operation of the weirs in California or Alaska. The applicant is proposing to closely monitor the geomorphic conditions in the river during operations of the weir. If needed, the substrate rail can be removed at the end of the fishing season or in the event of a major flood to eliminate the potential for scour. The Geologic Hazards include sensitive and protected slopes and seismic hazards. The proposed access road would start at Narco Road and cross the Cedar River Trail at the front edge of a terrace above the river, and then curve down the terrace slope to a lower terrace that is within the active flood plain of the river. This access road to the Cedar River would require some grading work, the estimated cut material is 380 cubic yards (Exhibit 11). Pursuant to the proposed grading plan, the access road would not be within the area of protected slopes (slopes with a grade of 40 percent or greater) (Exhibit 30). The applicants have proposed an erosion control plan to protect the Cedar River and provide erosion and sediment control (Exhibit 7 & 8). The plan includes such erosion control measures as silt fence installation, Bio-Bag and clearly marked boundaries to minimize accidental intrusion into the fish and wildlife habitat area during construction (Exhibit 16). It is anticipated that access road construction activities may cause slope instability and/or erosion. In the event that construction activities do result in slope instability and/or erosion, staff recommends as a condition of approval that the applicant provide a slope enhancement and restoration plan including maintenance and monitoring. The subject site is located in area of known archeological significance. Prehistoric use of and habitation near the mouth of the Cedar River Valley has been documented by previously investigated site in the vicinity of the project area. The applicants provided a "Cultural Resources Assessment for the Cedar River Sockeye Broodstock Site" prepared for Seattle Public Utilities, by Jana L. Boersema, of Cascadia Archaeology, Seattle, WA. The cultural resource survey of the project area included a pedestrian surface survey of the proposed access road and where possible, the perimeter of the limit of work (Exhibit 26). No prehistoric cultural material was observed in the survey although, a number of historic objectswere observed on the surface and In shovel probes through out the project area. These objects were generally insignificant fragments of metal, glass, coal, and brick and cement rubble. The report concluded it would be unlikely that construction of the road would cause disturbance to intact deposits containing significant prehistoric or historic cultural material. However, uncovering previously unrecognized cultural material during construction activities is still a possibility; as such, staff recommends as a condition of approval if any Native American grave(s) or archaeologicalicultural resources are found all construction activity shall stop and the developer shall notify appropriate local and state agencies. Broodstock hexrpt08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPUBroodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE" August 12, 2008 Page 11 of 23 The subject site is vacant land that is primarily vegetated with native and invasive plants and shrubs, and Black Cottonwood tree species. Within the project vicinity approximately 14 trees of 6-inch caliper or greater exist (Exhibit 9). The project would require the removal of 5 trees, three of which are within 25 feet of the Cedar River (two red alders, 7-inch and 10-inch caliper, two poplar, 18-inch diameter and one 12-inch big leaf maple). All the trees proposed to be removed are within the riparian shoreline area of the Cedar River. All trees proposed to be retained would be protected during construction with fencing and signage. SPU is proposing to replace all five trees at a ratio of 2:1. The proposed mitigation and enhancement plan proposes the planting of 29 new trees, 8 of which are Black Cottonwood, 3 Sitka Spruce, 8 Douglas Fir, and 10 Western Red Cedar. 3. COMPLIANCE WITH ERC MITIGATION MEASURES NIA 4. STAFF REVIEW COMMENTS E Representatives from various city departments have reviewed the application materials to identify and address site plan issues from 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 the report. CONSISTENCY WITH SITE PLAN CRITERIA: Pursuant to RMC 4-9-200.E, "The Reviewing Official shall review and act upon site plans based upon comprehensive planning considerations and the following criteria. These criteria are objectives of good site plans to be aimed for in development within the City of Renton. However, strict compliance with any one or more particular criterion may not be necessary or reasonable. These criteria also provide a frame of reference for the applicant in developing a site, but are not intended to be inflexible standards or to discourage creativity and innovation." The site plan review criteria include, but are not limited to, the following: (a) Conformance with the Comprehensive Plan. The subject site is designated Commercial/Office/Residential (COR) on the Comprehensive Plan Land Use map. The COR designation provides opportunities for large-scale office, commercial, retail, and multi- family projects developed through a master plan and site plan process incorporating significant site amenities and/or gateway features. The proposed project would not be consistent with the COR Comprehensive Plan Land Use designation. Due to the use of grant monies to purchase the subject property, its potential for development has been restricted to recreational uses. The subject site is also incorporated into the Tri-Parks Master Plan, adopted by the City Council September 25, 2006. The COR designation does not address park properties within its purpose statement resufting in non-compliance with the Comprehensive Plan. In addition, the size and shape of the property does not provide a site conducive to large-scale office, commercial, retail, and/or multi -family development. Therefore, staff has found that any development proposed on the site would not comply with the Comprehensive Plan designation. The site being used as a broodstock facility and Cedar River access point would be the most accommodating use of the site with regard to policy. The flowing Comprehensive Plan Policies and Objectives do apply to the subject project: Objective EN-C: Protect and enhance the City's rivers, major and minor creeks and intermittent stream courses. ✓Policy Objective Met i ; Not Met Policy EN-5: Degraded channels and banks should be rehabilitated by public programs and new development. Broodstock_hexrpt08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, GU-H, V-H, SM PUBLIC HEARING DA TE August 12, 2008 Page 12 of 23 ✓Policy Objective Met U Not Met Objective EN-K: Protect and enhance wildlife habitat throughout the City - ,/ Policy Objective Met ❑ Not Met Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. ✓Policy Objective Met ❑ Not Met Policy P-3: Develop a variety of active and passive facilities in a coordinated system of neighborhood and community parks. ✓Policy Objective Met J Not Met Policy P-52: Multiple uses of public open space should be provided. Interconnect the open space network. Include lands such as active and passive parks, schools, public open space, trails, private open spaces and native vegetation easements with public access easements, utility rights -of -way, waterways, and unusual open spaces (areas of protected habitat). -'Policy Objective Met n Not Met Policy P-55: Where feasible, encourage educational opportunities in public open space areas. -'Policy Objective Met 11 Not Met Policy P-104: Provide nature interpretation programs to increase awareness, understanding and appreciation of Renton's wildlife and natural resource areas. ✓Policy Objective Met ❑ Not Met (b) Conformance with Zoning Regulations. The proposed broodstock collection facility and Cedar River access point is located within the Commercial/Office/Residential (COR) zoning designation and the Resource Conservation (RC) zoning designation. The majority of the project is within the COR zone except a small portion of the access drive and the temporary staging area for the broodstock collection staff. The purpose of the COR zone 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. It is intended to implement the Commercial/Office/Residential Land Use Comprehensive Plan designation. 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 GDR Zone. The purpose of the RC zone is to provide a very low -density residential zone that endeavors to provide some residential use of lands characterized by extensive critical areas or lands with agricultural uses. It is intended to implement the Low Density Residential Comprehensive Plan designation. This zone promotes uses that are compatible with the functions and values of designated critical areas and allows for continued production of food and agricultural products. The COR zone did not specifically address the "use" broodstock facilities; as such, a Policy Decision was issued on April 28, 2008 by the Development Serviced Director, determining that broodstock facilities are similar in character to the definition of Natural Resource Extraction/Recovery (No appeals were filed for this determination). Therefore, a broodstock collection facility would be allowed in the COR zone subject to a Hearing Examiner Conditional Use Permit. The only portion of the project that is within the RC zoning designation is a small part of the access road and a staging area for the crew that would operate the broodstock facility. This has been determined to be considered and accessory use to the Natural Resources Extraction/Recovery that is allowed in the RC zone subject to a Hearing Examiner Conditional Use Permit. Broodstock_hexrpt 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-N, V-H, SM PUBLIC NEARING DATE August 12, 2008 Page 13 of 23 The applicant contends the proposed broodstock facility is intended to facilitate in the recovery of a natural resource (salmon) by providing a mechanism to enhance the population of the fish. Density — When development involves residential, the minimum density in the COR zone is 30 dwelling units per net acre and the maximum is 50 dwelling units per net acre. As the project does not contain a residential component, the development is not subject to the density limitations of the COR zone. Lot Coverage - The COR zone allows building coverage to a maximum of 65% of the total lot area or 75% if parking is provided within the building or within a parking garage. As the project does not contain any permanent structures, the project would have a zero percent building coverage, which would comply with lot coverage requirements. Setbacks — The CDR zone setback regulations are determined through site plan review. The subject application does not have any permanent structures to be setback from property lines; therefore, setbacks are not applicable to the subject proposal. Landscaping — The COR zone on -site landscaping regulations are determined through site plan review. The subject project does not propose any formal landscaping although; the applicants have proposed shoreline vegetation enhancement and restoration as part of a mitigation plan for the 717 square feet of permanently impacted shoreline habitat area and 231 square feet of temporarily impacted area. The 231 square foot temporarily impacted area is proposed to be reseeded, upon completion of construction. In addition, the mitigation proposal includes the enhancement of approximately 1,400 square feet of adjacent area; non-native vegetation would be removed from the understory (including Himalayan blackberry, Evergreen blackberry, Japanese knotweed, English ivy, English holly, Scotch broom, morning-glory and bittersweet nightshade) and replaced with a mix of native trees and shrubs. The proposed plantings include 39 trees, 533 shrubs and 8.5 pounds of seed. The proposed trees include 10 Black Cottonwood, 5 Sitka Spruce, 11 Douglas Fir and 13 Western Red Cedar. The shrubs include 47 Vine Maple, 13 Serviceberry, 20 Dogwood, 26 Beaked Hazelnut, 42 Oceanspray, 26 Twinberry, 46 Snowberry, 32 Red Flowering Currant, 9 Sitka Willow, 136 Sand Strawberry and 136 Sword Fern. The seed includes 47% Blue Wildrye, 40% Red Fescue, 10% Tufted Hairgrass, 2% Western Mannagrass and 1% American Sloughgrass. To minimize encroachment of invasive species from the surrounding areas the entire project limit of work would be cleared of invasive weeds and replanted with native species. In total approximately 9,950 square feet of additional area would be restored with native trees, shrubs and groundcover. To ensure the success of this enhancement plan the applicant has proposed a five-year monitoring and maintenance plan. Staff recommends as a condition of approval that the applicant comply with the recommendations and five-year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages 1-1-1-5 of the provide permit set. Height --- The CDR zone permits a maximum building height of 10 stories andlor 125 feet. The subject application does not propose any permanent structures; therefore, height restrictions are not applicable to the subject proposal. Pedestrian Access — The CDR zone pedestrian access regulations are determined through site plan review The subject proposal allows for improved pedestrian access to the Cedar River where historically citizens have been using the site to access the river without a designated pathway. The improved access drive would preserve and enhance the native vegetation on the site in the shoreline area by providing an easy accessible path to the waters edge. The subject project is proposed to serve as pedestrian access point for the Cedar River in addition to an access point for SPU's broodstock colfection facility. The access drive would provide safe and easy access to the Cedar River for foot traffic that is not currently available on the south side of the Cedar River. The access drive would be accessed by pedestrians via the Cedar River Trail, a regional pedestrian trail system. The access drive would also be utilized as a pedestrian access point for the launch of small non- Broodstock hexrpt 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 14 of 23 motorized water craft such as row boats, kayaks, canoes, and inner tubes for recreational water activities in the Cedar River_ The only vehicular access permitted on the subject drive would be the fish transport truck for SPU to move broodstock from the subject site to their Fish Hatchery at Landsburg, and possibly a hydraulic lift vehicle for transporting fish from the traps to the transport tuck. The public access point would not preclude pedestrians when the fish transport tuck is entering or leaving the access driveway. Parking/Circulation — The parking regulations do not address parking requirements for "Natural Resource Extraction/Recovery" and/or outdoor recreational activities. The applicant has proposed to utilize the existing parking for Narco Park. Staff recommends approval of the proposed parking plan for the following reasons: The newly created access point to the Cedar River is an improvement to the existing facility and does not create a new use at the site therefore; the access point would not increase demand for parking. Second, the broodstock facility is a temporary facility that would be utilizing the Narco parking area for approximately three months (mid -September to mid - December). Broodstock collection would be in progress after the peak summer season (Memorial Day through Labor Day) for park use. As such, the demand on the existing parking lot would be less and therefore, sufficient parking space would be available. In addition, the Tri-Park Master Plan has indicated that Narco Park would expand its parking significantly in the future, as part of the plan to redevelop the park per the Master Plan. Expanding or requiring changes to the existing parking lot at this time may be inconsistent with the Tri-Park Master Plan and therefore, would have to be removed at a later date, increasing cost to the City. The proposed access drive is across two parcels one of which is owed by WSDOT and the other is owned by the City of Renton. To ensure that SPU has permission to utilize the proposed access facility, staff recommends as a condition of approval that the applicant successfully obtain access easements from WSDOT and the City of Renton. (c) Mitigation of impacts to surrounding properties and uses. The potential impacts of the subject proposal to surrounding properties include visual impacts to the Renton Community Center and the activities that take place in the Cedar River Park. The visual impacts are proposed to be mitigated in the following manner: the applicant has proposed the smallest possible access drive to achieve their goal of broodstock collection, which results in the least amount of vegetation removal as possible (Exhibit 28 & 29). The applicant is preserving as many trees as possible along the south bank in addition they are providing additional plantings to mitigate for permanent impacts to the area (see criterion '(b)' above). To mitigate for the weir's visual impacts the applicants are proposing public outreach and education. This includes fixed interpretive and educational panels, two 2-foot by 3-foot freestanding panels along the river's right bank above the weir. Panel one would be entitled "Lifestyles of the Fish and Famous" addressing what is in the river (sockeye, Chinook, coho, steelhead, rainbow trout, suckers, cutthroat, and whitefish), when they are in the river, developmental phases in the river, diagram of life cycle of anadromouslfreshwater fish, and sockeye in the Cedar River. Luring broodstock collection (the only time the weir would be in the river) the above sign would be replaced with a interruptive sign addressing broodstock operation, hatchery, Muckleshoot Indian TribeIWDFW co -managers of sockeye fishery, adaptive management, and sockeye life cycle. The second sign would be entitled "Born to be Wild: Native habitats and plants". This sign would include information on plant identification and specific animals they support, erosion control, riparian zones, how people can help salmon and native habitat at home. In addition to the interpretive signs, SPU is also proposing an interpretive kiosk on the left bank overlooking the broodstock weir. The four - panel kiosk would include five main topics, with the last two installed on a rotating basis, depending on if the weir is in operation. The five topics are as follows: 1) Overview of the regional trail system, 2) Rules and Regulations, 3) History of land ownership and use. 4) Sockeye in the Cedar (seasonal sign posted during collection phase), and 5) Source to Sound and Faucet (posted when not collecting sockeye), Over time, the subject signs may Broodstock_hexrpi 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 15 of 23 deteriorate and/or be vandalized and repair and maintenance would be needed. To ensure that the proposed educational outreach signs and kiosk remain in good repair, staff recommends as a condition of approval that SPU be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. (d) Mitigation of impacts of the proposed site plan to the site. The site plan would have impacts on a shoreline of the state as discussed above (in criterion 'b'). A mitigation plan has been proposed including a five year maintenance and monitoring plan. Construction activities related to the initial development of the project would be required to utilize best management practices through code requirements for an approved Temporary Erosion and Sedimentation Control Plan (TESCP). This includes but is not limited to silt fencing, Bio-Bags and a Turbidity Curtain- (e) Conservation of area -wide property values. The proposed community access and broodstock collection would enhance what is a currently a vacant and unimproved site. The project is expected to conserve and potentially enhance area -wide property values, with the addition of a new pedestrian access point to the Cedar River. The shoreline enhancement/mitigation plan would remove invasive species from the project site, which is anticipated to improve the quality of the subject property resulting in increased property values. Moreover, the existing vacant site has indications of vagrants using the property as a "resting place" in addition the site has been scattered with litter. The location of an access facility on this site would increase visibility and pedestrian activity keeping the area safer. The mitigation proposal would clear the site of trash and during broodstock collection there would be staff members on site 24 hours a day 7 days a week, resulting in added security. (0 Safety and efficiency of vehicle and pedestrian circulation. Ingress to the site is proposed from Narco Road on the south side of the Cedar River to the rivers edge by crossing the Cedar River Trail down the south bank of the Cedar River. The applicant has proposed to place removable bollards along the south side of the Cedar River Trail to prevent unauthorized vehicles from accessing the drive_ The drivers of the fish transport tuck would yield to pedestrian traffic on the Cedar River Trail, which would ensure safe and efficient vehicular and pedestrian circulation. During construction of the access roadway, the Cedar River Trail would be temporally closed. The applicant has proposed to provide a pedestrian detour around the construction site with temporary asphalt and signage (Exhibit 10). Staff has determined the detour and signage would be satisfactory for pedestrians using the trail on a regular basis. Although, the City of Renton uses the Cedar River Trail for public sponsored events annually, some of which are Renton River Days and the Candy Cane Fun Run. In order to ensure construction of the access drive does not interfere with public sponsored events; staff recommend as a condition of approval that site construction be timed to not interfere with City sponsored public events planed along the subject portion of the Cedar River Trail. The weir would be placed within the Cedar River, which supports non -motorized boat traffics and moderate recreational use, especially in the summer months. A boat passage cap in the weir structure would allow for safe boat passage and other forms of non -motorized water craft movement over the top of the weir. The weir has many safety aspects inherent in its design for passing objects and not trapping surface objects and safety would be augmented with operational elements (monitoring, cleaning, etc.), buoys, safety lights, and warning signs. Signs for river users would be posted upriver at Riverview Park and along the riverbank between Riverview Park and the weir. The applicant indicated that throughout the season, the weir and its operation would be evaluated to identify potential risks and immediate action would be undertaken to eliminate or minimize those risks. In addition, there would be signage installed on the shore and around the weir warning the public of the dangers associated with walking on the weir. In addition, there are safety concerns for the proposed cable that is proposed to be seven feet above the ordinary high water mark (OHWM) of the Cedar River. During higher flows the seven foot clearance would be reduced causing safety issues to recreational boaters and kayakers who frequently use the river, specially during higher flows. Do to the number of Broodstock_hexrpt O8-018 City of Renton Department of Community 8 Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facifiy LUA08-018, SA-H, CU-H, V-H, SM PUBLIC NEARING DATE August 12, 2008 Page 18 of 23 safety concerns to pedestrians and recreational boaters, staff recommends as a condition of approval that a safety management plan be provided to the City of Renton for review and approval. (g) Provision of adequate light and air. The subject project does not propose any permanent structures. Do to the nature of the proposed project, staff expects the project site would provide for adequate light and air_ The applicants submitted a lighting plan for the subject site that indicates three light poles would be provided on site. The first two are located along the south side of the access drive the third is located south of the ordinary high water mark of the Cedar River and west of the access drive. The third pole has two lights mounted; one to illuminate the access drive the other to illuminate the weir. The proposed lighting plan appears adequate to sufficiently light the area of work during periods of low light. In addition, the applicant provided a luminaire schematic (Exhibit 25) that indicates all proposed light fixtures would cast light within the property boundaries of the subject site; except for one of the proposed lights on pole number 3. This light would shine out into the Cedar River to illuminate the weir, as to aid the workers in clearing and/or cleaning the weir of debris at any time of day. This light would only be used when necessary in order to prevent adverse affects on aquatic life within the Cedar River. (h) Mitigation of noise, odors and other harmful or unhealthy conditions. It is anticipated that noise and air quality (dust) impacts consistent with typical construction practices would result from the initial construction of the site. These short-term impacts would be mitigated by the applicant's construction mitigation plan. In addition, the applicant would be required to comply with existing code provisions that establish the allowed hours of construction activities for projects to weekdays between the hours of 7:00 am and 8:00 pm. Construction activities are not permitted prior to 9:00 am on Saturdays or after 8:00 pm and no work is permitted on Sundays. During broodstock collection, the applicant has proposed to locate refuse and recycling containers for staff within the utility/equipment trailer. The contents of the refuse and recycling containers would be removed weekly (or more frequently if necessary) and managed off -site. There would be a wastewater holding tank built in to the "residential" trailer in order to provide restroom facilities to staff. Wastewater tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. As proposed, staff does not expect the refuse, recycling or wastewater tank to create any harmful or unhealthy conditions. Upon project construction, staff does not expect the proposed development to generate any harmful or unhealthy conditions. Noise impacts associated with increased traffic and activities resulting from the completed project would not increase significantly above existing conditions in this area of the City. (i) Availability of public services and facilities to accommodate the proposed use. Fire Department and Police staff indicated existing facilities are adequate to accommodate the subject proposal. The project would not require the use of a sanitary sewer connection. Restrooms would be provided for broodstock collection staff within the temporary trailer. The applicants have indicated the waste water holding tank within the trailer would be pumped once a week or as needed. Seattle Public Utilities is proposing to extend water service and electricity to the site. The combination of existing facilities and proposed facilities would accommodate the proposed use. 0) Prevention of neighborhood deterioration and blight. The proposal would redevelop an existing vacant site. The development would include the construction of a new access point on the Cedar River from an existing pedestrian trail (Cedar River Trail) with associated native landscaping improvements (see criterion 'e' above). The improvements planned within this project proposal are expected to increase property values; therefore, staff does not anticipate neighborhood deterioration or blight to occur as a result of this proposal. Broodstock_hexrpt 08-018 City of Renton Department of Community & Economic Development Prefiminary Report to the Hearing Examiner 5PU broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PURUC HEARING DATE August 1Z 2008 Page 17 of 23 6. CONSISTENCY WITH CONDITIONAL USE CRITERIA: Section 4-9-030.G fists 11 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Conditional Use application_ These include the following: (1) CONSISTENCY WITH THE COMPREHENSIVE PLAN, ZONING CODE & OTHER ORDINANCES: The proposed use shall be compatible with the general purpose, goals, objectives and standard of the Comprehensive Plan, the Zoning Ordinance and any other plan, program, map or ordinance of the City of Renton. (a) Comprehensive Plan Land Use Element The subject site is designated Commercial/Office/Residential (COR) and Residential Low Density on the City's Comprehensive Plan Land Use Map. See staff's consistency evaluation in "Site Plan Consistency" section 5 above. (b) Zoning Code See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. (c) Development Standards See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. (2) COMMUNITY NEED: There shall be a community need for the proposed use at the proposed location. In the determination of community need, the Hearing Examiner shall consider the following factors, among all other relevant information: (a) The proposed location shall not result in either the detrimental over concentration of a particular use within the City or within the immediate area of the proposed use. The applicant contends that the proposed location of the broodstock facility would not result in the over -concentration of this type of facility within the City of Renton. There can be only one fish collection facility of this type on the Cedar River within the City of Renton and the immediate area. Staff concurs that there are no other existing or proposed broodstock facilities with in the City of Renton; as such, an over concentration of broodstock facilities is not anticipated. (b) That the proposed location is suited for the proposed use. The applicant contends the proposed location is well suited for a public access point and the broodsock collection facility. The access point would be across the river from the Cedar River Park and adjacent to a public parking lot that is primarily used for the Cedar River Trail access and parking. In addition, the applicant has indicated that the proposed project would benefit the community at large. The construction of a trail to the edge of the Cedar River would allow public access to the river. The access can serve as a boat launch for small non -motorized boats such as kayaks or canoes that can be carried from the upper parking lot to the river. The removable weir would be in place from mid -September to mid -December and would be stored off -site when not in use, providing full and unobstructed access more than eight months out of the year. Staff concurs with the applicants conclusions that the proposed project would benefit the community at large. The project is proposed at a location suited for the proposed use and would not result in an over concentration of a particular use within the City. Bruodstuck hexrpt 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-N CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2006 Page 18 of 23 (3) EFFECT ON ADJACENT PROPERTIES: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. The following site requirements shall be required: (a) Lot Coverage. Lot coverage shall conform to the requirements of zone in which the proposed use is to be located. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. (b) Yards: Yards shall conform to the requirements of the zone in which the proposed use is to be located. Additions to the structure shall not be allowed in any required yard. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. (c) Height: Building and structure heights shall conform to the requirements of the zone in which the proposed use is to be located. Spires, beiltowers, public utility antennas or similar structure may exceed the height requirement upon approval of a variance. Building heights should be related to surrounding used in order to allow optimal sunlight and ventilation, and minimal obstruction of views from adjacent structures. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. The applicant contends the proposed facility would not result in substantial or undue adverse effects on adjacent property; because the proposed facility is compatible with 1-405, the Cedar River Park, and Narco Park, which are all properties within close proximity to the subject site. Staff concurs with the applicants conclusions that there would not be substantial or undue adverse effects on adjacent property. (4) COMPATIBILITY: The proposed use shall be compatible with the residential scale and character of the neighborhood: The applicant contends that the proposed use is compatible with the residential scale and character of the neighborhood. There are no residences in the immediate area of the proposed facility and the access road would be located off of the existing Narco Road, which currently is blocked to vehicle traffic immediately east of the access point. Staff has reviewed the proposal and concurs with the applicant; that the proposed use would be compatible with the scale and character of the neighborhood. Although, the subject project includes some inherent unpredictably as to how it functions and its compatibiSity to the site and surrounding areas; as such, staff recommends as a condition of approval that the Conditional Use Permit be limited to a time frame of five years. (5) PARKING: The proposal does not include any parking spaces. A 15 to 20-foot wide drive aisle is proposed and it is anticipated that the fish transport truck would park in the drive aisle. The applicant has indicted that the existing parking lot that is used to access the Cedar River Trail, would be used for staff parking and for the temporary trailers. It is anticipated that in addition to the temporary trailers, 2 to 4 parking spaces would be used by the broodstock facility employees while collection is in process. See Conformance with Zoning Regulation (b) evaluation in "Site Plan Consistency" section 5 above. Broodstock_hexrpt 08-01 8 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, GU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 19 of 23 (6) TRAFFIC: Traffic and circulation patterns of vehicles and pedestrians relating to the proposed use and surrounding area shall be reviewed for potential effects on, and to ensure safe movement in the surrounding area. The applicant contends the project would have some impacts to both vehicle and pedestrian/bicycle traffic in the parking lot area during the collection period. From one to three times a day, the fish hauling truck would access the site via the parking lot and cross the Cedar River Trail to drive down the river. Signs would be mounted in both directions on the trail warning users approaching the site of potential truck crossing ahead. See additional evaluation above in "Site Plan Consistency" section 5, Safety and efficiency of vehicle and pedestrian circulation. (7) NOISE, GLARE. Potential noise, light and glare impacts shall be evaluated based on the location of the proposed use on the lot and the location of on -site parking areas, outdoor recreational areas and refuse storage areas. The applicant contends the operation of the broodstock facility would create some additional noise, but given the close proximity to 1-405 it should be neglible. The proposed lighting system would be designed to meet the functional and safety requirements of the round-the-clock demand of the fish collection program. The fixtures have been selected and sited to minimize glare and to be visually recessive in the landscape. The system would be on a separate circuit, to be activated only during fish collection operations. See additional evaluation above in Site Plan Consistency section 5. (g) "Provision of adequate light and air''. (8) LANDSCAPING: Landscaping shall be provided in all areas not occupied by building or paving, The Hearing Examiner may require additional landscaping to buffer adjacent properties from potentially adverse effects of the proposed use. The applicant has indicated that a comprehensive landscaping plan has been proposed for the project site. The plan includes the clearing of noxious weeds (blackberry, Japanese knotweed, ect.) and replanting the area with native and non- invasive trees, shrubs and other plants species. Staff recommends approval of the landscaping/mitigation plan as the majority of the project is within critical areas. See "Conformance with Zoning Regulations" (b) evaluation in 'Site Plan Consistency" section 5 above. (9) ACCESSORY USES. - Accessory uses to conditional uses such as day schools, auditoriums used for social and sport activities, health centers, convents, preschool facilities, convalescent homes and others of a similar nature shall be considered to be separate uses and shall be subject to the provisions of the use district in which they are located. The applicant contends there are no accessory uses planned for this site. For the purposes of staffs evaluation, the temporary trailers are considered an accessory use to "Natural Resource Extra ctionlRecovery" within the RC zone. Accessory uses to "Natural Resource Extraction/Recovery" is allowed within the RC zone subject to the approval of a Conditional Use Permit. Staff is recommending approval of the Conditional Use Permit. (10) CONVERSION: No existing building or structure shall be converted to a conditional use unless such building or structure complies, or is brought into compliance, with the provisions of this Chapter. No conversion is proposed. Broodstock hexrpt 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 20 of 23 (11 ) PUBLIC IMPROVEMENTS: The proposed use and location shall be adequately served by and not impose an undue burden on any public improvements, facilities, utilities, and services- Approval of a conditional use permit may be conditional upon the provision and/or guarantee by the applicant of necessary public improvements, facilities, utilities, and/or services. The applicant contends the proposed project would not impose undue burden on any public improvements, facilities, utilities or services. During the fish collection season, a portable trailer would be located onsite to house operation staff 24 hours a day, 7 days a week. In addition, a smaller equipment trailer would be placed adjacent to the living quarters to allow for storage of equipment and clothing. A 3/-inch water service would be installed to provide potable water to the upper portion of the project site. Refuse and recycling containers would be placed in the utility/equipment trailer and their contents would be removed weekly and managed off -site. Restroom facilities would be located in the trailer designated as temporary living space. There would be a waste water holding tank built into the trailer as well as an auxiliary tank located beneath the trailer. Tanks would be pumped out weekly (or more frequently if necessary) by a licensed provider of such services. All utilities would be separately metered and usage would be paid for by SPU. 7. CONSISTENCY WITH VARIANCE CRITERIA - Section 4-9-250B.10 Lists 10 criteria that the Hearing Examiner is asked to consider, along with all other relevant information, in making a decision on a Variance application. These include the following: (1 ) Public policies have been evaluated and it has been determined by the Department Administrator that the public's health, safety, and welfare is best served: The applicant contends the subject project is consistent with the Comprehensive Plan specifically the following policies: Policy EN-2: Manage water resources for multiple uses including recreation, fish and wildlife, flood protection, erosion control, water supply energy production and open space. Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. In addition, the applicant has committed to operate a sockeye hatchery on the Cedar River and build new facilities in response to State concerns over the blockage of the Cedar River to sockeye above the Landsburg Dam, under the Landsburg Mitigation Agreement with the State of Washington, the Muckleshoot Tribe and federal agencies. One of the key facilities necessary to meet these goals is the broodstock collection facility. The existing facility is too far upstream and is not structurally sound during high flow conditions and collection must be terminated prior to the end of the sockeye run, compromising biological and production goals. The new design is capable of withstanding higher flows, which would allow SPU to extend the collection period. Staff has reviewed the request and concurs that the placement of the broodstock facility along Cedar River near 1-405 crossing is the best location to serve the public's health, safety, and welfare- If order to utilize the subject location for this purpose the least amount of trees to remove would be five. The applicant is requesting the minimum necessary to construct a functioning broodstock facility and Cedar River access facility. Broodstock_hexrpt 08-018 City of Renton Department of Community & Fconomic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 21 of 23 (2) Each facility must conform to the Comprehensive Land Use Plan and with any adopted public programs and policies: The project is located in an area primarily designated as Commercial/Office/Residential and borders on a Resource Conservation zone. The two land use policies of particular relevance to the proposed project are as follows: Policy LU-62: Natural and cultural resources should be identified by project proponents when applying for land use approval, as part of the application submitted for review; and Policy LU-90: Siting of regional facilities that are specialized (e.g_ landfills, maintenance shops) or serve a limited segment of the population (e.g. justice centers) should rely more strongly on the special locational needs of the facility and the compatibility of the facility with surrounding uses. The applicant has indicated the proposed broodstock collection is a very specialized regional facility that must be located on the river. The adjacent land uses, the 1-405 transportation corridor and Renton's Narco Park are compatible with the proposed facility. Staff has reviewed the subject proposal and has determined the proposal conforms to the Comprehensive Land Use Plan and the Tri-Parks Master Plan. As such, staff concurs with the applicants conclusions. The removal of the five trees in the shoreline area would be necessary for the broodstock project and access facility to be constructed. The applicant has provided a mitigation plan that includes enhancement of the shoreline for the loss of trees and five -years of maintenance and monitoring. (3) Each facility must serve established, identified public needs, - The applicant contends that the proposed project serves established, identified public needs as shown in the Landsburg Mitigation Agreement and in the City of Renton's Comprehensive Plan Policy EN-53: Re-establish self-sustaining fisheries resources in appropriate rivers and creeks through encouragement of hatcheries and salmonid use. Staff has reviewed the variance request and concurs that the removal of five trees to provide a broodstock facility and public access facility would serve an established and identified public need. (4) No practical alternative exists to meet the needs: SPU considered the following alternatives: A) SPU contends that relocating the driveway within the proposed location further east or west would result in the loss of additional and/or larger trees. B) In addition, SPU contends that if no trees are removed then there would be no driveway to the water's edge. Fish could not be moved by crane from the river to a truck. Thousands of salmon would be transported by hand from the river to the roadway, which would be much more stressful to the captured sockeye, much more time consuming and riskier for the workers transporting the fish. Based on the applicant's justification for the site selection, staff concurs that the proposed variance is the minimum necessary to accomplish the desired purpose. (5) The proposed action takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts: The applicant has indicated that the lost trees would be replaced at a 2:1 ratio. The proposed driveway has been located to avoid to very large cottonwood trees. The applicant proposes to compensate for the permanent loss of 717 square feet of riparian vegetation in the shoreline area by enhancing 1,400 square feet of adjacent buffer. The enhancement activities include removing non-native trees, including a Broodstock_hexrpt 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Hearing Examiner SPU Broodstock Facility _ LUA08-018, SA-H, CU-H, V-H, SM PUBLIC HEARING DATE August I Z 2008 Page 22 of 23 substantial number of conifers. In addition, approximately 9,950 square feet of additional area would undergo invasive species removal and would be restored with native trees, shrubs, and groundcover_ Staff concurs with the applicant's conclusions that the project proposal takes affirmative and appropriate measures to minimize and compensate for unavoidable impacts. (6) The proposed activity results in no net foss of regulated wetland or streamhake area, value, or function in the drainage basin where the wetland, stream or lake is located: The applicant contends that the proposed project does not result in a net loss of regulated wetland or streamllake area, value or function. The proposed project would remove five trees (poplar, red alder and big leaf maple). The vegetation would be restored in the manner describe under criterion 5 above. Staff has reviewed the mitigation proposal and concurs that the project would not result in a net loss of regulated wetland or streamilake area, value or function. (7) The proposed activities would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State: The applicant contends that the proposed project is designated to enhance salmon recovery in the Cedar River. The proposed action requiring a variance would not jeopardize the continued existence of endangered, threatened or sensitive species. Staff concurs with the applicant's conclusion that the proposed activity would not jeopardize the continued existence of endangered, threatened or sensitive species as listed by the Federal government or the State. (8) That the proposed activities would not cause significant degradation of groundwater or surface water quality. - The applicant contends that the proposed activities would have no effect on groundwater, and they would not cause degradation of surface water quality. Staff concurs that the proposed activities would have no effect on groundwater or surface water quality. (9) The approval as determined by the Hearing Examiner is a minimum variance that would accomplish the desired purpose: The applicant contends that this is the minimum variance necessary. The variance would allow a driveway to be built to the river's edge. The driveway would be sited to avoid removing even larger existing cottonwood trees. If the applicant only removed the three trees in the direct path of the driveway and access road, the remaining two trees would be a hazard to workers, as the root zone would be severely damaged and leave the trees vulnerable to falling. Staff has reviewed the proposal and concurs with the applicant's conclusions that the removal of five trees within the shoreline area is the minimum necessary to accomplish the desired purpose. (10) The proposed variance is based on consideration of the best available science as described in WA 365-195-905: The applicants contends that the proposed site was recommended in the Cedar River Sockeye Hatchery Project Final EIS, dated March 2003. The EIS was prepared by Seattle Public Utilities, R.W. Beck Inc. Adolfson Associates, Inc., and Tetra Tech/KCM, Inc. Scientist and fishery experts within these organizations assisted with preparation of the EIS. In addition, the applicants have indicated that the proposed mitigation plan (described above in criterion 5) was prepared by Tetra Tech/KMC, Inc. and the Watershed Company, and follows standard vegetation restoration practices. Broodstock_hexrpt 08-018 City of Renton Department of Community & Economic Development Preliminary Report to the Nearing Examiner SPU Broodstock Fac;i ity LUA08-018, SA-H, GU-H, V-H, SM PUBLIC HEARING DATE August 12, 2008 Page 23 of 23 Staff concurs that the proposed variance request is based on consideration of the best available science. In addition, the FEIS was appealed five times though the Washington State Court System and was deemed adequate. G. RECOMMENDATION: Staff recommends approval of the Site Plan Review, Conditional Use Permit and the Variance for the SPU Broodstock Facility, Cedar River Access Facility to be located along the south bank of the Cedar River at 1-405 bridge and immediately upstream of the bridge (parcel numbers 172305-9179 and 172305-9014). Project File No. LUA08-081, SA-H, CU-H, V-H, SM subject to the following conditions: 1. The applicants shall successfully complete a memorandum of agreement (MCA) between SPU and the City of Renton for the management and use of City property. The MCA shall be reviewed for approval by the City of Renton Attorney and signed by the Mayor or authorized representative prior to operation of the broodstock facility. 2. Site Construction (anticipated to be approximately two months) shall not interfere or hinder City sponsored public events planed along the subject portion of the Cedar River Trail, including but not limited to Renton River Days and the Candy Cane Fun Run. 3. If the construction of the access road causes slope instability or erosion. The applicant shall provide a slope enhancement and restoration plan approved by the City of Renton Department of Community & Economic Development, Planning Division project manager. A maintenance and monitoring plan for the approved enhancement and restoration plan would also be required. 4. The applicants shall be required to adhere to the provided Cedar River Access Facility Management Plan, dated June 30, 2008. 5. This Conditional Use Approval is valid for a period of five years. Prior to expiration the applicant shall provide the city with a written request for the subject Conditional Use Permit to be reviewed by the decision maker to determined if changes are warranted and/or if the agreement can be extended an additional five years. 6. Prior to operation of the broodstock facility an agreement between the Washington State Department of Fish and Wildlife (WDFW) and the City of Renton shall be achieved as to resolve the concerns of SPU's proposed broodstock facility on the City's ability to meet the requirements of the Hydraulic Permit Approval #G1503-1 (Cedar River Section 205 Flood Hazard Reduction project). 7. The applicant shall be required to provide a safety management plan to be reviewed for approval by the City of Renton's Human ResourceslRisk Management department prior to operation of the broodstock facility. 8. Applicant shall be responsible for the maintenance and/or replacement of all proposed public outreach information signs and kiosk. 9. Applicant shall successfully obtain access easements from the Washington State Department of Transportation and the City of Renton prior to operation of the broodstock facility. 10. If any Native American grave(s) or archaeological/cultural resources (Indian artifacts) are found all construction activity shall stop and the owner/developer shall immediately notify the City of Renton planning department, concerned Tribes' cultural committees, and the Washington State Department of Archeological and Historic Preservation. 11. The applicant shall be required to comply with the recommendations and five-year maintenance and monitoring plan as proposed by Tetra Tech and the Watershed Company pages L1-L5 of the provide permit set. Broodstock_hexrpt 08-018 E4 - 08 T23N R5E W 1/2 y R-g R-g _ CA CA a 1U CA o- RM-U CA CA N `yog B ToEIn St STMst Sl `✓ ;, 1 ., .,..,.., -. C �3-5a C y A l � CD LR CD RM U RM-U CA I� CA RM-U CD N W Cb CDd CD.. {}� DQR z co N CD _ C➢2 0.� CD CD C6- GDCD CD CD ....Co A CD a � m _ CDCD m CD n _. CQ CD s _CD RB RC 54th St 34N St - .. ., Q CD _CDCD CD y ._ A -FR-B CD RM RM RM- RM RM RM 1Q_ T T: U_.. U U. U_ - ._ _ S sth St 5 5th St -- T f CD t RT .... RM-U RM-U s 61" St _ RM�U CC ....... ._ n .. - N CO RM-.0 CD e .,.. 7Lh SI ,.. CA CA G4 - 20 T23N R5E W 1/2 T 4 'a + ZONING 111 0 0 200 400 17 T23N R5E W 1/2 "a phi' TECIINTCAL SERVICES Reel l � 1:4,800 � O~ 5317 0711s108 u --N Airport -Way \ K � � b i �•:-va��.1 P-� ice' 1 a' metary 3rat-j E_3rr,+ 1�I r rd PI A•thS .� S 4th_St vy514thSt C) �y x_ _ -S a to -zit t/•I ��fi~ � � ! Q —4 y dye � . )� . , S 7fh Stt o S�7th-5t;: y Y Department of Community Parcels 1723059014 & 1723059179 & Economic Development Renton Comprehensive Planning Alex Pietsch, Administrator f_egwd Adriana Johnson, Planning Technician ;,,,,,.Ci ty y Limits CDR -Commercial -Office -Residential 1. 3 m�I RMF-Residential Multi Fa C;July 30, 2008 ;�PAABoundary CV -Center Village RS-Residential Single Family rti Land Use 2008 EAI-Employment Area Industrial RSF-Residential Single Family 0 500 1.000 Landuse EAV-Employment Area Valley M UC-D-Urban Center Downtown Feet Produced by City of Rerdon (c) 2008, the City of MCC -Commercial Corridor RLD-Residential Low Density UC-N-Urban Center North 1:10,000 Renton all rights reserved. No warranties of any sort: including pert not limited to accuracy, fitness or OCN Commercial Neighborhood RMD-Resident al Medium Density File Name: :IEDNSPIGiS_prolectsWicmity_mapsl merchantability, accompany this product. parcel_1723059014_Renton_complan.mxd EXHIBIT 3 CONSTRUCTION DRAWINGS FOR CEDAR RIVER ACCESS FACILITY ,- SEATTLE PUBLIC UTILITIES, SEATTLE, WASHINGTON EA.TTL. - BELLE'rJE '- RD SD as RC _ N 40 09 DO — RENTO ° CEDAR RNER ACCESS FACILITY, MAPLE l � 4'ALLEY I E m KENT rOVR UCRTp15 (SVYNiT) IB 99 AU$URN �dQJNITY MAP NOT TO SCALE QTETRA TECH 14F0 Fifth Ave—, Sole 64^ Seam. Washvplon 98401 206-081�9300 Fn 2D&8e3430 1 PROJECT SITE INFORMATION PRC:ECT AREA: zCNING' BASIS OF BEARING WASHINGTOw NORTH-. 7ONC, NAD '63/91 sAsED UPON w3007 MON. ID 895 (Y W'SOOT BRASS DISK IN CONCRETE) & WSDOT MON. ID 5237 .(7.2Y CAVID EVANS k ASSOC. ALUMBIVM DISK) FOR NLL DESCRIPTION OF POINTS REFER To wS007 GEOGRAPruc SERVICES CATABASELOCATED AT WV NI W$BDT-WAGOV/MDNUMENT VERTICAJDATUM NORTH WERICAN VERTKAL EATJIA 3988 (NAVO '58). SASED UPON WSDpT MON, ID 5237 (3;25' DAVID EVANS & ASSOC. ALUMINUM D;SK� - LISTED ELEYATCI] 45,85' TNT G1 PROJECT VICINITY MAP, INDEx. LEGEND, PROJECT MISC A'FORM4TION, SURJEY DAWN BLOCK G2 EXISTING' CONQMONS/TOPOGRAPHV G3 �, DEMOLITION PN G4 Lp EROSION ONTROL PN- GS EROSION CONTROL DETAILS G6 TREE INVENTORY CI GITE LAYOUT PLAN C3 SITE GRACING PL C3 AFR DETAILS C4 - CCESS ROAD PLAN AND' PROFILE. C5 UnLITY-PLAN C6 KTOSK AND 7N)ETtPRETNE SIGN DETAILS LT LIMB OF WORK L2 BUFFER MTITCATION LAYOuT L3 SITE REbEGETATION L4 REVECETA710H NOTES AND 9ETAILS LS PLANT SPECS. 8 MrMAT1ON NOTES El ELECTRICAL PLAN E2 R _ TRICk DETAILS E3 EJECT OFTARS Y MTORE SCHEDULE E4 ELECTRICAL SPECIFICATIONS E5 ELECTRICAL SPECIFIGTIOHS (DON'T) PROJECT CONTROL POINTS KING COUNTY PROJECT NUMBERS PRDJECT NUMBER PROJECT OWNER C-7Y�F�f�IAl?6u"uc UrRIT1E5 ADDRESS' Po BOX 3401E SEATTLE WA 98124 CONTACT PERSON: Ck.RLES "A)UEK PHONE: (20E) 6B4 E977 PROD N N R CM TETRA TECH ADDRESS: 1420 FIFTH AVENUE SUITE 60C SEATTLE WA 98101 CONTACT PERSON: JOHN MCSLENN PHONE: (206) 883-9300 G N cas7Pw' PROPOSED • MONUMENT • PEW & CAP —IR— SILT FEE AI C M-&%S PK MAL WATER MLINE —K— TREE PROTECTION FENCE METAL MNPVST 519RY DRW: �^ TELPORARY ODMTRUCTTON FENCE C x000 SPH POST sn � _ SNdpRY 9EKER 'I, 5u67ART SEWER WfIHC.E - - .- a STou WU➢I MN997.E cAs Tnl[ ® CONSTRUCTION P CATCH 4Il5[1 ENTRANCE ID WATER MWIIVLE I' CONTOUR M WATER VALVE FW HYIIPAHT 5' CONTOUR ■ WATER UETp1 PERVIOUS GONG m f�5 VALVE PAYING ■4 WE POST 0 DECA)UOU6 TREE ASPHALT PAVING EDSR 405 NORM BOUHO DRECE COLUMNS DUCTILE IRON COMO SWEWALK SEFpR� OHyS LAIR OF WORK TREE DRIPLIME POINT NDRIW EASDNG A DESORVION I I7eCST.j6 1702511.ep 112.36 1 3 WS'D0T GRASS usx IN CDNCI2TE, � W17W5-66 WSUCT IIDGL 0 EGG 7 1T84)nel 13M2gy6.99 A6. 329 GIVD LVA16 Y ASSDC NIIIT9IVY IXSK x500T YDN W 57]) 3 1T .II f 11D, :I 5 e RE$4R xmT'REp lICL D71EfRCL CAP PK NAM. w('J, HASHER 176227.e9 - 13 71, ID Ades PK HAL x ell, xASHEK APPHOVED FOR ADVERTTSINc E ea y,mys uro ayE W1TUAg �+P W.1E NENN ETA J NIVATSU VEPAATU ENT OF E%ECVTNE A]M�TIDN OR wn SGTRE 'wS4Wlcrcw RV 5°°r. �Nr+ x�m etm+m EXHIBIT 4 -...-...-...- ORODRAATER Y HIGH W h 8p0'424-"5q VTLLIIIES uNDFRGROUND PERMIT SET LOCATIDK CENTER G1 PROJECT VICINITY MAP, INDEX, LEGEND PROJECT MISC INFORMATION, SURVEY DATUM BLOCK •a@)a Clty of Seattle 1910 Cl DOD; PMblk Chu&Clerxe,Dlr For CEDAR RIVERR� Trrrtr9! ACCESS FACILITYT GT ®tom e. wnmm sNDET 1 a 22 N N Q N s 0 n O N =q4 \ F- Z aao j s Lp o n p Z (j O o Ar n ��pVA I' U Ir co v z w Y C� Ln3 !r , l� I fI I I L lr1Ir��yJ i • N LU Gf U� �•V 1\U z w LO gas q EXHIBIT 6 EXHIBIT 7 { s DISTALL 17AIL11E1 CONSTRUCTION ENTRANCE PER CM OF RENTON STANDARD DETAA, BDN 11 15 RE:CWHENDEC TRAT THE EjI`; ENi HANCE R$ CRC%NLO SO THAT RUNCFF DRA111E OFF THE PAD R 25, ual COGEILES ARE FOR A TEWORARY -cCESS Rom, TO BE REHCNEp FOR �. FINAL ROWD :ON5TRX i:CN #a A'-e DLARRY::.LS J / GEOIEXTLi ` J� 12' UIN_ THICKNESS j ' PROVOIE FULL W1D IN OF WGRESS(EGRESS AREA ENTRANCESTABILIZED CONSTRV ®TETRA TECH 142G Fifth Avenue, Suite 6D0 SRdISF. YJRINIDSIQn 99161 I04 Su3.53.R' F. 2Mat 911 C.C. TTp "II TREE PROTECTION FENCE �JD1N75 N FILTER FABRIC SWILL BE SPLICLO AT POSTS USE STAPICE4. WIRE MGS. OR E7LMALEHT TO ATTACH TAME TO POSTS. eY 14 Ca- E OR CUNALENT, IF $TANDAW-'RgD STRENGTH FABRM LSED I FILTER FABRIC 1 1 S _ (— — 60. — — "MINIMUM eM4'TRL4F/ 14 4'FINCH HTN/ / v1CLL NCREASEED TO 6IF W➢E SACKING 15 US0 2'.A' WOOD POSTS, STEEL NO fE: FILTER 1" TC FEYCES SI'ALL BE 'PENCE PD5T5. REBAR. OR INSTAu� ALONG C04TOM WHENEVER EOUPIALENT POSSIBLE SILT ELN�X N FOR BSO-DAG PLRCEHENT SEE DITCH Hare 1 FOR SILT FENCE LRNSTRLCTT011 SEE $ e NOTES: 1. PLACE BID -FAGS ON EITHER SIDE OF A APPROXIMATE L 4LT FENCE ACROSS DITCH AND PUSH B10-BASS TOGETMER FOR TICHF FIT 2. EXTEHO SEPLEHT BARRIER 6- El'4`I SIDE OF CIAHKL BOTTOM r GENERAL EROSION PREVENTION & SED1 &ff CONTROL NOTES I. F EROSION AND SEDWDR COATAOL REASURLS ARE TO RL PIA® PRIOR TO ANT LAND pIMARINO ACTATtt CAl15TD BY CL:NWG OR GW.DING. WE mos" AND sWU¢RT CONTROL REASu Ws 514AIL RE S-W. OEs,ou MG pONSIRUCTLD IN ACOAOANOE WITH ME AEOun EN¢NTS IN THE CITY QF scATILE Uw-'" TOR DF 'GENERAL REQU'REM� AND STMOMO WARS RWLAL' ARD ME WA"9TOk SF TE UEP- NEAR OF S10RMWAiR uFMYE IUESIFAN 'M451NR:ip1. M11DFE R' i ti:L Wilt'-C 4TRCPR--T.ALE T ft o INCTHE Cn' OF sfATl1,( c¢xpyL R¢QNRE2�ans yW; nNe PR[LEF1EIx4. C H 2, TNF GCYESDPEA 15 RESPON'+IBLE FVR YM MHNO M54A FHLYL,RpN .WD SEDiuEM — — — — — — _ — — _ — CONTROL REASLRES DURING MO AFIEN INSTALLATION OF ALL tfnL WORN lSSOCVITEO I — — — — — WITH U ILflT TRENGHES. S. 111 TO INTY SITE E5UW1Twx, ALL STORK DRNWDE IwETS 5Hti W RRMEOlEe III ODAN SLOPE FROD ANY UMRBED OR CONRRULTION MEAS .0 WE STMOARO II III GECTE%TILE FILTER FLORTRTIRN COVER DETALS To P,E Ew SEDRAEN' MEN EHIEAWG ME STGRR "'I"Y"M PRID TO PERM CW SKABNZADp+ OF THE o6NABE0 AREAS. CLEAR NNE RLTEA FABRIC AS j I1L FRgREC SKSAY L .F SSARI TO FUJNTNN eAUFua¢_ RFNO.£ FLIER M9 %&AA QAICN DA— FOU.DMWC CG4WLTAk OF SREWORK. T CONIAAOFOR 5 NOT AEL9W SEOUEtR OR OEIFR:s To ENTER NEW OR F31ST] G III♦. 'I NP{5. wOR BASINS (A WFT TPAIM7H !Y="S. ¢ NEWLv o9NSIRIx.-TEQ DA — -ED WAFTS ARO F ION BASN5 ME 10 W-01EGIED HEAA'Y DUTT E GRLYRNIZZ O NAIh BIiLLAS"T N 17DRELY UPON NSTAIATKRI STEEL 'T' POyI I RON, I -�-- E TURBIDIlIF BLANKET DE 04 CEOSYNTHETIcL'S OR ELLAL YKENNETN vN NJ%AISIL Irv" -- —1 — — _R OEPMTNENT OF ETECUTVE RPLO.:sTRAtjDh �uNy s -TLL MASNL9 Tm 2a PERMIT SET BeR/a City of Seattle PUCffO phuQE Clpka, DkcloF Mw.'wA urrrrafeB — � uti � a1uHm¢ w. onylo FV'4 -_„Y- � . inlet Asr=.an Eon EXHIBIT 8 G5 EROSION CONTROL DETAILS CEDAR RIVER1111 V 0* `Togo ACCESS FACILITY LIJM-m _ -CET 5 OF 22 I , ._. •,_ -.� � � ;gym a ,o-�.. •�.�� ORLIitFRY FNGM NA1tR WATER WiEL AT TIME CF WIWEY y _ l`% `rX J ` "~� •�'i '-A~�� 7-11 f%� CEDAR RIVER PARK �,• E%FSTWO RETAIIRNG WALL f TREE • / - _ _ "N- _ PRCSECTION 1rL1 AATER LEvEt Mi AT RAZE CF SURVEr — — r PID1 ` _ ExlsTwa- _ — .,..,� ` �•--� w.,,I�r oI,E' // � - fir,. � r--' � �-a. , •�,� � e /� � f�, _. c�. \` �_ _. •�=_" / s _�—.�f�.` `ors TIER cz SCALE U4 FEET -e TREE TABLE TREE 1i TREE SIZE TREE -ME �UE TO n REWw u TREE TG REmwN 50" POPLAP (POIULUS - x O BALSAHIrERA SSP. TRICHOWPA) la, POPLAR (POPULUS - x 3 BALS"'I' RA "P. TR.CHCCARPA) JC' POPLAR {POPULUS - x 13 I SALSAWFERA SSP. TRICNCCARFAQ) O(ACER 11 BIG" YAPCE x - ux:ROPHYL_UM) 12' RIOLW MAPLE - x �5 (ACER WUROP1fR-LJY) O 6' &OLWa�LE ACE - x MAN ROPHYL_UM) 1 RGI,EAF MAPLE {ACER - x �l MACROPHYLLUN] ,S- FGPW jPOPLV-US vW x - IF1111nSIR T •. 9 1 1B- PCPLAR (POPLLUS &-LS;A f1FEU 55P. x - �J TRIM RKJR�F; 10 TO" RE0 ALDER (AWUS % - nutlRA} T" REtl FILER (ALNUS x - IS RUBM` G6 TREE INVENTORY PLAN APPROVED F'CR ACVLPTL Lv; wl .we an �' A"': WE aatFls City OI Seattle g Pe C100032 =kkETH .'. WIKAT'$J TETRA TECH OEPui`UM-. LF OECNM A516RSTM _ I Puarra CEDAR RIVER w a G �. 7 ceuct alRw• nlnclw cow ,Fttto' ,Av M., it•EbC srA � MSHNGTOH �unrrr� �� ACCESS FACILITY 1AAT PUH �. 9•altlo, 4Vos+inplon 98t01 'a ^•" \ _ ,,,•, _ 778"-237 70EeB.1-B.100 Fe.'itl8-9E1-HJtl' r,n[i+YO IN,+n ,�.ry�. .. _ �Yy n.r. SHar 8 of 22 �� PYfu, t>•ncrmp ra"a mrn.�m.a�as ... .,"..�..� •-. ..LJ EXHIBIT 9 CQNIRII.'POINI 4 A ,.", 7 E SUPPORT TEMPORARY ASPHA-0 V THICK TRAIL 1.L DETOUR --- SEE NOTE 2 & 3 TEMPORARY ROAp 1L.1-E Si G PER CITY OF RENTON SM. DETAIL K007 (WHEN TRAIL DETOUR S ACTIVE SEE M07E TETRA TECH 333 142D liM Avenue. Sj. GDE "V.0h 98 101 Wh @� r.,Q lO�gg3.p01 DRIVEWAY -7:F{ '� --�� _ /`gym, I/� m TEA CONTROL POINT #2 N 78470 ot 1 20 10 0 20 E IJ025.30.99 — ------ SCALE IN FEET ORDINARY Hirk WkTTER 2L— WATER LEVEL AT TIME OF SLRVLT 2,NEW INTERPRETIVE 4AHELS MpF �'Si7E NOTE I NEW _WALK E- �1"'I�.OSEE NOTE I LIMIT OF WORK SEROCE CABLE L-MIT X WEIR RIOH7 N INSTA -, F/ -- 11 7ewHCEDAR RIVER PARK HC T IN 1O.T., 1302753.83 PEDESTRIAN 11111E �.D7 COLUMNSS R,x 1-405 ROW EXISTING RETAINING WkuL i RE111BLE SVMCE CABLE NOT IN CONTRACT Y 1302711. 1 1 I 7A27 1 7�1 302$V. WATER LEVEL 29.6 AT TIME OF SURVEY UW;Y OF WORK XAT A AILAZILL OR ADUTIONK1 LAYOU7 DETAILS 1, ELICTRONIC AUTOCAD FkUES ALL BE MADE CONTRACTOF Of F�Rl TO PRO DE ON SITE S1.IhG r) -7 L.1GUT ENGINEER APPR6Y4L B�CRC IMI��RDS PER OCT. H E 59 za CONSTROGI)DIN. 70 =NG EVS714G TRAIL PAVEMENT. ------ TO BE 45rg IN PIACE PRIOR 3 TEMPORARY DETOUR TO BE REMOVED WHEN RECRE4.)QN THAJL MMFICXTIOHS ARE DETCUH COMPLETE, RESTORE IMPACTED AREA To _ SIGN TA 3+4 CHI�FIAL C OJ`hOHS. SEE I/C4 FOR FINSHEC H 1782C2 ;n MATAULT OND,TiON. :�TABL --N 174232,CB 6 ,, Wl� FA11G-I I 4 ACCESS FOR EMERGENCY YLKICLE5 SHALL BE -.3"m 'Su N 71!1�;� MAINTAINED ON NARCO ROAD AT ALL TIMES. :Rv 5 ACCESS TO CONSTRUCT CONCRETE SIDEWALK 0 A'- ------ A D ANCHOR 6OL7 AAEA ON NORTH SIDE Of A RINER BERMBECOFFIN D 70 EXISTING 9AVEG yy TRAIL BERM MY =AGED AREAS 7 On GI OR SETTER CONDITION WHEN CQNSMUCTON IS COMPLETE. NC �Rox E 13 PROP LINE 6 2 GALVAN= EYE NJT3 C� EAC� SIDE 9 P,� EMPCj G ADE ON +.' GALVANIZED THREAD to WA-3 CEDAR 17R SIR S �-L DETOUR TRAIL ML AN�FIOR " "Fi SEE NOTE 2 & Ex ID 1.F STA 1+00 QTjUty rRAJILER N 17019DAB TRASH E I msiB.2a �W & RECYCLE 4. mu ASPHALT TRENCH ERMIT SET RE5T0RA71ON 6CJ— SITE LAYOUT PLAN APPROVED FOR lmxS AND CAM KENNETH L. K&ATSu TAm, eelTre City of Seattle CEDAR RIVER' ClOW32 CEPAWTMENT OF EXECU 0unrurs, Chuck CWrkt, Ok*Mr R/W ACCESS FACILITY VAMLT P— No 776-2,37 muT 7 of 22 EXHIBIT 10 D R W 'AY I, ::NDINAR4 Nly^H WRTER wnrER .E'.E_ Ar na¢ jr S.+a'.E, - `.c - _ - •�� _�� t C'� CEDAR RIVER SPARK \ \ PEtE5T4,�v � __ W{TER LEVEL 29.6 AT AWE GF SUBVEY c:CNINr7E PG26 04 . n .r�\o�x,� -J- _ --~ -jam .` �- _ a 3.9 a { ,7O2AEA.9. ` _ �4.C1- ` '/ 1. �� ...--•� ram_ _ - _� y /� _ - `�''� �xJy# - I --1� • � '�- j� - i .'. .VPROTEC,7=£xJlst GUY WIRE ANCHOR f_ CEout Rr ERIT- \ o r PE-R{III1T SET �s:��FEEr SITE GRADING PLAN k � 4': PME0 FOR AIJARnSM ,,,,t pr y�n.,�s ,rq y,-; W-- wo lrc Role CI1y of Seattle �r� ° u Cl OW32 KENTETRA TECH 0, —1 msuuuAnHub11CEDAR RIVER aAP6 Chuck Clarke, Drtwsar 142E F fN Avenue, Sude saG suTTu. —rl.w+or, Jc Ulllitres C r TL TT/ Snnwn. tiM'aeNinglpn ygtpt 9ro. aocew ,'r ACCESS f A�1L� 1 I w,u1r Ylrr 2 { ` i664U!9100 F. 705 A8 930I76-237 EXHIBIT 11 ALJMINJM R }"X Sa'X57' A,uM.— T56x6-X{-X2'-6" it J" X RI F I c SEE SECTION A- _ SEE SECiFON 4--C 1 a"X I'%lt- STEEL R a•%i0'Y EO' S• % l: REPAR a4XS' REBAIR {4x10• - CONCRETE Fool`NG 'C I f 1 - L 1a- SQUARE `. DdS: 5Ecr.eN 9j, a H" 10- C I.3 � � J { } as 1' RADIUS ttP {' BAR {'Y I{'k8- STEEL �f 5EZION C-= l REET. p ENIu0 JI NOTE: DOI IAP.D SECTION F—R BOLLAROS BY SEIUELHUDER INCH AND BRONZE WORKS, INC OR COUAL Y6- 1 PAYING -D ACC BASE SNOV R 15' - 17' TNg. POROUS INC. PALl1T, EXIST GRADE PER-7MG-G2 _ ROADWAY SE 3N A A c, TfMFCRARY SILT FENCE BA-BACSI ^ 'l fl45E SHOULDER 7' INK. POROUS DOM1C_ US 5 I- THK CHOKER &SE a' rNK STONE Z7//��dll ��' REC NAROE BEP � CEOTExTILE UNCDHPACTw SUBGRADE 2, MIN STRIP OF GEOTEXTU L PAYING (2, /4 U ^M WAY L-s2 C -. A BASE SHOLLCIER 15 tHK /' - FACN wnY 5-OIA GALY PIPE CU55 1 / 07 MJX ASPH T - A,I 3- CLR r ` SIFE�E x 1/2' LONG THREADE9 D OR CAA EXIST ' r GRADE _ WREN "07 IN LIST:r CENTERED IN FOOTING - f "SLOPE ER OWC C2 FDORNG BASEPLATE� NOTE'. WHERE NEW EMgEDEp ]• IN FpppNG L-O`OIEXP'C Aw T is COMPACTED INSTALLED AWUNING EXII ROAO/TIWL SURGRADE II AGGREGATE BASE SURFACES, SFµ ALL ON TOP OF C[0Tex 'i c JOINTS E TYP — 16' MIN F _ V-LOOPS WIrH R.AA 2'YA�N CLEARAIfCE ALL -4' CONCRETE 1. RFMION 4' B 7' ( 1. REMINf 4' 9Y )' lNll WIDEN OF WALK } O�RECTICN5 r - wAc"AY SECTION OF WKKWAY AND DIG WIDE PT ;SAW cUT -CHCRETE). EL-38.O VERIFY WITH ENGINEER I�T'u'� OWNER NRMS>ED REMOVABLE 'I � r 2, DRILL HOLE THRQIJ H WAFL FOR DRNE L PAYNG PRIOR '� FABHTCADON `SERVICE CADLF 12 - -�` _ (7)-V CALv ALL THREAD - 4q. y51 ��.,,,,,'w...:. $v.�l 3, pRNE $HAFT TO PUCE SOIL ANCHOR THRWDH 15- i2 THK_ • W/ SHACKLES lU EYES TOP AND $CTTp4 AND TURNBLrC1CLE5 f a'DLq CALV STEEL PIPE �4 WALL AND POSITION ANCHOR ON INSIDE OF WALL. CUSS I 2' NOT MZX ASPHALT AT MID SECTION 4 W/ THREADED CAP S AT TOP SINGLE EYE NUT // 4, DRIVE ANCHOR TO REF4'SAL OR 20' OF P{HETRaT10k, EXIST f W ILLW E I E 3 4• FlNcSHEp / 'L�-31,0 ^S-O- N EBI EYE NUS FIELD) .1 ON 7/4' GA2VAWPOD ALL THAW ROD _ _ f 5. SEI S0 AND PROOF TEST ANCHOR a 5 Kips AMD R PR BEHIND WALL A 5 KIPS GRADE IAATCH EFISTING SLOPE __ CROVND _VERIFY EL-32� .^..1,` . ry�S r. F /jy1 f.T GROUND ISnrvG RETAIMING Wµl I !/2're STAINLESS S-EEL SLEF•E CRCUT IN PUCE uININu4. B_ PLACE STAINLESS STEEL SLEEK AND CUT SjJ- ALL THREAD RUD TC IFNGTH, ,. �COUPACTED "'•l' 1 "�X.,y (2)-WILLrAAS UR-3 _ C WiLALAM MR;NSTh. COUPLE BEw ND VAL IF NECESSAFY. SINGLE EYE NUT FLUSH WITH SUBCIUOE SOIL AN,.H045. DRIVE B' - ---- J/4" OALY pNw -CEDAR / RIvER SOIL ANCHOR FACE OF WALL. DEEP OR TD REfUSµ. ALL THREAD TESr FOR 7 KIPS NN - --- NOTE' a. BAC SECTION FILL HOLC AND CAST CONCRETE OF WALKµ'AY TD MATCH EXIST';" ReCREATIGN TMIL PAVIKr- 'Lu O'JT I CCNTRACTON TO REPAIR ANY WµL DAMAGE JOINTS. �-FDDTINC, SEE � R��y �- 4 PERMIT SET SERVICE CAFkLQ,%IiOR DETAIL ANCHOR W��QFTAIL c3 CML CETAILS TETRATECHENTOFH APPROVED FDR ADYERTISNG JTI ATJ PEFMTMENT of Ex Ec ONA AD4IMISTMTTGN N.MT OR YfDVAs AID WTE ° > P—S AAp p.7C V30 p]FifR crry rseattia Pu617C CEDAR RIVE1�1R clooQa2 u20 FM n suls SE.11E,„A6RTGro �L�nAr �^°`� CNucN ClarYe, plT4cser urrrrr(F� m W 96t01 �ai ACCESS FACILITY �� F' ' YALILTPEA„ X. 2o5 r ,� »� 776-237 & aF 22 EXHIBIT 12 —zz \. ER L6T:L En SUP if rt>L cEaAR _ _ a r 6• �x 6� 57 � so. a 45 t� Est 4Qf 3 cs 3' I " 7S f 3� NTETRATECH inn Fvenua. 5m1» eea S..ISealllej%M}9'_f1G Fe.'. ]:FEd]-9Ylt 4ACCE5��J_��. T,,P if v4VEIIIi • TO- vEE- N unTcR MIT s»,,CE F..0 K - 3,1a3 t5a�O'vC �I_ucE•ss a».:. „ yr -+3.9. 'SQ 1 >PLPOfiEO y 0.L. ,.S.Ey . _ -1.45A `RA[1E ni EXIST Tr _ �Y ��i 45 193iL w s .�S!+PAiAP {L Co Li 30 !-CC 1-4$ - 1-eQ 2F2 215i - ,D2 - 'y4: ?+BC !-CQ la6p ITHG ACCESS ��Q PERMIT SET pLr �4 ACCESS ROAD PLAN AND PROFILE Wt•PC,'L,z• WIERMNIc c, ,9nu_y Mc u,< ^rrxs .no wTF �* ea rve city 01 Seetite g,/^ C100032 rs" CEDAR RIVER iV! TNFNr 0, EXEC'JThL n. 3aM5TiAnC. '�" w� xrr I PUCffC w�xc+ Cluck C4h�. Ctnclor � cc iFxlr,4, YSSFO+LT�» 10 A,L Fru'rc y if7fifC199 ACCESS FACILITY T'76-237 rat Y 10 - 22 EXHIBIT 13 N ORDINARY HIGH WATER WATER 1.914.L Al 11MI: 31 5447;y — ---------- CEDAR RIVER PARK C WATER L L 29L6 AT TIME CIF SURVEY _?RI WA7ER EL- 31 0 t Y L SLEEVE rR TMR. "J P SEROCE 'ER DDR TRI%L x slow SCALE LN FEE77 Pat (2 ft L NOTE RILLOCAT12N IF ww Puro-OJN CITY OF RENTION TC CONSMUCT WA TAP EwEo� A! WATER METER. CONTRACTOR TO CONNECT WATER METER k INSTALL REMAINDER OF SeoI IN NOJEC7 MA"JAL RIIE4 4� RMIT SET C5 UTILITY PLAN APPROYEo FoA AVVERnSl" Mo city ol solittle Cl Wo.32 N, J NAAAM I " ,, QTETi2A11" 4EN()F% LC UrK ADIJNIS��70N Chuck Clorko, 01wtor CEDAR RIVER 2. ACCESS FACILITY rA sum s. S.F MAP !7-, R EXHIBIT 14 �ys aZ� T Saa � rr aR M C'S � - 04- .... I......... I A 6' it Q a •nl�ii a 1• �.Z9 p IJ �� S �yoy� CEDAR RIVER PARR PYEa QH'MA ESRTBASLC GN ; TpPOGRA TI (NCT SORVEYED) I + LIMIT OF WORK LINE + o•� ,,,,r LIMIT OF wJNK �Eh. � TREL FENCESRO7ECTIDN CwwT� L' - INIPGATION LIMIT OF WORN LZ - BUFFER MITIGAPON !ATOOT LO - SITE REVEGETAPON PLAN 0 - PLANT NOTES. h OETAIL LS - PLANT SPECS & MI7rGATI7F. J O o R TRfif� TREES TO RE REMOVEC (TYP,) -.<-�— ' E%iSTI,wG o p 1 BOULDERS O O PRGPOSEO ACGES$ OPIV{WAY _ /.' ••••I(i45K BY OTHERS LINEco , PRQPEfttt N \` LINE oj�I Q' 20, 40'� L1 PERMIT SET LIMIT OF WORK BUFFER IMPAC fS AND MITIGATION SET P.YPROkED FOR AC�ERTIOIIG ymKs '+no o.rt xe ox wrnus Ally oxr. TETRA TECFIya:, e KENNErH s«wrra l NAKATSO a ere Gliy pf Seattle a Pc CIOo03: THE �Ystwyv.'nv®» 0I f11ENT Or ExECL'BK r,pNIn15TaAr.1W °f yC _ 9 Public CEDAR RIVER 1420 Fifih AYBnuB, Sulle 60G W,�TERSHEQ �+f'uu,•�w SE�-,t;_.r =p ©Mc/Az- •.a .. Chuck C41k�, pfrKlor seyela,ma9hnylnPaa,o, COMPANY ACCESS FACILITY 209A8}97M Fu'206d8Y91:,1 r L Orr�fn err+lo yG/as- n9 ® VWLT7 6s-237 -r 13 a 22 EXHIBIT 16 =EGA ARKS Ym� � - `PCRIUANeNi 'Y / R4eva NYrK (prN �- /'� -�41408w ES --ATE - _BUFFER IMPACT D SASEO CN AREA 750 SF - �1 t-BL'FFCA GY AhCCg4T-A� : _�_.__ TFMPCRARY WAR IMPACT AREA ` !O OE RESEEDCO) 73' SF PEflN}hLYI SUFFER iYiAC7 AREA 467 S� BUFFER ENHANCEMI AREA 70C Sr FRV LEGEND ` PRVP RTY IMf - - - -- �� -x_— ' = PERMANENT BUFFER IMPACT 777 Sr TEMPORARY DUFFER IMPACT 231 SF �HUEFER MITIGATION AREA 1,400 SF VFEC REMOVAL ZONE ADJACENT TO MIT'.CATiON AREA i - �l✓1 Exl51wlo TREE �EXISTING TREE TO BE REMOVED (5. TO BE REPLACED O 2.1) �^ 14Y451`2 WEED N 5 INVASIVE NFEEOS ARE TO RE REMO•.£D FROM 1NTRIN Irtt LIMIT GF WjRK AVOID DAMAGE TC EXISTING NATIVE VEGETATION. AREAS PALL NEED TO 5E SEECED AFTER NEEDING 15 .w�yf CCMPLETE, REFER TO THE PLANTING LEGEND FOR A SEED MIx- SHEET L3. v.T.EDS SPEGIFICALI,Y TARGETED W:LUDE HIMALAYAN OLACKFLRRY, EVER.REEN IRLACKRERR,:� JAPANESE JI XNDt WF_EG, ENCLISR +Y7. FNGUSI ITI Y, MI CURT IN NC11"aHAVE. L2 PERMIT SET BUFFER MITIGATION LAYOUT _ BUFFER IMPACTS AND MITIGATION SET f� C CTOOD32 AP PRDLLC FOR AD V£P.TISINI; u��[ DII wniyS TWO Din �w111415 AaD D4�L �� Ba1SIB t rw wnw..Ikwa {ENNETfi �. NAKA rSu ArntP CIEy 01 $BetIIB € TETRA TECH r'' �� CEDAR DIVER a THE Fra.�rw•.+N+I De�AR*ueN' of rxecuns�E AculNlsrKAnCN PMhffC 1420 F$qh A...us. Suno SDO nrr,r Yc:4S'- 4 - of L/ Chuck CI�fY�, Oknclor cu wAiEruHEn �Arr. AA =b M: uTeFFraB ACCESS FACILITY rA� P:AA Ma Saat$D, Y1a-1+inDlan 98101 r 2DE-88}V]OP fv: I9E.i33.D]41 S�I4nre LrI,=n n[ae uG/AS- -,+� 771-237 n �1,'�-s+�-- .ar_e• r«ro.f.w sW Saw 22 �C RNRI na — ji.•�. ' EXHIBIT 17 I/T z FS PT cs It li SST c 1 5 cs TP 3 7P OHMA ESTIMATED RASED ON II cs TOPOGRAPHY (NOT SURVEYED) Q 10 V6 p rm QG `03 Go PLANT LEGEND: 0 (e4 d htlEa 4 d TRL�S 5 eOTA,NICAL NAIdF COMMON NAME ILY. SIZE PT PT POPULUS TR:CHOCARPA EILAIK IOTTD�WOID 10 5 GAL Gc RS PJC�. ENSIS SITXA SPRUCE 5 5 "AL A S�7,�, J fPls PSEUDOTSL)GA MEN2lESII / DOUCLAS PIA TXUJA PUCATA / WESIERN RED CEDAR 13 5 CA,zc .1 r no hd oc ACER C'RC-NATJM / viNE MAPLE 47 2 GAL- bi Kd ha hd rd A4/CLANCHIER AtNIFCLIA / SERVCEBERRY 13 2 CAl_ po cs CORINUS SFR:CERA j COGWOCC 20 2 GAL. CORYLUS CORNU'AL 1BEAKED -AAZLLNUT 26 2 GAL. � MOLODICuS DiSC01.OR / OCEANSPRAr 42 2 CAL. LONICERA 14VOLUCRATA / TWINBERRY 2ti 2 GAL L SYMPhOR CARPOS AtBUS / SN-aW5ERRY 46 2 CAL MBPS SAM' JINEUM / Reo F_QWfRINC ZURRAN' 32 2 GAL. T, Is $ALIX �JTCHCNSIS / 517KA WILLOW 9 2 GAL. G /L114E FRAGARIA CIIILDENS:S / SAND STRAWBERRY 136 4" POTS 0 2d" OC POLYSTCHUM MV411UM / SWORD FERN 136 4" POTS 0 24" DC.PLAN7 IN SAME-SPFC.]E�' CROUPS OF 7-12 PRO —TIME 840 NATIVE BID —FILTER SEED 01 ELYMUS CZ_AUCUS / KOE WLCR-E 477 SEED A[ A RAT_ 0 5, i G, 201H FESTUCA. RUBRA RUORA RED FESCJE 4C% OF 1 L3 PER DESCHAMPS!A %VTF() HAIRGRASS 107 1 00{: S F. j .. r GLYCERiA OCCIDENTALS IJ 'WESTERN MANAGRASIi 2% APPROX. 6. t, L3 9ECKMANN1.\ SYZ1CAC1-YE 4MERICAN SLQL�-IGRASS 1% LBS NZE3;D PERMIT SET SITE REVEGETATION BUFFER IMPACTS AND MITIGATION SET U rOR ADVERTS,NU N-C 6- Ap"OVE 1- 4 - 0 4 Clty of Seattle CIOGO-32 KENNE� J. MAKArL DEPOTUEN7 OF EACUTIVE ADW�Sm�Tlcn �E HEemu; CEDAR RIVER T TECH 20 OF F:ft" AW 70 ACCESS FACILITY 0110 .W- 98101 COMPANY 7745-237 F. N&80,0301 Z'. 0 15 7 22 EXHIBIT 18 ®TETRA TECHTHE ,wr or.lf sas.ee w. l.etf i SZll Fltth Avacua, Salta 6i�0 WATERSHED Seattle, Weahi'p, 98101 COMPA-W 2Ln ,,q3m Fes' 206-ee].9001 3rire<e 6 orr,(n F'LA IVG NOTES Tnene - cr s.p plrn=cnt lc it prpp:l er pl spec,f,cdlicr.s_ F c'c• lac specs Icr ^.ore ca!ePed �n fv=m.l;.n. r F_, cwrs[rx6un s r. ref,• to Ina 0 i t db. Hcles o 59eH L5. p=a instpum �pn anon o � ,...1,oe= IStn aeC Pr[r=bo= 15:• nq Iron:-Irea p �La eV Vly Jelnre ol',ne; grndinq is =lets_ by 1•e g•pamq c:nirpc:pr, the p..tar a a� 1 rns peel the s-le U�dq•pdes d euilphla Ira p onl;ng r.pl Ir ontlilb-.s entl ;f n arY pn.;Jc pmrn J^•enl � :I:nling cr r.ol Ine:e .v pr 1L: p=game moler•ol by we;gn lrepA >.c nlrel ,a• oryl.:n;c•c I-vY Lr en s[=r 'Jele- con cr 1¢runs ernspw sib a lure 1-y .,verse droiti ond;l;u=rs elhpl m pflecl praeer p;oni yrr.. cnJ eslobl;sl=merl Na:ly a pl p v Pep, a nag- c.=�.d�!ons 1p nzh utllpn antrpc:pr is eapenslble Iw .ny el`il�y !¢m.qe Vpi p ree.14 or IM1e onda�.pe c .elio= s:pb.ish <^plen hnq o unbor.e> �: a rind looser cr-y Romppcl errs . pl.=:��+y . m=wee any aid �p a plm•4eq Speeles Idrgetea iorer �e nli.ysee blp[4be••s. nal,sh relly, ngl; ir. ,vy. S,oes br.u=•=. J.[un se Mn Lw d Et, leh • ?•rend az oil p ceded • Inaare :•al o'.I '�i sn gra.ee p e I /y" below tep a polpcent Cavec k, ICENNETH . hI.h ATyli e h�;�-,I! �c�ese- xp- oe EXHIBIT 19 • Loyal plonl =^. ptrnel per p1p for r. spe hl ey Ih, ©ie1'"t N Ler,tlscope Arcnil,cl, plenl tiA,6 uliane •'ill HOT be p3;p d wIihwi Ilrc o:yuvui al Inc Bieldgiel or Lontlscepe Arcnilec{ Flag yocn nsldlletl „lent. ,slat plants per plpnlin4 aelplls • Nnlar a neon; Inar¢ugh,y 1p ramp rr P...[. • All9,l o h' de: ih, ..J-,hpvmulch ring yOpnA eo WS — • vi, r rr3 Ihr enllreupipr.l lnq a aith Ih. seed m rislyd ie Ina [nl legrna. 5,,d oll bore ...leer.oz, ppl do na[ aced a mulch y,yy of Inal41�e6 .eg¢lolion. • Seed ell prpjccf-rcl[tcd by spll or onsHr ..dn Jlslprb.d . i Ine se.❑ --.is lined In the pia,: legend. Swemq not e S.plrmrr• 15, p•.d October 3 " h or core 15tn1 e orgnb eJtrnn tit • In sl o,l a [emppr.ry vriypppn sp:em c d.le el peliv¢ring 2- of .pier pewerk 1p I ent'ue plens.e a �nloin Irrigolipn sing co edil:a• I !hree (.leas ere (./un. t N..vgn Sea mbar 151n5 ¢Ile• i.,ilipl pl.>•1 i�st['lp;ip•mm P+e Yvw utter inilie plant m 1.49 l:en, opp,f p=oonit, s relcoss lerll;izer a '; �l-.cetr w pr•Ircl Ell— a-4-e i..ecn plenl pYl'ra alulnc Caacr Hiv r S11+WV nnly- The lentlscnp. conlracinr a anla=n all p1p 1 m .nlil r,n.l nape: t'On .nJ approv.l by lhte Ow�m ar Ownu's repryaen lellvy .nli�ys pnd warMmpnerlp er.e4 61 g.eront eed for on+ y,p= lollawmlq 1,ndl pwne. cec eClonre turfs µmp• �,ar.r eu a sit 1 He" .axrixc m utfeRe�u•nxc Iepsm( m h4e�ReoT1 d)uetn•er ex[A*O yr �ve' du e L w'e,• 5*[usWC`„- aeca yen `uJlp ]" a uttx yes• i e,up( - ew ML[�4L �nr,µ•,uq r[.ttrx[,. _ .Ew9•[ . °sup".:arc . sn.. rare w A P"cRENh'AL ,' :,.UUNDMvER PLANTING DETAIL � of Ks[ rn•x iil Iw[; mE M v M[sxwau`r iil w. a�Aoe ti .wt°wo iCe p �c., 4le]wr[/wRf.na R[NpvC eM.v�rrW w eooAxl Txi:k 1. }w,c 1�1 1�14 /�.'a..vru�rRCu; �t/i][M50.o �r 4 o Rf C[•s[ �wux. T[eiRd[a. .:5r:' aiill'v W� Mnt(C sbC e a SW xrlr pn! . el.erre �H OHew slxrau ,[slrnatrm cyrsycruxl'Fx[ �„RcE & SHRUB PLANTING DETAiI PERMIT SET REVEGETATION BUFFER IMPACTS same City of Seattle PUTNfC Chuch Clwk* p wHir 1-4 NOTES AND DETAILS AND MITIGATION SET CEDAR RIVER Tm" ci°aw. % RO ACCESS FACILITY 1e T11- 776-237 SHEET 16 - 27 CEDAR PARK i II .ru / •.- C.O. /j 1�c. b-Yle `�4"��yy ..�- r /// 2' C.O. I ,"C-O- "T.✓ 1 _,� L_L. W T OF WORK '�• E�Sr wL o '� : f+ wl -_ +. � � y A -/IC ` �_.'�� "� `�-�?yam r �/ . • • % F,}... � - 1 `__ _ _� _ Ir•. �.e��l ern y. , � r /'3'6 3-1A Y`--EXkSTINL' PSE~ SERYCE k CUTLET / POORER PuU APRD% PSE W1Hf. E2/] ELEi.TRI4A'L SITE PLAN \� �- SCALE r-20 \ APPRGVED EGR ADVERTISING xAI,[ a wnµT u19 part -PALS A+O 57 TETRAUFPAR,ME TECH KLNNETHN, NA'(ATSV [• „� n� OF, F EXECUTIVE ACUINISTRATAaI or all+�� ' at•uul 1420 FIRM Avenue. We 600 uA�:r. AAu•xorpl xa y SwIlta, washinglo 9810+ �� a.rw csx Iclx./oT .RmWn L; 2aNBaA300 Fur. 2[edBi PYI W •" __ __.__._____ MUD e>a.P__ __- m/W. EXHIBIT 20 PERMIT SET �se�Ele City of Seattle C� aunrrc Cn—w cl. x., D"". UCIlrl" =11 11. - LEc,LND:-- ff DUPLEX OUTLET (WP) O SPECIAL GL TILE. (W) FlXTLRE OR POLE TYPE A 504TCH SUBSCRFT JrKT SWITCH (WP) --0 PnLE MOUNTED LIGHT rI TUNE ---- -UNOERCROUNU CONDUIT. ti CROUND RCD ❑ HAN. P HOLE M ULLHOLE (P PWR, 5 - SIGNAL) A AMPERES M CONDUIT ONLY co COPPER HD HEAVY DUTY Hoc NOT OIPPEO GALVANIZED MFCR MANUF{GTU'RER O-C- ON CENTER R4S RIGID GALVANIZED STEEL PSE PUCET SWND ENERGY SS STAINLESS STEEL WP W(ATHERPROOF NOTES. F>PRO+ADE MM09OU FCR CONDUITS, ALL CONDUITS SHALL BE PROVIDED TWTH BELL ENDS. GROUT ENTRANCES 10 A SMOOTH, PLUSH SURFACE, CONTRACTOR SHALL PROVIDE CONDUIr RISER. STANDOFFS, WFATKC9AfA"), ETC. AS REQUIRED PER NEC A THE LOCAL UTILITIES. CCCRCINATE MU' U11UV PRIOR TO ANY WORK. FIRST rc' OF RISER SHALL BE RGS. W REQUIRED BY PSE. PROVIDE HANDHOLE AT BASE CF POLE. 5-:]>COMANATION SEPNCE ENCLOSURE TO BE PR4NDEa BY U.L. SOB SHOP (SKYLINE ELECTRIC WC. CO. OR EQUAL). SEE DETAILS SHEET E2 C-8-KET IS HEMA 3R. 1/5 THICK TYPE 505O2-H32 AL. TWTH 2 SCREENED TENTS. H.D. DOORS WkTN CONCEALED HINGES. S.5 PAC LOCKABLE HArrOLES, POLISHED mkE GLASS METER TANDDW, GASKETED AND HUNTER GREEN EXTER10R COLOR. �PRCYIDE SCHEDULE SC PVC UNOER ALL ROAD SURFACES. S>CONDUITS SHALL STUB UP AND TERMINATE 2 INCHES BELOW GRADE PROVIDE COUPLING AND PLUG- B�JACK ALL CDNDUIT (RCS) VNOER EXISTING ASPHALT TRAIL. (B TOTAL), CONDUITS SHALL SE .00ATED INSIDE NEXT TO POST. STUB UP ANO TERMINATE T' A8011E GRADE. PROVIDE COUPLING AND PLUG. IO 1A 0 S10 N SCALE W FEET E1 ELECTRICAL PLAN CEDAR RIVER q m cT000az ACCESS FACILITY VAULT ov,H HO. 776-237 9111, Te o 22 _- Ck15T1N': WO VOLT Q 8ULJ DS TYH. SECnCN �_ A ` ,PA -LOCKABLE SCREEN /'�- � CAHWET ACCESS SCREENED VENTS 4 DLES - YP Ow • 1 AS REOU'REC— ZOCA t'� / PANEL30ARD0tiR0 (D �� A -LASS �IRE �. VIEN'ING riINOUW SEC HON wTTN METAL I'CAST i 'I — METER / 6�iZ flAS N sc RE: NONE PIA SCALE, TO PI TU S) 35 PP f T �- i bbb rEi if E sn OILARU ttT� 11. !MliQ IT STIJ o T P 4N SCALE: NONE rw IF"FLED ECGE 1 l� O NIREWAY L1 /Y CDX LY PLYW'OOG SECTION ®® W NEIAA 14-1U14 �Y U® TELEPHOME UGHTING TIMER CA9LC a SECURTiY LIGHTING O'rEHRa1E CUNOL'TT G ERA ETC SwITCHIES STUB -UPS (TYPICAL) 7 i/i' c O_ RGS WITH INSULATC L1US.HIMGS I ` \ SPACE FOR KNOCK -GUYS W/PLUGS/EL'SHINGS (FUR CORDS AN0/0R SEASONAL CON'OOIT CONNECnCN$) EVAr�NN - SIJE VffEq SCALE NONE 12" EA N'AY i01' k aOIT I I I I PAO UETA?i NCTE: ALt DTMFnsloNS SCALE: NONE ARE kPFROXTI TE, SRE 'L` E'I ACTUAL St R\.CE ENCLOSURE. X °ANEL 9 NETEP 5ELITCN -2 './Y". 1-;y,2 1 D 4_N. H':Rex;Y SECTION ln n n nn I r C. )-oz. 'G -- - f0 rc OUTLET LICNT 20. O-j12.1 _qG STUB PANEL-� PCLES Y C_L 1' C.O. :OU IS LIGHT VC 4- C. 4-X 1V r-I �y C.o. 7 C.O.. 1'C,0 J 2' ;°, t' ,G.�. (7: C.O.J Y C.O.. '•'C.6 YC. S-q2-� 7:, 3-M2, 1-YaG INTCRCCNNECTiON SUhEMATIr DA^RFhi NO SCALE APPROVLu FOR Ap'J£RTTSINO wools ArG G,[ '^ "w` P^'F �,- =TE7RA TECH eI KENMETN I NARATSG oePu+vEH: or E,icur„T AnMu+�srnAnon 0O1tl1�,./.. 1420 Fiflh Avenl:e, Sulla 61p �.uTnt +'AsnwiTav Seaclle, 'Nash:nglon 96l D', �� 1c2zu:m +i�uca 2066&1Y]I)< Fu_2J5-09)L3n1 W„ ,n10 i5/,1/aE Y,..yn EXHIBIT 21 CTIVN B—D TYPICAL 01` 2 NO SCALE PERMIT SET CPsear& City of Seattle Ub(IC chuck Clallu, 31-1.1 CitllJffes wr. wN2 Ez ELECTRICAL DETAILS CEDAR RIVER g P` ACCESS FACILITY Y J 7 775-257 slEEr I<] of 22 POLE BASE DETAIL NO SCALE FUSH CRAoE tRwruc TAaE nIXGVATEf% V2M MPACIEC r9y - 95X LECTRVIL CtlnaLR'Is}: cs OR Su,EWAE A0. 5 SNO" ON PLAN TYPICAL TRENCH DETAIL NO SCALE _ NOTES y ExCAVAtE TO REW:AM OEPT 5 x. vERIrY ML TRENfjOFtC PECtI1RLuENTS PEP L 3 AnrAA IRL.[,ES. T 3_ Eyy, RrvnRF rrn� rrrni (*wc 0AY5; 5yk a i 5 F TETRA TECH 1420S*GjP.Wn Avenue. �- = 9410100 aoeeera5lw F.x aoseu-s3P, 2%00p .1N.. F.31alt 9 04 NCRETE OAWRA dOUN71NC PU'E SECURITY CAMERA (By OTNERS) — WEATHERPAEIOF JLLNCr 90K NOTE i GRIT: AFTER OUPAC,TO SA.VC PROMO= SIOELIOUNT INSERTS AT ALL CONNEC'l045 POINTS Tl'PIGAL L4iT F1KTuRE TYPE 11vy UGHT PROvm SIOEWUN1 lM�TURE TYPE V g 213CRTS AT ALL 9 awmmT,oNs POWT5 -YPICAL TYPE Ot .e CONCRETE POWER OUT,ET PANEL POLE (,crc6'xe') HOC - I;W TNICK PLAIC 1L"00' 1 UPEN EYC BOLTS (FOR KEUCYS NOC CMANNEE - TYP UNISTRUT PJOOC ..PJPS) CA.LOE GRADE SEE POLE UA2c ELM. RAfaP ARELI I'OLC DETAIL K0 SGLE NOTE' 1. PROvIVE wt lliERPROJF J-BOA AND I' INNERCUCT W7' PULL 5TRthc FOR SuURr1Y &TRES. INNEROUCT AhC ClN,%rr SNAIL. ExTfNO FROIk J-BOK TO Y:AFI'_'ST LOW VOLTAGE NPnuWU[c Li 1774. 60 4Z h T ir...ti �I raw V 0 LIGHTING CONTROL DIAGRAM A0 SCALE APPROVED FOR AOVERTLSINC uu,wa u+o e,�R w,1wLs wo w.e NAKATSU /`III P/II OF L oc PAR1NEMT or veCU TIVE .OwNIS TRATIon ...urrrlr StA:IL[. ,PAS-WCR]n Ta ,SF iRYJC�E CALCULATION,_ LIGH TRIO .575 KVA v 1251 - .2 RECEPTACLES .72 KVA v 100% - 7 50A CUTLET 9A KVA v 100% .. B_a OUTLET PANEL 14,4 KVA x 100% tc 144 25X CROWTM 6.35 KVA . ,CO; . 6 35 TOTAL COmLcT C LOAC 31 75 O 740 VOLT - 136 A ©e Aei!'4�� kV i"won W'un� l.Nvt1�� kn�4i.� �,c��af Eilrll�lrti;! �Ji,:�e w/S:l�l -4 MYTI IPc -c MAN RER F YOL a LAMP YOUMrW REAUR1fl ay.I NAME WTALOG Pq. YA TYFE fIIRFAC ,vnf r vA.N Duos Aecrnw.! ..ncw CxiT�twnF.P.,+.*.w!taow.r A wrtv.,•.aenwt !ao-w r.otAA....Pr •n x � bx,.w r,�.e- *F:+aAa.rrc. K PoLE ruA,WLL �novq wp POAf fpNlAr rtAPVP QCP,4'P[TE I YINA!iuzvw�L AYy,[p, �betV.PE, NP.WP,F CEwTnAAPP ,4 PfO.-n � aP�e Rr•s4M'TMFPP AATxryTMrerFRW vwros�wWlt��wf ,s t lfJ, ffATRh IiNPAw, C4.AA .;� Cuwaq [v.[=W t v*•P!eA.,aww, wTwA.Arw!LIRo cev+nAEa+ P-ec. ttel,M PMWW.rt Y.[[Yx I1. �xcowTauoA.faror.nm9 1J r�tc A..Pac!r .nc vwu uwm .Po.o. w.!t ouc..wLrn.Wv nun Pw+et,rr„A, EXHIBIT 22 PERMIT SET eras City o1 Seattle PuDllc Oh..k OI.,A.• Nr-tw ¢rrr„e� E3 ELECT DTLS & FIXTURE SCHEDULE CEDAR RIVER R� 3Z ACCESS FACILITY Q 776-257 :n[n -0 W 22 / APPRO)L \ NEW 6' WADE CONC SIDEWALK 1-405 ROW +. t CEDAR RIVER PARK F I-4D5 EXISTING PEDESTRIAN • / / 2 NEW RETAINING BRIDGE ~ �- . / NT£RPRETNE WALL AND C PANELS e , REMOVABLE SERVICE CABLE REMOVABLE �. WEIR QD ORDINARY HM WATER "PUBLIC WATERFRONT ACCESS' SIGN REMOVABLE BOLLARDS CITY of (� PORTABLE_ �/ LIVING iACILfi1FES ~ �" "� RENTON PARCEL UYIT OF EXfSTM SIGN - / PAPMX ROP LINE d o a IEGFNQ llTNJTY TRAILER W/ PERVIOUS CONC -- - TRASH rY RECYCLE PAVING -'.. CONTAINERS STATE OF PARCEI. ASPHALT PAVING ASHINGM EXISTING • .. .�;_ �_ • BOI.I.ARPS EMSTING GRATE •ICEaAR RIVER CONC SIDEWALK RAIL 40 20 0 40 80 ��f �- � EXIST PAVEMENT SCALE IN FEET -� ® NEW LANDSCAPE FIGURE 1: SITE LAYOUT PLAN EXHIBIT 23 LA" REMASTAKES, 7' LONG DRWEN NITO STREAM EED WELDED EYELETS FCM G\RLE 11WTN4G WELDED TO ANGLE IH" A!' R 3"ANGLE SLI6ETMTE MA 1 q"�S'Ot. WEIf%D 10 i ANTE SUBSTRATE RAIL SECTION (hnFEaEEent FFYbLoatim) RFNI(AIA&E 70' LONG FLMlm WEIR PICxET PANELS oRL11Acf HIGH WATT_R �- AnNSCO D O18LE WEW Hr Euv.310 (l W WATER ELN.24,Oi) r ITRN.S sueslN,ArE xnL P"lco WE REFLW Fl/EN WITH STREAM TQ IIEV.2T.0 ISFE SECTION A- LONGFTUDINAL STREAM TETRA TECH 1420 Fft A-. 9NY OW s"tft.WWFap1a1pB1ol 204EJ� Fac00FOOM W"CwE➢ FOR ADWRTISWG uM1( dt xws rAC DAR KtWf rI J. NA%AW OEPM INLHI [i EgZM71SE ACYRWS RlI/ e..alos EXHIBIT 24 PERMIT SET fCOLORED DISPLAY MAP I SFTE PLAN ERrw Clty of &Wtde cmrm. oFr.cw CEDAR RIVER ctmaaz ACCESS FACILITY a W DPIVERAY ..t. .M• i XCIPOINT #7 178-7 1]6a7001 / GR01NAR, :4GFI WATER l � 1 WATER LEVEL A7 ny[ OF SuRVEY .�• .� _ � ��x^ � - _ _ - _ - µ \ cAnrri IS AW41rcrt � APPROx - NEW CORD SIOEwALx 1-405 ROW I{ -,. f '_IVT LIF WORK PEOES-MAN x 1., / �� € x R ?10TM gR14GE s l a/, AND COI.VLw9 ;( / I PANEls EXI IING RE-TAINw Wki 1. wsriaixnav rAT'«`~4'�R J .- Ror w coRrRAcr .;; > - /♦ E 1302717. 11 - - - ! _ ORprµRV n�G+ WATER EL. 31.0 S CONTROL CvW' 05LEVEL , � �- RATER 29.1 AT rIML OF SURVEY C,DNTROI. PONT N 110227,39 R t762fi3.97 - 7LIB- E f]f125ii.10 - fR 0!f`.'3 .'•,_�=` ,/-LINK OS 1V(lfEK 1 E 1102"4.97 - ` ' - - V 1 - LrC.waiERFitORi ACCESS S+cR� - F lilofd7l ��:.• h•... _ �. Bxi, s PER F h107729, 17 8R1PG{ Y PFIMryVS PNr. SUPPORT P'N jl (:(IIIIMN �� EKiglFW.378232,08 r IT 1111101 i J9335S9B KIJSK �- e • N 170197 L ^� or N17E3iE-+9 -! ', \_\ INC* PEA m 10 0 2p w ll !Y - E s]036Y2.12_ I _ NC �F- PAVN9.(ISR/Yi7 y^' . 2 f BdLLAR05 SCALE IN FEET 57A I,p0 -AR�o ALpERMfT SET j l I0. !j c1 �0251E34 SITE LAYOUT PLAN apPRovEo FOR �nvETenswc „a.M, „� art r+nws wo ol*E ttt. Cif of Seattle 4 "� C+000J2 7E7i2A TECH KENMEM J. NaKAT50 CEDAR RIVER v. o[nARTYENi A EIiECVihE .rA4wCsmArrav j� Pu67fc n S w'H. e,"" 981 nao ttA+aC. ..sxacmR 20 ]� E!l1tAlEe — SOCKEYE `d 14VII F,wA—,.a. 9810r wxw wsa ` rIlex Nn. Ia N�w EaA2E8L8}9101 "" BROOD STOCK SITE 778-2a' EXHIBIT 25 O M ENAY � E wxaw 4R / / gRpPwvx HcH wn,[H � _ ¢0S arW ,r1 ` � E uozn o.7 � � f nvPRtx. uEr tone 5ronw-K /� PE'JES,RWI I 2 wE PRlTM AH6 CCl'AWa f f .. I4nu+ _ EY.141WG �E,MAXG NYtL f , Rlrt. .. f I CIREMiNT I6G11 IMTER FL 3�.0 2 I c �HlRoi Powi H h 17aza3ci . tarlRW 1W..e E I n7l 10 f f �� TFR i EVFE PR.6 AT TWE Of A AVE! i n-zo.d / :. r` `�ER.t or 1�can \\\\ rrp_; - 9 �„wcs voe on. .. -� `•�/ n azez z. f e ao6t -6 Ir i,naz9l�si - V - Shovel Probe .• 114-1. f _I fnEM m SurfaceTransect E 1]026 12 f f !%ISTrc r^Sp,yy, ""`>qm �7;1e a r }sE� PERMIT SET E ,Mz9,e24 ! f SITE LAYOUT PLAN I TETRA TECH �e.uTlc:: an'�� "� a.� � CttYt seattr CEDAR RIVER ctoowx 4 ;,. .xoA.. a Roo^ m SOCKEYE '°•� BROOD STOCK SITE tt"°° __.____ _ _ _---__�_._ Y� �. ..�a„� Figure 2. Cedar River Brood Stock Site project plan map, modified to show archaeological surface survey transects and shovel probe locations EXHIBIT 26 C U 7 3 �o- 6 v v� A %71 r a Renton --- Renton City Limits Parcels Regulated Slopes > 15 <= 25 25 -,= 40 Reg.. 40 <= 90 Reg.. —� 90 Regulated Renton Aerial SCALE 1 : 503 20 0 20 40 FEET 60 N EXHIBIT 30 http://rentonnet.org/MapGuide/maps/Parcel.mwf Tuesday, June 17, 2008 4:21 PM Figure S•1 Location Map Seattle Public Utilities Proposed Cedar River Sockeye Hatchery a 99 900 ``i Y 599 • entor 5 � cHUrar River 18 Alternative `_ a Broodstoek,/ Proposed and Collection Alternative Sites Hatchery Sites .. Ceder Rivar Kenl "i:r .. i S� 169 41 Ccr ingtw Nap+e Vn3krr -- 0 L3r vb ag 516 EXHIBIT 31 167 �SF 1641h St w m a K1 � llq i s 169 NE Atli St 136th St Legend Alternative Broodstock Unincorporated Collection Sites © King County BM Water Bodies Interstate 12M City of Renton s9 State Highway SE 128th 51 SE 138th St w Ettio,t'Bridge Site !sting Co l.-,gction Figure 1-Z Alternative Broadstock Collection Sites Vicinity Map Seattle Public utilities Proposed Cedar River Sockeye Hatchery EXHIBIT 32 V N 100 0 100 I l i i l l l l l l I 1" = 100' ce: TetrateUVKCM Inc. Legend New Impervious Surface Note: Based on concerns raised by the City of Renton, SPU has developed a mitigated design concept for this site. {See Figure 2.6-3) EXHIBIT 33 r :n R �id ., € € n Fish Weir _.4 I4V5 3rE" Love 40 0 40 80 I I I I I I I I I I 1"-40' S.-- Tetra, IVKCM Inc. Crane _ Legend New Impervious Surface Note'. Based on concems raised by the City of Renton, 5PU has developed a mitigated design concept for this site. (See Figure 2.6-3) Waste Holding Tank Adult Holding Tank �• n :a r Employee Office Exist Site -walk Fxis! Stine Mali I EXHIBIT 34 l" PVC Rubber Panel Connectors t Inflated Pontoon Seine Mesh RIVERBED Operating Position (Cross section. structure spans river.) Deflated Pontoon i j RIVERBED 2r: Lowered Position (Cross section. Structure spans rive(.) Airtight Caps for Mesh Front View Chain Steel Tube Hoops Driven into Substrate for Anchoring Figure 1-17 Temporary Weir Alternative Seattle Public Utilities Proposed Cedar River Sockeye Hatchery EXHIBIT 35 LANDSBURG MITIGATION AGREEMENT for the FISH MIGRATION BARRIER AT THE LANDSBURG DIVERSION DAM Between The City of Seattle and The State of Washington, Acting Through Its Governor; and the Department of Fish and Wildlife and The United States Department of Commerce, National Marine Fisheries Service and The U.S. Department of the Interior, Fish and Wildlife Service EXHIBIT 37 TABLE OF CONTENTS A. GENERAL TERMS AND CONDITIONS 1. The Parties 2. Purpose and Scope 3. Effective Date 4. Term 5, Amendment 6. Funding and Accomplishment of Work 7. Transfers of Funds 8. Convention Adopted for Schedule Commitments 9. Resolution of Disputes 10. Force Majeure 11. Termination by the City 12, Remedies B_ INTERIM MEASURES FOR STEELHEAD TROUT, AND COHO, CHINOOK, AND SOCKEYE SALMON 1. General 2, Interim Measures for Steelhead Trout, and Coho and Chinook Salmon 3. Interim Measures for Sockeye Salmon C. LONG-TERM MEASURES FOR STEELHEAD TROUT, AND COHO AND CHINOOK SALMON 1. General 2. Upstream Passage Facilities 3. Downstream Passage Facilities 4. Fish Screening Facilities D. LONG-TERM MEASURES FOR SOCKEYE SALMON 1. General 2. Replacement Sockeye Ilatchery 3, Lower Cedar River Habitat Restoration/Protection Landsburg Mitigation Agreement Table of Contents Page i of ii PAGE # rI S E. MONITORING AND ADAPTIVE MANAGEMENT 13 I. General 2. Evaluation of Fish Passage and Protection Facilities 3. Evaluation of the Sockeye Fry -production Program F. CEDAR RIVER ANADROMOUS FISH COMMITTEE 16 1. Membership 2. Committee Operation 3. Committee Role G. COMMITMENTS TO THE CITY BY TIIE OTHER PARTIES 16 1. Commitments by State of Washington 2_ Commitments by the Federal Parties EXHIBIT A: LANDSBURG MITIGATION AGREEMENT COST TABLE I.andsburg 1Mitigatiot> Agreement Table of Contents Page ii of ii A. GENERAL TERMS AND CONDITIONS 1. The Parties This Landsburg Mitigation Agreement ("LMA") is entered into by and between the City of Seattle ("the City"), a municipal corporation; the State of Washington, acting through its Governor; and the Washington State Department of Fish and Wildlife ("WDFW"); the United States Department of Commerce, National Marine Fisheries Service ("NMFS"); and the Department of the Interior, Fish and Wildlife Service ("FWS"). For purposes of this LMA, the term "Parties'' refers collectively to the City, WDFW, NMFS, and FWS. The terms of this LMA shall be binding upon the respective successors or assigns of each Party. 2. Purpose and Scope a. The City operates a municipal water supply diversion dam which has blocked approximately 12.4 miles of formerly accessible mainstem anadromous fish habitat on the Cedar River since the turn of the century. In addition, the City is responsible for managing the forest lands that constitute the entire sub -basin for this reach of river. Due to its present high quality condition and the City's commitment through its Cedar River Watershed Habitat Conservation Plan ("HCP") to manage the surrounding riparian and upland forest as an ecological reserve, the 12.4 miles of mainstem fish habitat plus associated tributary fish habitat between Lower Cedar Falls and the Landsburg Dam represents one of the most significant potential freshwater refuges for anadromous fish in our region. The City cannot allow fish passage to compromise drinking water quality or risk public health. Concern for the water quality effects of post -spawning fish carcasses has been a primary constraint on the decision of which anadromous fish, if any, could be allowed to pass above the water intake. Microbial and nutrient increases caused by the presence of decaying carcasses upstream of the water supply intake could adversely affect drinking water quality. However, the City recognizes the value of the highly protected habitat above the diversion dam for anadromous fish and proposes selective fish passage that is compatible with protection of drinking water quality. For species and/or circumstances in which fish passage must be limited or precluded, the City proposes various levels of funding to support alternative forms of mitigation_ In addition, the Parties recognize that fish habitat in the lower Cedar River downstream of the City's ownership boundary has beet) fundamentally degraded by rerouting, land development, bank armoring, and regulation of stream flows, but that many opportunities exist for habitat restoration downstream of Landsburg. In the past, strong concerns have been expressed by the City and by state and federal drinking water regulators about the human health risks associated with the passage of large numbers of salmon into the municipal water supply above the Landsburg diversion dam. Spawning carcass biomass (and therefore relative run. Landsburg Mitigation Agreement Page 1 of' 18 size) is an important factor when considering the impact of anadromous fish reintroduction above Landsburg. The City conducted a careful analysis of the potential impact of salmon spawning carcasses on drinking water quality. This assessment showed that, while passage of the mass -spawning sockeye above the water intake would compromise drinking water quality and public health, passage of coho, chinook, and steelhead above the intake was unlikely to present drinking water problems as long as the potential impacts of such passage on drinking water are carefully monitored, and as long as passage can be controlled i f any significant problems develop. b. The primary objectives of this mitigation agreement are to (1) Implement biologically sound, short and long term solutions that help provide for the recovery and persistence of healthy, harvestable runs of sockeye, coho, and chinook salmon and steelhead trout in the Cedar River; (2) Maintain a safe, high quality drinking water supply, (3) Implement restoration alternatives that have a high likelihood for success and that provide substantial value for target resources; (4) Provide fish passage over the Landsburg Diversion Dam, consistent with water quality protection, that is coordinated with run recovery, biological need, water supply operations, and Facility maintenance requirements; (5) Coordinate with and support other compatible fish protection and restoration activities in the basin to maximize total benefits to fisheries resources within an ecosystem context; and (6) Design restoration measures in a manner that satisfies any mitigation obligations the City may have for the Diversion Facilities (as defined in A.2.c.) as defined by existing state and federal law and pursuant to City ordinance and initiatives- C . The City commits, as specified in this agreement, to long- term measures to help restore anadromous fish runs and mitigate for the blockage at Landsburg Dam, including fish passage for coho, chinook, and steelhead; artificial production facilities as alternative mitigation to passage For sockeye; and habitat restoration below Landsburg Darn. In other agreements which, like this one, are part of the City's Cedar River Watershed Habitat Conservation Plan under the federal Endangered Species Act, the City addresses strearnflows and habitat protection and rehabilitation above Landsburg Dam. In particular, the City commits to provide for the planning, design, construction and operation of fish passage and production facilities as specified in sections B through E. The term "Diversion Facilities" refers to the City's Landsburg Diversion Dan- and water supply intake, and the water supply pipeline crossing at river mile 21.4 of the Cedar River, plus all appurtenant pipelines and related structures, as these facilities presently exist or may hereafter be reconstructed. Changes to the Diversion Facilities or to other Iacilities in the City's water supply system shall not change the Parties- commitments set forth in this LMA. d. The Parties agree that the City's compliance with the obligations contained in this LMA, as specified herein, shall, during the term of Landsburg Mitigation Agreement Page 2 of 18 this agreement, fully satisfy any responsibilities that each Party may contend the City has under existing state and/or federal law with respect to mitigation for the blockage of fish passage at Landsburg and the provision of fish guards (screens) on the water intake at the Diversion Facilities. The LMA does not include instream flows, which are addressed by a different agreement. There is established a Cedar River Anadromous Fish Committee ("the Committee" or "CRAFC") to aid in communication among the Parties and to advise the City concerning implementation of this agreement. The membership and role of this group is further described in section F of this agreement. The Committee shall be formed and begin operation not later than ninety (90) days after the Effective Date of this agreement. 3. Effective Date This LMA shall become effective on the first day after both of the following conditions have been met ("Effective Date"): a. all Parties sign the LMA, and b. the City, USFWS, and NMFS sign an Implementation Agreement ("IA") for the HCP. 4. Term The term of this LMA shall be 49 years beyond the end of HCP Year 1, as defined in subsection A.8, subject to extension upon written agreement of all Parties. 5. Amendment This LMA may be amended by mutual agreement of all Parties. Any amendment shall be in writing and signed by all Parties. 6. Funding and Accomplishment of Work a_ The City agrees to make available for LMA implementation the full amounts of money specified in Exhibit A (totaling $36,927,000) for each of the four Cost Categories of (1) '-Coho, chinook, and steelhead mitigation," (2) "Sockeye mitigation," (3) "Coho, chinook, and steelliead research and monitoring," and (4) `Sockeye research and monitoring." This commitment applies regardless of whether cost savings are achieved on individual activities. Except as provided in section B.2_a, the City will not be required to exceed these cost caps for each of these Cost Categories, unless it agrees to do so through a written amendment, or the Parties have agreed to extend the term of this agreement as provided for in AA. Exhibit A, attached to this agreement and incorporated by reference, shows the maximum expenditures Landsburg Mitigation Agreement Page 3 of IS which could be required of the City under this agreement, for each HCP year. Unspent funds from previous years can be carried over and added to annual maximums in succeeding years. Amounts actually spent in any given year will vary depending on the progress of various activities. b. All dollar amounts in this LMA are represented in 1996 dollars. These figures will be adjusted annually each full year after 1996 For inflation or deflation, based on the `Consumer Price Index for All Urban Consumers" published by the Bureau of Labor Statistics of the U.S. Department of Labor. If this index is discontinued or becomes unavailable, a comparable index will be designated by the Parties. The inflation adjustment established in this subsection shall also apply to the caps on City -initiated fund transfers established in subsection A.7, below. C. Except as otherwise provided in this agreement, and subject to applicable laws and regulations, the City retains authority to determine how LMA activities will be accomplished, including who will conduct the actual work_ However, the City will consider cooperative agreements with any of the Parties as a means of accomplishing some activities, including the use of the Parties' staff; as allowed under law_ The City does not, by this provision, assert authority to establish targets, timing, or location for releasing, planting, or placing fish in state waters from any production facility_ d. All Parties shall support the efficient and effective use ol, funds to accomplish the goals, objectives, and elements of the LMA within the overall cost cap and fund transfer limitations described below. C. Nothing contained in this agreement is intended to prevent the Parties from adding additional features to a facility, or otherwise improving its Functioning for the long-term benefit of fish resources, through cost sharing or similar arrangements. 7. Transfers of Funds Unless otherwise sped lied in this agreement no transfers of funds between the Cost Categories identified above in subsection A.6.a. may occur without a written amendment to this agreement (e.g., City can't transfer funds from "sockeye mitigation" to "coho, Chinook and steelhead mitigation"). However, the City shall have authority to make transfers oI funds among activities within each of the four Cost Categories (e.g_, City can transfer funds within "sockeye mitigation" cost category from interim mitigation to hatchery construction), provided such transfers ( l ) do not exceed $50,000 for capital (construction) project~ or $15,000 for operating activities; (2) don't exceed more than three transfers per year in any one cost category; (3) are described in annual reports to the Committee" (4) do not affect the City's ability to accomplish agreed -upon elements of the HCP; and (5) do not compromise the overall purposes and objectives of the HCP, including the LMA. 'Transfers of funds greater than Landsburg Mitigation Agreeinent PaL,c 4 of 1S $50,000 (capital) or $15,000 (operating) within each Cost Category can be made only with agreement of all Parties. 8. Convention Adopted for Schedule Commitments The schedule commitments in this LMA are expressed in terms of HCP Years. "HCP Year F shall mean the period between the Effective Date and the end of the following full calendar year. "HCP Year 2" and all succeeding HCP Years shall coincide with the calendar years that follow the end of HCP Year 1. 9. Resolution of Disputes a. The Parties recognize that disputes concerning implementation of this LMA may arise from time to time. It is the intention of the Parties to work together in good faith to resolve any such disputes through the procedures set forth below. AIthough the Parties prefer the use of alternative dispute resolution to the extent practicable, it is not a prerequisite to initiation of judicial proceedings as provided for under A.12. b. Any Party wishing to resolve a dispute under this LMA shall notify the other Parties by setting forth its position in writing, including a specific description of the situation it wishes to address, the reasons why it believes certain actions or conditions constitute a violation of the LMA (if that is the contention), and the action it wishes the Parties to take. Any other Party may submit to all of the Parties a written response within 30 days. C. Following this exchange of written statements, any Party through a policy -level administrator may invoke review of the dispute by contacting other Parties' policy -level administrators and arranging for a suitable telephone or in -person conference. d. In the event that the policy -level administrators fail to resolve the dispute. any Party may request mediation, which shall take place only if agreed to by all of the Parties. The mediator shall be selected by the Parties within 10 days of the request, and the process concluded within an additional 30 days, unless the Parties otherwise agree. Costs shall be shared equally by all Parties. 10. Force Maleure a. The term "force maleur_e " as used in this document, means events that are beyond the reasonable control of-, and that did not occur through the fault or negligence of, the City or any entity controlled by the City, including its contractors and subcontractors to the extent they are carrying out authorized activities, including but not limited to: acts of God; sudden actions of the elements, including lire; or actions of Congress, the Washington State Legislature, federal or state agencies or courts, or an action of a local jurisdiction Landsburg Mitigation Agreement Page 5 of 18 other than the City that prevents the City from performing its obligations under the terms of this agreement. b. Force majeure procedures. In the event that the City is wholly or partially prevented from performing obligations under this agreement because of a force majeure event, the City will be excused from whatever performance is affected by such force majeure event to the extent so affected, and such failure to perform will not be considered a material breach of this agreement, provided that (1) the City uses its best efforts to avoid and mitigate the effects of any delay; (2) the suspension of performance is of no greater scope and no longer duration than is reasonably required by the force majeure; (3) the City notifies the Parties orally within a reasonable time (normally not to exceed 48 hours) after becoming aware of any event that the City contends constitutes a force manure, and in writing within seven (7) calendar days after the event. Such notice will: identify the event causing the delay or anticipated delay; estimate the anticipated length of delay, state the measures taken or to be taken to minimize the delay; and estimate the timetable for implementation of the measures; and (4) when the City is able to resume performance of its obligations, it provides the Parties written notice to that effect. 11. Termination by the City The City may voluntarily terminate this agreement, provided it gives all other Parties written notice of its intent to terminate, explaining its reasons therefor, at least two years in advance of termination, and provided further that no such notice may be given in advance of the end of HCP Year 4. 12. Remedies Each Party shall have all remedies otherwise available in equity, including spec'fie performance, to enforce the terms of this agreement. No Party shall be liable in damages to any other Party or other person for any breach ofthis agreement, any performance or failure to perform a mandatory or discretionary obligation imposed by this agreement, or any other cause of action arising from this agreement. I_andsburg Ntitigation Agreement Page 6 of 18 B. INTERIM MEASURES FOR STEELHEAD TROUT, AND COHO, CHINOOK, AND SOCKEYE SALMON 1. General The City will make available the sum of $1,744,000 for the implementation of interim mitigation measures as described in this section B for the four anadromous fish species ($720,000 for steelhead trout, coho and chinook salmon mitigation, and $1,024,000 for sockeye salmon) until long-term mitigation measures are in place. The specific measures, implementation schedules, and cost scheduling will be as identified below unless modified by agreement of the Parties. 2. Interim Measures for Steelhead Trout, and Coho and Chinook Salmon a. The City will provide up to $90,000 per HCP year for interim mitigation measures for steelhead trout, and coho and chinook salmon, beginning in HCP Year 1 and continuing until the end of HCP Year 8. In the event that completion of construction of any of these facilities is delayed beyond the end of HCP Year 8, the provisions of section C.2.c, C.1c, and C.4.c shall govern continued mitigation measures. Notwithstanding any other provision of this agreement, if interim mitigation must be continued beyond HCP Year 8 for one or more of these facilities, the differential cost of continuing such interim mitigation, over what would otherwise be the cost of operating the permanent facilities, shall not be charged against the overall HCP cost cap, but shall be borne by the City independently of such cost cap. b. The interim mitigation funds shall be used, with agreement of all Parties, to accomplish the following: i) fund the implementation of life history, genetic. demographic and/or ecological studies to fill critical information gaps; ii) implement emergency supplemental production programs designed to help sustain and rebuild the populations in a manner that helps ensure their long-term reproductive fitness, and capacity to adapt to changing environmental conditions; and/Or iii) other measures deemed appropriate by the Parties to achieve the objectives of the LMA. if the Parties fail to agree on the form of interim mitigation within two years of initiating discussion of the issue, then the City shall spend the funds for fish habitat acquisition, restoration, or enhancement within the Lake Washington Basin. 3. Interim Measures for Sockeye Salmon The City will provide up to $256,000 per HCP Year for interim sockeye mitigation. Unless otherwise agreed to by the Parties, this funding is dedicated to the operation of the existing interim sockeye salmon hatchery facility at Landsburg, beginning in HCP Year 1 and continuing until the end of HCP Year 4 L.andsburg Mitigation Agreement Page 7 of 19 or until the proposed new hatchery facilities are completed, whichever is sooner, and subject to the provisions of D.2.f. The interim sockeye hatchery is owned by the City, which will remain responsible for assuring its continued operation, as required by the terms of this agreement. The facility will be operated by WDFW pursuant to a Memorandum of Agreement from July 1998 until July 2003. In the event that the replacement hatchery is not constructed by July 2003, the City will operate the hatchery, enter into a MOA with WDFW, or contract with another party to operate the hatchery. C. LONG-TERM MEASURES FOR STEELHEAD 'TROUT, AND COHO AND CHINOOK SALMON 1. General a. The Parties wish to enable anadromous fish to fully utilize the river habitats above Landsburg Dam, insofar as possible without negatively impacting safe drinking water. The City conducted a careful risk assessment of potential salmonid passage over Landsburg Dam and determined that, while passage of the mass -spawning sockeye above the water intake would compromise drinking water quality and public health, passage of the much less numerous colio, chinook, and steclhead above the intake was unlikely to present drinking water problems as long as the potential impacts of such passage on drinking water are carefully monitored, and as long as passage could be limited if any problerris occur. Therefore, as ftirther specified in Exhibit A, the City will provide up to $8,178,000 for the design, permitting (including any construction mitigation), construction, and operation of fish passage and protection facilities as described in subsections C.2 through C.4. Such expenditures, as well as the dates for initiation or completion of the activities specified below, are subject to the City's ability to obtain ally necessary permits and to successfully complete any requisite review process under the State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA) within the cost schedules and time frames described in this section C. b. Notwithstanding other provisions of this agreement, the City will create a Special Design Contingency 1�und of S583,000 in addition to the amounts specified in the HCP Cost Categories. This contingency amount is in addition to the 20% contingency assumed in the conceptual design cost estimates. This Fund shall be made available for construction of any of the fish passage facilities identified below, in the event that the City detennines, {ollowing a value engineering process at the 30% design phase, that such additional sums are needed to achieve the objectives of this agreement. Such funds shall not be available to fund any changes to facility designs that alter the intent of such facilities or expand their purposes beyond those stated in this agreement. c_ Once any one of the fish passage and protection facilities described in subsections C.2 through CA is completed, the City will provide up to Landsburg Mitigation Agreement Page 8 of 18 $50,000 per year to operate and maintain said facilities, for each year of operation for the duration of this LMA. Money for this activity is included in the total identified in subparagraph C.1.a. d. The Parties will agree on facility design, construction, and operation, with advice from the Committee as provided in section F. e. Once fish passage facilities are completed, all native fish species in the Cedar River, with the exception of sockeye salmon, will be allowed access to the municipal watershed through the fish ladders, as provided herein. The City will allow up to a total biomass of 46,500 pounds (e.g. about the equivalent of 1,000 chinook and 4,500 coho salmon) of adult chinook and coho salmon per year to pass into the habitat above the Landsburg Diversion Dam, provided the City has determined such action does not pose a risk to drinking water quality and public health. There will be no limit on passage of naturally produced steelhead trout. The City will monitor the effects of fish passage on drinking water quality and may increase or decrease the numbers of fish passed, based on the results of such monitoring, as described in subsection E.2. Prior to instituting measures to decrease fish passage, the City will select and consult with one or more independent experts, who will evaluate the situation and the available options, and will prepare a report with a recommendation as to whether fish passage can occur without posing a risk to drinking water quality and public health. The City will review the report with the Committee, and will provide an explanation for its decision regarding fish passage. In the event that the City decides to limit the numbers of fish allowed to pass above the diversion, it will do so pursuant to section E.2.e. f. If, prior to construction of any of the fish passage and protection facilities provided for in this section, the City determines that it is unable to obtain the necessary permits, it shall so advise the Parties. If, after consultation with the Committee; all of the Parties agree that alternative mitigation should be pursued in lieu of one or more of the proposed facilities, then the City will commit remaining construction, operation, and monitoring funds, at a level, and according to a schedule that does not exceed the total of its original commitments, to alternative mitigation. In the event that the Parties cannot agree on alternative mitigation by two years after they begin deliberations on the subject, these monies shall be spent by the City for fish habitat acquisition, restoration, or enhancement within the Lake Washington Basin. Obligations for interim mitigation funding under subsections C.2.c, C.3.c, and C.4.c shall cease upon initiation of such alternative mitigation. 2. Upstream Passage Facilities a. The City will provide up to $2,011,000 for the design, permitting (including any construction mitigation), and construction of upstream adult fish passage facilities at the Diversion Facilities. Landsburg Mitigation Agreement Page 9 of 18 b. The City will initiate design of upstream fish passage facilities immediately after the effective date of this agreement, with a target date for completing construction by the end of HCP Year 3, dependent on successful completion of permitting and environmental review. C. If, due to a force majeure event or the City's inability to successfully complete any required environmental review or obtain the necessary permits, construction activities are not completed by the end of HCP Year 8, the City will provide interim mitigation funds at a rate of up to $30,000 per year (1/3 the amount of the total annual interim mitigation funds for steelhead, coho and chinook), pro -rated in proportion to the fraction of each year that elapses between the beginning of the HCP year and the date construction is completed. This extended interim mitigation will cease in the event that the Parties decide that alternative mitigation be pursued, as provided for in C.l.£ 3. Downstream Passage Facilities a. The City will provide up to $958,000 For the design, permitting (including any construction mitigation), and construction of downstream fish passage facilities at the Diversion Facilities. b. The schedule for design and construction of downstream passage facilities shall be the same as for upstream passage facilities, as described in subsection C.2.b. C. If, due to a force tnajeure event or the City's inability to successfully complete any required environmental review or obtain the necessary permits, construction activities are not completed by the end of HCP Year 8, the City will provide interim mitigation funds at a rate of up to $30,000 per year ( t the amount of the total annual interim mitigation funds for steelhead. coho and chinook), pro -rated in proportion to the fraction ofeach year that elapses between the beginning of the HCP year and the date construction is completed, or until the Parties decide that alternative mitigation be pursued, as provided for in C.1.£ 4. Fish Screening Facilities a. The City will provide up to $2,859,000 For the design, permitting (including any construction mitigation), and construction of screening facilities to minimize any entrainment of_juvenile salmonids into the City's drinking water intake at the Diversion Facilities and to transport juvenile fish safely from the area upstream of the screens back to the river downstream of the diversion dam. b. Design of these facilities will be initiated immediately after the effective date of this agreement, with a target date for completion by the end of HCP Year 3, dependent on successful completion of permitting and environmental review. 1_andsburg Mitigation Ailueement Page 10 of 18 C. if the construction of the fish screening facilities has not been completed by the end of HCP Year S, the City will provide interim mitigation funds at a rate of up to $30,000 per year (113 the amount of the total annual interim mitigation funds for steelhead, coho and chinook), pro -rated over the fraction of each year that elapses until such time as construction is completed. This extended interim mitigation will cease in the event that the Parties decide that alternative mitigation be pursued, as provided for in C.11. D. LONGTERM MEASURES FOR SOCKEYE SALMON General a. To minimize and mitigate any long-term effects of the migration barrier created by the Diversion Facilities on sockeye salmon, the City will provide up to $23,347,000 for the design, permitting (including construction mitigation), construction, and operation of a sockeye hatchery to replace the interim hatchery at Landsburg (as described in subsection D.2) and for habitat restoration and/or protection in the lower Cedar River (as described in subsection D.3)_ Such expenditures, as well as the dates for initiation or completion of the activities specified below, are subject to the City's ability to successfully complete the requisite review process under the State Environmental Policy Act (SEPA) and the National Environmental Policy Act (NEPA) and obtain any necessary permits within the cost schedules and time frames described in this section D. b. The Parties, in consultation with the Committee, will oversee the long-term sockeye mitigation program, including design, constriction, and operation of the replacement hatchery, including reviewing monitoring results and making adjustments in the program as necessary to meet program objectives, as described in Part E. The Parties will ensure that a comprehensive public involvement and environmental review process for the long-term hatchery program is carried out prior to the end of HCP Year 3, when the Parties will make final decisions regarding the design, capacity, operating guidelines, and adaptive management features of the program. This process will be paid for by the City, subject to the provisions of section A.6. Once the Parties have approved the capacity. design, operating guidelines, and adaptive management program, the City will arrange for the construction of the replacement sockeye hatchery, and will own the hatchery. The City will operate or contract with WDFW and/or another party to operate the replacement hatchery during the tern of this agreement. Operations will be conducted pursuant to the monitoring and adaptive management provisions of section F, as well as other terns of this agreement, C. if at any time all Parties to this LMA agree that the replacement sockeye hatchery is no longer appropriate, then the City will commit Landsburg Mitigation Agreement Page ] ] of 18 any remaining construction, operation and/or monitoring funds to alternative mitigation at a level and according to a schedule that does not exceed the total of its original funding commitments for the sockeye fry production program. The form of the alternative mitigation shall be as agreed by the Parties, but in the event that no agreement is reached by two years after the Parties begin deliberations on the issue, the City shall spend any remaining funds for fish habitat acquisition, restoration, or enhancement in the Lake Washington Basin. 2. Replacement Sockeye Hatchery a. The City will provide a maximum of up to $7,678,000 for the design, permitting (including construction mitigation), and construction of a replacement sockeye salmon hatchery, and associated broodstoek collection and fry release facilities capable ot'producing up to 34,000,000 sockeye fry per year_ These facilities are described more fully in section 4.3 of the I ICP. In the event that the City is able to construct these facilities at a lower cost, the remaining funds may be spent for the benefit of any or all anadromous fish species as determined by the Parties, notwithstanding any other provision of this agreement, including section A.7. b. As part of the planning and design phase for the sockeye hatchery in HCP Years 1 through 3, the City will make available up to $200,000 to Support development and evaluation of measures to improve sockeye broodstoek collection practices, Development and evaluation of these measures will be overseen by the Parties, in consultation with the Committee, to an effort to improve the degree to which the interim and long term broodstoek collection practices will meet the dual objectives of- (1) capturing a sufficient number of brood fish in a manner that helps insure the long term reproductive fitness, genetic diversity and adaptive capacity of the Cedar River sockeye population; and (2) avoiding and minimizing potential detrimental impacts on naturally reproducing salmonids in the Cedar River. c_ In HCP Year I the City will provide $32,000 for the development of guidelines to direct the design, construction, operation and monitoring phases of the sockeye fry -production program, as further described in subsection E.3.b. cf. Design of the replacement sockeye hatchery will be initiated by the City in HCP Year 1. After completing the review process described in subsection D. l .b, the Parties shall agree in Year 3 as to the design., capacity, operating guidelines, and adaptive management program, developed pursuant to subsection E.3.b. The replacement hatchery facilities will be operational by September- I of HCP Year 5, dependent on timely completion of pernitting and environmental review. e. Once the replacement sockeye hatchery is constructed, the City will provide up to $300,000 per year to operate and maintain the facilities for Lanclsburg Mitigation Agre(mnent PaL,e 12 of US the term of this LMA. In the event that the City is able to operate these facilities at a lower cost, the remaining funds may be spent for the benefit of any or all anadromous fish species as directed by the Parties, notwithstanding any other provision of this agreement, including section A.7. f. If, due to a force majeure event or the City's inability to successfully complete any required environmental review or obtain the necessary permits, the facilities have not been completed by September 1 of HCP Year 5, the City will continue to provide funding for the existing interim facility at a level of $256,000 per year for each additional year beyond HCP Year 5 in which construction of the replacement hatchery has not been completed by September 1. In addition, the City shall make available an additional $44,000 for each such additional year, for mitigation to be determined by agreement of the Parties. These additional expenditures will be subtracted from the remaining funds in this Cost Category, and the obligation for such expenditures will cease in the event that the Parties establish alternative mitigation measures pursuant to subsection D.l.c, above. 3. Lower Cedar River Habitat Restoration/Protection The City will provide up to $1,637,000 in HCP Years 2 through 5 to acquire, restore, and/or protect habitat for any or all anadromous fish, especially chinook salmon, in the lower Cedar River outside the City's current property ownership boundary as directed by the Parties, in consultation with the Committee. Any unspent funds may be spent in subsequent years. This money shall be in addition to any monies reallocated to habitat restoration,/protection from other activities. E. MONITORING AND ADAPTIVE MANAGEMENT 1. General a. The Parties agree that mitigation measures contained in this LMA are intended to benefit the fishery resources of the Cedar River by protecting, improving and increasing available habitat and fish production. The Parties recognize the importance of monitoring mitigation measures and the conditions of the fish populations to assure that the purposes of this LMA and the HCP are met. The Parties also acknowledge that available information on certain complex ecological, genetic, and demographic processes is not complete. Therefore, the City; in cooperation with the other Parties, will sponsor and conduct certain studies, as specified in this section E, and act on the results as indicated to manage anadromous fish mitigation in an adaptive fashion. The Parties are committed to use adaptive management to address critical questions as they arise, and snake changes in management based on the results of monitoring to meet the specific objectives of the program. The details of adaptive management 1.andsburg Mitigation Agreement Page 13 of 18 for the sockeye mitigation program will be developed prior to the review and decision described in subsections D. Lb and D.2.d. b. Except as otherwise provided, changes in all major aspects of study planning, implementation, and coordination with other related studies shall, within the indicated cost constraints, be subject to the approval of the Parties, in consultation with the Committee, which shall meet as frequently as appropriate to address study requirements. The City shall use its best efforts to complete final study reports no later than one year after completion of the respective studies. 2. Evaluation of Fish Passage and Protection Facilities a. Fish passage and protection facilities witl be provided under this agreement to minimize any effects of the present migration barrier created by the Diversion Facilities on steelhead trout, and coho and chinook salmon. Subject to applicable permitting requirements, generally accepted standards and designs will be used to design, construct, and operate these facilities. To ensure that the mitigation measures are performing as intended, the City will provide the opportunity for the Parties to conduct a full final inspection of the completed facilities and will sponsor specified studies as described in this subsection E.2 to evaluate and monitor system performance. b. The City will provide up to a total of 3110,000 during the first 12 years after completion of the upstream fish passage facilities at the Diversion Facilities to monitor the rate of adult fish passage, and to better understand run timing, the rate of passage, and the rate at which the populations rccolonizc previously blocked habitat. C. Once the fish -screening facilities are constructed upstream of the drinking water intake, the City will provide tip to a total of $15,000 to perform hydraulic analyses to reline flow characteristics of the screens and demonstrate conformity with hydraulic parameters established by the Parties during the design of the facility. d. The City wilt provide up to S 10,000 per, year for a total of up to 6 years to measure the effects on drinking water of allowing anadromous fish above the Diversion Facilities. The first year of mcasurcnicnt will occur prior to the construction of the fish passage facilities to establish baseline parameters for selected water quality criteria. The remaining 5 years of measurement will be conducted in HCP Years S, t 0, 15, 20 and 25. If the results of the monitoring program indicate that the biomass of fish allowed to pass above the Diversion Facilities should be adjusted either upward or downward, based on drinking water quality or public health concerns, the City may act as provided in paragraph C. Le, above, to establish new limits for fish passage. Under no circumstances will the number of fish passed above the Diversion Facilities be allowed to pose a risk to drinking water quality and public health. Landsburg Mitigation AgrrmlleDt Page 14 of 18 C. If, to adequately protect drinking water quality, it becomes necessary to limit the biomass of adult fish allowed to pass above the Diversion Facilities below the biomass specified in C.1.e, the City will resume interim mitigation funding until such time as full fish passage can be restored. Under such circumstances, the City will provide up to $30,000 per year for each species that must be limited, prorated in proportion to the reduction in coho and Chinook biomass below the biomass specified in C.1.e. The Parties, in consultation with the Committee, shall agree on the form of such mitigation. If the Parties fail to agree on the form of such mitigation within two years of initiating discussion of the issue, then the City shall spend the funds for fish habitat acquisition, restoration, or enhancement within the Lake Washington Basin. 3. Evaluation of the Sockeye Fry -production Program a. Several key objectives have been established for the sockeye fry -production program. First, the replacement sockeye hatchery should be designed to produce up to 34 million fry, unless the Parties determine that a lower production capacity is appropriate. Second, the program should be designed to produce fry that are equivalent in quality to those that are produced naturally. Third, the program should avoid or minimize detrimental impacts on the reproductive fitness and genetic diversity of naturally reproducing sockeye salmon populations in the Cedar River and Bear Creek subbasins. Fourth, the program should avoid or minimize detrimental ecological impacts on native salmonids throughout the watershed. b. During HCP Year 1, the Parties, in consultation with the Committee and consistent with their respective authorities and other applicable laws, shall develop guidelines to govern the design, construction, operation, and monitoring phases of the sockeye fry production program. The guidelines will include procedures for developing and modifying annual production targets. C. The Parties recognize that adaptive response to emerging issues is desirable in management of the hatchery, and therefore have established a monitoring program to evaluate hatchery operations. The Parties recot;lize further that circumstances may occur which could cause them to modify expected outcomes or which could result in an inability to achieve production objectives. The City shall not be responsible for such circumstances or the results thereof d. To further ensure that the program is successful, the City will provide up to $3,473,000, as outlined in Exhibit A, to monitor the performance and potential impacts of the sockeye fry production program. Decisions regarding interpretation of monitoring results, alterations in the monitoring program, and alterations in production program operations will be made by the Parties, except as specified elsewhere in this LM.A. Landsburg Mitigation Agreetnent Wage 15 of 18 C. If, based on the monitoring results, the Parties, in consultation with the Committee, conclude that certain components of the program implementation are not meeting program objectives (stated in paragraph E_3.a, above), then the Parties, by agreement, may alter the program to meet those objectives, provided such alterations do not result in expenditures earlier than provided for nor change the total dollar amount allocated to the sockeye salmon mitigation program. f. if the sockeye fry -production program is discontinued according to the provisions set forth in subsection D. I _c. during the term of this LMA, or 1I'the City is unable to complete construction of the replacement sockeye hatchery, then the City will commit remaining monitoring funds, at a level not to exceed the total of its original commitments, to alternative mitigation as directed by the Parties pursuant to subsection D.I .e. F. CEDAR RIVER ANADROMOUS FISH COMMITTEE 1. Membership The Cedar River Anadromous Fish Committee shall have 10 members, as follows: one fir each signatory to this LMA, except the Governor; one for King County, contingent on the County's written endorsement of IICP; one for the Muckleshoot Indian Tribe (if they are not a signatory); one representing the group of organizations that were signatory to the .rune 11, 1999 Notice of Appeal of the Final EIS for the I ICP; and three other stakeholders selected by unanimous agreement of the Parties. Committee Operation The Committee shall be formed and begin operation not later than ninety (90) days after the effective date of this agreement. Meetings of the Committee may be in person or by telephone or by such other method as may be acceptable to the members_ The Committee may, by unanimous agreement of the :Parties plus a majority vote of other members, adopt by-laws to govern administrative matters such as notices, record -keeping, frequency of meetings, and mechanisms for convening the Committee. The City will chair the Committee and provide administrative support for its operation. 3. Committee Role The Committee will provide advice and consultation to the City concerning the implementation of this agreement, and shall serve as a forum for coordination and communication among the members of technical information oil the status and condition of anadromous fish stocks in the Cedar River and the implementation and oversight of interim and long-term mitigation measures for these species. I.andsburg lv 10gatiozi Agreement Page 16 of 18 G. COMMITMENTS TO THE CITY BY THE OTHER PARTIES 1. Commitments by the State of Washington a. The State of Washington, acting through its Governor and its WDFW, agrees that the City, if it is in substantial compliance with the terms of the LMA, including fully funding the annual operations of the facilities to be constructed under the terms of this agreement in the amounts set forth in Exhibit A, is in compliance with all requirements of existing state law with respect to the blockage of fish passage at Landsburg and the provision of fish guards (screens) on the water intake. `'Substantial compliance" means compliance with all essential terms and conditions of the LMA in all respects material to achieving the objectives of the LMA. The State, acting through its Governor and its WDFW, releases the City during the term of this agreement from any liability to the State that the State contends may exist under existing state law in connection with the blockage to fish passage resulting from the Diversion Facilities, or in connection with operation of the water intake, except instream flows, which are covered by a separate agreement. Further, the State, acting through its Governor and its WDFW, releases the City from any and all retrospective claims for liability prior to the execution of this agreement under existing state law for blockage to fish passage resulting from the Diversion Facilities and for operation of the water intake if the agreement is not terminated by the City prior to the term as stated in A.4. b. The State, acting through its Governor and its WDFW, agrees that, under existing state law and during the term of this agreement, any City actions to maintain and improve the Diversion Facilities would not be grounds to require any further mitigation for the blockage offish, as long as the Diversion Facilities and any improvements constructed as part of this LMA remain operable. This paragraph is not intended to excuse any violations of permits applicable to Diversion Facilities. 2. Commitments by the Federal Parties a. NMFS and USFWS agree that the mitigation measures set forth in this LMA, in combination with the other measures set forth in the City's HCP, sufficiently minimize and mitigate for take of Covered Species to meet all requirements of the Endangered Species Act, and entitle the City to issuance of an incidental take permit under the procedures set .forth in the IA. b. NIVIFS and USFWS agree that any City actions to maintain and improve the Diversion Facilities would not be grounds to require any further mitigation for blockage of fish or operation of the water intake, as long as the facilities constructed as part of -this agreement remain operable, and provided that any such maintenance or improvement does not affect Covered Species to a significantly greater degree than that analyzed under the HCP. Landsburg Mitigation Agreement Page 17 of 18 IN WITNESS WHEREOF, the City of Seattle has caused this Landsburg Mitigation Agreement to be executed by its Mayor pursuant to Resolution 29977, as amended by Resolution 3 009 1, and other Parties have executed the same pursuant to applicable legal authorities. THE CITY OF SEATTLE Paul Schell, Mayor THE STATE OF WASHINGTON By: Gary Locke, Governor Date: Date: By: Date: Jeff Koenings, Director Departnicnt of Fish and Wildlife U.S. DEPARTMENT OF COMMERCE, NATIONAL MARINE FISHERIES SERVICE By: Date: William W. Stelle. Regional Administrator DEPARTMENT OF THE INTERIOR U.S. FISH AND WILDLIFE SERVICE Bv: Date: Toin Dwyer, Deputy Regional Director Landshurg Mitigation Agreement Page 1$ of 18 EXHIBIT A to the LANDSBURG MITIGATION AGREEMENT LANDSBURG DAM MITIGATION AGREEMENT COSTS TABLE