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Home My WebLink AboutD_CedarRiversLevee_220713_v2DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT D_CedarRiversLevee_220713_v2 PLANNING DIVISION CERTIFICATE OF EXEMPTION FROM SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT AND CRITICAL AREAS REGULATIONS EVALUATION FORM & DECISION DATE OF DECISION: July 27, 2022 PROJECT NUMBER: LUA22-000248, SME, CAE PROJECT NAME: Cedar River 205 Levee Inspection Vegetation Clearing Project PROJECT MANAGER: Andrew Van Gordon, Associate Planner APPLICANT: Joel Parkier, City of Renton Surface Water Utility 1055 S Grady Way, Renton, WA 98057 OWNER: City of Renton 1055 S Grady Way, Renton, WA 98057 PROJECT LOCATION: APN 0723059007, adjacent to E Perimiter Rd and Renton Municial Airport on the left bank of the Cedar River. PROJECT DESCRIPTION: The applicant, the City of Renton- Surface Water Utility, is requesting a Shoreline Exemption for the maintenance of existing levees along the Cedar River. The project site is located within the Shoreline High Intensity designation and is within Reach A of the Cedar River. Proposed work would occur as close as approximately 5 feet from the ordinary high water mark (OHWM) and would consist of limited clearing of vegetation along the left bank of the Cedar River adjacent to E Perimeter Rd and Renton Municipal Airport. The clearing is anticipated to take approximately 1 -2 days with an estimated cost of approximately $4,000. The Cedar River levees are part of the Cedar River Section 205 Flood Damage Reduction Project (Cedar River 205 Project) constructed in cooperation with the United States Army Corps of Engineers (USACE). Following the completion of the project, the City of Renton became of the local sponsor of the project and entered into an agreemen t with the USACE for maintenance and inspection of the flood protection facilities under PL84- 99. The applicant is proposing to clear existing vegetation for inspection access and compliance with the aforementioned agreement, which is categorized as Normal Maintenance or Repair of Existing Structures or Developments. Clearing the inspection path behind the floodwall is not only a routine maintenance DocuSign Envelope ID: 55F8B3BD-EB05-4B05-9EC2-84F004F07CA3 Certificate of Exemption From Shoreline Substantial Development Permit and Critical Areas Regulations City of Renton Department of Community & Economic Development Cedar River 205 Levee Inspection Vegetation Clearing Project LUA22-000248, SME, CAE Permit Date: July 27, 2022 Page 2 of 4 D_CedarRiverLevee_220713_v2 activity of an essential City of Renton Public Works facility, but it is also a necessary component of agreement with the USACE that would facilitate future inspections by USACE staff. Recent periodic and annual inspections have flagged the density of the vegetation on the riverside of the floodwalls as “unacceptable”. As such, vegetation maintenance would ensure that the Cedar River 205 project would remain compliant with the terms of its operation and maintenance manual and PL84-99 requirements. The levees are located on the lower 1.25 miles of the Cedar River and extend from Williams Avenue North to the mouth of the Cedar River at Lake Washington. The Cedar River 205 Project protects portions of downtown Renton, the Boeing 737 plant, and the Renton Airport from the 100-year flood. SEC-TWN-R: SE07-23-5 LEGAL DESCRIPTION: (King County Assessor) POR SECS 7 & 18-23-5 & POR TOBINS D C INCL POR PLATTED & VAC STS LY WLY OF COMM W W # 2 N OF N LN DIXIE AVE & ELY OF STATE HWAY # 5 & ELY & SLY OF FOLG LN BEG ON ELY MGN SD HWAY AT PT 5 FT S OF N LN OF LOT 8 BLK 18 BRYN MAWR TH E 89.23 FT TH N 05-16-51 E 438.90 FT TH N 40-09-47 E 188.55 FT TH N 60 FT TH N 29- 00-40 W 197.07 FT TH S 88-27-28 E 90.83 FT TH N 01-32-32 W 40 FT TH S 88-27-28 E 234.53 FT TH S 35-00-00 E 142.41 FT TH E 403.70 FT LESS LOTS 19 TO 22 INCL BLK 4 RENTON REAL ESTATE COS 1ST ADD LESS PORTION FOR LANE HANGAR CONDOMINIUM -TGW POR OF RAINIER AVE N PER RENTON VAC ORD #5780 WATER BODY/REACH: Cedar River, Reach A CRITICAL AREA(S): Wellhead Protection Area (Zones 1 and 2), Special Flood Hazard Areas (100-Year Flood), Floodway (FEMA Zone AE), High Seismic Hazards CRITICAL AREAS EXEMPTION JUSTIFICATION/DECISION: An exemption from critical area regulations, is hereby APPROVED on the proposed project in accordance with RMC 4.3.050C “Exempt, Prohibited and Nonconforming Activities” and for the following reasons: Vegetation management is exempt from permit requirements within critical areas and associated buffers in accordance with RMC 4.3.050C.3.c.iii Dangerous Trees, within Flood Hazard Areas, Geological Hazard Areas, and Wellhead Protection Zones subject to the following standards: Removal of non-native invasive ground cover or weeds listed by King County Noxious Weed Board or other government agency or dangerous trees, as defined in Chapter 4-11 RMC which have been approved by the City and certified dangerous by a licensed landscape architect, or certified arborist, selection of whom to be approved by the City based on the type of information required. SHORELINE EXEMPTION JUSTIFICATION/DECISION: An exemption from a Shoreline Management Substantial Development Permit is hereby Approved on the proposed project in accordance with RMC.4.9190C “Exemption from Permit System’ and for the following reasons: DocuSign Envelope ID: 55F8B3BD-EB05-4B05-9EC2-84F004F07CA3 Certificate of Exemption From Shoreline Substantial Development Permit and Critical Areas Regulations City of Renton Department of Community & Economic Development Cedar River 205 Levee Inspection Vegetation Clearing Project LUA22-000248, SME, CAE Permit Date: July 27, 2022 Page 3 of 4 D_CedarRiverLevee_220713_v2 Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. i.“Normal maintenance” includes those usual acts to prevent a declin e, lapse, or cessation from a lawfully established condition. ii.“Normal repair” means to restore a development to a state comparable to its original condition, including but not limited to its size, shape, configuration, location and external appearance, within a reasonable period after decay or partial destruction, except where repair causes substantial adverse effects to shoreline resource or environment. iii.Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the type of structure or development and the replacement structure or development is comparable to the original structure or development including but not limited to its size, shape, configuration, location and external appearance and the replacement does not cause substantial adverse effects to shoreline resources or environment. CRITICAL AREA EXEMPTION FINDINGS: The proposed development is consistent with the following findings pursuant to RMC section 4-3-050C.2.d: i.The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; ii.The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; iii.Impacts are minimized and, where applicable, disturbed areas are immediately restored; iv.Where water body or buffer disturbance has occurred in accordance with an exemption during construction or other activities, revegetation with native vegetation shall be required. v.If a hazardous material, activity, and/or facility that is exempt pursuant to this Section has a significant or substantial potential to degrade groundwater quality, then the Administrator may require compliance with the Wellhead Protection Area requirements of this Section otherwise relevant to that hazardous material, activity, and/or facility. Such determinations will be based upon site and/or chemical-specific data. SHORELINE EXEMPTION FINDINGS: The proposed development is: i.Consistent with the policies of the Shoreline Management Act. ii.Not Applicable to the guidelines of the Department of Ecology where no Master Program has been finally approved or adopted by the Department. iii.Consistent with the City of Renton Shoreline Master Program. DECISION: The Cedar River 205 Levee Inspection Vegetation Clearing Critical Areas and Shoreline Substantial Development Permit Exemption, LUA22-000248, SME, CAE is hereby Approved. DocuSign Envelope ID: 55F8B3BD-EB05-4B05-9EC2-84F004F07CA3 Certificate of Exemption From Shoreline Substantial Development Permit and Critical Areas Regulations City of Renton Department of Community & Economic Development Cedar River 205 Levee Inspection Vegetation Clearing Project LUA22-000248, SME, CAE Permit Date: July 27, 2022 Page 4 of 4 D_CedarRiverLevee_220713_v2 SIGNATURE & DATE OF DECISION: _____________________________________ ______________________________ Vanessa Dolbee, Planning Director Date 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. APPEALS: This administrative land use decision will become final if not appealed in writing to the Hearing Examiner on or before 5:00 PM on August 10, 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: Two (2) years from the date of decision (date signed). Attachments: Site Plan, Project Narrative cc: Amanda Pierce, City of Renton- Applicant DocuSign Envelope ID: 55F8B3BD-EB05-4B05-9EC2-84F004F07CA3 7/27/2022 | 2:52 PM PDT