HomeMy WebLinkAboutD_CAE_and_SME_PSE Repair_190725_v2_FINALDEPARTMENT OF COMMUNITY
AND ECONOMIC DEVELOPMENT
PLANNING DIVISION
CERTIFICATE OF EXEMPTION
FROM SHORELINE SUBSTANTIAL DEVELOPMENT AND
CRITICAL AREAS REGULATIONS
DATE: July 26, 2019
PROJECT NUMBER: LUA19-000130, SME, CAE
PROJECT NAME: GRA-16 Maple Valley R 2019 CRP
PROJECT MANAGER: Alex Morganroth, Associate Planner
OWNER: RAMAC Inc, 2003 Maple Valley Hwy, Renton, WA 98055 and;
City of Renton, 1055 S Grady Way, Renton, WA 98057
APPLICANT: Holly Mouser, PSE, PO Box 97034 M/S EST – 04W
LOCATION: 2003 Maple Valley Hwy and Maple Valley Hwy (SR 167) ROW
DESCRIPTION: The applicant, Puget Sound Energy (PSE), is requesting a Shoreline Exemption
and Critical Areas Exemption for the replacement of approximately 210 feet of
underground electrical cable within 200 feet of the Cedar River. The proposed work
would occur on the south side of Maple Valley Highway (SR 167) in the right-of-
way and on the private property at 2003 Maple Valley Hwy (APN 1723059103).
The project site is located in the Commercial-Office-Residential (COR) zoning
district and Urban Design District C. The total area of work is approximately 22,000
sq. ft. and would occur in two locations approximately ¼ mile apart (see Site Plan).
The work on the site at 2003 Maple Valley Hwy, approximately 1.9 acres in size,
would occur in the parking lot near the SR 167 ROW. The proposed work area on
the site (identified as “Area 1” on attached site plan) would occur in a High Seismic
Hazard Area, a Channel Migration Zone (CMZ), a Wellhead Protection Zone 1
Area, a Moderate Landslide Hazard Area, and the High Intensity Regulated
Shoreline Overlay within Reach C of the Cedar River (CR-C). The proposed work
area in the ROW (identified as “Area 2” on attached site plan) would occur in a
Channel Migration Zone, a Wellhead Protection Zone 1 Area, and a Moderate
Landslide Hazard Area. The work in both areas 1 and 2 would include the
replacement of approximately 210 linear feet of existing underground electrical
cable and conduit via a combination of bore and open trenching. Associated
electrical equipment in existing junction boxes and vaults and a conduit riser on
one existing utility pole would also be replaced. The project would include
approximately 190 linear feet of bore (with four bore pits) and 20 linear feet of open
trench. All excavation would occur within existing impervious surfaces except for
10 feet of soft surface within Area 1. The soft surface (grass) would be replaced
after the work is complete. No other trees or vegetation would be impacted by the
project. The project would not result in any impervious surface increase.
DocuSign Envelope ID: 21AB929A-439E-4641-B41F-BFADE9FB6B1C
City of Renton Department of Community & Economic Development Certification of Exemption
GRA- 16 Maple Valley Hwy R 2019 CRP LUA19-000130, SME, CAE
SEC-TWN-R:
LEGAL DESCRIPTION:
(King County Assessor)
SE17 – 23 - 5
POR OF SE 17-23-05 BEING KNOWN AS REV LEGAL DESC OF EXHIBIT D
OF BOUNDARY LINE AGREEMENT REC #20090112001505 APPROVED BY
CITY OF RENTON DAVID CHRISTENSEN DATED 01-22-09 SEE SURVEY
20090112900011
WATER BODY/REACH: Cedar River, Reach C
CRITICAL AREA(S): High Seismic Hazard Area, Channel Migration Zone (CMZ), Moderate Landslide
Hazard Area, and Wellhead Protection Area Zone 1
CRITICAL AREAS EXEMPTION JUSTIFICATION/DECISION: An exemption from critical area regulations, is
hereby APPROVED on the proposed project in accordance with RMC 4.3.050C “Exempt, Prohibited and
Nonconforming Activities” and for the following reasons:
“Maintenance and Repair – Any Existing Public or Private Use” includes normal and routine maintenance and repair
of any existing public or private uses and facilities where no alteration of the critical area and required buffer or
additional fill materials will be placed. The use of heavy construction equipment shall be limited to utilities and public
agencies that require this type of equipment for normal and routine maintenance and repair of existing utility or
public structures and rights-of-way. In every case, critical area and required buffer impacts shall be minimized and
disturbed areas shall be restored during and immediately after the use of construction equipment.
The proposal shall not disturb more than 5% of the critical area and required buffer.
Impacts would be minimized by containing the majority of the disturbed area to land that is already developed with
impervious surface (a roadway and parking lot).
SHORELINE EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial
Development Permit, is hereby APPROVED on the proposed project in accordance with RMC 4.9.190C “Exemption
from Permit System” and for the following reasons:
“Normal Maintenance” includes those usual acts to prevent decline, lapse, or cessation from a lawfully established
condition.
“Normal Repair” means to restore a development to a state comparable to its original condition, including by not
limited to it size, shape, configuration, location and external appearance, within a reasonable period after decay or
partial destruction, except where repair causes substantial adverse effects to the shoreline resource or environment.
Replacement of a structure or development may be authorized as repair where such replacement is the common
method of repair for the type of structure or development and the replacement structure or development is
comparable to the original structure or development including, but not limited to, its size, shape, configuration,
location and external appearance and the replacement does not cause substantial adverse effects to shoreline
resources or environment.
Normal and routine maintenance, operation and repair of existing parks and trails, or the construction of new trails,
streets, roads, rights-of-way and associated appurtenances, facilities and utilities where no alteration or additional
fill materials will be placed other than the minimum alteration and/or fill needed to restore those facilities or to
construct new trails to meet established safety standards. The use of heavy construction equipment shall be limited
to utilities and public agencies that require this type of equipment for normal and routine maintenance and repair of
existing utility structures and rights-of-way. In every case, critical area and required buffer impacts shall be
minimized and disturbed areas shall be restored during and immediately after the use of construction equipment.
Within existing and improved public road rights-of-way or easements, installation, construction, replacement,
operation, overbuilding or alteration of all natural gas, cable, communication, telephone and electric facilities, lines,
pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities
exceed the existing improved area or the public right-of-way, this exemption does not apply. Where applicable,
restoration of disturbed areas shall be completed.
DocuSign Envelope ID: 21AB929A-439E-4641-B41F-BFADE9FB6B1C
City of Renton Department of Community & Economic Development Certification of Exemption
GRA- 16 Maple Valley Hwy R 2019 CRP LUA19-000130, SME, CAE
FINDINGS:
The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.2.d:
i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or
State or Federal law or regulation;
ii. The activity will be conducted using best management practices as specified by industry
standards or applicable Federal agencies or scientific principles;
iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored;
iv. Where water body or buffer disturbance has occurred in accordance with an exemption during
construction or other activities, revegetation with native vegetation shall be required.
v. If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a
significant or substantial potential to degrade groundwater quality, then the Administrator may
require compliance with the Wellhead Protection Area requirements of this Section otherwise
relevant to that hazardous material, activity, and/or facility. Such determinations will be based
upon site and/or chemical-specific data.
The proposed development is:
Consistent with the policies of the Shoreline Management Act.
Not Applicable to the guidelines of the Department of Ecology where no Master Program has been finally approved
or adopted by the Department.
Consistent with the City of Renton Shoreline Master Program.
DECISION: The GRA- 16 Maple Valley Hwy R 2019 CRP critical areas and shoreline exemption, LUA 19-000130,
SME, CAE, is approved and is subject to the following condition:
1. The applicant shall obtain a Franchise Permit from the City of Renton prior to the start of any construction
activities within the right-of-way.
SIGNATURE & DATE OF DECISION:
Jennifer Henning, Planning Director Date
RECONSIDERATION (Critical Areas Exemption Only): Within 14 days of the decision date, any party may
request that the decision be reopened by the approval body. The approval body may modify his decision if material
evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of
fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original
decision, there will be no further extension of the appeal period. Any person wishing to take further action must file
a formal appeal within the 14-day appeal time frame.
APPEAL: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner
on or before 5:00 PM on August 9, 2019. An appeal of the decision must be filed within the 14-day appeal period
(RCW 43.21.C.075(3); WAC 197-11-680), together with the required fee to the Hearing Examiner, City of Renton,
1055 South Grady Way, Renton, WA 98057. RMC 4-8-110.B governs appeals to the Hearing Examiner and
additional information regarding the appeal process may be obtained from the City Clerk’s Office, (425) 430-6510.
EXPIRATION: Two (2) years from the date of decision (date signed).
Attachments: Site Plan
DocuSign Envelope ID: 21AB929A-439E-4641-B41F-BFADE9FB6B1C
7/26/2019 | 2:05 PM PDT
City of Renton Department of Community & Economic Development Certification of Exemption
GRA- 16 Maple Valley Hwy R 2019 CRP LUA19-000130, SME, CAE
DocuSign Envelope ID: 21AB929A-439E-4641-B41F-BFADE9FB6B1C