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ORD 09-611 CITY OF FEDERAL WAY ORDINANCE NO. 09-611 AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FOREST PRACTICES REGULATIONS; ADDING NEW SECTIONS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XIII, DIVISION 7 [FWRC 19.120]. 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 regulations allowing for the transfer of jurisdiction of Class IV -General forest practices applications that pertain to the conversion of forest land to developed conditions within the City of Federal Way; and WHEREAS, the transfer of jurisdiction of Class IV -general forest practices applications will help implement companion code amendments pertaining to Clearing, Grading and Tree and Vegetation Retention; and WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the 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 to the City Council; 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; Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Ordinance No. 09-611 Page 1 of8 Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the Proposal: 1. The best interests and general welfare of the City of Federal Way would be served by amending the zoning code to allow for transfer of jurisdiction of review of Class IV-General Forest Practices applications because: a. The review of Class IV -General Forest Practices applications would be conducted by City of Federal Way staff concurrent with the review of clearing and grading plans and tree/ vegetation retention plans; and b. Approval of Class IV -General Forest Practices applications would run concurrent with approval of associated land use and/or building permit associated with a project represented by the forest land conversion to non-forest use; and c. Timing of the forest practices actions would be tied to the overall site development timeline approved for the overall project. 2. Since most forest practices within the City of Federal Way are Class IV-General conversions of forest land to a developed non-forest use, taking over jurisdiction for approval of these actions will simplify the review process for project applicants as the forest practices review can be conducted by city staff along with other permit review requirements. 3. Adoption of the zoning code amendments will help implement comprehensive plan land use and housing element policies that specify improving upon the permit review process and maximizing efficiency in the permit review process. 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. LUP6 Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. 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. Ordinance No. 09-611 Page 2 of8 NEG 1 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) 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. 2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare because it 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 a 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. Ordinance No. 09-611 Page 3 of8 Section 3. New sections. New sections are added to FWCC chapter 22, article XIII, division 7 [FWRC 19.120] as set forth in the attached Exhibit A. Section 4. 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 5. 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 6. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one, specifically Ordinance No 09-610 relating to land modification including clearing, grading, and tree and vegetation retention; 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. 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 of the City Council on the 7 day of April 2009. APPROVED: ATTEST: Ordinance No. 09-611 Page 4 of8 APPROVED AS TO FORM: faA:/f ~ City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: 03-10-2009 PASSED BY THE CITY COUNCIL: 04-7-2009 PUBLISHED: 04-11-2009 EFFECTIVE DATE: 05-11-2009 ORDINANCE No: 09-611 Ordinance No. 09-611 Page 5 of8 EXHIBIT A FOREST PRACTICES REGULATIONS Chapter 22, Zoning Article XIII, Diyision 7. [FWRC Chapter 19.120] LaRd l\fadifieatioBs Clearin2, Gradin2, and Tree and Ve2etation Retention Division I, Purpose, Applicability, and Application Requirements 22-XXXl Purpose. The purpose ofthis 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 topography, 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 by 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 possible. (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: Hi. Stabilizing and enriching the soil: iv. Improving air quality: v. Improving water quality: vi. Masking unwanted sound: 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 establish procedures and review criteria for approval of Class IV -General forest nractices. (~6) To encourage site development, including clearing, excavation, and filling, in such a manner as to minimize hazards to life, health, and property. (67) To minimize surface water and ground water run-off and diversion which may contribute to increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies. ffi) To minimize the need for additional storm drainage facilities. .@2) To protect fish, wildlife, and their habitats by promoting the retention and restoration of vegetation in habitat areas. (910) To insure prompt develo?ment. restoration, replanting, and effective erosion control of property after land clearing and grading. 22-XXX2 Applicability. (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 by clearing, grading, filling, or drainage alteration Ordinance No. 09-611 Page 60f8 in the city of Federal Way without first obtaining approval of a clearing and grading plan by 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. Tree and ve!!etation removal mav also reauire Class IV- General Forest Practices aoolication aooroval as administered bv the city of Federal Wav oer FWCC 22- XX23 et sea. (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 conjunction with the underlying building or land development 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, subject to the following criteria: (i) Except 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. Division 4~ Forest Practices Rel!ulations 22-XX23 Authority. This division is established to regulate Forest Practices - Class IV -General pursuant to RCW 76.09 and WAC 222-20. 22-XX24 Relationship to Chapter 76.09 RCW. a. The application of this chapter to forest practice activities regulated by the Washington State Forest Practices Act (Chapter 76.09 RCW) shall be limited to Class IV - General forest practices. b. This division is intended to allow the city of Federal Way to assume jurisdiction for approval of Class IV - General forest practices approvals, occurring in the city of Federal Way, as authorized under the Washington State Forest Practices Act, Chapter 76.09 RCW. The city will act as the State Environmental Policy Act (SEP A) lead agency for all Class IV - General forest practice approvals occurring within the city limits. 22-XX26 Forest practice application requirements. (a) General Requirements. (1) A Class IV-General application shall be approved based on an approved clearing and grading plan and tree and vegetation retention plan and prior to conducting forest practices on the project site. (2) All Class IV -General applications shall describe the harvest method, including type of equipment to be used and the expected dates of commencement and completion of all harvest activities. (b) Review Criteria. (1) Class IV -General forest practices shall comply with all applicable regulations and standards as adopted by the city. (2) Class IV -General forest practices shall comply with the conditions of approval established through the associated development permit or approval. Ordinance No. 09-611 Page 70f8 22-XX27 Time limitations - Expiration of approvals. A Class IV -General approval shall be valid for two consecutive years following the date of issuance unless a longer time period has been established through an associated approval (e.g., preliminary plat approval. land use approval. building permit, etc.) in which case the time limits applicable to the associated approval shall apply. Ordinance No. 09-611 Page 8 of8