ORD 09-610
CITY OF FEDERAL WAY
ORDINANCE NO. 09-610
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING
TO LAND MODIFICATION INCLUDING CLEARING, GRADING, AND TREE
AND VEGETATION RETENTION; AMENDING FEDERAL WAY CITY CODE
(FWCC) CHAPTERS 20 AND 22, SECTIONS 20-83, 20-111, 20-154, 22-1, 22-33, 22-
1133,22-1561,22-1562,22-1563,22-1564,22-1569; 22-1570,22-1634,22-1635, AND 22-
1638; ADDING NEW SECTIONS TO CHAPTER 22, ARTICLE XIII, DIVISION 7
[FWRC 19.120] AND TO CHAPTER 22, ARTICLE XVII, AND REPEALING
SECTIONS 20-179 20-186, 22-962, 22-1091, 22-1092, 22-1093, 22-1094, 22-1095, 22-
1568.
WHEREAS, the City recognizes the need to periodically modify the Federal Way City Code Chapter
22, "Zoning," in order to conform to state and federal law, codify administrative practices, clarify and
update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the
development review process; and
WHEREAS, it is in the public interest for the City Council to adopt a new article for FWCC Chapter
22, "Zoning" which establishes development regulations for clearing, grading, and tree and vegetation
retention actions within the City of Federal Way; and
WHEREAS, the proposed clearing, grading, and tree and vegetation retention code amendments would
consolidate these development standards into one article of the code and increase code efficiency; and
WHEREAS, the adoption of this code amendment will increase flexibility in site development
standards while also establishing more predictable site development outcome; and
WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," ofthe Federal
Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and
WHEREAS, the Planning Commission conducted public workshops on these code amendments on
September 19,2007, November 7, 2007, and January 16,2008; and
WHEREAS, the Land Use Transportation Committee of the City Council of the City of Federal Way
conducted a study session on these code amendments on February 25,2008; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on October 25,2008, and no comments or appeals were received and the DNS was finalized on
November 24, 2008; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code
amendments on November 5,2008, and continued to November 19, 2008, January 7, 2009, January 21,
2009, and February 4,2009; and forwarded a recommendation of approval with modification to the City
Council as follows: (1) to allow for a maximum artificial slope of 2:1 horizontal run to vertical rise for
Ordinance No. 09-610
Page 1 of 69
slopes no greater than six feet in length; and (2) eliminate the word "quantity" from section 22-XXX3
(9)(c); and the Land Use/Transportation Committee of the Federal Way City Council considered these
code amendments on February 23, 2009, and recommended adoption of the text amendments as
recommended by the Planning Commission with further modifications as follows: (1) to increase the
height limit for retaining walls in single family zones from four to six feet; (2) to allow for a maximum
artificial slope of 2: 1 horizontal run to vertical rise for slopes no greater than six feet in height; and (3)
eliminate the word "quantity" from section 22-XXX3 (lO)(b);.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed code amendments.
A. These code amendments are in the best interest of the residents of the City and will benefit the
City as a whole by adding clarity to clearing and grading standards; establishing maximum
retaining wall heights; and establishing minimum tree units per acre standards for tree retention.
B. These code amendments comply with Chapter 36.70A RCW, Growth Management.
C. These code amendments are consistent with the intent and purpose of FWCC Chapter 22
"Zoning," and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
D. These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUGl Improve the appearance and function of the built environment.
LUG3 Preserve and protect Federal Way's single-family neighborhoods.
LUP6 Conduct regular reviews of the development regulations to determine how to improve
upon the permit review process.
LUP19 Consider special development techniques (e.g., lot size averaging, cottage housing, and
planned unit developments) in single-family areas, provided they result in residential
development consistent with the quality and character of existing neighborhoods.
Ordinance No. 09-610
Page 2 of 69
LUP20 Preserve site characteristics that enhance residential development (trees, water-courses,
vistas, and similar features) using site planning techniques such as clustering, planned unit
developments, and lot size averaging.
HG 1 Preserve and protect the quality of existing residential neighborhoods and require new
development to be of a scale and design that is compatible with existing neighborhood character.
HP8 Consider the economic impact of all development regulations on the cost of housing.
HP9 Maximize efficiency in the City's development review process and ensure that unnecessary
time delays and expenses are eliminated. Continue to provide streamlined permitting processes
for development that is consistent with the FWCP and FWCC, and that has no adverse impacts.
HPI0 Encourage community input, where appropriate, into the development permit process by
providing thorough and timely information to the public.
HG3 Develop a comprehensive plan and zoning code that provide flexibility to produce
innovative housing solutions, do not burden the cost of housing development and maintenance,
and diversify the range of housing types available in the City.
HP19 Increase the amount of undeveloped open spaces in both infill and new development
parcels, by expanding the use of cluster development and allowing housing techniques such as lot
averaging, and zero lot line standards.
NEGl To preserve the City's natural systems in order to protect public health, safety, and
welfare, and to maintain the integrity of the natural environment.
NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging
community development patterns and site planning that maintains and complements natural
landforms.
NEP18 The City shall maintain regulations and standards to carry out the Surface Water
Management Comprehensive Plan's policy of restricting stormwater runoff from all new
development and redevelopment in order to minimize the potential for flooding and stream bank
erosion, and preserve and enhance development and redevelopment. City policies, regulations,
and standards will meet the comprehensive stormwater program requirements of the Puget Sound
Plan, and will comply with NPDES permit requirements as applicable.
CAB (Countywide Planning Policy) All jurisdictions shall regulate development on certain
lands to protect public health, property, important ecological and hydrogeological functions, and
environmental quality, and to reduce public costs. The natural features of these lands include: a)
Ordinance No. 09-610
Page 3 of 69
Slopes with a grade greater than 40 percent; b) Severe landslide hazard areas; c) Erosion hazard
areas; d) Mine hazard areas; and e) Seismic hazards. Regulations shall include, at a minimum,
provisions for vegetation retention, seasonal clearing and grading limits, setbacks, and drainage
and erosion controls.
NEG9 Adopt standards to ensure against the loss of both public and private property In
geologically hazardous areas.
NEP54 Land uses on steep slopes should be designed to prevent property damage and
environmental degradation, and to enhance open space and wildlife habitat.
NEP55 As slope increases, development intensity, site coverage, and vegetation removal should
decrease and thereby minimize drainage problems, soil erosion, siltation, and landslides. Slopes
of 40 percent or more should be retained in a natural state, free of structures and other land
surface modifications.
PUP16 The City should, to the extent practical, work with utility providers in preparing a right-
of-way vegetation plan that ensures that the needs of landscaping and screening are balanced with
the need to prevent power outages.
2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare
because it establishes more prescriptive standards for clearing, grading, and retention of trees and
vegetation during land development activities. Implementation of the code amendments will
result in development that gives better consideration for natural site conditions and greater
amount of tree and vegetation retention on 1:1 citywide basis.
And
3. The proposed amendment is in the best interest of the residents of the City because site
development proposals will be required to more cohesively address proposed site clearing and
grading, and tree/vegetation retention as part of the permit review process. Proposed standards
related to clearing and grading and utilization of rockeries and retaining walls will be required to
provide for better aesthetic treatment of sites, less dramatic alteration of natural site conditions,
and greater consideration for off-site impacts. All new developments (except for within the City
Center Core and Fame) will be required to establish a minimum number of tree units per acre that
will result in a more predictable amount of tree canopy retention on a citywide basis. Retention of
tree canopy provides an aesthetic and economic benefit, as well as serving to reduce sound
transmission, clean the air, and help reduce stormwater runoff.
Ordinance No. 09-610
Page 4 of 69
Section 3. Amendment. Federal Way City Code (FWCC) chapters 20 and 22, sections 20-83, 20-111,
20-154, 22-1, 22-33, 22-1133, 22-1561, 22-1562, 22-1563, 22-1564, 22-1569; 22-1570, 22-1634, 22-
1635, and 22-1638 are amended as set forth in the attached Exhibit A.
Section 4. New sections. New sections are added to chapter 22, article XIII, division 7 [FWRC
19.120] and to chapter 22, article XVII of the Federal Way City Code as set forth in the attached Exhibit
A.
Section 5. Repeal. Federal Way City Code sections 20-179 20-186, 22-962, 22-1091, 22-1092, 22-
1093, 22-1094,22-1095,22-1568 are repealed as set forth in the attached Exhibit A.
Section 6. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto. The
codifiers of this ordinance shall update section numbers, titles, format, and style consistent with the
direction in Resolution 07-509 and 09-539 to conform to the Federal Way Revised Code.
Section 8. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same
sections as does this one, specifically Ordinance No 09-611relating to forest practices regulations;
changes made in this ordinance are intended to be in addition to any changes made by any other ordinance
or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are
enacted, repealed, or modified by any other ordinance or resolution.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall be effective thirty (30) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting ofthe City Council on
the 7 day of April, 2009.
Ordinance No. 09-610
Page 5 of 69
APPROVED AS TO FORM:
f~tl. ~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK: 3-10-2009
PASSED BY THE CITY COUNCIL: 4-7-2009
PUBLISHED:
4-11-2009
EFFECTIVE DATE: 5-11-2009
ORDINANCE No: 09-610
Ordinance No. 09-610
Page 6 of 69
EXHIBIT A
CLEARING, GRADING, AND TREE RETENTION CODE AMENDMENTS
Chapter 20, Subdivisions
Article II, Plats, Division 8, Short Subdivision Plats
20-83 Content and form of application.
(a) An application for approval of a short subdivision shall be made to the department of community
development services upon forms furnished by the city. Applications shall be made by the owner or
owners of the parcel or parcels of all property encompassed by the application or by a duly authorized
agent. The owner or owners of all parcels to be included must join in or be represented in the application.
(b) The application shall include seven prints of the proposed short subdivision drawn to a scale of
one inch represents 50 feet or larger, and should be accompanied by the following information:
(1) Proposed name of the plat.
(2) Location by section, township, range, and/or by other legal description.
(3) Name, address, and phone number of developer.
(4) Name, address, and phone number of each property owner.
(5) Name, address, and phone number of registered land surveyor.
(6) Scale of drawing, date, and north point.
(7) Existing topography of the land indicated by contours of two-foot intervals for slopes less
than 20 pereem 15% and five-foot intervals for slopes of20 percent 15% or greater.
(8) Accurate delineation of steep slopes 40% or greater.
(82) Location and extent of significant natural features on and immediately adjacent to the site.
Such features shall include, but are not limited to, streams, wetlands, views, sigaifieant stands of trees,
and water bodies to the extent that significant natural features and/or their associated buffers affect the
proposed short subdivision.
(10) Preliminary clearing and grading and tree/vegetation retention plan consistent with the
requirements of Article XXX, Clearing. Grading. and Tree and Vegetation Retention.
(911) Comprehensive plan and zoning classification of the proposed short subdivision and
adjoining properties.
(M 12) Adjacent common ownerships and the land or lot divisions of adjoining properties not in
common ownership for a distance of at least 100 feet around the perimeter of the property proposed for
subdivision.
(H 13) Location, widths, and names of existing or prior platted streets, railroad or utility rights-
of-way or easements, access easements, slope easements, parks and other public spaces, and existing
permanent structures to be retained within and adjacent to the proposed short subdivision. Where the
property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown
in dotted lines in scale with the proposed short subdivision.
(-H 14) Existing and proposed water, sewer, and drainage utilities on, under, or over the land
showing size, grades, and location.
(1-~ 12) Layout of proposed streets, pedestrian walkways, and easements.
(1-4 16) Layout, number, lot sizes, and dimensions of proposed lots.
(-M- 17) Parcels of land intended to be dedicated for public use, or reserved for use of owners of
the property in the short subdivision.
(M 1]) Building setback lines.
Ordinance No. 09-610
Page 7 of 69
(++ 19) The location and size of all ditches, culverts, catchbasins, and other parts of the design for
the control of surface water drainage.
(1-8 20) Typical roadway sections (existing and proposed).
(-1-9 21) Total acreage of the site platted prior to creation of any lots, tracts, or other dedications.
(~ 22) Acreage precluded from development due to the presence of critical areas, including:
wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered
by critical areas regulations.
(U 23) Acreage dedicated for public rights-of-way (for both newly created streets and expansions
of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for
the purpose of providing access to lots.
(~24) Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities,
open space and parks, or other on-site public facilities.
(~ 25) Net plat area, which is gross plat area minus critical areas, rights-of-way, and public
purpose lands.
(~26) Vicinity map indicating the proposed short subdivision's relation to the area.
(~27) A copy of the current county quarter section map for the appropriate area.
(~ 28) If applicable under FWCC 18-141 et seq., completed checklists or other required
environmental documentation.
(~29) The fee established by the city. The application shall not be accepted unless it is
accompanied by the requested fee.
(~30) Additional information as required at the discretion of the director. (Ord. No. 90-41, S
1(16.150.10 - 16.150.30),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 07-554, S 5(Exh. A(2)), 5-15-07)
Article II, Plats, Division 9, Preliminary Plat
20-111 Content and form of application.
(a) An application for approval of a preliminary plat shall be made to the department of community
development services upon forms furnished by the city. Applications shall be made by the owner or
owners of the parcel or parcels of all property encompassed by the application or by a duly authorized
agent or agents. The owner or owners of all parcels to be included must join in or be represented in the
application.
(b) The survey of the proposed subdivision and preparation of the plat shall be made by, or under the
supervision of, a registered land surveyor who shall certify that it is a true and correct representation of
the lands actually surveyed.
(c) The application shall be accompanied by the following information:
(1) Ten prints of the proposed preliminary plat drawn to a scale of one inch represents 100 feet or
larger. The preliminary plat drawing shall include the following specific information:
a. Proposed name of the plat.
b. Location by section, township, range, and/or by other legal description.
c. Name, address, and phone number of developer.
d. Name, address, and phone number of each property owner.
e. Name, address, and phone number of registered land surveyor.
f. Scale of plat, date, and north point.
g. Existing topography of the land indicated by contours of two-foot intervals for slopes less
than 20 flercent 15% and five-foot intervals for slopes of20 pereent 15% or greater.
h. Accurate delineation of steep slopes 40 percent or greater.
hi. Location and extent of significant natural features on and immediately adjacent to the site.
Such features shall include but are not limited to streams, wetlands, views, sigaifieant stands of trees, and
water bodies to the extent that significant natural features and/or their associated buffers affect the
proposed preliminary plat.
Ordinance No. 09-610
Page 8 of 69
i. Preliminarv clearing and grading and tree/vegetation retention plans consistent with FWCC
Article XXX, Clearing, Grading, and Tree and Vegetation Retention.
i k. Comprehensive plan and zoning classification of the proposed plat and adjoining
properties.
j 1. Adjacent common ownerships and the land or lot divisions of adjoining properties not in
common ownership for a distance of at least 100 feet around the perimeter of the property proposed for
subdivision.
k m. Location, widths, and names of existing or prior platted streets, railroad or utility rights-
of-way or easements, parks or other public spaces, or existing permanent structures to be retained within
and adjacent to the proposed plat. Where the property had been previously subdivided, the original lots,
blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed plat.
1 n. Existing and proposed water, sewer, and drainage utilities on, under, or over the land
showing size, grades, and location.
HI: o. Layout of proposed streets, pedestrian walkways, and easements.
fl 12:. Layout, number, lot sizes, and dimensions of proposed lots.
& .Q,...Parcels ofland intended to be dedicated for public use, or reserved for use of owners of
the property in the subdivision.
P L. Building setback lines.
El: ~ The location and size of all ditches, culverts, catchbasins, and other parts of the design for
the control of surface water drainage.
f 1. Typical roadway sections (existing and proposed).
s u. Total acreage of the site platted, prior to creation of any lots, tracts, or other dedications.
t v. Acreage precluded from development due to the presence of critical areas, including:
wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered
by critical areas regulations.
'Ii w. Acreage dedicated for public rights-of-way (for both newly created streets and
expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements
created for the purpose of providing access to lots within subdivisions.
v- x. Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities,
open space and parks, or other on-site public facilities.
w ~ Net plat area, which is gross plat area minus critical areas, rights-of-way, and public
purpose lands.
* ~ Vicinity map indicating the proposed subdivision's relation to the area.
(2) A copy of the current county quarter section map for the appropriate area.
(3) A list of the names and addresses of all owners of real property, as shown by the records of
the county assessor located within 300 feet of any portion of the boundary of the proposed subdivision
and any adjoining real properties owned by the owners of the lands proposed to be subdivided. If the
owner of the property which is proposed to be subdivided owns adjacent property, the addresses of
owners of property located within 300 feet of any portion of the boundaries of such adjacently located
parcels must also be provided.
(4) Three sets of stamped envelopes with address labels for all owners described in subsection
(c)(3) of this section.
(5) One II-inch by 17 -inch reduced paper copy of the preliminary plat map.
(6) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for
construction of each division.
(7) A complete environmental checklist pursuant to environmental policy, FWCC 18-26 et seq.
(8) Preliminary plat certificate not less than 90 days old from a licensed title insurance company.
(9) Additional information as required at the discretion of the director of community development
sefV1ces.
(d) Upon submittal of the preliminary plat application, the applicant shall tender payment of required
fees. Such fees shall be determined according to a standard fee schedule approved by the city council. The
Ordinance No. 09-610
Page 9 of 69
purpose of such fees is to defray the city's cost in processing the application. (Ord. No. 90-41, S 1(16.50),2-
27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 98-309, S 3,1-6-98; Ord. No. 07-554, S 5(Exh. A(2)), 5-15-07)
Article III, Design Criteria
20-154 Cluster subdivision.
(a) Purpose. The term cluster subdivision applies to both long and short subdivisions. The purpose of
cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and
innovation consistent with the site and the comprehensive plan; promote compatibility with housing on
adjacent properties through lot size and design; promote affordable housing; promote reduction of
impervious surface; and promote usable open space: and promote the retention of native vegetation.
(b) Standards.
(1) The gross land area available for cluster subdivisions must be a minimum of two acres.
(2) Lots created in a cluster subdivision may be reduced in size below the minimum required in
Chapter 22 FWCC, up to one-half of the size of the underlying zoning requirement, but in no case smaller
than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision
cannot be used together with FWCC 22-976(d)(1) (affordable housing bonus).
(3) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the
proposed development immediately adjacent shall be no less than the neighboring lot size, or the
underlying zoning minimum lot size minus 10 percent, whichever is smaller.
(4) Cluster lots may not be created on slopes of 15 percent or greater. Slopes are to be meas1:lfed
in their natural state. Refer to FWCC 22-XX16 for additional development standards for sites with slopes
of 15% or greater.
(5) Open space.
a. Open space created through cluster subdivisions shall be protected from further subdivision
or development by covenants filed and recorded with the final plat of the subdivision. .
b. Any subdivision created by this section must provide all open space on-site and it must be
all usable except up to five percent can be buffer.
c. All usable open space must be readily identifiable with the development and easily
accessible by the residents. Usable open space should be the central focus and an amenity for the project.
(6) Cluster subdivisions can be constructed with zero lot lines under the following conditions:
a. No more than two units shall share a common wall.
b. Zero lot line cannot occur in zones ofRS 9.6 or greater.
c. Each dwelling unit shall be built to respect privacy of abutting homes.
d. Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a
multifamily zone.
e. Each unit shall be intended for owner occupancy.
(7) Cluster lots are not eligible for accessory dwelling units under FWCC 22-613 or 22-648.
(c) Approval criteria. The innovative or beneficial overall quality of the proposed development shall
be demonstrated by the following criteria:
(1) The subdivision provides innovative development, otherwise not allowed, but which promotes
the goals ofthe comprehensive plan for architectural compatibility with single-family housing on adjacent
properties.
(2) The subdivision results in 15 percent common open space of which at least 10 percent ofthe
gross land area must be usable on-site open space, which is identified with the development and easily
accessible to residents.
(3) Native tree retention in accordance with FWCC 22-XX18 et seq.
(J~) Cluster lots immediately adjacent to existing neighborhoods have incorporated design
elements through lot size and architecture to be compatible as approved by the community development
services director.
Ordinance No. 09-610
Page 10 of69
(4 2) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic
features.
(~Q) Each dwelling unit shall meet the design standards in the FWCC community design
guidelines for cluster subdivisions. (Ord. No. 90-41, S 1 (16.240.10 - 16.240.30),2-27-90; Ord. No. 97-291, S 3,
4-1-97; Ord. No. 98-309, S 3,1-6-98; Ord. No. 98-330, S 3,12-15-98; Ord. No. 01-381, S 3, 1-16-01; Ord. No. 07-
554, S 5 (Exh. A(2)), 5-15-07)
Article IV, Improvements
20 179 ReteBtion of vegetation.
(a) All natural ':egetation shall be retaiBed eFl the site to be subdivided except that whish will be
remoyed for impro':ements or grading as shoy.'ll on approved engineering fllans. For zero lot line
to'.vnhouse development, elearing and grading shall be allowed to aeeormnodate the eenstruetion of the
buildiBg(s). If development is to be phased, elearmg aad grading shall also be phased. '^L flreliminary
clearing aFld grading plan shall be submitted as part ef preliminary plat applisati0Fl.
(6) Existiag matUi'e vegetations shall be retained to the maximum extent flassi-ble. Preservation of
signifieant trees fll:1fsaant to FWCC 22 1568 shall apply solely to the development ef eaeh single family
lot at the time a building permit is applied for.
(e) Lots ereat-ed on slopes of 15 pereent or greater shall minimize grading llfld shall not result in
extensi'le use of retaining ',valls. Slepes are ta be measoced in their natural state. (Ord. Ne. 90 41, ~
I(Hi.290),2 27 90; Ord. No. 97 291, ~ 3, 4 1 97; Ord. No. 9g 330, ~ 3, 12 15 9g; Or4. No. 07 554, ~ 5(Exh. N2)),
5 15 07)
(d) Where safe and f-easible, the meandering of streets and/or sidewalks ara\:ffid sigBifieant trees is
eneouraged.
( e) ,^JI street trees and other plantings shall be iBstalled in eonformanee with staFldard landseaping
practices and 'uith apprepriate eity guidelines and regulations. (Ord. No. 90 <11, ~ I(Hi.3{)O.lO Hi.3{)0.40),2
27 90; Ord. Ne. 97 291, ~ 3, -1 1 97; Ord. ~lo. 07 554, ~ 5(EJrn. .'\(2)), 5 15 07)
20 IS' Landseaping pFoteetion and enhaBeement.
(a) .^L landseape plan prepared by a lieensed landseape arehitect shall be submitted with eaeh
applieation for a land di'lision. The plan shall identify existing 'Hooded areas, signifieant trees, meadOY1S,
roek outeroppiIlgs, and other landscape features. The plaIl shall also show proposed b1:1ffers, epen spaces,
street trees, and other omamentallandseaping.
(b) SignifieaFlt trees, as defined in Chapter 22 FWCC, Zoning, shall be identified, exeept for those to
be removed in areas to be impro'led or graded as shovm on the application for a land division. During
construetion of improvements and permitting of buildings, proteotion teehniques, as required iR Chapter
22 FWCC, ZoniRg, shall be used to proteet the identified trees from harm or destmetion, aRd to restore
trees damaged or lost. Signifioant trees to be preserved shall be 'lisibly marked by flagging.
(c) v,'here safe and feasible, the meandering of streets and/or sidewalks around significant trees is
eneoocaged.
(d) ,^Jl street trees and other plantings shall be installed in conf-ormanee with standard landseaping
praetiees and with appropriate city guidelines and regulations. (Ord. No. 90 <11, ~ 1(1{).360.10 1 ().360.40), 2
27 90; Ord. No. 97 291, ~ 3, 4 1 97; Ord. No. 07 554, ~ 5(Exh. .'\(2)), 5 15 07)
Ordinance No. 09-610
Page 110169
Chapter 22, Zoning
Article I, In General
22-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or
structure on that property, without any intention of transferring rights to the property or structure to
another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall
include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure.
Abandoned personal wireless service facility means a PWSF that meets the following:
(1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60
or more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support
structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of
60 or more consecutive days.
Accessory means a use, activity, structure or part of a structure which is subordinate and incidental to
the main activity or structure on the subject property.
Accessory dwelling unit (ADD) means either a freestanding detached structure or an attached part of a
structure which is subordinate and incidental to the main or primary dwelling unit located on the subject
property, providing complete, independent living facilities exclusively for one single housekeeping unit,
including permanent provisions for living, sleeping, cooking and sanitation.
(1) ADU, attached means an accessory dwelling unit that has one or more vertical and/or
horizontal walls, in common with or attached to the primary dwelling unit.
(2) ADU, detached means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
Accessory hardship dwelling unit means an attached ADU which satisfies the criteria set forth in
FWCC 22-965.
Accessory livingfacility means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, or for the business
owner/operator and that person's family.
Adjoining means property that touches or is directly across a street from the subject property. For the
purpose of height regulations, any portion of a structure which is 100 feet or more from a low density
zone is not considered to be adjoining that zone.
Adult entertainment, activity, retail, or use shall mean all ofthe following:
(1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons
therein and which excludes minors by virtue of age.
(2) Adult entertainment shall mean a cabaret, nightclub or other establishment which features go-
go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants,
who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or
other activities include or mimic "specified sexual activities" (defined below) and which establishment
excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined
in FWCC 9-71(a) and (b).
(3) Panorama and peepshow shall mean as defined in FWCC 9-7 1 (i) and (j).
Ordinance No. 09-610 Page 12 of69
(4) Adult retail shall mean a retail establishment which, for money or any other form of
consideration, either:
a. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or
provide for viewing, off the premises, any adult-oriented merchandise; or
b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade,
transfer, and/or viewing or use, off the premises, any adult-oriented merchandise.
Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in
the zone where that term is specifically listed as an allowable use and only in conformance to the
requirements as stated for that use.
Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including,
but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or
nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified
sexual activities" (defined below).
Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
Air rights means the right to, in some manner, control the use ofthe space above the surface of the
ground.
AKARTmeans "...all known, available and reasonable methods of prevention, control and treatment"
as interpreted in WAC 173-201A-020. This is a technology-based approach to limiting pollutants from
wastewater discharges, which requires both an engineering and economic judgment.
Alluvium means soil deposits transported by surface waters.
Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(1) Omni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a
360-degree radial pattern.
(2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific
directional pattern ofless than 360 degrees.
(3) Parabolic (or "dish") antenna(s) is a bowl-shaped device for the reception and/or transmission
of communications signals in a specific directional pattern.
(4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is
not directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
Antique or collectible means any article which, because of age, rarity, or historical significance, has a
monetary value greater than its original value, or which has an age recognized by the United States
government as entitling the article to an import duty less than that prescribed for contemporary
merchandise. A store or shop selling only such articles, or offering them for sale, shall be considered as a
dealership selling antiques or collectibles and not as a dealership selling secondhand merchandise.
Applicant means both of the following, depending on the content:
(1) A person who applies for any permit or approval to do anything governed by this chapter,
which person must be the owner of the subject property, the authorized agent of the owner, or the city.
(2) Any person who is engaging in an activity governed by this chapter or who is the owner of
property subject to this chapter.
Aquifer means a water-bearing porous soil or rock strata capable of yielding a significant amount of
groundwater to wells or springs.
Average building elevation (ABE) means a reference datum on a subject property from which
building height is measured. ABE is the average of the highest and lowest existing or proposed
elevations, whichever is lowest, taken at the base of the exterior walls of the structure; provided, that ABE
shall not be greater than five feet above the lowest existing or proposed elevation.
Ordinance No. 09-61 0
Page 13 of69
JiIIIoQled
8uil~ing
HeIght
l.ooIesI Ret.renoe Hghe>1
e.'olItion d3lU/n (ABE) e.>&tion
Average slope means the average grade ofland within each land area representing a distinct
topographical change.
Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining
wall or foundation.
BMPs or best management practicers) means maintenance measures and operational practices that are
considered the most effective, practical means of preventing or reducing pollution from nonpoint or point
sources. BMPs are defined by trade organizations, government agencies, and other organizations involved
in pollution prevention and environmental regUlation.
Building means a roofed structure used for or intended for human occupancy.
Building mounted signs means all of the following: wall-mounted signs, marquee signs, under
marquee signs and projecting signs.
Building segment means that portion of a terraced building on a sloping site which has a separate roof
line or finished floor elevation with a grade change of at least four feet.
Bulkhead means a wall or embankment used for retaining earth.
Business or vocational school means a post-secondary institution that offers instruction in business
principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial,
accounting, purchasing, computer programming or usage, or training in fields such as health services,
restaurant management, real estate, beautician training, or professional training or continuing education in
these or similar fields.
Cell-on-wheels (C-O-W) means a mobile temporary personal wireless service facility.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction with and within boundaries of such cemetery.
Change of use means a change of use determined to have occurred when it is found that the general
character of the operation has been modified. This determination shall include review of, but not be
limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation;
(4) General appearance;
(5) Type, extent or amount of indoor or outdoor storage; and
(6) Constituents of surface water discharge or runoff.
Church, synagogue or other place of religious worship means an establishment, the principal purpose
of which is religious worship and for which the principal building or other structure contains the
sanctuary or principal place of worship, and which establishment may include related accessory uses.
Class I home occupation means those home businesses that qualify as home occupations under this
zoning chapter, except family child care homes.
Class II home occupation means those family child care homes that qualify under FWCC 22-1069.
Clearing means the destruction and removal of vegetation bv manual. mechanical. or chemical
methods.r
Ordinance No. 09-610
Page 14 0169
College or university means a post-secondary institution for higher learning that grants associate or .
bachelor degrees and may also have research facilities and/or professional schools that grant master and
doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or
certificates of completion in business or technical fields.
Collocation means the placement and arrangement of multiple providers' antennas and equipment on
a single support structure or equipment pad area.
Commercial recreation facility means an indoor facility and use operated for profit, with private
facilities, equipment or services for recreational purposes including swimming pools, tennis courts,
playgrounds and other similar uses. The use of such an area may be limited to private membership or may
be open to the public upon the payment of a fee.
Commercial use means the uses allowed in the commercial zones and the nonindustrial uses
permitted in the commercial enterprise zone and not permitted in any other zones of the city.
Commercial vehicle means, unless exempted by FWCC 22-1176 and 22-1178, any truck over 10,000
pounds gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the
principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or
animals; or bulldozers, backhoes, cranes, and similar construction equipment.
Commercial zones means the BN, BC, CC-C and CC-F zoning districts.
Common recreational open space usable for many activities means any area available to all of the
residents of the subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
(1) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
Community recreation area or clubhouse means an area devoted to facilities and equipment for
recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and
other similar uses, which area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or geographic area.
Comprehensive plan means the ordinances of the city, as adopted and amended from time to time,
under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.
Contour line means the interconnection of points having the same height above sea level.
Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
Cottage housing development (CHD) means residential development consisting of clusters of between
four and 16 detached dwelling units, that includes cottages and may include compact single-family units
and meets the following criteria:
(1) Dwelling units are limited to a maximum square footage; and
(2) Dwelling units are grouped around a common open space; and
(3) Developments meet a set of design criteria not applicable to typical single-family
developments as stipulated in Article XII of this chapter.
Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface
infiltration. These areas are hydrogeologically susceptible to contamination and contamination loading
potential including, but not limited to, such areas as sole water source aquifer recharge areas, special
protection groundwater management areas, wellhead protection areas, and other areas with a critical
recharging effect on aquifers used for potable water.
Critical root zone shall be defined as: an area equal to 12 inches radius for every one inch of tree
diameter measured at four and one-half feet above ground.
Cross-section (drawing) means a visual representation of a vertical cut through a structure or any
other three-dimensional form.
Ordinance No. 09-610
Page 15 0169
Curb cut means the connection of a driveway with a street, which may entail a structural alteration to
the curb by lowering the height of part of the curb.
Cut means a portion of land surface or area from which earth has been removed or will be removed
by excavation. Also known as excavation.
Day care facility means the temporary, nonresidential care of persons in a residence or other structure
on a regular, recurring basis.
Dedication means the deliberate appropriation of land by its owner for public use or purpose,
reserving no other rights than those that are compatible with the full exercise and enjoyment of the public
uses or purposes to which the property has been devoted.
Deleterious substance includes, but is not limited to, chemical and microbial substances that are
classified as hazardous materials under this section, "hazardous materials," whether the substances are in
usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which
monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC.
Development activity means any work, condition or activity which requires a permit or approval
under this chapter or the city's building code.
Diameter at Breast Height (dbh) means the diameter of a tree trunk as measured at 4.5 feet above the
ground surface.
Development permit means any permit or approval under this chapter or the city's building code that
must be obtained before initiating a use or development activity.
Domestic animal means an animal which can be and is customarily kept or raised in a home or on a
farm.
Domestic violence shelters means housing for adult women or men and their dependent children, if
any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other
of the adult victim.
Dredging means removal of earth and other materials from the bottom of a body of water or
watercourse or from a wetland.
Dredging spoils means the earth and other materials removed from the bottom of a body of water or
watercourse or from a wetland by dredging.
Driveway means an area of the subject property designed to provide vehicular access to a parking
area or structure located on the subject property.
Dry land means the area of the subject property landward of the high water line.
Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes,
providing complete, independent living facilities exclusively for one family, including permanent
provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is
considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated
manufactured home established in RCW 35A.63.l45. There are the following eight types of dwelling
units:
(1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common
with or attached to one or more other dwelling units or other uses and does not have other dwelling units
or other uses above or below it.
(2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to
any other dwelling unit or other use.
(3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in
common with or attached to one or more other dwelling units or other uses and may have one or more
vertical walls in common with or adjacent to one or more other dwelling units or other uses.
(4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which are
either attached or stacked. See definition of "dwelling unit, townhouse."
(5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily.
(6) Dwelling unit, smaUlot detached, means detached residential dwelling units developed on
multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit's
sides may rest on a lot line (zero lot line) when certain site development conditions are met.
Ordinance No. 09-610
Page 160169
(7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least
two such units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant
walls.
(8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with
common (or "party") walls. Each unit is located on a lot in such a manner that one or more ofthe
dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street,
alley, or private tract) and, typically, each house is a complete entity with its own utility connections.
Although most townhouses have no side yards, they have front and rear yards. The land on which the
townhouse is built, and any yard, is owned in fee simple.
Easement means land which has specific air, surface or subsurface rights conveyed for use by
someone other than the owner of the subject property or to benefit some property other than the subject
property .
EMF means electromagnetic field, which is the field produced by the operation of equipment used in
transmitting and receiving radio frequency signals.
Equipment shelter means the structure associated with a PWSF that is used to house electronic
switching equipment, cooling system and back-up power systems.
Erosion and deposition means the removal of soils and the placement of these removed soils
elsewhere by the natural forces of wind or water.
Essential public facility is any facility or conveyance which has the following attributes:
(1) It is typically difficult to site due to unusual site requirements and/or significant public
opposition;
(2) It is a necessary component of a system, network or program which provides a public service
or good;
(3) It is owned or operated by a unit oflocal or state government, private or nonprofit
organization under contract with or receiving government funding, or private firms subject to a public
service obligation;
(4) It meets a general and/or specific category for facility types or individual facilities listed
below in Class I and Class II essential public facilities.
a. Class I: Facilities of a county, regional or state-wide nature. Those essential public
facilities intended to serve a population base that extends significantly beyond the boundaries of the city,
and which may include several local jurisdictions or a significant share of the Puget Sound regional
population. Such facilities may include, but are not limited to, the following:
1. State or regional education facilities (except minor branch facilities).
i. Research facilities;
ii. University branch campuses;
iii. Community colleges.
2. State or regional transportation facilities.
i. Light and/or standard rail lines;
ii. Commuter terminals;
iii. Transit centers;
iv. Park-and-ride lots in residential zones.
3. State or regional correctional facilities.
4. Solid waste handling facilities (large scale).
i. Transfer station;
ii. Recycling center.
5. Sewage treatment plants.
6. Power plants.
b. Class II: Facilities of a local nature. Those essential public facilities that are intended to
meet the service needs of the local community. In many cases local facilities are characterized by
Ordinance No. 09-610
Page 170f69
providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not
limited to, the following:
1. Substance abuse facilities.
2. Mental health facilities.
3. Group homes/special needs housing.
4. Local schools.
i. Elementary school;
ii. Middle school;
iii. High school.
5. Social service transitional housing.
i. Domestic violence shelter;
ii. Homeless shelter;
iii. Work-release.
Excavate or excavation means the mechanical removal of soils and/or underlying strata.
Family means an individual or two or more individuals related by not more than four degrees of
affinity or consanguinity and including persons under legal guardianship, or a group of not more than five
persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that
any limitation on the number of residents resulting from this definition shall not be applied if it prohibits
the city from making reasonable accommodations to disabled persons in order to afford such persons
equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,
42 USC 3604(f)(3)(b).
Family child care home means a business regularly providing care during part of the 24-hour day to
12 or fewer children (including the children of the day care provider) in the family abode of the person or
persons under whose direct care the children are placed.
Fastfood restaurant means an establishment which offers quick food service which is accomplished
through one or more of the following mechanisms:
(1) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating
parcels of land.
Fill means deposition of earth materials by artificial means.
Fill material means dirt, structural rock or gravel, broken concrete and similar structural substances
customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel
placed on the surface of the ground.
Finished grade means the final contour of the land surface prior to landscaping.
Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or
street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the
lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot.
Floor means the horizontal surface inside a structure designed and intended for human use and
occupancy. .
Gambling use means one ofthose gambling activities regulated by the state, e.g., "public card
rooms," which involve staking or risking something of value upon the outcome of a contest of chance or a
future contingent event not under the person's control or influence, upon an agreement or understanding
that the person or someone else will receive something of value in the event of a certain outcome.
Gambling uses include those uses regulated by the Washington State Gambling Commission with the
following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo
games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not-
for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional
contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food,
Ordinance No. 09-610
Page 18 of69
or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery
Commission.
Geologically hazardous areas means areas which because of their susceptibility to erosion,
landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial
development consistent with public health or safety concerns. Geologically hazardous areas include the
following areas:
(1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to
natural agents such as wind, rain, splash, frost action or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement
of a mass of soil or rock including, but not limited to, the following areas:
a. Any area with a combination of:
1. Slopes greater than 15 percent;
2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
3. Springs or groundwater seepage.
b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago
to the present, or which is underlain by mass wastage debris of that epoch.
c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
f. Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable
recent slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure,' settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils of low density usually in association with
a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a
vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance.
A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at
least 10 feet of vertical relief.
Glare means both of the following:
(1) The reflection of harsh, bright light.
(2) The physical effect resulting from high luminances or insufficiently shielded light sources in
the field of view.
Government facility means a use consisting of services and facilities operated by any level of
government, excluding those uses listed separately in this chapter.
Grading means altering the shape of ground surfaces to a predetermined 'condition: this includes
stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in
its cut or filled condition.
Gross floor area means the total square footage of all floors, excluding parking area, in a structure as
measured from either the interior surface of each exterior wall of the structure or, if the structure does not
have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area.
Ground floor means the floor of a structure that is closest in elevation to the finished grade along the
facade of the structure that is principally oriented to the street which provides primary access to the
subj ect property.
Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between
particles in unconsolidated deposits or along fractures in consolidated deposits.
Ordinance No. 09-610
Page 19 of69
Groundwater contamination means the presence of any substance designated by the U.S.
Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a
primary or secondary water quality parameter, in excess of the maximum allowable containment level
(MCL).
Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system.
Such groups include state-licensed group care homes or halfway homes for juveniles which provide
residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing
correction, or for those selected to participate in state-operated work release and pre-release programs.
The director of community development services shall have the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a
group home type III, and any such home shall be sited according to the regulations contained within type
III classification.
Group homes type II-A: Maximum number of 12 residents including resident staff.
Group homes type II-B: Thirteen or more residents including residential staff. Maximum number to
be determined on a case-by-case basis.
The limitation on the number of residents in a group home type II shall not be applied if it prohibits
the city from making reasonable accommodations to disabled persons in order to afford such persons
equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,
42 USC 3604(f)(3)(b).
Group homes type III means housing for adults that have been convicted of a violent crime against a
person or property, or have been convicted of a crime against a person with a sexual motivation, or have
been convicted or charged as a sexual or assaultive violent predator. These individuals are under the
jurisdiction of the criminal justice system or have entered a pre- or post-charging diversion program. Such
groups involve individuals selected to participate in state-operated work/training release and pre-release
programs or similar programs. Such category does not include full-time detention facilities.
Gymnasium means a room or building equipped for sports, which must be accessory to a school
facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium
may also be used as an auditorium to hold concerts and other performing arts.
Hardship means a current or impending health condition which requires a person to live in close
proximity to, and/or share housing with, a caregiver.
Hazard tree shall mean any tree which, in the opinion of the city or an expert approved by the city
(such as, but not limited to, a professional forester, certified arborist, or landscape architect), poses an
unreasonable risk of failure and poses a hazard to a permanent structure or high use outdoor area.
Hazardous liquid means: (a) petroleum, petroleum products, or anhydrous ammonia as those terms
are defined in 49 CFR Part 195 in effect March 1, 1998; and (b) carbon dioxide.
Hazardous materials mean any material, either singularly or in combination, that is a physical or
health hazard as defined and classified in the International Fire Code, whether the materials are in usable
or waste condition; and any material that may degrade groundwater quality when improperly stored,
handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials
shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous
waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-
303 WAC, whether the materials are in usable or waste condition. Hazardous materials shall also include
petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste
oils or sludge.
Hazardous waste means all dangerous and extremely hazardous waste, including substances
composed of radioactive and hazardous components (see Chapter 70.105 RCW).
Hazardous waste storage means the holding of dangerous waste for a temporary period (see WAC
173-303-040(85)).
Hazardous waste treatment means the physical, chemical or biological processing of dangerous
wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or
material resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97)).
Ordinance No. 09-610
Page 20 of 69
Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or
undergo any other related change.
Heavy equipment means high capacity mechanical devices for moving earth or other materials,
mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes,
drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors,
harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical
power as distinguished from manpower.
Height of structure means the vertical distance above the measured from the average building
elevation measoced around the building or building segment to the highest point of a flat roof or to the
deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a
gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of
dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the
ridge of the highest principal gable.
High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2,
RS 9.6, and comparable zones in other jurisdictions.
Home occupation means an occupation, enterprise, activity or profession which is incidental to a
residential use, which is carried on for profit or customarily carried on for profit and which is not an
otherwise permitted use in the zone in which it occurs.
Horizontal dimension means the length of the facade ofa structure as measured along a plane,
excluding eaves which extend out no more than 18 inches from the exterior walls of the structure.
Hospital means an institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal
physical or mental conditions, and including, as an integral part of the institution, related facilities such as
laboratories, outpatient facilities, extended care facilities and/or training facilities.
Hotel or motel means a single building or group of buildings containing individual sleeping units
intended for transient occupancy.
Improvement means any structure or manmade feature.
Industrial-commercial zone means the CE zoning district.
Industrial uses means those uses allowed only in the CE zone as listed in FWCC 22-861 through 22-
864.
Ingress/egress and utilities easement means privately owned land used and legally committed,
through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and
pedestrians to properties other than the property within the tract or easement. It may also provide space
for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the
public. See definition of "vehicular access easement or tract."
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14
days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is
unable to move a distance of 10 feet on level pavement under its own power.
Institutional uses mean the following uses: schools, churches, colleges, hospitals, parks,
governmental facilities and public utilities.
Invasive species include non-native species of plants or animals that out-compete native species in a
specific habitat and that cause or are likely to cause economic or environmental harm or harm to human,
animal or plant health. Invasive species include species on the noxious weed list maintained by the King
County Noxious Weed Control Board. See also Native Vegetation and Nuisance Vegetation.
Irrevocable license means a written irrevocable permission given by a property owner to the city for
specified purposes.
Issuance, when used with respect to a decision of the director of community development services or
a decision of the hearing examiner issued under this chapter, means the date that is three days after the
date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by
affidavit or by declaration under penalty of perjury.
Ordinance No. 09-610
Page 21 of69
Issuance, when used with respect to a city council decision made by ordinance or resolution while
sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris,
trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof.
Junk or junked vehicle means any vehicle substantially meeting at least two of the following
conditions:
(1) Is extensively damaged, such damage including but not limited to any of the following: a
broken window or windshield or missing wheels, tires, motor, or transmission;
(2) Is apparently inoperable;
(3) Is without a current, valid registration plate.
Junkyard means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
Kennel means an establishment, generally retail in nature, which houses, cares for, breeds, raises or
sells dogs or cats.
Land division means any process by which individual lots, parcels, or tracts are created for the
purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional
subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot
line townhouse development, and small lot detached development.
Land surface medificatien meaflS the elearing or removal of trees, shrnbs, groundeover and other
vegetation and all graaiflg, exeavation and fillif1g aeti'lities.
Landscaping means the planting, removal and maintenance of vegetation along with the movement
and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the
planting, removal and maintenance of vegetation.
Landward means toward dry land.
Linearfrontage of subject property means the frontage ofthe subject property adjacent to all open,
improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open,
improved right-of-way, "linear frontage" means the frontage of the subject property on any public access
easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-
way.
Lot means a parcel of land having fixed boundaries described by reference to a recorded plat, by
reference to metes and bounds, or by reference to section, township and range.
Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single-
family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not
be credited in calculation of minimum lot area.
Low density use means a detached dwelling unit on a subject property that contains at least five acres.
Low density zone means the following zones: SE and comparable zones in other jurisdictions.
Major stream means any stream, and the tributaries to any stream, which contains or supports, or
under normal circumstances contains or supports, resident or migratory fish. If there exists a natural
permanent blockage on the stream course which precludes the upstream movement of anadromous
salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage
shall be regulated as a major stream.
Manufactured home means a factory-built structure transportable in one or more sections which is
built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when
connected to required utilities. A manufactured home shall be built to comply with the National
Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15,
1976).
Manufacturing and production, general, means establishments engaged in the mechanical or
chemical transformation of materials or substances into new products, including the assembling of
component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or
liquors, and is typically carried on for the wholesale market.
Ordinance No. 09-610
Page 22 of 69
Manufacturing and production, limited, means retail establishments engaged in the small-scale
manufacture, production, and on-site sales of custom goods and products. This classification includes
uses such as ceramic studios; candle-making shops; custom jewelry manufacturing; woodworking and
cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; or
dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such
as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as
caterers, bakeries, candy stores, microbreweries, and beverage bottlers. These uses are distinguished from
"manufacturing and production, general" by a predominant use of hand tools or domestic mechanical
equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no
outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance
that is in scale with the overall building and oriented to the right-of-way.
Maximum lot coverage means the maximum percentage of the surface of the subject property that
may be covered with materials which will not allow for the percolation of water into the underlying soils.
See FWCC 22-955 et seq. for further details.
Mean sea level means the level ofPuget Sound at zero tide as established by the U.S. Army Corps of
Engineers.
Medium density zones mean the following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
Microcell means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
Minor facility means a wireless communication facility consisting of up to three antennas, each of
which is either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length;
and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet
in floor area.
Minor stream means any stream that does not meet the definition of "major stream."
Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
Multiuse complex means all of the following: a group of separate buildings operating under a
common name or management; or a single building containing multiple uses where there are specific
exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that
request treatment as a multiuse complex.
Native vegetation includes native, undisturbed areas or rehabilitation of previously disturbed areas
that consist of trees, plants, forest litter. and understory indigenous to the Pacific Northwest or near
natives that are suitable for the Pacific Northwest climate. Invasive species, such as Himalayan
Blackberry or Scotch Broom are not native species.
Natural features mean physical characteristics of the subject property that are not manmade.
Natural materials mean materials chemically unaltered from their natural state.
Noise means the intensity, duration and character of sound from any and all sources.
Nonconformance means any use, structure, lot, condition, activity or any other feature or element of
private or public property or the use or utilization of private or public property that does not conform to
any of the provisions ofthis chapter or that was not approved by the city of Federal Way through the
appropriate decision-making process required under this chapter.
Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which
water can freely percolate to the soil beneath.
Normal maintenance includes interior and exterior repairs and incidental alterations. Normal
maintenance and repair may include, but is not limited to, painting, roof repair and replacement,
plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization.
Incidental alterations may include construction of nonbearing walls or partitions.
Ordinance No. 09-610
Page 23 of 69
Nuisance vegetation shall mean any tree or vegetation that, in the opinion of the city or an expert
approved by the city (such as, but not limited to a professional forester, certified arborist, or landscape
architect), is an invasive variety, is an allergen, or due to its location is causing or is likely to cause
damage to a permanent structure, or other economic or environmental harm or harm to human, animal. or
plant health that cannot be mitigated without removal of the tree or vegetation.
Nursing home. See "Convalescent center."
Occupant means a person that legally occupies a structure or property.
Odor means stimulus affecting the olfactory nerves.
Office use means a place of employment providing services other than production, distribution, sale
or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or
other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar
professional services; management, administrative, secretarial, marketing, advertising, personnel or other
similar personnel services; sales offices where no inventories or goods are available on the premises; real
estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses
are specifically excluded from the definition of office: banks, savings and loan companies and similar
financial institutions.
Office zones mean the PO, OP and CP-l zoning districts.
Official notification boards of the city means the bulletin boards in the public areas of City Hall and
other public locations as designated by city council.
On-site hazardous waste treatment andstoragefacilities means facilities which treat and store
hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel
between two properties divided by a public right-of-way, and owned, operated or controlled by the same
person, shall be considered on-site travel if:
(1) The travel crosses the right-of-way at a perpendicular intersection; or
(2) The right-of-way is controlled by the property owner and is inaccessible to the public (see
WAC 173-303-040(39)).
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of evidence and information, under procedures prescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Open space means land not covered by buildings, roadways, parking areas or other surfaces through
which water cannot percolate into the underlying soils.
Open space, private, means common open space, the use of which is normally limited to the
occupants of a single dwelling or building or property.
Open space, public, means open space owned by a public agency and maintained by it for the use and
enjoyment of the general public.
Ordinary high water mark means, on lakes, streams and tidal waters, that mark that will be found by
examining the bed, banks or shore and ascertaining where the presence and action of waters are so
common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character
distinct from that of the abutting uplands; provided, that any tidal area where the ordinary high water
mark cannot be found based on the previous text of this definition, the ordinary high water mark shall be
the line of mean high tide.
Outdoor means not contained within a building.
Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and not enclosed within a building.
Owner means, in reference to real property, the person or persons holding fee title to the property as
well as the purchaser or purchasers under any real estate contract involving the real property.
Panhandle lot means flag lot.
Parking area means any area designed and/or used for parking vehicles.
Parking space means an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use.
Ordinance No. 09-610
Page 24 of 69
Person means any individual, partnership, association, corporation, unit of government or any other
legal entity.
Personal wireless servicefacility (PWSF) means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or reception ofradio frequency signals, and which
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
Personal wireless services means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defmed by federal laws and regulations.
Preapplication conference means a meeting, between an applicant and members of the development
review committee, which is held prior to formal application, during which the project is discussed relative
to city and other pertinent codes and/or regulations.
Primary dwelling unit means the main structure located on the subject property which is
distinguishable from any accessory dwelling unit because it is greater in total square footage.
Primary vehicular access means the street, vehicular access easement, or private tract from which the
majority of vehicles enter the subject property.
Principal use means the primary or predominant use of any lot or parcel.
Private club means an association of persons organized for some common purpose, but not including
groups organized primarily to sell merchandise or render a service which is customarily carried on as a
business.
Property line means those lines enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adjacent to a primary vehicular access. If
the subject property is adjacent to more than one primary vehicular access, the applicant shall designate
which of the adj acent property lines is the front property line and the remainder of such adj acent property
lines will be considered as either a rear property line or side property line, based on the definition in this
section, except the property line adjacent to an arterial or primary collector shall not be designated as a
primary vehicular access.
(2) For flag lots, the yard setbacks shall be applied per the following graphic:
Driveway
for Lot 21
Access
Easement
for Lot 1
Or
-~'!'.( ---.,.
Lot 2
H
Fa"!'
20' V '-------S-.-II'----------'
..---_I'!....I'-..---....--.
Lot 1
Driveway
for Lot 2
Not an arterial
or priiidpaicoileclor
Driveway
for Lot 3
and Access
Easement
for Lot 2
...B.'!!,If.....
-------------------;
, .
Lot 1 ~
I'
Ordinance No. 09-610
Not an arterial
o-r principal collecfor
Flag Lot Setbacks
.............._.I'l.:"J'
<(:::.::.) ~
Fa'?, ,
20',), ,.
Driveway for Lot 2 Arterial or
~~dL~f~sS Easement - p-rincfpa( coiiector
Lol3
Lot 2 ~
F_20'
Page 25 of 69
F = Front Yard
S = Side Yard
R = Rear Yard
(3) The rear property line is any property line that is farthest from, and essentially parallel to, the
front property line.
(4) The side property line is any property line other than a front property line or a rear property
line.
Public park means a natural or landscaped area, provided by a unit of government, to meet the active
or passive recreational needs of people.
Public utility means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such services
shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and freight. The term also includes broadcast towers, antennas and related
facilities operated on a commercial basis.
Public works director means the director of the department of public works of the city.
Qualified groundwater scientist means a hydro geologist or engineer who meets the following criteria:
(1) Has received a baccalaureate or post-graduate degree in earth science or engineering; and
(2) Has sufficient education and experience in geology and hydrogeology as may be
demonstrated by state registration, professional certifications, or licensing that enable that individual to
make sound professional judgments regarding groundwater and groundwater vulnerability.
Regulated lakes means Wetlands Nos. 8-21-4-26, 7-21-4-71, 11-21-3-9, 14-21-3-2, 14-21-3-5, 13-21-
3-12,9-21-4-38, 17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, city of Federal
Way final wetland inventory report, except vegetated areas meeting the definition of "regulated wetland"
located around the margins of regulated lakes shall be considered regulated wetlands.
Regulated wetlands. See the definition of "regulated wetlands" under the definition of "wetlands."
Relative means persons connected through blood, marriage or other legal relationships by not more
than four degrees or affinity or consanguinity and including persons under legal guardianship.
Required yard means the area adj acent to and interior from a property line or the ordinary high water
mark (OHWM) of a lot, and is the minimum required distance between a structure and a specific line,
such as a property line, edge of private tract, or vehicular access easement that is required to remain free
of structures. If two or more required yards are coincidental, the area will be considered the required yard
with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are
categorized as follows:
(1) Front. That portion of a lot adj acent to and parallel with the front property lines and at a
distance therefrom equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required rear yard depth.
(3) Ordinary high water line yard. That portion of a lot adjacent to and parallel with the OHWM
and at a distance landward therefrom established in this chapter.
(4) Side. That portion of a lot adjacent to and parallel with each side property line and at a
distance therefrom equal to the required side yard depth. All required yards not otherwise categorized
shall be designated side yards.
Residential use means developments and occupancy in which persons sleep and prepare food, other
than developments used for transient occupancy. .
Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6,
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared
food or beverages and generally for consumption on the premises.
Retail establishment means a commercial enterprise which provides goods and/or services directly to
the consumer, where such goods are available for immediate purchase and removal from the premises by
the purchaser.
Ordinance No. 09-610
Page 26 of 69
Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general
public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale
of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a
warehouse setting and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is
differentiated from general retail by any of the following characteristics:
(1) Items for sale include large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may
also include a variety of carry out goods, e.g., groceries, household, and personal care products;
(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling
warehouse areas, high-rack displays, and/or outdoor storage areas; and
(3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor
pick-up area, and high parking-to-building ratios.
Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size of
items purchased and sales volume. General and specialty retail includes the sale of smaller items such as
groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not
a discount or volume warehouse store. Typical user is the general public.
Retail sales, secondhand merchandise means an individual or establishment that sells secondhand
merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances;
thrift stores; consignment stores; and flea markets. This definition does not include the sale of antiques or
collectibles as defined in this article.
Retail shopping center, regional means a series of unified commercial establishments that provide
retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to
a state or federal highway, with shared parking facilities, with a combined gross floor area of at least
500,000 square feet, and with all or some of the stores configured with an inward orientation and
connected with common interior walkway(s).
Right-of-way means land dedicated or conveyed to the public or a unit of government, the primary
purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent
parcels, with the secondary purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Right-of- way realignment means the changing of the horizontal position of the improvements in a
right-of-way.
Roofline means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard,
the top of the roof or mansard.
Runoff means the overland or subsurface flow of water.
Schools means institutions oflearning, excluding those offering post-secondary education, offering
instruction in the several branches of learning and study required by the Basic Education Code of the
State of Washington to be taught in public, private and parochial schools, including those disciplines
considered vocational, business-related, or trade in nature.
Self-service storage facilities means a structure or group of structures for the storage of personal
property where individual stalls or lockers are rented out to different tenants for storage.
Shared access points means a common point of vehicle access from a street to more than one lot or
use.
SignificEll'lt natblr-al }'cgctatien means any area containing a eoneentration of significant trees; any area
of significant biologieal importanee; and any area eontaining Boose, mature, native vegetation.
Significant trecs. 1'1 "significant tree" shall be defined as:
(1) T'lfelve inehes in diameter or 37 inehes in eircumferenee measured fooc and one half feet
aboye ground; and
(2) In good health; and
(3) Not detrimemal to the eOl'l.'li'Runity (e.g., is not diseased, dying, or likely of falling into publie
open spaee or right of 'Nay, ete. as determined by a licensed arborist or f-erester) or obseocing saf-e sight
distance requirements. SignifieaRt trees shall not include red alder, cotteR'lleed, floplar or big leaf maple.
Ordinance No. 09-610
Page 27 of 69
Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and
deposition.
Single housekeeping unit means an individual or two or more individuals related by not more than
four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of
not more than three persons who are not related by four or fewer degrees of affinity or consanguinity;
provided, however, that any limitation on the number of residents resulting from this definition shall not
be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to
afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988,42 USC 3604(f)(3)(b).
Single-use building means a building which contains one use.
Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.),
foxes, bobcats and similar small wild animals.
Social service transitional housing means facilities other than offices and group homes as defined in
this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing
temporary and transitional housing to individuals on an as-needed basis including, but not limited to,
emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification
includes domestic violence shelters as defined herein, except that such shelters wherein the total number
of residents does not exceed the maximum number allowed under the "family" definition may be
permitted outright in all residential zones.
(1) Type A: Maximum number of residents to be consistent with the maximum number of
unrelated adults allowed under the zoning definition of family.
(2) Type B: All social service transitional housing not meeting the definition of "Type A," above.
Maximum number to be determined on a case-by-case basis.
The limitation on the number of residents in social service transitional housing shall not be applied if
it prohibits the city from making reasonable accommodations to disabled persons in order to afford such
persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act
of 1988, 42 USC 3604(f)(3)(b).
Special needs housing means housing not specifically defined by this chapter, and which will be
processed under the classification most closely related to the proposed use, as determined by the director
of community development services.
Specified anatomical areas shall mean the following:
(1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or
female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities shall mean any of the following:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts,
whether or not clothed, of oneself or of one person by another; or
(4) Excretory functions as part of or in connection with any of the activities set forth in this
definition.
State Environmental Policy Act means Chapter 43.21 C RCW.
Ordinance No. 09-610
Page 28 of 69
Storm drainage means the movement of water, due to precipitation, either surftcially or
subsurficially.
Story means the area of a structure between the floor and the horizontal supporting members of the
ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area
between that floor and the ceiling directly above is not a story.
Stream means a course or route, formed by nature, including those which have been modified by
humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its
length, along which surface waters naturally and normally flow in draining from higher to lower
elevations. A stream need not contain water year-round. In a developing setting, streams may run in
culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is
not meant to include irrigation ditches, stormwater facilities or other artificial watercourses unless they
are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural
streams which existed prior to construction of the watercourse.
Street means both of the following:
(1) A public right-of-way.
(2) A vehicular access easement or tract.
Street providing direct vehicle access means the street from which a vehicle can enter the subject
property without traversing another street or piece of property. In the case of a multiuse complex, the
street providing direct vehicular access is the exterior street that borders the complex and not an internal
street surrounded by the complex.
Structural alteration means any change in the supporting member of a building or structure.
Structure means anything which is built or constructed, an edifice or building of any kind or any
piece of work artificially built up or composed of parts joined together in some definite manner.
Structured parking means parking provided on more than one level and within a structure, either
above- or below-grade. Structured parking shall not include a surface parking lot.
Subject property means the entire lot or parcel, or series of lots or parcels, on which a development,
activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter
is or will occur or take place.
Support structure means any built structure, including any guy wires and anchors, to which an
antenna and other necessary associated hardware is mounted. Support structures may include the
following:
(1) Lattice tower. A support structure which consists of a network of crossed metal braces,
forming a tower which is usually triangular or square in cross-section.
(2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect
by the use of guy wires and anchors.
(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the
ground and/or attached to a concrete pad.
(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with
certain conditions.
Temporary personal wireless servicefacility means a personal wireless service facility which is to be
placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a
permanent foundation.
Tenant improvement means any work, improvement or remodeling completely within the interior of a
building necessary to meet the varied requirements of continuing or succeeding tenants.
Threshold determination means the decision by the responsible official (the community development
services director) whether or not an environmental impact statement (EIS) is required for projects that are
not categorically exempt under the State Environmental Policy Act (SEP A).
Topping means a pruning cut to the main stem of a mature tree. Such cuts can result in serious decay
and/or forcing out growth ofweaklv attached upright S?routs below the cut. Topping also results in
permanent alteration of tree architecture. For purposes of this chapter, topping shall be treated the same as
tree removal.
Ordinance No. 09-610
Page 29 of 69
Topsoil means the uppermost strata of soil containing a large percentage of organic materials and
which is capable of providing suitable nourishment for vegetation.
Townhouse means a type of attached multifamily dwelling in a row of at least two such units in which
each unit has its own front and rear access to the outside, no unit is located over another unit, and each
unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition
of "dwelling unit, townhouse."
Trade school means a post-secondary institution that trains persons for qualification in specific trades
or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics
repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending.
Traffic control devices means signs, signals, stripes and other mechanical or graphic items which
control the flow, direction or speed of vehicular and pedestrian traffic.
Tree means any self-supporting perennial woody plant characterized by one main stem or trunk of at
least six inches in diameter measured four and one-half feet above ground, or a multi-stemmed trunk
system with a definite crown, maturing at a height of a least 20 feet above ground level.
Trees-Deciduous means trees that shed or lose their foliage at the end of the growing season.
Trees-Evergreen means trees that retain their leaves for more than one growing season.
Tree unit is a measurement to give value to the number of trees retained on a site. Table 22-XX18.2
assigns tree unit credits based upon the size of the existing or newlv planted trees. For new trees, tree
units vary depending on the size that the trees will reach at maturity (smaller size at maturity, fewer tree
unit credits).
Use means the nature of the activities taking place on private property or within structures thereon.
Each separate listing under the "Use" column in FWCC 22-596 through 22-906 is a separate use.
Vehicle service station means a commercial use supplying petroleum products that are for immediate
use in a vehicle.
Vehicle storage area means an outside area which is used for the storage and/or display of operational
vehicles.
Vehicular access easement or tract means privately owned land used and legally committed, through
easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to
properties other than the property within the tract or easement. It may also provide space for utility lines
and appurtenances and other devices and facilities benefiting nearby properties or the public. See
definition of "ingress/egress and utilities easement."
Waterward means toward the body of water.
Well means a hole or shaft sunk into the earth to tap an underground supply of water.
Wellfield means an area containing two or more wells with overlapping zones of contribution that
supply a public water system.
Wellhead means the top of the shaft of a well or similar water extraction facility from which potable
water is extracted.
Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well.
Capture zones are usually defined according to the time that it takes for water within a particular zone to
travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of
assumptions required to conduct the calculation.
Wellhead protection area (WHP A) means the surface and subsurface area surrounding a well or
wellfield that supplies a public water system through which contaminants are likely to pass and eventually
reach the water welles) as designated under the Federal Clean Water Act.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999, or
as subsequently amended, will be used for identification and delineation of wetlands within the city.
Ordinance No. 09-610
Page 30 of 69
Although a site-specific wetland may not meet the criteria described above, it will be considered a
regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated wetlands means:
(1) Those wetlands, as described below, which fall into one or more of the following categories:
a. Category I wetlands meet one of the following criteria:
1. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptional local significance including but not limited to estuarine systems, peat
bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique
educational sites; or
3. Have three or more wetland classes, one of which is open water.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, and meet one of the following criteria:
1. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
2. Are greater than one acre in size in its entirety; or
3. Are less than or equal to one acre in size in its entirety and have two or more wetland
classes, with neither class dominated by non-native invasive species.
c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(2) See definition of "regulated lakes."
Wholesale trade means a commercial establishment which sells to retail establishments.
Zero lot line means the location of a building in such a manner that one or more of the building's
sides rest directly on a lot line.
Zones mean use zones as described in FWCC 22-596 through 22-906.
Zoning map means the series of maps adopted by the city, and designated the official zoning map of
the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43,
~ 2(3.10), 2-27-90; Ord. No. 90-51, ~~ 1,2,3-27-90; Ord. No. 91-87, ~~ 2 -4,2-5-91; Ord. No. 91-92, ~ 4, 4-16-91;
Ord. No. 91-100, ~ 4, 6-4-91; Ord. No. 91-105, ~ 3, 8-20-91; Ord. No. 91-113, ~ 3,12-3-91; Ord. No. 94-223 ~
3(A), 10-18-94; Ord. No. 95-245, ~ 3(A), 11-21-95; Ord. No. 96-269, ~ 3, 6-18-96; Ord. No. 96-270, ~ 3(A), 7-2-96;
Ord. No. 97-295, ~ 3, 5-20-97; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 97-296, ~ 3, 6-17-97; Ord. No. 97-300, ~ 3,
9-16-97; Ord. No. 97-307, ~ 3,12-16-97; Ord. No. 99-337, ~ 2, 3-2-99; Ord. No. 99-347, ~ 3, 8-3-99; Ord. No. 99-
348, ~ 2, 9-7-99; Ord. No. 99-353, ~ 3,11-16-99; Ord. No. 99-357, ~ 3,12-7-99; Ord. No. 00-363, ~ 2,1-4-00; Ord.
No. 01-385, ~ 3,4-3-01; Ord. No. 02-424, ~ 3, 9-17-02; Ord. No. 03-443, ~ 3, 5-20-03; Ord. No. 04-457, ~ 3,2-3-
04; Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 05-506, ~ 3, 10-18-05; Ord. No. 06-515, ~ 3, 2-7-06; Ord. No. 06-533,
~ 5(Exh. A), 9-19-06; Ord. No. 07-545, ~ 3(Exh. A), 1-2-07; Ord. No. 07-554, ~ 5(Exh. A(3)), 5-15-07; Ord. No.
07-559, ~ 3(Exh. A), 7-3-07)
22-33 Development application submittal requirements.
(a) Generally. All projects which require a determination to be made as to whether a complete
application has been submitted must at the minimum provide the information contained within this
section. The submittal requirements are not intended to determine if an application conforms to city of
Federal Way codes. They are used only to determine if all required materials have been submitted. A
code-related review will occur after a complete application has been submitted.
(b) Contents. The following comprise the contents of a complete application for the purposes of this
section:
(1) Master land use application.
(2) Application fees as set out in the adopted fee ordinance.
(3) Copy of underlying plat or King County assessor's parcel map.
Ordinance No. 09-610
Page 31 of69
(4) Statement of architectural design intent, finish materials, and colors sufficient to meet the
intent of Article XIX, Community Design Guidelines.
(5) Vicinity map.
(6) Current letters of water and sewer availability (only required for vacant property).
(7) Two copies of current title report for subject property.
(8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic
survey, site plan, preliminary drainage and grading plan pursuant to FWCC 22-XXX4, preliminary tree/
vegetation retention plan pursuant to FWCC 22-XXX4; preliminary landscape plan, and building
elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by-
36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed
requirements for the contents of each of these plans is available at the department of community
development services.
a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet
and allow all information to be readable. All plans except building elevation drawings must be at the same
scale.
b. Design drawings for building permits, including civil drawings, must be at an engineering
scale of one inch represents 20 feet.
c. If the development proposal has a value of $75,000 or greater, the site survey, site plan,
preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a
certified professional licensed in the state of Washington. The survey shall be prepared by a certified land
surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified
architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a
Washington State licensed landscape architect.
(9) Site photographs from each compass point (north, east, south, and west) must be referenced
on the site plan.
(10) Eight copies of the completed, signed, and dated SEPA checklist.
(11) List of addresses of all property owners within 300 feet of the boundary of the proposed
project (please refer to the city's bulletin titled "Proeedures for Obtaining Mailing Labels").
(12) Stamped envelopes addressed to all property owners within 300 feet of the boundary ofthe
proposed project, with return address of the City of Federal Way, Department of Community
Development Services, 33530 First Way South, Federal ''''lay, W/... 98003 (please refer to specific process,
whether process III, IV, or V for the number of sets of envelopes to be provided).
(13) Four copies of each special study that may be required (please contact the department of
community development services to determine which studies are required for a specific project). Below
are special studies that may be necessary with the site plan application. If special studies are required,
please provide four copies.
a. Level one downstream storm drainage analysis as described in the 1990 King County
Surface Water Design Manual (KCSWDM) as amended by Federal Way.
b. Detailed narrative on the relevance ofthe core and special requirements of the 1990
KCSWDM.
c. Traffic impact analysis.
d. Parking study.
e. Soil study.
f. Geotechnical study.
g. Wetland delineation and/or wetland mitigation plan.
h. Stream delineation.
i. Significant tree inventory and retention plan.
(14) Any additional information or material that the director of community development services
determines is reasonably necessary for a decision on the matter. (Old. No. 97-291, S 3, 4-1-97)
Ordinance No. 09-610
Page 32 of 69
Article XIII, Division 1, Supplementary District Regulations
22 962 Planting requirements fer eertain trees.
(a) The following types of trees may not be planted eleser than the listed minimlifl'l fllantillg distanee
to rights ef '.Yay or sewers:
- +Fees Minmll:lm PlantiBg DistaBee
fB Ailathus altisima (Tree ofHeav6a) W
~ Gatalpa W
~ Cottonwaad 4()!
~ Juglamus aigra (Blaek Walmlt) W
~ Platanus (PlaBe, Syeamore) 4()!
W Papu-IDs (Poplars) 4()!
pj Salix (Willa'.'Is) W
f8j Tilia amerieana (Bass'.vood) W
(9f Ulmus (Elm) 4()!
(b) In addition to any other enforeement meehanism or penalty eontained within or authorized by this
ehapter, any person violating this proyision is responsible for any damage 6&1:lSea by the tree or trees.
(ard. Na. 90 43, ~ 2(115.110),22790)
Article XIII, Division 7. [FWRC Chapter 19.120] LaRd l\fodifieatioRs Clearini!~ Gradini!~ and
Tree and Ve2etation Retention
22 1991 CeBeral provisions.
(a) General. The applieant shall eomply ','/ith this section with respeet te all land surfaee
modifications. The requirements efChapter 22 F\VCC, Article x..TV, Critieal.:\l'eas, shall govern fer fill
oe6arrmg in eritical aquifer reeharge areas and wellhead protection areas.
(b) Nature of fill materials. All materials used as fill must be nondissolving and BeBdoeomposing. Fill
materials must not contain organie or inorganic material that would be detrimental to water quality or
existing habitat or ei"eato any other significant adverse impaets to the enviroBmeflt. (ard. No. 90 43, ~
2(115.75(1), (2)), 22790; an!. Na. 90 77, ~ 3(115.75(1), (2)),12 11 90; ard. Na. 04 HiS, ~ 3,11 1601)
22 1992 Bonds.
The eity may require the follO\ving bonds f-or any land socfaee modificatiofl aflproved by or under this
division:
(1) A performanee bond te guarantee that the land socface modifieation ,.....ill conform to eity
standards and requirements.
(2) L\ maintonanee bend for the stability of the "york and the preservation of vegetation. (ard. Na.
90 13, ~ 2(115.75(5)),2 27 90; ard. No. 90 77, ~ 3(115.75(5)), 12 11 90; Ord. No. 04 468, ~ 3, 11 16 04)
22 1993 Permitted outright.
}~ land surface modifis8:tion is permitted only if it:
(1) Has been approved as part of a valid development permit (eJleept grading permits issued
Wlder ehapter 70 of the eity's building code), subdivision, or substaHtial de'lelopment flermit;
(2) Is f-er cemetery graves;
Ordinance No. 09-610
Page 33 of 69
(3) Is in a right of way afld authori:i3ed in writing by the direetor of the department of pub lie
~
,
(1) Is for mining, quarrying, exoavating, proeessing, stoekpiling of roek, sand, gravel, aggregate
or elay where a permit has Been issued by the state department of natural resoocees;
(5) Is for cmploratory exea'rations under the direetion of a }3fefessional e1'1gineer liceBsed iB the
state; pre'lided, that the extent of the laBd surface modifiea-tioo does Bet e1l.ceea the FBiBiml:l:fFl Becessary te
obtain the desired informatien;
(6) Is for normal maintenaBee and repair of the faeilities of a cemmen earner by rail in interstate
oommerce within its existing right ef way;
(7) Is for e1l.eavations for utility serviee connections to serve existing and/or new struetures and is
outside any area that is within the jurisdietien efFWCC 22 1221 et seq.;
(8) Is for actions which must be lffidertaken immediately, or within a time too short to allow for
eompliance with the permit requiremeBts of FWCC 22 1094, to a'/{)id an imminent tlH-eat to publie health
or safety; to prevent an imminent danger te flublic or private property; or to prevent an imminent tlH-eat ef
serious environmental degradation. This determination '.!{ill be made by the direetor of eomrnunity
development;
(9) Is for the remo'/al of overhaflging '/egetation and fire hazards or for remo'/al of blackberry
'lines or dead, dangerous or diseased trees 'Nhen authorized by the building official;
(10) Is for placement ef fill on land o\Vfled er controlled by the eity;
(11) Is an integral part of an ongoing agrie1:lltocal or hortieultural use e1'1 the subjeet property;
(12) Is eonducted on preflerty whieh eoBtains a detached Gwelliflg 1:lflit and whieh, beeause of the
size ef the property or the location of the G'Nelling unit, cannot be further subdivided or divided; or
(13) Complies with all of the f-ollovling eriteria:
a. The subject property centains a permanent building or an aetive use.
b. The land sHfface modifieatieB will not ehange the points where the stormwater or
grotHldwater eftters or exits the subject property; and will not ehange the (;}1:lality, (;}Uantity, or veloeity of
stormwater or groundwater.
e. The land socfaee modification is outside any area that is within the jocisdietion of FV1CC
22 1221 etseq.
d. In anyone year period, not more than 100 cubie yards of fill material is depesited eB,
em.eavated and remo'/ed from or moved from plaee to place on the subjeet property. If the subjeet property
is larger than one aer~, the limit is 100 eubie yards 'Nithin eaeh acre.
e. No trees defined as signifieant trees will be remo'led and no vegetation ';>lill be removed if
that 'legetation was required to be retained by or through any development permit issued tHlder this
ohapter or any prior zoning eode.
f. If the subjeet property is two aeres or larger and has 20 percent or mere of its ar~a eovered
with native vegetation, the land socfaee modification '.vill not remove more than 20 percent of that native
vegetation. The limitations of this subseetion apply to all land socface modification on the subjeet
property over time.
g. The land surface medification will not result in more than a two foot inerease or one foot
deerease in the a'.'erage elevation of the subject property, eomputed using the ele\'iltion of the midpoint of
eaeh property line. (Ord. Nfl. 90 13, ~ 2 (115.75(3)), 2 27 90; Ord. No. 90 77, ~ 3 (115.75(3)), 12 11 90; Ord. No.
01 168, ~ 3, 11 Hi 01)
22 1094 Diseretionary approval.
(a) GeFlerally. A land socfaee modification that does not meet the requirements ofFWCC 22 1093
may be approved through proeess III.
(b) Required inf-ormation. In addition to the applieation material required in proeess III, P'NCC 22
386 et seq., the applicant must sub1'l'lit the following:
(1) ,^.. reeent survey of the subject property.
Ordinance No. 09-61 0
Page 34 of 69
(2) .\ map shov.ing the limits ef the proposed land socfaee modifieation; the loeation ef Htilities,
easements, right of v.ay improvemeFlts and any area reg\:llated l;ffi:der FWCC 22 1221 et sel'J.. that is eFl er
within 100 feet of any area to be distocbed by the flroposed land surface modifieation.
(3) .^.. tree retentieFl plan.
(1) .^Jl erosion eontrol/eeFlstruction phase storm-water sontrol plan.
(5) .^.. soils report vlhieh eontains s1:1ffieient inf{)fl11ation to determine the potential impacts of the
proposed land surface modifisatien, as 'llell as flroposed measures to reduee or eliminate these impaets,
all as determined by the city.
(e) Deeisional eriteria. The eity may approve the proposed land surfaee modifieation if it eomplies
'llith the fello',ving eriteria:
(1) Exeept as allowed under this ehapter, it will not alter or adversely affect streams, lak-es,
Y/etlands er significant trees, either en er off the subjeet property.
(2) It 'lIill not 'liola-te any eXflress policy of the city.
(3) It meets at least eRe of the felle':l4Hg eriteria:
a. It is neeessary to eorreet an erosion or drainage problem on an undeveloped site.
b. It is neeessary to erea-te new utility or aceess eorridors.
c. Other unusualeireumstances exist whish make it reasonable to permit land surface
modifieation in advanee ef the issuaRee ef a development permit, subdiyision or short subdivision
approval or shoreline substantial development permit. (Ord. No. 90 13, ~ 2(115.75(1)),22790; Ord. Ne. 90
77, ~ 3(115.75(1)), 12 11 90; Ord. No. 00 375, ~ 23,2000; Ord. No. 01 168, ~ 3, 11 16 01)
22 1095 Tree and plant restoration.
If, duriRg the land surfaee modifieatiOfl., any tree required to be retained or planted is damaged er
destroyed, the applicant shall plant a tree of the same species at least fi'/e inches iR diameter, as measl:lfed
six ineRes about the tep of the root ball if deeiduous and at least 17 feet high if eoniferous, in the
irmnediate vieinity of the damaged or destreyeG tree. The eity may require the applieant te remove the
damaged er destroyed tree. In additieR, if the land surfase modifieation destroys groundeo'.er or
shrubbery, the applieant shall hydro seed the bare soil and plant slH-ubs at least 21 inshes in height in the
irmnediate vieinity of the damaged or destreyed '/egetation. (Ord. No. 90 13, ~ 2(115.75(5)),22790; CHd.
No. 90 77, ~ 3(115.75(5)), 12 11 90; Ord. Ne. 01 168, ~ 3, 11 16 01)
Division 1. Purpose. Applicability. and Application Requirements
22-XXXl Purpose.
The purpose of this Article is:
(1) To promote the public health, safety, and welfare ofthe citizens of Federal Way without
preventing the reasonable development of land.
(2) To promote building and site planning practices that are consistent with natural topographv, soils,
and vegetative features, and minimize disturbance to vegetation and soils.
(3) To preserve and enhance the city of Federal Way's physical and aesthetic character bv preventing
untimely and indiscriminate removal or destruction of trees and vegetation and preserving important
landscape characteristics that define aesthetic character, such as trees, important vegetation species. and
unique landforms or other natural features to the maximum extent lJossible.
(4) To establish and maintain the urban tree canopy and its benefits including:
i. Moderating the effects of wind and temperature:
ii. Minimizing the impacts of impervious surfaces:
iii. Stabilizing and enriching the soil:
iv. Improving air quality:
v. Improving water quality:
vi. Masking unwanted sound:
Ordinance No. 09-610
Page 35 of 69
vii. Providing visual relief and screening buffers;
viii. Providing recreational benefits:
ix. Enhancing the economic value of developments; and
x. Preserving and enhancing a valuable asset to the community as a whole.
(5) To encourage site development. including: clearing, excavation, and filling, in such a manner as to
minimize hazards to life, health, and property.
(6) To minimize surface water and ground water run-off and diversion which mav contribute to
increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies.
(7) To minimize the need for additional storm drainage facilities.
(8) To protect fish, wildlife, and their habitats by promoting the retention and restoration of
vegetation in habitat areas.
(9) To insure prompt development. restoration, replanting, and effective erosion control ofpropertv
after land clearing and grading.
22-XXX2 Applicabilitv.
(a) This article shall not apply to development proposals that submitted a complete application prior
to the effective date of Ordinance 09-XXX.
(b) Clearing and Grading Plan Approval Required. No person, shall remove any trees, make changes
or cause changes to be made in the surface of any land bv clearing, grading, filling, or drainage alteration
in the city of Federal Way without first obtaining approval of a clearing and grading plan bv the director;
except for those activities that are exempt as described in FWCC 22-XXX3.
(c) Tree and Vegetation Retention Plan Approval Required. No person shall remove any trees on a
site without first obtaining approval of a tree retention plan by the director; except for those activities that
are exempt as described in FWCC 22-XXX3.
(d) Application Review Process
(1 ) Activities requiring clearing and grading plan approval; tree and vegetation retention plan
approval: and/or Class IV-General forest practices application shall be reviewed and approved in .
coni unction with the underlying building or land develo~ment permit application associated with the
proposed activity(ies).
(2) Proposed clearing, grading, and/or tree and vegetation removal activities that are not
associated with a proposed building or land development activity, nor exempt per FWCC 22-XXX3, may
be approved through Process III, subiect to the following criteria:
(i) Exce~t as allowed under this chapter, it will not alter or adversely affect streams, lakes.
wetlands, or geologically hazardous areas, either on or off the subject property.
(ii) It will not violate any express policy of the city.
(iii) It meets at least one of the following criteria:
a. It is necessary to correct an erosion or drainage problem on an undeveloped site.
b. It is necessary to create new utility or access corridors.
c. Other unusual circumstances exist which make it reasonable to permit clearing, grading.
and/or tree and vegetation removal in advance of the issuance of a development permit. subdivision. or
short subdivision approval. or shoreline substantial development permit.
22-XXX3 Exemptions.
Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or
other vegetation within sensitive areas or sensitive area buffers where prohibited under FWCC Chapter
22, Article XIV, Critical Areas, or in designated native growth protection areas. The following actions
shall be exempt from the provisions ofthis article:
(1) Digging and filling for cemetery graves.
(2) Clearing and grading in a right-of-way authorized in writing by the director of the department
of public works for pothole and square cut patching; overlaying existing asphalt or concrete pavement
with asphalt or concrete without expanding the area of coverage; shoulder grading; reshaping/regrading
Ordinance No. 09-610
Page 36 of 69
drainage systems; crack sealing; resurfacing with in-kind material without expanding the road prism; and
vegetation maintenance.
(3) Mining, quarrying, excavating. processing, stockpiling of rock. sand, gravel. aggregate, or
clay where a permit has been issued bv the state department of natural resources.
(4) Exploratory excavations under the direction of a professional engineer licensed in the state:
provided that the extent of the clearing and grading does not exceed the minimum necessary to obtain the
desired information.
(5) Normal maintenance and repair ofthe facilities of a common carrier bv rail in interstate
commerce within its existing right-of-way.
(6) Excavations for utility service connections to serve existing and/or new structures and that is
outside any area that is within the jurisdiction ofFWCC 22-1221 et seq.
(7) Actions which must be undertaken immediately, or within a time too short to allow for
compliance with the requirements of this article, to avoid an imminent threat to public health or safety: to
prevent an imminent danger to public or private property: or to prevent an imminent threat of serious
environmental degradation. This determination will be made by the director.
(8) Clearing and grading actions that are an integral part of an ongoing agricultural or
horticultural use on the subject property.
(9) Tree and vegetation removal actions conducted on a residential lot that contains a detached
dwelling unit together with any contiguous lots under the same ownership that are being maintained for
the use and enjoyment of the homeowner that comply with the following criteria:
a. Anv trees or vegetation removed must be outside any area that is within the jurisdiction
ofFWCC 22-1221 et seq.
b. No trees or vegetation will be removed if that vegetation was required to be retained by
or through any development permit issued under this chapter or anv prior zoning code.
c. Tree and vegetation removal will not change the points where the stormwater or
groundwater enters or exits the subject property and will not change the quality, or velocity of stormwater
or groundwater.
d. Trees with a diameter at breast height (dbh) of UP to six inches and vegetation may be
removed without city review and approval if criteria a-c contained in this section are met.
e. Trees with a dbh of six inches or greater may be removed subject to the minimum tree
units per acre standard established by Table 22-XXI8.1 and subject to criteria a-c of this section.
f. Removal of trees with a dbh of six inches or greater that will result in the subject property
falling below the minimum tree units per acre standard per Table 22-XXI8.1 shall require planting of
replacement trees as necessary to meet the minimum tree units per acre standard, or the existing tree units
per acre represented by the trees proposed for removal. whichever is less.
g. Hazard trees and nuisance vegetation mav be removed without city review and approval
if criteria a-c contained in this section are met.
(1 Q) Clearing and grading actions that comply with all of the following criteria:
a. The subject property contains a permanent building or an active use.
b. The clearing or grading activity will not change the points where the stormwater or
groundwater enters or exits the subject property, and will not change the quality or velocity of stormwater
or groundwater.
c. The clearing or grading activity is outside any area that is within the jurisdiction of
FWCC 22-1221 et seq.
d. Grading, filling, and excavation totals less than 100 cubic yards. Ouantities of excavation
and fill are calculated separately and then added together to determine total excavation and fill.
e. No trees or vegetation will be removed if that vegetation was required to be retained by
or through any development permit issued under this chapter or any prior zoning code.
(11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated
plants. Topping of trees as defined in FWCC 22-1 is considered tree remoyal. not maintenance.
Ordinance No. 09-610
Page 37 of 69
U_I
(12) Removal of overhanging vegetation and fire hazards. or removal of invasive species, hazard
trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her
designee.
(13) Removal of trees in easements and rights-of-way for the purposes of constructing public
streets and utilities. Protection of trees shall be a major factor in the location, design, construction, and
maintenance of streets and utilities. These activities are subject to the purpose and intent ofthis division.
(14) Removal of trees on sites zoned City Center-Core (CC-C) and City Center Frame (CC-F).
22-XXX4 Application requirements.
(a) In addition to the requirements ofFWCC 22-33, a clearing and grading plan shall be submitted
and include the following information:
(1) Name of person preparing the map, drawing or diagram submitted with the application, along
with credentials if applicable.
(2) Identification of existing slope depicting: areas with 0% to 15% slope: areas with 15% to 40%
slope: and areas of 40% or greater slope.
(3) Proposed grades.
(4) Location of all existing and/or proposed structures, driveways, right-of-way improvements,
utilities, and easements on the subject property.
(5) Designation of all wetlands, streams, and other critical areas regulated under FWCC 22-1221
et seq. that is on or within 200 feet of any area to be disturbed bv the proposed clearing and/or grading
action.
(6) Areas proposed for clearing and the proposed use for such areas.
(7) Any proposed grade changes that might adversely affect or endanger trees on the property
and/or adjacent properties, and specifications to maintain them.
(8) A minimum of two cross sections of the site, drawn to scale, depicting the existing and
proposed grade and any proposed rockeries and/or retaining walls. The director may also require a three-
dimensional topographic model of existing and proposed topographic conditions.
(9) Location and description of proposed erosion-control devices and structures.
(10) A geotechnical report, prepared by a geotechnical engineer, when required by the director
and/or per critical area ordinance provisions for qualified professional reports that contains sufficient
information to determine the potential impacts of the proposed clearing and grading, as well as proposed
measures to reduce or eliminate these impacts, as may be required by the city.
(b) When a tree/vegetation retention plan in accordance with this article is required, it shall be
incorporated into the clearing and grading drawings and shall become part of all construction
documentation. The tree/vegetation plan must be prepared by a certified arborist or a certified landscape
architect and include the following information:
(1 ) A statement outlining the purpose of any proposed tree removal (e.g. building construction.
street or roadway, driveway, recreation area, patio. or parking lot), together with a proposed timetable for
when the work will occur.
(2) A tree survev that identifies the location, approximate size, species, and number of trees on
the site and also identifies the general location of trees within 50 feet of the site. For heavily forested
sites, the director may allow a tree survey sample to be submitted that may be applied to the forested
portions of a site in order to satisfy the tree survey requirement.
(3) A depiction of the spatial limits for tree/vegetation retention areas and details of tree/
vegetation protection measures.
(4) A depiction of any new vegetated areas to be established.
(5) The manner in which the cleared areas on the property will be reclaimed with vegetation,
specification of any required mitigation plantings, and a timetable for replanting.
22-XXX5 Modifications.
Ordinance No. 09-610
Page 38 of 69
(a) Purpose. The purpose of this section is to provide a process for requesting modification from the
general standards specified in this article. The director shall have the authority, consistent with the criteria
provided herein, to modify specific requirements, or impose additional requirements in unique or special
circumstances to assure the fulfillment of the stated pUllJoses of this article. The applicant must
demonstrate one or more of the following in order to obtain approval of a modification request:
(1) There are no feasible and reasonable alternatives to the clearing, grading or tree/vegetation
removal activity being proposed;
(2) The proposed modification will result in the same or less impacts than meeting the standards;
(3) The proposed modification will meet or exceed the intent of this article.
(3) Meeting the standards would create an unacceptable risk to health or safety.
(b) Modification submittal requirements. A request for modification shall:
(1 ) Be submitted in the same form and according to the same terms as the required clearing and
grading and/or tree and vegetation retention plan documents of this article and subiect to the same
enforcement requirements;
(2) Be clearly labeled as "Clearing and Grading, and/or Tree and Vegetation Retention
Modification Plan"; and
(3) Clearly delineate and identify the deviations requested from the provisions of this article.
22-XXX6 Review and approval of clearine:. e:radine:. and tree/vee:etation retention plans.
(a) Review of plans required under this article shall be conducted as follows:
(1) Where clearing and grading plans and/or tree and vegetation retention plans are required, the
plans and/or a1'plication shall be reviewed bv the departments of public works and community
development services.
(2) Where the city determines that clearing and grading plans and/or tree and vegetation retention
plans shall also be reviewed by the city's consultant( s), the applicant shall cover the cost of the third party
reVIew.
(3) Where proiect sites contain or are adiacent to electrical substations, utility rights-of-way
and/or easements, the applicant must also obtain written comment from the appropriate utility
representative( s) for any required clearing, grading, or tree/vegetation retention plans.
(b) Approval and Notice to Proceed shall be required prior to undertaking any clearing, grading.
and/or tree and vegetation removal actions pursuant to the requirements of this section. Approval and
Notice to Proceed shall not be issued until the applicant can demonstrate readiness to proceed with the
site development work and the ability to complete such work in a timely manner. The following will be
considered in determining readiness:
(1 ) The applicant shall have received engineering plan approval for erosion control and
construction of required on-site infrastructure including, roadways and stormwater facilities as allowed by
the public works director, and;
(2) The applicant shall have received approval of a proposed proiect timeline that demonstrates
how site development work and revegetation of the site shall be completed per approved revegetation and
landscaping plans within 12 months of commencement of site work.
(3) Proiects that will not be completed within 12 months of initial clearing, grading, and tree/
vegetation removal activity shall be required to submit plans for interim aesthetic treatment of the site in
its cleared and non-developed state that shall be subiect to review under section (a) of this section.
Methods for addressing site aesthetics in cases where a proiect will not be completed within a 12 month
period shall include:
(i). Phased clearing, grading, and tree/vegetation removal in coni unction with phased site
development as follows:
a. Phased clearing, grading, and tree/vegetation removal shall be considered for all
proiects that will not be completed within 12 months of, and up to 5 years from. commencement of
clearing, grading and tree/vegetation removal activity.
Ordinance No. 09-610
Page 39 of 69
b. Phased clearing, grading and tree/vegetation removal shall be required for all
proiects that will not be completed within five years of commencement of clearing, grading and tree/
vegetation removal activity.
(iii). Installation of permanent vegetation per approved plans in cases where vegetation can
become established and will not be harmed during completion of site work and building construction.
(iv) Temporary revegetation and/or vegetation retention per an approved plan that provides
visual screening of the site from neighboring properties and rights-of wav.
(c) Approval of -plans under this article shall be binding u-pon the applicant. Anv proposed changes to
approved clearing. grading, and/or tree and vegetation retention plans shall be resubmitted for review and
approval subiect to the applicable review process(es) associated with the permit(s) required.
Division 2, Clearin!! and Gradin!! Re!!ulations
22-XXX8 General provisions.
(a) General. The applicant shall complv with this section with respect to all clearing and grading
actions. The requirements of FWCC Chapter 22, Article XIV, Critical Areas. shall govern for proposed
clearing and grading actions occurring in all critical areas.
(b) Nature of fill materials. All materials used as structural fill must be nondissolving and
nondecomposing. Fill materials must not contain organic or inorganic material that would be detrimental
to water quality or existing habitat, or create any other significant adverse impacts to the environment.
22-XXX9 Clearine: and e:radine: and land disturbance limits.
(a) Clearing and grading activities for developments shall be permitted in coni unction with an
approved site development plan (e.g. subdivision approval. site plan approval. etc.) that establishes
permitted areas of clearing, grading, cutting, and filling. Permitted clearing and grading areas should
minimize removal of existing trees and minimize the disturbance or compaction of native soils, except as
needed for building purposes. Permitted clearing and grading areas and any other areas required to
preserve critical or sensitive areas, buffers, native growth protection easements, or required tree retention
areas shall be delineated on the site plans.
(b) Prior to beginning clearing and grading activities, all clearing limits, sensitive areas and their
buffers, and trees and vegetation that are to be preserved within and adiacent to the construction area shall
be clearly marked, and protected per FWCC 22-XX21. to prevent damage.
22-XXI0 Aesthetics.
(1) All natural vegetation shall be retained on the site except that which may be removed as
shown on approved engineering plans.
(2) Clearing and grading shall minimize impacts to adiacent properties, and clearing, grading, and
vegetation retention plans shall include protection measures for existing vegetation located on adiacent
properties.
(3) If development is to be phased, clearing and grading shall also be phased unless an alternative
plan for interim aesthetic treatment of the development site has been ap-proved under FWCC 22-
XX6(b )(3).
(4) Roads should follow existing contours in order to minimize grading.
(5) Development on sites with areas of slopes of 15% or greater shall comply with FWCC 22-
XX16, Development of sites with slopes of 15% or greater. in order to minimize grading and use of
rockeries and retaining walls. Slopes are to be measured in their natural state.
22-XX15 Cut and fill slopes.
Ordinance No. 09-610
Page 40 of 69
Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In
addition, slopes shall be stabilized in accordance with the requirements of this section. The applicant
shall:
(a)Limit the maximum gradient of artificial slopes to no steeper than 33% or 3: 1 (three (3) feet of
horizontal run to one (1) foot of vertical falll except that:
(i) slopes for roadways may be constructed at a maximum slope of 2:1 rtwo (2) feet of
horizontal run to one (1) foot of vertical falll upon approval of the director and
(ii) slopes that do not exceed 6 feet in height may be constructed at a maximum slope of
2:1 rtwo (2) feet of horizontal run to one (1) foot of vertical falll.
(b) Cut and fill slopes shall be designed and constructed in a manner consistent with the
applicable requirements of the King County Surface Water Design Manual as amended by the City of
Federal Way and FWCC Chapter 21. Surface and Stormwater Management.
22-XX16 Clearine: and e:radine: standards for sites with slopes of 15% or e:reater.
(a) The provisions of this section shall apply to development in areas with slopes of 15% or greater
and with a vertical relief of 6 or more feet and a vertical rise of 6 feet or more for every 40 feet of
horizontal distance. The provisions of this section are intended to specifically promote the following:
(1 ) Undertake development in a manner that will protect life and property from hazards due to
slope, unstable and erodible soils, earth movement. and other geologic and hydrologic hazards:
(2) Reduce potential for increased erosion, sedimentation, and surface runoff, and the resulting
adyerse impacts on water quality:
(3) Promote a safe means of ingress and egress for vehicular and pedestrian traffic in sloped
areas:
(4) Preserve the visual quality of sloped areas, which are a valuable natural and economic
resource: and
(5) Encourage innovative and imaginative site development techniques to create structures and
site plans that are suited to sloped terrain. For example, tuck-under garages and daylight basements are
encouraged to integrate homes into existing topography and minimize grading (see Figure 22-XX).
(b) Sites containing or within 25 feet of slopes of 40% or greater (steep slope hazard area) and/or sites
with erosion, landslide, and/or seismic hazard areas are also subiect to the requirements of Article XN.
Critical Areas.
(c) These standards do not apply to isolated slope areas that are less than 5,000 square feet in land
area. For purposes of this provision. the entire contiguous area with slopes measuring 15% or greater shall
be included in the minimum size calculation regardless of the number of individual lots or different land
ownerships involved.
(d) Residential land divisions on sites with slopes of 15% or greater are encouraged to implement the
following standards in order to minimize clearing and grading necessary to support development on
individual lots.
(1) Lot size averaging may be utilized for residential land divisions on sites that contain areas
with slopes in excess of 15% as well as areas with slopes less than 15% as follows:
(i) More steeplv sloped portions of a site shall have larger lots resulting in a reduced
percentage oflot disturbed for construction. In no case shall any lot created with a slope of 15% or greater
be less than the minimum lot size of the underlying zoning district.
(ii) Reduced lot sizes may be allowed within the portions of the site that are less than 15%
slope. Minimum lot size may be reduced to by up to 50% of minimum lot size requirement of the
underlying zoning designation, but in no case less than 5,000 square feet for each single family residential
building lot, and no less than 1800 square feet for each small lot single family or zero lot line townhouse
lot.
(iii) The maximum allowable density of the underlying zoning district shall not be exceeded
for the overall development for which lot size averaging is being applied.
Ordinance No. 09-610
Page 41 of69
(2) As an alternative to, lot size averaging, cluster development may be employed. pursuant to
FWCC 20-154, in order to limit disturbance of sloped areas of a site. Cluster development should be
employed where this option will result in successful retention of mature tree canopy and native
vegetation.
(e) Grading plans for residential land divisions shall show that each parcel created by the land
division is a suitable building site and show the following on the plan drawings:
(i) Setbacks:
(ii) Driveways:
(iii) Proposed building envelope: and
(iv) Usable rear vard area a minimum of 10 feet deep.
(t) Front vard setbacks for single familv residential development on lots with a slope of 15% or
greater may be applied in a flexible manner where such application will protect slopes and natural
features from development encroachments. However, a minimum front yard setback of 10 feet must be
maintained in all cases, and a minimum 20 foot setback shall apply to garages, unless the garage and
driveway are oriented in such a way as to provide minimum 20 feet length of parking area in front of the
garage within the property boundaries.
22-XX17 Rockeries and retainine: walls.
(a) When incorporating rockeries and retaining walls into site design, the applicant shall work with
the site topographv in order to minimize the need for rockeries and retaining walls. When rockeries and/or
retaining walls are utilized, the following standards shall applv:
(1) For single-familv residential lots, rockeries and retaining walls shall be:
(i) A maximum of six feet in height as measured from finished grade at base of wall to top of
wall.
(ii) Composed of brick, rockery, textured or patterned concrete, or other masonry product that
complements the proposed building and site development. Other materials may be used with the approval
of the community development services and public works directors.
(iii) There shall be a minimum setback of one foot for every foot in rockery or retaining wall
height between the rear of a residential building and any rockery or retaining wall, provided that a useable
space equal to the rear yard setback must always be maintained.
(2) For detention/retention ponds, rockeries and retaining walls shall be a maximum of six feet in
height as measured from finished grade at base of wall to top of wall around the detention/retention pond.
(3) For commercial and multifamilv lots, rockeries and retaining walls shall be:
(i) A maximum of six feet in height as measured from finished grade at base of wall to top of
wall.
(ii) There shall be a minimum three-foot landscaped setback at the base of each rockery or
retaining wall.
(4) The width of the terrace between any two vertical rockeries and/orretaining walls shall be a
minimum of five horizontal feet to allow for landscaping and maintenance.
(5) Terraces created between rockeries and/or retaining walls shall be permanently landscaped
and revegetated with Type III landscaping as specified in FWCC 22-1565(c).
(6) Rockeries and retaining walls shall be set back a minimum of three feet from adiacent public
rights-of-way. The area between the right-of-way and the retaining wall shall be landscaped and
maintained per applicable standards in FWCC Article XVII, Landscaping. If private agreements are
reached with utility companies and written documentation is provided to the city, and a minimum three-
foot wide planting buffer can be established and maintained to screen the wall from view, retaining walls
can be located to the back of the right-of-way as determined by the community development services and
public works directors. .
(7) Rockeries and retaining walls visible from a public right-of-way or adjacent property shall be
composed of rock, brick. or other textured/patterned wall styles as approved by the planning and public
Ordinance No. 09-610
Page 42 of 69
works director. Rockeries and retaining walls shall be landscaped in accordance with the applicable
standards in FWCC Article XVII, Landscaping.
Division 3. Tree and Ve2etation Retention Requirements
22-XX18 Tree and vee:etation retention standards.
(a) Retention required. Existing trees and vegetation in good health, and not considered to be invasive
species, shall be retained on the subiect property to the maximum extent possible in all developments as
follows:
(1) Site and building development shall take into consideration the location of existing stands of
healthy trees both on site and on adiacent properties. Where safe and feasible. the meandering of streets
and/or sidewalks around existing stands of trees is encouraged.
(2) Minimum Tree Density - New Uses on Vacant or Redeveloping Parcels. The tree density
requirements will be met primarily through the conservation of existing trees. However, in order to
provide for continued flexibility in the design of new development. in those situations where a
development's design would preclude the retention of the required number of trees, the use of
replacement or supplemental tree planting is authorized. The minimum tree density for each land use
designation is specified in Table 22-XXI8.1.
(3) Sites with Insufficient Tree Cover. It is recognized that some sites may not contain a sufficient
number of existing trees to meet the tree density standards set forth in Table 22- XX 18-1. In those
situations, additional trees are to be planted as necessary to achieve the minimum tree density
requirements ofthis section. Modification of the requirements of this subsection ((a)(3)) may be obtained
under 22-XXX5.
(b) Tree density requirements. All regulated activity shall ensure that the following tree densities shall
be achieved and maintained during and after development:
Minimum Tree Densitv Requirements for Vacant or Redevelopinl! Sites
(Table 22-XX18.1)
Land Use Desil!nation Required Tree Unit Densitvl2
BC, BN, CE, OP, PO 20 tree units/acre
SF Residential zones 25 tree units/acre
RM 1800. RM 2400, RM 3600 30 tree units/acre
(c) Calculation of the total tree units required. The total number of tree units required to be provided
by a regulated activity shall be calculated by multiplying gross site acreage, minus any proposed public or
private streets and regulated critical areas (excluding buffers) determined by Federal Way to be
undesirable for tree planting (e.g., certain wildlife habitat and wetlands), by the required tree density (in
tree units per acre) set forth in Table 22-XXI8.1. The result of the calculation will be the total number of
tree units required for the activity. If the calculation results in a fractional quantity, it shall be rounded up
to the next higher whole number.
(d) Tree unit credits. The number of tree unit credits given for retaining existing trees, or the planting
of new trees, varies in order to encourage the retention of large existing trees and the planting of
I Trees that are damaged. diseased. are a hazard or nuisance or invasive species shall not be credited towards satisfying the tree
units per acre requirement as noted in Table 22-XXI8.1. Provided. at the discretion of the Citv. damaged or diseased or standing:
dead trees mav be retained and counted toward the tree requirement. if it is demonstrated that such trees will provide important
wildlife habitat and are not classified as dangerous trees.
2 Trees located within critical area buffers shall be credited towards satisfying the tree units per acre requirement as noted in
Table 22-XX 18.1. Critical area buffers shall comply with the requirements set forth in Chapter 20. Article XIV.
Ordinance No. 09-610 Page 43 of69
replacement trees that provide greater canopy areas at maturity. Tree unit credits for the retention of
existing trees and the planting of new trees shall be awarded as follows:
Tree Unit Credits (Table 22-XX18.2)
Existine Tree Cateeorv Tree Unit Credit
Existing Tree 1" to 6" d.h.h. 1.0 tree units per tree retained
Existing Tree >6" to 12" d.h.h. 1.5 tree units per tree retained
Existing Tree >12" to 18" d.h.h. 2.0 tree units per tree retained
Existing Tree >18" to 24" d.h.h. 2.5 tree units per tree retained
Existing Tree> 24" d.h.h. 3.0 tree units per tree retained
Reolacement Tree Cateeorv
Replacement Tree. Small Canopy Species (Mature canopy area < 450 SF) .50 tree units per tree planted
Replacement Tree. Medium Canopy Species (Mature canopy area 450 to 1.250 SF) 1.0 tree units per tree planted
Replacement Tree. Large Canopy Species (Mature canopy area> 1.250 SF) 1.5 tree units per tree planted
(e) Tree retention requirements - expansion of existing uses. Expansion of existing commercial.
industrial. and multi-family properties which do not conform to the tree density requirements of this
Chapter shall be subiect to the following tree conservation requirements whenever such expansion would
result in a greater than a 10% or 500 square foot increase in the size of the existing building footprint or
associated impervious areas (parking lots. storage areas, etc.), whichever is less:
(1) A minimum of one tree unit shall be provided for each 500 square feet of building expansion
or new construction: and
(2) A minimum of three tree units shall be provided for each tree unit removed, up to a maximum
of 25 tree units per acre.
(D No clearing, grading, or other approvals for vegetation removal at a site shall be approved until
such time as the city of Federal Way has approved any associated landscaping or tree retention plans.
(g) Tree and vegetation retention areas shall be protected during construction through application of
the standards contained in FWCC 22-XX21. Tree Protection During Construction.
22-XX19 Off-site mitie:ation and fees Daid in lieu.
Where an applicant cannot provide for the minimum required tree units per acre on-site: off-site
mitigation or a fee-in-lieu payment into the city's urban forestry account may be approved by the director.
(a) Where off-site mitigation is utilized, the remaining balance of required tree units must be
planted at an off-site location approved by the director. Where the site is city-owned property, the public
works and/or parks department must also approve the tree planting. Acceptable off-site locations, in order
of priority, are as follows:
(1) Publicly owned land in the city of Federal Way including but not limited to:
environmentally sensitive areas: regional stormwater facilities: or wildlife corridors. Similar lands owned
by nonprofit entities that are reserved in open space also qualify.
(2) Publicly owned parks or recreational facilities within the city of Federal Way.
(3) Other mitigation or restoration sites managed by other public entities or private
conservation groups.
(4) Public school sites within the city of Federal Way.
(5) Other sites proposed by the applicant. when it is documented that higher priority sites are
not available or viable.
(b) Where a tree replacement fee is utilized, a tree replacement fee paid into the city's urban
forestry account may be approved by the director. The fee shall be established based on the number of
tree units being satisfied as follows:
Ordinance No. 09-610
Page 44 of 69
(1) Each tree unit shall represent one replacement tree. The fee for each replacement tree
shall cover the cost of a tree, installation (labor and equipment), maintenance for two years, and fund
administration.
(2) A separate urban forestry account shall be established by the city for fees collected. Tree
replacement fee receipts shall be earmarked specifically for this account and shall be expended only for
the planting of new trees in city-owned parks, open spaces, or rights-of-way.
22.XX20 Replacement tree suedes and minimum size requirements.
(a) Where tree replacement is required in order to achieve minimum tree units per acre, the
replacement trees shall consist of a mix of evergreen and deciduous trees, suitable to specific site
conditions.
(b) Replacement tree species shall be selected from a list of approved tree species maintained by the
department of community development services. All species listed are suited to the climate conditions
found in the Pacific Northwest. The list is for guidance only and is not intended to be all-inclusive. Other
tree species may be utilized where appropriate when recommended by a professional forester, certified
arborist, or licensed landscape architect.
(c) Size of replacement trees. Replacement trees shall be evergreen trees a minimum of six feet in
height and deciduous trees with a minimum two inches caliper.
22-XX21 Tree and vee:etation urotection durine: construction.
(a) No clearing shall be allowed on a proposed development site until the tree retention and landscape
plans have been approved by the city of Federal Way.
(b) A no disturbance area shall be established for each tree to be protected. The no disturbance zone
shall be equal to the critical root zone which is defined as 12 inches radius for eyery one inch of tree
diameter measured at four and one-half feet above ground. Any other no disturbance area proposed bv the
applicant shall be determined by a qualified arborist and subiect to review and approval by the director.
(c) The no disturbance zone shall be identified during the construction stage with:
1. A temporary five-foot chain-link fence: and
2. Tree protection signage attached to the fence which reads "TREE PROTECTION FENCE -
No soil disturbance, parking, storage, dumping, or burning of materials is allowed within the Tree
Protection Fence."
(d) No soil disturbance, parking, storage, dumping, burning of materials, impervious surfaces, fill,
excavation, or storage of construction materials shall be permitted within the no disturbance area:
(e) If the grade level around the tree is to be raised by more than one foot, a rock well shall be
constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10
feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells.
(t) The grade level shall not be lowered within the larger ofthe drip line of the tree(s) or the critical
root zone of the tree(s).
(g) No trenching is allowed in any critical tree root zone areas.
(h) No installation of any impervious surfaces is allowed in critical root zones.. Where road or
sidewalk surfaces are needed within critical root zones, unmortared porous pavers or flagstone (rather
than concrete or asphalt) may be used. Boardwalks or bridging may span root zones without harming the
tree roots.
(i) Tree protection areas (i.e. critical root zone) must be prepared to better withstand the stresses of
the construction phase by, if necessary, fertilizing, pruning, and mulching around them well in advance of
beginning any construction activities.
(i) Alternative protection methods may be used if accepted by the director to provide equal or greater
tree protection.
(k) Encroachment into the no disturbance area may be allowed where the director determines
encroachment would not be detrimental to the health of the tree.
Ordinance No. 09-610
Page 45 of 69
22-XX22 City forestry account.
(a) Funding sources. All civil penalties received from enforcement actions under this division and all
money received pursuant to FWCC 22-XX 19 shall be used for the purposes set forth in this section. In
addition, the following sources may be used for the purposes set forth in this section:
(1) Sale of trees or wood from city property where the proceeds from such sale have not been
dedicated to another purpose:
(2) Donations and grants for the pU1J>oses of the fund: and
(3) Other monies designated by the city council.
(b) Funding purposes. The city shall use money received pursuant to this section for the following
purposes:
(1) Acquiring, maintaining, and preserving wooded areas within the city:
(2) Planting and maintaining trees within the city:
(3) Urban forestry education: or
(4) Other purposes relating to trees as determined by the city council.
Division 5. Performance Assurance. Maintenance and Enforcement
22-XX31 Revee:etation.
Development sites shall be revegetated and landscaped as soon as practical after completion of
clearing and grading work, in accordance with a revegetation plan established by a tree retention and/or
landscape plan, approved by the director or his/her designee.
(a) A permanent revegetation plan, utilizing vegetation that is known to have a high natural
survival rate, shall be implemented consistent with city of Federal Way landscaping and tree and
vegetation retention and replacement requirements.
(b) Where permanent revegetation measures are not in place within seven days in the dry season
and two days in the wet season, the applicant shall provide temporary revegetation or stabilization
measures in accordance with the recommendations of the latest edition of ecology's stormwater
management manual for Western Washington, and maintain such measures in good condition until the
permanent revegetation measures are installed and inspected by the city of Federal Way.
(c) Where permanent revegetation measures are not in place within 12 months of completion of
clearing and grading work the applicant shall be required to submit a plan for director approval that
outlines interim measures for revegetation and aesthetic treatment of the site per FWCC 22-XXX6(b)(3).
Failure to submit a plan for interim measures as required by FWCC 22-XXX6(b)(3) shall result in the
application of compliance and enforcement measures per FWCC 22-XX36 of this article.
(d) Where permanent revegetation measures are not in place within five years of completion of
clearing and grading work. the applicant shall be required to revegetate the site to meet the minimum tree
density requirements of FWCC 22-XX18 Tree and vegetation retention requirements. Failure to
revegetate the site per minimum tree density requirements of FWCC 22-XX18 shall result in the
application of compliance and enforcement measures per FWCC 22-XX36 of this article.
22-XX32 Maintenance.
(a) All required replacement trees and relocated trees shown on an approved tree retention plan shall
be maintained in healthy condition by the property owner throughout the life of the proiect, unless
otherwise approved by the director in a subsequent tree retention plan.
(b) Cutting and pruning.
(1 ) Protected trees shall not be topped.
(2) Street trees shall be maintained in a healthy condition by the adjacent property owner and
shall only be cut or pruned with the permission of the city of Federal Way public works department.
(3) Pruning and maintenance of protected trees shall be consistent with best management
practices in the field of arboriculture and further the long-term health of the tree.
Ordinance No. 09-610
Page 46 of 69
(4) Excessive pruning shall not be allowed unless necessarv to protect life and property.
22-XX33 Performance assurance.
The city may require the following bonds for any clearing and/or grading activity approved by or
under this division:
(a) A performance bond to guarantee that the clearing and/or grading will conform to city
standards and requirements.
(b) To mitigate damages should they occur as a result of unauthorized tree removal. the applicant
shall submit a bond, letter of credit or other means of assurance acceptable to the director. The following
provisions shall apply to such performance assurance:
(1 ) Tree Protection Assurance. The applicant shall post a performance bond or other
acceptable security device to ensure the installation, maintenance, and adequate performance of tree
protection measures. The amount of this bond shall be no less than 120% of the city's estimated cost of
replacing each protected tree. The estimated cost per tree shall be the tree base fee established bv the city
council. Prior to issuance of the certificate of occupancy, any protected tree found to be irreparably
damaged, severely stressed, or dying shall be replaced according to the standards identified under FWCC
22-XX36, Compliance and enforcement. The bonding period shall be two years. The director mav release
all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the
requirements of this section have been satisfied and there is evidence that the protected trees will survive.
(2) Tree Maintenance Assurance. Where replacement trees are required pursuant to this
section, the applicant shall post a replacement tree maintenance bond or other acceptable security device
to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 50% of the
cost of plant material. periodic fertilizing and pruning, and labor for the time period of the maintenance
bond. Where possible, the bond may be combined with the landscape maintenance bond required by
FWCC Chapter 22, Article XVII, Landscaping. In the event a required replacement tree becomes
irreparably damaged, severely stressed, or dies, during the maintenance period. the tree shall be replaced
according to the standards in FWCC 22-XX18, Tree and vegetation retention standards and FWCC 22-
XX-20. Replacement tree species and size. Replacement trees damaged due to natural disasters such as
wind storms, hail. ice or snow storms, earthquakes, and the like shall be exempt from replacement. The
bonding period shall be two years. The director may release all or part of the bond prior to the conclusion
of the bonding period if the applicant demonstrates that the requirements of this section have been
satisfied and there is evidence that the replacement trees will survive.
(3) Supplemental administrative costs. In addition to the bond and anv consultation fees
under FWCC 22-XX33(b)(5), the applicant shall post a cash deposit with the city equal to the following
percentages of the amount of the bond:
Amount of Bond
Amount of Cash Deposit
Up to $20,000
$20.001 to $50,000
$50,001 to $100.000
$100,001 and up
5% of the bond (minimum $100.00)
4% of the bond
3% of the bond
2 1'2 % of the bond
This cash deposit will be used to cover the city's actual expenses of administering and. if necessary,
obtaining and using the proceeds ofthe bond.
(4) The required tree protection_assurance shall be submitted prior to issuance of a permit
authorizing tree removal. The required tree maintenance assurance shall be submitted prior to issuance of
final plat approval pursuant to FWCC 20-136. or certificate of occupancy, whichever is applicable.
(5) The director may consult with a certified arborist. licensed landscape architect, or other
similarly qualified professional in determining the amount of a bond under this article. The applicant shall
pay the actual costs of this consultation.
Ordinance No. 09-610
Page 47 of 69
(6) The ?erformance assurances shall not be fully released without final inspection and
approval of com?leted work by the city, submittal of any post-construction evaluations, or following: any
prescribed trial maintenance period required in the permit.
(7) With the consent of the City, assurance devices under this section may be assigned by the
applicant to individual property owners when those parties obtain an ownership interest in the subiect
property. The director may release all or part of an applicant's assurance when the applicant demonstrates
that the applicant has secured to the City sufficient assurances to meet the requirements of this section
from other parties.
(8) Performance assurances provided in accordance with this section may be redeemed in
whole or in part by the city of Federal Way upon determination by the director that the applicant has
failed to fully comply with approved plans and/or conditions
22-XX34 Proiect inspections/city access.
(a) All proiects with a clearing and grading and/or tree retention plan approval and associated permit
are subiect to city inspections to ensure compliance with the conditions of approval and associated permit.
As a condition of permit issuance, the ap?licant must grant right-of-entrv for such inspections and city
emergency corrective measures.
(b) The public works director or his/her designee will specify the general stages of work when city
inspection is required and may require inspection and testing: by an approved testing agency, to be paid by
the applicant.
(c) The director shall specify inspection and testing requirements applicable to a given proiect prior to
permit issuance: however, the public works director may require additional inspection, testing, or
professional analysis and recommendations when conditions exist that were not covered in the permit
application documents or were not sufficiently known at the time of permit issuance.
22-XX35 Stop work orders and corrective actions.
(a) The director or his/her designee may notify the permittee, or person doing the work. to stop work
and take any necessary corrective actions whenever the director determines that:
(1) During the life ofthe permit. the proiect is causing problems related to earth and water
resources, such as sediment leaving the site or entering the drainage system:
(2) The act or intended act of clearing, grading, or tree or vegetation removal has become or will
constitute a hazard to life and limb, or endangers property: or it adversely affects the safety, use, or
stability of a public way, drainage channel. street, or surface water: or
(3) Clearing, grading or tree or vegetation removal is occurring without a required permit: or
(4) The activity is otherwise violating this article or the conditions of approval issued under this article.
(b) The director or his/her designee shall remove the stop work order when the City has reached an
agreement with the violator regarding rectification of the violation. Any stop work order issued under this
article may be appealed using the procedures set forth in FWCC 1-19.
22-XX36 Compliance and enforcement
(a) In addition to any other penalties or other enforcement actions, any person who fails to comply
with the provisions of this article or the terms of an approved tree retention plan. or a related cease and
desist or stop work order. shall also be subiect to a civil penalty as set forth in Table 22.xX4l.1. Each
unlawfully removed or damaged tree shall constitute a separate violation.
(1) The amount of the penalty shall be assessed in accordance with Table 22.xX41.1. The
director may elect not to seek penalties if he or she determines that the circumstances do not warrant
imposition of civil penalties in addition to restoration. (For example, first time violators who
unintentionally or unknowingly violated the requirements of this article and are cooperating with regard
to restoration may not warrant imposition of civil penalties.)
Table 22.xX41.l - Penalties
Ordinance No. 09-610
Page 48 of 69
Types of Violations Allowable Fines per Violation
1. Removal of tree( s) approved to be removed, but $100.00 per tree
prior to fma1 tree retention plan approval
2. Removal or damage oftree(s) that are or would $1.000.00 per tree, or up to the marketable value
be shown to be retained on an approved tree plan or of each tree removed or damaged as determined
any other violation of approved tree retention plan by a certified arborist or timber cruiser.
3. Removal of tree( s) without applying for or $1.000.00 per tree, or up to the marketable value
obtaining required city approval of each tree removed or damaged as determined
by a certified arborist or timber cruiser.
(b) Violators shall be responsible for restoring unlawfully damaged areas in conformance with a plan,
approved by the director. which provides for repair of any environmental and property damage, and
restoration of the site; and which results in a site condition that, to the greatest extent practical. equals the
site condition that would have existed in the absence of the violation(s).
(c) The number of trees required to be planted shall be equal to the number of tree unit credits of
illegally removed trees according to Table 22-XXI8.2.
(d) The minimum size for a tree planted for restoration is 12-foot-tall evergreen and three-inch caliper
deciduous tree. The city may approve smaller restoration tree sizes at a higher restoration ratio. provided
the site has capacity for the additional trees and the results of restoration at a higher restoration ratio is as
good or better than at the normal ratio. The smallest allowable alternatives to the normal restoration
requirements shall be two eight-foot evergreen for one l2-foot evergreen or two two-inch caliper
deciduous for one three-inch caliper deciduous tree.
(e) Remedial measures must be completed within the time frame specified by the director.
(f) The cost of any remedial measures necessary to correct violation( s) of this article shall be borne by
the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures,
the director may redeem all or any portion of any security submitted by the applicant to implement such
remedial measures, pursuant to the provisions of FWCC 22-XX33, Performance assurance.
Article XIII, Division 9, Yard Requirements [Chapter 19.125 - Outdoors, Yards, and
Landscaping]
22-1133 Structures and improvements.
No improvement or structure may be in a required yard except as follows:
(1) A driveway and/or parking area subject to the standards of FWCC 22-1135.
(2) Any improvement or structure, other than a driveway and/or parking area, that is not more
than four inches above finished grade may be anywhere in a required setback yard.
(3) An improvement or structure that is not more than 18 inches above finished grade may extend
not more than five feet into a required yard.
(4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a
structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into
any required yard. The total horizontal dimension of the elements that extend into a required yard,
excluding eaves, may not exceed 25 percent of the length of the facade ofthe structure from which the
elements extend.
(5) Fences and railings not over six feet in height may be located in required yards subject to the
fence regulations contained within this article.
(6) Rockeries and retaining walls may be located in required yards if:
a. The rockery or retaining wall is not being used as a direct structural support for a major
improvement; aad
Ordinance No. 09-610
Page 49 of 69
b. The rockery or retaining wall is reasonably necessary to provide support to a cut, fill or
slope.,.; and
c. The rockerv or retaining wall also meets the requirements of FWCC 22-XX17 et seq.
(7) Signs may be located in required yards subject to provisions of FWCC 22-1596 et seq.
(8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open
along the sides, are permitted in required yards in commercial, industrial-commercial, and office zones.
(9) In low and medium density residential zones, the applicant may, through process III, request
approval to locate a storage shed in a required yard, except a required front yard. The city may approve
the application if:
a. The proposed structure is no more than eight feet high above finished grade;
b. The maximum length of the facade of the proposed structure parallel to each property line,
from which the required yard is not provided, shall not exceed 10 feet;
c. The proposed structure contains no more than 120 square feet in total area;
d. No reasonable alternative location exists on the subject property due to special
circumstances regarding the size, shape, topography or location ofthe subject property or the location for
legally constructed pre-existing improvements of the subject property; and
e. Permitting the intrusion onto the required yard will not create a material, negative impact
on the character of nearby residential uses. (Ord. No. 90-43, S 2(115.115(3)), 2-27-90; Ord. No. 00-375, S 24,
2000; Ord. No. 07-559, S 3(Exh. A), 7-3-07)
Article XVII, Landscaping3 [Chapter 19.125 - Outdoors, Yards, and Landscaping]
Sections:
22-1561 Purpose.
22-1562 Applicability.
22-1563 Landscape plan approval.
22-1563.1 Landscape, irrigation and tree plan submittal requirements.
22-1564 General landscaping requirements - All zones.
22-1565 Landscaping types.
22-1566 Landscaping requirements by zoning district.
22-1567 Parking lot landscaping.
22-1568.1 Planting requirements for certain trees.
22 1568 Significant trees.
22-1569 Performance and maintenance standards.
22-1570 Modification options.
22-1571 - 22-1595 Reserved.
22-1561 Purpose.
The purpose of this article is to:
(1) Provide minimum standards for landscaping in order to maintain and protect property values
and to enhance the general appearance of the city.
(2) Encourage creative landscaping designs that utilize native vegetative species, drought-tolerant
species, and retain natural vegetation, in order to reduce the impact of development on the water resources
ofthe city.
(3) Respond to state-level mandates for action in such areas as water conservation, energy
conservation, enhancement of water quality, and improvement of air quality.
3 Editor's note - Ord. No. 93-170, ~ 3, adopted April20, 1993, repealed former Art. XVII, ~~ 22-1561 - 22-1577, relative to
landscaping, and ~ 4(Exh. A) of said Ord. No. 93-170 enacted a new Art. XVII to read as herein set out. The provisions of former
Art. XVII derived from Ord. No. 90-43, S 2, adopted Feb. 27, 1990.
Ordinance No. 09-610 Page 50 of69
(4) Reflect current city planning goals, urban design standards, and ecological awareness.
(5) Provide an appropriate amount and quality oflandscaping related to all land use in the city.
(6) Establish a minimum level of regulation that reflects the purposes of this chapter.
(7) Provide for design flexibility.
(8) Retain significant trees stands of trees and mature vegetation, a valuable natural resource of
the community.
(9) Recognize the unique qualities embodied in public facilities by providing for a reasonable
degree of flexibility in structure while protecting adjacent uses.
(10) Encourage low-impact techniques including the use of native or drought-tolerant plants.
(Ord. No. 93-170, S 4, 4-20-93; Ord. No. 01-390, S 3, 6-5-01)
22-1562 Applicability.
This article shall apply to all development applications in the city, with the exception of individual
single-family residential lots which shall only comply with the applicable requirements of FWCC 22-
~ XXXX Signifieant Trees, for tree and vegetation preservation of signifieant trees. (Ord. No. 93-170,
S 4, 4-20-93)
22-1563 Landscape plan approval.
(a) No permit shall be issued to erect, construct or undertake any development project without prior
approval of a landscape plan by the department of community development.
(b) Required landscape plans for all projects that are subject to the site plan revie'lI proeess as set
forth in f.rtiele Y of this ehapter shall be prepared by a Washington State licensed landscape architect.
(Ord. No. 93-170, S 4, 4-20-93)
22-1563.1 Landscape and irrie:ation plan submittal requirements.
The applicant shall submit the appropriate number oflandscape and irrigation plans for review. as
determined bv the department of community development services. The landscape and irrigation plan
may be provided separately or incorporated into plans submitted for site plan review. Landscaping and
irrigation may be shown on the same plan. No permit for use which is subiect to the requirements of this
section shall be issued until the landscape and irrigation plan for such use has been approved by the
department of community development services.
(a) Landscape plans.
1. Persons qualified to prepare landscape plan. The landscape plan shall be prepared by a
landscape architect licensed in the State of Washington, a nursery professional certified pursuant to the
Washington Certified Nursery Professional program, or a Washington State certified landscape technician.
2. The landscape plan shall be prepared to an appropriate scale, not less than one-inch to
equal 40 feet. necessary to depict the following:
a. Name and address or location ofproiect;
b. Vicinity map;
d. Scale, north arrow, and date of plan;
e. All property lines, impervious surfaces (including the total. paved impervious surface).
vehicular drives, parking lots, proposed structures (including the square footage of such structures),
natural or manmade water features or bodies, above ~ound stormwater detention and treatment areas,
proposed fences and retaining walls, critical lands and associated buffers, and designated recreational
open space areas;
f. All existing and proposed landscape areas showing existing trees and/or vegetation to
be retained and vegetation to be removed and proposed plants to be installed. The area of all existing and
proposed landscaping shall be calculated and shown on the plan;
g. A plant schedule containing the botanical and common names of the new plant
material. existing plant material proposed to be retained, typical spacing for that species, the planting size
of the material. the quantity of each plant, and any special planting instructions;
Ordinance No. 09-610
Page 51 of69
h. All topographic features of the area to be landscaped such as swales. A contour map
detailing intervals at two feet shall be provided: and
i. All existing and proposed drainage and watering facilities.
(b). Irrigation plans. Where an irrigation -plan is required to ensure that the planting will receive
sufficient water for survival and growth. the following shall apply.
1. Persons qualified to prepare plans. The irrigation plan shall be prepared by a Washington
State registered landscape architect or irrigation designer certified by the Irrigation Association.
2. Where automatic irrigation is required, a subsurface irrigation or drip irrigation system
shall be provided in accordance with all state and local rules, regulations, and ordinances, including
approved backflow devices. The tap, service. and meter shall be coordinated with the city's public works
director. The system shall completely cover all planting areas.
3. The spacing of sprinkler heads shall not exceed the spacing recommended by the
manufacturer of the head. Where an area may be utilized by pedestrians, pop-up heads are preferred. The
system shall be designed to achieve maximum water efficiency and overthrow onto public sidewalks or
streets shall be kept to a minimum.
(c). Review of landscape, irrigation, and tree plans. Where landscape, irrigation, or tree plans are
required in concert with other site development permit applications, the plans shall be reviewed bv the
department of community development services or the city's consultant, as determined by the department
of community development services. If the department of community development services designates
the plans be reviewed by the city's consultant, the applicant shall cover the cost of the third party review
as required in accordance with the city's fee ordinance.
22-1564 General landscaping requirements - AU zones.
(a) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses,
and proposed landscaped areas shall be retained in a "native" or predeveloped state. The department of
community development may allow or require supplemental plantings in these areas, pursuant to the
provisions of this chapter.
(b) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in
width, as described in FWCC 22-1565(a), unless determined by the community development review
committee (CDRC) that such screening is not necessary because stored materials are not visually
obtrusive.
(c) Slopes in areas that have been landscaped with lawn shall generally be a 3:1 ratio or less, width
length to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other
areas of plantings, a slope of up to a 2: 1 ratio, width length to height, may be used if acceptable to the
public works director, upon review of a geo-technical/soils study submitted by an applicant to ensure soil
slope integrity.
l'iq1ll'e .1 - Sel:'. 22-1564 (ell
(d) All trash enclosures shall be screened from abutting properties and/or public rights-of-way by a
100 percent sight-obscuring fence or wall and appropriate landscape screen.
Ordinance No. 09-610
Page 52 of 69
(e) Type III landscaping, defined in FWCC 22-l565( c), shall be placed outside of sight-obscuring
fences abutting public rights-of-way and/or easements unless determined by the director of community
development that such arrangement would be detrimental to the stated purpose of this article.
(f) With the exception oflawn areas, at least 25 percent of new landscaping materials (i.e., plants,
trees, and groundcovers) shall consist of drought-tolerant species. All developments are encouraged to
include native Pacific Northwest and drought-tolerant plant materials for all projects.
(g) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet
above the root ball or root structure.
(h) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at
the time of planting.
(i) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at
the time of planting based on the following:
(1) Small shrubs - 12 inches.
(2) Medium shrubs - 18 inches.
(3) Large shrubs - 24 inches.
(j) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in
total coverage of a landscaped area within three years.
(k) Areas planted with grass/lawn shall:
(1) Constitute no more than 75 percent of landscaped areas, provided, there shall be an exception
for biofiltration swales; and
(2) Be a minimum of five feet wide at the smallest dimension.
(1) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade.
(m) Existing clay or sandy soils shall be augmented with an organic supplement.
(n) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation
where plant materials will cover and three inches of mulch over bare soil.
(0) In order to reduce irrigation requirements, design principles using xeriscape techniques are
encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary
to maintain planted vegetation, species that are not drought tolerant should be grouped together and have
irrigation systems, and be separated from any other irrigation system provided for drought-tolerant
speCIes.
(p) Mulch shall be used in conjunction with landscaping in all planting areas to meet xeriscaping
goals, assist vegetative growth and maintenance or to visually compliment plant material. Mulches
include organic materials such as wood chips and shredded bark. Nonvegetative material shall not be an
allowable substitute for plant material.
(q) All development shall comply with city of Federal Way street tree requirements. (See the City of
Federal Way Right-of-Way Vegetation Standards and Specifications Manual).
(r) Landscaping proposed to be located within or adiacent to utility easements shall be reviewed bv
the res?ective utility agency(ies).
(f~) Landscaping and fencing shall not violate the sight distance safety requirements at street
intersections and points of ingress/egress for the development.
(5J) All tree types shall be spaced appropriate for the compatibility of the planting area and the
canopy and root characteristics of the tree.
(t g) All permanent lawn or sod areas shall have permanent irrigation systems.
(\1 y) Screening of blank building walls. Building walls which are uninterrupted by window, door, or
other architectural feature(s) listed in Article XIX, Community Design Guidelines, FWCC 22-1 635(c)(2),
that are 240 square feet or greater in area, and not located on a property line, shall be screened by
landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed.
(v w) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height
of structures.
(w ~) All loading areas shall be fully screened from public right-of-way or non-industrial!
manufacturing uses with Type I landscaping.
Ordinance No. 09-610
Page 53 of 69
[].r=-~
~ ht 1DoI; b9i'
..,...."" .....-n
~~
e
~-= 11
c::::::J g
[] 1_ J ~
~
SiREET
fiqu~e 2 - Sec. 22-15~4(w}
(* y) Use of products made from post consumer waste is encouraged whenever possible.
(y ~) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to
planting of any shrubs, trees, or groundcovers.
(25 aa) Landscaping shall not be required along interior lot lines within a development where parking
is being shared. (Ord. No. 93-170, ~ 4, 4-20-93; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07)
22-1568.1 Plantine: reQuirements for certain trees.
(a) The following types of trees may not be planted closer than the listed minimum planting distance
to rights-of-way or sewers:
Trees Minimum Planting Distance
ill Ailathus altisinia (Tree of Heaven) 25'
ill. Catalpa 25'
ill Cottonwood 40'
ffi Juglamus nigra (Black Walnut) 25'
ill Platanus (Plane. Svcamore) 40'
@ Populus (Poplars) 40'
ill Salix (Willows) 25'
ill Tilia americana (Basswood) 25'
[2} Ulmus (Elm) 40'
(b) In addition to any other enforcement mechanism or penalty contained within or authorized by this
chapter, any person violating this provision is responsible for any damage caused by the tree or trees.
(c) All street trees and other plantings shall be installed in conformance with standard landscaping
practices and with appropriate city guidelines and regulations.
22 1568 Signifieant trees.
(a) Purpose. The pocpose ofthis section is to:
(1) Regulate the removal of trees from property within the oity in order to preserve, proteet and
eFlhaFlce a yaluable natural resoocoe;
(2) Establish standards to limit the removal of and ensure the replaeement of trees sufficioot to
safeguard the ecologieal and aesthetio environment of a eOrmn1.lnity;
(3) Discoocage the unneeessary clearing and disturbance ofland so as to preserve the Flatural and
existiRg gro\vth of vegetation; and
(4) Maintain a minimum rmmber of significant trees.
Ordinance No. 09-610
Page 54 of 69
(b) Definition. /\. signifioant tree shall be defined as:
(1) TwelYe inehes in diameter or 37 inches in cireumferenee measured four and one half f-eet
above ground; and
(2) In good health; and
(3) Not detrimental to the eommunity (e.g., is not diseased, dying, or lik-ely ef falling into publie
opel'l. sflaee or right of 'Nay, ete.) or obsel:lril'l.g safe sight distance requirements. Signifieant trees sfialll'l.et
inelude red alder, eotton'.veed, poplar or big leaf maple.
~,'~\
r'
Figura 10 - Sec. 22-1568(bJ
(e) Standards.
(1) Retention required. Signifieant trees shall be retained on the subject flreperty to the maximum
extent flossible in all deyelopments as follows:
a. If the approved development on the subjeet property vAll reql:lire the remoyal ef mere than
75 percent of the significant trees on the subjeet property, signifieant trees shall be replaeed in ameoot
equal to 25 pereent of the signifieant trees whieh existed on the subjeet property prior to eommeneiRg any
development actiyity.
b. All significant trees located within any required perimeter landseapmg area shall be
retained and/or replaeed.
e. Signifieant trees required to be retained within Ol'l. site sensitive areas ean be l:lsed toward
satisfying the 25 percent on site signifieant tree retention regulations.
d. All significant trees loeated 'Nithin required on site recreatiol'l. 0r epen spaees shall be
retained, pro'lided they do not conflict 'Nith on site aeti'/e reereation areas.
e. The significant tree retention rCCll:lirements of this chapter shall net apply to the city center
zoning distriet.
f. There shall be no cutting of significant trees without authorization frem the eity for the
purpose of preparing that site for futoce de'lelopment.
g. Up to one half of the 25 percent signifieant tree replaeement requirement may be satisfied
by planting larger trees in required landscape areas such as landseape islands, bl:lffers, aHa flcrimeter
landscaped areas. Sueh trees shall be a minimum 12 feet in height for e';ergreen al'l.a tlH-ee and one half
inch ealiper for deciduous or broadleaftrees. Example: 100 on site significant trees requires 25 to be
retained or replaeed. Applicant may plant 13 larger trees within required landseape areas 'Nhieh meet size
requirements mentioned abo'le.
h. }\rtiele XIX of this chapter may apply additional, use speeifie standards related to
significant trees.
(2) The applicant shall submit a tree retentiol'l. plan eoncurrent with the first permit applieatioFl for
that development. The tree retention plan shall eonsist of the follo'Nil'l.g:
a. ,^.. tree Sl:lFVey or cluster SlH"'/ey that identifies the loeation, size, number and speeies of all
significant trees on the site.
b. /\. aevelopment plan identifying the signifieant trees that are proposed to be retained,
removed, transplanted, or replaced, including a [mal report on pereentage retained.
Ordinance No. 09-610 Page 55 of69
(3) Eash retained significant tree flet loeated within perimeter landseaping may be eredited as two
trees f-or pUTfleses of eomplying with the retention requirements of ooeseetiOll (e)(I)(a) of this seetiOll,
proyided the tree meets at least Ofle ef the following eriteria:
a. The tree is lecMed in a grouping of at least fi'l'e trees 'lIith eanopies that teaeh or overlap;
er
b. The tree pro'lides energy savings tlH-ough Ylinter wind protestiefl or summer shading as a
result of its 10eatiOll relati'le to proposed buildings; or
c. The tree belongs to a unique or l:lfHisual speeies of nati'/e or non native tree flet lisually
found leeally.
(1) 'Where it is not feasible to retain required signifieant trees due to site eenstraints ineluding, but
not liFllited to, topography, ingress/egress requirements, existing and flrepesea utility 10eatioBs, trails,
storm drainage improvements, a site speeifie tree plaa, draym to scale, shall be flrepared. The tree plan
shall ShO'N the preeise loeation of all significant trees on the site, ifl relatiefl to the proposed b1:1ildings,
streets, parking areas, required landseaped areas, socface water faeilities, afld utilities. The direeter of
community development shall review the plan in relation to the proposed development to enSlH"e tree
removal is the minimum amount neeessary to comply 'lIith the proposed development and meet the
purposes of this ehapter.
(5) 'When req1:1ired signifieant trees eannot be retained (see subsestien (e)( 1) of this sectieB),
signifieant trees that are removed shall be replaeed with:
a. Transplanted or retained on site trees four ineh ealiper or larger, wIlieh meet the definition
of signifieaffi tree in all manner except size, and appro'l'ed by the eommunity develepment direetor, based
uflon the director's assessment efthe location of the tree in relatiofl te the proposed site develepment; or
b. New evergreen trees that are a miRimtm1 10 feet in height, or deeidueas trees that are a
minimum tlH-ee ineh ealifler.
The fllHflber of replaeement trees, eembined with the number of retained signifieant trees, shall eqt:Hll 25
perceffi efthe amount of on site signifieant trees which existed flrior to de'lelopment.
(6) The following management praetiees shall be observed on sites eon-tainiBg signifieant trees, te
provide the best proteetion for significant trees:
a. No elea-ring shall be allo'Ned on a proposed development site Ufltil the tree retention and
landseape plans have been appreved by the eity of Federal Way;
b. ,^.. no dismrbanee area, whieh shall be defined to be to the drip liBe of the signifieant tree,
shall be identified during the eonstruction stage with either:
1. A temporary fi'le foot chain link fenee;
2. A line of five foot high, orange eolored 1'.'10 by fooc inch stak-es plaeed no more than
tefl feet apart conneeted by highly visible surveyor's ribbon;
c. No impervious socfaces, fill, exeavation, or storage of construetiofl materials shall be
permitt-ed within the no disturbance area;
d. If the grade level armma the tree is to be raised by more tha-n one f-eet, a reek well shall be
construetea. The inside diameter of the reek '.vell shall be equal to the diameter of the tree trunk plus 10
feet. Proper drainage, and irrigation ifneeessary, shall be pro'.>i.ded in all reek 'Nells;
e. The grade level shall not be loy;ered witllin the larger ofthe twe areas defined as follows:
1. The drip line of the tree(s); or
2. <,ill area around the tree equal te eI'le f-oot in diameter of eaeh iBsn of tree trunk
dia-meter measured four feet above the ground;
f. f..1ternative proteetion metheds may be used if aeeepted by the direster of eommunity
development department to provide equal or greater tree protectien;
g. Encroachment into the no dismrbance area may be allowed where the direetor determines
encroaehment would not be detrimental to the health efthe tree. (Ord. No. 93 170, ~ 4, 1 2093; Ord. No. 07
559, ~ 3(Exh. A), 7 3 07)
22-1569 Performance and maintenance standards.
Ordinance No. 09-610
Page 56 of 69
(a) Performance.
(1) All required landscaping shall be installed prior to the issuance of a certificate of occupancy
(CO) or final inspection~, unless the applicant submits a performance assurance as noted in 22-1 569(a)(2).
(2) Performance assurance. If the required landscaping pursuant to an approved site plan will not
be installed prior to the issuance of certificate of occupancy, a performance bond or assignment of funds
in a form acceptable to the city attorney must be provided to the city to not less than 125% of a
contractor's bid. The bond or assignment of funds must be approved by the city and will commit to install
the landscape plantings within six months. The bond must be submitted on forms supplied by the city.
The bid bond amount must include labor and materials.
(2) When landscaping is required pursuant to this chapter, an inspection shall be performed to
verify that the installation has been installed pursuant to the standards of this chapter.
(3) Upon completion of the landscaping work, the community development department shall
inspect the landscape upon request for compliance with the approved landscape plan.
(4) A CO or final inspection may be issued prior to completion of required landscaping provided
the following criteria are met:
a. An applicant or property owner files a written request with the department of community
development prior to five days of a CO inspection;
b. The request contains an explanation as to why factors beyond the applicant's control, or
which would create a significant hardship, prevent the installation of the required landscaping prior to
issuance of the CO;
c. The property owner has demonstrated a good faith effort to complete all required
landscaping.
(5) The time period extension for completion of the landscaping shall not exceed 90 days after
issuance of a certificate of occupancy to install required landscaping.
(6) Failure to complete landscape installation by an established 90-day extension date shall
constitute a zoning violation. If a performance bond has been used, the city shall use the bond to complete
the required landscaping. If the amount of the bond or cash deposit is less than the cost incurred by the
city, the applicant/property owner shall be liable to the city for the difference. If the amount of the bond
or assignment of funds exceeds the cost incurred by the city, the remainder shall be released.
(b) Maintenance. The purpose of this section is to establish minimum maintenance standards for
landscaping.
(1) Plant maintenance. Maintenance of planted areas shall include continuous operations of
removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement;
appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever
possible; watering; or other operations necessary to assure normal plant growth. In particular,
maintenance shall promote landscape performance criteria of this chapter. Plant materials that have died
shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept
reasonablv free of noxious weeds and trash.
(2) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained
in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from
any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of non maintenance.
(3) Other maintenance. Maintenance of all landscaped areas shall also include operations as
needed of painting, repairing, reconstruction, and rehabilitation of landscape structures such as walls,
fences, overheads, trellises, and the removal of trash.
(4) Failure to comply with landscape maintenance standards shall constitute a zoning violation
under FWCC 22-11. (DId. No. 93-170, 9 4, 4-20-93)
22-1570 Modification options.
(a) Purpose. The purpose ofthis section is to provide an opportunity for development of exceptional
or unique landscape designs that do not meet the express terms ofFWCC 22-1564 through 22-1567,
and/or flexibility oflandscape designs. The director of community development services shall have the
Ordinance No. 09-61 0
Page 57 of 69
authority, consistent with the criteria stated herein, to modify specific requirements or impose additional
requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this
chapter and to allow for flexibility and creative design. Special circumstances or unique conditions shall
be reviewed with the director of community development services concurrent to submittal the review of a
landscape plan. Examples of special conditions might include:
(1) Preservation of unique wildlife habitat;
(2) Preservation of natural or native areas;
(3) Compliance with special easements;
(4) Renovation of existing landscaping;
(5) Unique site uses.
The alternative landscape modifications described in subsections (c) through (f) of this section
shall be allowed only if the proposed modification meets the threshold criteria of subsection (b) of this
section, in addition to the special criteria of subsections (c) through (f) of this section. In the case of
public parks, schools, and public recreational facilities, these uses must meet subsections (a)(I) through
(a)(4) of this section only.
(b) Modifications to the landscape standards may be granted by the director of community
development if:
(1) The proposed modification represents a superior result than that which could be achieved by
strictly following the requirements of this chapter; and
(2) The proposed modification complies with the stated purpose of this chapter and any
applicable subsections of this chapter; and
(3) If the proposed modification will not violate any city of Federal Way City Codes or
ordinances. In particular, a modification shall not be a substitute for any zoning variance; and .
(4) Where applicable, the proposed modification would result in an increased retention of
significant trees and/or naturally occurring vegetation on the site;
(5) The proposed modification also satisfies the criteria listed in subsection (b), (c), (d), (e), or (f)
of this section.
(c) The width of the perimeter landscaping may be reduced up to 25 percent when: (1) ,Ai development
retains an aaditional 10 pereent of signifieant trees er 10 signifieant trees per aere on site, vlhieheyer is
greater. (~1he proposed landscaped area incorporates a combination of plant materials, berms a
minimum of three feet in height, and architectural elements of appropriate height and scale sufficient to
act as an efficient substitute for the three-foot berm.
(d) The landscaping requirement may be modified when necessary, because of special circumstances
relating to the size, shape, topography, vegetation, location or surroundings of the subject property, to
provide it with use rights and privileges permitted to other properties in the vicinity and zone in which it
is located, or if strict application would result in scenic view obstruction.
(e) Perimeter landscape strips may be averaged, provided the minimum width shall not be less than 50
percent of the underlying width requirement.
(f) If the property abutting the subject property is in the same or a more intensive land use zoning
district than the subject property, the landscaping required along that common interior property line may
be reduced by 25 percent in area. In addition, the remaining 75 percent ofthe required landscaping may
be relocated upon approval of the community development director, consistent with the standards of this
chapter.
(g) Biofiltration swales and other surface water/water quality structures may be incorporated into
required landscape areas provided the landscaping standards of this chapter are met and the integrity of
the surface water function is not compromised. The community development director shall approve any
modification ofthis nature.
(h) Modification submittal requirements. A request for modification shall:
(1) Be submitted in the same form and according to the same terms as the required landscape
documents of this section and subject to the same enforcement requirements; and
(2) Be clearly labeled as "Landscape Modification Plan"; and
Ordinance No. 09-610
Page 58 of 69
(3) Clearly delineate and identify the deviations requested from the provisions of this or any other
section;
(4) Be approved by the community development director.
(i) Pedestrian facilities, transit stops, and handicapped access may be allowed in required landscape
areas without requiring additional buffer area, provided that the intent of this article is met and that the
function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised.
(Ord. No. 93-170, S 4, 4-20-93; Ord. No. 01-390, S 3, 6-5-01)
Article XIX, Community Design Guidelines
22-1634 Site design - All zoning districts.
(a) General criteria.
(1) Natural amenities such as views, significant or unique trees, or groupings of trees, creeks,
riparian corridors, and similar features unique to the site should be incorporated into the design.
(2) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian
areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters.
Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies,
gazebos, transparent glass at the ground floor, and landscaping.
(3) Pedestrian areas should be easily seen, accessible, and located to take advantage of
surrounding features such as building entrances, open spaces, significant landscaping, unique topography
or architecture, and solar exposure.
(4) Project designers shall strive for overall design continuity by using similar elements
throughout the project such as architectural style and features, materials, colors, and textures.
(5) Place physical features, activities, and people in visible locations to maximize the ability to be
seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase
natural surveillance by park users, and place laundry facilities near play equipment in multiple-family
residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where
they make it difficult to observe activity.
(6) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc.,
or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All
of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to
happen.
(7) Design buildings and utilize site design that reflects ownership. For example, fences, paving,
art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying
intruders is much easier in a well-defined space. An area that looks protected gives the impression that
greater effort is required to commit a crime. A cared-for environment can also reduce fear of crime. Areas
that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that
do not display such characteristics.
(b) Surface parking lots.
(1) Site and landscape design for parking lots are subject to the requirements of Article XVII of
this chapter.
(2) Vehicle turning movements shall be minimized. Parking aisles without loop access are
discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage.
(3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian
circulation on-site or to adjoining properties. Driveways should be shared with adjacent properties to
minimize the number of driveways and curb cuts.
(4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are
encouraged to incorporate retail pads against the right-of-way to help break up the large areas of
pavement.
Ordinance No. 09-610
Page 59 of 69
(5) See FWCC 22-1638 for supplemental guidelines.
(c) Parking structures (includes parking floors located within commercial buildings).
(1) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized
by placing its short dimension along the street edge. The parking structure should include active uses such
as retail, offices or other commercial uses at the ground level and/or along the street frontage.
(2) Parking structures which are part of new development shall be architecturally consistent with
exterior architectural elements of the primary structure, including rooflines, facade design, and finish
materials.
(3) Parking structures should incorporate methods of articulation and accessory elements,
pursuant to FWCC 22-1635(c)(2), on facades located above ground level.
(4) Buildings built over parking should not appear to "float" over the parking area, but should be
linked with ground level uses or screening. Parking at grade under a building is discouraged unless the
parking area is completely enclosed within the building or wholly screened with walls and/or landscaped
berms.
(5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the
building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not
permitted.
(6) Parking structures and vehicle entrances should be designed to minimize views into the garage
interior from surrounding streets. Methods to help minimize such views may include, but are not limited
to, landscaping, planters, and decorative grilles and screens.
(7) Security grilles for parking structures shall be architecturally consistent with and integrated
with the overall design. Chain-link fencing is not permitted for garage security fencing.
(8) See FWCC 22-1638(c)(4) for supplemental guidelines.
(d) Pedestrian circulation and public spaces.
(1) Primary entrances to buildings, except for zero lot line townhouse development and attached
dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the
right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking
lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated.
(2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using
a variation in paved texture and color, and protected from abutting vehicle circulation areas with
landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate;
or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged.
Fijfl1l"Cl-Scc.22.16.14ldl
,...........,._,......Ft.o.w.
(3) Pedestrian connections should be provided between properties to establish pedestrian links to
adjacent buildings, parking, pedestrian areas and public rights-of-way.
(4) Bicycle racks should be provided for all commercial developments.
(5) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs,
trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone
booths, fencing, etc., should be incorporated into the site design.
(6) See FWCC 22-1638 for supplemental guidelines.
(e) Landscaping. Refer to Article XVII of this chapter for specific landscaping requirements and for
definitions oflandscaping types referenced throughout this article.
(f) Commercial service and institutional facilities. Refer to FWCC 22-949 and 22-1564 for
requirements related to garbage and recycling receptacles, placement and screening.
Ordinance No. 09-610
Page 60 of 69
(1) Commercial services relating to loading, storage, trash and recycling should be located in such
a manner as to optimize public circulation and minimize visibility into such facilities.
Service yards shall comply with the following:
a. Service yards and loading areas shall be designed and located for easy access by service
vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a
nuisance for adjacent property owners.
b. Trash and recycling receptacles shall include covers to prevent odor and wind-blown litter.
c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with
the primary building(s) relative to architecture, materials and colors.
f~llr: -' - s.c. 2~-lC;.~4Cl
TJasl" am $ID rag. a.rll$
~-
~~(
,. .
'.i,i.\lJre':- ~~;:.. ~'1:. 1~.~4.:fl
Lf1l)di~9 31feoa!E
d. Chain-link fencing shall not be used where visible from public streets, on-site major drive
aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used.
(2) Site utilities shall comply with the following:
a. Building utility equipment such as electrical panels and junction boxes should be located in
an interior utility room.
b. Site utilities including transformers, fire standpipes and engineered retention ponds (except
biofiltration swales) should not be the dominant element of the front landscape area. When these must be
located in a front yard, they shall be either undergrounded or screened by walls and/or Type I
landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs,
and/or driveways.
(g) Miscellaneous site elements.
(1) Lighting shall comply with the following:
a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC 22-954(c).
b. Lighting shall be provided in all loading, storage, and circulation areas, but shall
incorporate cut-off shields to prevent off-site glare.
c. Lighting standards shall not reduce the amount of landscaping required for the project by
Article XVII of this chapter, Landscaping.
(2) Drive-through facilities, such as banks, cleaners, fast food, drug stores and service stations,
etc., shall comply with the following:
a. Drive-through windows and stacking lanes are not encouraged along facades of buildings
that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from
such street by Type III landscaping and/or architectural element, or combination thereof; provided, such
elements reflect the primary building and provide appropriate screening.
b. The stacking lane shall be physically separated from the parking lot, sidewalk, and
pedestrian areas by Type III landscaping and/or architectural element, or combination thereof; provided,
such elements reflect the primary building and provide appropriate separation. Painted lanes are not
sufficient.
Ordinance No. 09-610
Page 61 of 69
c. Drive-through speakers shall not be audible off-site.
d. A bypass/escape lane is recommended for all drive-through facilities.
e. See FWCC 22-l638(d) for supplemental guidelines. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No.
99-333, S 3,1-19-99; Ord. No. 00-382, S 3, 1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 06-515, S 3, 2-7-06;
Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07)
22-1635 Building design - All zoning districts.
(a) General criteria.
(1) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step
up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is
precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed
function or use of the site. See FWCC 22-XXXX for related standards for development on sites with
slopes of 15% or greater.
Ti:Ju1-" :) - ~r.\:. ..!"~ - . (,1::: (Jt;
em...ha...~inO 1I11.,r&IIQ~OgraPtv
(2) Building siting or massing shall preserve public viewpoints as designated by the
comprehensive plan or other adopted plans or policies.
(3) Materials and design features of fences and walls should reflect that of the primary building( s)
and shall also meet the applicable requirements ofFWCC 22-XXX, Rockeries and retaining walls.
(b) Building facade modulation and screening options, defined. Except for zero lot line townhouse
development and attached dwelling units, all building facades that are both longer than 60 feet and are
visible from either a right-of-way or residential use or zone shall incorporate facade treatment according
to this section. Subject facades shall incorporate at least two of the four options described herein; except,
however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII of this
chapter, Landscaping, may use facade modulation as the sole option under this section. Options used
under this section shall be incorporated along the entire length of the facade, in any approved
combination. Options used must meet the dimensional standards as specified herein; except, however, if
more than two are used, dimensional requirements for each option will be determined on a case-by-case
basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of
200 square feet. See FWCC 22-l638( c) for guidelines pertaining to city center core and city center frame.
(1) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60
feet. Alternative methods to shape a building, such as angled or curved facade elements, off-set planes,
wing walls and terracing, will be considered; provided, that the intent of this section is met.
Ordinance No. 09-61 0
Page 62 of 69
."- :..:.:~/f' ....,.. .~
~
...... -.
o ~.AI;..... ...
J
(i,'MJ"'-("D'MM.
Figure 6 - Sec. 22 - 1635 (b)
Incorporating modulallons
(2) Landscape screening. Eight-foot-wide Type II landscape screening along the base of the
facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or
more window area, and around building entrance(s). For building facades that are located adjacent to a
property line, some or all of the underlying buffer width required by Article XVII of this chapter,
Landscaping, may be considered in meeting the landscape width requirement of this section.
: 0* ll<Q,Jo
.0*0 0"'...
: ~.\q.,'"
~~-
Figure 7 - Sec. 22 -1635 (b)
Incorporating landscaped buffers
(3) Canopy or arcade. As a modulation option, canopies or arcades may be used only along
facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using
this option.
t ~.
'ai::;j> .~
~ ! ~
Figure 8 - Sec. 22 - 1635 (b)
Incot'por.lWtg QnopylMeade
(4) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor
area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and
accessible from the adjacent right-of-way.
Ordinance No. 09-610
Page 63 of 69
+
I
J
1
"fL~A.e
Figure 9 - Sec. 22 - 1635 (b)
Incorporating pedeSlrlan plaza
(c) Building articulation and scale.
(1) Except for zero lot line townhouse development and attached dwelling units, building facades
visible from rights-of-way and other public areas should incorporate methods of articulation and
accessory elements in the overall architectural design, as described in subsection (c )(2) of this section.
r= .rm;(' I" _ 5~" ')-... J ~",s~. ".
b;;j'd,,- ~,~~~'b. ,--...
.. --..-,===;"
':0-","
:'icun.' II oS"". :l~- ](,]., i::,
....1;1$.01)' ~I. m..1S .
........~l .....
~
~"
Showell.. windows
Figure 12 . Sec. 22 - 1635 (c)
Landscaping
Aftwork.Mural
Ordinance No. 09-610
Page 64 of 69
[UDB. . B. a;~. D D DC iJ-.......:.
. .. .'-
. .. .
-< : .... ..:"-:-J '~.. t.
\
ArchItedUral ".tures Alchitectuflll llealulU Mal.,.. v.ria\lOn~ Undscaped public" plazas
Fi.2:UfC 13 . Sec. 22 ~ 1635 (e)
(2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate
blank walls, pursuant to FWCC 22-1564(u) and subsection (c)(l) ofthis section:
a. Showcase, display, recessed windows;
b. Window openings with visible trim material, or painted detailing that resembles trim;
c. Vertical trellis(es) in front of the wall with climbing vines or similar planting;
d. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with
plant material that will obscure or screen the wall's surface;
e. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork,
sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts
commission may be used as an advisory body at the discretion of the planning staff);
f. Architectural features such as setbacks, indentations, overhangs, projections, articulated
cornices, bays, reveals, canopies, and awnings;
g. Material variations such as colors, brick or metal banding, or textural changes; and
h. Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian
activities.
(3) See FWCC 22-l638(c) for supplemental guidelines. (Ord. No. 96-271, S 3, 7-2-96; Ord. No. 99-
333, S 3, 1-19-99; Ord. No. 00-382, S 3, 1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 06-515, S 3, 2-7-06; Ord.
No. 07-554, S 5(Exh. A(15)), 5-15-07)
22-1638 District guidelines.
In addition to the foregoing development guidelines, the following supplemental guidelines apply to
individual zoning districts:
(a) Professional office (PO), neighborhood business (BN), and community business (BC).
(1) Surface parking may be located behind the building, to the side(s) of the building, or
adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way
maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way;
and shall incorporate windows and other methods of articulation.
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent
glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
access to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way
or pedestrian area.
(6) Ifutilized, chain-link fences visible from public rights-of-way or adjacent properties, and
not screened by Type I landscaping as defined by Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For residential uses only:
(7) }Jl sigIlificant trees within a 20 feet flerimetef strip around the site shall be retained
and/or replaeed within the aflplieable required landseape buff-er.
(81) Landscaped yards shall be provided between building(s) and public street(s). Parking
lots should be beside or behind buildings that front upon streets.
(9~) Parking lots should be broken up into rows containing no more than lO adjacent stalls,
separated by planting areas.
Ordinance No. 09-610 Page 65 of69
(W2) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of
the project and the public sidewalk.
(+l-10) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields.
20.
Figure 16 - Sec. 22 - 1638 (a)
(+2-11) Principal entries to buildings shall be highlighted with plaza or garden areas
containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed
so windows overlook them.
Figure 17 - Sec. 22 - 1638 (a)
(.g12) Common recreational spaces shall be located and arranged so that windows overlook
them.
Figure 18 - Sec. 22 - 1638 (a)
Ordinance No. 09-610
Page 66 of 69
(1-413) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent
to them so those exterior portions of the site are controlled by individual households.
Figure 19 - Sec. 22 - 1638 (a)
(#14) All new buildings, including accessory buildings such as carports and garages, shall
appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12.
Figure 20 - Sec. 22 - 1638 (a)
(MU) Carports and garages in front yards should be discouraged.
(1-+ 16) The longest dimension of any building facade shall not exceed 120 feet. Buildings on
the same site may be connected by covered pedestrian walkways.
(+817) Buildings should be designed to have a distinct "base," "middle" and "top." The base
(typically the first floor) should contain the greatest number of architectural elements such as windows,
materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison,
may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a
flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc.
Ii' ~111\':. ~ I - Sl';l,~ '.i' - . (,:;Il (a ~
(+918) Residential design features, including but not limited to entry porches, projecting
window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading
or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim
material or painted detailing that resembles trim.
(;W19) Subsection (a)(H14) of this section shall apply to self-service storage facilities.
Ordinance No. 09-610
Page 67 of 69
(b) Office park (OP), corporate park (CP), and commercial enterprise (CE).
(1) Surface parking may be located behind the building, to the side(s) of the building, or
adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way
maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way.
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent
glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
accessibility from the building to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way
or pedestrian area.
(6) Ifutilized, chain-link fences visible from public rights-of-way or adjacent properties, and
not screened by Type I landscaping as defined in Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For non-single-family residential uses only:
(7) Subsections (a)(5) through (a)(17) of this section shall apply.
(c) City center core (CC-C) and city center frame (CC-F).
(1) The city center core and frame contain transitional forms of development with surface
parking areas. However, as new development or redevelopment occurs, the visual dominance of surface
parking areas shall be eliminated or reduced.
Therefore, parking shall be located behind building(s), with building(s) located between
rights-of-way and the parking area(s), or in structured parking, and any parking located along a right-of-
way is subject to the following criteria:
a. In the city center core, surface parking and driving areas may not occupy more than 25
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
b. In the city center frame, surface parking and driving areas may not occupy more than
40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
c. A greater amount of parking and driving area than is specified in subsections (c)(1)(a)
and (b) of this section may be located along other rights-of-way; provided, that the parking is not the
predominant use along such right-of-way, as determined by the director.
(2) Principal entrance facades shall front on, face, or be clearly recognizable from the right-
of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects
exposed to more than one right-of-way.
(3) Building facades shall incorporate a combination of facade treatment options as listed in
FWCC 22-l635(b) and 22-l635(c)(2), to a degree that is appropriate to the building size, scale, design,
and site context, and according to the following guidelines:
a. Principal facades containing a major entrance, or located along a right-of-way, or
clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented
architectural treatments, including distinctive and prominent entrance features; transparent glass such as
windows, doors, or window displays in and adjacent to major entrances; structural modulation where
appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural
articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At
least 40 percent of any ground level principal facade located along a right-of-way must contain
transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows,
walkways, and open space, and may include container gardens, wall and window planters, hanging
baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping
Ordinance No. 09-610
Page 68 of 69
should not block views to the building or across the site. Foundation landscaping may be used to enhance
but not replace architectural treatments.
b. Secondary facades not containing a major building entrance, or located along a right-
of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that
are less pedestrian-oriented than in subsection (c)(3)(a) of this section, such as a combination of structural
modulation, architectural articulation, and foundation landscaping.
c. Principal facades of single-story buildings with more than 16,000 sq. ft. of gross
ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and
achieve a human scale. This may be accomplished through such design techniques as a series of
distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major
pedestrian plaza adjacent to the entrance.
(4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and
any pedestrian plazas and public on-site open space to primary building entrances. Where a use fronts
more than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the
right-of-way nearest to the principal building entrance. Multiple-tenant complexes shall provide
pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be
clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated
with the landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six
feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be
protected from abutting parking and vehicular circulation areas with landscaping.
(5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction
with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian
plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and
shall meet the separation, screening, and design standards listed in FWCC 22-1634(g)(2)(b), (c), and (d).
(6) Above-grade parking structures with a ground level facade visible from a right-of-way
shall incorporate any combination of the following elements at the ground level:
a. Retail, commercial, or office uses that occupy at least 50 percent of the building's
lineal frontage along the right-of-way; or
b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or
c. A decorative grille or screen that conceals interior parking areas from the right-of-way.
(7) Facades of parking structures shall be articulated above the ground level pursuant to
FWCC 22-1635(c)(1).
(8) When curtain wall glass and steel systems are used to enclose a building, the glazing
panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian
area.
(9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used.
(10) For residential uses, subsections (a)(6) through (a)(9), (a)(1l), (a)(12), (a)(14), (a)(16),
and (a)(17) of this section shall apply.
(d) For all residential zones.
(1) Nonresidential uses. Subsections (a)(5) through (a)(lO) and (a)(13) through (a)(17) of this
section shall apply.
(2) Non-single-family residential uses except for zero lot line townhouse residential uses and
attached dwelling units. Subsections (a)(5) through (a)(17) of this section shall apply.
(3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9),
(a)(II) through (a)(14), and (a)(17) of this section shall apply. (Ord. No. 96-271, S 3,7-2-96; Ord. No. 99-
333, S 3,1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 05-506, S 3,10-18-05;
Ord. No. 06-515, S 3, 2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07; Ord. No. 07-559, S 3(Exh. A), 7-3-07)
Ordinance No. 09-61 0
Page 69 of 69