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HomeMy WebLinkAboutDOE2_D_Shoreline_Management_Permit_200222_v4_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_Shoreline Management Permit_200222_v4_FINAL A. ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: February 25, 2021 Project File Number: PR17-000670 Project Name: Verizon SEA Classics Wireless Communications Facility Land Use File Number: LUA20-000226, ECF, SSDP, CU-A Revision Project Manager: Alex Morganroth, Senior Planner Owner: RaMac, Inc, 4607 Forest Ave SE, Mercer Island, WA 98040 Applicant/Contact: Actualize LLC, 3020 Issaquah Pine Lake Rd SE, Ste 538, Sammamish, WA 98057 Project Location: 2003 Maple Valley Hwy, Renton, WA 98055 Project Summary: The applicant, Actualize LLC on behalf of Verizon Wireless, is requesting an Environmental (SEPA) Review, a Shoreline Substantial Development Permit (SSDP), and a minor revision to an approved Administrative Conditional Use Permit to install a concealed wireless communications facility (WCF) on the rooftop of an existing two-story commercial office building located at 2003 Maple Valley Hwy (Parcel #1723059103). The project was originally approved in 2018 (LUA17-000869) and, at that time, the equipment cabinets were proposed to be located inside the existing building. After approval of the SSDP and Administrative Conditional Use Permit, additional investigations by the applicant found that installing the equipment inside of the building was not structurally feasible. Therefore, the applicant has proposed locating the equipment cabinet in a new enclosure on the west side of the existing building. Due to the new proposal to locate the equipment within 200 feet of the Cedar River Shoreline ordinary high water mark (OHWM), the applicant is requesting a new SSDP, new SEPA threshold determination, and a minor revision to the approved Administrative Conditional Use Permit. The new proposal includes the installation of four panel antennas on the rooftop, as was approved as part of the original project. The four antennas would be screened by two 24 square foot RF- porous enclosures approximately eight (8) feet in height (two panels per enclosure). The proposal also includes the installation of an equipment cabinet approximately 150 sq. ft. in size that would be affixed to the west side of the existing building. Cabling contained within a covered exterior chase painted to match the façade would connect the equipment to the antennas on the roof of the building. A utility connection would be utilized to bring power to the equipment enclosure. A six (6) foot tall stucco flex fence would be installed around the enclosure, as well as nine (9) new shrubs. The subject parcel is 1.87 acres in size and has a zoning designation of COR, Commercial-Office-Residential, as well as an Urban Design District C Overlay. The parcel has a Comprehensive Plan Land Use designation of Commercial-Office- Residential. Critical areas mapped on-site include a high seismic hazard, protected slopes, a special flood hazard area, Channel Migration Zone (severe), and a Wellhead Protection Area Zone 1. The site is located within the Cedar River Reach C Regulated Shoreline area with a designation of Shoreline High Intensity. The applicant has proposed approximately 150 sq. ft. of new impervious surface in addition to minor vegetation removal. No trees are proposed for removal. The applicant submitted a SEPA checklist and General Habitat Area Review report with the application. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 2 of 21 D_Shoreline Management Permit_200222_v4_FINAL Project Location Map B. EXHIBITS: Exhibits 1-8: Exhibits 1-8 as shown in the ERC Report dated October 19, 2020 Exhibit 9: Administrative Decision Exhibit 10: Environmental Review Committee Decision dated October 19, 2020 Exhibit 11: Agency Comment, Duwamish Tribe, dated January 20, 2021. C. GENERAL INFORMATION: 1. Owner(s) of Record: RaMac, Inc, 2003 Maple Valley Hwy, Renton, WA 98055 2. Zoning Classification: Commercial Office Residential (COR) Urban Design District C Overlay 3. Comprehensive Plan Land Use Designation: Commercial Office Residential (COR) 4. Existing Site Use: Office (Multi-tenant) 5. Critical Areas: High seismic hazard area, protected slopes (40-90%), a special flood hazard area, Channel Migration Zone (severe), Wellhead Protection Area Zone 1 6. Neighborhood Characteristics: a. North: Commercial-Office-Residential (COR) Zoning District and Urban Design District C Overlay b. East: Vacant, Resource Conservation (RC) Zoning District and Urban Design District C Overlay Site Area: 1.87 acres DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 3 of 21 D_Shoreline Management Permit_200222_v4_FINAL c. South: Multi-family Residential, Commercial-Office-Residential (COR) Zoning District and Urban Design District C Overlay d. West: Cedar River 7. Site Area: 1.87 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Shane Annexation N/A 1789 09/09/1959 Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Verizon SEA Classics CUP LUA17-000869 N/A 02/08/2018 E. PUBLIC SERVICES: 1. Existing Utilities a. Water: Water service is provided to the existing structure by the City of Renton. There is an existing water main in Maple Valley Hwy (SR 169). b. Sewer: Sewer service is provided to the existing structure by the City of Renton. There is an existing sewer main in Maple Valley Hwy (SR 169). c. Surface/Storm Water: There is a public stormwater main in front of the site in the Maple Valley Hwy ROW. The stormwater main travels across the site and enters the Cedar River via an outfall on the south west side of the subject site. 2. Streets: Access to the site is provided via Maple Valley Hwy (169). Maple Valley Hwy (SR 169) is classified as a Highway. There are not complete street improvements along the frontage of the site. There is an existing sidewalk with no landscape buffer on the south side of Maple Valley Hwy (SR 169) in front of the project site. 3. Fire Protection: Renton Regional Fire Authority (RRFA) F. APPLICABLE SECTIONS OF THE RENTON MUNICIPAL CODE: 1. Chapter 2 Land Use Districts a. Section 4-2-020: Purpose and Intent of Zoning Districts b. Section 4-2-070: Zoning Use Table 2. Chapter 3 Environmental Regulations a. Section 4-3-050: Critical Area Regulations b. Section 4-3-090: Shoreline Master Program Regulations 3. Chapter 4 Property Development Standards a. Section 4-4-140: Wireless Communications Facilities Regulations 4. Chapter 9 Permits a. Section 4-9-030: Conditional Use Permit 5. Chapter 11 Definitions DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 4 of 21 D_Shoreline Management Permit_200222_v4_FINAL G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Utilities Element H. FINDINGS OF FACT (FOF): 1. The applicant, Actualize LLC on behalf of Verizon Wireless, is requesting an Environmental (SEPA) Review, a Shoreline Substantial Development Permit (SSDP), and a minor revision to an approved Administrative Conditional Use Permit (LUA17-000869) to install a concealed wireless communications facility (WCF) on the rooftop of an existing two-story commercial office building located at 2003 Maple Valley Hwy. 2. A similar WCF project was approved in 2018 (LUA17-000869) and proposed locating the equipment cabinets inside of the existing building. After approval of the SSDP and Administrative Conditional Use Permit, additional investigations by the applicant found that installing the equipment inside of the building was not structurally feasible and therefore the applicant has submitted a new proposal. 3. The Planning Division of the City of Renton accepted the above master application for review on September 25, 2020. Staff determined the application complete the same day and commenced a two- week public comment period. Per RMC 4-9-190.E.6, a thirty (30) day public comment is required for all Shoreline Development Permit applications. Therefore, an updated Notice of Application with a new thirty (30) public comment period was issued on December 16, 2020. The project complies with the 120-day review period. 4. The project site is located at 2003 Maple Valley Hwy (Parcel #1723059103). 5. A two-story, multitenant commercial/office building is located on the site. 6. Access to the site is provided via a single driveway off of Maple Valley Hwy. 7. The property is located within the Commercial-Office-Residential (COR) Comprehensive Plan land use designation and the Commercial-Office-Residential (COR) zoning classification. 8. The majority of the site consists of impervious surface, including the existing building and associated parking. 9. There are approximately ten (10) trees located on site, which the applicant is proposing to retain. 10. The site is mapped with high seismic hazard area, protected slopes, a special flood hazard area, Channel Migration Zone (severe), and a Wellhead Protection Area Zone 1. 11. The site is located in the Cedar River Reach C Regulated Shoreline Area and High Intensity Overlay, and the project is required to comply with the City of Renton Shoreline Master Program (RMC 4-3-090). 12. No grading is proposed on site. 13. The applicant is proposing to begin construction in spring of 2021 and end in summer of 2021. 14. Staff did not receive any public comments. 15. Staff received one agency comment from the Duwamish Tribe, dated January 20, 2021 (Exhibit 11). The comment concerned the potential for the discovery of Native American artifacts on the site during constructoin. Staff reviewed the comment and concluded that the potential for the discovery of artifacts is minimal due to project components being installed within areas of the site that have already been developed, as well as the minimal ground disturbance that would occur as a result of the project. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 5 of 21 D_Shoreline Management Permit_200222_v4_FINAL 16. Representatives from various city departments have reviewed the application materials to identify and address issues raised by the proposed development. These comments are contained in the official file, and the essence of the comments has been incorporated into the appropriate sections of this report and the Departmental Recommendation at the end of this report. 17. Comprehensive Plan Compliance: The parcel has a Comprehensive Plan Land Use designation of Commercial-Office-Residential. on the City’s Comprehensive Plan Map. The purpose of the designation is to The proposal is compliant with the following Comprehensive Plan Goals and Policies if all conditions of approval are met: Compliance Comprehensive Plan Analysis Compliant if conditions of approval met Policy U‐79. Require that the siting and location of telecommunications facilities be accomplished in a manner that minimizes adverse impacts on the environment and adjacent land uses. Staff Comment: See analysis below under FOF 21.a CUP. If conditions of the CUP are met the proposed concealed WCF would meet the policy objective. Compliant if conditions of approval met Policy U‐80. Require wireless communication structures and towers to be designed and site to minimize aesthetic impacts and to be co-located on existing structures and towers wherever possible. Staff Comment: See analysis below under FOF 21.g CUP. If conditions of the CUP are met the proposed concealed WCF would meet the policy objective. ✓ Goal L-P: Minimize adverse impacts to natural systems, and address impacts of past practice where feasible, through leadership, policy, regulation, and regional coordination. Compliant if conditions of approval met Goal L-BB: Maintain a high quality of life as Renton grows by ensuring that new development is designed to be functional and attractive. Staff Comment: See analysis below under FOF 21.a CUP. If conditions of the CUP are met the proposed concealed WCF would meet the policy objective. Compliant if conditions of approval met Goal L-FF: Strengthen the visual identity of Renton and its Community Planning Areas and neighborhoods through quality design and development. Staff Comment: See analysis below under FOF 21.a CUP. If conditions of the CUP are met the proposed concealed WCF would meet the policy objective. Compliant if conditions of approval met Policy L-55: Protect public scenic views and public view corridors, including Renton’s physical, visual and perceptual linkages to Lake Washington and the Cedar River. Staff Comment: See analysis below under FOF 21.a CUP. If conditions of the CUP are met the proposed concealed WCF would meet the policy objective. ✓ Policy SH-14. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means ensuring no net loss of ecological functions and processes in all development and use. Permitted uses should be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; littoral drift; erosion and DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 6 of 21 D_Shoreline Management Permit_200222_v4_FINAL accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. ✓ Policy SH-18. All economic activities on the shoreline shall provide for no net loss of ecological functions during construction and operation. ✓ Objective SH-E. Existing economic uses and activities on the shorelines should be recognized and economic uses or activities that are water-oriented should be encouraged and supported. 18. Zoning Development Standard Compliance: The site is located in the Commercial Office Residential (COR) District and the Urban Design District C on the City’s Zoning Map. Land with the COR zoning designation is intended to provide a mix of intensive office, hotel, convention center, and residential activity in a high- quality, master-planned development while remaining integrated with the natural environment. Commercial retail and service uses that are architecturally and functionally integrated are permitted. The scale and intensity of these sites will typically denote a gateway into the City and should be designed accordingly. The purpose of the design requirements in Urban Design District C is to encourage high- quality, pedestrian-scale structures in areas zoned Urban Center (UC) or Commercial Office Residential (COR). Although the design requirements for structures in Urban Design District C are not applicable to wireless communication facilities, the design and siting of new towers or equipment should be compatible with the goals and overall intent of the design regulations. All new wireless communication facilities are required to meet the standards and requirements in RMC 4-4-140 in lieu of the typical development standards based on zoning designation. Compliance Wireless Communication Facility Standards Analysis Compliant if condition of approval is met a. Equipment Shelters/Cabinets: Location - Equipment shelters and cabinets used to house related equipment should be located within buildings or placed underground, unless it is infeasible. Screening - Equipment shelters and cabinets shall be surrounded by a fifteen foot (15') wide sight obscuring landscape buffer around the outside perimeter of required security fencing with a minimum height that is no less than the height of the compound fence at any point. Existing topography, vegetation and other site characteristics may provide relief from the screening requirement. Size - The applicant shall provide documentation that the size of any equipment shelters or cabinets is the minimum necessary to meet the provider’s service needs. Generators – i. Architectural integration is required (if applicable). ii. To the extent feasible, generators shall be enclosed along with the related equipment. Similar to equipment shelters, the screening for the generator shall utilize similar building materials, colors, accents, and textures as the primary building; if no buildings exist on site, ensure that the building is designed to blend in with the environment. iii. A screening wall and/or landscaping material shall be required to mitigate visual impacts. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 7 of 21 D_Shoreline Management Permit_200222_v4_FINAL iv. Fences shall be constructed of materials that complement and blend in with the surroundings. v. Anti-graffiti finish shall be applied to all solid fences, walls, and gates. vi. A noise analysis shall be required to demonstrate that the generator will operate within allowed noise limits if the generator is the sole power source. Staff Comment: The associated cabinet equipment would be in an enclosed equipment shelter on the west side of the existing building and would screened through a combination of a stucco flex fence with nine (9) new shrubs. The cabling used to connect the interior equipment with the roof-mounted antennas would be located on the outside of the building in a fully enclosed exterior chase painted to match the existing façade. A generator is not included in the proposed project. Shall comply using the CUP Criteria below under FOF 21.a b. Maximum Height: The maximum building height permitted in the COR zone is 10 stories and/or 125 ft., or determined through site plan review when the project site is abutting a lot designated as residential. The maximum height of wireless communication facilities is governed by RMC 4-4-140F, which limits the height of concealed and/or camouflaged WCFs erected on a rooftop to sixteen feet (16') above the allowed zone height. Staff Comment: The max height above grade of the proposed concealed WCF is 33 feet. The proposal complies with the maximum height permitted in the COR zone. Shall comply using the CUP Criteria below under FOF 21.a c. Visual Impact: RMC 4-4-140F.3 requires that site location and development preserve the pre-existing character of the surrounding buildings and landscape to the extent consistent with the function of the communications equipment. Towers shall be integrated through location and design to blend in with the existing characteristics of the site to the extent practical. Existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized, unless such disturbance would result in less adverse visual impact to the surrounding area. Towers, antennas and related equipment shall be uniformly painted a non-reflective neutral color that best matches the colors within the immediately surrounding built and natural landscape in order to reduce the contrast between the WCF and the landscape. Staff Comment: The proposed location of the concealed WCF, on the rooftop of the existing structure, creates a negligible visual impact on the building. Both rooftop enclosures would extend a maximum of five feet above the existing parapet and would entirely screen the proposed antennas. The applicant has proposed matching the aesthetic look of the enclosure walls with the façade of the existing building. In addition, the proposed equipment cabinet enclosure would be affixed to the building and not create a significant visual impact due the distance from the Maple Valley Hwy ROW. See Conditional Use Permit analysis provided below in FOF 21.a, and the associated conditions of approval. N/A d. Setbacks: RMC 4-4-140F.4 requires that towers be set back from each property line by a distance equal to the tower height, unless an engineering analysis concludes that a reduced setback is safe for abutting properties and the Administrator determines that a reduced setback is appropriate for the site. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 8 of 21 D_Shoreline Management Permit_200222_v4_FINAL ✓ e. Maximum Noise Levels: RMC 4-4-140F.5 limits the noise of equipment associated with Wireless Communication Facilities to forty-five (45) decibels as measured from the nearest property line on which the facility is located. Staff Comment: The applicant has stated in their project narrative that they do not anticipate any changes in the noise levels. If noise levels exceed the maximum decibel limit, the applicant would be required to bring the proposed facility into compliance with code. ✓ e. Fencing: RMC 4-4-040 limits fences within commercial and industrial zoning to a maximum height of 8 feet. In addition, RMC 4-4-140F.6 requires the installation of security fencing coated with a non-reflective neutral fence. Staff Comment: The flex fencing proposed as a part of the concealed WCF project would be six (6) feet tall and therefore would comply with the fence regulations for commercial zone. ✓ f. Lighting: RMC 4-4-140F.7 prohibits the artificial lighting of towers or antennas, unless required by the FAA or other authority. Staff Comment: No new lighting is proposed as a part of the concealed WCF project. ✓ g. Advertising Prohibited: RMC 4-4-140F.8 prohibits the placement of advertising on any part of the Wireless Communication Facility or associated equipment. Staff Comment: The applicant has not proposed any type of advertising to be included on the structure. Compliance not yet demonstrated h. Building Standards: RMC 4-4-140F.9 requires support structures to be constructed to meet or exceed the most recent Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) 222 Revision G Standard. Prior to issuance of a building permit the Building Official shall be provided with an engineer’s certification that the support structure’s design meets or exceeds those standards. Staff Comment: The structural integrity of the proposed concealed WCF will be evaluated via engineering analysis at the time of application for the building permit. ✓ i. Radio Frequency Standards: RMC 4-4-140F.10 requires the applicant to ensure that the Wireless Communication Facility will not cause localized interference with the reception of area television or radio broadcasts. Staff Comment: The applicant does not anticipate any inference with the reception of the area television or radio broadcasts and would be required to immediately address any interference issues should they be reported. ✓ j. Concealed Wireless Communication Facility Standards: RMC 4-4-140 requires concealed facilities to meet minimum standards that effectively disguise the tower. 1. Building Addition: All antennas shall be fully concealed within a structure that is architecturally compatible with the existing building. Roof top additions shall be concealed on all sides. 2. Related Equipment: The related equipment shall be completely concealed inside a structure or inside an underground vault. Concrete masonry unit (CMU) walls and prefabricated facilities do not meet the intent of a concealed DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 9 of 21 D_Shoreline Management Permit_200222_v4_FINAL WCF. Equipment enclosures shall be designed to be compatible with the existing building/structure. 3. Materials: Fiberglass reinforced plastic or radio frequency transparent materials may be used to screen and integrate a WCF with an existing building. Visible transition lines between the old and new surfaces are prohibited. 4. Architectural Elements: New architectural features such as columns, pilasters, corbels, or other ornamentation that conceal antennas may be used if it complements the architecture of the existing building. Staff Comment: The antennas associated with the proposed WCF would be fully screened behind RF-porous panels painted to match the color of the existing façade. All associated cabinet equipment would be located within an enclosure abutting the existing building designed to match the design of the façade. See FOF 21 below for analysis related to the concealed WCF. 19. Shoreline Master Program Analysis: The subject site is located in the Cedar River Reach C Regulated Shoreline area and is therefore subject the shoreline regulations RMC 4-3-090 and requires a Shoreline Substantial Development Permit. SHORELINE MASTER PROGRAM CRITERA: A. COMPREHENSIVE PLAN COMPLIANCE AND CONSISTENCY, SHORELINE ELEMENT: The site is located in the Shoreline High-Intensity Overlay District. The objective of the High Intensity Overlay is to provide opportunities for large-scale office and commercial employment centers as well as multi-family residential use and public services. This district provides opportunities for water- dependent and water-oriented uses while protecting existing ecological functions and restoring ecological functions in areas that have been previously degraded. Development may also provide for public use and/or community use, especially access to and along the water's edge. The proposal is compliant with the following Shoreline policies: ✓ Policy SH-14. Shoreline use and development should be carried out in a manner that prevents or mitigates adverse impacts so that the resulting ecological condition does not become worse than the current condition. This means ensuring no net loss of ecological functions and processes in all development and use. Permitted uses should be designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that should be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; littoral drift; erosion and accretion; infiltration; ground water recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. ✓ Objective SH-E. Existing economic uses and activities on the shorelines should be recognized and economic uses or activities that are water-oriented should be encouraged and supported. ✓ Policy SH-18. All economic activities on the shoreline shall provide for no net loss of ecological functions during construction and operation. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 10 of 21 D_Shoreline Management Permit_200222_v4_FINAL B. DEVELOPMENT STANDARDS: The subject site is classified as Shoreline High Intensity on the City of Renton Shoreline Overlay Map. The following development standards are applicable to the proposal: 1. No Net Loss Required ✓ Shoreline use and development shall be carried out in a manner that prevents or mitigates adverse impacts to ensure no net loss of ecological functions and processes in all development and use. Permitted uses are designed and conducted to minimize, in so far as practical, any resultant damage to the ecology and environment (RCW 90.58.020). Shoreline ecological functions that shall be protected include, but are not limited to, fish and wildlife habitat, food chain support, and water temperature maintenance. Shoreline processes that shall be protected include, but are not limited to, water flow; erosion and accretion; infiltration; groundwater recharge and discharge; sediment delivery, transport, and storage; large woody debris recruitment; organic matter input; nutrient and pathogen removal; and stream channel formation/maintenance. Staff Comment: The project site is located along the northern shore of the Cedar River, a Shoreline of the State. Reach C of the Cedar River Shoreline is designated as High Intensity at the project location (Exhibit 3). Due to the enclosure being located within 200 feet of the OHWM of the Cedar River, the applicant submitted a General Habitat Area Review prepared by Terracon Consultants, dated August 21, 2020 (Exhibit 6). The existing building on the site has a footprint of 4,050 sq. ft. and is located approximately 80 feet from the Ordinary High Water Mark (OHWM) at its closest point. The applicant has proposed the installation of a 9.5 foot by 17.5 foot equipment enclosure adjacent to the northwest corner of the building. The enclosure would be located inside the 200 foot regulated shoreline area approximately 100 feet from the OHWM of the Cedar River. Due to the fact that the shoreline adjacent to the site is not in a natural state and has been altered through the installation of riprap and various other shoreline armoring materials, the consultant concluded that the proposed project would not impact any shoreline process or ecological functions of the Cedar River or adjacent upland area. 2. View Obstruction and Visual Quality ✓ View Corridors Required: Where commercial, industrial, multiple use, multi-family and/or multi-lot developments are proposed, primary structures shall provide for view corridors between buildings where views of the shoreline are available from public right-of-way or trails. Staff Comment: The antennas proposed WCF would be approximately five (5) feet higher in elevation than the existing structure and associated HVAC equipment. The screening proposed around the perimeter of the equipment shelter would be approximately six (6) feet tall and would stand significantly shorter than the existing building. Therefore, the proposed WCF will not impact the view of the Cedar River from the Cedar River Trail located on the other (south) side of the Cedar River. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 11 of 21 D_Shoreline Management Permit_200222_v4_FINAL N/A Minimum Setbacks for Commercial Development Adjacent to Residential or Park Uses: All new or expanded commercial development adjacent to residential use and public parks shall provide fifteen feet (15') setbacks from adjacent properties to attenuate proximity impacts such as noise, light and glare, and may address scale and aesthetic impacts. Fencing or landscape areas may be required to provide a visual screen. ✓ Lighting Requirements: Display and other exterior lighting shall be designed and operated so as to prevent glare, to avoid illuminating nearby properties used for noncommercial purposes, and to prevent hazards for public traffic. Methods of controlling spillover light include, but are not limited to, limits on the height of light structure, limits on light levels of fixtures, light shields, and screening. Staff Comment: See FOF 18.f. ✓ Reflected Lights to Be Limited: Building surfaces on or adjacent to the water shall employ materials that limit reflected light. Staff Comment: See FOF 18.f. ✓ Integration and Screening of Mechanical Equipment: Building mechanical equipment shall be incorporated into building architectural features, such as pitched roofs, to the maximum extent feasible. Where mechanical equipment cannot be incorporated into architectural features, a visual screen shall be provided consistent with building exterior materials that obstructs views of such equipment. Staff Comment: See FOF 18.j . N/A Visual Prominence of Freestanding Structures to Be Minimized: Facilities not incorporated into buildings including fences, piers, poles, wires, lights, and other freestanding structures shall be designed to minimize visual prominence. N/A Maximum Stair and Walkway Width: Stairs and walkways located within shoreline vegetated buffers shall not exceed four feet (4') in width; provided, that where ADA requirements apply, such facilities may be increased to six feet (6') in width. Stairways shall conform to the existing topography to the extent feasible. 3. Community Disturbances: ✓ Noise, odors, night lighting, water and land traffic, and other structures and activities shall be considered in the design plans and their impacts avoided or mitigated. Staff Comment: The proposed WCF would be fully screened and located over a half mile from the nearest residential use. The WCF would not create any noise, traffic, visual, or odor impacts on or near the site. 4. Public Access Physical or visual access to shorelines shall be incorporated in all new development when the development would either generate a demand for one or more forms of such access, would impair existing legal access opportunities or rights, or is required to meet the specific policies and regulations of the Shoreline Master Program. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 12 of 21 D_Shoreline Management Permit_200222_v4_FINAL ✓ Cedar River Reach C: Public/community access along the waterfront should be provided as private lands on the north side of the river redevelop, considered along with the goal of restoration of ecological functions. Public or community access shall be provided when residential development occurs consistent with standards of the Shoreline Master Program. Staff Comment: The proposed WCF is not classified as redevelopment and therefore does not trigger the public access requirement for the site. 5. Building and Development Location – Shoreline Orientation Shoreline developments shall locate the water-dependent, water-related, and water-enjoyment portions of their developments along the shoreline. Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site to maximize vegetation conservation; minimize impervious surfaces and runoff; protect riparian, nearshore and wetland habitats; protect wildlife and habitats; protect archaeological, historic and cultural resources; and preserve aesthetic values. ✓ Location of Development: Development and use shall be designed in a manner that directs land alteration to the least sensitive portions of the site. Staff Comment: The proposed location of the concealed WCF on an existing structure is the least impactful method of siting a WCF of natural areas. The proposed equipment enclosure would be attached to the building and located on a developed, previously altered portion of the site. No part of the proposal would be located on undeveloped areas of the site within the shoreline. ✓ Minimization of Site Alteration: Development shall minimize site alteration in sites with substantial unaltered natural features by applying the following criteria: (a) Vehicle and pedestrian circulation systems shall be designed to limit clearing, grading, and alteration of topography and natural features. (b) Impervious surfacing for parking lot/space areas shall be limited through the use of under-building parking or permeable surfaces where feasible. (c) Utilities shall share roadway and driveway corridors and rights-of-way wherever feasible. (d) Development shall be located and designed to avoid the need for structural shoreline stabilization over the life of the development. Exceptions may be made for the limited instances where stabilization is necessary to protect allowed uses, particularly water-dependent uses, where no alternative locations are available and no net loss of ecological functions will result. Staff Comment: Previously unaltered natural features on the site would not be impacted in any way as a result of the proposed WCF. ✓ Location for Accessory Development: Accessory development or use that does not require a shoreline location shall be located outside of shoreline jurisdiction unless such development is required to serve approved water-oriented uses and/or developments or unless otherwise allowed in a High Intensity designation. When sited within shoreline jurisdiction, uses and/or developments such as parking, service buildings or areas, access roads, utilities, signs and storage of materials shall be DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 13 of 21 D_Shoreline Management Permit_200222_v4_FINAL located inland away from the land/water interface and landward of water-oriented developments and/or other approved uses unless a location closer to the water is reasonably necessary. Staff Comment: Major utilities are a permitted use in the High Intensity shoreline overlay. The proposed project would not impact the land/water interface and would not impact the shoreline in any way, as concluded in the General habitat Area Review (Exhibit 6). ✓ Navigation and Recreation to Be Preserved: Shoreline uses shall not deprive other uses of reasonable access to navigable waters. Existing water-related recreation shall be preserved. 6. Standards for Density, Setbacks, and Height Compliant if condition of approval is met Setbacks and buffers from the OHWM: High Intensity Overlay District - For non-water oriented uses a 100 foot setback is required from the OHWM. Staff Comment: The existing site and structure are classified as legal non-conforming due the buildings location within 100 feet of the OHWM. The rooftop mounted WCF antennas would not increase the footprint or impervious surface on site and would not result in a loss of ecological function. Based on the site plan submitted by the applicants (Exhibit 3), a small portion of the equipment cabinet is located within the 100-foot setback. Therefore, staff recommends as a condition of approval that the applicant be required to locate the entire cabinet structure fully outside of the 100- foot setback, or apply for a Shoreline Variance requesting the setback encroachment. Compliance with the setback would be reviewed by the Current Planning Project Manager at the time of formal building permit application review. ✓ Vegetation Conservation Buffer: 100 feet. Cedar River Reach C Standard: Enhancement of native riparian vegetation shall be implemented as part of park management, balanced with needs of flood control levees and opportunities to provide public visual and physical access to the shoreline. Staff Comment: See “Setbacks and buffers from OHWM” under FOF 19.6 above. ✓ Building Height – Maximum: In water – 35 ft. Within 100 feet of OHWM – 35 ft. More than 100 feet from the OHWM – 35 ft. Height up to that established in chapter 4-2 RMC, Zoning Districts – Uses and Standards, may be allowed for non-water-dependent uses in the following reaches: Lake Washington Reaches C, H, I, and J; Cedar River Reaches A, B, and C; Black River Reach A; May Creek Reach B; and Springbrook Creek Reaches B, C, and D: For buildings landward of one hundred feet (100') from OHWM, the maximum building height shall be defined by a maximum allowable building height envelope that shall: DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 14 of 21 D_Shoreline Management Permit_200222_v4_FINAL i. Begin along a line laying parallel to and one hundred feet (100') from OHWM at a height of either thirty five feet (35') or one half (1/2) the maximum height allowed in the underlying zone, whichever is greater; and ii. Have an upward, landward transition at a slope of one vertical to one horizontal from the beginning height either (a) until the line at which the maximum height allowed in the underlying zoning in chapter 4-2 RMC is reached (from which line the height envelope shall extend landward at the maximum height allowed in the underlying zoning), or (b) to the end of shoreline jurisdiction, whichever comes first. Compliant if condition of approval under FOF 19 is met Impervious area within the Buffer/Setback: 5% Staff Comment: The project would not result in an increase in impervious surface area in the buffer or setback if all conditions of approval are met. ✓ Impervious area within 100 feet of the OHWM: 50% Footnote 11: No limit for the Renton Municipal Airport. Staff Comment: See “Setbacks and buffers from OHWM” under FOF 19.6 above. 7. Use Regulations: a. Major Service Utilities: Permitted in the High Intensity Overlay subject to the following criteria: N/A Local utility services needed to serve water-dependent and other permitted uses in the shoreline are subject to standards for ecological protection and visual compatibility ✓ Major utility systems shall be located outside of shoreline jurisdiction, to the extent feasible, except for elements that are water-dependent and crossings of water bodies and other elements of shorelands by linear facilities. Staff Comment: Locating the WCF outside of the shoreline jurisdiction area is not feasible, as the entire site is located within the shoreline jurisdiction. The proposed WCF antennas would be located on top of the existing building on the site and fully screened to ensure no impact on the shoreline. The equipment enclosure would be located on a developed portion of the site and would not impact the shoreline. N/A New public or private utilities shall be located inland from the land/water interface, preferably out of shoreline jurisdiction, unless: (a) Perpendicular water crossings are unavoidable; or b) Utilities are necessary for authorized shoreline uses consistent with the Shoreline Master Program. N/A Linear facilities consisting of pipelines, cables and other facilities on land running roughly parallel to the shoreline shall be located as far from the water’s edge as feasible and preferably outside of shoreline jurisdiction. N/A Utility crossings of water bodies shall be attached to bridges or located in other existing facilities, if reasonably feasible. If new installations are required to cross water bodies or wetlands they should avoid disturbing banks and streambeds and shall be designed to avoid the need for shoreline stabilization. Crossings shall be DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 15 of 21 D_Shoreline Management Permit_200222_v4_FINAL tunneled or bored where reasonably feasible. Installations shall be deep enough to avoid failures or need for protection due to exposure due to streambed mobilization, aggregation or lateral migration. Underwater utilities shall be placed in a sleeve if reasonably feasible to avoid the need for excavation in the event of the need for maintenance or replacement. N/A In areas where utility installations would be anticipated to significantly alter natural groundwater flows, a barrier or conduit to impede changes to natural flow characteristics shall be provided. N/A Excavated materials from construction of utilities shall be disposed of outside of the vegetation conservation buffer except if utilized for ecological restoration and shall be specified in submittal materials. ✓ Utilities shall be located and designed to avoid natural, historic, archaeological or cultural resources to the maximum extent feasible and mitigate adverse impacts where unavoidable. ✓ Utilities shall be located, designed, constructed, and operated to result in no net loss of shoreline ecological functions with appropriate on- and off-site mitigation including compensatory mitigation. Staff Comment: See analysis under FOF 19.B.1 N/A Site planning and rights-of-way for utility development should provide for compatible multiple uses such as shore access, trails, and recreation or other appropriate use whenever possible. Utility right-of-way acquisition should be coordinated with transportation and recreation planning. ✓ Vegetation Conservation: (a) Native vegetation shall be maintained whenever reasonably feasible, (b) When utility projects are completed in the water or shoreland, the disturbed area shall be restored as nearly as possible to the original condition, (c) All vegetation and screening shall be hardy enough to withstand the travel of service trucks and similar traffic in areas where such activity occurs. Staff Report: No vegetation would be altered or disturbed, either temporarily or permanently, as a result of the proposed project. ✓ Communications (applicable to radar transmission installations, cable television/radio antennas, and wireless communications facilities): a. Communications installations may be permitted in the shoreline area only when there existing no feasible site out of the shoreline and water area. b. All structures shall meet the screening requirements in the criteria for all utilities, above. c. If approved within the shoreline, such installations shall reduce aesthetic impacts by locations as far as possible from residential, recreational, and commercial activities; d. Cellular communication facilities may be located in the shoreline only when mounted on buildings and screened by architectural features compatible with the design of the building. Staff Comment: See analyses under FOF 19.7.a and FOF 18.c. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 16 of 21 D_Shoreline Management Permit_200222_v4_FINAL 20. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The proposal is consistent with the Critical Areas Regulations, if all conditions of approval are complied with: Compliance not yet demonstrated Geologically Hazardous Areas: Based upon the results of a geotechnical report and/or independent review, conditions of approval for developments may include buffers and/or setbacks from buffers. A standard 15-foot building setback is required for all structures from Protected Slope areas. A 50-foot buffer and 15-foot building setback are required from Very High Landslide Hazard Areas. Staff Comment: The proposed WCF would be located outside of the 15 foot building setback for protected slopes. A geotechnical report was waived as part of the land use submittal application. However, a geotechnical report may be required as part of the building permit submittal at the discretion of the Building Official. ✓ Wellhead Protection Areas: Staff Comment: The proposed wireless facility is not identified as a prohibited activity in Zone 1 and does not have the potential to significantly impact groundwater quantity or quality. If any fill is proposed to be brought to the site a fill source statement would be required. ✓ Special Flood Hazard Area: Staff Comment: A small portion of the site is located in a flood hazard area. However, the proposed WCF would be installed completely outside of the flood hazard area on the roof of any existing building. ✓ Channel Migration Zone: Staff Comment: A portion of the site is located in the Cedar River Channel Migration Zone (Severe). Due to the fact that the subject project involves the installation of wireless equipment and does not increase the amount of habitable space on the site or require any dredging or shoreline armoring, limited impacts are expected. In addition, due to the fact that channel migration events typically happen slowly over the course of months or years, the applicant could relocate the equipment to another site outside of the zone. 21. Conditional Use Minor Revision Analysis: In lieu of the criteria normally evaluated for Conditional Use Permits, the following criteria (RMC 4-9-030E) will be considered in determining whether to approve a Conditional Use Permit minor revision (LUA17-000869)for a wireless communication facility. Compliance Conditional Use Analysis for Wireless Facilities Compliant if condition of a. Height and Design of the Proposed Tower: The height of the proposed tower and/or antenna as well as incorporation of design characteristics that have the effect of reducing or eliminating visual obtrusiveness. Staff Comment: The proposed location of the concealed WCF antennas, on the rooftop of the existing structure, creates no significant visual impact on the building or site as a whole. All rooftop mounted equipment would be fully screened by RF-porous panels and associated cabinet equipment would be adjacent to the existing building. The two antenna enclosures would extend a maximum of five feet above the existing building parapet and would not have a significant impact on the overall look of the building or DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 17 of 21 D_Shoreline Management Permit_200222_v4_FINAL approval is met site when viewed from the public ROW. The applicant has proposed matching the aesthetic look of the enclosure walls with the façade of the existing building. Detailed information on the screening wall material and color was not provided to staff at the application submittal. In order to ensure that enclosures adequately match the architectural and style of the existing building, staff recommends as a condition of approval that the applicant provide detailed information on the screening color and materials to the Current Planning Project Manager prior to building permit issuance. The proposal also includes the installation of an equipment cabinet approximately 150 sq. ft. in size that would be affixed to the west side of the existing building. Cabling contained within a covered exterior chase painted to match the façade would connect the equipment to the antennas on the roof of the building. A six (6) foot tall stucco flex fence would be installed around the enclosure, as well as nine (9) new shrubs. The proposed stucco fence combined with the perimeter shrubs would significantly decrease the visual impact of the equipment cabinet. After completion, the cabinet would look substantially similar to other enclosures for equipment or refuse contains that are typically found on commercial or industrial sites. ✓ b. Proximity of The Tower to Residential Structures And Residential District Boundaries: The nature of uses on adjacent and nearby properties and the proximity of the tower and/or antenna to residential structures and residential district boundaries. Staff Comment: The only existing residential uses nearby in the COR designation are the Riviera Apartments to the south of the project site. The proposed concealed WCF would be located approximately 250 feet from the nearest unit in the Rivera Apartments building. Trees on the southeast side of the site between the site and the residential uses already provide significant screening of the commercial building. Due the proposed rooftop location, the WCF would not have a negative impact on any residential uses in the nearby area. ✓ c. Nature of Uses On Adjacent and Nearby Properties: The nature of uses on adjacent and nearby properties. The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. Staff Comment: See FOF 21.b above. ✓ d. Topography and Vegetation: The surrounding topography and tree canopy coverage. Staff Comment: A small portion of existing landscaping would be removed to accommodate the equipment enclosure that includes both grass and a single shrub. There are existing significant trees located on the project site that would not be affected as a result of the proposed project. ✓ e. Ingress/Egress: Vehicular access to the project site would be provided via an existing driveway off of Maple Valley Hwy and through the existing parking lot on the site. No changes are proposed to the existing vehicular access to the project site. ✓ f. Impacts: The potential noise, light, glare, and visual impacts. Staff Comment: The impacts of light, glare, and noise are not anticipated to be above what would be permitted in the COR zone. See FOF 18 for additional analysis. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 18 of 21 D_Shoreline Management Permit_200222_v4_FINAL ✓ g. Colocation Feasibility: The availability of suitable existing towers and other structures to accommodate the proposal. Staff Comment: The applicant submitted satisfactory evidence that no existing tower or support structure can accommodate the proposed equipment relocation. An existing utility pole nearby with T-Mobile equipment has limited space for additional antennas due to separation requirements between various antennas. In addition, there are no existing towers within 0.5 miles from the project site and there is limited wireless service in the immediate vicinity. A colocation feasibility analysis is attached as Exhibit 8. ✓ j. Consistency With Plans And Regulations: The compatibility with the general purpose, goals, objectives and standards of the Comprehensive Plan, this Title, and any other City plan, program, map or ordinance. Staff Comment: As previously discussed above under FOF 17 and 18 the proposed installation of the proposed concealed WCF is consistent with the City’s adopted Comprehensive Plan, Zoning Ordinance, and RMC 4-4-140 Wireless Communication Facilities regulations provided the conditions of approval is complied with. ✓ k. Landscaping: Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. Staff Comment: The applicant has proposed the installation of nine (9) shrubs around the perimeter of the equipment cabinet, which would adequately screen the cabinet structure. The existing tree canopy would provide adequate screening of the roof-top mounted WCF from the residential uses to the southeast. 22. Availability and Impact on Public Services: Compliance Availability and Impact on Public Services Analysis ✓ Police and Fire: Police and Fire Prevention staff indicates that sufficient resources exist to furnish services to the proposed development. Compliance not yet demonstrated Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Staff Comment: Impacts to drainage would be evaluated at the time of formal building permit application review. ✓ Water: Water service is not required for the proposed project. ✓ Sanitary Sewer: Sewer service is not required for the proposed project I. CONCLUSIONS: 1. The subject site is located in the Commercial Office Residential (COR) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 17. 2. The subject site is located in the Commercial Office Residential (COR) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code and conditions of approval, see FOF 18. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 19 of 21 D_Shoreline Management Permit_200222_v4_FINAL 3. The concealed WCF meets the ten development standards that apply specifically to new Wireless Communication Facilities, provided the applicant meets all conditions of approval, see FOF 18. 4. The proposed concealed WCF complies with all Shoreline Master Program regulations, see FOF 19. 5. The proposed concealed WCF complies with the Critical Areas Regulations provided the applicant complies with City Code and conditions of approval, see FOF 20. 6. The proposed concealed wireless communication facility meets the nine special decision criteria considered when making a decision on a conditional use permit request for a Wireless Communications Facility, as specified in RMC 4-9-030E, provided the applicant meets all conditions of approval, see FOF 21. 7. There are adequate public services and facilities to accommodate the proposed concealed WCF, see FOF 22. J. DECISION: The Verizon SEA Classics Wireless Communications Facility Substantial Development Permit and Conditional use Permit Minor Revision, File No. LUA20-000226, ECF, SSDP, CU-A Revision, as depicted in Exhibit 2, is approved and is subject to the following conditions: 1. The applicant shall submit material and color details of the rooftop screening enclosure for approval by the Current Planning Project Manager prior to Building Permit issuance. 2. The applicant shall locate the entire equipment cabinet structure fully outside of the shoreline 100-foot structure setback, or apply for a Shoreline Variance. Compliance with the shoreline setback would be verified by the Current Planning Project Manager at the time of formal building permit application review. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee, Planning Director Date TRANSMITTED on February 25, 2021 to the Owner/Applicant/Contact: Owner: Applicant/Contact: RaMac, Inc 4607 Forest Ave SE Mercer Island, WA 98040 Actualize LLC 3020 Issaquah Pine Lake Rd Suite 538 Sammamish, WA 98057 TRANSMITTED on February 25, 2021 to the Parties of Record: Duwamish Tribe 4705 W Marginal Way SW Seattle, WA 98105 DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 2/25/2021 | 7:55 AM PST City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 20 of 21 D_Shoreline Management Permit_200222_v4_FINAL TRANSMITTED on February 25, 2021 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Property Services Matt Herrera, Interim Current Planning Manager Anjela Barton, Fire Marshal K. LAND USE ACTION APPEALS, REQUEST FOR RECONSIDERATION, & EXPIRATION: The administrative land use decision will become final if the decision is not appealed within 14 days of the decision date. APPEAL: This administrative Conditional Use Permit decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on March 11, 2021. An appeal of the decision must be filed within the 14-day appeal period (RCW 43.21.C.075(3); WAC 197-11-680). Due to Governor Jay Inslee’s Proclamation 20-25 (“Stay Home, Stay Healthy”), the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. If the situation changes such that the City Clerk’s Office is open when you file your appeal, you have the option of filing the appeal in person. SHORELINE APPEAL: Appeals of Shoreline Substantial Development Permit issuance must be made directly to the Shorelines Hearings Board. Appeals are made by filing a request in writing within the twenty-one (21) days of receipt of the final order and concurrently filing copies of such request with the Washington State Department of Ecology and the Attorney General’s office as provided in section 18(1) of the Shorelines Management Act of 1971. All copies of appeal notices shall also be filed with the City of Renton Planning Division and the City Clerk’s office. CONDITIONAL USE PERMIT EXPIRATION: The Conditional Use Permit decision will expire two (2) years from the date of decision. A single two (2) year extension may be requested pursuant to RMC 4-9-030. SHORELINE PERMIT EXPIRATION: Unless a different time period is specified in the shoreline permit as authorized by RCW 90.58.143 and subsection J1 of RMC 4-9-190, construction activities, or a use or activity, for which a permit has been granted pursuant to this Master Program must be commenced within two (2) years of the effective date of a shoreline permit, or the shoreline permit shall terminate, and a new permit shall be necessary. However, the Planning Division may authorize a single extension for a period not to exceed one year based on reasonable factors, if a request for extension has been filed with the Planning Division before the expiration date, and notice of the proposed extension is given to parties of record and the Washington State Department of Ecology. DEFINITION OF COMMENCEMENT OF CONSTRUCTION ACTIVITIES: the construction applications must be submitted, permits must be issued, and foundation inspections must be completed before the end of the two (2) year period. RECONSIDERATION: Within 14 days of the decision date, any party may request that the administrative Conditional Use Permit decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 City of Renton Department of Community & Economic Development Verizon SEA Classics Wireless Communications Facility Administrative Report & Decision LUA20-000226, ECF, SSDP, CU-A REVISION Report of February 25, 2021 Page 21 of 21 D_Shoreline Management Permit_200222_v4_FINAL through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evidence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129 CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Verizon SEA Classics Wireless Communications Facility Land Use File Number: LUA20-000226, ECF, SSDP, CU-A Revision Date of Report February 25, 2021 Staff Contact Alex Morganroth Senior Planner Project Contact/Applicant Actualize LLC 3020 Issaquah Pine Lake Rd Suite 538 Sammamish, WA 98057 Project Location 2003 Maple Valley Hwy, Renton, WA 98055 The following exhibits are included with the ERC report: Exhibits 1-8: Exhibits 1-8 as shown in the ERC Report dated October 19, 2020 Exhibit 9: Administrative Decision Exhibit 10: Environmental Review Committee Decision dated October 19, 2020 Exhibit 11: Agency Comment, Duwamish Tribe, dated January 20, 2021. DocuSign Envelope ID: 3E85A7F4-9D76-40BD-8627-6B7862CEB129