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HomeMy WebLinkAboutD_Hex Report_Only_Energize Eastside_FINALDEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Project Location Map D_Hex Report_Energize Eastside_FINAL A. REPORT TO THE HEARING EXAMINER Hearing Date: January 8, 2020 Project File Number: PR18-000049 Project Name: Puget Sound Energy Energize Eastside Land Use File Number: LUA18-000055, CU-H, SME Project Manager: Jill Ding, Senior Planner Owner: Various (Exhibit 4) Applicant: Brad Strauch, Puget Sound Energy, PO Box 97034, EST-3, Bellevue, WA 98009-9734 Contact: Marissa Gifford, HDR, 929 108th Ave NE, Suite 1300, Bellevue, WA 98004-4361 Project Location: From PSE's Talbot Hill Substation (2400 S Puget Dr. continuing north along the existing PSE transmission line corridor to the northern City limits Project Summary: The applicant is requesting Hearing Examiner Conditional Use Permit approval and a Shoreline Exemption for the upgrade of 4 miles of two existing 115 kV transmission lines with two 230 kV transmission lines beginning at the Talbot Hill substation, continuing north along the existing PSE transmission line corridor to the northern City limits. The upgrade is located entirely within PSE’s existing 100-ft electrical transmission utility corridor. The project site is located within multiple zoning designations, including: Commercial Arterial (CA), Commercial Office Residential (COR), Center Village (CV), Light Industrial (IL), Residential-1 (R-1), Residential-10 (R-10), Residential-14 (R-14), Residential-4 (R-4), Residential-6 (R-6), Residential-8 (R-8), Resource Conservation (RC), and Residential Multi-Family (RM- F). The proposed upgrade would require the replacement of approximately 144 existing wood and steel poles (H-frame designs) with approximately 41 steel monopoles of either single-circuit or double-circuit design. The height of the proposed poles would vary by location, but are estimated at an average height of between 85 and 95 feet. Within the Talbot Hill substation, additional breakers and associated controls will be added to accommodate the new lines. Multiple critical areas are mapped along the project corridor including wetlands, streams, steep slopes, landslide hazards, coal mine hazards, and wellhead protection areas. The project would include the replacement of aerial wire across the Cedar River, which is classified as a Shoreline of the State. The project proposes the replacement of poles outside of the 200-foot shoreline jurisdiction and the aerial wire crossing would not require any disturbances within the shoreline jurisdiction. Site Area: 54.5 acres City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 2 of 18 D_Hex Report_Energize Eastside_FINAL B. EXHIBITS: Exhibits 1-2: As shown in the Environmental Review Committee (ERC) Memo Exhibit 3: Staff Report to the Hearing Examiner Exhibit 4: Property Owner List Exhibit 5: Public Meeting Summary Exhibit 6: Public Comments Exhibit 7: Staff Response to Public Comments Exhibit 8: Vegetation Replacement Letter, dated July 24, 2019 Exhibit 9: Critical Areas Report, prepared by The Watershed Company, dated January 2019 Exhibit 10: Mitigation Plans Exhibit 11: Photo Simulations Exhibit 12: Construction Plans Exhibit 13: Tree Retention Worksheets Exhibit 14: Conditional Use Justification Exhibit 15: Advisory Notes to Applicant Exhibit 16: Neighborhood Detail Map Exhibit 17: Draft Environmental Impact Statement Exhibit 18: Final Environmental Impact Statement C. GENERAL INFORMATION: 1. Owner(s) of Record: Various (Exhibit 4) 2. Zoning Classification: Commercial Arterial (CA) Commercial Office Residential (COR) Center Village (CV) Light Industrial (IL) Residential-1 (R-1) Residential-10 (R-10) Residential-14 (R-14) Residential-4 (R-4) Residential-6 (R-6) Residential-8 (R-8) Resource Conservation (RC) Residential Multi-Family (RMF) City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 3 of 18 D_Hex Report_Energize Eastside_FINAL 3. Comprehensive Plan Land Use Designation: Residential Low Density (LD) Residential Medium Density (MD) Residential High Density (RHD) Commercial Mixed Use (CMU) Employment Area (EA) 4. Existing Site Use: Puget Sound Energy Transmission Line Corridor (115 kV) 5. Critical Areas: The transmission line corridor goes through various critical areas: wetlands, streams, shoreline of the state (Cedar River), flood hazards, habitat conservation areas, geologic hazards (sensitive and protected slopes), and wellhead protection areas (zones 1 and 2). 6. Neighborhood Characteristics: Not applicable, the project site is a corridor thought various areas with various character. 7. Site Area: 54.5 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 E. PUBLIC SERVICES: 1. Existing Utilities a. Water: The project corridor is located within the City of Renton water service area as well as the Soos Creek Water and Sewer district. There are several water lines located within the project corridor. b. Sewer: The project corridor is located within the City of Renton sewer service area as well as the Soos Creek Water and Sewer district. There are several sewer lines located within the project corridor. c. Surface/Storm Water: There are several storm drainage lines located within the project corridor. 2. Streets: There are several public streets located within the project corridor. 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 City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 4 of 18 D_Hex Report_Energize Eastside_FINAL b. Section 4-3-090: Shoreline Master Program Regulations 3. Chapter 4 Property Development Standards 4. Chapter 6 Streets and Utility Standards a. Section 4-6-060: Street Standards 5. Chapter 9 Permits – Specific a. Section 4-9-030: Conditional Use Permits 6. Chapter 11 Definitions G. APPLICABLE SECTIONS OF THE COMPREHENSIVE PLAN: 1. Utilities Element H. FINDINGS OF FACT (FOF): 1. The Planning Division of the City of Renton accepted the above master application for review on January 25, 2018. The project was determined to be incomplete on February 12, 2018. The project was determined complete on March 14, 2018. The project was placed on hold June 11, 2018 (updates to the hold letter were sent January 8, 2019, May 9, 2019 and September 9, 2019). The project was taken off hold on November 27,2019. The project complies with the 120-day review period. 2. A pubic meeting was held on August 2, 2017 at the Renton Pavillion Events Center, 223 Burnett Ave S. 3 members of the public attending the meeing, and provided comments and questions regarding the following issues: pole finish, number of new wires, and how the new poles would impact views and aesthetics (Exhibit 5). 3. The project site starts From PSE's Talbot Hill Substation (2400 S Puget Dr. continuing north along the existing PSE transmission line corridor to the northern City limits (Exhibit 16). 4. The project site is currently developed with PSE’s 115 kV transmission line corridor. 5. Access to the site would be provided via the existing City street system surrounding the transmission line corridor. In addition within the corridor in many areas, there are existing service roads that would be utilized to access the transmission line poles. 6. The project corridor is located within the Residential Low Density (LD), Residential Medium Density (MD), Residential High Density (RHD), Commercial & Mixed Use (CMU), and Employment Area (EA) Comprehensive Plan land use designations. 7. The project corridor is located within the Commercial Arterial (CA), Commercial Office Residential (COR), Center Village (CV), Light Industrial (IL), Residential-1 (R-1), Residential-10 (R-10), Residential-14 (R-14), Residential-4 (R-4), Residential-6 (R-6), Residential-8 (R-8), Resource Conservation (RC), and Residential Multi-Family (RMF) zoning classifications. 8. There are approximately 641 trees located on site of which the applicant is proposing to remove 339 trees (of which, 238 trees of the removed trees would be classified as significant). 9. The transmission line corridor goes through various critical areas: wetlands, streams, shoreline of the state (Cedar River), flood hazards, habitat conservation areas, geologic hazards (sensitive and protected slopes), and wellhead protection areas (zones 1 and 2). 10. The installation of the new poles would require approximately 450 to 650 cubic yards of excavation. The gap between the outside of the hole and the pole would be backfilled with crushed rock. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 5 of 18 D_Hex Report_Energize Eastside_FINAL 11. The applicant is proposing to begin construction in Spring/Summer of 2020 and last approximately 6-9 months. 12. Staff received 36 public comment letter(s) (Exhibit 6) and one agency comment letter. The main concerns raised include project need, tree removal, pipeline safety, and consideration of other viable alternatives to the project. Staff responded to public comments in Exhibit 7. 13. Pursuant to the City of Renton's Environmental Ordinance and SEPA (RCW 43.21C, 1971 as amended), a Draft Environmental Impact Statement (EIS) was issued for the project on May 8, 2017, and a Final EIS was adopted in March of 2018. The City of Bellevue was the lead agency through the EIS process with Redmond, Newcastle, and Renton identified as partner Cities. An EIS Consistency Analysis / EIS Addendum was prepared (Exhibit 2) and was approved by the Environmental Review Committee on December 13, 2019). To ensure impacts associated with the project are mitigated, the mitigation measures identified in the EIS Consistency Analysis/EIS Addendum should be conditions of project approval. 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. Comprehensive Plan Compliance: The project corridor is located within the Residential Low Density (LD), Residential Medium Density (MD), Residential High Density (RHD), Commercial & Mixed Use (CMU), and Employment Area (EA) Comprehensive Plan land use designations. As the primary electricity retailer in Renton, PSE maintains a variety of transmission lines, distribution lines, and substations in the area for provision of power to local customers. Locally, PSE distributes power from its Talbot Hill Substation, located adjacent to BPA’s Maple Valley Substation in southeastern Renton. The proposal is compliant with the following development standards if all conditions of approval are met: Compliance Comprehensive Plan Analysis  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 accomplished 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. 16. Zoning Development Standard Compliance: The project corridor is located within the Commercial Arterial (CA), Commercial Office Residential (COR), Center Village (CV), Light Industrial (IL), Residential-1 (R-1), Residential-10 (R-10), Residential-14 (R-14), Residential-4 (R-4), Residential-6 (R-6), Residential-8 (R-8), Resource Conservation (RC), and Residential Multi-Family (RMF) zoning classifications. Several development standards, including density, lot dimensions, and lot coverage are not applicable to the proposed project; therefore no further analysis of these standards is included in this staff report. The development standards regarding parking and landscaping are discussed in Conditional Use Analysis under FOF 19. The City’s regulations are silent with regards to the applicability of the setback and height requirements to transmission line poles; therefore discussion of these standards is discussed in the Conditional Use Analysis under FOF 19. The proposal is consistent with the following applicable development standards, if all conditions of approval are met: City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 6 of 18 D_Hex Report_Energize Eastside_FINAL Compliance Develop Standards and Analysis See FOF 19 Conditional Use Permit Analysis Use: Large Utilities, which include two hundred thirty (230) kV power transmission lines are permitted within all zoning designations subject to the approval of a Hearing Examiner Conditional Use Permit. Staff Comment: The applicant has applied for a conditional use permit, see further discussion below under FOF 19 Conditional Use Permit Analysis. Compliant if condition of approval is met Tree Retention: The City’s adopted Tree Retention and Land Clearing Regulations (4-4- 130) exempt maintenance activities including routine vegetation management and essential tree removal for public and private utilities, road rights-of-way and easements, and public parks. Staff Comment: Although, the proposed project would qualify for an exemption under the City’s Tree Retention and Land Clearing Regulation as referenced above, the applicant provided Tree Retention Worksheets (Exhibit 13) demonstrating that the proposed tree removal would comply with the City’s Tree Retention requirements as applicable for each zoning designation. Within the RC, R-1, R-4, R-6, and R-8 zoning designations, there are a total of 508 trees, of those 8 have been classified as dangerous, and 377 are located within critical areas or associated buffers, resulting in a total of 123 trees available for retention. Of those 37 trees would be required to be retained if tree retention applied. The applicant is proposing to retain 40 trees, which exceeds the 30% tree retention requirements if applicable. Within the R-10, R-14, RMF and RMH zones, the applicant has identified a total of 46 trees. Of those, 1 has been classified as dangerous and 30 are within critical areas or associated buffers, leaving a total of 15 trees available for retention. Of those, a total of 3 trees would be are required to be retained, if tree retention applied. The applicant is proposing to retain all 15 trees, which exceeds the 20% tree retention requirements, if applicable. Within commercial and industrial zoning designations, the applicant identified a total of 87 trees, of which 7 are within critical areas or associated buffers, leaving 80 trees available for retention. A total of 8 trees would be required to be retained, if applicable. The applicant is proposing to retain 28 trees, which exceeds the 10% retention requirements, if applicable. Although tree replacement is not required, the applicant has submitted a Vegetation Replacement Approach letter (Exhibit 8), see further discussion below under FOF 19 Conditional Use Analysis. Staff recommends as a condition of approval, that tree replacement occur as proposed is the Vegetation Replacement Approach letter (Exhibit 8). 17. Critical Areas: Project sites which contain critical areas are required to comply with the Critical Areas Regulations (RMC 4-3-050). The following are exempt from the City’s Critical Areas Regulations: Utilities, traffic control, walkways, bikeways within existing, improved right-of-way or easements. Within existing and improved public road rights-of-way or easements, installation, construction, replacement, operation, overbuilding or alteration of all natural gas, cable, communication, telephone and electric facilities, lines, pipes, mains, equipment or appurtenances, traffic control devices, illumination, walkways and bikeways. If activities exceed the existing improved area or the public right-of-way, this exemption does not apply. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 7 of 18 D_Hex Report_Energize Eastside_FINAL Where applicable, restoration of disturbed areas shall be completed. In determining whether to issue a letter of exemption for proposed activities, the Administrator shall find that: Compliance Critical Areas Exemption Criteria  i. The activity is not prohibited by this or any other provision of the Renton Municipal Code or State or Federal law or regulation; Staff Comment: A Critical Areas Report, prepared by The Watershed Company, dated January 2019 (Exhibit 9) was submitted with the project application materials. The report found that the project proposal is to upgrade existing transmission lines in the city of Renton in order to increase transmission system capacity to 230kV power. The Project is needed to address electrical system deficiencies identified during federally required planning studies and to improve electrical supply and reliability to Eastside communities, including Renton. Regulated critical areas present in the Project area include wetlands, streams, and associated buffers; habitat conservation areas; flood hazard areas; geologic hazard areas (i.e., steep slopes, landslide hazards, erosion hazards, seismic hazards, and coal mine hazards); and wellhead protection areas. A portion of the project area also lies within the shoreline jurisdiction of the Cedar River. There are a total of seven wetlands in the Project area in Renton. Onsite wetlands are generally located near the Cedar River and between SE Cedar Ridge Drive and the Shadow Hawk neighborhood. A total of four streams are located along the Project corridor in Renton. Stream MR01 (Honey Dew Creek) is located on the north side of Renton, north of SR-900, and is a tributary to May Creek. The corridor also crosses the Cedar River further south, near the Maple Valley Highway. Streams NR01 (Ginger Creek) and NR02 are tributaries to the Cedar River, located between the Talbot Hill substation at the corridor’s southern extent and the Shadow Hawk neighborhood. Based on staff’s review of the Critical Areas Report (Exhibit 9), the proposed project is not prohibited by the City’s Critical Areas Regulations or other provisions of the Renton Municipal code or State or Federal law or regulation (see previous Use discussion above under FOF 16).  ii. The activity will be conducted using best management practices as specified by industry standards or applicable Federal agencies or scientific principles; Staff Comment: According to the submitted Critical Areas Report (Exhibit 9), Best Management Practices (BMPs) will be used to minimize impacts resulting from pole replacement activities. In critical areas or buffers, mats will be placed over existing vegetation where possible. Typically, crushed vegetation rebounds within one growing season resulting in only temporary impacts to vegetation. Post-construction, all disturbed areas will be re-vegetated, if necessary, and left to return to their natural state.  iii. Impacts are minimized and, where applicable, disturbed areas are immediately restored; Staff Comment: According to the submitted Critical Areas Report (Exhibit 9), the project is designed to avoid and minimize impacts to critical areas by utilizing the existing transmission line corridor, limiting disturbance and implementing best management practices (BMPs) when working in critical areas, and installing transmission lines between poles with minimal site disturbance. No new poles are proposed in wetlands, streams or stream buffers, flood hazard areas, or seismic hazard areas. New poles are proposed in erosion hazard areas, landslide hazard areas, steep slope hazard areas, coal mine hazard areas, habitat conservation areas and wellhead protection areas. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 8 of 18 D_Hex Report_Energize Eastside_FINAL 18. Shoreline Management: The project includes the aerial replacement of transmission line wires over the Cedar River. No fill or excavation will occur within the shoreline. Additionally, no tree or vegetation removal is proposed within the 200-foot shoreline jurisdiction. Project sites located within 200 feet of designated Shorelines are required to comply with the Shoreline Management Act (Chapter 173-27 WAC) Impacts are minimized; these new poles will not significantly impact respective critical area functions and are not expected to increase the threat of the geological hazard to adjacent or abutting properties beyond pre-development conditions. In wetland buffers, permanent impacts (i.e., poles) are limited to one new Energize Eastside pole and three Lake Tradition replacement poles. The Lake Tradition poles are being replaced in the same location as existing poles, but the replacement poles have a larger footprint than the existing poles. Two existing poles will also be removed from and replaced outside of wetland and stream buffer resulting in a net increase of only 68 square feet of permanent wetland buffer impact (see mitigation discussion below). Vegetation community conversion impacts in wetland and stream buffers total 18,786 square feet and 19,235 SF square feet of temporary disturbance will occur. Vegetation conversion impacts are also proposed in erosion hazard areas, landslide hazard areas, steep slope hazard areas, coal mine hazard areas, habitat conservation areas and wellhead protection areas. The majority of wetland/stream critical area impacts, which are primarily limited to buffer impacts from vegetation management (i.e., tree removal) occur in the Lower Cedar River sub-basin. Post-construction, all disturbed areas will be re-vegetated, if necessary, and left to return to their natural state, in accordance with the submitted mitigation plans (Exhibit 10).  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; Staff Comment: According to the submitted Critical Areas Report (Exhibit 9), the proposal would result in 68 square feet of permanent wetland buffer impact. Vegetation community conversion impacts in wetland and stream buffers total 18,786 square feet and 19,235 SF square feet of temporary disturbance will occur. A total of 18 trees would be removed from the Honey Dew Creek buffer and 11 trees would be removed within the Ginger Creek buffer within the Lower Cedar River sub basin (no impacts are proposed within the 200-foot shoreline jurisdiction of the Cedar River). The submitted mitigation plan (Exhibit 10), includes mitigation for permanent impacts at a ratio of 1:1 and the mitigation of conversion buffer impacts at a ratio of 0.5:1, which results in a total of 9,500 SF of wetland buffer enhancement. Proposed mitigation activities include invasive species removal and installation of native small trees, shrubs, and groundcover plants. In the Honey Dew Creek buffer, snag creation will mitigate for some impacts to habitat occurring within the May Creek sub-basin. N/A 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. Staff Comment: Not applicable, the proposal does not include a hazardous material activity or facility. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 9 of 18 D_Hex Report_Energize Eastside_FINAL and Shoreline Master Program Regulations (RMC 4-3-090). The proposal is consistent with the policies of the Shoreline Management Act and is consistent with the Shoreline Master Program, if all conditions of approval are complied with: Compliance Shoreline Analysis  Shoreline Exemption: In accordance with RMC 4-9-190C.3, Developments Exempt from substantial development permit requirement: Normal maintenance or repair of existing structures or developments, including damage by accident, fire or elements. "Normal maintenance" includes those usual acts to prevent a decline, lapse, or cessation from a lawfully established condition. "Normal repair" means to restore a development to a state comparable to its original condition, including 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. 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. Staff Comment: The project proposal includes the aerial replacement of transmission line wires over the Cedar River. The lines would be replaced with the same quantity of lines and there is a negligible change in wire size (an approximately 0.518-inch difference between the old and new lines). Replacement of the lines would occur aerially (i.e., no work will occur on the ground surface or in waters in the shoreline). No fill or excavation will occur within the shoreline. Additionally, no tree or vegetation removal is proposed within the shoreline. As the proposal includes no development activities within the shoreline and includes the replacement of existing transmission line wires, the proposal qualifies as “normal maintenance and repair” and would be exempt from a Shoreline Substantial Development Permit. The proposed project would be consistent with the policies of the Shoreline Management Act and the City of Renton Shoreline Master Program. 19. Conditional Use Analysis: The applicant is requesting Hearing Examiner Conditional Use Permit approval for the upgrade of 4 miles of two existing 115 kV transmission lines with two 230 kV transmission lines beginning at the City’s northern boundary with Newcastle and ending at the existing Talbot Hill substation. The proposal is compliant with the following conditional use criteria, pursuant to RMC 4-9-030.D. Therefore, staff recommends conditional approval of the requested Conditional Use Permit. Compliance Conditional Use Criteria and Analysis  a. Consistency with Plans and Regulations: The proposed use shall be compatible with the general goals, objectives, policies and standards of the Comprehensive Plan, the zoning regulations and any other plans, programs, maps or ordinances of the City of Renton. Staff Comment: See FOF 15 for Comprehensive Plan and FOF 16 for zoning regulation compliance. The City’s development regulations and Comprehensive Plan are silent on the applicability of building height and setbacks to transmission line poles. The pole City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 10 of 18 D_Hex Report_Energize Eastside_FINAL locations are proposed within the existing PSE transmission line corridor easement to provide adequate spacing between the poles and the edge of the easement. The heights of the proposed poles would be increased to an average height of between 85 and 95 feet under the project proposal, however there are 70% fewer poles proposed. The proposed transmission line upgrade within the existing transmission line corridor would be consistent with existing plans and regulations.  b. Appropriate Location: The proposed location shall not result in the detrimental overconcentration of a particular use within the City or within the immediate area of the proposed use. The proposed location shall be suited for the proposed use. Staff Comment: The applicant contends that the proposed transmission line upgrade would not result in a detrimental overconcentration of a transmission line use within the City. PSE is proposing to replace the existing 115 kV transmission lines with 230 kV transmission lines. The upgrade would be located entirely within PSE’s existing 100-foot electrical transmission utility corridor. After deliberate review and extensive stakeholder input, PSE proposes to undertake this work in the existing transmission line corridor rather than siting a new corridor through Renton communities. PSE contends that the use of the existing corridor (which has housed transmission lines since the 1920s and 30s) minimizes environmental impacts and impacts to adjacent uses to the fullest extent feasible. The transmission line replacement would reduce the number of poles within the corridor by over 70% from 144 to 41 poles. The proposed poles would be setback from the edge of the existing easement area to provide adequate spacing between the poles and the edge of the easement, and therefore creating a sufficient setback to buildings and structures Staff concurs that the proposal to upgrade the transmission line within PSE’s existing electrical transmission line corridor would not result in a detrimental overconcentration of a particular use within the City or within the immediate area. The vast majority of the utility corridor does not currently house other electrical utilities. Thus, the proposed Project does not over concentrate the particular land use, which is already an existing utility corridor. The utility corridor is part of the existing character of the area. By selecting this route through Renton, PSE limits new impacts and ensures consistency with the existing uses, which already accommodate a utility corridor. Compliant if condition of approval is met c. Effect on Adjacent Properties: The proposed use at the proposed location shall not result in substantial or undue adverse effects on adjacent property. Staff Comment: The applicant contends that the 230 kV transmission line upgrade would not have a substantial or undue adverse impact on adjacent properties as the proposal would be within the existing 115 kV utility corridor and the replaced poles will generally be installed in the same location or in close proximity to the existing poles and would be setback appropriately from the edge of the existing easement. Additionally, while the proposed heights of the poles would increase (between 85 and 95 feet), the number of poles would be reduced by over 70%. The proposed transmission line replacement would have temporary construction impacts on surrounding neighbors as many of the transmission poles are within easements in residential backyards. However, construction impacts would be minimized to the greatest extent feasible through use of mainly existing or historic access routes that were used for initial pole installation and/or maintenance activities. A safe work area would be established around each pole removal and installation location, providing space for placing equipment, vehicles, and materials. The City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 11 of 18 D_Hex Report_Energize Eastside_FINAL installation time for poles depends on whether a given pole is placed on a foundation or is directly embedded. Poles on foundations take longer to install. Typically, pole foundation work takes 1 to 3 days; setting the pole takes 1 to 2 days; and stringing the wires across the pole takes 1 or 2 days. Stages of work can be separated by up to 1 month or more. Accordingly, in any given location, construction activities typically take place over 3 to 7 days within a 2 month period. Additional time may be required for site preparation, installation of BMPs, and site restoration. For direct embed steel poles with no foundation, the hole is typically prepared and the pole is set in a single day. The wires are typically installed up to a month later. The applicant is proposing to work with individual property owners to restore areas impacted during construction to its previous, or an improved, state. The applicant submitted a Vegetation Replacement Approach letter, dated July 24, 2019 (Exhibit 8), which includes PSE’s proposal to identify preferred species for replacement vegetation, with a focus on native species, so as to enhance adjacent uses to the extent possible. PSE will mitigate for impacts in a manner that is consistent with the applicable regulations when on-site restoration is not possible. All applicable codes and standards will be followed during design and construction, including electrical, stormwater and erosion control, tree protection, and noise codes. Staff concurs that the proposed transmission line upgrade would not result in a substantial or undue adverse impact to adjacent properties, provided temporary construction impacts are mitigated in accordance with the submitted Vegetation Replacement Approach letter, dated July 24, 2019 (Exhibit 8). Staff recommends, as a condition of approval that any site disturbance be restored in accordance with the submitted Vegetation Replacement Approach letter, dated July 24, 2019 (Exhibit 8). Compliant if condition of approval is met d. Compatibility: The proposed use shall be compatible with the scale and character of the neighborhood. Staff Comment: The applicant contends that the proposed project (including setbacks and height) is compatible with the existing scale and character of development in the project neighborhood, which includes other tall vertical structures and trees. The proposed upgraded transmission lines would be located in an existing utility corridor, where existing land uses are predominantly vacant (42%). Non-vacant land uses are primarily transportation and single-family residential uses located adjacent to the existing transmission lines. Approximately 185 parcels are immediately adjacent to the existing corridor. The project, as designed, would not change the use of these parcels. Unique land uses include Sierra Heights Elementary School, Renton Seventh-day Adventist Church, Church of Jesus Christ of Latter-day Saints, Renton Technical College, North Highlands Neighborhood Center, and a large commercial area along NE Sunset Blvd. The Renton segment goes through the residential neighborhoods of Honey Creek Ridge, Shadow Hawk, Liberty Ridge, Glencoe, and Sunset (Renton Highlands). Honey Creek Ridge, Shadow Hawk, Liberty Ridge, and Glencoe are predominantly single-family and multi-family planned-developments with designated park spaces. Sunset (Renton Highlands) is one of the City’s older developed areas and is comprised of commercial and residential uses; it is currently being redeveloped with new multi-family, parks, library, and commercial land uses. Several parks are along the corridor, including May Creek Greenway, Honey Creek Greenway, and the Cedar River Natural Zone. The proposed project has been designed to utilize the existing transmission line corridor that was established in the late 1920s and early 1930s. The current uses adjacent to the corridor developed over time as areas were annexed into the City and these areas City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 12 of 18 D_Hex Report_Energize Eastside_FINAL became more dense and populated, particularly starting in the 1940s when Boeing Airplane Company built its Renton Boeing plant for production of B-29s. The utility corridor is part of the existing character of the adjacent neighborhoods, which house many tall vertical structures including light poles, street lights, electrical lines (including Seattle City Light’s existing lattice tower 230kV transmission lines), communication towers, buildings, and trees (including Douglas fir, which have a mature height of 70 ft to over 300 ft). By selecting this route through Renton, PSE limits new impacts and ensures consistency with the existing uses, which already accommodates transmission line facilities, which are typically the tallest features in the corridor. PSE’s proposed transmission line upgrade design involves replacing the existing 144 H- frame wood 115-kV transmission poles with 41 steel monopoles to accommodate 230- kV conductors (e.g., wires). The replacement poles will generally be installed in the same location or in close proximity to the existing poles. This design provides over a 70% reduction in transmission poles within the corridor. The reduction in poles reduces aesthetic impacts to adjacent uses by eliminating visual clutter. Additionally, the replacement poles will not preclude compatible existing and future uses of the adjacent properties. PSE would work with the City to assess various pole finishes (e.g., galvanized, Corten [self-weathering], painted), as identified in the EIS Consistency Analysis (Exhibit 2) to limit aesthetic impacts to the neighborhood and protect public scenic views. Renderings were submitted with the project application including photo simulations of the different pole finishes (Exhibit 11) along the project corridor. PSE will also work with the City and property owners to identify preferred species of replacement vegetation, with a focus on native species, so as to enhance adjacent uses to the extent possible (per Exhibit 8, Vegetation Management Approach letter). Staff has reviewed the proposal and has some concerns with regards to the visual impacts of the proposed taller poles to the surrounding neighborhood unless mitigated. Thus, to mitigate for the visual impacts of the proposed poles, a mitigation measure was added to the EIS Consistency Analysis requiring that poles visible to the public be treated with artwork. The proposed concept of adding artwork to the transmission line poles was approved by the City of Renton Arts Commission on November 5, 2019. Staff recommends as a condition of approval that individual art wraps for the transmission line poles be submitted to the Current Planning Project Manager for review and approval prior to the issuance of a Construction Permit. Artwork shall be installed prior to the energizing of the transmission lines. With the implementation of artwork on the proposed transmission line poles as well as the installation of landscaping as described above, staff concurs that the proposed transmission line upgrade would be compatible with the surrounding neighborhoods. Compliant if condition of approval is met e. Parking: Adequate parking is, or will be made, available. Staff Comment: No new parking spaces are proposed for the transmission line upgrade. Parking for construction vehicles is proposed to be provided within the existing transmission line corridor or adjacent street parking during active construction. In addition, it is possible that recreation sites or facilities may be used for temporary construction staging. PSE proposed to work with the City of Renton to identify suitable locations for construction staging that would result in minimal impacts to parking. Such suitable locations may include overflow parking areas or parts of the site that are underutilized. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 13 of 18 D_Hex Report_Energize Eastside_FINAL In order to ensure that adequate parking is provided during project construction, staff recommends, as a condition of approval that the applicant provide a construction staging and parking plan to the Current Planning project manager for review and approval prior to the issuance of Construction Permits. Compliant if condition of approval is met f. Traffic: The use shall ensure safe movement for vehicles and pedestrians and shall mitigate potential effects on the surrounding area. Staff Comment: The applicant contends that the proposed transmission line upgrade would ensure the safe movement of vehicles and pedestrians and mitigate potential impacts in the Project area. The proposed transmission line upgrade is located within the existing utility corridor. Because adjacent land uses and roads already integrate with the transmission lines, once operational, the upgraded transmission lines would not disrupt vehicles or pedestrians in the surrounding areas. Temporary construction impacts may occur during project construction. Construction vehicle access to pole replacement sites would be made from existing roads or newly constructed temporary access roads. The proposed pole locations would be near existing accessible routes to minimize impacts to traffic from Project construction. PSE proposes to work to maintain access to roads and recreation sites while providing a safe working area for crews and the public. During individual pole replacement and wire stringing, the public may be temporarily inconvenienced by construction activities; however, impacts will be short in duration at each site. The proposed transmission line upgrade does not require the construction of walls, fences or screening vegetation, which further ensures that the existing uses and circulation would not be disrupted. The applicant contends that access to adjacent land uses would be maintained during construction. Informal recreational activities occur throughout the Project area. There are both formal and informal recreation trails within and across several segments of the existing PSE transmission line corridor, which is generally viewed as a green belt. Trails along the Renton segment include: Sierra Heights Park trail, Honey Creek Greenway, portions of the May Creek Greenway, the Cedar River Trail (part of the Cedar River Natural Area), and Riverview Park trails. During pole installation and wire stringing, trail access in proximity to the transmission line will be limited to protect public safety. The total duration of trail access impacts will range from 3 to 7 days at each pole site depending on the method of pole installation. Post-construction, neighboring properties will have the same uses and circulation patterns as currently exist. PSE proposes to work with the City to ensure that appropriate mitigation measures are implemented throughout the project corridor. Mitigation of temporary impacts to pedestrian uses during construction may include the following: avoiding construction during peak trail usage, providing alternative points of access and detours, 2-week advanced notification of temporary trail closures, and signage of temporary closures along trails or park entrances at least one week in advance of closures. Bicycle and pedestrian use of roads or sidewalks may be temporarily restricted while poles are replaced or wires strung along roads to protect public safety. Mitigation of potential impacts to traffic could include “maintenance of traffic” plans that identify traffic control and detours to maintain mobility and safety for vehicular and non-motorized travelers and maintain access to properties. Staff has reviewed the proposal and concurs that impacts on vehicular and pedestrian traffic patterns would be temporary in nature and limited in duration. Staff recommends, as a condition of approval, that a pedestrian and vehicular traffic control City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 14 of 18 D_Hex Report_Energize Eastside_FINAL plan be submitted at the time of Construction Permit for review and approval by the Plan Review Section prior to the issuance of a Construction Permit. Staff further recommends that a plan be submitted for any closures to City Parks and/or trails. The park and trail closure plan shall be submitted to the Community Services division for review and approval prior to the issuance of a Construction Permit.  g. Noise, Light and Glare: Potential noise, light and glare impacts from the proposed use shall be evaluated and mitigated. Staff Comment: The proposed transmission line replacement will not result in any significant noise, light, or glare impacts when completed and in use. Chapter 9 of the Phase I DEIS contains an analysis of potential operational and construction-related noise impacts. With respect to operational impacts, the Phase I DEIS states that “Potential operational impacts from overhead transmission lines associated with any of the transmission line alternatives would occur from corona discharge. The maximum corona noise produced from 230 kV lines at ground level during wet weather conditions [is] a relatively low noise level that would not be noticeable in most suburban environments. . . Background ambient noise levels in suburban residential areas of King County fall between 40 and 50 dBA during nighttime hours. Even in rural areas, corona noise from 230 kV transmission lines would be unlikely to impact sensitive uses. Consequently, audible corona noise would be a negligible operational noise impact…” The proposed transmission line replacement may have temporary construction-related noise impacts on surrounding neighbors as many of the transmission poles are within easements in residential backyards. These impacts include increased presence of construction vehicles, equipment, materials, and personnel. Temporary construction impacts (consistent with the limited durations described above) would terminate once construction is complete. Project construction would entail the installation of poles and stringing of conductor wires. Typical equipment required for installation includes vactor trucks, cranes, concrete trucks (for pouring foundations), and “boom trucks” for lifting up personnel and materials. Table 9-4 of the Phase I DEIS contains the typical noise levels for the equipment used during the Project’s construction phase. Pole installation typically requires 3–7 days each (within a 2-month work window); no significant excavation is required and installation would not create significant noise. Noise-generating activity during pole installation would occur for a relatively short period of time. The Phase I DEIS concludes that “[w]hile likely to be above background noise levels, [Project impacts] would likely be within the restrictions for construction noise in Section 12.88 of the King County Code (and most local codes), which exempt construction noise from quantitative noise exposure limits but restrict construction noise to daytime hours.” Phase I DEIS at 9-10. Any nuisance caused by the short-term construction activities would be ‘less-than-significant’ (Phase 2 DEIS 4.1.1 and 4.4-9). Some of the areas along the Renton segment are possible candidate locations for the use of helicopters because of the complex terrain in the area. It is important to note that using a helicopter is the last option utilized by a contractor due to costs and additional FAA permitting. Although not required, one of the most efficient methods of installing new conductor on poles is to use a helicopter, which would be used to pull a rope or “sock line” from pole to pole. Once the rope is in place, the rope is then used to pull in the new conductor (wire). Non-helicopter methods require personnel to pull the sock line between poles by walking to each structure. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 15 of 18 D_Hex Report_Energize Eastside_FINAL The use of helicopters is most likely for the crossing over the Cedar River. Helicopter use facilitates faster installation of wires and often includes minimizing land disturbance that may be necessary to access pole locations, thereby reducing traditional access and associated restoration costs. If helicopters are used, PSE and their contractor would be required to comply with the local and FAA congested air permit conditions and notification requirements, including those related to the Renton Municipal Airport. As these are specialty helicopters and work techniques, the work would likely be scheduled weeks in advance. The public notice and awareness outreach would be flexible and could be communicated in advance. Staff concurs that the proposal would not result in adverse long term noise, light, and glare impacts to surrounding properties. Temporary noise, light, and glare impacts would be mitigated through the implementation measures provided within the EIS Consistency Analysis / EIS Addendum (Exhibit 2). Compliant if condition of approval is met h. Landscaping: Landscaping shall be provided in all areas not occupied by buildings, paving, or critical areas. Additional landscaping may be required to buffer adjacent properties from potentially adverse effects of the proposed use. Staff Comment: The applicant contends that the majority of the existing transmission line corridor is currently vegetated or has been landscaped by abutting property owners. Post construction, all disturbed areas would be re-vegetated, as necessary, and left to return to their natural state in compliance with the proposed Vegetation Replacement Letter (Exhibit 8) submitted with the project application. Typically, crushed vegetation rebounds within one growing season resulting in only temporary impacts to vegetation. Vegetation in the existing corridor is routinely managed. The corridor was initially disturbed during original construction in the 1920s and 1930s (including clearing associated with construction activities for the line itself and associated access roads) as well as subsequent parking lots, subdivisions, trails, and residential and commercial development. Disturbance is regular and ongoing due to vegetation maintenance and pole replacement activities. With the exception of Honey Creek Open Space and Cedar River Natural Area, the majority of trees in the existing corridor are ornamental and associated with existing property uses. Vegetation in a transmission line corridor that has an operational voltage of more than 200 kV must be managed in compliance with federal requirements, resulting in limitations with regard to the type and scope of landscaping that is allowable. Vegetation management standards vary depending upon the location of vegetation management in relation to transmission wires. Consistent with federal standards, vegetation in the wire zone (i.e., 10-ft outside wires) must have a mature height of no greater than 15 feet, unless the local topography is sufficient to allow a 20-foot vertical clearance between the power lines and the mature height of trees under the power lines. Trees can be taller outside the wire zone. The deep ravine cut by the Cedar River allows retention of taller trees under the upgraded transmission lines. According to the submitted Vegetation Replacement Letter (Exhibit 8), PSE proposes to mitigate impacts to trees that are necessary to meet federal transmission line operational standards. To mitigate for loss of significant trees in the transmission corridor, PSE is proposing mitigation ratios that would exceed the City’s adopted tree replacement standards as proposed in the submitted Vegetation Replacement Letter (Exhibit 8). PSE proposes to work with affected property owners to replace trees in the most effective manner that meets the permit conditions. Much of the corridor is within City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 16 of 18 D_Hex Report_Energize Eastside_FINAL private properties, including homeowners’ backyards, and is fenced off. PSE has been meeting with these property owners along the existing corridor to discuss tree replacement and landscaping, and will continue to work together to develop property- specific landscaping and tree replacement plans, with a focus on controlling invasive species and enhancing native species. Staff recommends, as a condition of approval, that a final Landscape and Tree Replacement Plan be submitted to the Current Planning Project Manager at the time of Construction Permit review for review and approval. Maintenance of vegetation within the transmission line corridor, shall be required to comply with the City’s property maintenance regulations as outlined under RMC 1-3-3. 20. 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. Compliant if condition of approval is met Streets: Any damage to existing public sidewalks or roadway during this work will need to be restored. Restoration shall comply with the City of Renton trench restoration and street overlay requirements. The PSE easement bisects the City as a whole, in order for the City to provide an interconnected transportation grid and prevent dead end streets, public roads will need to extend through the corridor. To permit the construction of future City public street connections as a result of future development, staff recommends as a condition of approval that to the extent that PSE’s easement does not preclude said connections future transportation connections within the transmission line corridor may be permitted when needed to accommodate future development. Compliance not yet demonstrated Storm Water: An adequate drainage system shall be provided for the proper drainage of all surface water. Staff Comment: The project will require drainage review under a Civil Construction Permit Application per the City of Renton Surface Water Design Manual if the project triggers one of the following: a. More than 2,000 square feet of impervious surface is added or replaced, or b. More than 7,000 square feet of land disturbing activity, or c. Construct or modify a pipe/ditch that is 12 inches or more in size/depth, or d. Adjacent to a flood, erosion, steep slope hazard area, or is within a landslide Hazard Drainage Area.  Water: Locations of all existing utilities shall be included within the plan set submitted at the time of Construction Permit review. A minimum of 10 feet of separation is required between the proposed pole location and the existing water mains.  Sanitary Sewer: At the location where pole 3/6 is proposed the plans show a removal of the existing wooden poles. It appears that the pole is proposed to be installed in close proximity of the city’s existing sewer main. The applicant would need to submit a plan within their franchise permit and Construction Permit that discusses how the city’s utilities will be protected during the removal of the existing poles. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 17 of 18 D_Hex Report_Energize Eastside_FINAL I. CONCLUSIONS: 1. The proposed project complies with the goals and policies established in the Utilities element, see FOF 15. 2. The subject site is located in the Commercial Arterial (CA), Commercial Office Residential (COR), Center Village (CV), Light Industrial (IL), Residential-1 (R-1), Residential-10 (R-10), Residential-14 (R-14), Residential-4 (R-4), Residential-6 (R-6), Residential-8 (R-8), Resource Conservation (RC), and Residential Multi-Family (RMF) zoning classifications. The proposed project complies with the applicable zoning and development standards established with these designations provided the applicant complies with City Code and conditions of approval, see FOF 16. Development standards that are not applicable are discussed in the Conditional Use Permit analysis FOF 19. 3. The proposed project complies with the Critical Areas Regulations provided the applicant complies with City Code and conditions of approval, see FOF 17. 4. The proposed project is consistent with the Shoreline Master Program and complies with the Shoreline Management Act, see FOF 18. 5. The proposed Conditional Use complies with the conditional use criteria as established by City Code provided all advisory notes and conditions are complied with, see FOF 19. 6. There are adequate public services and facilities to accommodate the proposed transmission line corridor, see FOF 20. J. RECOMMENDATION: Staff recommends approval of the Puget Sound Energy Energize Eastside Conditional Use Permit, File No. LUA18-000055, CU-H, SME, as depicted in Exhibit 12, subject to the following conditions: 1. The applicant shall comply with the mitigation measures set forth in the EIS Consistency Analysis / EIS Addendum, dated December 13, 2019 (Exhibit 2). 2. Any project site disturbance and tree replacement shall occur as proposed in the Vegetation Replacement Approach letter (Exhibit 8). 3. Individual art wraps for the transmission line poles shall be submitted to the Current Planning Project Manager for review and approval prior to the issuance of a Construction Permit. Artwork shall be installed prior to the energizing of the transmission lines. 4. A construction staging and parking plan shall be submitted to the Current Planning project manager for review and approval prior to the issuance of Construction Permits. 5. A pedestrian and vehicular traffic control plan shall be submitted at the time of Construction Permit for review and approval by the Plan Review Section prior to the issuance of a Construction Permit. 6. A plan shall be submitted for any closures to City Parks and/or trails. The park and trail closure plan shall be submitted to the Community Services division for review and approval prior to the issuance of a Construction Permit. 7. A final Landscape and Tree Replacement Plan shall be submitted to the Current Planning Project Manager at the time of Construction Permit review for review and approval prior to construction permit issuance. Maintenance of vegetation within the transmission line corridor, shall be required to comply with the City’s property maintenance regulations as outlined under RMC 1-3-3. City of Renton Department of Community & Economic Development Puget Sound Energy Energize Eastside Staff Report to the Hearing Examiner LUA18-000055, CU-H, SME Report of January 8, 2020 Page 18 of 18 D_Hex Report_Energize Eastside_FINAL 8. Future public road transportation connections within the transmission line corridor shall be permitted when needed to accommodate future development to the extent that PSE’s easement does not preclude said connections.