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HomeMy WebLinkAboutD_Admin_Report_PSE_Fence_Variance_220324_v1DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Admin_Report_PSE_Fence_Variance_220324_v1 A.ADMINISTRATIVE REPORT & DECISION Decision: APPROVED APPROVED SUBJECT TO CONDITIONS DENIED Report Date: March 24, 2022 Project File Number: PR22-000059 Project Name: Talbot Hill Substation Security Upgrades Land Use File Number: LUA22-000054, V-A Project Manager: Clark H. Close, Senior Planner Owner: Puget Sound Energy, 2400 S Puget Dr, Renton, WA 98055 Applicant/Contact: Kathryn Hodges, Puget Sound Energy, PO Box 97034 M/S EST-04W, Bellevue, WA 98009 Project Location: 2400 S Puget Dr, Renton, WA 98055 (APNs 202305 -9066 and -9033) Project Summary: The applicant is requesting approval of an administrative variance from the provisions of the Renton Municipal Code (RMC) regulating maximum fence height located within the Residential -8 (R-8) zoning district (RMC 4-4-040.D). The subject property is approximately 50.4 acres in size and is located at 2400 S Puget Dr (APNs 2023059066 and 2023059003) in the Benson Community Planning Area. The purpose of the variance is to allow to applicant to replace the existing eight -foot tall security fence around the Talbot Hill Substation with a taller fence of varying height as part of a security upgrade project. The maximum fence height allowed in any residential zone is seventy-two inches (72"). To meet national physical security standards, the proposed replacement perimeter fence would include a 10-foot tall fence along the north and west sides, a 10-foot to 12-foot tall fence on the south side, and a 10 -foot to 20-foot tall fence along the east side of the substation. Access to the substation is provided via a gravel roadway from Puget Dr SE. The proposed project would be coordinated with other planned outages on PSE’s electric system and work is anticipated to begin in 2022. There is no tree removal associated with the fence replacement. Site Area: 50.4 acres Grant Ave S S 9th St DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 2 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 B. EXHIBITS: Exhibit 1: Administrative Decision Exhibit 2: Vicinity Map Exhibit 3: Topography Map Exhibit 4: Fence and Gate Details (Sheets 01 and 02) Exhibit 5: Fencing Plan (Sheets 1 and 2) Exhibit 6: Fence Mock-up Exhibit 7: Geotechnical Engineering Services Revised Report, prepared by GeoEngineers , Inc., dated February 1, 2017 Exhibit 8: Variance Request Justification C. GENERAL INFORMATION: 1. Owner(s) of Record: Puget Sound Energy, 2400 S Puget Dr, Renton, WA 98055 2. Zoning Classification: Residential-8 (R-8) 3. Comprehensive Plan Land Use Designation: Residential Medium Density (MD) 4. Existing Site Use: Utility 5. Critical Areas: Moderate coalmine hazards, moderate landslide hazards, and regulated slopes (less than 40%). 6. Neighborhood Characteristics: a. North: Residential Medium Density (MD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) zone b. East: Residential Medium Density (MD) Comprehensive Plan Land Use Designation; Residential-8 DU/AC (R-8) zone c. South: Residential Medium Density (MD) and Residential High Density (HD) Comprehensive Plan Land Use Designations; Residential-8 DU/AC (R-8) and Residential Multi-Family (RMF) zones d. West: Residential Medium Density (MD) and Residential High Density (HD) Comprehensive Plan Land Use Designations; Residential-8 DU/AC (R-8) and Residential Multi-Family (RMF) zones 7. Site Area: 50.4 acres D. HISTORICAL/BACKGROUND: Action Land Use File No. Ordinance No. Date Comprehensive Plan N/A 5758 06/22/2015 Zoning N/A 5758 06/22/2015 Annexation (McBean) N/A 1871 03/08/1961 DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 3 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 Conditional Use Permit LUA18-000055 N/A 06/10/2020 Conditional Use Permit LUA16-000922 N/A 02/28/2017 E. 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 4-2-110: Residential Development Standards 2. Chapter 3 Environmental Regulations and Overlay Districts a. Section 4-3-050: Critical Area Regulations 3. Chapter 4 City-Wide Property Development Standards a. Section 4-4-040: Fences, Hedges, and Retaining Walls 4. Chapter 9 Permits – Specific a. Section 4-9-250: Variances, Waivers, Modifications, and Alternates 5. Chapter 11 Definitions F. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Land Use Element 2. Utilities Element G. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on February 22, 2022 and determined the application complete on February 24, 2022. The project complies with the 120-day review period. 2. The applicant’s submittal materials comply with the requirements necessary to process the administrative variance request (Exhibits 2-8). 3. The project site is located at 2400 S Puget Dr (APNs 2023059066 and 2023059003). 4. The project site is currently developed as the Puget Sound Energy Talbot Hill Substation. 5. Access to the site is provided via a gravel roadway from Puget Dr SE (approximately one tenth of a mile northwest of Puget Dr SE). 6. The property is located within the Residential Medium Density (MD) Comprehensive Plan land use designation. The project complies with the goals and policies of this Comprehensive Plan land use designation: Compliance Comprehensive Plan Analysis ✓ Policy L-28: Minimize erosion and sedimentation in and near sensitive areas by requiring appropriate construction techniques and resource practices, such as low impact development. DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 4 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 ✓ Policy L-36: Land uses in areas subject to flooding, seismic, geologic, and coal mine hazards should be designed to prevent property damage and environmental degradation before, during, and after construction. ✓ Policy L-48: Address privacy and quality of life for existing residents by considering scale and context in infill project design. ✓ Policy L-55: Preserve natural landforms, vegetation, distinctive stands of trees, natural slopes, and scenic areas that contribute to the City’s identity, preserve property values, and visually define the community and neighborhoods. ✓ Goal U-O: Promote the availability of safe, adequate, and efficient electrical service within the City and its planning area, consistent with the regulatory obligation of the utility to serve customers. ✓ Policy U-67: Coordinate with local and regional electricity providers to ensure the siting and location of transmission and distribution facilities is a ccomplished in a manner that minimizes adverse impacts on the environment and adjacent land uses. ✓ Policy U-68: Encourage electricity purveyors to make facility improvements and additions within existing utility corridors wherever possible. 7. The site is located within the Residential-8 (R-8) zoning classification. 8. The applicant is proposing to retain all existing trees onsite. 9. The site is mapped with moderate coalmine hazards, moderate landslide hazards and regulated slopes. 10. New fencing would be constructed in the same location as the existing fence. 11. It is anticipated that the construction work would begin in 2022. 12. The following variance to exceed the fence height restrictions of the Residential-8 (R-8) zone has been requested by the applicant: RMC Code Citation Required Standard Requested Variance RMC 4-4-040 Fences, Hedges, and Retaining Walls D1 Maximum Height: In any residential zone, the maximum height of any fence, hedge or retaining wall shall be seventy -two inches (72"), subject to further height limitations as specified in subsection D2 of this Section. D2 Height Limitations within Setbacks: Fences shall not exceed forty-eight inches (48") in height within any part of the front yard or secondary front yard setback. Fences shall not exceed seventy-two inches (72") in height within any part of the interior side yard setback to the point where they intersect the To meet national physical security standards established by the North American Electric Reliability Corporation (NERC), PSE is proposing to replace the existing 8-foot (8’) tall perimeter fence around the substation with a 10-foot (10’) tall fence along the north and west sides, a 10-foot to 12-foot (10’ to 12’) tall fence on the south side, and a 10 - foot to 20-foot (10’ to 20’) tall fence along the east side of the substation (Exhibits 4-6). As a result, the applicant would exceed maximum fence height restrictions allowed in residential zones. DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 5 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 front yard setback or a secondary front yard setback, in which case they shall be governed by the applicable limitations of the front yard or secondary front yard setbacks. Fences shall not exceed seventy-two inches (72") in height within the rear yard setback except the fence, hedge, or retaining wall shall not exceed forty-eight inches (48") in height where the rear yard abuts a public or private street. 13. No public or agency comment letter(s) were received. 14. 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. 15. Pursuant to WAC 197-11-800(6)(e), land use decisions are categorically exempt from the State Environmental Policy Act (SEPA) for the granting of a variance based on special circumstances, not including economic hardship, applicable to the subject property, such as size, shape, topography, location or surroundings and not resulting in any change in land use or density. 16. 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 . Compliance Critical Areas Analysis ✓ 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: A geotechnical Engineering Services Revised Report (Exhibit 7), dated February 1, 2017, completed by GeoEngineers, Inc. was submitted with the application. The project site contains moderate coalmine hazards, moderate landslide hazards and regulated slopes (25 to 40 percent). Temporary erosion protection and control measures would need to be in place prior to starting soil disturbance activities on the site to help reduce the potential for erosion and reduce transport of sediment to adjacent areas and receiving waters. Geotechnical recommendations presented would need to be addressed within the project specific plans and construction/building permit submittal, including but not limited to repair of any disturbance area after fence is installed. According to the report, the soils mapped in the project vicinity are predominantly glacial till (Qvt) but include localized areas of ice-contact glacial deposits overlying the till. The extent of disturbance for the proposal would be approximately 2,329 linear feet around the perimeter of the substation. DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 6 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 The geotechnical engineer has concluded that the proposed improvements would not adversely affect the stability of the slopes in or around the site and the soils underlying the substation site would have a low risk of liquefying under the design earthquake event and a low risk of lateral spread and earthquake-induced slope movement. In addition, the geotechnical engineer found that the depth of historical coal mining activity and the relatively shallow depth of the proposed improvements would result in a low coal mine hazard at the site. The site is approximately five (5) miles south of the Seattle Fault Zone, which is thought to have a recurrence interval on the order of 1,000 years. Based on the distance from the nearest mapped fault, the geotechnical engineer maintains that there is a low risk of fault rupture at the site. Maintenance, operation, and repair of existing facilities and utilities are exempt activities or permitted within critical areas and associated buffers under RMC 4 -3- 050C.3.e.ii to meet established safety standards. 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. Therefore, 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. 17. Variance Analysis: The proposal is compliant with the following variance criteria, pursuant to RMC 4 -9- 250.B.5. Therefore, staff recommends approval of the requested variance. Compliance Variance Criteria and Analysis ✓ a. That the applicant suffers practical difficulties and unnecessary hardship and the variance is necessary because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings of the subject property, and the strict application of the Zoning Code is found to deprive subject property owner of rights and privileges enjoyed by other property owners in the vicinity and under identical zone classification. Staff Comment: The Talbot Hill Substation is located within the Residential-8 (R-8) zoning district, which limits fence heights to a maximum of forty-eight inches (48") to seventy-two inches (72") in height. The applicant, Puget Sound Energy (PSE), contends that the strict application of the zoning code, which imposes a fence height applicable to the residential development, is not practical, safe, or compliant with national DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 7 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 physical security standards for a substation use. The existing substation facility on the site is currently surrounded by an eight-foot (8’) tall chain link fence, which no longer meets PSE safety and security standards. PSE has determined that a fence taller than the existing 8 feet (8’) is needed to meet the security standards of North American Electric Reliability Corporation (NERC) critical infrastructure protection (CIP) 014. NERC is a not-for-profit international regulatory authority whose mission is to assure the effective and efficient reduction of risks to the reliability and security of the grid. The NERC CIP standards are the mandatory security standards that apply to entities that own or manage facilities that are part of the U.S. electric power grid. The purpose of the NERC CIP-014 (Standard for Physical Security) is to protect electrical facilities from physical attacks that could threaten the stability and operation of the electric grid distribution system. To meet the NERC security standards, PSE plans to replace the existing eight-foot (8’) tall perimeter fence with a new Clearvu shutter mesh panel perimeter fence of varying height (Exhibit 4). The additional fence height would block lines of sight into the substation deterring potential delinquent or unlawful threats to the substation. The driveways and roads, on and surrounding the site, are commonly used as recreational trails by nearby residents and provide the public with open access to the substation parcel. The proposed additional fence height is anticipated to deter visual and physical access into the substation, thereby preventing potential damage to substation equipment. Along the north side of the substation, the side that faces multiple transmission lines, PSE is proposing a 10-foot (10’) tall fence with a two-foot (2’) ribbon strip on top of the fence (Exhibits 4, 5, and 6). Along the west side of the substation, the side that faces several acres of undeveloped property owned by PSE, the applicant is proposing a similar fence height as the north side. Along the south side of the substation, the side that faces residential properties downslope, the fence is proposed to be 10-foot (10’) to 12-foot (12’) in height with a two-foot (2’) ribbon strip on the top of the fence (Exhibit 5). According to the applicant, the south side of the substation is buffered from the residential uses by tree buffer and a parcel used for recreation by the homeowners and owned by PSE. The applicant further contends that the east side of the substation is particularly vulnerable due to the change in elevation between the interior and exterior of the substation fence. Along the east side of the substation, PSE is generally proposing a 20-foot (20’) high fence with a two-foot (2’) ribbon strip. The east side of the substation adjoins an existing enclosed area that houses Current Limiting Reactors (CLRs). The six (6) CLRs sit on an elevated pad and are approximately 24 feet (24’) in height. As a result, this area provides an elevated line of sight to critical substation equipment. According to the applicant, the proposed 20-foot (20’) tall fence with a two- foot (2’) ribbon strip on the top is the lowest height that would block the line of sight into the substation, meet the security standards of NERC CIP 014, and deter potential unlawful threats to the substation. The uses to the east of the site include Beacon Way S (a local gravel access road) and a large regional Bonneville Power Administration (BPA) substation facility. Furthermore, the applicant has identified the that the uses on the site and surrounding area are not typical of residential development within the Residential-8 (R-8) zoning district. The applicant further contends that to not allow a 10- to 12-foot (10’ to 12’) tall fence with a two-foot (2’) ribbon strip on the north, south and west sides of the substation and a 20-foot (20’) tall fence with a two-foot (2’) ribbon strip on the east side of the substation would deprive PSE from the ability to safely and securely operate critical utility infrastructure. Due to the unique nature of the substation use within the R -8 zone DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 8 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 and as a critical infrastructure facility, it is not practical or safe for the substation to be subject to the same use standards as single-family residential uses in the same zoning district. Staff has reviewed the proposed variance request and concurs that strict adherence to the residential zone height limitations may cause unnecessary hardship by depriving the applicant the ability to comply with all PSE and NERC safety and security standards necessary for the substation. The variance is necessary for the substation property due to the special circumstances needed to meet mandatory physical security standards that apply to facilities that are part of the US electric power grid and subject to the Federal Energy Regulatory Commission. In addition, the uses on the site and immediate surrounding area are not typical of any residential zone. Therefore, staff agrees that the proposed perimeter fence configuration is reasonable to block the line of sight into the substation, meet the security standards of NERC CIP 014 and deter potential unlawful threats to the substation. Compliant if condition of approval is met b. That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which subject property is situated. Staff Comment: The applicant contends that the granting of the variance would not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity or zone. The substation site is within an established utility corridor that includes a PSE regional substation, 115 kV and 230kV transmission lines, and BPA infrastructure that also includes a regional substation and transmission lines. In addition, the surrounding land uses include other utility infrastructure on larger parcels. According to the applicant, the PSE substation property is screened from adjacent residential development approximately 450 feet to the south by a recreation tract and natural tree buffer. Furthermore, the residences to the southeast, approximately 800 feet from the substation fence and would be unable to see the fence as the line of sight is blocked by existing trees and a transmission line corridor. The applicant further contends that the purpose of installing taller fencing around the substation is to secure the site from potential nefarious activities, which is anticipated to prevent large scale outages and is in the best interest of the public welfare. Staff has reviewed the applicant’s justifications and concurs with their analysis and finds that the proposed fence replacement would not be detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is situated based on the site and neighborhood characteristics. The granting of the variance would not have a negative visual impact on the surrounding property owners due to the location and meaningful separation of the substation from the surrounding development provided the existing native vegetation buffer is maintained or replaced as part of the construction work. Therefore, staff recommends as a condition of approval, that the applicant be required to maintain the existing native vegetation buffer around the immediate perimeter of the substation (up to 15 feet) or provide a replanting plan and irrigation plan with the building permit if significant trees and native vegetation screening is impacted during the construction of the replacement security fence. The detailed replanting plan and irrigation plan shall be provided to, and approved by, the Current Planning Project Manager prior to building permit issuance. DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 9 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 ✓ c.That approval shall not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone in which the subject property is situated. Staff Comment: The applicant contends that the approval would not constitute a grant of special privilege inconsistent with the limitation upon uses of other properties in the vicinity and zone. Again, the substation site is located within an established utility corridor that includes a PSE regional substation, 115 kV and 230 kV transmission lines, and BPA infrastructure including a regional substation and 230 kV and 500 kV transmission lines. The applicant further contends that the residential uses in the vicinity of the site do not include critical utility infrastructure nor pose a need for security fencing at the scale of a regional substation. As a result, the granting of the variance is not a grant of special privilege. Staff has reviewed the applicant’s justifications and concurs that the granting of the variance would not constitute a grant of special privilege inconsistent with other properties in the vicinity and under the same zoning designation. The granting of this variance would allow the applicant to increase the safety of the substation by installing a perimeter security fence that would meet NERC Security standards. ✓ d.That the approval is a minimum variance that will accomplish the desired purpose. Staff Comment: The applicant contends that the approval is a minimum variance that would accomplish the needed purpose by meeting NERC CIP 014 security standards. The 10-foot (10’) tall fencing along the north and west with a two-foot (2’) ribbon strip topper; 10-foot to 12-foot (10’ to 12’) tall fence on the south side with a two-foot (2’) ribbon strip topper; and a 10-foot to 20-foot (10’ to 20’) tall fence along the east side of the substation with a two-foot (2’) ribbon strip topper is the minimum fence height that would comply with safety and security needs based on NERC security standards applicable to the site. Staff reviewed the variance request and concludes that the proposed fence heights would be the minimum required in order to meet the project goals. The applicant’s desired purpose is to correct security deficiencies and assure the station is compliant with national physical security standards, which includes replacing the existing perimeter security fence around the substation. As such, the existing eight-foot (8’) tall perimeter fence would need to be replaced with 10-foot to 20-foot (10’ to 20’) tall fencing to maximize security measures around the existing PSE Talbot Hill Substation. Therefore, the proposed security fencing is found to be the minimum size necessary to achieve the desired purpose of the project. H.CONCLUSIONS: 1.The subject site is located in the Residential Medium Density (MD) Comprehensive Plan designation and complies with the goals and policies established with this designation, see FOF 6. 2.The subject site is located in the Residential-8 (R-8) zoning designation and complies with the zoning and development standards established with this designation provided the applicant complies with City Code, see FOF 12. 3.The proposed variance complies with the Critical Areas Regulations provided the applicant complies with City Code and condition of approval, see FOF 16. DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 10 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 4.Key features which are integral to this project include replacing the existing eight-foot (8’) tall perimeter fence with fencing that is 10-foot to 20-foot (10’ to 20’) tall. The proposed replacement fence heights coincide with the topography of the site to block line of sight into the substation , comply with physical security standards of NERC and deter potential unlawful threa ts to the regional substation. I.DECISION: The Talbot Hill Substation Security Upgrades fence variance, File No. LUA22-000054, V-A, as depicted in Exhibits 4 and 5, is approved and is subject to the following condition: 1.The applicant shall be required to maintain the existing native vegetation buffer around the immediate perimeter of the substation (up to 15 feet) or provide a replanting plan and irrigation plan with the building permit if significant trees and native vegetation screening is im pacted during the construction of the replacement security fence. The detailed replanting plan and irrigation plan shall be provided to, and approved by, the Current Planning Project Manager prior to building permit issuance. DATE OF DECISION ON LAND USE ACTION: SIGNATURE: Vanessa Dolbee Planning Director Date TRANSMITTED on March 24, 2022 to the Owner/Applicant/Contact: Owner: Applicant/Contact: Puget Sound Energy 2400 S Puget Dr Renton, WA 98055 Kathryn Hodges Puget Sound Energy PO Box 97034 M/S EST-04W, Bellevue, WA 98009 TRANSMITTED on March 24, 2022 to the Parties of Record: John Sommer 1708 SE 16th Pl Renton, WA 98055 TRANSMITTED on March 24, 2022 to the following: Chip Vincent, CED Administrator Brianne Bannwarth, Development Engineering Manager Amanda Askren, Acting Economic Development Director Matt Herrera, Current Planning Manager Anjela Barton, Fire Marshal DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE 3/24/2022 | 3:47 PM PDT City of Renton Department of Community & Economic Development Talbot Hill Substation Security Upgrades Administrative Report & Decision LUA22-000054, V-A Report of March 24, 2022 Page 11 of 11 D_Admin_Report_PSE_Fence_Variance_220324_v1 J. 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 land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on April 7, 2022. 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 the ongoing state of emergency enacted by Governor’s Proclamation 20-05, the City Clerk’s Office is working remotely. For that reason, appeals must be submitted electronically to the City Clerk at cityclerk@rentonwa.gov or delivered to City Hall 1st floor Lobby Hub only on Tuesdays and/or Wednesdays. The appeal fee, normally due at the time an appeal is submitted, will be collected at a future date if your appeal is submitted electronically. Appeals to the Hearing Examiner are governed by RMC 4-8-110 and additional information regarding the appeal process may be obtained from the City Clerk’s Office, cityclerk@rentonwa.gov. EXPIRATION: The Variance decision will expire two (2) years from the date of decision. A single one (1)-year extension may be requested pursuant to RMC 4-9-250. RECONSIDERATION: Within 14 days of the decision date, any party may request that the decision be reopened by the approval body. The approval body may modify his decision if material evidence not readily discoverable prior to the original decision is found or if he finds there was misrepresentation of fact. After review of the reconsideration request, if the approval body finds sufficient evidence to amend the original decision, there will be no further extension of the appeal period. Any person wishing to take further action must file a formal appeal within the 14-day appeal time frame. THE APPEARANCE OF FAIRNESS DOCTRINE: provides that no ex parte (private one-on-one) communications may occur concerning the land use decision. The Doctrine applies not only to the initial decision, but to Appeals to the Hearing Examiner as well. All communications after the decision/approval date must be made in writing through the Hearing Examiner. All communications are public record and this permits all interested parties to know the contents of the communication and would allow them to openly rebut the evid ence in writing. Any violation of this doctrine could result in the invalidation of the appeal by the Court. DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE CITY OF RENTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ADMINISTRATIVE REPORT & DECISION EXHIBITS Project Name: Talbot Hill Substation Security Upgrades Land Use File Number: LUA22-000054, V-A Date of Report March 24, 2022 Staff Contact Clark H. Close Senior Planner Project Applicant/Contact Kathryn Hodges Puget Sound Energy PO Box 97034 M/S EST-04W, Bellevue, WA 98009 Project Location 2400 S Puget Dr, Renton, WA 98055 (APNs 202305-9066 and -9033) The following exhibits are included with the Administrative report: Exhibit 1: Administrative Decision Exhibit 2: Vicinity Map Exhibit 3: Topography Map Exhibit 4: Fence and Gate Details (Sheets 01 and 02) Exhibit 5: Fencing Plan (Sheets 1 and 2) Exhibit 6: Fence Mock-up Exhibit 7: Geotechnical Engineering Services Revised Report, prepared by GeoEngineers , Inc., dated February 1, 2017 Exhibit 8: Variance Request Justification DocuSign Envelope ID: CD432F7E-7BC5-4C79-932C-AFD101EFDAAE