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HomeMy WebLinkAboutLUTC PKT 10-04-2004 ~ City of Federal Way . City Council . Land Use/Transportation Committee City Hall I Council Chambers October 4, 2004 5:30 pm MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: September 20,2004 3. PUBUC COMMENT (3 minutes) 4. BUSINESS ITEMS c. Devonshire Final Plat Application (29-lot single family subdivision) Action Perez/15 min Action Zukowski/15 min Action Michaelson/l0 min Action Gamble/l0 min Action Clark/15 min A. Setting Public Hearing for 2005-2010 Transportation Improvement Plan City Center Access Study - Stake Holder Addition Approval B. D. Crosspointe Preliminary Plat E. Critical Aquifer Recharge Areas and Wellhead Protection Areas Code Amendment 5. FUTURE MEETINGS/AGENDA ITEMS ADJOURN 6. Committee Members Jack Dovey, Chair Eric Faison Michael Park City Staff Kathy McClung, Director, Community Development 5erviœs Krystal Kelsey, Administrative Assistant 253-835-2701 K:\COUNCIL\LlJTC STAFFING - 2004\10-04-04 AGENDA.doc :<:, "" : ','," ~,'" ,'>C' ", ,:1]': .:':;~1;~~Q!~9.rràiVYåY'.':~::" . "", '.',:."7,~,",:,:,~",,',,,',";'~"'::',..:',:,,::,~,~:,.,t";'~':,::,'.:,:.~"'.',:,',,,,',~.'~,:::,:,:!'!'.~, -,:;,,;,:ü,',.,,'¥,',,',,',,',':,::::~:~""",:::.:" ",.'.'. , "':":;7'~;:~¡?GitYJCouncil ::;~ ./) . "', . ~ ~';. Land UselTransportation CorTimittee J. , ,"'. ' "':r, September 20, 2004 5:30 p.m. '" ',"'" , ", ,'City Hall Council Chambers MEETING MINUTES In attendance: Committee Members Jack Dovey, Chair, Eric Faison and Michael Park; Mayor Dean McColgan, Deputy Mayor Linda Kachmar, Council Member Jeanne Burbidge, Council Member Jim Ferrell; Deputy City Attorney Karen Kirkpatrick; Public Works Director Cary Roe; Community Development Services Director Kathy McClung; City Traffic Engineer Rick Perez; Street Systems Manager Marwan Salloum, and Administrative Assistant Krystal Kelsey. 1. CALL TO ORDER Chair Dovey called the meeting to order at 5:33 pm, 2. APPROVAL OF MINUTES The summary minutes of the September 20, 2004, meeting was approved as presented, 3. PUBUc COMMENT None. 4. BUSINESS ITEMS A. 2004/2005 COMMUTE TRIP REDUCTION (CTR) ACT AGREEMENT - Mr. Perez presented the staff report to the Committee. There were no questions from the Committee. The Committee m/s/c to place the staff recommendation on the October 5, 2004 Council Consent Agenda. B, STREET VACATION ORDINANCE REVISIONS - Mr. Salloum presented the staff report, and made special note that the attachment as distributed in the packets had been updated/replaced with the version distributed at the beginning of this meeting. The Committee discussed historical and potential impacts/funds received and the requirements of this new law, The Committee m/s/c to place the staff recommendation on the October 5, 2004 Council Consent Agenda. C. WEYERHAEUSER WAY & SOUTH 336TH STREET ROUNDABOUT PROJECT - PROJECT ACCEPTANCE - Mr. Salloum presented the staff report to the Committee. Mr. Salloum reported that the project had come in under budget and before the project deadline. Mr. Salloum further noted that the Weyerhaeuser Company would be presenting a letter of appreciation to the City at the next Council meeting. The Committee inquired about the savings of $104,000 and specifically how the money would be applied back into the budget. Mr. Salloum explained that because Weyerhaeuser had paid for half of the project, they would also benefit from half the savings. Traditionally, money saved goes back into the unallocated street capital fund. Then, as part of the budgeting process staff would make recommendations to Council to allocate funds for specific projects with Council making the final decision. . The Committee m/s/c to place the staff recommendation on the October 5, 2004 Council Consent Agenda. D. PACIFIC HIGHWAY SOUTH HOV LANES PHASE III PROJECT (S 284TH TO DASH POINT ROAD) - 30% STATUS REPORT - Chair Dovey recused himself from the topic due to a potential conflict of interest, appointed Committee Member Faison to act as Chair, and left the meeting. Mr. Salloum presented the staff report to the Committee. Mr. Salloum further shared information regarding the feedback from property owners who attended the September 16 open house. Seventeen property/business owners attended the open house, some asked that the sidewalks be extended down Dash Pt Road all the way to the Jr. High and extended on Redondo. Staff explained that funding is for Pacific Hwy S and the only improvements on Dash Pt Road would be the signal improvement at Dash & Redondo, which has been expanded to include sidewalk, curb, and gutter between Redondo and Pacific Hwy. Others were concerned with impacts to their property, compensation, and limitations of the right of way take. Staff explained that further along in the process, once appraisals are complete and the design is more detailed, a better determination of specific impacts will be known and shared at a second open house. Finally, attendees were concerned about noise during construction, specifically from tenants of a condominium complex near the project, Staff offered to host a separate open house for residents of the complex to discuss their specific noise concerns, The Committee discussed concerns over loss of parking for several bUsinesses that use the public right of way for all or most of their parking needs. The City will conduct parking studies for these parcels when the design is further along and the take area is more clearly identified, Once the results of the parking study are received, the City will attempt to restripe/shift parking when applicable, and address the loss of parking and fair compensation when restriping is not an option. Furthermore, staff has lessened the impacts of this project on property owners by reducing the right of way take from 124 feet to 115 feet at Council's direction. The Committee suggested that property/business owners from the Phase I & II projects be invited to speak with those impacted by Phase III. Staff thought the suggestion was valuable and will seek out interested parties to attend the second open house so that they may share their insight with Phase III business/property owners. The Committee inquired about revenue funding sources for transportation projects, Mr. Roe answered that historically, year-end balances and grant funds have gone toward projects on the TIP based on a priority and as-needed basis. Additionally, future year budgets proposed using Utility tax for the Capital fund. The Committee inquired about the destination of funds allocated to this project should the Council decide not to build it. Mr. Roe answered that first, grant funds would need to be returned to the funding agencies. Secondly, only left-over funds not received from REET or gas taxes could be moved to the general fund. REET and gas tax funds would be required to remain in the Capital budget. Mr. Salloum outlined the design schedule: staff will be returning to Committee and Council at the 85% design stage, most likely in the summer of 2005, return for the 100% design stage and authorization to bid near May of 2006, and begin construction the same summer. The Committee m/s/c to place the staff recommendation on the October 5, 2004 Council Consent Agenda. 5. FUTURE MEETING/AGENDA ITEMS . Mr. Moseley announced that staff would be updating the Council September 21 in regards to junk vehicles concerns raised at the September 13 LUTC meeting. The next scheduled LUTC meeting is October 4,2004. 6. ADJOURN The meeting adjourned at 6:03 p.m. G:\lUTC\LUTC Agendas and Summaries 2004\September 20. 2004 LUTC Minutes.doc CITY OF FEDERAL WAY MEMORANDUM DATE: TO: October 4, 2004 Land Us~'J!~~\ation Committee David Mosele~Yty J'lmager Rick Perez, P,E" City Traffic Engineer rW VIA: FROM: SUBJECT: Setting Public Hearingfor 2005-2010 Transportation Improvement Plan Background: In accordance with the requirements of Chapters 35,77 and 47,26 of the Revised Code of Washington (RCW), the City of Federal Way adopted its original Transportation Improvement Plan (TIP) and Arterial Street Improvement Plan (ASIP) on July 23, 1991. The City is also required to adopt a revised TIP and ASIP on an annual basis to reflect the City's current and future street and arterial needs. The City is required to hold a minimum of one public hearing on the revised plans. Staff proposes that this occur at the November 2, 2004 City Council meeting. Once the revised plans have been adopted by Resolution, a copy of the respective plans must be filed with the Washington State Secretary of Transportation and the Washington State Transportation Improvement Board. The attached Resolution sets the public hearing date for the November 2, 2004 City Council meeting. The TIP will be presented to the Land Use and Transportation Committee on October 18, 2004. Staff Recommendation: Staff recommends placing the following on the October 19, 2004 City Council Consent Agenda: Authorize staff to hold a public hearing for the 2005-2010 Transportation Improvement Plan and Arterial Street Improvement Plan at the November 2, 2004 City Council Meeting. Furthennore, direct staff to present the TIP at the October 18,2004 Land Use and Transportation Committee. Committee Recommendation: Place the above staff recommendation on the October 19, 2004 City Council Consent Agenda. .., ----.".. -~ ._-_."~,"'~"~ -, .._---~..... --"...,."..,---~~...~=~ ..- " , ':ð.~PROV ~OFCOMMITTEE REPORT: .. , ,"'. : ~~~" . ' ',¡/,,' ,..", '....._,........ .-'--"""""'.'--'-"""""'" -..--- , .......---......, ..-...-.., . , .-_n....'.....".. ---...-,....- Jack Dovey, Chair MichaellJark, Member Eric I<'aison, Member ,. -. .., .. . -."'-' '_----..,~,=-,' .,.~. . , - ,-......-.. ,----,..._..."""~'.~'-_. L ".11' 'ule I1KI1'" tempi.l1e . n('w,jot' RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, SETTING A PUBLIC HEARING DATE OF TUESDAY, NOVEMBER 2,2004 FOR ADOPTION OF A REVISED SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND ARTERIAL STREET IMPROVEMENT PLAN. WHEREAS, pursuant to the requirements of Chapters 35.77 and 47.26 RCW, the City Council of the City of Federal Way must adopt a revised and extended Six-year Transportation Improvement Program ("TIP") and Arterial Street Improvement Plan ("ASIP") annually; and WHEREAS, the City of Federal Way's SEPA Responsible Official reviewed the TIP and ASIP under the State Environmental Policy Act, RCW 43.2IC, and issued a Determination of Nonsignificance on August 21, 2004; and WHEREAS, a public hearing must be held prior to the adoption ofthe revised and extended Six-year Transportation Improvement Program and Arterial Street Improvement Plan; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Public Hearing. A public hearing shall be held on the 2005-2010 Federal Way Transportation Improvement Plan and Arterial Street Improvement Plan at 7 :00 p.m. on Tuesday, November 2, 2004, at the Federal Way City Hall Council Chambers. Section 2. Severability. If any section, sentence, .clause or phrase ofthis resolution should be Res. # , Page 1 held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase ofthis resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affinned. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of ,2004. CITY OF FEDERAL WAY MAYOR, DEAN McCOLGAN ATTEST: CITY CLERK, N. CHRISTINE GREEN, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: Revised: 9/20/04 Res. # , Page 2 CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: October 4, 2004 Land Use and Trans ortation Committee David Mose ',' anager Rick Perez, P. \, City Traffic Engineer ~ Maryanne Zukowski, P.E" Senior Traffic Ën~Í\' City Center Access Study Stakeholder Team - ApJ*oval of Additional Member FROM: SUBJECT: Background: To date, seven Stakeholder Team meetings have been held, At the August 16, 2004 Land Use and Transportation Committee (LUTe) meeting, there was discussion of whether or not it would be appropriate to add a new member to the Stakeholder Team. Concerns were raised regarding the ability of a new member to "catch up" to speed with the group and the ability to review the existing information already presented, Also, there was concern that staff would be burdened to provide the additional support needed to assist a new member. Staff has received a request and application from a perspective stakeholder to join the group, The candidate's name is Lisa Cooke-Tinsley and her application scored 30 points. Staff learned when speaking with Ms, Cooke- Tinsley that she has reviewed the documents and has attended one meeting as a citizen. Ms. Cooke-Tinsley is committed to serving as a member of the group. Staff Recommendation: Staff is bringing Ms. Cooke-Tinsley's request to the Land Use and Transportation Committee for consideration given her interest and commitment to contribute to this project. Staff is seeking direction from the Land Use and Transportation Committee. If the Land Use and Transportation Committee is favorable to this request, staff recommends forwarding Ms. Cooke Tinsley's appointment to the October 19, 2004 City Council Consent Agenda. Committee Recommendation: Please provide direction to staff. .. ,,¡',f,:', :,1,', '" ;;j;, f!\. , .., ",..,' ----- --.,-..-.----.,- --.-.. --- Jack Dovey, Chair Michael,Par'k, Member Eric Faison~:M.êTtiér~,:,.;",.., .. " ..' , , , ' . ">"~\>i;~:'\'~~:'r~';¡)ii,~,{i:;:.-,~'-:, , ~.-_. "--'~ - -~ ._---'_.,-=-- .~- "'~-'._"'==-~~-",',-,~~'" ..,~ "-- . , .. '."" ,'," , """, ,'¡" " ':' ',,-: ':" ':, " "'i~~: "1;,,:,:,.:.. ' 'ROYAL OF ,COMMJTTEEREPORT:~~;~,I:;:~' ki"lci"" memo ,.:"pic" 11Cw,cI.,(' ~ CITY OF ~ Federal Way MEMO RAND UM September 24, 2004 To: FROM: Jack Dovey, Chair Land Useffrans~~ation Committee Lori Michae~lCP, Senior Planner David ~anager Devonshire Final Plat Application Federal Way File No, 04-l02040-00-SU VIA: RE: MEETING DATE: October 4,2004 I. RECOMMENDATION Staff recommends that the Land Useffransportation Committee forward to the City Council a recommendation approving the Devonshire Final Plat Resolution, II. SUMMARY OF ApPLICATION The applicant requests final plat approval for Devonshire, a cluster subdivision of29 residential single-family lots on approximately 9.5 acres, with each lot having a minimum of 5,000 square feet and an average lot size of 6, 127 square feet. The Devonshire cluster subdivision is located in the southern portion of the City, south ofSW 360th Street between lOth Avenue SW and lih Avenue SW. Zoning for the site is Single Family Residential (RS 7.2). Pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions," Section 20-136, the City Council may approve the final plat application only if all criteria of FWCC Section 20-l36(b) are met. Findings and conclusions contained in the staff report to the City Council and referenced in the resolution indicate that the plat has been constructed in accordance with the approved preliminary plat, the final plat, and the applicable FWCC requirements. III. REASON FOR COUNCIL ACTION The final decision for final plats rests with the City Council in accordance with FWCC Section 20-136(b). Bringing this matter before the City Council Land Useffransportation Committee for review and recommendation prior to the full Council is consistent with how land use matters are currently processed by the City. IV. PROPOSED MOTION I move that the Land Useffransportation Committee forward to the City Council, and place on the October 19,2004, City Council consent agenda, a recommendation approving the Devonshire Final Plat Resolution. ApPROVAL OF COMMITTEE REpORT Jack Dovey, Chair Michael Park, Member Eric Faison, Member File #O4-102040-OO-S0 Doc. I.D, 29020 ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES STAFF REPORT Request for Final Plat Approval DEVONSHIRE FINAL PLAT Application No. 04-102040-00-SU I, RECOMMENDA nON City of Federal Way staff has reviewed the final plat of Devonshire for compliance with preliminary plat conditions and all applicable codes and policies, and recommends approval of the final plat application, II. GENERAL INFORMA nON Date: Request: Description: Owner: Agent: Engineer: October 4, 2004 Request for City Council approval of the Devonshire final plat application, pursuant to Federal Way City Code (FWCC) Chapter 20, "Subdivisions," Devonshire is a subdivision of9.84 acres into 29 residential single-family lots in a cluster subdivision, with each lot having a minimum of 5,000 square feet and an average lot size of 6,127 square feet (Exhibit A-Final Plat Map), Since the proposal is for a cluster subdivision, pursuant to FWCC § 20-154, the minimum lot size may be up to one half the size of the underlying zoning requirement, but no smaller than 5,000 square feet. Devonshire Park, LLC 18215 nod A venue South Kent, W A 98032 Barghausen Consulting Engineers, Inc. G. Wayne Potter, 425-251-6222 18215 nod Avenue South Kent, WA 98032 Barghausen Consulting Engineers, Inc. Robert J. Armstrong, P.E., 425-251-6222 18215 nod Avenue South Kent, WA 98032 Location: The site is located in the southern portion of the City, south of SW 360th Street between loth Avenue SW and 1ih Avenue SW, in the NE V4 of the SW V4 of Section 30, Township 21 North, Range 4 East, W.M, King County (Exhibit B-Vicinity Map). Site Access: Access to the site has been provided by the southward extension of 11 th Avenue SW and 12th Avenue SW; construction ofSW 360th Street between 10th Avenue SW and 12th Avenue SW; and by the westerly extension ofSW 361 5t Place. Sewage Disposal: Lakehaven Utility District Water Supply: Lakehaven Utility District Fire District: King County Fire District No, 39 School District: Federal Way Public School District No. 210 Report Prepared By: Lori Michaelson, AICP, Senior Planner III, HISTORY AND BACKGROUND The Devonshire Preliminary Plat was granted approval by the Federal Way City Council on November 19, 2002, per City Council Resolution #02-375. Attached are the Devonshire preliminary plat resolution and preliminary p~at map (Exhibits C and D, respectively). Zoning for the 9.84-acre site is Single-Family Residential (RS) 9.6, requiring a minimum lot size of 9,600 square feet, except for cluster subdivisions pursuant to FWCC § 20-154, whereby lot sizes may be reduced by up to one half the underlying minimum lot size, but not smaller than 5,000 square feet. Accordingly, lot sizes in the Devonshire Final Plat range from 5,000 square feet to 9,618 square feet, with an average lot size of 6, 127 square feet. In addition, as required by code, the plat density of 29 lots does not exceed the allowed density for a conventional subdivision of the site; and lots located immediate adjacent to existing residential lots are comparably sized. The owner applied for final plat approval on May 21, 2004, Plat infrastructure improvements, installed under City engineering files (03-100299-00-EN) were deemed substantially complete in September 2004, consistent with plat expiration limits, and are now complete as described herein. Pursuant to RCW 58.17.110 and FWCC § 20-136, the City Council is charged with determining whether: I) the proposed final plat conforms to all terms of the preliminary plat approval; 2) if the subdivision meets the requirements of all applicable state laws and local ordinances that were in effect at the time of preliminary plat approval; 3) if all taxes and assessments owing on the property have been paid; and 4) ifall required improvements have been made or sufficient security has been accepted by the City. Staff Report Devonshire Final Plat Application File #04-1O2040-O00-00-S0 / Doc. I.D. 28758 Page 2 City of Federal Way staff has reviewed the Devonshire Final Plat for compliance with preliminary plat conditions and all applicable codes and policies. All applicable codes, policies, and plat conditions have been met or are financially secured as allowed by FWCC § 20-135. A proposed resolution ofthe City of Federal Way, to approve the final plat of Devonshire, is enclosed (Exhibit C). IV. COMPLIANCE WITH SEP A CONDITIONS The following lists SEP A conditions of the Mitigated Environmental Determination of Nonsignificance (MDNS), issued on May 8, 2002, for the Devonshire Preliminary Plat. As noted in the associated staff responses, all SEP A conditions of approval have been met. 1. Due to downstream natural closed depression this project drains to, clearing, grading, and street/utility work for the plat improvements will not be pennitted from October 31 to March 30, unless otherwise approved in writing by the Public Works Director. Staff Response: This condition has been met. Construction of the plat improvements started on April 1, 2004, and is now complete, in advance of the October 3151 construction deadline. 2. Prior to final plat approval, the developer shall provide and implement a plan for the fencing and signing along the on-site perimeter of 100-foot wetland buffer of wetlands AA and FF. The fencing shall be of split rail or comparable material. Additionally, a minimum of 12 educational signs shall be provided around the on site wetland buffers for wetlands AA and FF. A final plan for sign content, sign placement, and fence design shall be developed by a qualified professional and provided to the City for review and approval by the City at the applicant's expense, prior to implementation by the developer. Staff Response: This condition has been met. The required fencing and wetland infonnational signage has been installed, inspected, and approved by the Community Development Services Department. 3. Any development within Tract A beyond the improved area identified on sheet PL-l (revised 12/6/01), shall require the prior written approval of the Director of Community Development Services. Further development of Tract A shall be designed and constructed to protect and enhance wildlife habitat to the maximum extent feasible. This effort may include, but is not limited to, vegetation removal and/or enhancement, and construction or improvement of Tract A for active recreation by the developer, homeowners association, or the party responsible for ownership of the tract. A note to this effect shall be included on the final plat map. Staff Response: This condition has been met by establishing this condition as text note #6 on sheet 3 of the final plat map. 4. Prior to final plat approval, the developer shall prepare and implement a plan for the creation of three snags within pennanent open space areas. The plan shall be based on an evaluation of trees remaining following the clearing and grading phase of plat infrastructure construction. The plan shall be developed by a qualified professional, and shall be reviewed and approved by the City at the applicant's expense prior to implementation by the developer. L, 8taffReport Devonshire Final Plat Application File #04-102040-000-00-80 I Doc, LD, 28758 Page 3 Staff Response: This condition has been met by a City-approved snag plan; creation of three snag trees (two red alder, one Douglas fir); installing signs on each tree indicating "Wildlife Tree-Do Not Cut"); and ensuring preservation of the snag trees through a text note on the final plat map (see Note #6, Sheet 3). 5. In order to mitigate for potential adverse transportation impacts resulting from the construction of the project, the Transportation Improvement Plan (TIP) improvement listed in the MDNS must be constructed by the applicant prior to final plat approval, or in lieu of constructing the improvement the applicant may voluntarily offer to pay a pro-rata share contribution of $3,900.00 towards the impacted (TIP) project, as described and calculated in the MDNS, Staff Response: This condition has been met. The applicant has voluntarily paid the in-lieu-of pro-rata share contribution of $3,900.00. v. COMPLIANCE WITH PRELIMINARY PLAT CONDITIONS OF ApPROVAL The following lists conditions of preliminary plat approval as referenced Federal Way City Council Resolution #02-375. As noted in the associated staff responses, all required improvements have been completed, inspected, and approved by the City. 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCc. Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Drainage plans and analysis shall comply with the 1998 King County Surface Water Design Manual (KCSWDM) and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B. On-site stormwater quality treatment shall be provided using the basic water quality menu options of the 1998 KCSWDM, as amended by the City of Federal Way. C. The stormwater runoff control (detention) for Devonshire must meet and implement one of the following alternatives: 1) Analyze the downstream drainage system to the SW 356th Street Regional Stormwater Facility to verify adequate capacity, and design and reconstruct any portions of the conveyance system necessary to accommodate the increase in runoff. In addition, the applicant will be required to pay a pro-rata share for off-site detention capacity to be determined by the City. The final plat shall not be recorded and construction of the offsite drainage conveyance system shall not begin until the City's proposed SW 356th Regional Stormwater Facility is operational; or 2) An on-site stormwater infiltration or detention facility shall be designed and constructed in accordance with Chapter 5 of the 1998 KCSWDM. Adequate capacity of the downstream conveyance system from Devonshire Plat shall be verified and improved as necessary. Additional excavation of the closed depression on City- owned property will be required to compensate for the increased runoff volume from Devonshire, with accompanying calculations required. Staff Report Devonshire Final Plat Application File #04-102040-000-00-80 / Doc. I,D. 28758 Page 4 Final review of the storm water quality and detention will occur in conjunction with the full drainage review. Staff Response: This condition has been met by: a) receiving engineering approval from the City for roadway and drainage plans prior to construction; b) installation and approval by the City of the required water quality facilities; and c) implementation of alternative # I (above) whereby, the applicant has paid a pro-rata share of $22,632.00 to the City's regional stormwater facility in Bellacarino Woods. 2, The applicant shall be required to construct all storm drainage improvements necessary to mitigate all identified conveyance problems, whether existing or resulting from the plat's development, as identified during engineering plan review, as required by the Public Works Director. Engineering approval shall not be granted if it is determined that proposed mitigation is not adequate to address the impacts of the project. Staff Response: This condition has been met by construction of storm drainage improvements in accordance with City-approved engineering plans, and as inspected and approved by the Public Works Department. 3. The final plat drawing shall establish Tract A in an open space tract to be owned in common and maintained by property owners of the proposed subdivision. The final plat note shall include provisions prohibiting removal or disturbance of vegetation and landscaping within the regulated wetlands and buffers in Tract A, except as necessary for maintenance or replacement of existing plantings and as approved by the City. Additional vegetation may be located in the open space tract to meet the MONS condition as approved by the City. A note shall be included on the final plat map that the open space tract shall not be developed with any buildings, and may not be used for financial gain. Staff Response: This condition has been met by clear identification and description of the open space tract on the plat map, along with appropriate text notes to ensure preservation of vegetation within the tract, and associated wetland fencing and signage (see Note #6, Sheet 3 of 4). 4. Prior to issuance of construction permits, a final landscape plan, prepared by a licensed landscape architect, shall be submitted to the City for approval, and shall include the following elements: . Open space landscaping in Tract A; . Street trees in right-of-way landscape planter strips; . Tree preservation plan; and . Visual screening of the storm drainage Tract C from adjacent right-of-way with landscaping and/or fencing, Cyclone fencing, if used, shall be coated black or green, and shall be screened by vegetation, Staff Response: This condition has been met by installation of all required landscaping, street trees, and fencing, in accordance with the City-approved landscape plans, and as inspected and approved by the Community Development Services Department. Staff Report Devonshire Final Plat Application File #04-102040-000-00-80 I Doc, J.D. 28758 Page 5 5. 6. 7. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS), as amended by the City of Federal Way for this project, including the following requirements: A. SW 360th Street shall be improved along the frontage of the project as a minor collector, half-street improvement. Improvements will include dedication of 30 feet of new right-of- way to combine with the existing 30 feet of right-of-way for a total of 60 feet. SW 360th Street shall be improved with a minimum of 20 feet of pavement, vertical curb and gutter, four-foot planter strip, street trees, streetlights, and six-foot wide sidewalk (curb, planter, and sidewalk only on south side), B. Internal plat streets shall be improved as local streets, which include 52-foot wide right-of- way and 28-100t pavement width. Vertical curb and gutter, four-foot planter strips, and five-foot wide sidewalks shall be provided on both sides of the street. Streetlights and street trees shall also be provided, C. Tracts B shall be improved to the private access tract standard and shall be limited to serving a maximum of four lots. The lots that abut these tracts for access shall have undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tract shall be included on the plat and the language approved by the City. Improvements shall include a 38-foot tract width and 24-foot pavement width with vertical curb, gutter, and five-foot wide sidewalks on both sides of the street. Tract length shall be limited to a maximum of 150 feet from face of curb to end of the tract. D. Streets shall have a minimum pavement section of three inches Class B asphalt over seven inches of crushed surfacing on all internal streets and three inches Class B asphalt over eight inches of crushed surfacing on SW 360th Street to support the traffic loads. Staff Response: This condition has been met by installation of all required improvements in accordance with City-approved engineering plans, as inspected and approved by the Public Works Department; and by establishing the required maintenance provisions for the private access tract as a text note on the plat (Note #7, Sheet 3 of 4). Due to the topography of the project, the applicant may conduct mass clearing and grading of the site. (As revised by the Hearing Examiner on October 21,2002, and superceding the original condition No, 6 of the October 16,2002, Hearing Examiner's recommendation, which limited clearing and grading activities to road and utility corridors.) Staff Response: Clearing and grading activities were completed in accordance with City- approved engineering plans and seasonal construction limits as required. As required by the Public Works Director, prior to final plat approval, the applicant shall install two speed humps (four total humps) and sißnage constructed to City standards on 11th Avenue SWand 12th Avenue SW between SW 360t Street and SW 356th Street. Staff Response: This condition has been met by installation of all four required speed humps as required, and as inspected and approved by the Public Works Department. 8taffReport . Devonshire Final Plat Application File #04-102040-000-00-80 I Doc, 1.0,28758 Page 6 8. As required by the City, in order to mitigate potential safety impacts due to the proximity of the proposed usable open space area (Tract A) near a curve in the roadway, street signage should be implemented regarding notification of the park area. A plan for street signage shall be approved by the City, and signage implemented prior to final plat approval. Staff Response: This condition has been met by installation of the park sign adjacent to the street in Tract A, in accordance with a City-approved signage plan, and as inspected and approved by the Departments of Public Works and Community Development Services. VI. DECISIONAL CRITERIA Pursuant to FWCC § 20-136, if the City Council finds that the following criteria have been met, the City Council may approve the final plat for recording. l. The final plat is in substantial conformance to the preliminary plat. Staff Response: This criterion has been met, as the conditions of preliminary plat have been met, and the final plat fully conforms to the preliminary plat. 2. The final plat is in conformity with applicable zoning ordinances or other land use controls. Staff Response: This criterion has been met. The plat meets the zoning standards for Cluster Subdivisions, pursuant to FWCC § 20-154, by meeting the lot size, density, and design requirements, as required by code to ensure compatibility with sutTounding residential development. The plat meets the intent and purpose of cluster subdivisions by preserving more than 34 percent of the site, including on-site regulated wetlands and buffers, in conservation and usable open space (Tract A); and the usable open space area of 84,506 square feet exceeds the minimum ten percent open space requirement for the plat of 42,866 square feet. Additionally, the applicant has established a play area with structured play equipment and benches within the usable portion of Tract A. All required plat infrastructure improvements have been installed. As provided in FWCC § 20-133, maintenance bonds are in place for the installed improvements. ' 3. That all conditions of the Hearing Examiner and/or City Council have been satisfied. Staff Response: This criterion has been met as documented in the staff comments above. 4. That the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open space, drainage ways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds, and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who only walk to and from school. Staff Response: This criterion has been met. The final plat is consistent with applicable zoning and subdivision regulations and ensures the public health, safety, and welfare is protected. The plat infrastructure has been installed and addressed as discussed above, including safe walking File #04-102O40-O00-OO-S0 I Doc. LD. 28758 Page 7 Staff Report Devonshire Final Plat Application routes to school; preservation of wetlands and buffers; on site recreational open space with play equipment; drainage system installation; water system installation; sewer system installation; and street improvements, including curb, gutter, sidewalks, street trees, street lights, and slgnage. 5. That all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted, Staff Response: This criterion has been met. All road and stonn drainage improvements for Devonshire have been completed, as verified by City staff, and as certified by Lakehaven Utility District in a September 20, 2004, letter. 6. That all taxes and assessments owing on the property being subdivided have been paid. Staff Response: Prior to being recorded, the plat is reviewed by the King County Department of Assessments to ensure that all taxes and assessments have been paid. VII. CONCLUSION Based on site visits, review of the final plat maps, construction drawings, and the project file, staff has detennined that the application for final plat approval for Devonshire meets all platting requirements ofRCW 58.17.110 and FWCC Chapter 20, "Subdivisions," Division 6, Final Plat. Plat infrastructure improvements have been fully completed. The project has been developed in confonnance with Resolution #02-375. A recommendation for final plat approval is therefore being forwarded to the City Council for approval. ' EXHmITS Exhibit A Exhibit B Exhibit C 8~ x 11 Reduced Copy of Devonshire Final Plat Map Vicinity Map Final Plat Resolution of the City of Federal Way, Washington, approving the Devonshire Final Plat 8~ x 11 Reduced Copy of Devonshire Preliminary Plat Map Resolution #02-375, City of Federal Way Preliminary Plat Approval of Devonshire Preliminary Plat Exhibit D Exhibit E Staff Report Devonshire Final Plat Application File #O4-IO2040-O00-OO-SU / Doc, J.D. 28758 Page 8 DEVONSHIRE A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 30, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN CITY OF FEDERAL WAY. KING COUNTY. WASHINGTON I !&! =:Jl= L :,~~~~~ -- I ~I. . h --.._--_.:.... ~ ~,40 ... .011___- __!115M - T- - . 40' -, !&! 3 i: ~ aT. )!; iI ï i I '" 51 I'at i II~ I: "I I !&!'... , ~ Isl & -- t ] CItY or rtnOIOL ..v ru 100. 04-102040-00 [ ~ ') Jf ~ SlV4I smo'22"t 6MJJ9' J¡ :! , . , . ., :-:-:~ . '. . . ., "'." .1 ';"" ... .~ .., r~ ... ~~ <~ "~~ , ~r d =12 , ~,,":--~ " . "I I. -:: I':" TRACT "A" CJ'ÐI 'IKJ,/PI8. 8ICI !II: IIIII[I,!IC[I J , , , , ------ '---- -', , , /'-" , , , , , \ \ -~~, \ ,......:' . . .'.' . '" \ \.' .'.' . '.'. . . . . ':'... 1 --""-:-:.:-:-:.'.'.\ 1 !: ~~ ! :: . C~ ~ " iJŠ oX , " \-- íi \ ~ \ ~ ~ ~, I I I ~ I i f i :; i f ::- II ~ u:aJG :0:;: ~ $ --Cll!IC[It...,... @ ""'_.. . "~--II("-"'."'- []!I[) =.':.~':=:~- . ...:__-CII."!IC[II III --CII-----.!IC[III 8[ --Clt'NI_. -1IiIIi\II',!IC[I1 - - PIICI 1M $1. _l1li 1 i{:;' ::}.\Z""uv~:! ":a:::. s::,~ :a:::r it II U L4 ~ " M 110. 1J22 EXH1BIT A Vicinity ,M,q:':p City of F edera I Way . Southern portion ,of City of SW 360th . Street Betwe,en 10th AV 12th AVSW ..- -- ~ æ :::¡ CI ~_... Devonshire or J1 ~: C. II , i: t1 <\:> <:;;;1 ... - B: 0 t.lIIp Dø1., s..:- 9" 2OOZ g~~,j'll~, f!!donl WZI"J!J. 98003 Øi3)661-1\.w l!ri!>,""",~fI!IU5IJ~. 91)pllCaf~œlY.1N QIjId-WZl-ro WIrTII't)' as to Its koncy. Legend: it city üm t.~ Right ct Way' DevonshIre ~bdíw>1OI1 SW 363rd Open Space 'Ne( all right r:J way Is developed Vjcínity Map IfOIQ," .'At Q Sca!e; 1 to 62~\I 1 Indl ~Is 520 feet 0 5OOF~ ~;.~ L\ N ,~..~ Federal Way RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING THE FINAL PLAT OF DEVONSHIRE, FEDERAL WAY, WASHINGTON, FILE NO. 04- 102040-00-SU WHEREAS, on September 10, 2002, the Federal Way Hearing Examiner conducted a public hearing on the preliminary plat application resulting in the October 16, 2002, Recommendation of the Federal Way Hearing Examiner and October 21,2002, Hearing Examiner Correction; and WHEREAS, the preliminary plat for Devonshire, City of Federal Way File No. 01-102793-00-S0, was approved subject to conditions on November 19,2002, by Federal Way City Council Resolution No. 02-375; and WHEREAS, the applicant submitted the application for final plat for Devonshire within the required time of receiving approval for the above-referenced preliminary plat; and WHEREAS, the applicant has satisfied all of the conditions set forth in Resolution 02-375; and WHEREAS, the City of Federal Way's Department of Community Development Services and Public Works Department staff have reviewed the proposed final plat for its conformance to the conditions of preliminary plat approval, and their analysis and conclusions are set forth in the September 13, 2004, Staff Report, which is hereby incorporated by reference as though set forth in full; and WHEREAS, the applicant has complied with the conditions of the mitigation measures of the May 8, 2002, State Environmental Policy Act Mitigated Determination of Nonsignificance, as discussed in the September 13,2004, Staff Report; and WHEREAS, The City Council Land Oserrransportation Committee considered the application and staff report for the Devonshire final plat at its September 20, 2004, meeting and recommended approval by the full City Council; and WHEREAS, the City Council reviewed and considered the Staff Report and the application for final plat for Devonshire during the Council's October 4,2004, meeting. Res. # ,Pagel File #O4-102040-00-SU I Doc ID #28774 EXHIBIT -- c Now THEREFORE, THE CiTY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. 1. The final plat for Devonshire, City of Federal Way File No. 04-102040-00-SU, is in substantial conformance to the preliminary plat and is in conformance with applicable zoning ordinances or other land use controls in effect at the time the preliminary plat application was deemed complete, 2. Based on, inter alia, the analysis and conclusions in the Staff Report, which are adopted herein by reference, and on the City Council's review of the application for final plat, the proposed subdivision makes appropriate provision for public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, and schools and school grounds as are required by City Code, or which are necessary and appropriate, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3. The public use and interest will be served by the final plat approval granted herein. 4. All conditions listed in the November 19,2002, Federal Way Resolution No. 02-375 have been satisfied, and/or satisfaction of the conditions have been sufficiently guaranteed by the applicant as allowed by Federal Way City Code Section 20-135. 5. All required improvements for final plat approval have been made and/or sufficient bond, cash deposit, or assignment of funds have been accepted as guarantee for completion and maintenance of all required plat improvements as identified in the September 13,2004, Staff Report. 6. All taxes and assessments owing on the property being subdivided have been paid or will be paid, prior to recording the final plat. Section 2. Application Approval. Based upon the Findings and Conclusions contained in Section 1 above, the final plat of Devonshire, City of Federal Way File No. 04-102040-00-SU, is approved. . Page 2 File #04-1O2040-O0-8U I DodD #28774 Res. # Section 3. Recording. The approved and signed final plat, together with all legal instruments pertaining thereto as required pursuant to all applicable codes, shall be recorded by the applicant in the King County Department of Records, The applicant shall pay all recording fees. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification, Any act consistent with the authority, and prior to the effective date, of the resolution is hereby ratified and affirmed. Section 6, Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. REsOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, this day of , 2004. CITY OF FEDERAL WAY Mayor, Dean McColgan A TrEST: City Clerk, N. Christine Green, CMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No: Res,# , Page 3 File #O4-IO2040-O0-SU / Doc ID #28774 l~1'ff~"":!4' C$SJ 1'-50' hY T 'f DENSfIY CALCULATIONS -"-"'" l os,,, - l .oo"', ",-""",......- I","" -"_tA."""""'(Pt"""",-",.",,,, . ", """.:"l,~ ,:::.::: ~i ¡¡:: ~¡.;':", . ... ""'" . """ OPEN SPACE CALCS. ...,.."" """on "'._,,-, """'("'" ""'--, .1,..0<,("" (""- . _os """"" LOT AREA TABLE ..', .... ""j '" , ..oo oo , .... " , "" oo . "" " . "" '" . ,,~ "\' , - " . "" " . "'" " " ,m " :; ::~:';; " ".. " .. ".. " " "n ",o.".- """,'u, ',DO"', ...o.""- ,...,..u. ,-,,0<, ("""'~ ...o.-""- ""u. ","'- -,~ ...o. - ,"'"", ..... u. 'J' "'- (,"""C' w"""'" "" "An u. ,," "'- _""- "',..,u, ",,0<, VI"'... " DEVONSHIRE """~, "" "" "" "n ..'" "" "" ,m ".. .... w, "" ",. "" A PORTION OF THE NW 1/4 OF SECTION 30, TOWNSHIP 2\ N,. 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RESOLUTION NO. 02-375 , A RESOLUTION OF THE OTY COUNOL OF THE OTY OF FEDERAL WAY, WASmNGTON, APPROVING WITH CONDITIONS THE PRELIMINARY PLAT OF DEVONSmRE, FEDERAL WAY FILE NO. 01-102793-00 SUo WHEREAS, the owners Mr. John Leonard and Mr. and Mrs. Harold Strand, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Devonshire and coosisting of9.S4 acres into twenty-nine (29) single family residential lots located south of SW 3601b Street between 10th Avenue SWand 12th Avenue SW~ and WHEREAS, on May 8, 2002, an Environmental Mitigated Determination ofNonsignificance (MDNS) wáS issued by the Director ofF ederal Way's Department of Community Development Services pursuant to the S1$ Environmental Policy Act (SEPA), RCW 43.21C; and WHEREAS, no comments or appeals on the MDNS were submitted to the Department of Community Development Services~ and WHEREAS, the FederalWayLand Use Hearing Examiner on September 10,2002, held a public ~ concerning the Devonshire preliminaty plat; and WHEREAS, following the conclusion of said hearing, on October 16, 2002, the Federal Way Land Use Hearing Examiner issued a written Corrected Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat of Devonshire subject to conditions set forth therein~ and WHEREAS, the Federal Way Land Use Hearing Examiner on October 21, 2002, issued a revision to condition number six of the October 16,2002, Corrected Report and Recommendation; and WHEREAs, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of tÞe Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and EXHIBIT £- REs#O2-37~PAGE 1 Vale #()l.lO2793~O-SU I Doc ID 20174 cc~~ I WHEREAS, on November 4, 2002, the City Council Land Use and Transportation Committee considerctd the record and the Hearing Exanúner recommendation on the Devonshire preliminaIy plat, pursuant to Chaptec 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, and voted to forward: a recommendation for approval of the proposed Devonshire preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on November 19,2002, the City COW1cil considered the record and the Hearing Examin~ recommendation on the Devonshire preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapttr 58.17 RCW, and all other applicable City codes. Now THEREFORE, TIlE CITy COUNCIL OF TIlE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREJW RESOLVE AS FOILOWS: Section 1. Adoption of Findings of Fact and Conclusions, 1. The findings of fact and conclusions of the Land Use Hearing Examiner's October 16,2002, Corrected Report and Recommendation, and October 21, 2002, revision attached hereto as Exlnòits A and B aM incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding. shall be treated àS such. 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing ExamineJ!'s recommendation, and conditions of approval as established therein, the proposed subdivision makes ItPpropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and REs # 02-37~PAGE2 File IIOI-I02793'()()"su 'Doc ID 2m.. from school. 3. The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval, Based upon the recommendation of the Federal Way LandUseH~g Examiner and fmdings and conclusions contained therein as adopted by the City Council immediately above, the preliminary plat of Devonshire, Federal Way File No. 01-102793-00 SU, is hereby approved, subject 10 conditions as contained in the October 16,2002, Corrected Report and Recommendation of the Federal Way Land Use Hearing Examiner and October 21, 2002, Hearing Examiner revision (Exhibits A and B). Section 3. Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council rIDding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions and conduct such additional proceedings as are necessaty to assure that the proposed plat makes appropriate provisions for the public health, safety, and general welfare and other factors as requiredbyRCW Chapter 58.17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action. Section 4. Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution. Section 5. Ratification, Axty act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed. Section 6, Effective Date. This resolution shall be effective immediately upon passage by the Fedetal Way City Council, REs #o?-"'7S,PAGE 3 File #0 1-1 02793-OO-SU I Doc ID 20t74 REsOLVED BY THE CTIY COUNCn.. OF TIIE CITy OF FEDERAL WAY, WASHINGTON, ~~ ,2002. A~ ~4(~< CITY cikl N, CHRIs ð'REEN, CMC OF APPROVED As To FORM: t7~ ti. ~ CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCn..: 11/12/02 H/19/02 02-375 REsOLtITlONNo. REs#O2-37~PAGE4 CITY OF FEDERAL WAY --- THISœ-LDA'Y File #0 I-I 02793.QO-SU I Doc ID 2017.4 ~ CITY OF ~ Federal Way DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES MEMORANDUM To: Jack Dovey, Chair Land Use/Transportation Committee FROM: Jane Gamble, Associate Planner qq David ~anager Crosspointe Preliminary Plat Application No. 03-101214-00-SU VIA: RE: DATE: September 27, 2004 I. STAFF RECOMMENDATION Staff recommends the Land Use/Transportation Committee forward to the City Council a , recommendation approving the Crosspointe preliminary plat with conditions, based on the findings and conclusions in the September 21,2004, Report and Recommendation by the Federal Way Hearing Examiner. II. SUMMARY OF ApPLICATION The applicant requests approval of a five-lot residential subdivision, as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," subject to City Council approval. III. REASON FOR COUNCIL ACTION Pursuant to FWCC Chapter 20, "Subdivisions," the City Council issues a final decision at a public meeting, after review of the Hearing Examiner's recommendation. Consistent with City procedures, preliminary plat applications are brought to the Land Use/Transportation Committee for review and recommendation prior to review by the full Council. Land Useffransportation Committee Crosspointe Preliminary Plat September 27, 2004 Page I IV. HEARING EXAMINER'S RECOMMENDATION On September 21,2004, the Federal Way Hearing Examiner issued a Report and Recommendation (Exhibit A) to approve the proposed preliminary plat, The Hearing Examiner's recommendation includes all conditions recommended by staff. The Examiner's recommendation was issued following consideration of the following: staff report (Exhibit B); testimony presented at the September 7,2004, public hearing; and staff memoranda to the Hearing Examiner dated August 31, 2004 (Exhibit C). The Hearing Examiner's recommendation is subject to the following conditions of preliminary plat approval: 1. 2. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC, Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B. On-site stormwater quality treatment and detention using Level 2 flow control shall be provided using the. basic water quality menu options of the 1998 KCSWDM as amended by the City of Federal Way. Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the following requirements: A. 20th Avenue SW shall be improved along the frontage the project as a Minor Collector, half-street improvement. Improvements will include a minimum of 18 feet of pavement from the centerline of the right-of-way, vertical curb and gutter, four-foot planter strip, street trees, streetlights, and five-foot sidewalk, and three-foot utility strip within existing right-of-way (curb, planter strip, sidewalk, and utility strip will be provided on only the west side of 20th Avenue SW), B. The private access tract shall be improved to the private access tract standard and shall be limited to serving Lot 4 and providing access to the private stormwater detention pond. All five lots in the subdivision shall have undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tract shall be included on the plat and the language approved by the City. Improvements shall include a 30-foot tract width and 20-foot pavement width with vertical curb, gutter, four-foot planter strip, and a five-foot wide sidewalk on the north side of the street. A three-foot wide utility easement shall be provided along the southern lot line of Lot 4. Tract length shall be limited to a maximum of 150 feet from face of curb to end of the tract. c. The private access tract shall have a minimum pavement section of three inches of Class B asphalt over seven inches of crushed surfacing on all internal streets; 20th Avenue SW shall have three inches of Class B asphalt over eight inches of crushed surfacing, Land Useffransportation Committee Crosspointe Preliminary Plat September 27,2004 Page 2 v. 3, Clearing for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Preliminary Road Grading, Storm Drainage, and Utility Plan, Sheet 4, that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the Community Development and Public Works Department during final engineering plan review as required to reflect changes in road and utility designs, if any, 4, The applicant shall construct an attractive, well-built, six-foot high, solid board fence along the applicant's south property line, The applicant shall install the posts in concrete and cap the posts. PROCEDURAL SUMMARY March 28, 2003 Date of application for five-lot Crosspointe preliminary plat April 25, 2003 Date application determined complete. April 30, 2003 Date of Notice of Application February 4,2004 Environmental determination issued September 7, 2004 Hearing Examiner Public Hearing (Pursuant to FWCC Section 22-126, the Hearing Examiner issues a recommendation to the City Council.) September 21, 2004 Hearing Examiner issued recommendation of conditional approval of preliminary plat to the City Council October 4, 2004 City Council Land Useffransportation Committee meeting (This committee forwards a recommendation to the full Council for a decision at a public meeting [see Section VII, below].) VI. DECISIONAL CRITERIA Pursuant to FWCC Section 20-127, the scope of the City Council review is limited to the record of the Hearing Examiner public hearing; oral comments received at the public meeting (provided these do not raise new issues or information not contained in the Examiner's record); and the Examiner's report. These materials shall be reviewed for compliance with decisional criteria set forth in FWCC Section 20-126( c), as noted below: 1. Consistency with the Federal Way Comprehensive Plan; 2. Consistency with all applicable provisions ofthe FWCC, including those adopted by reference from the comprehensive plan; 3. Consistency with the public health, safety, and welfare; 4. Consistency with the design criteria listed in Section 20-2; and Land Useffransportation Committee Crosspointe Preliminary Plat September 27, 2004 Page 3 5. Consistency with the development standards listed in Sections 20-151 through 157, and 20-178 through 20-187. Findings and conclusions that the application is consistent with these decisional criteria are set forth in the Hearing Examiner's report and recommendation. VII. COUNCIL ACTION The Federal Way City Council's review of the application is limited to the record of the hearing before the Hearing Examiner, oral comments received during the Public Meeting (so long as those comments do not raise new issues or information contained in the examiners record), and the Examiner's written report. The City Council may receive new information not in the record pursuant to FWCC Section 20-127(b). A draft resolution approving the proposed preliminary plat as recommended by the Hearing Examiner is attached. After consideration ofthe record, the City Council may, by action approved by a majority of the total membership, take one ofthe following actions, pursuant to FWCC Section 20- 127: l. 2. Adopt the recommendation; or Reject the recommendation; or 3. Remand the preliminary plat back to the Hearing Examiner, pursuant to FWCC Section 20-127(b); or 4. Adopt their own recommendations and require or approve a minor modification to the preliminary plat, pursuant to FWCC Section 20-127(d), VIII. PROPOSED MOTION EXHIBITS *NOTE: I move that the Land Useffransportation Committee forward to the City Council, and place on the October 19, 2004, City Council consent agenda, a recommendation approving the Crosspointe Preliminary Plat Resolution. A. B. C. D, Hearing Examiner Report and Recommendation, September 21, 2004 Staff Report to Hearing Examiner, August 25, 2004* Staff Memoranda to the Hearing Examiner, August 31,2004 City Council Draft Resolution for Crosspointe Preliminary Plat Approval A full copy of the Staff Report to the Hearing Examiner, with exhibits, is available in the City Council Room, ApPROVAL OF COMMITTEE REpORT Michael Park, Member Eric Faison, Member Jack Dovey, Chair Land Useffransportation Committee Crosspointe Preliminary Plat September 27,2004 Page 4 CITY OF . . --.----- ~'-'~r:r~ .- - ~~~'-- ~~ AY'" 33530 1ST WAY SOUTH (Jb : 8¡ req JMti ~JlJ (206) 661-4000 FEDERAL WAY, WA 98003-6210 September 21, 2004 'r~ [¡; ~ [¡; ~ VJ [Ë r~¡ II II SEP 2 1 2004 1l!:!J City C;.~; Offi,~e City of i:~'¡e:a! Ww Willex-USA 31182 - 3rd Court South Federal Way, WA 98003 RE: PRELIMINARY PLAT OF CROSSPOINTE Federal Way File No. 03-10 1214-00-SU Related File No. 03-10121 5-SE FWHE #04-08 Dear Applicant: Enclosed please find the Report and Decision of the City of Federal Way Hearing Examiner relating to the above-entitled case. ST HEN K, CAUSSEAUX, JR, HEARING EXAMINER SKC/ca cc: All parties of record City of Federal Way EXHIBIT k PAGE----L-OF .-JL Page - 2 CITY OF FEDERAL WAY OFFICE OF THE HEARING EXAMINER IN THE MATTER OF: ) ) ) ) ) FWH E# 04-08 FW# 01-101214-00-SU Related File # 03101215-SE PRELIMINARY PLAT CROSSPOINTE SUBDIVISION I. SUMMARY OF APPLICATION The applicant requests preliminary plat approval of a five-lot residential subdivision, The proposal includes the subdivision of 1.4 acres into five residential single-family lots. One existing single-family dwelling and two existing outbuildings on the property will be demolished. The proposal also includes developing a private access tract what will be reserved for potential future public dedication, Street improvements, water, sewer, utilities, storm drainage control improvements, and other related infrastructure improvements will be installed to service the plat. II. PROCEDURAL INFORMATION Hearing Date: Decision Date: September 7, 2004 September 21, 2004 At the hearing the following presented testimony and evidence: 1. 2. Jane Gamble, Associate Planner, City of Federal Way Stuart Scheuerman, P.E, ESM, Consulting Engineers, LLC" 720 South 348th Street, Federal Way, WA 98003 Jeff Bellinghausen, 35809 20th Ave SW, Federal Way, WA 98023 Kim Scattarella, Public Works Engineering and Traffic Division, City of Federal Way 3. 4, At the hearing the following exhibits were admitted as part of the official record of these proceedings: 1. 2. Staff Report with all attachments Memorandum Correction Errata to Staff Report EXHIBIT A PAGE 7- OF---1L Page - 3 3. Power Point Presentation (Hard Copy) III. FINDINGS 1. The Hearing Examiner has heard testimony, admitted documentary evidence into the record, and taken this matter under advisement. 2. The Community Development Staff Report sets forth general findings, applicable policies and provisions in this matter and is hereby marked as Exhibit "1" and incorporated in its entirety by this reference. 3. All appropriate notices were delivered in accordance with the requirements of the Federal Way City Code (FWCC), 4. The applicant has a possessory ownership interest in a rectangular, 1.4 acre parcel of property abutting the west side of 20th Avenue SW, south of its intersection with SW 356th St. within the City of Federal Way, The applicant requests preliminary plat approval to allow subdivision of the site into five single family residential lots, 5. Improvements on the site include a single family residential dwelling and two outbuildings, all of which the applicant will demolish and remove. Vegetation on the site consists of heavy underbrush and trees, and a major of the property slopes downward in a southwesterly direction with slopes of less than 2%. Abutting uses on the north side include residential development and undeveloped land while residential subdivisions located within the City of Tacoma abut the south and west sides of the parcel. 6. The preliminary plat map shows four lots abutting 20th Avenue SW and the fifth lot located in the northwest corner of the parcel behind lots one and two. A stormwater detention facility is located in the southwest corner of the parcel south of the fifth lot and west of lots three and four. A 12 foot wide driveway extends west from 20th Avenue SW along the north property line to provide access to lot five, and a 30 foot wide private access tractextends west from 20th Avenue SW along the south property line to provide access to the storm drainage facility. Lots one and five and lots two and three have joint accesses onto 20th Avenue SWand lot four will access onto the private access tract serving the storm drainage pond. EXHIBIT A PAGE ? OF ---L Page - 4 7. 8, 9. 10, The parcel is located within the Single Family High Density designation of the City of Federal Way Comprehensive Plan and the Single Family Residential (RS) 9.6 zone classification of the Federal Way City Code (FWCC). Section 22-631 FWCC authorizes detached single family dwelling units as outright permitted uses in the RS 9,6 zone classification, Said section requires a minimum lot size of 9,600 square feet, front yard setbacks of 20 feet, and side and rear yard setbacks of five feet. Said section also authorizes a maximum lot coverage of 60%. The preliminary plat map shows that all lot sizes satisfy the bulk regulations of the RS-9,6 zone classification, and that the rectangular lot shapes provide a reasonably sized building envelope for single family residential home, No wetlands exist on or within 200 feet of the parcel as established by a wetland assessment, and no priority species of wildlife inhabit the site or nearby vicinity, The alderwood gravelly sandy loam soils can support urban development. Six trees on the site meet the definition of "significant", and the applicant will retain three of such trees. Pursuant to Section 22-1568 FWCC, the applicant will not need to replace significant trees. In accordance with Chapter 20 FWCC the applicant proposes to make a "fee in lieu" payment as opposed to dedicating open space. The City will calculate the fee in lieu based upon 15% of the assessed value of the property or a recent appraisal thereof. The applicant will construct half street improvements on the west side of 20th Avenue SW across the plat frontage. Half street improvements include a four foot wide planter strip, five foot wide sidewalk, and three foot wide utility strip, Furthermore, as part of the required school access route, the applicant will construct a five foot wide, asphalt, walking path next to the driving surface of 20th Avenue SW from the north property line of the plat to the existing sidewalk on SW 356th St. The applicant will separate the walking path from the travel surface by an extruded asphalt curb. The private easement providing access to lot four and the storm drainage pond will include a four foot wide planter strip and five foot wide sidewalk. 11. All five lots in the subdivision will have ownership of the private access tract serving the storm drainage pond and must execute a maintenance agreement with language approved by the City. Improvements on the 30 foot wide access tract will include a 20 foot pavement width with vertical curb and gutter, four foot planter strip, street trees, and a five foot wide sidewalk on the north side of the eXHIBIT - If PAGE- Lf OF -lL Page - 5 12. 13. 14. tract. The applicant will also set aside the tract for future right-of-way dedication. Schools serving the site include Enterprise Elementary, lIahee Junior High, and Federal Way Senior High, The school district provides bus transportation to all schools and walking paths from the plat provide safe access to school bus stops located at the intersection of 18th Avenue SW and SW 357th S1. and at SW 356th and 20th Avenue SW, As previously found, the applicant will provide a safe route for school related pedestrian traffic with the five foot wide, asphalt, walking path extending to the existing sidewalk on SW 356th St. The applicant must also comply with the City School Impact Fee Ordinance and make a per lot payment to the district of $3,269 per single family housing unit, collected at the time of building permit issuance. The lakehaven Utility District will provide both potable water and fire flow to the site and will also provide public sewer service to each lot. The applicant will design all storm drainage facilities to the standards set forth in the 1998 King County Surface Water Design Manual and the City's amendments thereto. The City's Public Works Department has reviewed the technical information report provided by the applicant's consulting engineers, The drainage plan proposes to collect stormwater from impervious surfaces and direct it to a private stormwater detention and water quality facility near the southwest corner of the site, The City will approve the final review of the facility and storm drainage plan. The applicant proposes to discharge stormwater from the site to the City of Tacoma's conveyance system which discharges to Commencement Bay. The detention pond will drain into a ditch which discharges to a catch basin at the start of the City of Tacoma's stormwater conveyance system. An abutting property owner testified that flooding occurs in the ditch area, and the applicant confirms standing water due to the flat topography, The applicant attempted to acquire an easement extending from the storm drainage pond to Tacoma's catch basin. However, the abutting property owner was unwilling to grant the easement. Even without the easement the storm drainage system meets all adopted City standards, and the volume of stormwater discharged from the plat will not exceed existing runoff and will therefore not contribute to downstream flooding, The abutting property owner to the south expressed concerns regarding the a paved private access tract and sidewalk. The access road essentially dead ends at the storm drainage pond, and the City has placed a barricade at the terminus. Chilç:Jren and other pedestrians access parcels to the west via the access tract, and trespass on the property to the south.. Paving the road and installing a EXHIBIT --LÌ- PAGE 5 OF --.lL Page - 6 15. A. sidewalk will likely increase the pedestrian cut through traffic. The Examiner has therefore added a condition of approval which requires the applicant to construct a six foot high, solid board fence along the south property line of the parcel. Prior to obtaining preliminary plat approval the applicant must establish that the request satisfies the criteria set forth in Section 20-126(C) FWCC, Findings on each criteria are hereby made as follows: As previously found, the project is consistent with the Single Family High Density designation of the comprehensive plan. B. The preliminary plat must comply with the provisions of FWCC Chapter 18 "Environmental Policy"; Chapter 20 "Subdivisions"; Chapter 22 "Zoning"; and all other applicable City codes and regulations, Conditions of approval ensure compliance with all requirements, C. The project will be consistent with the public health, safety, and welfare, assuming compliance with conditions of approval and adopted City standards, D. The preliminary plat complies with the design criteria set forth in Section 20-2 FWCC. E. The preliminary plat complies with the development standards set forth in Sections 20-151 through 157, and Sections 20-158 through 187. IV. CONCLUSIONS From the foregoing findings the Hearing Examiner makes the following conclusions: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2, . The proposed preliminary plat is consistent with the Single Family High Density designation of the Federal Way Comprehensive Plan and satisfies all bulk regulations of the RS 9.6 zone classification. 3. The proposed preliminary plat satisfies all criteria set forth in Section 20-126(C) FWCC. EXHISIT ~ PAGE~OF JL " . Page - 7 The proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, potable water supplies, sanitary sewers, transit stops, schools and school grounds, parks and playgrounds, and safe walking conditions. The preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision and therefore should be approved subject to the following conditions: 4. 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC, Compliance may result in reducing the number and/or location of lots as shown on the preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. 2. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B, On-site stormwater quality treatment and detention using level 2 flow control shall be provided using the basic water quality menu options of the 1998 KCSWDM as amended by the City of Federal Way, Final review of the stormwater quality and detention will occur in conjunction with the full drainage review. The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the following requirements: A. 20th Avenue SW shall be improved along the frontage the project as a Minor Collector, half-street improvement. Improvements will include a minimum of 18 feet of pavement from the centerline of the right-of- way, vertical curb and gutter, four-foot planter strip, street trees, streetlights, and five-foot sidewalk, and three-foot utility strip within existing right-of-way (curb, planter strip, sidewalk and utility strip will be provided on only the west side of 20th Avenue SW), B. The private access tract shall be improved to the private access tract EXHIBIT A PAGE f OF-1L . . Page - 8 standard and shall be limited to serving Lot 4 and providing access to the private stormwater detention pond. All five lots in the subdivision shall have undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tract shall be included on the plat and the language approved by the City, Improvements shall include a 30 foot tract width and 20 foot pavement width with vertical curb, gutter, four-foot planter strip, and a five foot wide sidewalk on the north side of the street. A three foot wide utility easement shall be provided along the southern lot line of Lot 4. Tract length shall be limited to a maximum of 150 feet from face of curb to end of the tract. C, The private access tract shall have a minimum pavement section of three inches of Class B asphalt over seven inches of crushed surfacing on all internal streets; 20th Avenue SW shall have three inches of Class B asphalt over eight inches of crushed surfacing. 3. Clearing for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Preliminary Road Grading, Storm Drainage, and Utility Plan, Sheet 4, that was prepared by the applicant for the preliminary plat process, The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the Community Development and Public Works Dêpartment during final engineering plan review as required to reflect changes in road and utility designs, if any. 4. The applicant shall construct an attractive, well built, six foot high, solid board fence along the applicant's south property line. The applicant shall install the posts in concrete and cap the posts. EXHISRT - d PAGE '$-- OF----1L Page - 9 RECOMMENDA TION: It is hereby recommended to the Federal Way City Council that the preliminary plat of Crosspointe be approved subject to the conditions contained in the conclusions above. TRANSMITTED THIS 21st DAY OF September, 2004, to the following: ENGINEER: Stuart Scheuerman, P.E. ESM, Consulting Engineers, L.L.C. 720 South 348th Street Federal Way, WA 98003 OWNER: Willex - USA, 206-953-8421 31182 3rd Court South Federal Way, WA 98003 ,Jeff Bellinghausen 35809 20th Ave SW FederalVVay, VVA 98023 IEXH~8IT It PAGE-3-0F ----1L Page - 10 CITY COUNCIL REVIEW, ACTION Pursuant to Section 20-127, following receipt of the final report and recommendation of the hearing examiner, a date shall be set for a public meeting before the city council. The city council review of the preliminary plat application shall be limited to the record of the hearing before the hearing examiner, oral comfJ'lents received during the public meeting (so long as those comments do not raise new issues or information not contained in the examiner's record) and the hearing examiner's written report. These materials shall be reviewed for compliance with decisional criteria set forth in section 20-126. The city council may receive new evidence or information not contained in the record of hearing before the hearing examiner, but only if that evidence or information: (i) relates to the validity of the hearing examiner's decision at the time it was made and the party offering the new evidence did not know and was under no duty to discover or could not reasonably have discovered the evidence until after the hearing examiner's decision; or (ii) the hearing examiner improperly excluded or omitted the evidence from the record, If the city council concludes, based on a challenge to the hearing examiner recommendation or its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or not adequate to allow the city council to make a decision on the application, the city council may by motion remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion, After considering the recommendation of the hearing examiner, the city council may adopt or reject the hearing examiner's recommendations based on the record' established at the public hearing. If, after considering the matter at a public meeting, the city council deems a change in the hearing examiner's recommendation approving or disapproving the preliminary plat is necessary, the city council shall adopt its own recommendations and approve or disapprove the preliminary plat. As part of the final review, the city council may require or approve a minor modification to the preliminary plat if: (a) (b) The change will not have the effect of increasing the residential density of the plat; The change will not result in the relocation of any access point to an exterior street from the plat; The change will not result in any loss of open space or buffering provided in the plat; and (c) EX~ðBBrr. It P AGE -l~- JJ F --.!.L . 0<, Page - 11 (d) The city determines that the change will not increase any adverse impacts or undesirable effects of the project and that the change does not significantly alter the project. fEXHIBIT A PAGE~OF --LL FILE ~ CITY OF ~ Feder~1 Way I. II. III. IV. V. VI. VII. VIII, IX, X, XI. XII. XIII. COMMUNITY DEVELOPMENT SERVICES DEPARTMENT STAFF REPORT TO THE FEDERAL WAY HEARING EXAMINER PRELIMINARY PLAT OF CROSSPOINTE Federal Way File No. 03-101214-00-SU Related File No: 03-101215-SE PUBLIC HEAR[NG SEPTEMBER 7,2004 2:00 p.m. FEDERAL WAY CiTY HALL CiTY COUNCiL CHAMBERS 33325 8th Avenue South Table of Contents General Information .........,.....,........,..,.........,."".".,.".,.,.,.,..""""""""""""""""""""""""""""""....,."...,...2 Consulted Departments and Agencies .,............................,.,..,........,...."....""",..."....,...,.".,.,.....,....,......,...,...3 State Environmental Policy Act ...,."............................."..""...,.,.,..,...,.,...".,.,.,..,...".,..............,.................,...3 Natural Envirorunent ....,......,...~.......,",...............,.,.,.,....,......,..."""""""""""""""""""""""""""""""""""3 Neighborhood Characteristics ..........................,...."".................,........................"...,......................................4 General Design .,.............,..,............,...",.............................,.....",..,.......,........."""".,....,.,..."...."....".".....,.....4 Transportation .....,.........,...........,.,................................"""""""""'.........,........,.".,......,.......,........,......,.........5 Public Services ............,.,...............,.,..,....,...,.,..........,....,...,.....,........,..........,..........,..,.....,....,............,.,.....,.....6 Utilities ....,....,...........,.,..,.............,.",.,..,.."".,.,..."""""""'."""""""""""'."""""""""""""....,.."...,....,..,...... 7 Analysis of Decisional Criteria........".,.,.,..,...,........................".,.,.".,.....,..,.,.,.."""".,....,...,....".."......,.,.........8 Findings of Fact....,.........,..............................,....,......,... """"""""""""""""""""""""""""""""""'"........,..9 Recommendation .....,.............;,..........,.,..... ...,..,.,... ..,...,..,..,.,..................................,...,...,.........................,....11 List of Exhibits ....................................,...."".,....,..............."'"........,..................,."......,................,........,......12 Report Prepared by: Jane Gamble, Associate Planner August 25, 2004 EXHIBIT ß PAGE , OF I 'L .- ' ..,~;>", - ,', ~.-.~,,;~ File No: 03-101214-00-SU (SEPA related File No: 03-101215-SE) Engineer: Stuart Scheuerman, P.E, ESM, Consulting Engineers, LLC. 720 South 3481h Street Federal Way, W A 98003 Phone: 253-838-6113 Owner: Willex - USA, 206-953-8421 31182 3rd Court South . Federal Way, W A 98003 Action Requested: Preliminary plat approval of a five-lot residential subdivision as provided for under Federal Way City Code (FWCC) Chapter 20, "Subdivisions," and requiring approval pursuant to FWCC Section 20-110, Staff Representative: Jane Gamble, Associate Planner, 253-661-4019 Staff Recommendation: Preliminary Plat Approval I GENERAL INFORMA nON A. Description of the Proposal- The proposal includes the subdivision of 1.4 acres into five residential single-family lots, One existing single-family dwelling and two existing outbuildings on the property will be demolished. The proposal also includes developing a private access tract that will be reserved for potential future public dedication. Street improvements, water, sewer, utilities, storm drainage control improvements, and other related infrastructure improvements will be installed to service the plat. The preliminary plat map, revised May 11, 2<JO4, along with a preliminary landscape plan; preliminary site-and utility plan; existing conditions plan and preliminary landscape plan by ESM Consulting Engineers are enclosed (Exhibit 1). Location - The subject property is located along the west side of20lh Avenue SWat 35717 20lh Avenue SW, in Federal Way, WA (Exhibit 2). B. c. Parcel No. - 252103-9017. Legal description is on the plat map. D. Size of Property - The subject site has a land area of 61,550 square feet (IAI acres). E. Land Use and Zoning - Direction Zoning Comprehensive Plan Existing Land Use Site RS-9.6 SF - High Density Vacant North RS-9.6 SF - High Density SFR1 South City Limits City of Tacoma Single family Residential East RS9.6 SF - High Density 20th Avenue SW and SW 358dl Court, and SFR West City Limits City of Tacoma SFR 'SFR = single family residential. Staff Report to Hearing Examiner Preliminary Plat ofCrosspointe EXHIBIT j3 PAGE 2.- OF \t1...°3-IOI214/~.I:~~~J~ II F. Background - The preliminary plat of Crosspointe was submitted on March 28, 2003 (Exhibit 3). The application was detennined complete on April 25, 2003. CONSULTED DEPARTMENTS AND AGENCIES The following departments, agencies, and individuals were advised of this application. A. Community Development Review Committee (CDRe), consisting of the Federal Way Community Development Services Planning and Building Divisions; Public Works Engineering and Traffic Divisions; Parks, Recreation, and Cultural Resources Department; Department of Public Safety (Police); Federal Way Fire Department; Lakehaven Utility District; City of Tacoma; and Federal Way Public Schools. CDRC comments have been incorporated into this report where applicable. B. All property owners and occupants within 300 feet of the site were mailed notices of the complete preliminary plat application (Exhibit 4). The site was also posted and notice published in the newspaper and on the City's official notice boards. No written comments were received. C, In accordance with the State Environmental Policy Act (SEP A) and FWCC Chapter 18, "Environmental Protection," all property owners and occupants within 300 feet of the site, and all affected agencies, were notified of the proposed action and the City's environmental decision. In addition, the site was posted and notice placed in the newspaper and on the City's official notice boards. III STATE ENVIRONMENTAL POLICY ACT Environmental Determination of Nonsignificance (DNS) was issued by the City of Federal Way for the proposed action on February 4, 2004 (Exhibit 5). This detennination was based on review of infonnation in the project file, including the environmental checklist (Exhibit 6), and staff evaluation of the environmental checklist for Crosspointe (Exhibit 7), resulting in the conclusion that the proposal would not result in probable significant adverse impacts on the environment. No comments or appeals on the SEP A decision were submitted to the City. IV NATURAL ENVIRONMENT A. Soils - The 1973 King County soils survey map lists the soils type as Alderwood Gravelly Sandy Loam (AgB). Alderwood soils are characterized as moderately well drained soils that have a weakly consolidated to strongly consolidated substratum at a depth of 24 - 40 inches. AgB soils are described as capable for urban development, runoff is slow, and erosion hazard is slight. Typical soils excavation will occur with the street construction, at the site of the proposed on- site water quality treatment facility, and for utility installation. The preliminary clearing and grading plan depicts clearing limits for construction of the following facilities: street right-of- way, surface water pond, demolition of existing structures, and utility development. B. Topography - GeoResources LLC, has prepared a geotechnical engineering study for the project, dated March 14,2003 (Exhibit 8). The soils characteristics are described in detail in the 03-101214/ Doc.I.D. 28636 I L Page 3 Staff Report to Hearing Examiner Preliminary Plat of Crosspointe PAGE :3> OF v report. The geotechnical report summarizes that the proposed development is feasible from a geotechnical standpoint and there is no evidence of soil movement or instability. The City of Federal Way Environmentally Sensitive Areas Map does not reveal this site to be in a problem area relative to landslide, seismic hazard, erosion, steep slope hazards, or 100-year flood plain. c. Vegetation - The site is partially wooded and consists primarily of second growth forest with a mixture of conifer and broad leaf trees, with an understory of native shrubs, A second growth mixed forest and a second growth broad leaf forest are the two most prevalent vegetation types on that portion of the site which will be developed. A significant tree retention plan (Exhibit I) was submitted with the application as part of the required landscape plan. There are a total of six significant trees on the subject property, The applicant has proposed to remove three ofthese trees from the interior of the site. Pursuant to FWCC Section 22-1568, no tree replacement is required, City policy and FWCC Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. Retained significant trees outside of open space areas would be regulated under FWCC Section 22-1568, "Significant Trees," at the time of individual home construction, D. Wetlands - There are no wetlands on-site or within 200 feet of the subject property, as identified in the May 29,2002, B-Twelve Associates letter. No wetlands or surface waters are known to exist on or around the property, and no wetlands or streams are identified on the City's environmentally sensitive areas maps. E. Wildlife and Habitat - No wildlife species recognized as priority species are known to inhabit the site, or the nearby vicinity. NEIGHBORHOOD CHARACTERISTICS Vicinity- The property is situated in the southern portion of the City, in a single-family residential area with Neighborhood Business zoning (BN) directly to the north of the property. The site is currently developed with a single-family home and two outbuildings, which will be demolished as part of the development. The surrounding properties are large parcels originally developed with single-family homes. The properties to the north are zoned BN, and commercial businesses are operating out of what were once single-family dwelling units. The land to the southeast of the subject site (on the east side of20lh Avenue SW) is partially developed as the subdivision known as Hampsted Green No, 2; the minimum lot size in this subdivision is 6,000 square feet. The City of Federal Way limits are directly to the south; Tacoma, which is part of Pierce County, is further to the south, VI GENERAL DESIGN A. Density and Lot Size - Pursuant to FWCC Section 20-153, all lots in conventional subdivisions shall meet the density and minimum lot size requirements - in this instance, 9,600 square feet per lot. The proposed five lots each meet this minimum size. B. Lot Layout - All five of the proposed lots are ofrectangular shape. Lots 1,2,3, and 5 have direct access to 20lh Avenue SW. Lot 5, located behind Lot 1 and Lot 2, is configured with a 22-foot wide pipestem access. Lot 4 shall have access to a rivate access tract along the , .. """" "to. ~ -1 1214/Doc.I.D,28636 PAGE Lf OF 12 Page 4 Staff Report to Hearing Examiner Preliminary Plat of Crosspointe southern property line that connects to 20th Avenue SW. All building setback lines (BSBL) are depicted on the preliminary plat map, and each lot contains an adequate building area. A twenty-foot wide water casement runs along the western property line, transecting Lot 5 and the private storm drainage tract. The applicant will be required to vacate this easement prior to final plat approval. c. Open Space - To provide adequate recreational opportunities commensurate with new residential development, FWCC Chapter 20, "Subdivisions," requires dedication of land on site for open space, or a fee-in-lieu payment. -The applicant has proposed the fee-in-lieu option rather than proyide on-site open space. The fee-in-lieu of open space shall be calculated on 15 percent of the assessed value of the property based on an assessment that is no more than one year old at the time of final plat submittal. In the absence of an assessment, the market value shall be based on an appraisal conducted by a MAl certified appraiser or another professional appraiser approved by the Parks Director. Again, the appraisal shall be no more than one year old at the time of final plat submittal. D. Subdivision Access and Roadway System - Access to the site is via 20th Avenue SW, an existing minor collector street. Section VII of this report provides a detailed description of the proposed roadway system and improvements. E, Pedestrian System - A sidewalk will be provided along the 20th Avenue SW street frontage. Specifically, half street improvements include a four-foot wide planter strip, five-foot wide sidewalk, and three-foot wide utility strip. As part of the required school access route, the applicant will provide a five-foot asphalt walking path next to the driving surface separated by an extruded asphalt curb from the project site along 20th A venue SW to the existing sidewalk on SW 356th Street. The Federal Way School District and Federal Way Public Works Department will approve the final configuration of the required school access path. The private easement tract to the south of proposed Lot 4 shall be constructed with a four-foot wide planter strip and five-foot wide sidewalk. F. Landscape Buffers - In accordance with FWCC Chapter 20, "Subdivisions," landscape buffers are specified only when the plat is adjacent to an incompatible zoning district. The proposed plat is bordered on all sides by single-family residential zoning; therefore, no perimeter buffers are required. Street trees, when mature, and screening of the stonn drainage tract, will contribute to visual buffering, Street tree requirements are described in Section VII-A of this report. VII TRANSPORTAnON A. Street Improvements - Access to Lots 1,2,3, and 5 is via 20th Avenue SW. Lot 4 will have access off a private access easement to the south of the property. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of Crosspointe subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. The public right-of-way of20lh Avenue SW shall be improved along the frontage of the project as a Minor Collector, half-street improvement. Improvements will include a minimum of20 feet of pavement, vertical curb and gutter, four-foot planter strip, street trees, streetlights, and five-foot wide sidewalk, and three-foot utility strip within existing right-of-way (curb, planter strip, sidewalk, and utility strip will be provided .r r,g"c;ide of 20th Avenue SW). Staff Report to Hearing Examiner Preliminary Plat ofCrosspointe 214/ Doc. to, 286]6 Page 5 PAGE 5 12 n"""' jJr The proposed private access tract shall be improved to the City code private access tract standard and shall be limited to serving proposed Lot 4 as well as providing maintenance access to the storm water detention pond. All five lots in the subdivision shall have ownership of the tract and be responsible for its maintenance of the private access tract. The maintenance agreement for the private access tract shall be included on the plat and the language approved by the City. Improvements shall include a 30-foot tract width and 20-foot pavement width with vertical curb, gutter, four-foot planter strip and street trees and five-foot wide sidewalk on the north side of the tract, and a three-foot utility easement along the south property line of Lot 4. Tract length shall be limited to a maximum of 150 feet from face of curb to end of the tract. The private access tract will be set aside for future right-of-way dedication at such time as the City deems necessary. Pursuant to Public Works Department review, the private access tract shall have a minimum pavement section of three inches of Class B asphalt over seven inches of crushed surfacing, and 20th A venue SW shall be three inches of Class B asphalt over eight inches of crushed surfacing to support the traffic loads. - Street lighting is required on all streets, pursuant to FWCC Section 22-1522. The Public Works Department and Federal Way Fire Department have approved preliminary roadway design and curve radius as proposed. B. Off-Site Traffic Mitigation - This proposal has been reviewed under the State Environmental Policy Act (SEP A). No mitigation for traffic impacts was identified in the SEP A review of the proposal. VIII PUBLIC SERVICES School service areas are reviewed annually and may be adjusted to accommodate enrollment growth and new development. School impact fees, as authorized by City ordinance and collected at the time of building permit issuance, are currently $3,269.00 per single-family housing unit. School impact fees are determined on the basis of the district's Capital Facilities Plan and are subject to annual adjustment and update. ~ ~ , , Staff Report to Hearing Examiner Preliminary Plat ofCrosspöinte A. Schools - As part of the City's initial review of the proposal, the preliminary plat application was referred to the Federal Way School District for comments, March 6, 2003, comments from the school district indicate Enterprise Elementary, IIlahee Junior High, and Federal Way Senior High schools will serve the proposed subdivision, The site is also in a transportation area for Todd Beamer High. There is school bus transportation to all four schools. The proposed walking path from the development will provide safe access to the following bus stops: bus stops for Enterprise and IIlahee are located at 181h Avenue SW and SW 3571h; the closest high school stop is located àt SW 356(h and 20th Avenue SW (eastbound). The school district did not indicate any required improvements in its March 6, 2003 comments. B. The applicant provided a March 2003, School Access Analysis (Exhibit 10). The school access analysis identifies a safe path of travel for students walking. In summary, a safe route of school- related pedestrian travel will be provided by a five-foot asphalt walking path next to the driving surface, separated by an extruded asphalt curb from the project site along 20th Avenue SW to the existing sidewalk on SW 3561h Street. Final location and design of the school access path shall be approved by the Federal Way School District and the Federal Way Public Works Department prior to issuance of construction permits for infrastructure improvements, -101214/ Doc.I.D, 28636 Page 6 OF \2 C. Parks & Open Space - The applicant has chosen to satisfy the open space requirement of FWCC Section 20-155 via a fee-in-lieu payment, which has been approved by the City of Federal Way Parks Director. The fee-in-lieu of open space payment shall be calculated on 15 percent of the most recent assessed or appraised value of the property. On-site parks and open space requirements are discussed in Section VI of this report, D. Fire Protection - The Certificate of Water Availability from the Lakehaven Utility District indicates that water will be available to the site in sufficient quantity to satisfy fire flow standards for the proposed development. The Fire Department requires that a fire hydrant be located within 350 feet of each lot. The exact number and location of fire hydrants will be reviewed and approved by the Fire Department. The Fire Department has indicated that the proposed length and width of the driveway serving lot 5 will require that a single-family residence on this lot be provided with a sprinkler system. IX UTILITIES The FWCC establishes review procedures and decisional criteria for deciding upon various types of land use applications. Pursuant to FWCC Chapter 20, "Subdivisions," Section 20-110, preliminary plat applications are submitted to the Hearing Examiner for public hearing. The preliminary plat application and the recommendation of the Hearing Examiner is submitted to the City Council for approval or disapproval. Staff Report to Hearing Examiner Preliminary Plat of Crosspointe x A, Sewage Disposal- The applicant proposes to serve the proposed plat by a public sewer system managed by Lakehaven Utility District. A March 14,2003, Certificate of Sewer Availability (Exhibit II) indicates the district's capacity to serve the proposed development through a Developer Extension Agreement (DEA) between the applicant and the district. Water Supply - The applicant proposes to serve the subdivision with a public water supply and distribution system managed by the Lakehaven Utility District. A March 14, 2003, Certificate of Water Availability (Exhibit 12) indicates Lakehaven's capacity to serve the proposed development. If additional hydrants or other fire protection systems are indicated, a Development Extension Agreement may be required. B. C. Drainage Facilities - Development of the site will create additional runofffrom new impervious surfaces such as streets, driveways, and rooftops. Stonn drainage facilities are being designed in accordance with the 1998 King County Surface Water Design Manual (KCSWDM) and the City's amendments to the manual. The applicant's May 2004, preliminary stonnwater Technical Infonnation Report (Exhibit 13) by ESM Consulting Engineers, was reviewed by the City's Public Works Department The preliminary design proposes to collect and convey water through a series of pipes and catch basins into a private stonnwater detention and water quality treatment facility located near the southwest portion oftheCrosspointe site. The private stonnwater detention and treatment facility shall be jointly owned and maintained by all five lots and shall be accessed via the private access tract along the southern edge of the subject property. Final review of the stonnwater quality and detention will occur in conjunction with the full drainage review. ANALYSIS OF DECISIONAL CRITERIA 03-101214/ Doc. J.D. 28636 Page 7 (L PAGE I OF Hearing Examiner Preliminary Plat Decisional Criteria - Pursuant to FWCC Section 20-126( c), the Hearing Examiner may recommend approval of the proposed preliminary plat only if the following decisional criteria are met. Decisional criteria and staff responses are provided below. 1. The project is consistent with the comprehensive plan, Staff Comment: The application is subject to the adopted 2002 Federal Way Comprehensive Plan (FWCP), which designates the property as Single Family - High Density, The proposed land use, Single Family Residential plat, with 9,600 square foot minimum lot size (RS-9.6), is consistent with density allowances and policies applicable to this land use as established in the FWCP. 2. The project is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan, Staff Comment: The preliminary plat application is required to comply with the provisions of the FWCC Chapter 18, "Environmental Policy"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. Future development of the residential subdivision will be required to comply with all applicable development codes and regulations. As proposed, and with conditions as recommended by staff, the preliminary plat will comply with all provisions of the chapter. 3. The project is consistent with the public health, safety, and welfare. Staff Comment: The proposed preliminary plat would pennit developmentofthesite consistent with the current Single Family - High Density land use classification of the FWCP and map. Proposed access and fire hydrant locations must meet all requirements of the Federal Way Fire Department. Future development of the plat in accordance with applicable codes and regulations will ensure protection of the public health, safety, and welfare, 4. It is consistent with the design criteria listed in Section 20-2. Staff Comment: The proposed preliminary plat would promote the purposes identified in FWCC Section 20-2, and the standards and regulations therein, as identified in the staff report, including effective use of land, promotion of-safe and convenient travel on streets, and provision for the housing needs of the community. As proposed, and with conditions as recommended by City staff, the preliminary plat application complies with all provisions of the chapter. 5. It is consistent with the development standards listed in S~ctions 20-151 through 157, and 20- 158 through 187. Staff Comment: Development of this site is required to comply with the provisions of FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable local and state development codes and regulations. As proposed, and as recommended by City staff, the preliminary plat application complies with all applicable statutes, codes, and regulations. Staff Report to Hearing Examiner Preliminary Plat of Crosspointe EXH~B~1f.3 03-IOI214/~.I::e3~ PAGE ¡j Or t 2 XI FINDINGS OF FACT Based on an analysis of the proposed action, environmental record, and related decisional criteria, the Department of Community Development Services finds that: 1. The proposal includes the subdivision of 1.4 acres into five residential single-family lots, a private access tract, and a private stonnwater detention facility. One existing single-family dwelling and two existing outbuildings on the property will be demolished. 2. The preliminary plat application is subject to the 2002 FWCP, and the codes and regulations in effect at the time the application was deemed complete, which was April 25, 2003. 3. The subject property is designated Single Family - High Density in the 2002 FWCP, 4. An Environmental Determination of Nonsignificance (DNS) was issued for this proposed action on February 4,2004. No appeals of the SEPA decision were submitted to the City, 5. Zoning for the site is RS-9.6, (minimum lot size 9,600 square feet). Properties to the east, west, and south of the subject property are also zoned RS 9.6. The property to the north is zoned Neighborhood Business. The proposed residential subdivision and density is consistent with applicable zoning and subdivision regulations. 6, Pursuant to FWCC Section 20-153, on this 1.4-acre parcel, the maximum number of lots allowed is five. The five proposed lots comply with applicable density requirements. 7. As proposed, each lot contains an adequate size and shape building envelope to contain a future single-family residence. Building setback lines (BSBL) are identified on the preliminary plat map. 8. A significant tree retention plan was submitted with the application. There are a total of six significant trees on the subject property. The applicant has proposed to remove three of these trees from the interior of the site. Pursuant to FWCC Section 22-1568, no tree replacement is required. City policy and FWCC Section 20-179 state that existing mature vegetation shall be retained to the maximum extent possible. Trees that may be left on individual lots following the plat infrastructure construction may be, and likely will be, removed during individual home construction. However, any significant trees removed during individual home construction will be subject to the preservation and replacement standards of the FWCC. 9. The clearing and grading limits proposed on plan sheet 3 of5 (Exhibit I) will result in clearing and gráding a portion of the site and removing all existing structure. 10. Developmentofthe site will create additional runoff from new impervious surfaces such as streets, driveways, and rooftops. Stonn drainage facilities are being designed in accordance with the 1998 KCSWDM and the City's amendments to the manual. The applicant's preliminary stonn drainage TIR (addendum) by ESM Consulting Engineers, revised May 2004, was reviewed and accepted by the City's Public Works Department. Water quality treatment is required on site, and the proposed stonnwater detention options in compliance with KCSWDM, as adopted by the City, is adequate to serve the proposed development. Final review and approval of the private stonn drainage facilities as shown on the engineering plan will occur in conjunction with full drainage review. The private stonnwater tract shall be dedicated to the homeowners who shall be responsible for its maintenance. The Staff Report to Hearing Examiner ~V~.!O,. DT (2 03-tO1214/DocI.D.28636 PreliminaryPlatofCrosspointe fk.;#\rr1Ug~ ~ Page 9 PAGE -Î-OF ~ L- "" maintenance agreement for the private storm drainage tract shall be included on the plat and the language approved by the City. The storm water detention facility shall be accessed via the private access tract that is part of the plat. II. The City's Traffic Engineer has reviewed the project and concluded that the proposed street layout of the Crosspointe subdivision is consistent with the adopted codes and comprehensive plan in place at the time of the complete application. 20th Avenue SW is designated as a minor collector. The proposed private access tract shall be improved to the City code private access tract standard and shall be limited to serving proposed Lot 4, as well as providing maintenance access for the private storm water detention facility on the subject property. All five lots in the Crosspointe subdivision shall have undivided ownership of the tract and be responsible for its maintenance. The maintenance agreement for the private access tract shall be included on the plat and the language approved by the City, The private access tract is set aside for future right- of-way dedication at such time as the City deems necessary. 12. In summary, a safe route of pedestrian travel will be provided by providing a five-foot asphalt walking path next to the driving surface, separated by an extruded asphalt curb from the project site along 20th Avenue SW to the existing sidewalk on SW 356th Street. Final location and design of the school access path shall be approved by the Federal Way School District and the Federal Way School District prior to issuance of construction permits for infrastructure improvements, 13. Water and sewer facilities are available from the Lakehaven Utility District and are adequate to serve the proposed development. It is the applicant's responsibility to secure all necessary water and sewer services from the utility provider. , 14. The applicant has chosen to satisfy the open space requirement of FWCC Section 20-155 via a fee-in-lieu payment, which has been approved by the City of Federal Way Parks Director. The fee-in-lieu of open space payment shall be calculated on 15 percent of the most recent assessed or appraised value of the property. ',.<. ' 15, The proposed preliminary plat is permitted by FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning." - 16. The proposed subdivision and all attachments have been reviewed for compliance with the FWCP; FWCC Chapter 18, "Environmental Protection"; Chapter 20, "Subdivisions"; Chapter 22, "Zoning"; and all other applicable codes and regulations. A-s proposed, and recommended by staff, the preliminary plat is consistent with the FWCP and all applicable codes and regulations, .. ~ 17. Prior to final plat approval and recording, all required and approved improvements will be constructed, or the improvements appropriately bonded, per City code requirements. XII RECOMMENDA nON Based on review of this application, environmental record, and pertinent decisional criteria, the Department of Community Development Services recommends approval of the preliminary plat subject to the following conditions: 1. Final plat approval shall require full compliance with drainage provisions set forth in the FWCC. Compliance may result in reducing the number and/or location of lots as shown on the Staff Report to Hearing Examiner f:'...:.. '\:f, ~,,:,.:r!J ~, IF')!.' :J.("..¥ J;,7 <t2 03-101214/ Doc. I,D. 18636 Preliminary Plat of Crosspointe L:; i \!< - k\ ~ ¡Lj t ~ ..D Page 10 Pf\G:[-u2-C: t2-- 2. 3. preliminary approved plat. Final storm drainage engineering plans shall comply with the following: A. Drainage plans and analysis shall comply with the 1998 KCSWDM and amendments adopted by the City of Federal Way. City of Federal Way approval of the drainage and roadway plans is required prior to any construction. B, On-site stormwater quality treatment and detention using Level 2 flow control shall be provided using the basic water quality menu options of the 1998 KCSWDM as amended by the City of Federal Way, Final review of the storm water quality and detention will occur in conjunction with the full drainage review, The proposed subdivision shall comply with the 1993 King County Road Standards (KCRS) as amended by the City of Federal Way for this project, including the following requirements: A. 20th Avenue SW shall be improved along the frontage of the project as a Minor Collector, half-street improvement. Improvements will include a minimum of 18 feet of pavement from the centerline of the right-of-way, vertical curb and gutter, four-foot planter strip, street trees, streetlights, and five-foot wide sidewalk, and three-foot utility strip within existing right-of-way (curb, planter strip, sidewalk, and utility strip will be provided on only the west side of 20th Avenue SW). B. The private access tract shall be improved to the private access tract standard and shall be limited to serving Lot 4 and providing access to the private stonnwater detention pond. All five lots in the subdivision shall have undivided ownership of the tract and be responsible for its maintenance, The maintenance agreement for the private access tract shall be included on the plat and the language approved by the City. Improvements shall include a 30-foot tract width and 20-foot pavement width with vertical curb, gutter, four-foot planter strip, and a five-foot wide sidewalk on the north side of the street. A three-foot wide utility easement shall be provided along the southern lot line of Lot 4. Tract length shall be limited to a maximum of 150 feet from face of curb to end of the tract. C. The private access tract shall have a minimum pavement section of three inches of Class B asphalt over seven inches of crushed surfacing on all internal streets; 20th Avenue SW . shall have three inches of Class B asphalt over eight inches of crushed surfacing. Clearing for the construction of the plat improvements (roads, pond, and utilities) shall be generally consistent with the clearing limits depicted on the Preliminary Road Grading, Stonn Drainage, and Utility Plan, Sheet 4, that was prepared by the applicant for the preliminary plat process. The clearing limits referenced above are the approximate clearing limits necessary for road, utility, pond, and necessary lot grading, and may be modified with the approval of the Community Development and Public Works Departments during final engineering plan review as required to reflect changes in road and utility designs, if any. C--'""~"~,,"J-,-';-'-" e L:c~l£~"i;J~:jJ J_Y , 03-101214/ Doc.I.D. 28636 Page II Staff Report to Hearing Examiner Preliminary Plat ofCrosspointe r< n-, ;--] \\ (,\",",' , " ,,' -, , I, - u-"'è:;, ,_.-,--~,,----,jJ \'2- .., XIII LIST OF EXHIBITS 1. Preliminary Plat ofCrosspointe revised 5/11/04, Significant Tree Retention Plan 5/11/04, Preliminary Road Grading and Utility Plan revised 5/11/04, Existing Conditions, 12/12/03, all by ESM Consulting Engineers 2. Vicinity Map 3. Master Land Use Application 4. Notice of Application 5. SEPA DNS for Crosspointe 6. Environmental Checklist for Crosspointe 7. Final Staff Evaluation for SEPA Checklist, Crosspointe 8, March 14,2003, report from GeoResources, LLC 9, May 29,2002, Wetland Detennination from B-Twelve Associates, lnc, 10. March 2003 (revised), School Access Analysis, prepared by ESM 11. Lakehaven Utility District Certificate of Sewer Availability, March 14,2003 12. Lakehaven Utility District Certificate of Water Availability, March 14,2003 13. Technical Information Report, prepared by ESM Consulting Engineers, dated October 2003, revised May 2004 Note: Copies of exhibits are not enclosed with all copies of this report. All exhibits have been provided to the Hearing Examiner. TRANSMITIED TO THE P ARTIESLISTED HEREAFTER: . Federal Way Hearing Examiner Applicant Agent: Stuart Scheuennan; ESM, Consulting Engineers, LLC., 720 South 3481h Street, Federal Way, W A 98003 Staff Report to Hearing Examiner Preliminary Plat of Crosspointe 1E}{H~B)~~il P 03-1O1214/~~:g~~3; rJl\~.E 12 n~~ 12- ti~PiU '<.:';I ~ A Federal Way MEMORANDUM Community Development Services Department DATE: August 31, 2004 TO: Stephen K. Causseaux, Jr., Hearing Examiner FROM: Jane Gamble, Associate Planner SUBJECT: CROSSPOINTE SUBDIVISION - (03-1O1214-00-SU) 35717 20th Avenue SW This memorandum is a correction to the Staff Report to the Hearing Examiner for the Crosspointe Preliminary Plat subdivision. Page three (3), subsection three (3) of the report incorrectly stated that there were no comments on the Environmental Determination of Nonsignificance (DNS), which was issued on February 4, 2004. The comment period for the DNS ended on February 18, 2004; on February 17, 2004, the City of Federal Way Department of Community Development Services received the enclosed letter from Jeff and Deborah Bellinghausen, dated February 12, 2004. .', p-.~"'n ¡1f'!f7'"')P"7:> C ~bi.u~U~:;J ~ PAGE---L-Of _I DR AFT RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, APPROVING WITH CONDITIONS THE CROSSPOINTE PRELIMINARY PLAT, FEDERAL WAY FILE NO. 03-101214-00 SUo WHEREAS, the owner, Willex-USA, applied to the City of Federal Way for preliminary plat approval to subdivide certain real property known as Crosspointe and consisting of 1.4 acres into five (5) single-family residential lots located along the west side of 20th Avenue SWat 35717 20th Avenue SW; and WHEREAS, on February 4, 2004, an Environmental Determination of Nonsignificance (DNS) was issued by the Director of Federal Way's Department of Community Development Services pursuant to the State Environmental Policy Act (SEPA), Chapter 43,21C; RCW,and WHEREAS, the Federal Way Land Use Hearing Examiner on September 7, 2004, held a public hearing concerning the Crosspointe preliminary plat; and WHEREAS, following the conclusion of said hearing, on September 21, 2004, the Federal Way Land Use Hearing Examiner issued a written Report and Recommendation containing findings and conclusions, and recommending approval of the preliminary plat ofCrosspointe subject to conditions set forth therein; and WHEREAS, the Federal Way City Council has jurisdiction and authority pursuant to Section 20-127 of the Federal Way City Code to approve, deny, or modify a preliminary plat and/or its conditions; and WHEREAS, on October 4, 2004, the City Council Land Use and Transportation Committee considered the record and the Hearing Examiner recommendation on the Crosspointe preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58,17 RCW, and all other applicable City codes, and voted to forward a recommendation for approval of the proposed Crosspointe preliminary plat to the full City Council, with no changes to the Hearing Examiner recommendation; and WHEREAS, on October 19,2004, the City Council considered the record and the Hearing Examiner recommendation on the Crosspointe preliminary plat, pursuant to Chapter 20 of Federal Way City Code, Chapter 58.17 RCW, and all other applicable City codes, Res. # . ,Page I EXHIBIT j) PAGE I OF 3 r"':P, AFT f \. ' Now THEREFORE, THE CiTY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: Section 1, Adoption of Findings of Fact and Conclusions, 1. The findings of fact and conclusions of the Land Use Hearing Examiner's September 21, 2004 Report and Recommendation, attached hereto as Exhibit A and incorporated by this reference, are hereby adopted as the findings and conclusions of the Federal Way City Council. Any finding deemed to be a conclusion, and any conclusion deemed to be a finding, shall be treated as such, 2. Based on, inter alia, the analysis and conclusions in the Staff Report and Hearing Examiner's recommendation, and conditions of approval as established therein, the proposed subdivision makes appropriate provisions for the public health, safety, and general welfare, and for such open spaces, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, play grounds, schools and schools grounds, and all other relevant facts as are required by City code and state law, and provides for sidewalks and other planning features to assure safe walking conditions for students who walk to and from school. 3, The public use and interest will be served by the preliminary plat approval granted herein. Section 2. Application Approval. Based upon the recommendation of the Federal Way Land Use Hearing Examiner and findings and conclusions contained therein as adopted by the City Council immediately above, the Crosspointe preliminary plat, Federal Way File No. 03-101214-00 SU, is hereby approved, subject to conditions as contained in the September 21,2004, Report and Recommendation ofthe Federal Way Land Use Hearing Examiner (Exhibit A), Section 3, Conditions of Approval Integral. The conditions of approval of the preliminary plat are all integral to each other with respect to the City Council finding that the public use and interest will be served by the platting or subdivision of the subject property. Should any court having jurisdiction over the subject matter declare any of the conditions invalid, then, in said event, the proposed preliminary plat approval granted in this resolution shall be deemed void, and the preliminary plat shall be remanded to the City of Federal Way Hearing Examiner to review the impacts of the invalidation of any condition or conditions an<! conduct such additional proceedings as are necessary to assure that the proposed plat makes appropriate Res. II , Page 2 !~,;{~l~brr. D PAGE ¿ OF:S DRAFT provisions for the public health, safety, and general welfare and other factors as required by RCW Chapter 58,17 and applicable City ordinances, rules, and regulations, and forward such recommendation to the City Council for further action, Section 4, Severability. If any section, sentence, clause, or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this resolution, Section 5, Ratification. Any act consistent with the authority and prior to the effective date of the resolution is hereby ratified and affirmed, Section 6, Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, THIS - DAY OF ,2004. CITY OF FEDERAL WAY MAYOR, DEAN MCCOLGAN ATTEST: CiTY CLERK, N, CHRISTINE GREEN, CMC ApPROVED As To FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION No. EXHIBjT [) PAGE :5 OF 3 Res. # , Page 3 ~ CITY OF ~ Federal Way PLANNING COMMISSION RECOMMENDA TION September 24,2004 FROM: Jack Dovey, Chair Land Use/Transportation Committee (LUTe) DaVi~ager Kathy McClung, o,rector of Community Development Services ~ Margaret H. Clark, AICP, Senior Planner ~ To: VIA: SUBJECT: Amendments to Federal Way City Code (FWCC) Chapters 22 and 18 Critical Aquifer Recharge Areas and Wellhead Protection Areas File #O4-102618-00-UP MEETING DATE: October 4,2004 I. BACKGROUND The purpose of the proposed amendments is to protect Wellhead Protection Areas and Critical Aquifer Recharge Areas (CARAs). Wellhead Protection Areas are based on established times of travel, or in other words the amount of time it takes for a particle of water at the zone boundary to travel to the well site. Wellhead Protection Areas include three capture zones (one-year, five-year, and ten-year capture) zones, which correspond respectively to the time that it would take a contaminant to reach a well. Critical Aquifer Recharge Areas are those areas deemed necessary to provide adequate recharge and protection to aquifers used as sources"' of potable (drinking) water. Wellhead Protection Areas meet the definition of critical aquifer recharge areas; therefore, for purposes of the code amendments and the reports, Wellhead Protection Areas and Critical Aquifer Recharge Areas will both be referred to as CARAs. The City is required by the Growth Management Act (GMA) to adopt regulations to protect CARAs. In addition, the Lakehaven Utility District is required under federal and state law to implement a wellhead protection program. The staff report to the Planning Commission is attached as Exhibit 1. . Proposed staff amendments are shown as underline (proposed additions) and strikeout (proposed deletions), with Planning Commission changes shown as double underline and €I€Jühl~ striIŒ€Jüt. The Wellhead Capture Zones Maps 1,5, and 10 are attached as Exhibits A, B, and C to Exhibit 1. II. SUMMARY OF PROPOSED AMENDMENTS/PLANNING STAFF RECOMMENDATION Regulations to protect Critical Aquifer Recharge Areas and Wellhead Protection Areas will be implemented as part of the City's State Environmental Policy Act (SEPA) review, This means that any use, unless specifically exempted, would be subject to these regulations. The following is a summary of the proposed Federal Way City Code (FWCC) amendments as presented to the Planning Commission. 1. Amend FWCC Section 22-1, "Definitions": Add new definitions as necessary related to the new code language, The proposed new definitions are contained inExhibit D of Exhibit 1. 2. Amend FWCC Chapter 22, Article IV, "Nonconformance": Add a new section (22-340) that addresses nonconfonning uses or development located in Critical Aquifer Recharge Areas and Wellhead Protection Areas (Exhibit E of Exhibit 1). Alteration or expansion of existing uses or activities that are prohibited in Wellhead Capture Zone 1 would be prohibited if the thresholds of Section 22-332 (Nonconfonning Uses) were met. Alteration or expansion of other regulated uses in CARAs would be allowed subject to the requirements of FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas," Division 9 - Critical Aquifer Recharge Areas and Wellhead Protection Areas. 3. Amend FWCC Section 22-1223, "Environmentally Sensitive Areas ": Add, ".. . subject property if it is located within a Critical Recharge Area or aI,S, or 10-year Wellhead Capture Zone" (Page 3 of Exhibit F of Exhibit 1). The recommended amendment is as follows: This article applies to the subject property if it: (1) Contains or is within 25 feet of a regulated slope; (2) Contains or is within 100 feet of a wellhead; (3) Contains or is within 100 feet of the ordinary high water mark of a major stream; (4) Contains or is within 50 feet of the ordinary high water mark of a minor stream; (5) Contains or is within 25 feet of any regulated lake; eF (6) Contains or is within 200 feet of the edge of any regulated wetland, including regulated wetlands associated with any major stream, minor stream, or regulated lake;.,Q[ (7) Is located within a Critical Recharge Area or a l, 5, or 10-year Wellhead Capture Zone. 4. Amend FWCC Section 22-1242, "Environmentally Sensitive Areas ": Add reference to LUD maps that show the location of the wellhead capture zones (Page 4 of Exhibit F of Exhibit 1). The recommended language is as follows: "The City hereby adopts the Lakehaven Utility District Wellhead 1,5, and 10 Year Capture Zones Maps as now existing or amended." The weHfield capture zone areas may be modified from time to time based on updated infonnation provided by the Lakehaven Utility District." 5. Amend FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas ": Add a new Division 9 - Critical Aquifer Recharge Areas Wellhead Protection Areas (Exhibit F of Exhibit 1). This new Division 9 is proposed to accomplish the following: l. 2. Identify prohibited new land uses or activities within WeHhead 1 Year Capture Zones. Establish peifonnance standards for certain uses or activities within designated wellhead protection areas that involve hazardous materials. Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #O4-102618-00-UP Planning Commission Recommendation to LUTC Page 2 6. Amend Chapter 22, Article XIIL Division 7, "Land Modifications" (Exhibit G of Exhibit I): State that, "The requirements of Chapter, 22. Article XIV Critical Areas shall govern for fill occurring in Critical Aquifer Recharge Areas and Wellhead Protection Areas." 7. Amend FWCC Chapter 18 (Exhibit H): l. Housekeeping changes have been made to language in this chapter to bring it into compliance with previous changes made in Chapter 197-11 WAC (SEPA Rules) as a result of the adoption of House Bill 1724. Definitions are being added relative to the new Critical Aquifer Recharge Area and Wellhead Protection amendments. Amendments are being made to existing definitions to make them consistent with FWCC Section 22-1, "Definitions," 2. 3. III. PLANNING COMMISSION RECOMMENDA nON The Planning Commission conducted a public hearing on September 1, 2004. The minutes of the September 1,2004, Planning Commission are attached as Exhibit 2, After the close of the public hearing, the Planning Commission discussed the staff recommendations and recommended approval of the staff recommendation to the City Council with two requests for staff follow-up. The Planning Commission stated that proposed FWCC Sections 22-1374 (Page 20 of Exhibit F of Exhibit I) and 22-13 75.1 (Page 18 of Exhibit F of Exhibit I), relating to regulation of single-family development needed some clarification. They also inquired whether the requirement could be implemented. The Commissioners requested that businesses that may be affected by these code amendments receive notification prior to the Land Use/Transportation Committee meeting, Response to Planning Commission's Requests: I. Any reference to the use of hazardous material by single-family uses has been deleted, because single-family uses will not be regulated and therefore, the requirement would be difficult to implement. Staff had included this language as a "Best Management Practice." The deletions to these sections are shown as d€Jlibh~ strih€Jlit. The changes as recommended by the Planning Commission are attached as Exhibit 3 and shown as follows, 22-1374 Ret?:ulation of facilities handlint?: and storint?: hazardous materials. (1) Any land uses and activities located in critical aquifer recharge areas (wellhead capture zones 1. 2. and 3) shall submit a Hazardous Materials Inventory Statement with a development permit application. SiftglIJ family nJsi¡h~fttial liSIJS €If ftazani€Jlis m.at@rials €If d@lIJt@fi€J1i8 8libstall@@8 !If@ ¡¡:;wm.~t k€Jm this r@qliif@m¡mt. blit mlist @€Jftførm. t€J tft€J8IJ ~@fføl'm.aIlIJ€J st!iftdanls ill F'HCC 22 1375.1. III additi€Jll. 0Ûn-going operation and maintenance activities of public wells by public water providers are exempt from these requirements. 22-1375,1 Use of pesticides. herbicides. aId fertilizers in critic:i aquifer rechart?:e areas and wellhead protection areas. (l) R@si¡hmtial liS@. L^<~~li@ati€J1l €If h€HlS@h€Jld ~@gtigi€!@s. h@rbi@i€!@8. all€! fcrtiliærs shall ll€Jt @;~@@@d tim.IJs. rat@8, IJ€Jft@@ßtrati€Jfts. all€! 1€J@ati€Jlls s~IJ@ifigd €Ill tlt@ ~a@kagillg. Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #04-1026 I 8-00-UP Planning Commission Recommendation to LUTC Page 3 OtO0f 11808. Proposed developments with maintained landscaped areas greater than 10,000 square feet in area shall prepare an Operations and Management Manual using Best Management Practices (BMPs) and Integrated Pest Management (IMP) for fertilizer and pesticide/herbicide applications. The BMPs shall include recommendations on the quantity, timing, and type of fertilizers applied to lawns and gardens to protect groundwater quality. 2. All property owners of commercially zoned properties that are located within a Critical Aquifer Recharge Area or Wellhead Protection Zone were notified on September 22, 2004 (Exhibit 4). Three property owners or their representative have called asking for a copy of the regulations. IV. ADDITIONAL CHANGES PROPOSED BY STAFF Staff has made some changes to FWCC Chapter 22, Article IV, "Nonconformance" as shown in Exhibit 5, purely for clarification purposes. The intent of the previous amendments as presented to the Planning Commission at their September I, 2004, public hearing has not changes V. LAND USErrRANSPORT A TION COMMITTEE ÛPTlONS/ST AFF RECOMMENDATION The Committee has the following options: I. Recommend that the full Council adopt an ordinance approving the proposed code amendments as recommended by the Planning Commission and the additional changes related to Nonconformance proposed by staff, (These changes are shown in Section m.1 and IV of this Staff Report). 2. Recommend that the full Council modify and then approve the proposed code amendments, 3. Recommend that the full Council disapprove the proposed code amendments. Staff recommends that the LUTC recommend to the full Council Option No. I above, that is, adoption of the Planning Commission's recommendations and the additional staff changes. VI. LAND USErrRANSPORT AnON COMMITTEE RECOMMENDA nON The LUTC forwards the proposed amendment to the full Council for first reading as follows: As recommended by Planning Commission, including the additional staff changes, As recommended by Planning Commission (including the additional staff changes) and amended by the LUTC, APPROVAL OF COMMITTEE ACTION: .----...-- Jack Dovey, Chair Eric Faison, Member Michael Park, Member Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #O4-102618-00-UP Planning Commission Recommendation to LUTC Page 4 LIST OF EXHIBITS Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Staff Report for the September 1,2004, Planning Commission Meeting with Exhibits A-L Minutes of September 1,2004, Planning Commission Meeting FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas" September 22, 2004, Notification of Owners of Commercial Property within CARAsfW ellhead Protection Areas ' FWCC Chapter 22, Article IV, "Nonconfonnance" Draft Adoption Ordinance 1:12004 Code Amendments\Wellhead Protection\LUTCIPC Rec Staff Report to LUTc.doc/O9/27/2004 2:52 PM Amendments to FWCC, Chapters 22 and 18, Critical Aquifer Recharge and Wellhead Protection Areas File #04-1 026 I 8-00-UP Planning Commission Recommendation to LUTC Page 5 EXHIBIT 1 STAFF REPORT FOR THE SEPTEMBER 1, 2004 PLANNING COMMISSION MEETING WITH EXHIBITS A-L ~ CITY OF .,.. ~ . Federal Way ....-: STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Chapttrs 22 and 18 Critical Aq uifer Recharge Areas and Wellhead Protection Areas File #O4-102618-00-UP Planning Commission Meeting of September 1, 2004 I. PURPOSE OF THE PROPOSED AMENDMENTS The purpose ofthe proposed Critical Aquifer Recharge Areas is to provide the City with a mechanism to protect Wellhead Protection Areas and those areas deemed necessary to provide adequate recharge and protection to aquifers used as sources of potable (drinking) water (Critical Aquifer Recharge Areas [CARAs]). Wellhead Protection Areas meet the definition of critical aquifer recharge areas; therefore, in this report, Wellhead Protection Areas and Critical Aquifer Recharge Areas will both be referred to as CARAs. II. BACKGROUND A. Requirements ofthe Growth Management Act In 1990, the Washington State Legislature adopted the Growth Management Act - Engrossed Substitute House Bill 2929, codified as Chapter 36.70A RCW (Revised Code of Washington). This statute, combined with Article 11 of the Washington State Constitution, mandates that local jurisdictions adopt ordinances that classifY, designate, and regulate land use in order to protect critical areas. Pursuant to RCW 36.70AO30, "Critical Areas" are defined as wetlands, frequently flooded areas, areas with a critical recharging effect on aquifers used for potable water (aquifer recharge areas), geologically hazardous areas, and those areas necessary for fish and wildlife conservation. B. Federal Safe Drinking Water Act Section 1428 of the 1986 Amendments to the Federal Safe Drinking Water Act mandates that every state develop a wellhead protection program. The Safe Drinking Water Act requires that all federally defined public water systems (Group A systems') using groundwater as their source implement a Wellhead Protection Program. According to the 1986 Safe Drinking I This includes all public water systems that serve 25 or more persons or 15 or more connections. Refer to WAC 246-290-020 for more details. Water Amendments, Wellhead Protection Areas (WHPAs) are defined as, "...the surface and subsurface area surrounding a well or wellfield, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or wellfield, " c. Washington State Wellhead Protection Program In Washington State, the Governor designated the Department of Health (DOH) as the lead agency for wellhead protection program development and administration. In July of 1994, the Washington Administrative Code (WAC) addressing requirements for Group A public water systems (WAC 246-290) was modified to include mandatory wellhead protection measures for all Group A water systems in the state using wells or springs as their source of supply. The Lakehaven Utility District (LUD) is a Group-A public water system, which uses - groundwater as a source, and is, therefore, mandated under federal and state law to implement a wellhead protection program. D. Relationship of Critical Aquifer Recharge Area with the State Environmental Policy Act (SEPA) and Federal Way City Code (FWCC) Chapter 18 Pursuant to RCW 36.70A.030(5) and FWCC Section 18-141, critical aquifer recharge areas are considered sensitive areas. WAC 197-11-908 states that each city or county may select certain categorical exemptions that do not apply in one or more critical areas designated in a critical areas ordinance. The City has determined that the exemptions within WAC 197-11- 800 that are inapplicable for critical areas are the following: . (I) WAC 197-11-800(1), Minor new construction, flexible threshold (2) WAC 197-11-800(2)(a) through (g), Other minor new construction (3) WAC 197-11-800(6)(a), Minor land use decisions, short plat approval (4) WAC 197-11-800~, Utilities The CARAs ordinance will be implemented as part of SEP A review. fiI. ROLE OF LAKEHA YEN UTILITY DISTRICT In the City of Federal Way, the Lakehaven Utility District (LUD), a Group-A public water system, operates 13 wells that are located within the City limits and serve all of Federal Way's residents and businesses. In addition to these 13 wells, there are additional wells located just outside the City limits within the designated Potential Annexation Area (P AA). The LUD relies on four major aquifers: the Redondo-Milton Aquifer (RMC); Mirror Lake Aquifer (MLA); Eastern Upland Aquifers (EUA); and Federal Way Deep Aquifer (FWDA). These aquifers underlay the majority of the City. The LUD has the primary responsibility for developing and implementing state-mandated wellhead protection program requirements. To date, LUD has completed the following state- mandated requirements: Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #O4-lO2618-O0-UP Page 2 . A completed susceptibility assessment Delineated wellhead protection areas for each well An inventory within each wellhead protection area of all potential sources of contamination that may pose a threat to the water bearing zone (aquifer) utilized by the well Documented that delineation and inventory findings have been distributed to required entities Developed a contingency plan for providing alternate sources of drinking water in the event that contamination does occur. Coordinated with local emergency responders for appropriate spill/incident response measures. . . . . . IV. Critical Aq uifer Recharge Areas - Designation and Classification In Washington State, a wellhead protection area is based on established times of travel, or in other words the amount of time it takes for a particle of water at the zone boundary to travel to the well site. The state DOH requires that each well have three designated Wellhead Protection Areas (WHPAs) as follows: Zone 1 - One-year capture zone: Zone I is managed to protect the drinking water supply from viral, microbial, and direct chemical contamination. Zone 2 - Five-year capture zone: Within Zone 2, all potential contamination sources shall be addressed, with an emphas.is on pollution prevention and risk reduction management. Zone 3 - Ten-year capture zone: Within Zone 3, existing "high risk" and medium risk potential contaminant sources will be targeted to receive increased regulatory attention and technical assistance, with an emphasis on pollution prevention and risk reduction management. Buffer Zone: ill addition to the above, a buffer zone may be identified that potentially extends to include the entire zone of contribution (the entire area around a well or wellfield that is recharging or contributing water to the well or wellfield.). The buffer zone may also identify additional non- contiguous critical aquifer recharge areas requiring protection from contamination, In the City of Federal Way, CARAs will be implemented in only Zones 1-3 as follows: 1. Class I CARAs include those mapped areas located within the one-year capture zone of a Wellhead Protection Area (Exhibit A). 2. Class 2 CARAs include those mapped areas located within the five-year capture zone of a Wellhead Protection Area (Exhibit B). 3. Class 3 CARAs include those mapped areas located within the ten-year capture zone of a Wellhead Protection Area (Exhibit C). In developing regulations to protect critical aquifer recharge areas and wellheads, the one-year capture zone is the most critical in terms of eliminating risks of contamination. A hazardous material spill or release within the one-year capture zone would be difficult to contain or clean up before it might potentially reach the drinking water source, Typical clean up activities can take six months or longer to implement and carry out. Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-1026 I 8-OO-UP Page 3 v. VI, RESEARCH Staff reviewed the following documents/materials in the preparation of the proposed amendments to the FWCC: . Federal Requirements established by the Safe Drinking Water Act of 1986 Washington State DOH, Wellhead Protection Program Guidance Document, April 1995 Department of Ecology~ Guidance Document for the Establishment of Critical Aquifer Recharge Area Ordinances, July 2000 Lakehaven Utility District, Wellhead Protection Area Definition, June 1996 Lakehaven Utility District, Wellhead Protection Program, December 1998 EPA/APAlPAS, A Guide to Wellhead Protection, 1995 APA Environment and Development, A Primer in Aquifer and Wellhead Protection, February 1994 APA Zoning News, Zoningfor Wellhead Protection, August 1995 , City of Bonney Lake, Wellhead Protection Areas - Classification and Regulation City of Burien, Critical Aquifer Recharge Areas - Classification and Performance Standards, 2003 City of Portland, OR; Columbia South Shore Wellhead Protection Area, June 2003 City of Redmond, Wellhead Protection Ordinance, 2003 City of Renton, Wellhead Protection Regulations South Tacoma, Gröundwater ProtectionOistrict Regulations, 1988 City of Stanwood, Wellhead Protection Code Provisions (summary) City of Issaquah, Proposed Amendments for Critical Aquifer Recharge Areas (CARA), 2004 . . . . . . . . . . . . . . . SUMMARY OF PROPOSED AMENDMENTS Aquifer recharge areas provide a source of potable water and contribute to stream discharge during periods of low flow. The City finds that certain portions of its planning area are susceptible to contamination of drinking water and watercourse supplies through rapid infiltration of pollutants through the soi I to ground water aquifers. The primary purpose of Wellhead Protection Area regulations is to protect critical aquifer recharge areas by preventing land use activities that pose potential contamination and to minimize impacts to recharge areas through the application of strict performance standards. Through adoption of the CARAs ordinance, proposed new development, expansion, or modification of existing land use activities within identified wellhead protection areas and critical recharge areas which can pose potential risks to the City's water supply can be identified and the risks substantially minimized through application of appropriate land use controls, development standards, and environmental mitigation measures. ' The July 2000 Department of Ecology "Guidance Document for the Establishment of Critical Aquifer Recharge area Ordinances" recommends that adoption of new rules or ordinances consider existing activities and facilities. This publication states that existing activities or facilities that do File #04-1026 I 8-00-UP Page 4 Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report not pose a significant threat to the public health or environment may be allowed to continue over areas designated as a CARA. However, upon modification of the activity (expansion, remodeling, etc.), the jurisdiction is strongly advised to take the opportunity to require the owner/operator to at least meet AKART (all known, available, and reasonable methods of prevention, control, and treatment) in order to reduce the potential for contamination of the groundwater source(s). Through implementation of SEP A, the CARAs code amendments will regulate all development activities, unless exempted by FWCC Section 18-141. FWCC Chapter 21, "Surface and Stormwater Management," has adopted the King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWDM, and the King County Stormwater Pollution Control Manual (BMP Manual). In combination, these regulations apply to all existing development, new development, and r.edevelppment Regulated development includes all single-family residential development; projects that add 5,000 square feet or more of new impervious surface; collection and concentration of surface and stormwater runoff from a drainage area of more than 5,000 square feet; projects which contain or directly discharge to a floodplain, stream, lake, wetland, or closed depression, groundwater discharge area, or other water quality sensitive area; or redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem. The following is a summary of the proposed FWCC amendments. 1. Amend FWCC Section 22-1, "Definitions": Add new definitions as necessary related to the new code language. The proposed new definitions are contained in Exhibit D. 2. Amend FWCC Chapter 22, Article IV, "Nonconformance": Add a new section that addresses nonconforming uses or development located in Critical Aquifer Recharge Areas and Wellhead Protection Areas (Exhibit E). Alteration or expansion of existing uses or activities that are prohibited in Wellhead Capture Zone lwould be prohibited, Alteration or expansion of other regulated uses in CARAs would be allowed subject to the requirements of FWCC Chapter 22, Article XN, "Environmentally Sensitive Areas," Division 9 - Critical Aquifer Recharge Areas and Wellhead Protection Areas. 3, Amend FWCC Section 22-1223, "Environmentally Sensitive Areas": Add "...subject property if it is located within a Critical Recharge Area or a 1, 5, or 10-year Wellhead Capture Zone" (Page 30f Exhibit F). The recommended amendment is as follows: This article applies to the subject property if it: (1) Contains or is within 25 feet of a regulated slope: (2) Contains or is within 100 feet of a wellhead; (3) Contains Or is within 100 feet of the ordinary high water mark of a major stream; (4) Contains or is within 50 feet of the ordinary high water mark of a minor stream; (5) Contains or is within 25 feet of any regulated lake; 6f (6) Contains or is within 200 feet of the edge of any regulated wetland, including regulated wetlands associated with any major stream, minor stream, or regulated lake; or (7) Is located within a Critical Recharge Area or a I, 5, or 10-year Wellhead Capture Zone. Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-1 02618-00-UP Page 5 VII. 4. Amend FWCC Section 22-1242, "Environmentally Sensitive Areas": Add referènce to LUD maps that show the location of the wellhead capture zones (Page 4 of Exhibit F). The recommended language is as follows: "The City hereby adopts the Lakehaven Utility District Wellhead L 5. and 10 Year Capture Zones Map as now existing or amended." The wellfield capture zone areas may be modified from time to time based on updated infonnation provided by the Lakehaven Utility District." 5. Amend FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas": Add a new Division 9 - Critical Aquifer Recharge Areas Wellhead Protection Areas (Exhibit F), This new Division 9 is proposed to còntain the following: 1. 2. Identify prohibited new land uses or activities within Wellhead 1 Year Capture Zones; Establish perfonnance standards for certain uses or activities within designated wellhead protection areas that involve hazardous materials. 6. Amend Chapter 22, Article XIII, Division 7, "Land Modifications" (Exhibit G): State that, "The requirements of Chapter 22. Article XN Critical Areas shall govern for fill occurring in Critical Aquifer Recharge Areas and Wellhead Protection Areas." 7. Amend FWCC Chapter 18 (Exhibit H): 1. Housekeeping changes have been made to language in this chapter to bring it into compliance with previous changes made in Chapter 197-11 WAC (SEPA Rules) as a result of the adoption of House Bill 1724. Definitions are being added relative to the new Critical Aquifer Recharge Area and Wellhead Protection amendments. Amendments are being made to existing definitions to make them consistent with FWCC Section 22-1, "Definitions." 2. 3. PUBLIC COMMENT RECEIVED The City issued a Detennination of Nonsignificance (DNS) on the proposed amendments on July 17,2004 (Exhibit 1), We received the following three agency responses on the DNS. 1. Letter from Tacoma Water stating that they have no comments (Exhibit.1). 2, July 24, 2004, letter from Lakehaven Utility District (Exhibit K). In response to Lakehaven's comments, staff has amended the definition of "qualified groundwater scientist." We do not propose to regulate the 1 OO-year capture zone under the proposed regulations, as there are other regulations in place (Surface Water Management and inspections through the Fire Department) that can address potential problems. We have added language (Section 22-1374) to address Lakehaven's concern relative to maintenance of their wells (Page 18 of Exhibit F). Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-1 02618-00-UP Page 6 3, August 2,2004, letter from Department of Ecology (Exhibit L). The Department of Ecology's concern about source control related to new development and redevelopment is already addressed through the City's adoption of the KCSWDM, the Federal Way Addendum to the KCSWDM, and the King County BMP Manual. VIII. STAFF RECOMMENDATION Staff recommends that the FWCC be amended to implement Critical Aquifer Recharge Area and wellhead protection regulations as proposed in Section III of this report. IX. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22 "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To detennine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-~28, 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. x. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the comprehensive plan. The Federal Way Comprehensive Plan (FWCP) Chapter IX, "Natural Environment," Wellhead Protection Areas section includes the following language: The intent of the wellhead protection program is to be proactive and prevent contamination of groundwater used for drinking water, The objective of wellhead protection is to protect the health of people using groundwater supplies for drinking water. This is accomplished by providing management zones around public wells or wellfields to detect and manage potential sources of groundwater contamination. Another goal of the program is to promote awareness of special efforts to protect the groundwater and urge customers to take a proactive approach to protecting the sources of the City's drinking water. Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-1026 I 8-O0-UP Page 7 And; The City will prepare wellhead protection regulations as part of its future work program to be performed through a process developed by ajoint City/District Wellhead Protection Committee, as is required by current state regulations. The proposed FWCC text amendment is consistent with the following FWCP goals and policies: NEG4 Implement a local wellheadprotectionprogram to ensure a safe source of drinking water and to avoid the large financial impact of contaminated wells. <. NEP24 The City will continue to work in conjunction with local water purveyors to delineate Wellhead Protection Areas for each well and wellfield as required and outlined by the state's Wellhead Proteétion program. NEP27 The City should establish an interagency Wellhead Protection Committee to coordinate and implement a Wellhead Protection Plan, as is required by current state regulations. NEP29 The City should establish buffer zones of sufficient size to protect wellhead areas, 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed amendment bears a substantial relationship to public health, safety, or welfare because it provides.regulations that will protect the City's drinking water supply. These regulations establish a wellhead protection overlay to the official zoning map that identifies areas where proposed activities could present risk to contamination of the City's drinking water supply. A review process is established for proposed activities within the wellhead capture areas whereby potential risks to drinking water can be identified through the environmental review process and mitigated. 3. The propo~ed amendment is in the best interest (f the residents of the City. The proposed text amendment is in the best interest of the residents of the City because it provides for increased protection for the residents' primary supply of drinking water. XI. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; Critical AquiferRecharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-1 02618-O0-UP Page 8 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. XII, EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Class I CARAs Class 2 CARAs Class 3 CARAs FWCC Section 22-1, "Definitions" FWCC Chapter 22, Article IV, "Nonconfonnance" FWCC Chapter 22, Article XIV, "Environmentally Sensitive Areas" FWCC Chapter 22, Article XIIT, Division 7, "Land Modifications" FWCC Chapter 18, "Environmental Protection" Notice of Environmental Detennination of Non significance March 3, 2000, Tacoma Water Letter July 21, 2004, Lakehaven Utility District Letter August 2, 2004, Washington State Department of Ecology Letter 1:\2004 Code Amendments\ Wenhead Protectiæ\PlanningCommissiOl1\StaffReportdoclO8/2612004 3: 18 PM Critical Aquifer Recharge Areas & Wellhead Protection Areas Planning Commission Staff Report File #04-1026 1 8-00-UP Page 9 , j ! N .+. Poveny Bay PugetSound S 28~th ST == en w > 01'( - I/) .... 10 SW 320th ==1 Well#1T ~ Well#1TB > 01'( - II) ... N Qwe//#18 ~~~ ,~ '~, ~, ~, ~, ~ - II) ... N SW 356th ST ~ , ~ , ~ , ~ , ~ , ~ , ~ , ~ , ~ , ~ , ~ L> I ¡. w ~ --"""> ~~ ~~ ~~ ~ M~I»I4::~ ~<;!, ~~ "'-1'~ ~ "'4 0 ~~ ::u - CITY OF FEDERAL WAY COMPREHENSIVE PLAN WELLHEAD 1 YEAR CAPTU R E ZeN ES NATURAL ENVIRONMENT ELEMENT #\ I Federal Way City Limits I ~ /\' Potential Annexation Boundary IV , Yr. Capture Zone ~ Wells EXHIB'T P AG E.. I A I Source: Lakehaven Utility District. 0 1 Mile ~ I A Fëderal Way NOTE: This map is intended for use as a graphical representation only, The City of Federal Way makes no warranty as to its accuracy Map printed July 2004 Ie ri kelcdlqJlT13 p n e II hea dIw pz.am I ,.-.-.,- ,.,. ,-.-.-. -,' ,- I -' . - . Dl6rJas I / " Bay .J~S) ,/ ~(¡#"O ' ~¡....-.-., , -- , . , . , . , . , . , . , . , RE p\<.'l'I Y " ---------- . ~ M.4~/~~ ~CJ, ~~ 'I.+.lz-.. ~ 94 0 ~!.- :::D .+. PugetSound 33rd ST tolE . , . , . , . , . , . , . ~~ ~% ~'!?.. Povwty Bay S 288th ST 3: en w > c( ... fI .... 10 3: SW ~th en/ Well 1117 ~ WelllllTB c( - II) .... N ... II) .... N SW 356th ST . , . , . , . , . , . , . , . , . , . , . 1> t '- w :t --~ .., CITY OF FEDERAL WAY COMPREHENSIVE PLAN WELLHEAD 5 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT #, , Federal Way City Limits I . /\' Potential Annexation Boundary N 5 Yr. Capture Zone ~ Wells . EXH\B'T .. PAGE ___I. 8 1\=-!- Source: Lakehaven Utility Distñct. 0 1 Mile ~ I ~ Fëderal Way NOTE: This map is intended for use as a graphical representation only. The City of Federal Way makes no warranty as to its accuracy Map printed July 2004 "ri k8IcdIcpmap IIw ell h8a dJw P z5 .amI . .+, PugetSound Poverty 8Ry ~28ath ST l'", I '. 'I , . , . , . .... (t T- N SW 356th ST . , . , . , . , . , . , . , . , . , . , . ~ ~.q~/~~ ~c;!, ~~ "10+ ~ ~ ~4 0 ~!.-- :xl ~~ ~% ~~ . I . I - == (/) W > c( .... (t .... It) l>- t ¡. w ¡ - --> CITY OF FEDERAL WAY COMPREHENSIVE PLAN WELLHEAD 10 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT #\ I Federal Way City Limits I . /\' Potential Annexation Boundary N 10 Yr. Capture Zone & Wells EXHIBIT' C PAGE, liE , Source: Lakehaven Utility District. 0 1 Mile ~ I ~ Fëderal Way NOTE: This map is intended for use as a graphical representation only, The City of Federal Way makes no warranty as to its accuracy Map printed July 2004 Ie rikelcdlcp mapslwe IlheadlWpz 1 O.aml y EXH1BIT PAGE . FEDERAL WAY CITY CODE. CHAPTER 22. ARTICLE I. 1) 0 F -CJ-- 22-1 Definitions. The following words, terms and phrases, when used in this chapter, shall havethe 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 šffucture on that pmpeçty, without any intention of transferring fights 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: (I) 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 (ADU) 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 pennanent provisions for living, sleeping, cooking and sanitation. ADU, attached means an accessory dwelling unit that has one or more vèrticãl and/or horizontal walls, in common with or attached to the primary dwelling unit. . ADU, detached means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelli~g unit. . Accessory hardship dwelling unit means ~n attached ADU which satisfies the criteria set forth in FWCC 22-633. 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 or use shall mean all of the 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 as follows) for observation by patrons therein and which excludes minors by virtue of age. . a. Specified anatomical areas shall mean both of the following: 1. When less than completely and opaquely covered: i. Human genitals or pubic region; ii. Human buttock; iii. Human female breast below a point immediately above the top of the areola; EXHI B IT 1> PAGE-10FJ1-- . 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. b. Specified sexual activities shall mean all of the following: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast. (2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trad~.books, magazines or other periodicals, which are distinguished or chara,cterized by an emphasis on matter depicting, describing or relating. to "specified sexual activities" or "specified anatomical areas" and which excludes minors by virtue of age. (3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, s~ippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize specIfied anatomical areas and/or whose perfonnances or other activities include or mimic specified sexual activities and which establishment excludes minors by virtue of age, Activities and uses defined as "adult entertainmeritactivity or use" are only pennitted in the zone where that tenn is specifically listed as an allowable use and only in confonnance to the requirements as stated for that use. . 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 of the space above the surface of the ground. AKART means"... all known, available and reasonable methods of prevention, control and treatment" as interpreted in the Washington Administrative Code (WAC). 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. Æntenna(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: (I) Omni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a 360-degree radial pattêrn. . (2) Directional (or "panel'J antenna(s) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic antenna(s) (or "dish 'J antenna(s) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattêÍ1L (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 sêrvices. An example would be a global positioning satellite (GPS) antenna. Applicant means both of the following, depending on the content: (I) A person who applies for any penuit 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. FWCC - Section 22-1, Definitions Page 2 EXHIBIT- -.1> PAGEJ;~)f~/1 A verage slope means the average grade of land 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. BMP's 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, ~ovemment agencies, and other organizations involved in pollution prevention and environmental regulation, Buélding 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. Bulkhead means a wall or embankment used for retaining earth. Business or vocational school means a post-secondary institution that offers instruction io. 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 shaU..;nclude review of, but not be limited to: (I) 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. 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 not permitted in any other zones of the city. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. FWCC - Section 22-1, Definitions Page 3 ..-------.-.--..--.- EXHIBIT__1> Common recreafionalopen space usable for many acfiVífi~ ~~ ~y area~2~ to J1hC residents of the subject property that 'isãppropriat~ for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (I) 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 maintain,ed and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or gêographic 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; tenninal illness; or alcohol or drug treatment and may include assisted living facilities. ' Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface infiltration. These areas are hydro-geologically 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. Cross-sgÇ1ion (drawing) means a visual representation of a vertical cut through a structure or any other three-dimensional form.' ' 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. 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 purpose 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 FWCC 22-1, "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 pennitor approval under this chapter or the city's building code. - Development permit means any penn it 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 fann. 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 òf a body of water or watercourse or trom a wetland by dredging. Driveway means an area ofthe subject property designed to provide vehicular access to a parking area or structure located on the subject property. FWCC - Section 22-1, Definitions Page 4 .---.------..- EXHIBIT_b PAGE~OF-11-- 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.63.145. There are the following three types of dwelling units: (I) 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. 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 fad I ity or conveyance which has the following attributes: (1) It is typically difficult to site due to unusual site rèquirements and/or significant public opposition; . - (2) It is necessary component of a system, network or program which provides a public service or good; (3) It is owned or operated by a unit of local 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: I, State or regional education facilities (except minor branch facilities). i. Research facilities; ii. University branch campuses; iii. Community college. 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). FWCC - Section 22-1, Definitions Page 5 EXH I BIT --~ P AGE -'--'~ F ----L1- 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 any cases local facilities are characterized by providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not limited to, the following: I. Substance abuse facilities. 2. Mental health facilities. 3. Group homes/special need 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 shaH 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(t)(3Xb). ' 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: . (I) 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. FiÍl 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 sur:face prior to landscaping. Floor means the horizontal surface inside a structure designed and intended for human use and occupancy. . Geologically hazardous areas means areas which because of their susceptibility to erosion, land- sliding, 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: ( I) 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. FWCC - Section 22-1, Definitions Page 6 EXHIBIT~ P AGE ~O F -'--1--. (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 impenneable 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 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 ifîé following: ( I) 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. 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 ofa 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 subject property. Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between particles in únconsolidated deposits or along fractures in consolidated deposits. Groundwater contamination means the presence of any substance designated by the U.S. Environmental Protection Agency (EP A), 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 home 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 FWCC - Section 22-1, Definitions Page 7 EXH I BIT -3> PAGE-8-0E '1 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 detennined on a case-by-case basis. The limitation on the number of residents in a group homes type \Isha [ 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(t)(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 maya[so be used as an auditorium to hold concerts and other perfonning arts. Hardship means a current Or impending health condition which requires a person to live inclose proximity to, and/or share housing with a caregiver. Hazardous liquid means: (a) Petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 C.F.R. Part 195 in effect March L 1998: and (b) carbon dioxide. Hazardous materials means 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 useable 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 temperature's, including any waste oils or sludge. Ha2ardous waste means aU' dangerous and extremely hazardous vÆste, including substances composed of radioactive and hazardous components (see Chapter 70.105 RON). , 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)). 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 average building elevation measured 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 FWCC - Section 22-1, Definitions Page 8 .---.---.-.. d -.- --_.- - ..-- - - -.d.._- EXH I B IT--3> PAGE-t--..OE 11 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 jurisdicti<;ms. 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 of a 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 abnonnal 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 man made feature. Industrial use means the uses allowed in the industrial zones and not permitted in any other zones of the city. Industrial zones means the BP zoning district. 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. Irrevocable license means a written irrevocable permission given by a property owner to the city for specified purposes. Issuance, when used wìth 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. 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. Jurzkyard 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 surface modification means the clearing or removal of trees, shrubs, groundcover and other vegetation and all grading, excavation and filling activities. 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. FWCC - Section 22-1, Definitions Page 9 EXHIBIT :Þ P AGEJbOE~ Linear frontage of $ubject property means the" fr~mtage of the subject property adjacent t.o all open, improvedrights-of-way.other thâa--k1terstate 5. If the subjë\;t property is n.ot 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 b.oundaries described by reference t.o a recorded plat, by reference t.o metes and bounds, or by reference to section, t.ownship and range. Low density use means a detached dwelling unit .on a subject pr.operty that c.ontains at least five acres. Low de~ity zone means the following z.ones: SE and comparable z.ones in other jurisdictions. Major stream means any stream, and the tributaries to any stream, which c.ontains or supports, or under n.ormal circumstances c.ontains .orsupp.orts, resident or migratory fish. If there exists a natural permanent bl.ockage on the stream c.ourse which precludes the upstream movement .of anadromous salm.onid fish, then that p.ortion of the stream which is downstream of the natural permanent blockage shall be regulated as a major stream. " Manufactured homes" means a fact.ory-built structure transportable in one or m.ore sections which is built.on a permanent chassis and designed t.o be a dwelling with.or with.out a permanent foundati.on when connected t.o required utilities. A manufactured h.ome shaH be built to c.omply with the National Manufactured H.ome Constructi.on and Safety Standards Act of 1974 (regulations effective June 15, 1976). Maximum lot coverage means the maximum percentage .of the surface .of the subject pr.operty that may be covered with materials which will n.ot all.ow f.or the percolation of water into the underlying s.oils, See FWCC 22-955 et seq. for further details. " Mean sea level means the level of Puget Sound at zero tide as established by the U.S. Army Corps .of Engineers, Medium denSity zones means the f.ollowing zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. "" ..' .~~'{fir. Microcell means a wireless communicati.on facility"c.onsisting of ãn antenna that is either: (1) Four feet in height and with an area .of n.ot more than 580 square inches; or (2) If a tubular antenna, n.o more than f.our inches in diameter and n.o m.ore than six feet high. Minor facility means a wireless c.ommunicati.on facility consisting.of up to three antennas, each which is either: (1) F.our feet in height and with an area .of n.ot m.ore than 580 inches; or (2) If a tubular antenna, no m.ore than four inches in diameter and n.o more than six feet in length; and the associated equipment cabinet that is six feet or less in height and n.o m.ore than 48 square feet in floor area. Minor stream means any stream that d.oes n.ot meet the definiti.on .of "major stream." Moorage facility means a pier, dock, bu.oy .or .other structure providing docking or moorage space f.or waterborne pleasure craft. Multiuse complex means all of the foll.owing: A group of separate buildings .operating under a c.ommon name or management; or a single building containing multiple'uses where there are specific exterior entranceways for individual uses; .or a gr.oup of uses .on separate but adjoining properties that request treatment as a multiuse complex. Natural features mean physical characteristics .of the subject pr.operty that are n.ot manmade. Natural materials means materials chemically unaltered from their natural state. Noise means the intensity, duration and character of sound from any and all s.ources. Nonconformance means any use, structure, l.ot, conditi.on, 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 provisi.ons .of this chapter.or that was not approved by the city of Federal Way through the appr.opriate decisi.on-making pr.ocess required under this chapter. FWCC - Section 22-1, Definitions Page 10 EXHIBIT_]) PAGEA-'aF~ -- Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soli beneath, Normal maintenance means 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. 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 produètion, 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 means the PO, OP and CP-I zoning districts. Official notification boards of the city means the bulletin boards in the public areas of City Hall and other publ ic locations as designated by city council. On-site hazardous waste treatment and storagefacililies mean 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: (I) 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 herd 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, 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 orland 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. 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. Person means any individual, partnership, association, corporation, unit of government or any other legal entity. FWCC - Section 22-1, Definitions Page 11 . "~""~._-_.' . ......n........ . EXHiBiT_-1> ' PAGE.-aOF~ Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Personal wireless service facility (PWSF) means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio 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. 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 major street 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: (I) The front property line is any property line that is adjacent to a right-of-way which is more than 21 feet in width, excluding Interstate 5. If the subject property is adjacent to more than one right-of- way which is more than 21 feet in width, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section. If the subject property is not . adjacent to a right-of-way which is more than 21 feet in width, then the front property line is the property line adjacent or principally oriented to the street providing primary vehicular access to the subject property, as determined by the director of the department of community development. (2) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. . (3) 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: (I) Has received a baccalaurèate or post-graduate degree in earth science or engineering; and (2) Has sufficient education and experience in geology and hydro-geology 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 the follo'Ning wetlands Wetlands #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 King FWCC-Section 22-1, Definitions Page 12 ..--.-.--.-- EXHIBIT )) P AGEAOF ~ County Vletlands Inventory Notebooks, Volume 3 South 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. fl-j LO'over Puget Sound 6, 7, 12, 15, 16 and 17. (2) Hylebos 2, II, 13 and 16. Regulated wetlands. see the definition of "regulated wetlands" under the definition of «wetlands." means: (1) Those v"etlands, as described belo'.-\', """hich fall into one or more of the following categories: a. Category I 'Netlands meet one of the follo\'áng criteria: I. Contain the presence of species or document-cd 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 eKccptionallocal significance including but not limited to estuarine systems, peat bogs and fens, mature forested 't'{etlands, groundvlater exchange areas, significant habitat or unique educational sites; or 3. Ha'..e three or more wetland classes, one ofv"hich is open ..."ater. . b. Category II 'Netlands are greater than 2,500 square feet in area, do not eKhibit the characteristics of Category I 'Netlands, and meet one of the following criteria: I, Are contiguous '/lith "vater bodies or tributaries to water bodies ',vhich under nolTIlal circumstances contain or support a fish population, including streams '""here flow is intelTIlittent; eF 2. l\re 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 haye two or more wetland classes, with neither class dominated by nonnative invasi'¡e species. c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category lor II ',vetlands. (2) The follo...áng areas, as shown in the King County Wetlands Inventory Notebook, Volume 3 South, shall be regulated by the city's shoreline master program, but shall not be considered regulated wetlands, unless vegetated "tvetlands are present: a. Lower Puget Sound Beach; b. Lower Puget Sound I and 51; and c. Areas defined as a regulated lake, by the city's shoreline master program. Vegetated areas meeting the definition of «wetland" herein, and '""hich are located around the margins of regulated lakes, are regulated wetlands for the purpose of this definition. 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 yards means the areas adjacent to and interior from the property lines and high water mark of a lot. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Required yards are categorized as follows: (I) Front. That portion of a lot adjacent 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) High water line yard. That portion of a lot adjacent to and parallel with the high water mark 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 preparç food, other than developments used for transient occupancy. FWCC - Section 22-1, Definitions Page 13 EXHIBIT )) P AGE~OF----L1-- 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. 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,Í.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 oflarge 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. Right-oJ-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 atid other. devices and facilities benefiting the public. . , Right.oJ-way realignment means the changing of the horizontal position of the improvements in a right-of-way. . . Rooj/ine 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. Sclwols means institutions of learning, 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 ànd parochial schools, including those disciplines. considered vocational, business-related, or trade in nature. Shared access points means a common point of vehicle access from a street to more than one lot or use. Significant natural vegetation means any area containing a concentration of significant trees; any area of significant biological importance; and any area containing dense, mature, native vegetation. Signifiçant trees. A "significant tree" shall be defined as: ' (l) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above ground; and (2) In good health; and , (3) Not detrimental to the community (e.g., is not diseased, dying, or likely off ailing into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and deposition. FWCC - Section 22-1, Definitions Page 14 EXHIBIT J> PAGEH-OF-'L 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 person 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 mean 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. Type A: Maximum number of residents to be consistent with the maximum number of unrelated adults allowed under the zoning definition of family. 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 person 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. State Environmental Policy Act means Chapter 43.21 C RCW. Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially. Story means the area or 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 orroutë, 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 nonnally 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, storm water facilities or other artificial watercourses unless they are used by residentor 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: (I) 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. FWCC ~ Section 22-1, Definitions Page 15 -, ..----_.--_. EXHIB'T_---}) - P AGE~()F--'1-- 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. Structural alterations means any change in the supporting member of a building or structure. 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 o'r 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 antenna and other necess~ry associated hardware is mounted. Support structures may include the following: (I) 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 service facility means a personal wireless se.rvice facilitywhich 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 buildingnecessary to meet the varied requirements of continuing or succeeding tenants. Threshold determination means thé 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). Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. 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. Use means the natun~ of the activities taking place on private property or within structures thereon. , Each separate listing under the "Use" column in FWCC 22-596 through 22-878 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 ~ic~ . - 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. Waterward means toward the body of water. Well means ~ hole or shaft sunk into the earth to tap an underground supply of water. Welltìeld 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. - FWCC - Section 22-1, Definitions Page 16 EXHIBIT___j) ~~ PAGE. 11,C1F_rL- 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 suITounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well( s) 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 nonnal 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 #96-94) as set forth in WAC 173-22-080, as it exists as of November I, 1999, or as subsequently amended, will be used for identification and delineation of wetlands within the city. 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: 0) 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: I. 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 OCCUITence, iITeplaceable ecological functions, or exceptional local si~mificance including but not limited to estuarine systems, peat bo!2:s 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 2500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: I. Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or suppo~ a fish population, including streams where flow is iritennittent; 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 2500 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. Zones means use zones as described in FWCC 22-596 through 22-878, 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, 91-1 D, § 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. 99-348, § 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) 1:\2004 Code Amendments\ Wellhead Protection\Planning Commission\definitions.docl08/26120<» 3: 19:02 PM FWCC - Section 22-1, Definitions Page 17 ..---------- -- ------- .---- -- ---- ----- EXHIBIT-'= PAGE . .OF-"t- FEDERAL WAY CITY CODE CHAPTER 22. ARTICLE IV. NONCONFORMANCE Sections: 22-325 Purpose and intent. 22-326 Administration. 22-327 When confonnance is required. 22-328 Regulations applicable to nonconfonning use. 22-329 Abatement of nonconfonnance that was illegal when initiated. 22-330 Immediate compliance with certain provisionsfequired. 22-331 Certain nonconfonnances specifically regulated - Generally. 22-332 Nonconfonning use. 22-333 Nonconfonning procedure. 22-334 Nonconforming development. 22-335 Nonconfonning signs. 22-336 When public improvements must be installed. 22-337 Nonconfonning water quality improvements. 22-338 Special provisions for residential uses. 22-338.1 Nonconfonning accessory dwelling units. 22-338.2 Nonconfonning adult entertainment, activitý, retail, or use. 22-339 Special provisions for compliance with government regulations. 22-340 Special provisions for critical aquifer recharge areas and wellhead protection areas. 2231022-341 Prohibition on increasing nonconfonnance. - 22311 22-342 Applicability ofunifonn building codes. 22 31222-243 Special provision for damaged improvements. 22 313 22-344 Appeals. 22 311 Reserved. 22-325 Purpose and intent. The purpose of this article is to allow for the continuance and maintenance of legally established nonconfonning uses and structures, and to provide .standards delineating the circumstances in which nonconfonning uses and structures must be brought into confonnance with the standards and provisions prescribed within this chapter. In particular, the intent of this article is to: (I) Ensure a reasonable opportunity for use of legally created lots which do not meet current minimum code requirements for the zoning district in which they are located. (2) Ensure a reasonable opportunity for use, maintenance and minor improvement of legally constructed buildings, structures and site development features, encourage a reasonable opportunity for a change of tenants using such buildings, structures, or features, even where those buildings, structures and features do not comply with development regulations prescribed by this chapter, and provide more flexibility relative to structures and developments that were built in accordance with the codes and laws in effect at the time of construction. (3) Ensure a reasonable opportunity for continuation of legally established uses which do not confonn to use regulations for the zoning district in which they are located. (4) Encourage the replacement ofnonconfonning uses having potentially undesirable impacts on confonning uses. - -- -----u- EXHIBIT-' P AG E--*-O F-Uf-- (5) Encourag~ the upgrading of nonconforming buildings, structures and site development features which do not comply o/j* development regulations prescribed by this chapter. (Ord, No. 97-307, § 3,12-16-97) - . "'. . .-..., 22-326 Administration, This article establishes when and under what circumstances nonconforming aspects of a use or development must b~ brought into confomiance with this chapter. The provisions of this article should be used only ifthereÎs some aspect of the use or development on the subject property that is not permitted under this chapter. (Ord. No, 90-43, § 2(165.05), 2-27-90; Ord. No. 91-113, § 4(165.05), 12-3-91; Ord. No. 92- 135, § 3(165.05), 4-21-92; Ord. No, 92-144, § 3(165.05), 6-16-92; Ord. No, 97-307, § 3, 12-16-97) 22-327 When conformance is required. If an aspect, element, activity or use of or on the subject property conformed to the applicable zoning chapter in effect at the time that aspect, element, activity or use was constructed or initiated, that aspect, element, activity or use may continue and need not be brought into conformance with this chapter unless a provision of this article requires conformance. (Ord. No; 90-43, § 2(165.10), 2-27-90; Ord. No. 91-113, § 4(165.10), 12-3-91; Ord. No. 92-135, § 3(165.10), 4-21-92; Ord. No. 92-144, § 3(165.10),6-16-92; Ord. No. 97- 307, § 3,12-16-97). 22-328 Regulations applicable to nonconforming use. If a use is nonconforming in the zone in which it is located, this chapter does not establish applicable dimensional or other regulations. If the use is a legal nonconforming use, the city will, in order to identify applicable regulations, determine the zone that allows the uses most similar to the nonconforming use and apply the development regulations of that zone. If the use is a legal nonconforming use that is allowed in one or more zones other than the zone in which it is located, the city determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone. (Ord. No. 90-43, § 2(165.15),2-27-90; Ord. No. 91-113, § 4(165.15),12-3-91; Ord. No, 92-135, § 3(165.15),4-21- 92; Ord. No. 92-144, §3(165.15), 6-16-92; Ord. No, 97-307, § 3,12-16-97) 22-329 Abatement of nonconformance that was illegal when inlti~lèd.. ->- (a) Generally. Except as specified in subsection (b) of this section, any nonconformance that was illegal wÞ~!1 initiated must immediately be brought into conformance with this article. The city may, . . using the provisions of Article IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. , (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) ofthis section. (Ord. No. 90-43, § 2(165.20), 2-27-90; Ord. No. 91-113, § 4(165.20), 12-3-91; Ord. No, 92-135,§ 3(165.20),4-21-92; Ord. No. 92-144, § 3(165.20),6-16-92; Ord. No, 97- 307, § 3,12-16-97) 22-330 Immediate compliance with certain provisions required, (a) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable provisions of this chapter: (I) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform International Fire Code and FWCC 8-51 through 8-120, to the extent that the nonconformance poses a threat to life or safety, as detennined by the director in consultation with the appropriate fire safety officials; FWCC - Nonconfonnance Page 2 ."".. .-'--.,," EXHIBIT_- / P AGE -L- ~) EJJt-- (7) Nonconfonnance with the odor standards in FWCC 22-958; (8) NonconfOffilance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconfoffilance with the provisions in FWCC 22-952 regarding junk; (10) Nonconfoffilance with the glare standards in FWCC 22-950; (II) Nonconfoffilance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconfonnance with the provisionin FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWCC 22-121 et seq. or any other applic<1.ble law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25),2-27-90; Ord. No. 91-113, § 4(165.25), 12-3-91; Ord- No. 92-135, § 3(165.25), 4-21-92;Ord. No. 92-144, § 3(165.25), 6-16-92; Ord, No. 97-307, § 3, 12-16-97) 22-331 Certain nonconformances specifically regulated - Generally, (a) FWCC 22-332 through 22-336 specify when and under what circumstances certain nonconfoffilances must be corrected. If a nonconfoffilance must be corrected under this section, the applicant must, as part of the application for any development permit, submit all information that the city reasonably needs to review the correction. In addition,the city will not issue a certificate of zoning compliance or permit occupancy until the correction is made. (b) If FWCC 22-330 applies to a specific nonconformance, the provisions of this séction do not apply to that same nonconformance. (Ord. No. 90-43, § 2(165.35(1)), 2-27-90; Ord. No. 91-113, § 4(165.35(1)), 12-3- 91; Ord. No. 92-135, § 3(165.35(1)), 4-21-92; Ord. No. 92-144, § 3(165.35(1)), 6-16-92; Ord- No. 97-307, § 3, 12- 16-97) 22-332 Nonconforming use, Any nonconforming use must be tenninated if: "" (1) The appl icant is making structural alterations or increasing the gross floor area of any structure that houses or supports the nonconfonning use; (2) Other than as specified in subsection (1) of this section, the applicant is making changes or alterations or doing work, other than noffilal maintenance, in anyone consecutive 12-month period to any structure that houses or supports the nonconfonning use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure, The applicant may provide an appraisal of the structure on the subject property. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if thè assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used; (3) The subject property has been abandoned. (Ord. No, 90-43, § 2(165.35(2», 2-27-90; Ord. No. 91- 113, § 4(165.35(2», 12-3-91; Ord, No. 92-135, § 3(165.35(2»,4-21-92; Ord. No, 92-144, § 3(165.35(2»),6-16-92; Ord. No. 97-307, § 3, 12-16-97) 22-333 Nonconforming procedure. Repealed by Ord. No. 97-307. (Ord. No. 90-43, § 2(165.35(3)), 2-27-90; Ord. No. 91-113, § 4(165.35(3)), 12-3-91; Ord. No. 92-135, § 3 (165.35(3)),4-21-92; Ord. No. 92-144, § 3 (165.35(3)),6-16-92.) 22-334 Nonconforming development. If any aspect, structure, improvement or development does not confonn to the development regulations prescribed in this chapter, that aspect, structure, improvement or development must be brought into confoffilance or otherwise improved as set forth below. FWCC - Nonconfonnance Page 3 -- -- - ---- , --,----- ,- -- -.- EXHIBIT_Ci PAGE-'t-JF~ (I) Change of use - Single-tenant site. If any applicant proposes a change of use ón property used or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply to the entire site. (2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion of property occupied bý multiple tenants or uses, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (3) Increase in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in anyone of the following ways, the applicant shall comply with the development regulations in effect at the time of the proposal, as specified below: - a. If expansion of gross floor area of an existing building occurs either through addition of new floors within the struèture or enlargement of the existing building footprint, the applicant shall complywith all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or - b. If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion of the site on which the new structure and any related improvements are to be constructed; or c. If the increase in gross floor area involves an existing single-family residential dwelling, the applicant shalf comply with the development regulations in effect at the time of the proposal. For single-family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase in gross floor area of a nonconforming single-family structure is subject to all applicable requirements of this Code including but not limited to provisions related to environmentally sensitive areas (Artick XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). . (4) Abal}donment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned. The applicant shall comply with all development regulations àpplicable to the subject property, to the extent physically or technically practicable on the site. (5) The use conducted on the subject property has ceased for more than one year, in which case the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. (6) The applicant is making any alteration or changes or doing any work, other than normal maintenance or other than tenant improvements, in anyone consecutive 12-month period to an ' improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent of the assessed or appraised value of that improvement. The applicMt may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the city. The director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. In the event this subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteration, change or improvement is proposed. For purposes of this determining value under this section, improvements required pursuant to FWCC 22-334 (nonconforming development), 22-336 (street/sidewalk FWCC - Nonconfonnance Page 4 . -"--."'---.-- ---_.------._-- EXHIBIT_E P AGE ----~.J E_~ improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. This section does not govern application of Article XIX, community design guidelines; application of Article XIX is governed by FWCC 22-1630 through 22-1639, as amended. This section also does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements; application of those development regulations is governed by FWCC 22- 337,22-335,22-336 and 22-1472, all as amended. (Ord. No. 90-43, § 2(165.35(4)), 2-27-90; Ord. No. 91-113, § 4(165.35(4)), 12-3-91; Ord. No. 92-135, § 3(165.35(4»,4-21-92; Ord. No. 92-144, § 3(165.35(4)), 6-16-92; Ord. No. 97-307, § 3, 12-16-97; Ord. No, 02-420, § 3, 7-2-02) *Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-334 to read as herein set out. Formerly, such section pertained to certain nonconformance specifically regulated - nonconforming parking. 22-335 Nonconforming signs. (a) Purpose. In order toease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, this section provides for up to 10 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 1 a-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, .. terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and22-1597. (c) Legal nonconformance. , (I) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or located-in are'a.$~lñnexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or ',- b. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss oflegal noJ;1.conforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (d) Legal nonconforming sign permit. (1) Required. A legal nonconforming sign permit is required for each legal nonconforming sign, The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming, The permit shall be issued for no fee and shall expire at the end of the applicable amortization period prescribed in subsection (e) of this section. (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, the sign o""ner and the owner of the property upon which the sign is located, and such other pertinent information as the director of community development may require to ensure compliance with the Code, including proof of the date of installation of the sign. - (3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60-day period shall within six months be brought into compliance with the Code or be removed. Failure FWCC - Nonconformance Page 5 " -- ----.'--... ..-'_H_-_u . -. '----, u' . .-.,..'"-'..u_-. .. EXHIBIT_..i P AGE~._'aE.-Uf- to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of FWCC 22-1604. (e) Amortization. All legal nonconfonning signs shall be discontinued and removed or made . conforming within 10 years from the effective date of this Code, on or before February 28,2000, and all signs which are made nonconforming by a subsequent amendment to this Code shall be discontinued and removed or made confonning within five years after the date of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a pennitobtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. . (t) Extension or exemption from amortization period. . (1) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose, A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to notiêeably improve the appearance of the neighborhood and the city any when a hardship would result from its enforcement. (3) Who may apply. The propertyowner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisiorial criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements of the sign code for the land use distriCt in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent ofthe sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is hannonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; c. The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action ofthe applicant or would result in a substantial economic hardship to the applicant because the applicant erected a sign, or made an application for a sigQ pennit, between February 28, 1990, and June 6, 1995, in compliance with the existing sign code; , d. The sign complies with the city's minimum sign distance at intersection requirements pursuant to FWCC 22-1151 et seq.; e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (t), the city will process an application for a sign amortization exemption or extension through process I of this Code. (g) Loss of legal nonconfonning sign statu.s. All nonconfonning signs shãll be immediately removed or modified to confonn to all the provisions of this chapter, and a new pennit secured therefor therefore. and such nonconfonning sign shall immediately lose its legal nonconfonning designation when one or more of the following events occurs: (1) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconfonning sign is associated. FWCC - Nonconfonnance Page 6 --'.-----'..-. """'--'----".----- ..'.__n_H._.. .. ---.-- --- .. "'--""-------_n EXHIBIT-E . P AGE --1-0 FJJf-- (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any l2-month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this Code, shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (h) Historic signs. Nonconforming on-site historical signs may be retained through process II, Article VII of this Code, ¡fthe sign is determined to be of historic significance by satisfying all of the following criteria: (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a góod example of the prevailing signage during the period in time it was installed; and . -.'- - . (4) The subject sign orsignshavebèen well maintained and are not materially detrimental to the public health, safety and welfare. (i) Government acquisition of property for right-of-way. (1) A sign that becomes nonconforming with respect to its setback from the edge ofa public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (i)(3) of this section. (2) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right- of-way expansion and not by any action of the applicant; , b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required setback, complies with all other requirements of FWCC 22-1596 through 22-1629; c. The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWCC 22-1511 et seq.; and ' d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare, FWCC - Nonconfonnance Page 7 EXHIBIT--6 . . P AG E ~ 0 F ---"t- - (3) Loss of legal Qonconforming sign status. All nonconforming signs specified in subsections (1) and (2) of this section shall beirrimediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: a. The applicant is making any changes, alteration, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign . designation; or b. The applicant is making any changes, alterations, or p~rforms work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assel'sed value ofthat structure or improvement, as determined by the King County assessor. The applicant may provide an appraisal of the structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal-from a source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger application of this subsection. G) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, § 2(165.35 (5)), 2-27-90; Ord. No. 91-113, § 4 (l65.35(5)), 12-3-91; Ord. No. 92-135, § 3 (165.35(5», 4~21-92; Ord. No. 92-144, § 3 (165.35(5»), 6-16-92; Ord. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3, 12-16-97; Ord. No. 99-357, § 4, 12-7-99; Ord.No. 01-398, § 1,7-17-011 22-336 When public improvements must beJnstalled. Any applicant for a devel~pment permit for any type of activity on property on which a nonconformance is located shall provide the improvements required by Article XVI of this chapter, as provided in FWCC 22-1473, as amended. (Ord. No. 90-43, § 2(110.20),2-27-90; Ord. No, 97-307, § 3;12-16- 97) Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-336 to read as herein set out. Foifnerly, such section pertained to nonconforming signs - nonconforming buffers and derived from Ord. No. 90- 43, § 2{l65.35(6»), 2-27-90; Ord. No. 91-113, § 4(165.35(6»), 12-3-91; Ord. No. 92-135, § 3{l65.35(6», 4-21-92; Ord.No. 92-144, § 3(165.35(6),6-16-92. 22-337 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a structure, improvement or development or property that does not conform to the development regulations prescribed in Chapter 21 FWCC (as amended) relating to water quality, or does not conform to the development regulations contained in Article XIII, Division 12, of this chapter (FWCC 22-1196 through 22-1220, as amended) must be brought into compliance with the development regulations in Chapter 21 FWCC pertaining to water quality and Article XIII, Division 12 of this chapter (FWCC 22-1196 through 22-1220, as amended). (I) Redevelopment. Any person proposing to redevelop a structure, improvement, development or property must bring that structure, improvement, development or property into compliance with the development regulations in Chapter 21 FWCC pertaining to water quality and Article XIII, Division 12 of this chapter (FWCC 22-1196 through 22-1220, as amended), where the proposed redevelopment meets or FWCC - Nonconfonnance Page 8 - .- --- --- .---. ..,--.----,---------."- -. . -. ""'-------_u --- EXHIBITJ PAGE-!-OF ---JJ+- -. exceeds the thresholds set forth below. For the purposes of this section, "redevelop" or "redevelopmene' means, on an already developed site; the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water systems; or land disturbing activities associated with impervious redevelopment. a. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; b. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; d. Redevelopment which involves the collection and/or concentration of surface and/or stonnwater runoff from a drainage area of 5,000 square feet or more; e. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area detennined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is detennined to trigger application of this subsection, or based on infonnation developed during review of a particular redevelopment application; f. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change muse; g. Redevelopment, other than nonnal maintenance or other than the tenant improvements, but including any increase in gross floor area, in anyone consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the city. The director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the city, the greater of the two amounts shall be used. For purposes of this determining value- under this section, improvements required pursuant to FWCC 22-334 (nonconfonning development), 22-336 (street/sidewalk improvements), 22-337 (nonconfonning water quality improvements) and 22-1473 (street/ sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; h. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as detennined by the public works director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the director prior to submission of a redevelopment application detennined to trigger application of this subsection, where the director detennines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the public works director a stonnwater management plan detailing all of the improvements required by this section, and proceed according to the following subsections. FWCC - Nonconfonnance Page 9 .....~....--. -'h'",,_,'.... .... .._... .......... I EXH I BIT -.-E PAGE'A-.()F~ a. Extent-of construction of required water quality improvements. Where the public works . director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule: % of Redevelopment % of Water Qual ity Improvements . 0 - 24 25 25 -49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: . 1. Have a term equal to the construction schedule proposed in the plan; and 2. Comply with the applicable requirements of FWCC 22-147 through 22-175, as amended. -~ b. Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. . c. Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value (whichever is greater) of all structures on the subject property. If an appraisal is used, it must be prepared by an MAl appraiser acceptable to the city, and paid for and submitted by the applicant. d. Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) based on the storm water management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) shall also be applied to the new plan. (3) Location of water quality improvements. A person proposing redevelopment on a propertyor site having a Federal Way comprehensive plan designation ofCC-F (City Core - Frame) or CC-C (City Core - Center) may construct water quality facilities required by this section below grade. . Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-337 to read as herein set out. Formerly, such section pertained to nonconforming signs - any other nonconformance and derived from Ord. No. 90-43, § 2(165.35), 2-27-90; Ord. No. 91-113, § 4(165.35), 12-3-91; Ord. No. 92-135, § 3(165.35),4-21-92; Ord. No. 92-144, § 3(165.35), 6-16-92. 22-338 Special provisions for residential uses. If the subject property contains a residential use that became nonconforming as to use or density as a result of the adoption of this chapter, the following regulations apply: (I) If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions of this subsection are only available if the applicant applies-for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit. FWCC - Nonconfonnance Page 10 .. .".......-'.'. I EXHIBrr_- &. PAGE I' OF-"t- (2) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property containing multi-unit housing (attached and/or stacked qweUing units) and fair market value of these changes, alterations or . other work exceeds 50 percent ofthe as~~~s~do{ <yWraised value of that multi-unit structure. The applicant may provide an appraisal of the improvement. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to environmentally sensitive areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). ~ (3) Other than as specified in subsection (I) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations, adding improvements or doing other work other than normal maintenance, in any 36-month period, on the subject property containing a single- family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other work must comply with all bulk, dimensional and other development requirements for a single-family detached dwelling located in the RS 7.2 zone (FWCC 22-631). The applicant may provide an appraisal of the improvement. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the èity if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to environmentally sensitive areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). (Ord. No. 90-43, § 2(165.45), 2-27-90; Ord. No. 91-113, § 4(165.45), 12- 3-91; Ord. No. 92-135, § 3(165.45), 4-21-92; Ord. No. 92-144, § 3(165.45), 6-16-92; Ord. No. 97-307, § 3,12-16- 97; Ord. No. 02-419, § 3, 7-2-02) *Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, deleted § 22-338. Formerly, such section pertained to additional provision if a quasi-judicial decision is required and derived from Ord. No. 90-43, § 2(165.40),2-27-90; Ord. No. 91-113, § 4(165.40),12-3-91; Ord. No. 92-135, § 3(165.40), 4-21-92; Ord. No. 92- 144, § 3(165.40), 6-16-92. Subsequently, the same ordinance renumbered §§ 22-339 - 22-343 as 22-338 - 22-342. 22-338.1 Nonconforming accessory dwelling units. (a) Eligibility. Any nonconforming accessory dwelling unit ("ADU") located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter, which does not conform to FWCC 22-613, 22-648, 22-965 or any other provisions of this Code, is eligible for designation as a legal nonco~forming ADU provided it meets the following requirements: (I) The ADU was covered by a permit on the date of adoption of this Code, if one was required under applicable law; or (2) If no permit was required under applicable law, the ADU was in compliance with applicable law on the date of adoption of this Code. (b) Allowed. All legal nonconforming ADUs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this chapter. (c) Loss oflegal nonconforming ADU status. All nonconforming ADUs shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur: (I) Increase in square footage. The applicant is increasing the gross floor area of any ADU; (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any ADU and the FWCC - Nonconfonnance Page II ,,-....--oo,-.,-. --.--oo..-,-.". , "-.-..-------<.. ---,.--.-....'.-, ..- .-.'---..----"-.-'--. -----..-.....--_u -."w_------. EXHIBIT-E: PAGE~OF-"+- fair market value of such changes, alterations or other work exceeds 50 percent of the ass~ssed value of that ADU as detennined by the King County assessp_r; (3) Abandonment or cessation of occupancy. Thèsubje"Ct property containing the ADU is abandoned for 90 or more consecutive days or the ADU is not occupied for 180 consecutive 'days; or (4) Change in use. There has been a change in use on the subject property as that tenn is defined by FWCC 22-1. (Ord. No. 95-245, § 3(E), 12-5-95; Ord. No. 97-307, § 3, 12-16-97) Editor's note - Provisions enacted by § 3(E)ofOrd. No. 95-245, adopted Dec. 5, 1995, as § 22-339, have been included herein at the discretion of the editor as § 22-338.1. 22-338.2 Nonconforming adult entertainment, activity, retail, or use. Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this Code, which are either made nonconfonning by this Code or which are existing nonconfonning uses shall be terminated within one year; provided, ~owever, that such tennination date may be extended upon the approval of an application filed with the city's community development director within 120 days of the effective date of this Code provision requesting an extension to such one-year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February I, 1999, which precludes reasonable alternative uses of the subject property. (Ord. No, 99-347, § 3,8-3-99) 22-339 Special provisions for compliance with goveròment regulations. The provisions of this section will be followed regardless of any conflicting regulations of this article, Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. , (I) Oil tanks. Any excavation, development activity or construction perfonned to comply with the «Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CFR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations _adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected. (2) Governmental acquisition of property for right-of-way expansion. A proposal for structural alterations or change in use'shall not trigger a requirement otherwise applicable under FWCC 22-334 that an applicant correct an existing nonconfonnance as to lot coverage, minimum lot size, parking, landscaping, or setback requirements, if the nonconfonnance was created solely by a local, state, or federal government acquisition of property for right-of-way expansion, and if the proposal meets the following requirements: - a. The nonconfonnity is not, in any way, enlarged, expanded, increased, intensified, compounded, or in any other way made greater; b. The applicant is making any alteration or changes or doing any work, other than tenant improvements and the fair market value of the alteration, change or other work, in anyone consecutive 12-month period, does not exceed 75 percent of the assessed or appraised value of the improvement. The applicant may provide an appraisal of the improvements. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of detennining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconfonning development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold which would trigger application of this subsection; and c. The proposal is otherwise consistent with the public health, safety, and welfare. (3) Other government regulations. Other than as specified in subsection (I) of this section, the city may, using process IV, exempt a property or use from any of the requirements of this article if: Fwrr - Nnn,..nnf'^~~n,..Þ EXHIBIT-E P AGE~OF ~ a. The actions or events whiclt fonu the basis of requiring that nonconfonuance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; b. The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and c. The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. (Ord. No. 90-43, § 2(165.50), 2-27-90; Ord. No. 91-1 13, § 4(165.50), \2-3-9\; Ord_No. 92-\35, § 3(165.50),4-21-92; Ord. No. 92-144, § 3(165.50), 6-\6-92; Ord. No. 97-307, § 3, \2-\6-97; Ord- No. 01-398, § 2, 7-17-01) 22-340 Special provisions for critical aquifer rechar2:e areas and wellhead protection areas. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. If a nonconformance must be corrected to comply with FWCC Article XIV, Section 9, the applicant must. as part of the application for any development permit, submit all infonnation that the city reasonably needs to review the correction. In addition, the city will not issue a land use approval or building permit until the correction is made. (l) A nonconforming use must be brought into compliance as specified in FWCC Article XIV, Section 9 at the time that any land use approval or building permit is applied for. (2) A nonconforming development must be brou~ht into compliance as specified in FWCC Article XIV, Section 9 at the time that any land use approval or building penn it is applied for. 22 34g 22-341 Prohibition on increasing nonconformance. . No nonconformance may, in any way, be enlarged, expanded, increased, intensified, compounded or in any other way made greater, except as specifically pennitted in this article. (Ord. No. 90-43, § 2( 165.55), 2-27-90; Ord. No. 91-113, § 4(165.55), 12-3-91; Ord. No. 92-135, § 3(165.55),4-21-92; Ord- No. 92-144, § 3(165.55),6-16-92; Ord. No- 97-307, § 3, 12-16-97) 22 341 22-342 Applicability of uniform buildin2: codes. Nothing in this article in any way supersedes or relieves the applicant from compliance with the requirements of the city's building codes, the Unifonn International Building Code, the Unifonn International Fire Code, and other construction-related codes as adopted and amended from time to time by the city. (Ord. No. 90-43, § 2( 165.60),2-27-90; Ord. No. 91-113, § 4(165.60), 12-3-9\ ;_Ord. No. 92-135, § 3(165.60),4-21-92; Ord. No. 92-144, § 3(165.60), 6-16~92; Ord. No. 97-307, § 3,12-16-97) ... 22 34222-343 Special provision for damaged improvements. If a nonconforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: (I) The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement prior to the damage. The applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is , atceptable to the city. The community development director may require the applicant to provide an appraisal form a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. (2) The improvement, as reconstructed, is not any more nonconforming than it was immediately prior to the damage. (3) The applicant applies for a building penn it to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to that building penn it. (Ord. No, 90-43, § 2(165.30), 2-27-90; Ord. No. 91-113, § 4(165.30),12-3-91; Ord. No. 92-135, § 3(165.30),4-21- 92; Ord. No. 92-144, § 3(165.30),6-16-92; Ord. No. 97-307, § 3, 12-16-97) FWCC - Nonconfonnance Page 13 """----'....., '.0- 0_'.... .. --'..-. 'U. EXHIBI'T_&"; P AGElJf-O F--Uf-- ."" 22 343 22-344 Appeals. Notwithstanding any other provision in this chapter, a decision of the director or the hearing examiner with respect to the applicatiõn of any provision of this article shall be appealable asya_rt of, and under the process applicable to, any appeal of a decision of the director or the hearing examiner on the underlying application or project for which city approval is sought (Ord- No. 90-43, § 2(175,10(7), 2-27-90; Ord. No. 97- 291, § 3,4-1-97; Ord, No. 97-307, § 3, 12-16-97) 22 344 Rescrvcd. .-.- 1:\2004 Code Amendments\ Wellhead Proleclion\Planning Commission\Nonconfonnance.dod08/2612004 3: 19 PM FWCC - Nonconfonnance Page 14 . - - .. --. '. .. '-', . ....-. '-.".....--.....'..'.-.--' EXHIBIT- Fa PAGE--LOF~ FEDERAL WAY CITY CODE CHAPTER 22. ARTICLE XIV. ENVIRON1VIENTALL Y SENSITIVE CRITICAL AREAS .' Sections: Division 1. Generally 22-1221 Purpose. 22-1222 Applicable provisions, 22-1223 Jurisdiction. 22-1224 Other authority and jurisdiction. 22-1225 Liability. 22-1226 - 22-1240 Reserved. Division 2. Administration 22-1241 Administration. 22-1242 Maps adopted. 22-1243 Basis for detennination. 22-1244 Reasonable use of the subject property. 22-1245 Appeals of detennination made under article. 22-1246- Bonds. 22-1247 - Dedication. 22-1248 Exemptions. 22-1249 - 22-1265 Reserved. Division 3. General Site Design Requirements 2-1266 Responsibility of applicant. 22-1267 Physical barriers. 22-1268 Vehicle circulation areas. 22-1269 Time limitation. 22-1270 Other requirements, 22-1271-22-1285 Reserved. Division 4. Geologically Hazardous Areas Development 22-1286 Limitations. 22-1287 - 22-1305 Reserved. Division 5. Streams 22-1306 22-1307 22-1308 22-1309 22-13lO 22-13 11 Setbacks. Relocation. Bulkheads. Culverts. Removal of streams from culverts. Rehabilitation. EXH I BIT F PAGE Z- OF~ 22-1312 Intrusion into setbacks. 22-1313 Additional requirements for land surface modification. 22-1314 - 22-1330 Reserved. Division 6, Regulated Lakes 22-1331 Conformance with division, 22-1332 Setback areas. 22-1333 Activities and improvements waterward of the ordinary high water mark. 22-1334 Activities and impr~)Vements within the required setback areas from regulated lakes. 22-1335 Rehabilitation. 22-1336 Bulkheads. 22:'1337 - 22-1355 Reserved, Division 7. Regulated Wetlands 22-1356 Oetennination of wetland and regulated wetland. 22-1357 Wetland categories and standard buffers. 22-1358 Structures, improvements and land surface modifications within regulated wetlands. 22-1359 Structures, improvements and land surface modification within regulated wetland buffers. 22-1360 - 22-1368 Reserved, .. Division 8. Regulated Well Heads 22-1369 'Criteria. 22 1370 22 1375 Reserved. Division 9. Critical Aquifer Rechar2:e Areas and Wellhead Protection Areas 22-1370 22-1371 22-1372 22-1373 22-1374 22-1375 22-1375.1 . . Limitations. Classification of wellhead capture zones. General requirements. .. Prohibited activities in wellhead capture zone I. Regulation offacilities handling and storing hazardous materials. Perfonnance standards. Use o~ pesticides. herbicides, and fertilizers in critical aquifer recharge areas and wellhead , protection areas, Division 1. Generally 22-1221 Purpose. The purpose of this article is to protect the environment, human life and property from harm and degradation. This is to be achieved by precluding or limiting development in areas where development poses serious or special hazards; by presèrving and protecting the quality of drinking water; and by preserving important ecological areas such as steep slopes, streams, lakes and wetlands. The public purposes to be achieved by this article include protection of water quality, groundwater recharge, shoreline stabilization, stream flow maintenance, stability of slope areas, wildlife and fisheries habitat FWCC - Environmentally Sensiti'le 1\reas Critical Areas Page 2 - n_..____- --. .- --~_.--"---_-n,- - --------~-- EXHIBIT ~ P AGEiOF ~ maintenance, protection of human life and property and maintenance of natural stormwater storage - systems, (Ord. No. 90-43, § 2(80.lO), 2-27-90; Ord. No. 91-105, § 4(80.10),8-20-91; Ord- No. 91-123, § 3(80.lO), 12-17-91) 22-1222 Applicable provisions, The provisions of this article apply throughout the city and must be complied with regardless of any other conflicting provisions of this chapter. The provisions of this chapter that do not conflict with the- provisions of this article apply to the.subject property. (Ord- No- 90-43, § 2(80.15),2-27-90; Ord. No. 91-lO5, § 4(80.15), 8-20-91; Ord. No. 91-123, § 3(80.15),12-17-91) 22-1223 Jurisdiction. This article applies. to the subject property if it: (I) Contains or is within 25 feet of a regulated slope geologically hazardous area; (2) Contains or is within 100 feet of a well head; (3) Contains or is within 100 feet of the ordinary high water mark of a major stream; (4) Contains or is within 50 feet of the ordinary high water mark of a minor stream; (5) Contains or is within 25 feet of any regulated lake; or (6) Contains or is within 200 feet of the edge of any regulated wetland, including regulated wetlands associated with any major stream, minor stream, or regulated lake. (7) Is located within a critical recharge area or a wellhead protection area (1..5, or [0- Year Wellhead Capture Zone), (Ord. No. 90-43, § 2(80.20),2-27-90; Ord. No, 91-105, § 4(80.20),8-20-91; Ord. No. 91-123, § 3(80.20), 12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1224 Other authority and jurisdiction. Nothing in this article in any way limits, or may be construed to limit, the authority of the city under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all other applicable local, state and federal laws and regulations. (Ord. No, 90-43, § 2(80.25), 2-27-90; Ord, No, 91-105, § 4(80.25), 8-20-91; Ord. No. 91-123, § 3(80.25),12-17-91) 22-1225 Liability. , .- (a) Prior to issuance of any building permit or other permit by the building official, the applicant may be required to enter into an agreement with the city, in a form acceptable to the city attorney, releasing and indemnifying the city from and for any damage or liability resulting from any development activity on the subject property which is related to the physical condition of the steep slope, stream, regulated lake or regùWt~;wet1(:md. This agreement shall be recorded in the county, at the applicant's expense, and shall run with the property. (b) The city may also require the applicant to obtain insurance coverage for damage to city or private property and/or city liability related to any such development activity. (Ord. No. 90-43, § 2(80,55), 2-27-90; Ord. No. 91-lO5, § 4(80.55),8-20-91; Ord. No. 91-123, § 3(80.55), 12-17-91) - 22-1226 - 22-1240 Reserved. Division 2. Administration 22-1241 Administration, Except as otherwise established in this article, this article will be implemented and enforced as part of the city's review of any development activity on the subject property. If the development activity requires approval through process I, II or III, the provisions of this article will be implemented as part of these processes. If the development activity does not require approval through process I, II or III, the provisions of this article will be implemented through site plan review under FWCC 22-361 et seq. (Ord, No. 90-43, § 2(80.30(1), 2~27-90; Ord. No. 91-105, § 4(80.30(1)), 8-20-91; Ord. No. 91-123, § 3(80.30(1)), 12-17-91) FWCC - Environmentally Sensitive Areas Critical Areas Page 3 __"hU_____-- - '---_._--.-.- '.__un__---_n -- .-_u_u- - .,.._nuuC"---'..--"'..H - --,-.---- -n..._..--.....-- EXHIBIT_F P AGE-'+-OF~ 22-1242 Maps adopted. The city hereby adopts the King County Wetlands Inyentory Notebook, Volume 3 Sol:ltfi June 19, 1999, City of Federal Way Final Wetland Inventory Repotl, to show the locations of regulated lakes and certain regulated wetlands in the city. The City hereby adopts the Lakehaven Utility District Wellhead 1, 5, and 10- Year Capture Zones Map, as now existing-or amended, (Ord. No. 90-43, § 2 (80.30(2), 2-27-90; Ord. No. 91-105, § 4(80.30 (2)),8-20-91; Ord No. 91-123, § 3(80.30(2), 12~17-91) 22-1243 Basis for determination. The determinations regarding whether the subject property is regulated under this article, as well as the extent and nature of the regulations that will apply to the subject property, will be determined based on environmental information and mapping possessed by the city as well as other information and mapping provided by or through the applicant. Thè city may require the applicant:, at the applicant's expense, to provide any information, mapping, studies, materials, inspectiòns or reviews that are reasonably necessary to implement this article and to require that such information, studies, mapping, materials, inspections and reviews be provided or performed by a qualified professional acceptable to the city. Other provisions of this article detail other information and inspections that may be required in some instances. (Ord. No. 90-43, § 2(80.30(3)), 2-27-90; Ord. No. 91-105, § 4(80.30(3»), 8-20-91; Ord- No. 91-123, § 3(80.30(3)),12-17-91) 22-1244 Reasonab[e use of the subject property. (a) The provisions of this section establish a mechanism whereby the provisions of this article may be modified or waived on a case-by-case basis if their implementation would deprive an applicant of all reasonable use of the subject property. (b) An applicant may apply for a modification or waiver of the provisions ofthis article using process IV; except:, that applications for projects on single-family residential lots platted prior to the incorporation of the city may use process HI. (c) The city may approve a modification or waiver of the requirements of this article on a case-by- case basis based on the following criteria: (1) The application of the provisions of this article eliminates all reasonable use of the subject property. (2) It is solely the implementation of this article, and not other factors, which precludes all reasonable use of the subject property. (3) The applicant has in no way created or exacerbate<1 the condition, which forms the limitation on the use of the subject property, nor in any way contributed to such limitation. (4) The knowledge of the applicant of limitations on the subject property when he or she acquired the subject property. (5) The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property. (d) If the city grants a request under this section, it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property, considering the factors described in subsections (c)(l) through (c)(5) of this section. The city may impose any limitations, conditions and restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section. (Ord. No. 90-43, § 2(80.35), 2-27-90; Ord. No. 91-105, § 4(80.35),8-20- 91; Ord. No. 91-123, § 3(80.35), 12-17-91; Ord. No. 99-353, § 3, 11-16-99) 22-1245 Appeals of determination made under article. Any determination made by the director of community development under this article may be appealed using the procedures established for appeals of interpretations under FWCC~ 22-350. (Ord. No. 90-43, § 2(80.40), 2-27-90; Ord. No.91-105, § 4(80.40),8-20-91; Ord. No. 91-123, § 3(80.40),12-17-91) FWCC BRviroRlhefitally Sensitive ¡\:eas Critical Areas Page 4 EXHIBIT . .~ ~ - P AGE~OF ~ 22-1246 Bonds. The city may require a bond under FWCC 22,.146 et seq. to insure compliance with any aspect of this article. (Ord, No, 90-43, § 2(80.45), 2-27-90; Ord. No. 91-105, § 4(80.45), 8-20-91; Ord. No, 91-123, § 3(80.45), 12-17-91) 22-1247 Dedication. The city may require the applicant to dedicate development rights or an open space easement to the city to insure protection of steep slopes, wells, streams, regulated lakes and regulated wetlands and other areas within the jurisdiction of this article. (Ord. No, 90-43, § 2(80,50), 2-27-90; Ord. No. 91-105, § 4(80,50), 8- 20-91; Ord. No. 91-123, § 3(80.50),12-17-91) 22-1248 Exemptions. The following activities are exempt from the provisions of this article: (I) Emergencies, that in the opinion of the director of community development, threaten the public health, safety and we! fare; (2) Nonnal and routine maintenance and repair of the following facilities, for which a maintenance plan has been approved by the public works director: , a. Existing-drainage ditches provided, however, that this exception shall not apply to any ditches used by salmonids other than to pennit free migration of salmonid to their spawning grounds; b, Surface water facilities, provided that such activities shall not involve conversion of any regulated wetland not currently being used for such activity; c. Existing public facilities and utility structures or right-or-way. The maintenance plan may be designed to address individual facilities or facility components, area- wide facilities or city-wide systems. The maintenance plan shall identifY the nature of the potential maintenance or repair activities, specifications for work which may occur within potential sensitive areas, specifications for restoring and/or mitigating impacts, specifications for timing of maintenance or repair activities, and process for contacting or notifying the city of pending maintenance or repair activities to ensure compliance with the approved plan. The public works director may require that an appropriate bond or security be maintained with the city to ensure restoration of disturbed areas. (Ord. No- 91-105, § 4(80.37),8-20-91) 22-1249 - 22-1265 Reserved. Division 3, General Site Design Requirements 22-1266 Responsibility of applicant. The applicant shall locate all improvements on subject property to minimize adverse impacts ill to steep slopes, wells, streams, regulated lakes~ aOO regulated wetlands, and critical aquifer recharge and wellhead protection areas. (Ord. No. 90-43, § 2(80.60(1)), 2-27-90; Ord. No. 91-105, § 4(80,60(1», 8-20-91; Ord- No. 91-123, § 3(80.60(1)), 12-17-91) 22-1267 Physical barriers. The applicant shall install a benn, curb or other physical barrier during construction and, if necessary, following completion of development of the subject property, to prevent direct runoff and erosion from any disturbed area onto or into a steep slope, any area within 100 feet of a well head, a stream, a regulated lake or a regulated wetland. (Ord. No. 90-43, § 2(80.60(2)), 2-27-90; Ord. No, 91-105, § 4(80.60(2», 8-20-91; Ord. No. 91-123, § 3(80.60(2), 12-17-91) FWCC El\viroamentally Sensitive Areas Critical Areas Page 5 ..._n._- .'.. ,.---...-....-.---...,..---.....-... EXHIBIT__- " PAGE~J)F~ 22-1268 Vehicle circulation areas. The applicant shall locate at"! parking and vehicle circulation areas as far as possible from any steep slope, well head, stream, regulated lake and regulatedwetlaw:L (Ord. No. 90-43, § 2(80.(Í2(3», 2-27-90; Oed. No. 91-105, § 4(80.60(3»), 8-20-91;Ord, No. 91-123, § 3(80.60(3»),12-17-91) 22-1269 Time limitation. The city may limit development activities which involve any land surface modification to specific months of the year and to a maximum number of continuous days or hours in order to minimize adverse impacts. (Ord. No. 90-43, § 2(80.60(4)), 2-27-90; Ord. No. 91-105, § 4(80.60(4»), 8-20-91; Ord. No. 91-123, § 3(80.60(4»),12-17-91) 22-1270 Other requirements. The city may require other construction techniques, conditions and restrictions on development in order to minimize adverse impacts on steep slopes, wells, critical aquifer recharge areas and wellhead protection areas, streams, regulated lakes or regulated wetlands. (Ord. No. 90-43, § 2(80.60(5), 2-27-90; Ord, No. 91-105, § 4(80.60(5)),8-20-91; Ord, No. 91-123, § 3(80.60(5», 12-17-9l) 22-1271- 22-1285 Reserved. Division 4. Geologically Hazardous Areas Development 22-1286 Limitations. (a) This section regulates development activities arid land surface modifications on or within 25 feet of a geologically hazardous area. ' (b) Development activities, land.surface modifications or the installation and maintenance of landscaping normally associated with residential, commercial or park use may not-occur on or within 25 , feet of a geologically hazardous area unless no reasonable alternative exists and then only if the - ..c "",....-. development activity or land surface modification will not lead to or create any increased slide, seismic or erosion hàzard. , (c) Before àpproving any development activity or land surface modification under this section, the city may require the applicant to submit the following information: (I) A soilsreport prepared by a qualified professional engineer licensed in the state which describes how the proposed development will impact each of the following on the subject property and nearby properties: a. Slope stability, landslide hazard and sloughing. b. Seismic hazards. c. Groundwater. d. Seeps, springs and other surface waters. e. Existing vegetation. ' (2) Recommended foundation design and optimal location for roadways improvements. (3) Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. (4) Any other information the city determines is reasonably necessary to evaluate the proposal. (d) If the city approves any development activity or land surface modification under this section, it may, among other appropriate conditions, impose the following conditions of approval: (I) That the recommendations of the soils report be followed. (2) That the applicant pay for the services of a qualified professional engineer selected and retained by the city to review the soils report and other relevant information. . (3) That a qualified professional engineer be present on site during all land surface modification activities. FWCC - Environmentally Sensitive :\reas Critical Areas . Page 6 EXHIB'T_._P- . ~ PAGE-1-°F~ (4) That trees, shrubs and groundcover be retained éxèeì5l where necessary for approved development activities on the subject property. . (5) That additional vegetation be planted in disturbed areas. (Ord.No;9ö-43, § 2(80.65), 2-27-90; Ord. No. 90-79, § 3,12-18-90; Ord. No. 91-105, § 4(80.65),8-20-91; Oed. No. 91-123, § 3(80.65),12-17-91) . 22-1287 - 22-1305 Reserved, Division 5. Streams 22-1306 Setbacks. (a) No land surface modification or improvements may take place or be located in a stream or within the following setback areas except as allowed within this article: (I) The setback area for a 'major stream includes all areas within 100 feet outward from the ordinary high water mark of a major stream. (2) The setback area for a minor stream includes all areas within 50 feet outward from the ordinary high water mark of a minor stream. (b) The setback areas established by this section do not apply to any segment of a stream that is presently within a culvert, unless that stream will be taken out of the culvert as part of development of the subject property. (Ord. No- 90-43, § 2(80.75),2-27-90; Ord. No. 90-79, § 4, 12-18-90; Oed. No. 91-105, § 4(80.75),8-20-91; Oed, No, 91-123, § 3(80.75), 12-17-91; Oed. No- 99-353, § 3,11-16-99) 22-1307 Relocation. (a) Relocation of a stream on the subject property is pennitted subject to all of the conditions and restrictions of this section. . (b) A proposal to relocate a stream will be reviewed and decided 'upon using process IV in FWCC 22- 431 et seq. . (c) As part of any request under this section, the applicant must submit a stream relocation plan, prepared by a qualified professional approved by the city, that shows the following: (I) The creation of a natural meander pattern. (2) The fonnation of gentle side slopes, at leasttwo' feet horizontally to one foot vertically, and the installation of erosion control features for stream side slopes. (3) The creation of a narrow subchannel, where feasible, against the south or west bank. (4) The utilization of natural materials, wherever possible. - (5) The use of vegetation normally associated with streams, including primarily native riparian vegetation. (6) The creation of spawning and nesting areas, wherever appropriate. (7) The re-establishment of the fish population, wherever feasible. (8) The restoration of water flow characteristics compatible with fish habitat areas, wherever, feasible. (9) The filling and revegetation of the prior channel. (10) A proposed phasing plan specifying time of year for all project phases. (d) The city will allow a stream to be relocated only if water quality, habitat and stonnwater retention capability of the streams will be significantly improved by the relocation. Convenience to the applicant in order to facilitate general site design may not be considered. (e) Prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the new channel following its completion and issue a written report to the director of community development stating that the channel complies with the requirements of this section. (t) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the subject property. (Ord. No. 90-43, § 2(80.80), 2-27-90; Ord- No, 91-105, § 4(80.80), 8-20- 91; Ord. No. 91-123, § 3(80.80),12-17-91; Ord. No. 99-353, § 3, 11-16-99) FWCC - Environmentally ~eRsiti'le t'.œas Critical Areas Page 7 ...-.---'-.--...- .-----'- --...-----..,------ ",'-'---'-----------" --------., .'.,. .. - -- - n -- --- . EXH I BIT ~f PAGE-'-OF~ ~ 22-1308 Bùlkheads. (a)A bulkhead may not be located in or along a stream except as established in this section. , (b) A request for a bulkhead in or along the'stream will be reviewed and decided upon using process III in FWCC 22-386 et seq. (c) A request to locate a bulkhead in or along the stream will only be granted if the bulkhead is - needed to prevent significant erosion and the use of vegetation will not sufficiently stabilize the bank to prevent this erosion. , . (d) The bulkhead, if permitted, must be designed to minimize the transmittal of water current to other properties. Changes in the horizontal or vertical configuration of the land in or around the stream must be kept to a minimum. (Ord. No. 90-43, § 2(80.85), 2-27-90; Ord. No. 91-105, § 4(80.85),8-20-91; Ord. No. 91-123, § 3(80.85), 12-17-91; Ord. No. 97-291, § 3,4-1-97) 22-1309 Culverts. (a) Culverts are pennitted in streams only if approved under this section. (b) The city will review and decide upon applications under this chapter using process III in FWCC 22-386 et seq. (c) The city will allow a stream to be put in a culvert only if: (I) No significant habitat area will be destroyed; and (2) It is necessary for some reasonable use of the subject property. Convenience to the applicant in order to facilitate general site design will not be considered. The applicant must demonstrate, by submitting alternative site plans showing the stream in an open condition, that no other reasonable site design exists. (d) The culvert must'be designed and installed to allow passage of fish inhabiting or using the stream. The culvert must be large enough to accommodate a tOO-year stonn. (e) The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as to allow free passage of water and, if applicable, fish. The city shall require a bond under FWCC 22-146 et seq, to en.sure-maintenance of the culvert approved under this section. (Ord, No, 90-43, § 2(80,90),2-27-90; Ord. No. 91-105, § 4(80.90), 8-20-91; Ord. No. 91-123, § 3(80.90),12-17-91; Ord. No. 97-291, § 3,4-1-97) 22-1310 Removal of streams from culverts. . If development of the subject property requires approval through process I, II or IUof this chapter, the city may require the stream to be taken out of the culvert and restored to a natural-like configuration as part of the city's approval of development of the subject property. (Ord. No. 90-43, § 2(80.95), 2-27-90; Ord. No. 91-105, § 4(80.95), 8-20-91; Ord. No. 91-121, § 3(80.95),-12"17-91) 22-1311 Rehabilitation. The director of community development may permit or require the applicant to rehabilitate or . maintain a stream by requiring the removal of detrimental materials such as debris, sediment and invasive, non-native vegetation. Approval of stream rehabilitation shall be based on a review of a plan containing, at a minimum, an analysis of existing conditions, identification of the source, if possible, of the degradation of the stream or riparian zone, proposed corrective actions, induding.installation of native species within the riparian corridor, perfonnance standards, monitoring schedule, planting plans, erosion and sedimentation control plans, and grading plans as necessary. The director shall require an applicant to retain the services of a qualified professional in preparing the restoration plan. These actions may be pennitted or required at any time that a condition detrimental to water quality, stability of stream banks, degradation of existing naturally vegetated buffers, or in stream habitat exists. Intrusions into regulated steep slopes and associated setbacks will be allowed for purposes of approved stream rehabilitation projects. (Ord. No. 90-43, § 2(80.100), 2-27-90; Ord. No. 91-105, § 4(80.100),8-20-91; Ord. No. 91-123, § 3(80.100), 12-17-91; Ord. No. 99-353, § 3,11-16-99) . FWCC - EnviroRmeRtaUy Sensitive .'\:"63$ Critical Areas Page 8 EXHIBIT F PAGE~OF~ 22-1312 Intrusion into setbacks. (a) Essential public facilities, public utilities and other publié improvements. The director of community development may permit the placement of an essential public facility, public utility or other public improvements ina setback from a stream if he or she detennines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency- The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. "Public utility and other public improvements" shallnot include improvements whose primary purpose is to benefit a private development, including without limitation interior roads or privately-owned detention facilities installed within or during the construction of a residential subdivision, binding site plan, or other commercial development (b) Minor improvements. Minor improvements such as footbridges crossing thestream, walkways and benches may be located within the setback area if approved through process III, based on the following criteria: (1) It will not adversely affect water quality; (2) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (3) It will not adversely affect drainage or stonnwater retention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; (5) It will not be materially detrimental to any other property nor to the city as a whole; and (6) It is necessary to correct anyone of the adverse conditions specified in subsections (b)( I) through (b)(5) of this subsection. (c) Other intrusions. Other than as specified in subsections (a) and(b) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through-process IV, based on the following criteria: (1) It will not adversely affect water quality; (2) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (3) It will not adversely affect drainage or stonnwater retention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; (5) It will not be materially detriniêñtalto any other property in the area of the subject property nor to the city as a whole, including the loss of significantopen space; and (6) It is necessary for reasonable development of the subject property. (Ord. No. 90-43, § 2(80.105), 2-27-9Ò; Ord. No. 91-105, § 4(80_105), 8-20-91; Ord~ No. 91-123, § 3(80.105),12-17-91; Ord, No. 99-353, § 3,11- 16-99) 22-1313 Additional requirements for landsurface modification. If any land surface modification is pennitted within the stream or stream setback area, the applicant shall comply with the following additional requirements: (1) All fill material used must be nondissolving and nondecomposing. The fill material must not contain organic or inorganic material that would be detrimental to water quality or the existing habitat. (2) The applicant may deposit dredge spoils on the subject property only if part of an approved development on the subject property. (3) The applicant shall stabilize all areas left exposed after land surface modification with native vegetation nonnally associated with the stream or setback area. (Ord. No, 90-43, § 2(80.110), 2-27-90; Ord. No. 91-105, § 4(80.110), 8-20-91; Ord. No. 91-123, § 3(80.110), 12-17-91) 22-1314 - 22-1330 Reserved. FWCC ..,. OOvironHlentally Sensitive Areas Critical Areas Page 9 _d.._____-....------ ...--_s.-----------c..----.-- --_.----- ----."U'-.'--.'- - ' --______n_----.'---__m___- -- '- . .--..-. --- --- EXHIBIT fa --..--.. PAG'E.O~- Division 6. Regulated Lakes 22-1331 Conformance with division. No structure, improvement nor land surface modification may be constructed or take place within regulated lakes or within setback areas from regulated lakes except as allowed in this article. (Ord. No. 90- 43, §2(80.115), 2-27-90; Ord. No. 91-105, § 4(80.115), 8-20-91; Ord. No. 91-123, § 3(80.115),12-17-91) 22-1332 Setback areas. All areas landward 25 feet in every direction from the ordinary high water mark of a regulated lake is within the setback area from a regulated lake. (Ord. No. 90-43, § 2(80.120), 2-27-90; Ord. No. 91-105, § 4(80.120),8-20-91; Ord. No. 91-123, § 3(80.120),12-17-91) 22-1333 Activities and improvements waterward of the ordinary high water mark. This section regulates structures, improvements and activities waterward of the ordinary high water mark of regulated lakes. (1) Dredging and filling. Except as permitted in conjunction with activities regulated under process III and IV, FWCC ~ 22-386 et seq, and 2251622-431 et seq., dredging and filling waterward of the ordinary high water mark of a regulated lake is prohibited. (2) Structures and improvements. Except as permitted in conjunction with activities regulated under process III and IV, FWCC 2217622-386 et seq. and 2251622-431 et seq., the only structures or improvements that may be located waterward of the ordinary high water mark of a regulated lake are moorage structures. The city will review and decide upon any proposal for a moorage structure waterward of the ordinary high water mark using process III. The city may grant a request under this section ifthe moorage structure is.accessory to a dwelling unit or public park on the subject property and no significant habitat area will be damaged by its construction or use. A moorage structure, if permitted, may not extend waterward further than is reasonably necessary to function properly, but in no event more than 200 feet waterward of the ordinary high water mark. Moorage structures may not be treated with creosote, oil-base or other toxic substances. The top of the moorage structure may not be more than two feet above the ordinaryhigh water mark. (Ord. No. 90-43, § 2(80.125), 2-27-90; Ord. No. 91-105, § 4(80.125),8-20-91; Ord- No. 91-123, § 3(80.125), 12-17-91; Ord. No. 99-353, § 3, 11-16-99) 22-1334 Activities and improvements within the, required setback areas from regulated lakes. N~structure, improvement nor land surfàce modification may be located or take place within the setback area from a rçgulated lake except as allowed in this sectidb.. (1) Landscaping and land surface modification. Except as otherwise specifically permitted in this section, the setback area from a regulated lake may not be covered with an impervious surface. Installation and maintenance of normal residentiál or park-like landscaping may take place within the required setback area, provided that no fertilizers, pesticides or other chemicals or substances are applied within the setback area that will degrade water quality or hasten eutrophication of the lake. Land surface modification beyond installation and maintenance of normal residential or park-like landscaping may only be permitted within the setback area if approved through process III based on the following criteria: a. The proposed land surface modification is necessary for the reasonable use ofthe subject property. b. The land surface modification will not increase or decrease the size of the regulated lake. c. The land surface modification will not change the points where any water enters or leaves the subject property nor in any way change drainage patterns to or from adjacent properties. d. The proposed land surface modification will not be detrimental to water quality or habitats in or around the lake. (2) Minor structures and improvements. Minor improvements such as walkways, benches, platforms for storage of small boats and small storage lockers for paddles, oars, life preservers and similar FWCC - EnviroRmeRtalIy Sensitive ,"¿-eas Critical Areas Page 10 EXHIBIT P P AGE-'lOF ~ boating equipment may be located within the setback area if approved by the director of community development based on the following criteria: a. The minor improvement will not adversely affect water quality. b. The minor improvement will not destroy nor damage a significant habitat area. c. The minor improvement will not adversely affect drainage or stormwater retention capabilities. d. The minor improvement will not be material1y detrimental to any other property in the area of the subject property nor to the city as a whole. (3) Essèntial public facilities and utilities. The director of community developmenfmay permit the placement of an essential public facility or utility in the setback area if he or she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (4) Other intrusions. a. Where theproperties immediately abutting the subject property have dwelling units which extend into the setback area, the applicant may construct a dwelling unit on the subject property that extends into this setback area to the extent permitted in subsection (4)(b) of this section. b. Where subsection (4)(a) of this section applies, the dwelling unit on the subj<?ct property may be no closer to the ordinary high water mark of the regl1lated lake than the average of the distance of the two dwelling units on the properties immediately abutting the subject property. If one of the properties immediately abutting the subject property does not contain a dwelling unit or the dwelling unit on that abutting property is more than 25 feet from the ordinary high water mark of the regulated lake, the setback of the dwelling unit on that lot will be presumed to be 25 feet for the purposes of calculating the permissible location for the dwelling unit on the subject property under this section. (5) Revegetation. The applicant s9aU~ta"þilize all areas left exposed after land surface modification with appropriate vegetation. (Ord. No. 90-43, § 2(80. \30),2-27-90; Ord. No. 90'-79, § 5, 12-18-90; Ord. No. 91-105, § 4(80.130), 8-20-91; Ord, No. 91-123, § 3(80.130),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1335 Rehabilitation, The director of community development may permit or require the applicant to rehabilitate or maintain a regulated lake by requiring the removal of detrimental materials such as debris, sediment and inappropriate vegetation and by requiring the planting of native vegetation. These actiòns may be permitted or required at any time that a condition detrimental to water quality or habitat exists. (Ord- No. 90-43, § 2(80.135), 2-27-90; Ord, No. 91-105, § 4(80,135), 8-20-91; Ord. No. 91-123, § 3(80.135),12-17-91) 22-1336 Bulkheaas. (a) General. A bulkhead is permitted within or adjacent to a regulated lake subject to the provisions of this section. (b) Required permit. The city will review and decide upon an application under this section using process III. (c) Criteria. The city may permit a bulkhead to be constructed only if: (1) The bulkhead is needed to prevent significant erosion. (2) The use of vegetation will not sufficiently stabilize the shoreline to prevent the significant erosIOn. (d) Design features. A bulkhead may not be located between a regulated lake and a wetland. Changes in the horizontal or vertical configuration of the land must be kept to a minimum. The bulkhead must be designed to minimize the transmittal of wave energy to other properties, (Ord. No. 90-43, § 2(80.140), 2-27-90; Ord. No. 91-105, § 4(80.140),8-20-91; Ord. No. 91-123, § 3(80.140), 12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1337 - 22-1355 Reserved. FWCC - Environmentally SeRsiti\'e Areas Critical Areas Page II . .... --.. -- -- '. ' .."'" "..__._-~---_.-""'_. ---'--'--'.' ...-.-..__.__--h__..._.. 'h-_h__h_m_~- ...----'- . -. h_--'" . .. .-.-----.,."..."..,.....,;...----- EXHIBIT F- PAGE~OF~ Division 7. Regulated Wetlands 22-1356 Determination of wetland and regulated wetland, (a) Generally. This section contains procedures and criteria for determining whether an area is defined as a regulated wetland under this chapter. . (b) Evaluation. If the city detennines that a wetland may existQn or within 200 feet of the subject property, the director of community development shall require the applicant to submit a wetland report, prepared by a qualified professional approved by the city, that includes the infonnation set forth in subsections (b )(1) through (b )(7) and (c) of this section. The director of community development shall use the infonnation required by subsections (b)(l) and (b)(2) to detennine if the area is a regulated wetland and, if so, shall use the infonnation required by subsections (b )(3) through (b )(7) and (c) to detennine the category and the precise boundaries of that regulated wetland. (I) An evaluation of whether the area in question is a regulated wetland, based on the definition of "regulated wetland" in FWCC 22-1. (2) An overview of the methodology used to conduct the study. (3) A description of the wetland and plant communities found therein, a map delineating the edge of the wetland and location of plant communities, and a detailed description of the method used to identify the wetland edge. (4) The wetland classification, according to the U.S. Fish and Wildlife Service "Classification of Wetlands and Deep Water Habitats in the U.S." , (5) A list of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. (6) A list of potential plant or animal species based on signs or other observation. (7) An evaluation and assessment of the existing or potential functions and val':1es of the wetland based on the following factors: Surface water control; wildlife habitat; pol.lution and erosion control; .. groundwater exchange; open space and recreation; and educational and cultural opportunities. (c) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were designed to impound or convey water for an engineered purpose are not considered regulated wetlands under this article provided they meet all of the following criteria: (I) The drainage facility must have been intentionally human created. This is to differentiate from those wetland sites that are accidental consequences of development actions, such as road construction or culvert placement Such sites may be considered regulated wetlands by the director upon a review, under subsection (b)(7) of this section, of the ecological functions and values of the site. (2) The drainage facility must have been originally constructed on uplands (nonwetlandcareas). If the drainage facility is located within a straightened, channelized, or otherwise disturbed natural witercourse,it may be considered a regulated wetland by the director upon a review, under subsection (b )(7) of this section, of the ecological functions and values of the site. (3) The facility must be actively operated as for use as a surface water drainage facility. Abandoned drainage facilities may be considered regulated wetlands by the director upon a review, under subsection (b)(7) of this section, of the ecological functions and values of the site. (4) Wetland conditions have not expanded beyond the originally constructed drainage facility boundary. In such a case the expanded area may be considered a regulated wetland by the director upon review, under subsection (b)(7) of this section, of the ecological functions and values of the site. (5) The drainage facility was not designed or constructed as a requirement to mitigate previous wetland impacts. (6) The director finds that limited ecological functions and values do not warrant application of the city's wetland regulations. (Ord. No. 90-43, § 2(80.145), 2-27-90; Ord. No. 91-105, § 4(80.145), 8-20-91; Ord. No. 91-123, § 3(80.145), 12-17-91; Ord. No. 99-353, § 3, 11-16-99) FWCC - Environmentally Sensitive Areas Critical Areas Page 12 , '" ,',' ,.------- _u._---,.'.'..., -' .', ,,'a_----~_.,,-, n-'-'" - ,_'d.--.,-_.'..__.,-- , EXHIBIT ~ P AGEJ.LOF--2.L- - 22c-1357 Wetland categories and standard buffers. (a) Regulated wetlands are classified-into the following categories: (1) Category I wetlands meet one of the following criteria: a. 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 b. 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 c. Have three or more wetland classes, one of which is open water. (2) 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: a. 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 intennittent; or b. Are greater than one acre in size in its entirety; or ' c. 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. ' (3) Category III wetland are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. ' (b) Standard buffer widths for regulated wetlands are established as follows: (1) Category I wetlands shall have a standard buffer width of 200 feet. (2) Category II wetlands shall have a standard buffer width of 100 feet. (3) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are greater than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. (Ord. No. 90-43, § 2(80.150), 2-27-90; Ord. No. 91-105, § 4(80.150),8-20-91; Ord. No. 91-123, § 3(80.150), 12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1358 Structures, improvements and land surface modifications within regulated wetlands. (a) Generally. No land surface modification may take place and no structure or improvement may be located in a regulated wetland except as provided in this section. ' (b) Public park. The city may allow pedestrian access through a regulated wetland in conjunction with a public park. The access, if approved, must be designed to the maximum extent feasible to protect the wetland from any adverse effects or impacts of the access and to limit the access to the defined access area. ( c) Rehabilitation. The director of community development may permit or require an applicant to rehabilitate and maintain a regulated wetland by removing detrimental material such as debris and inappropriate vegetation and by requiring that native vegetation be planted. These actions may be required at any time that a condition detrimental to water quality or habitat exists. (d) Modification. Other than as specified in subsections (b) and (c) of this section, the city may approve any request to locate an improvement or engage in land surface modification within a regulated wetland using process rv. The specific location and extent of the ,intrusion into the regulated wetland must constitute the minimum necessary encroachment. Approval of a request for improvements or land surface modification within a regulated wetland through process rv shall be based on the following criteria: (I) It will not adversely affect water quality. (2) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat. (3) It will not adversely affect drainage or stonnwater retention capabilities. (4) It will not lead to unstable earth conditions nor create erosion hazards. (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. FWCC - Environmentally Sensitive Areas Critical Areas Page 13 -- ,_.. --___m_- - ---' -.-..-,.---.'----, ,,'--------'-'--"-_P. ---..----------,--- , u.u-.-'--"..-"',-- '-'----------'---,'-, - EXHIBIT F PA6E.ht-OF~ (6) It will result in no net loss of wetland area, function or value, (7) The project is in the best interest of the public health, safety or welfare. (8) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. - (9) The applicant is committed to monitoring the project and to make colTections if the project fails to meet projected goals. (e) Required information, As part of any request under this section, the applicant shall submit a report, prepared by a qualified professional approved by the city, that includes the following information: (I) Mitigation plan. A mitigation plan shall include the following elements: a. Environmental goals and objectives. b. Performance standards. . c. Detailed construction plans. d. Timing. e. Monitoring program for a minimum of five years. f. Contingency plan. g. Subject to the applicant's election of timing alternatives provided in subsection (e)(4) of ,this section, a performance and maintenance bond in an amount of 120 percent of the costs of implementing the mitigation plan or the contingency plan, whichever is greater. (2) ~itigation. Mitigation of wetland impacts shall be restricted to restoration, creation or enhancement, within the same basin, of in-kind wetland type which results in no net loss of wetland area, function or vàlue. Where feasible, mitigation measures shall be designed to improve the functions and values of the impacted wetland. (3) Minimum acreage mitigation ratio. The following are ratios for providing restoration, creation or enhancement of impacted wetland areas. The first number of the ratio specifies the acreage of wetland requiring restoration, creation or replacement and the second specifies the acreage of wetlands impacted. Wetland Category Creation and Restoration Enhancement '~"'- Category I (aU types) Category II: Forested Scrub/Shrub Emergent Category III: Forested 2: I 4: 1 Scrub/Shrub 1.5: I 3: I Emergent 1.25: 1 2.5: 1 The director may permit or require the above replacement ratios to be increased or decreased based on the following criteria: a. Probable success of the proposed mitigation. b. Projected losses in function or value. c. Findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under an alternative ratio. d. In no case shall the minimum acreage replacement ratio be less than 1.25: 1. (4) Timing. All required wetland mitigation improvements, including monitoring, shall be completed and accepted by the director of community development prior to beginning activities that will disturb regulated wetlands, or the applicant shall provide the performance and maintenance bond specified in subsection (eXI)(g) of this section. In either event, the applicant may not take any action that disturbs a regulated wetland or its buffer until the director has reviewed and approved the mitigation plan. 6: I 12: 1 3: 1 2: I 2: I ~6:1 4:1 4:1 FWCC - OOvicoRmeRtally Sensitive Areas Critical Areas Page 14 ...... "....' "-----------_n_C.... "._'__m- - n .',,-'...__n . . . .. - . ",.,-._"'._n .. .--- -.d'" EXHIBIT fA PAGE-!l-OF-24- All wetland- or buffer-disturbing activities, and all mitigation, shall be timed to reduce impacts to existing plants and animals. ' (5) Inspections. The applicant shall pay for services of a qualified professional selected and r:etained by the city to review the wetland mitigation report and other relevant infonnation, conduct periodic inSþ'&tions, issue a written report to the director of community <;Ievelopment stating that the project ~omplies wit~requt¡;ement~?f the nlÌtigation plan, and to conduct and report to the director on the status of the monitoring program. (Ord. No. 90-43, § 2(80.155), 2-27-90; Ord. No. 90-79, § 6, 12~18-90; Ord. No, 91-105, § 4(80,155),8-20-91; Orct. No- 91-123, § 3(80,155),12-17-91; Ord. No. 99-353, § 3,11-16-9.9) 22-1359 buffers. (a) Generally, Except as allowed in this section, no land surface modification may take place and no structure or improvement may be located within a regulated wetland buffer. (b) Buffer averaging. Buffers may be averaged only when the wetland or the buffer which is proposed to be reduced contains habitat types which have been so pennanently impacted that reduceO buffers do not pose a detriment to the existing or expected habitat functions. Through process III, the applicant must demonstrate to the satisfaction of the director of community development that the proposed buffer averaging will meet all of the following criteria: (1) Reduced buffers will not affect the water quality entering a wetland or stream; (2) Reduced buffers will not adversely affect the existing quality of wildlife habitat within the wetland or the buffer; (3) Reduced buffers will not result in unstable earth conditions nor create erosion hazards; and (4) Reduced buffers will not be detrimental to any other public or private properties, including the loss of open space. At no point shall the buffer width be reduced to less than 50 percent of the required standard buffer .width, unless the buffer, in existing conditions, has already been pennanently eliminated by previous, legally pennitted actions. The total area contained within the buffer after averaging shall be equal to the area required for standard buffer dimensions. (c) Essential public facilities, public utilities and other public improvements. The director of community development may penn it the placement of an essential public facility, public utility or other public improvements in a regulated wetland buffer if he or she detennines that the line or improvement must traverse the buffer because no feasible or alternative location exists based on an analysis of technology and system efficiency, The specific location and extent of the intrusion into the buffer must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (d) Minor improvements. Minor improvements such as footbridges; walkways and benches may be located within the buffer from a regulated wetland if approved through process III, based on the following criteria: (I) It will not adversely affect water quality; (2) It will not adversely affect the existing quality ofthe wetland's or buffer's wildlife habitat;. (3) It will not adversely affect drainage or stonnwater retention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; and (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole. (e) Buffer reduction. Through process III, the director of community development may reduce the standard wetland buffer width by up to 50 percent, but in no case to less than 25 feet, on a case-by-case basis, if the project includes a buffer enhancement plan which utilizes appropriate native vegetation and clearly substantiates that an enhanced buffer will improve and provide additional protection of wetland functions and values, and where one of the following conditions can be demonstrated: Structures, improvements and land surface modificatiòn within regulated wetland FWCC - ERYiroRmeRtally Sensitive Ñ'eas Critical Areas Page 15 EXHIBIT~ p AGE-Ut-.OF ~ ~ (I) Existing conditions are šúch -that the _required standard buffer exists in a peimanently altered state (e.g., roadways, paved parking lots, permanent structures, etc. which does not provide any buffer function, then the buffer can be reduced for that portion where the intrusions are existing. - (2) Except for Category I wetlands, existing conditions are such that the wetland has been permanently impacted by adjacent development activities, as evidenced by such things as persistent human alterations QIthe dominance of non-native invasil'..e species, (3) A projecfon-an existing single--family lot pl~tted prior to the incorporation of the city, where imposition of the standard buffer would preclude reasonable use of the lot. - The director shall have the authority to determine if buffer averaging is warranted on-the subject property and.-if-sq, ma}!..require additional buffer area on other portions of the perimeter of the sensitive area, 5 (f)K1odification, Other than as specified in subsections (b) and (c) of this section, the city may approve any request to locate an improvemeQtor ~ngage in land surface modificatioñ within- the buffer from a regulated wetland through process IV,'hased on the following criteria: ( I) It will not adverse(y affect water quality; (2) It will n9t adversely affect the existing quality of the wetland's or buffer's wildlife habitat; (3) It w.Œ not adversely affect drainage or stormwater retention capabilities; (4) It wÎÌI not lead to unstable earth conditions nor create erosion hazards; and - (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. Any modification under this subsection shall not reduce the standard buffer by more than 50 perc~nt, and in no case shall the remaining buffer be less than 25 feet. The city may require, as a condition to any modification granted under this subsection, preparation and implementation of a wetland buffer enhancement plan to protect wetland and buffer functions and values. (g) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with native vegetation normally associated with the buffer. , (h) Buffer increases. The director shall require increased environmentally sensitive area buffer widths on a case-by-case basis when the director determines that a larger buffer is necessary to protect environmentalty sensitive area functions, values or hazards based on site-specific conditions. This determination shalt be supported by appropriate documentation showing that additional buffer width is reasonably related to protection of environmentalty sensitive area functions and values, or protection of public health, safety and welfare. Such determination shall be attached as permit conditions. The determination shall demonstrate that at least one of the following factors are met: (I) There is habitat for species listed as threatened or endangered by state or federal agencies present within the sensitive area and/or- its buffer, and additional buffer is necessary to maintain viable functional habitat; - (2) There are conditions or features adjacent to the buffer, such as steep slopes or erosion hazard areas, which over time may pose an additional threat to the viability of the buffer and/or the sensitive area. In such circumstances the city may choose to impose those buffers, if any associated with the condition or feature posing the threat in addition to, or to a maximum, beyond the buffer required for the subject sensitive area. (Ord. No. 90-43, § 2(80,160), 2-27-90; Ord. No. 90-79, § 7, 12-18-90; Ord. No. 91-105, § 4(80.160),8-20-91; Oed. No, 91-123, § 3(80.160),12-17-91; Oed. No. 99-353, § 3, 11-16-99) , 22-1360 - 22-1368 Reserved, Division 8; Regulated Well Heads 22-1369 Criteria. Any welt constructed after March I, 1990, must comply with the siting criteria of Chapter 173-160 WAC. Any improvement or use on the subject property erected or engaged in after March 1, 1990, must FWCC - Environmentally Sensitive Areas Critical Areas Page 16 -<_.c...." .". EXHIBIT__P . p AGE--1j::)F ~ comply with the requirements in Chapter 173-160 WAC regarding separation of wells from sources of pollution. (Ord. No, 90-43, § 2(80.70), 2-27-90) 22 137() 22 1375 Reserved. Division 9, Critical Aquifer Rechar2e Areas and Wellhead Protection Areas 22-1370 Limitations. This division regulates development activities and land surface modifications within designated wellhead capture zones. Wellhead Capture Zones 1, 2, and 3 are designated as critical aquifer recharge areas under the provisions of the Growth Management Act (Chapter 36.70A RCW) and are established based on proximity to and travel time of groundwater to the city's public water source wells. 22-1371 Classification of wellhead capture zones. The Lakehaven Utility District CLOD) has designated three wellhead capture zones based on proximity to and travel time of groundwater to the city's public water source wells: (a) Wellhead Capture Zone 1 represents the land area overlaying the one-year time-of-travel zone of any public water source well owned by LUD. (b) Wellhead Capture Zone 2 represents the land area overlaying the five-year time-or-travel zone of any public water source well owned by LUD, excluding the land area contained in Wellhead Capture Zone 1. (c) Wellhead Capture Zone 3 represents the land area overlaying the 10-year time-of-travel zone of any public water source well owned by LUD, exclùding the land area contained in Wellhead Capture Zones 1 or 2. 22-1372 General requirements. (1) Activities may only be pennitted in a critical aquifer recharge area and wellhead protection area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer; (2) The city shall impose development conditions to prevent degradation of the critical aquifer recharge and wellhead protection area. All conditions to penn its shall be based on known, available, and reasonable methods of prevention control and treatment (AKART). (3) The proposed activity must comply with the water source protection requirements and recommendations of the .Federal Environmental Protection Agency, State Department of Ecology, State Department of Health, and the Kin!?; County Health Department. (4) The proposed activity must be designed and constructed in accordance with the King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWDM, and the King County Storm water Pollution Control Manual (BMP manual). 22-1373 Prohibited activities in wellhead capture zone 1. (l) Land uses or activities for development that pose a significant hazard to the city's groundwater resources resulting from storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall be prohibited in Wellhead Capture Zone I. These land uses and activities include, but are not limited to: a, On-site community sewage disposal systems as defined in Chapter 248-272 WAC; b. Hazardous liquid pipelines as defined in Chapter 81.88 RCW; c. Solid waste landfills; d, Solid waste transfer stations; e. Liquid petroleum refining, reprocessing, and storage; f. The storage or distribution of gasoline treated with the additive MTBE; FWCC - ERvirOl'lmentally Sensiti'.'e ¡'.reas Critical Areas Page 17 .EXHIBIT. ~-- PAGE-,IJE~ - g. Hazardous waste treatment, storage, and disposal facilities (except those defined under permit by rule for industrial wastewater treatment processes per Chapter I 73-303-802r5lfcl WAC); h. Chemical manufacturing, includin~ but not limited to, organic and inorg;anic chemicals, plastics and resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals; i, Dry cleaning establishments using the solvent perchloroethylene; j, Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and non-ferrous metalsJrom molten materials; k. Wood treatment facilities, including; wood preserving and wood products preserving; I. Mobile fleet fueling operations; m. Mining (metal, sand, and gravel); and n. Other land uses and activities that the city determines would pose a significant groundwater hazard to the city's groundwater supply. (2) Use List Not Exhaustive. The uses listed in FWCC 22-1379(1) represent the state of present knowledge and most common description of said uses, As other polluting uses are discovered, or other terms of description become necessary, they will be added to the list of uses prohibited within this zone, 22-1374 Re!!ulation of facilities handlin!! and starin!! hazardous materials. (1) Any land uses and activities located in critical aquifer recharge areas (wellhead capture zones L 2, and 3) shall submit a Hazardous Materials Inventory Statement with a development permit application. Siogh~ family I'@8i€l@otial "8@S i:Jfhae.ar€lø"s mat@rials €Jr d@l@t@ri€J"s s"bstaft.@@8 ar@ @lœmpt frøm this f@q"ir@m@ftt byt mYst @øftføfftl t€J th€!s@ lu:rf€!rman@@ standards in FWCC 22 1375.1. 1ft additi€!lt., ~n- going operation and maintenance activities of public wells by public water providers are exempt from these requirements. (2) Land uses and activities that involve the use, storage, transport, or disposal of hazardous materials as defined in FWCC 22-1, in quantities -equal or greater to 20 gallons liquid, or 200 pounds solid, shall submit a Hydrogeologic Critical Area Assessment Report and a Spill Containment and Response Plan, which shall at the minimum conform to the performance standards in FWCC 22-1381. . - (3) A Hydrogeologic Critical Area Assessment Report shall be prepared by a qualified groundwater scientist to determine the potential impacts of contamination on the aquifer. The report shall include the following site and proposal related information, at a minimum: (a) Information regarding geolo~ic and hydrogeologic characteristics of the site, including the surface location of the wellhead capture zone in which it is located and the type of infiltration of the site. (b) Groundwater depth, 'flow direction, and gradient. (c) Location of other critical areas, including surface waters, within 200 feet of the site; (d) Best Management Practices (BMPs) and Integrated Pest Management ({PM) proposed to be used, including: i, Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features; ii. Predictive evaluation of contaminant transport based on potential releases to groundwater; and iii. Predictive evaluation of changes in the infiltration/recharge rate. (4) A Spill Containment and Response Plan is required to identify equipment and/or structures that could fail, and shall include provisions for inspection as required by the applicable state regulations. (5) A Groundwater Monitoring Plan may be required to monitor quality and quantity of groundwater, surface water runoff, and/or site soils, The city may require the owner of a facility to install one or more groundwater monitoring wèlls to accommodate the required groundwater monitoring, Criteria used to determine the need for site monitoring shall include, but not be limited to, the proximity of the facility to production or monitoring wells, the type and quantity of hazardous materials on site, and whether or not the hazardous materials are stored in underground vessels. FWCC - ERvirofimentalIy Seflsitive Areas Critical Areas Page 18 EXHIBIT_.~ P AGE J!--,"J ~~~ 0 (6) The city may emplov an outside consultant at the applicant's expense for third-party review of the Hydrogeologic Critical Area Assessment Report, the Spill Containment and Response Plan, and the Groundwater Monitorin~ Plan. 22-1375 Performance Standards. (I) Wellhead Capture Zone L Any new or existing use applying for a development permit within wellhead capture zone L which involves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall complv with the following standards: (a) Secondary containment: i. The owner or operator of any facility or activity shall provide secondary containment for hazardous materials, or other deleterious substances, in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid, or in quantities specified in the International Fire Code, whichever is smaller. ii. Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of Ecology under Chapter 173-360 WAC (Underground Storage Tank Regulations) are exempt from the secondary containment requirements of this section, provided that documentation is provided to demonstrate compliance with those regulations. (b) Stormwater infiltration systems, Design and construction of new storm water infiltration systems must address site-specific risks of releases posed by all hazardous materials on site, These risks may be mitigated by physical design means, or equivalent best management practices, in accordance with an approved Hazardous Materials Management Plan. Design and construction of said storm water infiltration systems shall also be in accordance with the KCSWDM, as ámended by the City of Federal Way, and shall be certified for compliance with the requirements of this section by a professional engineer or engineering geologist registered in the State of Washington. (c) Protection standards during construètion. The following standards shall apply to construction activities occurrin~ where construction vehicles will be refueled on site, and/or the quantity of hazardous materials that will be stored, dispensed, used, or handled on the construction site is in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid, exclusive of the quantity of hazardous material contained in fuel or fluid reservoirs of construction vehicles. As part of the city's project permitting process, the city may require any or all of the following items: i. Detailed monitoring and construction standards; . ii. Designation of a person-On site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials, and who has appropriate knowledge and training to take mitigating actions necessary in the event of a fire or spill; . iv. Hazardous material storage, dispensing, refueling areas, and use and handling areas shall be provided with secondary containment adequate to contain the maximum release from the largest volume container of hazardous substances stored at the construction site; v. Practices and procedures to ensure that hazardous materials left on site when the site is unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles, or other techniques may be used to preclude access; vi. Practices and procedures to ensure that construction vehicles and stationary equipment that are found to be leaking fuel, hydraulic fluid, and/or other hazardous materials will be removed immediately, or repaired on-site immedÎately. The vehicle or equipment may be repaired in place, provided the leakage is completely contained; vii, Practices and procedures to ensure that storage and dispensing of flammable and combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site are in accordance with the International Fire Code; and FWCC - Environmentally Sensitive Areas Critical Areas Page 19 EXHIBITJ PAGE_OF ~ - viii. Practices and procedures, and/ßr onsite materials adequate to ensure the immediate containment and cleanup of any release oFhäZâfdóus subsŒ'òces stored at the construction site. On site clean up materials may suffice for smaller spills, whereas cleanup of larger spills may require a subcontract with a qualified cleanup contractor. Releases shall immediately be contained, cleaned up, and reported if required according to state requirements. (2) Wellhead capture zones I, 2, and 3. Any new'or existing use applying for a developmentpel11lit within all wellhead capture zones (I, 2, and 3), which involves storing, handling, treating, using, producing, recycling, or disposing of hazardous materials, or other deleterious substances, shall comply with the following standards: (a) Vehicle fueling, maintenance, and storage areas. Fleet and automotive service station fueling, equipment maintenance, and vehicle washing areas shall have a containment system for collecting and treating all runoff from such areas and preventing release of fuels, oils, lubricants, and other automotive fluids into the soil, surface water, or groundwater. Appropriate emergency response equipment shall be kept on site during the transfer, handling, treatment, use, production, recycling, or disposal of hazardous materials or other deleterious substances. (b) Loading and unloading areas. Secondary containment or equivalent best management practices, as approved by the Director of Community Development Services, shall be required at loading and unloading areas that store, handle, treat, use, p~oduce, recycle, or dispose of hazardous materials, or other deleterious substances, in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid. (c) Fill materials. Fill material shall not contain concentration of contaminants that exceed cleanup standards for soil as specified in the Model Toxics Control Act (MTCA). An Imported Fill Source Statement is required for all proiects where more than 100 cubic yards offill will be imported to a site. The city may require analytical results to demonstrate that fill materials do not exceed cleanup standards, The Imported Fill Source Statement shall include: . i. Source location of imported fill: ii. Previous land uses of the source location: and iii. Whether or not fill to be imported is native, undisturbed soil. (d) Best management practices. All development or redevelopment shall implement best management practices (BMPs) for water quality and quantity, as approved by the Director of Community Development Services. Such practices include biofiltration swales and use of oil-water separators, BMPs appropriate to the particular use proposed, cluster development, and limited impervious surfaces. 22-1375.1 Use of pesticides, herbicides, and fertilizers in critical aquifer recharf!e areas and wellhead protection areas, (l) Residential äSØ. ;\J'lJ'lliøati€lft @fh€läsøh€ll€l pøstieidgs, hsr\:Jisi€løs, aNd fcrtilizsrs shall n€lt øl[øge€l timgs, mea, s€lnsgfttrati€lNs, ~tft€ll€lgati€lfts spgsiñ0d €1ft th0 pa0kaging, (2) Oth0f äSSS. Proposed developments with maintained landscaped areas greater than 10,000 square feet in area shall prepare an Operations and Management Manual using Best Management Practices (Bf-1Ps) and Integrated Pest Management (IMP) for fertilizer and pesticide/herbicide applications, The BMPs shall include recommendations on the quantity, timing, and type of fertilizers applied to lawns and gardens to protect groundwater quality. 1:\2004 Code Amendments\Wellhead Protection\LUTC\Envirorunentally Sensitive Areas.docl09f27f2004 2:31 PM FWCC - Environmentally Sensitive Areas Critical Areas Page 20 EXHIBIT -'i- P AGE-'-OF--5- FEDERAL WAY CITY CODE CHAPTER 22. ARTICLE XIII DIVISION 7. LAND MODIFICATIONS 22-1091 General provisions. (a) General. The applicant shall comply with this section with respect to all land surface modifications. The requirements of Chapter 22, Article XIV, Critical Areas, shall govern for fill occurring in critical aquifer recharge areas and wellhead protection areas. (b) Nature offill materials. All materials used as 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. (Ord. No. 90-43, § 2(115.75(1), (2»), 2-27-90; Ord. No, 90-77, § 3(115.75(1), (2», 12-11-90) 22-1092 Bonds. The city may require the following bonds for any land surface modification approved by or under this division: ( I ) A performance bond to guarantee that the land surface modification will conform to city standards and requirements. (2) A maintenance bond for the stability of the work and the preservation of vegetation. (Ord. No. 90-43, § 2( 115.75(5)),2-27-90; Ord. No. 90-77, § 3(115.75(5)), 12-11-90) 22-1093 Permitted outright. A land surface modification is permitted only if it: ( I ) Has been approved as part of a valid development permit (except grading permits issued under chapter 70 of the city's building code), subdivision, or substantial development permit; (2) Is for cemetery graves; (3) Is in a right-of-way and authorized in writing by the director of the department of public works; (4) Is for mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where a permit has been issued by the state department of natural resources; (5) Is for exploratory excavations under the direction of a professional engineer licensed in the _state, provided that the extent of the land surface modification does not exceed the minimum necessary to obtain the desired information; (6) Is for normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way; (7) Is for excavations for utility service connections to serve existing and/or new structures and is outside any area that is within the jurisdiction of FWCC 22-1221 et seq.; (8) Is for actions which must be undertaken immediately, or within a time too short to allow for compliance with the permit requirements of FWCC 22-1094, 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 of community development; (9) Is for the removal of overhanging vegetation and fire hazards or for removal of blackberry vines or dead, dangerous or diseased trees when authorized by the building official; (10) Is for placement of fill on land owned or controlled by the city; (11) Is an integral part of an ongoing agricultural or horticultural use on the subject property; (12) Is conducted on property which contains a detached dwelling unit and which, because of the size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or EXHIBIT~ PAGE-2a-OF -' (13) Complies with all of the following criteria: a, The .subject property contains a permanent building or an active use. . b. The land surface modification will not change the points where the stonnwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater. c. The land surface modification is outside any area that is within the jurisdiction of FWCC 22-1221 et seq. d. In anyone-year period, not more than 100 cubic yards offill material is deposited on, excavated and removed from or moved from place to place on the subject property. If the subject property is larger than one acre, the limit is 100 cubic yards within each acre. . e. No trees defined as significant trees will be removed and no 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. f. If the subject property is two acres or larger and has 20 percent or more of its area covered with native vegetation, the land surface modification will not remove more than 20 percent ofthat native vegetation. The limitations of this subsection apply to all land surface modification on the subject property over time. g. The land surface modification will not result in more than a two-foot increase or one-foot decrease in the average elevation of the subject property, computed using the elevation of the midpoint of each property line. (Ord. No. 90-43, § 2(115.15(3)), 2-21-90; Ord. No, 90-11, § 3(115.15(3», 12-11-90) 22-1094 Discretionary approval. (a) Generally. A land surface modification that does not meet the requirements of FWCC 22-1093 may be approved through process III. ' (b) Required information. In addition to the application material required in process III, FWCC 22- 386 et seq., the applicant must submit the following: (I) A recent survey of the subject property. (2) A map showing the limits of the proposed land surface modification; the location of utilities, easements, right-of-way improvements and any area regulated under FWCC 22-1221 et seq. that is on or within 400 feet of any area to be disturbed by the proposed land surface modification. ' (3) A tree retention plan. (4) An erosion controVconstruction phase stormwater control plan. (5) A soilsreport which contains sufficient information to determine the potential impacts of the proposed land surface modification, as well as proposed measures to reduce or eliminate these impacts, all as determined by the city. (c) Decisional criteria. The city may approve the proposed land surface modification if it complies with the following criteria: (I) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes, wetlands or significant trees, either on or off the subject property. (2) It will not violate any express policy of the city. (3) 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 land surface modification in advance of the issuance of a development permit, subdivision or short subdivision approval or shoreline substantial development permit. (Ord, No. 90-43, § 2(\15.15(4»), 2-21-90; Ord. No. 90- 77, § 3(115.75(4)), 12-11-90; Ord. No. 00-315, § 23, 10-3-00) FWCC - Land Modifications Page 2 EXHIBIT~ PAGE~OF-=r= . - 22-1095 Tree and plant restoration. " If; during tl1.e land surface modification, any tree required to be retained or planted is damaged or destroyed, the applicant shall plant a tree of the same species at least five inches in diameter, as measured six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the immediate vicinity of the damaged or destroyed tree. The city may require the applicant to remove the damaged or destroyed tree. In addition, ¡fthe land surface modification destroys groundcover or shrubbery, the applicant shall hydroseed the bare soil and plant shrubs at least 24 inches in height in the immediate vicinity of the damaged or destroyed vegetation. (Ord. No. 90-43, § 2(115.75(5)), 2-27-90; Ord. No, 90-77, § 3(115.75(5), 12-11- 90) 22-1096 -: 22-1110 Reserved. 1:\2004 Code Amendments\Wellhead Protection\Planning Commissionlland modifications.doclO8l2612004 3: 19 PM FWCC - Land Modifications Page 3 EXHIBIT H PAGEi-OF-»- FEDERAL WAY CITY CODE CHAPTER 18 ENVIRONMENT AL PROTECTION Articles: I II III In General Environmental Policy Shoreline Management Article I. IN GENERAL Sections: 18-1 - 18-25 Reserved. 18-1 - 18-25 Reserved. Article II. ENVIRONMENTAL POLICY Sections: Division 1. GeneraUy 18-26 Purpose and authority. 18-27 Adoption by reference. 18-28 Additional definitions. 18-29 Fonns - Adoption by reference. 18-30 - 18-45 Reserved, Division 2. Administration 18-46 Designation of responsible official. 18-47 Lead agency detennination and responsibilities. 18-48 Fees. 18-49 Public notice. 18-50 Notice - Statute of limitations. 18-51 Administrative appeals. 18-52 - 18-70 Reserved, Division 3, Categorical Exemptions and Threshold Determinations 18-71 1872 ~ 18~72 +&-:74 18 - 73 18-74 Adoption of regulations. Timing. Categorical exemptions - Rules. Categorical exemptions - Flexible thresholds. Planned actions - Defmition and criteria. EXHIBIT~ PAGE ~ 'c)F~ 18-75 Ordinances or resolutions designation planned actions - Procedures for adoption, 18-76 Planned actions - Project review. ~ 18-77 Categorical exemptions - Determination. . -l-8-16 18-78 Threshold determination - Early review at conceptual level. +8-7+ 18-79 Threshold determination - Environmental checklist. 18-80 Threshold determination of non significance. ~ 18-81 Threshold determination - Mitigated determination of nonsignificance. 18-82 Optional DNS process. -l-8-19- 18-83 - 18-95 Reserved, Division 4. Environmental Impact Statement 18-96 Rules. 18-97 Preparation. 18-98 Other considerations. 18-99 Commenting. 18-100 - 18-115 Reserved. Division 5. Environmental Policy Statement 18-116 Definitions - Adoption by reference. . 18-117 Use of existing environmental documents. 18-118 Compliance with State Environmental Pol icy Act - Adoption by reference. 18-119 State Environmental Policy Act decisions - Adoption by reference, 18-120 State Environmental Policy Act decisions - Forwarding recommendations. 18-121 State Environmental Policy Act decisions - Substantive authority. 18-122 State Environmental Policy Act policies. 18-123 - 18-140 Reserved. Division 6. Environmentally Sensitive Areas 18-141 Designation of areas. 18-142 Portfolio Critical areas maps and inventories~ 18-143 Exemptions. ' 18-144 Treatment of proposals, 18-145 -18-160 Reserved. Division 1. Generally 18-26 Purpose and authority. The city adopts this policy under the State Environmental Policy Act (SEPA), RCW 43.21c.120, and the State Environmental Policy Act rules, Chapter 197-11 WAC. (Ord. No, 90-40, § 1(20.10), 2-27-90) 18-27 Adoption by reference. The city adopts by reference, as now existing or amended, the basic requirements of the Washington Administrative Code applying to the State Environmental Policy Act process as follows: (I) 197-11-040, Definitions. (2) 197-11-050, Lead agency. (3) 197-11-055, Timing of the State Environmental Policy Act process. FWCC - Chapter 18, Environmental Protection Page 2 EXHIBIT~ P AGE-LOF--ll- (4) 197-11-060, Content of environmental review. (5) 197-11-070, Limitations on action during State Environmental Policy Act process. (6) 197-11-080, Incomplete or unavailable infonnation. (7) 197-11-090, Supporting documents. (8) 197-11-100, Infonnation required of applicants. (Ord. No, 9040, § 1(20.20),227 90) (9) 197-11-158, GMA project review - Reliance on existing plans, laws, and regulations. (10) 197-11-164, Planned actions - Definition and criteria. (II) 197-11-168, Ordinances or resolutions designating planned actions - Procedures for adoption. (12) 197-11-172, Planned actions - Project review, (13) 197-11-210, SEPAIGMA integration. (14) 197-11-220, SEPAIGMA definitions. (15) 197-11-228, Overall SEP AlGMA integration procedures. (16) 197-11-230, Timing of an integrated GMAISEP A process. (17) 197-11-232, SEPAIGMA integration procedures for preliminary planning, environmental analysis, and expanded scoping. (18) 197-11-235, Documents. (19) 197-11-238, Monitoring. (Ord. No. 90-40, & 1(20.20),2-27-90) 18-28 Additional definitions. lit addition to those definitions contained within WAC 197-11-700 through 197-11-799 as now existing or amended, when used in this article the following tenus shall have these meanings, unless the content indicates otherwise: Critical AQquifer recharge area shall mean areas in which water reaches the zone of saturation by surface infiltration. These areas whieh--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, well head protection areas, and other areas with a critical recharging effect on aquifers used for potable water. Department shall mean any division, subdivision or organizational unit of the city ~stablished by ordinance, rule or order. ' Early notice shall mean the city's response to an applicant stating whether it considers issuance of a detenuination of significance likely for the applicant's proposal. Fish and wildlife habitat conservation area shall mean the management of land for maintaining speciesin suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. Habitat conservation areas include but are not limited to such areas as: (I) Areas with which endangered, threatened, and sensitive species have a primary association; (2) Habitats and species of local importance; (3) Commercial and recreational shellfish areas; (4) Kelp and eelgrass beds; herring and smelt spawning areas; (5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; (6) Waters of the state; (7) Lakes, ponds and streams planted with game fish by a governmental or tribal entity; (8) State natural area preserves and natural resource conservation areas; or (9) Streams. Frequently flooded area shall mean lands in the floodplain subject to a one percent or greater chance of flooding in any given year including but not limited to such areas as streams, lakes, coastal areas and wetlands. FWCC - Chapter 18, Environmental Protection Page 3 EXHIBIT---» PAGElf-OF ~ Geologically hazardous area shall mean areas, 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 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. S lopes 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 present, or which is underlain by mass wastage debris ofthat 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 V (unstable), DOS (unstable old slides), and VRS (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 of greater and with a vertical relief of 10 or more feet, a vertical rise often feet or more for every 25 feet of horizontal distance. A slope is delineated by established its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief. . Regulated lakes shall mean Wetlands #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 definitionof"regulated wetland" located around the margins of regulated lakes shall be considered regulated wetlands. . State Environmental Policy Act rules shall mean Chapter 197-11 WAC adopted by the Department of Ecology. Stream shall mean courses or routes, formed by nature, including those modified by man, and generally consisting of a channel with a bed, banks or sides throughout substantially all their 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. FWCC - Chapter 18, Environmental Protection Page 4 EXH IBIT--H , ' PAGEioF~ Wctla-nd shall mean those areas that are inundated or saturat-ed 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 saturat-ed soil conditiQhS, Wetlands generally include swamps, marshes, bogs and similar areas, with the exception of the follo'Niìfgareas shovm in the King County Wetlands Inventol)' Notebook, Volume 3 South: (1) Lower Puget Sound Beach; (2) LOYier Puget Sound I and 51; and (3) Areas defined as a "regulated lake" pursuant to Chapter 22 FWCc. Methodology in the Janual)' 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands, and subsequent United States Army Corps of Engineers regulatol)' guidance letters, will be used forregulatol)' delineations of','ictlands '""ithin the city. Wellhead capture zone shall mean 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) shall mean the sùrface 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 well(s) 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 #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. Although a site-specific wetland mav 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 bv 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 2500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria: I. 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." Working day shall mean a day upon which the city is open for business. Other references to days refer to calendar days. (Ord. No, 90-40, § 1(20.30),2-27-90; Ord. No. 91-105, § 5(20.30), 8-20-91) FWCC - Chapter 18, Environmental Protection Page 5 EXHIBIT~ PAGE~OF~ 18-29 Fonris - Adoption by reference. , The city adopts the following fonns and sections of Chapter 197-11 WAC by reference, as now existing or amended: (1) WAC 197-11-960, Environmental checklist. (2) WAC 197-11-965, Adoption notice. (3) WAC 197-11-970, Oetennination of nonsignificance (ONS). (4) WAC 197-11-980, Oetennination of significance and scoping (OS). (5) WAC 197-11-985, Notice of assumption of lead agency status. (6) WAC 197-11-990, Notice of action. (Ord. No. 90-40, § 1(20.300),2-27-90) 18-30 - 18-45 Reserved, Division 2. Administration 18-46 Designation of responsible official. (a) For those proposals for which the city is a lead agency, the responsible official shall be the director of the department of community development. The responsible official shall make the threshold detennination, supervise scopingand preparation of any required environmental impact statement, and perfonn any other functions assigned to the lead agency or responsible official by the State Environmental Policy Act rules. (b) The responsible official shall be responsible for the city's compliance with Chapter 197-11 WAC whenever the city is a consulted agency, and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and ine! ude data. from all appropriate departments of the city. (Ord. No. 90-40, § 1(20.40.10,20.40.20),2-27-90) 18-47 Lead agency determination and responsibilities. . (a) The responsible official, upon receiving an application for a nonexempt action or initiation by a city department of a nonexempt action, shall detennine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously detennined or the responsible official is aware that another department or agency is in the process of detennining the lead agency. . (b) When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the detennination of nonsignificance or the final environmental impact statement of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a detennination of nonsignificance or environmental impact statement in addition to that prepared by the lead agency unless the responsible official detennines a supplemental environmental review is necessary under WAC 197-11-600. (c) If the city, or any of its departments, receives a lead agency detennination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the detennination. Any objection must be made to the agency originally making the detennination or the city must petition the Department of Ecology for a lead agency detennination under WAC 197-11-946 within the IS-day time period. Any such petition on behalf of the city shall be initiated by the responsible, official. (d) The responsible official is authorized to make agreements as to lead agency status or shared lead agency's duties for a proposal under WAC 197-11-942 and 197-11-944. (e) The responsible official shall require sufficient infonnation from the applicant to identify other agencies with jurisdiction. . (0 Within 90 days of receipt of issuing a Letter of Completeness for the a completed application and environmental checklist, the responsible official shall make a threshold detennination~ or notify the FWCC - Chapter 18, Environmental Protection Page 6 EXHIBIT P,AGE 1 Il , ~< 2.Z-.-- A_, applicant that a determination of significance is likely and indicate the areas of likely impact. The applicant may request an additional3Q days for the issuance of the threshold determination by the responsible official, or for the responsible official to evaluate mitigation inèåsures proposed by the applicant. The responsible official shall grant such extension, if requested. A final determination shall be made within 90 days from the receipt ofthe applicant's response for additional information, unless the applicant requests an additional 30 days as provided in this section. (g) A "completed application" and environmental checklist is defined to be: (I) Answers to all checklist items; (2) All expanded environmental studies determined by the city to be required, whether provided by the city, another agency with jurisdiction and/or expertise, or by the applicant at the request ofthe city; (3) Text description and documents for nonproject action; (4) Master.land use application; (5) Self-addressed, stamped envelopes required pursuant to FWCC; (6) All requited filing fees. , (h) Within ;W 28 days of receipt of an application and an environmental checklist, the responsible official shall either: (l) Respond to the applicant in writing with a notification Letter of eÇompleteness or Incompleteness; or (2) Request in writing any additional information reasonably related to the responsible official's determination whether or not the pr~posal is likely to have significant adverse environmental impacts. (i) In the event applicant submits less than the complete information requested by the responsible official pursuant to subsection (h)( I ~ or (h)(2) of this section, the application shall not be considered complete. The responsible official may periodically request in '.'..riting the additional required information, G) Only at such time as applicamt submits to the city either the complete additional information requested pursuant to subsection (It) of this section, or a .."ritten response indicating the inability to provide it, the responsible official shall: (I) Issue a threshold determination within 90 days from receipt ofthe applicant's response of issuing a Letter of Completeness; or (2) Notify the applicant that a determination of significance is likely and indicate the areas of likely impact. f. final determination shall be made 'Nithin 90 days from the receipt of the applicant's response for additional information, unless the applicant requests an additional 30 days as provided in subsection (k) of this section. . (k) The applicant may request an aðditional30 days for thè issuance of the threshold determination by the responsible official, or for the responsible official toevaillate mitigation measures proposed by the applicant. The responsible official shall grant such cKtcnsion, if requested. (Ord, No. 90-40, § 1(20,50.10- 20.50,50),2-27-90; Ord. No. 93-192, § 1, 11-9-93) , 18-48 Fees, (a) The city shall establish fees for its activities in accordance with the provisions of this chapter: (I) Threshold determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of fees. (2) Environmental impact statement. a, When the city is the ~ead agency for a proposal requiring an environmental impact statement and the responsible official determines that the environmental impact statement shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the environmental impact statement. The responsible official shall advise the applicant of the projected costs for the environmental impact statement prior to actual preparation. FWCC - Chapter 18, Environmental Protection Page 7 EXH' B IT ---Ø PAGE-'-.'tj~~ . ~ b. The responsible official may detennine that the city wUl contract directly with a consultant for preparation of an environmental impact statement, or a portion of the environmental impact statement, for activities initiated by some persons or an entity other than the city and may bill such costs incurred including overhead directly to ~e applicant. Such consultants shall be selected by the city. c. The applicant shalÍ pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the environmental impact statement. If the city's costs exceed the projected costs, the applicant shall immediately pay the excess, and the city is not obligated to proceed until the monies have been received. If a proposal is modified so that an environmental impact statement is no longer required, the responsible official shall refund any fees collected under subsection (a)(I) or (a)(2) of this section which remain after incurred costs, including overhead are paid. . (3) Appeals. All appeals shall be accompanied by a nonrefundable appeal fee. (b) The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this article relating to the applicant's proposal. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document in a manner provided by state law. (Ord. No. 90-40, § 1 (20.290.10 - 20.290.30), 2-27-90) . '18-49 Public notice. (a) The city shall give public notice for project-related actions as follows: (1) Notices will be posted at the City Hall on each ofthe official public notification boards ofthe ~and public libraryies, published in a newspaper of general circulation in the city, posted prominently on the site and mailed to all owners of real property as shown in the records of the county assessor and-all o'ccupaats of real property located within 300 feet of the site and any interested party or agency who has filed its name directly with the responsible official or as part of a public hearing or scoping process for the following situations: . a. When the responsible official issues a detennination of nonsignificance, optional detennination of nonsilmificance, or mitigåteddetennination of nonsignificance; b. When an appeal had been filed related to a threshold detennination as provided in this article; c. A draft environmental impact statement is available for public review and comment. (2) In addition to the requirements of subsection (a)( 1) of this section, notices will be mailed to all owners of real property as shown in the records of the county assessor and all occupants of real property located within 600 feet of a proposed project~related action for the following situations: a. When the city commences scoping; b. Wheneverthe ci,ty,holds a public hearing as required by WAC 197-11-535. (b) Notice of public hearing shaftbèf~~~edno later than ;W 14 days before a public hearing, ( c) Notice of a threshold detenninatlon or environmental impact statement hearing on nonproject proposals shall be published in a newspaper of general circulation in the city, mailed to interested parties or agencies who have registered with the city, and posted in the City Hall and library, (d) The responsible official shall maintain a public list of all State Environmental Policy Act actions known as the "city of Federal Way State Environmental Policy Act Register." The register shall be available for public inspection during nonnal working hours. The register will be revised'Neekl)' as needed and the responsible official will mail copies to any person who has made a request and paid in advance a fee based on the cost of reproducing and mailing. The requirements of this subsection are not mandated by state regulations but will be provided by the city as voluntary extra notice. Failure to provide this notice shall not affect the validity of any action or proceeding related to the State Environmental Policy Act. (e) The responsible official shall maintain a public list of the names of parties or agencies who have indicated interest in receiving public notices related to any State Environmental Policy Act procedures. FWCC - Chapter 18, Environmental Protection Page 8 EXHIBIT--1I G d ',,')\= ft. PA E~--- ..,_.~ (t) The city may require an applicant to compensate the city for costs of compliance with the public notice requirements for the applicant's proposal or to provide addressed lists and addressed, stamped envelopes, unless that requirement is waived by the responsible official. (Ord. No, 90-40, § 1(20.180.10- 20.180.60),2-27-90) 18-50 Notice - Statute of limitations. The city, applicant or proponent may publish a notice of action as provided by RCW 43.21c.080 for any final action taken under the provisions of this article. The fonu of the notice shall be substantially in the fonn provided in WAC 197-11-990. (Ord. No. 90-40, § 1(20.250),2-27-90) 18-51 Administrative appeals. (a) Any interested party may appe!ll to the hearing examiner a threshold detenuination, or the adequacy of a final environmental iQ1pact statement and conditioning or denial of an action except as provided in subsection (b) of this section. The appeal snail be conducted under the provisions of process N, FWCC 22-431 et seq.; provided, that the notice distribution requirements of FWCC 22-436(b)ffi shall be replaced with the notice distribution requirements of FWCC 18-49(a) - (t). (b) .^"ny governmental action not requiring a legislative decision that is conditioned or denied by a nonelected city official shall be appealed directly to the city council as provided by RCW 13.21c.060. Appeal procedures shall be conduct~d under the provisions of WAC 197-11-680(3). Appeals are subject to the restrictions in RCW 36.708.0?Oand 36.708.060 that local governments provide no more than one open record hearingand one closed record appeal for penuit decisions. (c) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion ofthe giving of required notices, whichever is longer. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in elTor. (d) All relevant evidence shall be received during the appeal and the decision shall be made de novo. The detenuination by the city's responsible official shall cany substantial weight in any appeal proceeding. (e) The decision of the hearing examiner on an appeal filed under this section shall be final. (t) Appeals of the hearing examiner's final decision shall first be to the city council as provided in process N, FWCC 22-431 et seq. (g) For any appeal under this section, the city shall provide for a record that shall consist of the following: (1) Findings and conclusions; (2) Testimony under oath; and (3) A taped or written transcript. . (h) Upon filing an appeal to the city councilor a judicial appeal, any certified copies or written transcripts required for such shall be prepared by the city at the expense ofthe appellant, subject to possible reimbursement of transcript preparation costs as provided in FWCC 22-446. (Ord. No. 90-40, § 1(20.240.10 - 20.240.70),2-27-90; Ord, No. 92-133, § 4, 4-21-92; Oed. No. 93-185, § 1,8-17-93; Oed. No. 97-291, § 3,4-1-97) 18-52 - 18-70 Reserved. Division 3. Categorical Exemptions and Threshold Determinations 18-71 Adoption of regulations. The city adopts the following sections of Chapter 197-11 WAC as now existing or amended, by reference: (I) 197-11-300, Purpose of1his part. (2) 197-11-305, Categorical exemptions. fWCC - Chapter 18, Environmental Protection Page 9 (3) 197-11-310; Threshold determination required. (4) 197-11-315, Environmental checklist. (5) 197-11-330, Threshold determination process. (6) 197-11-335, Additional information. (7) 197-11-340, Determination of nonsignificance (DNS). (8) 197-11-350, Mitigation determination of nonsignificance. (9) 197-11-360, Determination of significance (DS/initiation of scoping). (10) 197-11-390, Effect of threshold determination. (Ord. No. 90-40, § 1(20.60),2-27-90) EXHIBIT_lf PAGE.JJLtjE~ 18 n Timing. (a) Time estimates, The time estimates contained in this section apply when the city processes licenses, as defined by WAC 197 11 760, permits or approvals for priyate projects, aad aay governmeatal proposals submitted to the respoasible official by other agencies or departmeats. The actual time may vary with the complexity ofthe project, cooperation of consulting agencies, a"lailability of staff, etc., and time estimates shall not be construed to be mandatory, . (b) Categorical exemptions. The city will normally identify whether an oction is categorically exempt within fi'le working days of the date an applicant's complete application and checklist are submitted. (c) Threshold determinations. The city will normally complete threshold determinations within the designated number of days after receipt of a complete application and checklist as follows: (1) When the threshold determination is based solely on revie\'l of the environmental checklist: 15 workiRg days. (2) WheR further information is requested from applicant or consukiRg agene)': a. IRrormation will be requested within 15 workiag days. b. The city vlÌll normally 'Nait no longer than 30 working days fDr a consulted agency to respond. c. The responsible offioial will normally complete the threshold determination within 15 "'lorkiRg days of receiving the requested iRformation. (d) Initiation of further studies or field investigations. :\dditional studies ',ViII Ronnally be completed withiR 30 working days. ' (e) Applieant recommends in ',vriting that environmeRtal impaet statement be prepared, Threshold determiaation will normally be completed ',"lith in 15 workiag days. (0 Response to request for early notice. The response viÌll normally be completed ',>,'ithin 1O ..vorking days of receit>t of request, and the threshold det.ermination within 15 working days of receipt of the clarified proposal, environriiental cheeklist and/or permit application. (Oni. No. 9Q 4O, § 1(20.70.10 20.70.60),2 27 90) ~ 18-72 Categorical exemptions - Rules. The city adopts by reference the following rules for categorical exemptions in Chapter 197-11 WAC, as now existing or amended: (1) 197-11-800, Categorical exemptions. (2) 197-11-880, Emergencies. (3) 197-11-890, Petitioning State Department of Ecology to change exemptions, (Ord. No. 90-40, § 1(20.80),2-27-90) . 4-8-+418-73 Categorical exemptions - Flexible thresholds. (a) The city establishes the following exempt levels for minor new construction defined in WAC 197- 11-800(lXb) based on local conditions: (I) For residential structures up to four dwelling units. (2) For agricultural structures covering up to 10,000 square feet. (3) For office, commercial, recreational, service or storage buildings up to 4,000 square feet gross floor area, and up to 20 parking spaces. FWCC - Chapter 18, Environmental Protection Page to (4) For parking lots ~p to 20 parking spaces. (5) For landfills and excavations up to 500 cubic yards. (b) Whenever the city establishes new exempt levels under this section, it shall send them to the State Department of Ecology as required by WAC 197-11-800(l)(c). (Ord, No. 90-40, § 1(20,90.10,20,90.20),2- 27-90) . EXHIBITJ. . PAGEJ1-_0F~ 18-74, Planned actions - Definition and criteria, (1) A planned action means one or more types of project action that: (a) Are designated planned actions by an ordinance or resolution adopted by the city; (b) Have had the significant environmental impactS adequately addressed in an EIS prepared in conjunction with: . (i) A comprehensive plan or subarea plan adopted under chapter 36.70A RCW; or (ii) A fully contained community, a master planned resort:. a master planned development, or a phased project; (c) Are subsequent or implelfOenting projects for the proposals listed in (b) ofthis subsection~ (d) Are located within an ur~an growth area. as defined in RCW 36.70A.030, or are located within a master planned resort~ (e) Are not essential public facilities, as defined in RCW 36.70A.200; and (0 Are consistent with a comprehensive plan adopted under chapter 36.70A RCW. (2) The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than its jurisdictional boundaries. (3) The city mav limit a planned action to a time period identified in the EIS or the designating ordinance or resolution adopted under FWCC 18-76 18-75. Ordinances or resolutions desienatine planned actions - Procedures for adoption. (1) The city must designate a planned action by ordinance or resolution. Public notice and opportunity for public comment shall be provided as part of the agency's process for adopting the ordinance or resolution. (2) The ordinance or resolution: (a) Shall describe the type(s) of project action being desi~nated as a planned action: (b) Shall describe how the planned action meets the criteria in FWCC 18-74 (including specific reference to the EIS that addresses any significant environmental impacts of the planned action); (c) Shall include a finding that the environmental impacts of the planned action have been identified and adequately addressed in the EIS, subject to project review under FWCC 18- 76~ and (d) Should identify any spec~fic mitigation measures other than applicable development regulations that must be applied to a project for it to qualify as the planned action. (3) I£the city has not limited the planned action to a specific time period identified in the EIS, it may do so in the ordinance or resolution designating the planned action. (4) The city is encouraged to provide a periodic review and update procedure for the planned action to monitor implementation and consider changes as warranted, 18-76. Planned actions - Project review. (1 ) Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects. A project proposed as a planned action must qualify as the planned action designated in the planned action ordinance or resolution, and must meet the statutory criteria for a planned action in RCW 43.21 C,031. Planned action project review shall include: (a) Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in, the designating ordinance or resolution: and (b) Verification that the probable significant adverse environmental impacts of the project have been adequately addressed in the EIS prepared under FWCC 18-74(1 )(b) through review of an FWCC - Chapter 18, Environmental Protection Page II EXHIBIT U PAGE-A-bF-U- environmental checklist or other project review fonn as specified in WAC 197-11-315. filed with the project application. . (2)(a) If the project meets the requirements of subsection (1) of this section. the project shall qualify as the planned action designated by the city. and a project threshold detennination or EIS is not required. Nothing inthis section limits the city from using this chapter or other applicable law to place conditions on the project in order to mitigate nonsignificant impacts through the nonnallocal project review and permitting process. - (b) If the project does not meet the requirements of subsection (1) of this section. the project is not a planned action and a threshold detennination is required. In conducting the additional environmental review under this chapter. the lead agency may use infonnation in existing environmental documents, including the EIS used to designate the planned action (refer to WAC 197-11-330 (2)(a) and 197-11-600 through 197-11-635). If an EIS or SEIS is prepared on the proposed "rojee!. its scope is limited to those probable significant adverse environmental impacts that were not adequately addressed in theElS used to designate the planned action. (3) Public notice for projects that qualify as planned actions shall be tied to the underlying pennit. If notice is otherwise required for the underlying pennit. the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit. no special notice is required. However. the city is encouraged to provide some fonn of public notice as deemed appropriate. -18-+S 18.,.77 Categorical exemptions - Determination, (a) When the city receives an application for a license or a city department initiates a proposal, the responsible official shall detennine whether the license or proposal is exempt. The determination of exemption shall be final and not subject to administrative review. The procedural requirements of this article shall not apply to proposals or licenses which are detennined to be exempt, nor shall an environmental checklist be required to be completed. (b) In detennining whether a proposal is exempt the responsible official shall make certain the proposal is properly defined and shall identify the governmental license required. Ifthe proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency for the nonexempt action. (c) If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to completion of the procedural requirements of this article, except that: (I) The city shall not give authorization for any action that is nonexempt, any action that would have an adverse environmental effect, or any action that would limit the choice of reasonable alternatives; (2) The city may withhold approval of an exempt action that would lead to modifications of the physical environment serving no purpose if the nonexempt actions were not approved; (3) The city may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. (Ord. No. 90-40, § 1(20.100.10 - 20.100.30),2-27-90) 1-8-+6 18-78 Threshold determination - Early review at conceptual level. (a) When the city's only action on a proposal is a decision on a building permitor other permit that requires detailed project plans and specifications, the applicant may request in writing that the city conduct an environmental review prior to submission of the plans and specifications. In addition to the required environmental documents, the applicant shall submit any additional infonnation as determined by the responsible official. (b) An applicant may request in writing early notice of whether a detennination of significance (OS) is likely under the following conditions: (I) The request shall precede the city's actual threshold detennination for the proposal; (2) The proposal is sufficiently definite to allow meaningful environmental analysis; FWCC -Chapter 18, Environmental Protection Page 12 EXHIBIT--JJ . PAGEA'OF -2..L .,".c:::: ,- - (3) Adequate infonnation is available on the proposèd action and potential environmental impacts to make a threshold detennination; (4) The responsible official may require that additional infonnation be submitted prior to responding to the request for early notice. (c) The responsible official's response to the request for early notice may: (I) State whether the city currently considers issuance of a detennination of significance likely and, if so, indicate the general or specific areas of concern that are leading the city to consider a detennination of significance and whether any additional infonnation is needed. The responsible official may also indicate that with the approval of the applicant, a detennination of significance would be issued and scoping initiated. (2) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or proposal as necessary to reflect the changes or clarifications. (d) The city's written response to a request for early notice shall not be construed as a detennination of significance or nonsignificance. Preliminary discussion of clarifications of or changes to a proposal shall not bind the city to consider the clarification or changes in its threshold detennination. (Ord. No. 90- 4O, § 1(20.110.10 - 20.1l0.40), 2-27-90) t8-++ 18-79 Threshold determination - Environmental checklist. (a) A completed environmental checklist shall be filed at the same time as an application for a pennit, license, certificate or other approval not exempted by this chgpter unless the city and applicant agree that an environmental impact statement is required, or State Environmental Policy Act compliance has been completed or initiated by another agency. The checklist shall be in the Conn of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4). (b) For private proposals, the applicant nonnally shall be required to complete the environmental checklist, although the city may decide to complete all or part of the checklist if the following occurs: (l) The city has technical infonnation that is unavailable to the private applicant; (2) The applicant has provided inaccurate infonnation on previous òr current proposals. (Ord. No. 90-40, § 1(20.120,10,20.120.20),2-27-90) 18-80 Threshold determination of nonsi2:nificance. (l) If the responsible official detennines there will be no probable significant adverse environmental impacts from a proposal. the lead agency shall prepare and issue a detennination of nonsignificance (DNS) substantially in the fonn provided in WAC '197-11-970. If an agency adopts another environmental document in support of a threshold detennination. the notice of adoption (WAC 197-11- 965) and the DNS shaH be combined or attached to each other. (2) When a DNS is issued for any of the proposals listed in (2)(a). the requirements in this subsection shall be met. The requirements of this subsection do not apply to a DNS issued when the optional DNS process in FWCC 18-82 is used. ' (a) An agency shall not act upon a proposal for fourteen days after the date of issuance of a DNS i[the proposal involves: (i) Another agency with jurisdiction: (ii) Demolition of any structure or facility not exempted by WAC I 97-11-800 (2)(f) or 197- 11-880; (iii) Issuance of clearing or grading penn its not exempted in Part Nine of these rules: (iv) A DNS under WAC 197-11-350 (2), (3) or 197-11-360(4); or (v) A GMA action. FWCC - Chapter 18, Environmental Protection Pagel3 EXHIBIT_lI n PAGE~OF~ (b) The responsible official shall send the DNS and environmental checklist to agencies with jurisdictiôtf, the department of ecology. and affected tribes. and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal. and shall give -r ' notice under FWCC 18-49. - (c) Any person. affected tribe. or agency may submit comments to the lead agency within fourteen days of the date of issuance of the DNS. - (d) The date of issue for the DNS is the date the DNS is sent to the department of ecology and agencies with jurisdiction and is made publicly available. (e) An agency with jurisdiction may assume lead agency status only, within this fourteen-day period (WAC 197-1 1-948), (f) The responsible official shall reconsider the DNS based on timely comments and may retain or - modify the DNS or. if the responsible official determines that significant adverse impacts are likely. withdraw the DNS or supporting documents. When a DNS is modified. the lead agency shall send the modified DNS to agencies with jurisdiction. O)(a) The lead agenèy shall withdraw a DNS if: (i) There are substantial changes to a proposal so that the proposal is likely to have significant adverse environmental impacts: ' (ii) There is significant new information indicating. or on. a proposal's probable significant adverse environmental impacts: or (iii) The DNS was procured by misrepresentation or lack of material disclosure: if such DNS ' resulted from the actions of an applicant. any subsequent environmental checklist on the proposal shall be prepared directly by the lead agency or its consultant at the expense of the applicant. . (b) Subsection O)(a)(ii) shall not apply when a nonexempt license has been issued on a private project. (c) If the lead agency withdraws a DNS. the agency shall make a new threshold determination and notify other agencies with jurisdiction of the withdrawal and new threshold determination. If a DS is issued. each agency with jurisdiction shall commence action to suspend. modify. or revoke any approvals until the necessary environmental.review has occurred (see also WAC 197-11-070). -- t8-+8 18-81 Threshold determination - Mitigated determination of nonsignificance. (a) The responsible official may issue a determination of non significance based on mitigating conditions attached to the proposal by the responsible official or on changes or clarifications proposed by the applicant. When an applicant submits a changed or clarified proposal with a revised checklist, the city shall base its threshold determination on the changed or clarified proposal as follows: - (l) If the city indicated specific mitigation measures in response to the request for early notice, and the applicant included those measures, the city shall issue a determination of nonsignificance if no additional information or mitigation is required. (2) If the city indicated areas of concern, but did not indicate specific mitigation measures, the city shall issue a determination of nonsignificance or determination of significance as appropriate. (3) The applicant's proposed clarification, changes, mitigations or other conditions must be specific and presented in writing. (b) Mitigation measures justifying issuance of a mitigated determination of nonsignificance may be incorporated in the determination of nonsignificance by reference to agency staff reports, studies or other documents. ' ( c) Mitigation measures incorporated in the mitigated determination of nonsignificance shall be conditions of approval of the permit and may be enforced in the same manner as any conditions of the permit, or any other manner as prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued, (d) The city shall not act upon a proposal for which a mitigated determination of nonsignificance has been issued until the appeal period has expired. FWCC -Chapter (8, Environmental Protection Page 14 EXHIBIT_!I p AGE~'~)F-U- -'--~ (e) If the city's tentative decision on a pennit or approval does not include mitigation measures that were incorporated in a mitigated detennination of nonsignificance for the proposal, the city should evaluate the threshold detennination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a detennination of nonsignificance. (Ord, No. 90-40, § 1(20.130.10 - 20.130.50),2-27-90) 18-82 Optional DNS process. (I) If the city has a reasonable basis for detennining significant adverse environmental impacts are unlikely, it may use a single integrated comment period to obtain comments on the notice of application' and the likely threshold detennination for the proposal. If this process is used, a second comment period will typically not be required when the DNS is issued (refer to subsection (4) of this section). (2) If the lead agency uses the optional process specified in subsection (1) of this section. the lead agency shall: (a) State on the first page of the notice of application that it expects to issue a DNS for the proposaL and that: (i) The optional DNS process is being used: (ii) This may be the only opportunity to comment on the environmental impacts of the proposal: (iii) The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and' (iv) A copy of the subsequent threshold detennination for the specific proposal may be obtained upon request (in addition. the lead agency may choose to maintain a general mailing list for threshold detennination distribution). (b) List in the notice of application the conditions being considered to mitigate environmental impacts. if a mitigated DNS is expected: (c) Comply with the requirements for a notice of application and public notice in FWCC 18-49: and (d) Send the notice of application and environmental checklist to: (i) Agencies with jurisdiction, the department of ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal: and (ii) Anyone requesting a copy of the environmental checklist for the specific proposal (in addition. the lead agency may choose to maintain a general mailing list for checklist distribution). (3) If the lead agency indicates on the notice of application that a DNS is likely, an agenèy with jurisdiction may assume lead agency status during the comment period on the notice of application (WAC 197-11-948).. '. . (4) The responsible official shall. consider timely comments on the notice of application and either: (a) Issue a DNS or mitigated DNS with no comment period using the procedures in subsection (5) of this section; , (b) Issue a ONS or mitigated DNS with a comment period using the procedures in subsection (5) of this section, if the lead agency detennines a comment period is necessary~ (c) Issue a OS; or (d) Require additional infonnation or studies prior to making a threshold detennination. (5) If a DNS or mitigated ONS is issued under subsection (4)( a) of this section. the lead agency shall send a copy of the DNS or mitigated DNS to the department of ecology. agencies with jurisdiction, those who commented, and anyone requesting a COPy. A copy of the environmental checklist need not be recirculated. 18-+9 18-83 - 18-95 Reserved. FWCC - Chapter 18, Environmental Protection Page 15 EXHIBITJ - PAGE.~t'1~__~ Division 4. Environmental Impact Statement 18-96 Rules. . The city adopts by reference th~ following sections. of Chapter 197-11 WAC, as now existing or amended: (I) 197-11-400, Purpose of environmental impact statement. (2) 197-11-402, General requirements, (3) 197-11-405, Environmental impaCt statement types. (4) 197-11-406, Environmental impact statement timing. (5) 197-11-408, Scoping. (6) 197-11-410, Expanded scoping. (7) 197-11-420, Environmental impact statement preparation. (8) 197-11-425, Style and size. (9) 197-11-430, Format. (10) 197-11-435, Cover letter or memo. (11) 197-11-440, Environmental impact statement contents. (12) 197-11-442, Contents of environmental impact statement on nonproject proposals. (13) 197-11-443, Environmental impact statement contents when prior nonproiect environmental impact statement. (14) 197-11-444, Elements of the environment, (15) 197-11-448, Relationship of environmental impact statement to other considerations. (16) 197-11-450, Cost-Ixmefit analysis. (17) 197-11-455, Issuance of determination of environmental impact statement. (18) 197-11-460, Issuance of final environmental impact statement. (Ord. No, 90-40, § I (20.140),2- 27-90) 18-97 Preparation. (a) Preparation of environmental.impact statements, supplemental environmental impact statements, and other environmental documentation shall be under the direction of the responsible official. The documents may be prepared by the city staff, or by a consultant approved and directed by the city, but will be paid for by the applicant. A consultant preparing or subconsultant participating in the preparation of an environmental impact statement may not subsequently work for the proponent of the proposed project. The responsible official shall notify the applicant of the city's procedure for environmental impact statement preparation, including review, approval and distribution of the draft and final environmental impact statement. (b) The city may require an applicant to provide information the city does not possess, including specific investigations relating to elements of the environment. The applicant is not required to supply information not required under this chapter, or that is requested from another agency, provided this does not apply to information requested under another statute or ordinance. (c) Before the city issues a preliminary or final environmental impact statement, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. (Ord, No. 90-40, § 1(20.150.10 - 20,150.30),2-27-90) 18-98 Other considerations. As defined in WAC 197-11-448, the following information may be part of the existing environment for purposes of content, but will not be considered as elements ofthe environment requiring discussion in the environmental impact statement or as criteria for threshold determinations: (I) Finance and economics. (2) Social policy. (3) Cost-benefit analysis. FWCC-Chapter 18, Environmental Protection Page 16 EXH\B\TJ " P AGEjj-~)t~ (4) Nonconstruction aspects of education and communications. (Ord, Nø. 90-40, § 1(20.160), 2-27- 90) 18-99 Commenting. The city adopts the following sections of Chapter 197-11 WAC as now existing or amended by reference: (I) 197-11-500, Purpose of this part. (2) 197-11-502, Inviting comment. (3) 197-11-504, Availability and cost of environmental documents, (4) 197-11-508, State Environmental Policy Act register. (5) 197-11-535, Public hearings and meetings, (6) 197-11-545, Effect ofnò comment. (7) 197-11-550, Specificity of comments. (8) 197-11-560, Final environmental impact statement response to comments, (9) 197-11-570, Consulted agency costs to assist lead agency. (Ord. No. 90-40, § 1(20.170),2-27-90) 18~100 -18-115 Reserved. Division 5. Environmental Policy Statement 18-116 Definitions - Adoption by reference. The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or amended, and as supplemented in this chapter: (I) 197-11-700, Definitions. (2) 197-11-702, Act. (3) 197-11-704, Action. (4) 197-11-706, Addendum. (5) 197-11-708, Adoption. (6) 197-11-710, Affected tribe. (7) 197-11-712, Affecting. (8) 197-11-714, Agency. (9) 197-11-716, Applicant. (l0) 197-11-718, Built environment. (II) 197-11-720, Categorical exemption. (12) 197-11-721, Closed record appeal. ~ 11197-11-722, Consolidated appeal. fl-Jj 11 197-11-724, Consulted agency, (I5) 197-11-726, Cost-benefit analysis. fl41 Q§} 197-11-728, County/city. ~ ill) 197-11-730, Decision maker. (16) @ 197-11-732, Department. f-l-11 Q2l197-ll- 734, Detennination of nonsignificance. fl--8j 00197-11-736, Detennination of significance. tl-9j QllI97-11- 738, Environmental impact statement. fW) @197-11-740, Environment. ~ Q1l197-11-742, Environmental checklist. ~ (lli197-11-744, Environmental document. ~ (ill197 -11- 7 46, Environmental review. (24) 197 II 7-18, Environmentally sensitive areas. ~ ~197-11-750, Expanded scoring. --""- FWCC - Chapter 18, Environmental Protection Page 17 , ' fMj í11l197-11-752, Impacts. tFA (28) 197-11-754, Incorporation by reference. ~ @l197-11-756, Lands covered by water. ~ QQlI97-11~758, Lead agency. ~ QJlI97-11-760, License. ~ Q1l.197-11-762, Local agency. ~ Q1l197-11-764, Major action. AA Q1l197-11-766, Mitigated determination of non significance. ~ illl..197 -11- 7 68, Mitigation. ~ Q.§L197-11-770, Natural environment. ß-éj (ll197-11-772, National Environmental Protection Agency. ~ QID..197-11-774, Nonproject 09) 197-11-775. Open record hearing. ~ GQLI97-11-776,Phased review. Ø9j G11197-11-778, Preparation. f4Q1(lli197-11..780, Private project. (4-B (1Jl197-11-782, Probable. ~ G1l197-11-784, ProposaL ~ (121197-11-786, Reasonable alternative. (4-4j {12l197-11-788, Responsible officiaL ~ ß1l197-11-790, State Environmental Policy Act. ~ (lli197-11-792, Scope. f4-1j {12L197-11-793, Scoping. t4&j ŒQl.197-11-794, Significant. (49j ŒllI97-11-796, State agency. fW1 Œn.197-11-797, Threshold determination. ~ (21l197-11-799, Underlying governmental action. (Ord. No, 90-40, § 1(20.260),2-27-90) EXHIBIT~ , P AGElI-OF--U- 18-117 Use of existing environmental documents. The city adopts the following sections of Chapter 197-11 WAC as now existing or amended by reference: (1) 197-11-600, When to use existing environmental documents. (2) 197-11-6~0, Use ofNEPA documents. (3) 197-11-620, Supplemental environmental impact statements - Procedures. (4) 197-11-625, Addenda - Procedures. (5) 197-11-630, Adoption - Procedures. (6) 197-11-635, Incorporation by reference -Procedures. (7) 197-11-640, Combining documents. (Ord, No, 90-40, § 1(20.190),2-27-90) 18-118 Compliance with State Environmental Policy Act - Adoption by reference. The city adopts by reference the following sections ofChilpter 197-11 WAC as now existing or amended, and as supplemented in this chapter: ' (1) 197-11-900, Purpose of this part, (2) 197-11-902, Agency State Environmental Policy Act policies. (3) 197-11-916, Application to ongoing actions. . (4) 197-11-920, Agencies with environmental expertise. (5) 197-11-922, Lead agency rules. (6) 197-11-924, Determining the lead agency. (7) 197-11-926, Lead agency for governmental proposals. (8) 197-11-928, Lead agency for public and private proposals. FWCC - Chapter 18, Environmental Protection Page 18 EXHIBIT-U : PAGE.1!-OF~ (9) 197-11-930, Lead agency for private projects with one agency with jurisdiction. (10) 197-11-932, Lead agency for privateprojects requiring licenses from more than one agency... when one of the agencies is a county/city. . (II) 197-11-934, Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies. (12) 197-11-936, Lead agency for private projects requiring licenses from more than one state agency. (13) 197-11-938, Lead agencies for specific proposals. (14) 197-11-940, Transfer of lead agency status to a state agency. (15) 197-11-942, Agreements on lead agency status. (16) 197-11-944, Agreements on division of lead agency duties. (17) 197-11-946, Department of Ecology resolution of lead agency disputes. (18) 197-11-948, Assumption of lead agency status. (Ord. No. 90-40, § 1(20.270),2-27-90) 18-119 State Environmental Policy Act decisions - Adoption by reference. The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or amended: (I) 197-11-650, Purpose of this part. (2) 197-11-655, Implementation. (3) 197-11-660, Substantive authority and mitigation. (4) 197-11-680, Appeals. (Ord. No. 90-40, § 1(20.200),2-27-90) 18-120 State Environmental Policy Act decisions - ForWarding recommendations. For nonexempt proposals, any detennination of nonsignificance or mitigated detennination of nonsignificance or completed draft and final environmental impact statement for the proposal shall accompany the city staff's recommendation to any appropriate advisory body such as the planning commission, or to the hearing examiner or city counciL (Ord. No. 90-40, § 1(20.210),2-27-90) 18-121 State Environmental Policy Act decisions - Substantive authority. (a) The city may attach conditions to a penn it or approval for a proposal so long as: (I) Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared under this chapter; - (2) Such conditions are in writing; (3) Such conditions are reasonabLe and capable of being accomplished; (4) The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and (5) Such conditions are based on one or more policies in FWCC 18-122 and are cited in the penn it, approval, license or other decision document. (b) The city may deny a permit or approval for a proposal on the basis of State Environmental Policy , Act so long as: (I) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final environmental impact statement or final supplemental environmental impact statement; (2) A finding is made that reasonable mitigation measures are insufficient to mitigate an identified impact; and (3) The denial is based on one or more policies identified in FWCC 18-122 and identified in writing in the decision document. (Ord. No, 90-40, § 1(20.220.10,20.220.20),2-27-90) FWCC - Chapter 18, Environmental Protection Page 19 18-122 State Environmental Policy Act policies. (a) The policies and goals set forth in this article are supplementary to those in the existing . authorization of the city. (b) The city designates and adopts by reference the policies in this section as the basis for the city's exercise of authority under this article. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: (I) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) Assure for all people of Washington safe, healthful, productive, and aesthetically and çulturaUy pleasing suIToundings; (3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences; (4) Preserve important historic, cultural, and natural aspects of our national heritage; (5) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; (6) Achieve a balance between population and resource use which will pennit high standards of living and a wide sharing of life's amenities; and (7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources. . (c) The city recognizes that each person has a fundamental and inaliemible right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. (d) The city adopts by reference the following city codes, ordinances, resolutions, plans and policies as now exist or as may hereinafter be amended or superseded: (I) The Federal Way Comprehensive Plan; (2) The Federal Way City Code and documents adopted by reference therein, including without limitation the following chapters: . a. Zoning (Chapter 22 FWCC) and the official zoning map; b, Subdivisions (Chapter 20 FWCC); c. Surface and Stonnwater Management (Chapter 21 FWCC); d, Shoreline Regulation and the Shoreline Management Master Program (Chapter 18 FWCC); EXHIBIT~ PAGE~OE_~ aRå e. Methods to Mitigate Development Impacts (Chapter 19 FWCC); and f. Solid Waste (Chapter 12 FWCC) (3) The Shoreline Management Guide Book (DOE); (4) The Washington State Flood Reduction Plan (1993 DCD); (5) Ordinances relating to Surface Water Runoff; Ordinance 1'10.90 31 and Surface Water Management, Ordinance No. 90 32; (6) The 1999/2000 Lakehaven Utility District Comprehensive Sewer System Plan Update; (7) The -l-99-9 Lakehaven Utility District Comprehensive Water System Plan Update; (8) The Federal Way Comprehensive Parks, Recreation, and Open Space Cultural Services Plan Plan; (9) The King County Fire Protection District Number 39 Federal Way Fire Department Long Range Plan; (10) The Federal Way School District Number 210 Capital Facilities Plan; (II) The Code of the King County Board of Health; (12) The Federal Way Solid 'Haste Management Plan; (13) The Federal Way Recycle Plan; (14) The Federal Way Transportation Improvement Plan; FWCC - Chapter 18, Environmental Protection Page 20 EXHIBIT~ PAG~~~1E~ (15) The Federal Way Hazaf1dous Waste Management Plan; . fUtj (U) The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King County Surface Water Management, July 1991; (17) The Federal Way Private Utility Element; f-l-8) Ql} The King County County- Wide Planning Policies, to the extent currently adopted by the Federal Way city council, and as may be adopted hereafter; f-l-9) QÐ The ~ 2001 King County Final Comprehensive Solid Waste Management Plan,as--it no'?' exists or may hereafter be amended; ~(ill The Federal Way Comprehensive Surface Water Management Plan; (21) The Guide to Conducting Wetland Inventories (DOE); ~ {l§} Washington State Shoreline Management Act of 1971; (23) The Standard Specification for Construction of TraÏis (Forest Service 1981); (M1 Q1) The Puget Sound Water Quality Management Plan; ~ (lID The King County Division of Parks and Recreation Play Area Design and Inspection Handbook; ~ Q21 The Sea-Tac International Airport Impact Mitigation Study, February 1997, prepared by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services, Inc., under a grant from the state of Washington; ~ (20) The Washington State Department of Transportation Pavement Guide, February 1995; ~ a.u The Highway Capacity Manual, Special Report 209, Transportation Research Board, 1997 ; ~ (22) The Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991; ~ @ The +99& King County Surface Water Design Manual; (KCSWDM) and the Federal Way Addendum to the KCSWDM; ø-B (24) The Stonnwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology, February 1992 August 2001; ~ @ The King County Stonnwater Pollution Control Manual and Best Management Practices (EMP manual); and (26) The January 2002 URS Federal Way Stream Inventory: and ~ Planning documents not specifically listed above but referenced in the environmental analysis of the city's comprehensive plan. (Ord- No. 90-40, § 1(20.230.10,20,230,20),2-27-90; Ord. No. 91- 109, § 2, 9-17-91; Ord. No. 91-114, § 3,12-3-91; Ord. No. 92-130, § 3, 3-17-92; Ord. No. 92-136, § 3, 4-21-92; Ord. No, 92-137, § 1,5-5-92; Ord. No, 92-140, § 3,6-2-92; Ord. No. 93-184, § 1,8-17-93; Ord. No. 93-202, § I, 12-21-93; Ord. No. 95-246, § 2, 11-21-95; Ord. No. 00-365, § 3, 3-7-00) 18-123 -18-140 Reserved. Division 6, Enyironmentally Sensitive Critical Areas 18-141 Designation of areas. (a) The following areas of the environment are designated as environmentally sensiti','e critical areas pursuant to RCW 36.701\.060 36.70A.O30(5) and WAC 197 11 908: (I) Critical A~quifer recharge areas and Wellhead protection Areas (Wellhead Capture Zones 1.5 and 10); (2) Fish and wildlife habitat conservation areas; (3) Frequently flooded areas; (4) Geologically hazardous areas; (5) Regulated Wwetlands; and (6) Streams. FWCC - Chapter 18, Environmental Protection Page 21 EXHIBIT~ PAGE ~¡OF---2-2- (b) For each of these environmentally sensitive critical areas, the responsible official shaH use Cl.ty codes, ordinances, resolutions, plans and policies identified in FWCC 18-122 to preclude land uses and development which are incompatible with these areas. (Ord. No. 90-40, § 1(20,280.10), 2-27-90;Ord. No. 91- 105, § 6(20.280.10), 8-20-91; Ord. No. 93-192, § 2, 11-9-93) 18-142 Portf.olio Critical areas maps and inventories. (a) The ewlÌronmcntally sensiti<:e areas portfolio, comprised of Critical area maps and documents inventories, generally designates the location of environmentally sensitive critical areas within the city and is adopted by reference. (b) Area-wide inventories and documents comprising the environmentally sensitive areas portfolio identifying critical areas may not identify all environmeRtally seasitive critical areas designated ~nder this section. Whether mapped or not, the provisions ofthis division wiH apply to all designated ' enviroameRtally seasitive critical areas located within the city. Whenever there is evidence of an environmentally sensitive a critical area located within or in proximity to a nonexempt action, the responsible official may require a special study to determine the extent such environmentally sensitive critical area may exist. (Ord, No. 90-40, § 1(20.280.10),2-27-90; Ord. No. 91-105, § 6(20.280.10), 8-20-91) 18-143 Exemptions. (a) For each eRyironmentally sensitiye critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are: (1) WAC 197-11-800(1), Minor new construction, flexible threshold. (2) WAC 197-11-800(2)(a) through (g), Other minor new construction. (3) WAC 197-11-800(6)(a), Minor land use decisions, short plat approval. (4) WAC 197-11-800(21)(a), (d), (g)@, Utilities. (b) Unidentified exemptions shall continue to apply within environmentally sensitive areas of the city. (0) As provided iR WAC 197 11 800(3)(£), certain exemptioas do Rot apply on lands eO'feTed by wat-er, and this remains true regardless of whether or not lands eovered by water are mapped. (Ord. No. 90- 40, § 1(20.280.10 - 20.280.30),2-27-90; Oed. No- 91-105, § 6(20.280.10), 8-20-91) . 18-144 Treatment of proposals. . The city shall treat proposals located wholIy or partially within an environmentally sensitive a critical area no differently than other proposals under this chapter except as stated in FWCC 18-143. A threshold determination shall be made for all such proposals. The city shall not automaticalIy require an environmental impact statement for a proposal merely because it is proposed for location in an ewllronmeatally sensitive a critical area. (Ord. No- 90-40, § 1(20.280.20),2-27-90) 18-145 -18-160 Reserved. 1:\2004 Code Arnendments\Wellhead Protection\Planning Commission\Environmental Protection.docl08121120<» 9:42 AM FWCC - Chapter 18, Environmental Protection Page 22 ~ CITYOF #I -~ Federal Way EXHIBIT---! PAGE 'OF-1 NOTICE ENVIRONMENTAL DETERMINATION OF NONSIGNIFICANCE (DNS) CRITICAL AQUIFER RECHARGE AREAS AND WELLHEAD PROTECTION File No: 04-102619-00-SE . -- Description: The proposal is to amend the Federal Way City Code (FWCC), Chapters 18 and 22 to provide the City with a mechanism to protect Wellhead Protection Areas, and those areas deemed necessary to provide adequate recharge and protection to aquifers used as sources of potable (drinking) water (Critical Aquifer Recharge Areàs [CARAs]). In order to implement these regulations, amendments are proposed for Chapter 18 related to types of actions that would be affected and various articles and sections of Chapter 22, including "Definitions," "Nonconformance," "Environmentally Sensitive Areas," and "Land Modifications," If adopted, the regulations will apply to land uses within the defined Critical Aquifer Recharge and Wellhead Protection Areas. Location: Non-Project Action - Citywide Applicant: City of Federal Way Lead Agency: City of Federal Way Staff Contacts: Margaret H. Clark, AICP, Senior Planner, 253-661-4111 Greg Fewins, Deputy Director, 253-661-4108 The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment, and an environmental impact statement (EIS) is not required under RCW 43.21 c.030(2)( c). This decision was made after review of a completed environmental checklist and other information on file with the City. Further information regarding this action is available to the public upon request at the Federal Way Department of Community Development Services (Federal Way City Hall, 33530 First Way South, ,PO Box 9718, Federal Way, WA 98063-9718), This DNS is issued under WAC 197-11-340(2). Comments must be submitted by 5:00 p.m. on August 2, 2004, Unless modified by the City, this determination will become final following the above comment deadline. Any person aggrieved of the City's final determination may file an appeal with the City within 14 days of the above comment deadline. You may appeal this determination to Kathy McClung, Directorof Community Development Services, at the City of Federal Way (address above), no later than 5:00 p.m. on August 16, 2004, by a written letter stating the reason for the appeal of the determination. You should be prepared to make specific factual objéctions. Published in the Federal Way Mirror on: July 17,2004 DocID28176 T~'-'~ ~ ~ TACOMA WATER I I I ~ ! 3628 South 35th Street Tacoma, Washington 98409-3192 COMMuN RECEIVED BY ITY DEVELOPMENT DEPARTMENT'. -ml 2 6 2004 TACOMA PUBLIC UTILITIES - ----~----------------- -------------..------------------_uu_---_u_- ----- EXHIBIT J P AGE---L_OF-1 March 3, 2000 Ms. Margaret Clark, AICP Senior Planner City of Federal Way 33530 First Way South Federal Way WA 98003 Subject: DETERMINATION OF NON-SIGNIFICANCE - 04-102619-00-SE Critical Aquifer Recharge areas and Wellhead Protection Location: CITYWIDE - Federal Way Dear Ms. Clark: We have reviewed the above subject and find that we have no comments or any' objection, Sincerely, ~~ Grant Whitley Utility Services Specialist RECEIVED BY COMMUNITY DEVELOPMENT DEPARTMENT I .JUL 2 3 2004 LAKEHA VEN UTILITY DISTRICT 31627 - 1st Avenue South. P.O. Box 4249 . Federal Way, Washington 98063-4249 Federal Way: 253-941-1516. Tacoma: 253-927-2922 www.lakehaven.org Margaret Clark City of Federal Way 33530 First Way South, PO Box 9718 Federal Way, W A 98063-9718 EXHIBIT I< ~ PAGE-L_~)t~ July 21,2004 Subject: Amended Federal Way City Code - Critical Aquifer Recharge Areas and Wellhead Protection. Dear Margaret: Thank you for providing the opportunity to comment on the City's document: "Determination of Non-significance (DNS) Critical Aquifer Recharge Areas and Wellhead Protection." I put together the following comments from review by our office concerning this submittal: . Chapter 22 Article I "Definitions" : A qualified groundwater scientist may be mõre appropriately defined as: A hydrogeologist, or~engineer who meets the following criteria: (1) Has 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. Torn Jovanovich Commissioner Dick Mayer Commissioner Donald loP. Miller Commissioner Ed Stewart Commissioner Beverly J. Tweddle Commissioner Margaret Clark July 21, 2004 Page 2 EXHIBIT_JC, P AGE-1C)F: 3 . Chapter 22. Article XIV - Division 2. Administration 22-1242 Maps adopted: , ;. Essentially all of the surface land area covering the Federal Way upland is considered a recharge area for groundwater. The Lakehaven Utility District 1, 5, and 10 year capture zone delineation calculations are only technical estimations, and ignores the vertical time of travel component through the unsaturated surface geology, This factor should be considered when developing site specific wellhead protection area management plans. Because of this, it may be appropriate to include the Buffer Zone (or 100 year Captu~e Zone) for non-contiguous critical aquifer recharge areas. This "Buffer Zone" established for each well would also compensate for assumptions that may be in the original 1, 5, and 10 year capture zone delineations and add longer term protection from contamination for the aquifers within the Federal Way area. Maps showing the "Buffer Zones" are in the Robinson & Noble June 1996 Report which was provided to the City. . Chapter 22. Article XIV - Division 9. Critical Aquifer Recharge Areas and Wellhead Protection Areas Prohibited activities: An exemption to the limitations and prohibited activities as described in this section should be considered for the public agency (Lakehaven Utility District) that operates and maintains the well facilities for domestic water production and emergency preparedness. Our well facilities have a 100 foot "sanitary control area" that is regulated by the Washington State Department of Health (WAC 246-290-135) and activity in this area~ is already tightly controlled by Lakehaven. The addition of an exemption within the proposed ordinances for the purpose of O&M of the well facility is needed because Lakehaven is frequently Margaret Clark July 21, 2004 Page 3 EXHIBIT -k P AGE~-c)E~, involved inactivity that should not require additional local regulation (for example; chemicals used to rehabilitate a well, fuel used to maintain emergency power generators, and chemicals used in water treatment). These are the only comments from our office at this time a..Yld again I thank you for the opportunity to respond. Please feel free to contact me or John Bowman (253.946.5401) if you have any questions or need additional information concerning our comments. Sincerely, S~. Water Quality/Production Engineer Cc: John Bowman Don Perry EXHIBIT 1- PAGE--ÌOF:I STATE OF WASHINGTON DEPARTMENT OF ECOLOGY PO Box 47600 . Olympia, WA 98504-7600.360-407-6000 TTY 711 or 800-833-6388 (For the Speech or Hearing Impaired) August 2, 2004 Margaret Clark, AICP, Senior Planner City of Federal Way 33530 First Way South PO Box 9718 Federal Way, W A 980063-9718 Dear Ms. Clark, On behalf of the Department of Ecology's Municipal Stormwater Unit, I am submitting the following comment on the City of Federal Way's proposed amendments to Chapter 22 of the City Code. My comments are concerned with proposed Division 9, Critical Aquifer Recharge Areas and Wellhead Protection Areas, Section 22-1372, General Requirements. Source control is the primary water quality protection mechanism for most industrial and commercial sites, The draft code does not include a requirement for the application of source control Best Management Practices (BMP's). The draft indicates that proposed activities must be designed and constructed in accordance with the King County Surface Water Drainage manual. But that manual does not include any source control requirements. In addition to the King County manual reference, we suggest that the ordinance should require application of source control BMPls as detailed in Vol~me IV of the Stormwater Management Manual for Western Washington (SMMWW), August 2001 for all new development, and redevelopment. Also, Federal Way should consider making the source control requirements, or at least the IIOperational Source Control BMP'sll of the SMMWW, apply to existing industrial and commercial sites. IIOperational Source Control BMP's" are those practices that do not require structural modifications to existing facilities. The amendments should give the City the option to require retrofit of IIStructural Source Control BMP's" to an existing industrial or commercial site on a case- by-case basis. The retrofitting of structural source control BMP's would be triggered by an assessment that the lIoperational source control BMP'sll are not adequately reducing pollutants discharged from the site. -e--. 0 Ms. Margaret Clark' August 2, 2004 Page 2 R EC ~~~Jr& EP AR"Th'ENt commN\t'l oE'J8J - , I\UG () 4: 20M EXHIBIT L. P AGEa£)E L ~'" If you, or the City's staff, need clarification on this conunent, please contact me at 360( 407-6438, or at eobr461@ecy.wa.gov. Thank you for your efforts to adopt an ordinance to protect the groundwater resources of your area, '. Sincerely, ;:rz ~ Ed O'Brien, P.E. Municipal Storm water Urùt Water Quality Program JS:akg cc: Anne Fritze!, Growth Management Planner, CTED wq! shared! section! pds! sw !FederaL WayCARA_Ord2.doc , '.., " E,XHIBIT 2 MINUTES OF SEPTEMBER 1, 2004, PLANNING COMMISSION MEETING MEETING MINUTES Commissioners present: Hope Elder, Dave Osaki, Dini Duclos, Bill Drake, and Merle Pfeifer. Commissioners absent: John Caulfield and Giant Newport (excused). Alternate Commissioners present: Lawson Bronson. Alternate Commissioners absent: Christine Nelson and Tony Moore (unexcused). City Council present: Deputy Mayor Linda Kochmar. Staff present: Senior Planner Margaret Clark, Deputy City Attorney Karen Kirkpatrick, City Staff Attorney Amy Jo Pearsall, Contract Planner Janet Shull, and Administrative Assistant E. Tina Piety. Vice-Chair Elder called the meeting to order at 7:00 p,m. APPROVAL OF MINUTES It was m/s/c to adopt the April 21, 2004, minutes as presented, AUDIENCE COMMENT None. ADMINISTRATIVE REpORT None COMMISSION BUSINESS PUBLIC HEARING - Critical Aquifer Recharge Areas & Wellhead Protection Areas Code Amendments Ms. Shull delivered the staff presentation. She introduced Stan French from the Lakehaven Utility District, with whom the staff worked to prepare these amendments and who attended the meeting in order to answer questions. The purpose of the amendments is to identifY and protect critical aquifer recharge and wellhead areas in order to protect the primary source of drinking water for Federal Way. The City is obligated to adopt such amendments before December 1,2004 in order to meet the state's Growth Management Act (GMA) mandates. The Commission asked how many residential and business areas would be affected by these amendments? Ms, Clark responded that for the most part, residential areas would not be affected, Business would be affected if, when filing out the environmental checklist, they indicate they will store over 20 gallons and/or 200 pounds of hazardous material. In such cases, further studies would be required. This threshold is typical of other jurisdictions. The Commission expressed concern over failing septic tanks and asked if Lakehaven planned to convert areas in the City that are currently using septic systems to sewer. Mr. French replied that Lakehaven has no jurisdiction over septic systems. Septic systems work well as long as they are properly maintained and Lakehaven is working to educate owners. Ms. Clark commented that all new subdivisions must have water and sewer. Mr. French went on to say that Lakehaven has nine sites with 16 wells in the City. The oldest 1:12004 Code AmendmcntslWcllhead ProtectionllUTClMeeting SIIITItI3J)'09-OI-04.doc Planning Commission Minutes Page 2 September 1,2004 well in the City dates from the 1960's. Boundaries for these wells are determined using a computer model based on groundwater movement, rate of withdraw of water, and time of travel from the point of entry. Most wells currently have a buffer zone of 100 feet that is owned by Lakehaven. Lakehaven has a list of low-, medium-, and high-risk users near these zones- Commissioners stated that proposed Federal Way City Code (FWCC) Sections 22-1374 and 22-1375.1 need some clarification. For Section 22-1374(1) regarding single-family, does this apply to proposed or existing single-family? For Section 22-1375.1, is it possible for this requirement to be implemented? Lawson Bronson, Alternate Commissioner - He expressed concern that a lot of businesses will be affected by these code amendments and better notification should have happened. In many places in FWCC Chapter 18 it states that the City will adopt a certain WAC section as currently stated, "or amended." He does not agree with the "or amended" phase because it does not give opportunity for public comment. The Commissioners also expressed concern that not many businesses that may be affected by these code amendments received notification. The Commission requested staffto send out additional notification for the Land Use/Transportation Committee meeting that discusses this issue. It was m/s/c to adopt the staff recommendation, with the understanding that staff will clarify FWCC Section 22-1374, and will review FWCC Section 22-1375.1 and if it cannot be implemented, will remove the section. ADDITIONAL BUSINESS None. AUDIENCE COMMENT None. ADJOURN The meeting was adjourned at 8:14 p.m. [:\2004 Code Amendmc:ntslWeilhead ProtectionlLUTOMeeting SumnaryO9-0t-O4,doc EXHIBIT 3 FWCC CHAPTER 22, ARTICLE XIV, "ENVIRONMENTALLY. SENSITIVE AREAS" FEDERAL WAY CITY CODE CHAPTER 22. ARTICLE XIV. ENVIRONMENTALLY SENSITIVE CRITICAL AREAS Sections: Division 1. Generally 22-1221 Purpose. 22-1222 Applicable provisions. 22-1223 Jurisdiction. 22-1224 Other authority and jurisdiction. 22-1225 Liability. 22-1226 - 22-1240 Reserved. Division 2. Administration 22-1241 Administration. 22-1242 Maps adopted. 22-1243 Basis for determination. 22-1244 Reasonable use of the subject property. 22-1245 Appeals of determination made under article. 22-1246 Bonds. 22-1247 Dedication, 22-1248 Exemptions. 22-1249 - 22-1265 Reserved. Division 3. General Site Design Requirements 2-1266 Responsibility of applicant. 22-1267 Physical barriers. 22-1268 Vehicle circulation areas, 22-1269 Time limitation. 22-1270 Other requirements. 22-1271-22-1285 Reserved. Division 4. Geologically Hazardous Areas Development 22-1286 Limitations. 22-1287 -22-1305 Reserved. Division 5. Streams 22-1306 22-1307 22-1308 22-1309 22-1310 22-1311 Setbacks, Relocation. Bulkheads. Culverts. Removal of streams from culverts, Rehabilitation. 22-1312 Intrusion into setbacks. 22-1313 Additional requirements for land surface modification. 22-1314 - 22-13 30 Reserved. Division 6. Regulated Lakes 22-1331 Conformance with division. 22-1332 Setback areas. 22-1333 Activities and improvements waterward ofthe ordinary high water mark. 22-1334 Activities and improvements within the required setback areas from regulated lakes. 22-1335 Rehabilitation. - 22-1336 Bulkheads. 22-1337 -22-1355 Reserved. Division 7. Regulated Wetlands 22-1356 Determination of wetland and regulated wetland. 22-1357 Wetland categories and standard buffers. 22-1358 Structures, improvements and land surface modifications within regulated wetlands. 22-1359 Structures, improvements and land surface modification within regulated wetland buffers. 22-1360 - 22-1368 Reserved. ' Division 8. Regulated Well Heads 22-1369 Criteria. 22 1370 22 1375 Reserved. Division 9. Critical Aquifer Recharf!e Areas and Wellhead Protection Areas 22-13 70 22-1371 22-1372 22-1373 22-1374 22-1375 22-1375.1 Limitations. Classification of wellhead capture zones, General requirements, Prohibited activities in wellhead capture zone I. Regulation of facilities handling and storing hazardous materials. Performance standards. . . Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and wellhead protection areas. Division 1. Generally 22-1221 Purpose. The purpose of this article is to protect the environment, human life and property from harm and degradation. This is to be achieved by precluding or limiting development in areas where development poses serious or special hazards; by preserving and protecting the quality of drinking water; and by preserving important ecological areas such as steep slopes, streams, lakes and wetlands. The public purposes to be achieved by this article include protection of water quality, groundwater recharge, shoreline stabilization, stream flow maintenance, stability of slope areas, wildlife and fisheries habitat FWCC - Eaviroameatally Seasith'e :\œas Critical Areas Page 2 maintenance, protection of human life and property and maintenance of natural stormwater storage systems. (Ord. No. 90-43, § 2(80.10), 2-27-90; Ord, No, 91-105, § 4(80.10), 8-20-91; Ord. No. 91-123, § 3(80.10), 12-17-91) 22-1222 Applicable provisions. The provisions of this article apply throughout the city and must be complied with regardless of any other conflicting provisions of this chapter. The provisions of this chapter that do not conflict with the provisions of this article apply to the subject property, (Ord. No, 90-43, § 2(80.15), 2-27-90; Ord. No. 91-105, § 4(80,15),8-20-91; Ord. No. 91-123, § 3(80.15),12-17-91) 22-1223 Jurisdiction. This article applies to the subject property if it: (1) Contains or is within 25 feet of a regulated slope geologically hazardous area; (2) Contains or is within 100 feet of a well head; (3) Contains or is within 100 feet ofthe ordinary high water mark of a major stream; (4) Contains or is within 50 feet of the ordinary high water mark of a minor stream; (5) Contain~ or is within 25 feet of any regulated lake; or (6) Contains or is within 200 feet of the edge of any regulated wetland, including regulated wetlands associated with any major stream, minor stream, or regulated lake. (7) Is located within a critical recharge area or a wellhead protection area (1. 5. or 10-Year Wellhead Capture Zone). (Ord. No. 90-43, § 2(80.20), 2-27-90; Ord,No. 91-105, § 4(80.20),8-20-91; Ord.No. 91.123, § 3(80.20),12-17-91; Oed. No. 99-353, § 3,11-16-99) 22-1224 Other authority and jurisdiction. Nothing in this article in any way limits, or may be construed to limit, the authority ofthe city under any other applicable law, nor in any way decreases the responsibility of the applicant to comply with all other applicable local, state and federal laws and regulations. (Ord. No, 90-43, § 2(80,25), 2-27-90; Oed. No. 91-105, § 4(80.25),8-20-91; Ord. No. 91-123, § 3(80,25),12-17-91) 22-1225 Liability. (a) Prior to issuance of any building permit or other penn it by the building official, the applicant may be required to enter into an agreement with the city, in a fonn acceptable to the city attorney, releasing and indemnifying the city from and for any damage or liability resulting from any development activity on the subject property which is related to the physical condition of the steep slope, stream, regulated lake or regulated wetland. This agreement shall be recorded in the county, at the applicant's expense, and shall run with the property. (b) The city may also require the applicant to obtain insurance coverage for damage to city or private property and/or city liability related to any such development activity. (Ord. No. 90-43, § 2(80,55), 2-27-90; Oed. No. 91-105, § 4(80.55), 8-20-91; Qrd. No, 91-123, § 3(80.55), 12-17-91) 22-1226 - 22-1240 Reserved. Division 2. Administration 22-1241 Administration. Except as otherwise established in this article, this article will be implemented and enforced as part of the city's review of any development activit)! on the subject property. If the development activity requires approval through process I, II or III, the provisions of this article will be implemented as part of these processes. If the development activity does not require approval through process I, II or III, the provisions of this article will be implemented through site plan review under FWCC 22-361 et seq. (Ord. No. 90-43, § 2(80.30(1»,2-27-90; Ord, No. 91-105, § 4(80.30(1», 8-20-91; Ord. No. 91-123, § 3(80.30(1», 12-17-91) FWCC - EnYironmentally Sensitive Meas Critical Areas Page 3 22-1242 Maps adopted. The city hereby ~dopts the King County \'letlands Inventory Notebook, Volume 3 South June 19. 1999. City of Federal Way Final Wetland Inventory Report, to show the locations of regulated lakes and certain regulated wetlands in the city. The City hereby adopts the Lakehaven Utility District Wellhead I. 5. and 10- Year Capture Zones Maps. as now existing or amended. (Ord. No. 90-43, § 2 (80.30(2», 2-27-90; Ord. No. 91-105, § 4(80.30 (2)), 8-20-91; Ord. No. 91-123, § 3(80.30(2)),12-17-91) . 22-1243 Basis for determination. The determinations regarding whether the subject property is regulated under this article, as. well as the extent and nature ofthe regulations that will apply to the subject property, will be determined based on environmental information and mapping possessed by the city as well as other information and mapping provided by or through the applicant. The city may require the applicant, at the applicant's expense, to provide any information, mapping, studies, materials, inspections or reviews that are reasonably necessary to implement this article and to require that such information, studies, mapping, materials, inspections and reviews be provided or perfonned by a qualified professional acceptable to the city. Other provisions of this article detail other information and inspections that may be required in some instances. (Ord. No. 90-43, §2(80.30(3), 2-27-90; Ord, No. 91-105, § 4(80.30(3»), 8-20-91; Ord. No. 91-123, § 3(80.30(3)), 12-17-91) , 22-1244 Reasonable use of the subject property. (a) The provisions of this section establish a mechanism whereby the provisions of this article may be modified or waived on a case-by-case basis if their implementation would deprive an applicant of all reasonable use of the subject property. (b) An applicant may apply for a modification or waiver of the provisions of this article using process IV; except, that applications for projects on single-family residential lots platted prior to the incorporation of the city may use process III. ' (c) The city IJI-ay approve a modification or waiver of the requirements of this article on a case-by- case basis based on the following criteria: . (1) The application of the provisions of this article eliminates all reasonable use of the subject property. (2) It is solely the implementatioll of this article, and not other factors, which precludes all reasonable use of the subject property. (3) The applicant has in no way created or exacerbated the condition, which fonDS the limitation on the use of the subject property, nor in any way contributed to such limitation. (4) The knowledge of the applicant of limitations on the subject property when he or she acquired the subject property. (5) The waiver or modification will not lead to, create nor significantly increase the risk of injury or death to any person or damage to improvements on or off the subject property. (d) If the city grants a request under this section, it shall grant the minimum necessary to provide the applicant with some reasonable use of the subject property, considering the factors described in subsections (c)(l) through (c)(5) of this section. The city may impose any limitations, conditions and restrictions it considers appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this section. (Ord. No. 90-43, § 2(80.35), 2-27-90; Ord. No, 91-105, § 4(80.35), 8-20- 91; Ord. No. 91-123, § 3(80.35), 12-17-91; Ord. No. 99-353, § 3, 11-16-99) 22-1245 Appeals of determination made under article. Any determination made by the director of community development under this article may be appealed using the procedures established for appeals of interpretations under FWCC ~ 22-350. (Ord. No. 90-43, § 2(80.40),2-27-90; Ord, No. 91-105, § 4(80.40),8-20-91; Ord. No. 91-123, § 3(80.40), 12-17-91) FWCC - Em'ironffi8ntally Sensitive i\reas Critical Areas Page 4 22-1246 Bonds. The city may require a bond under FWCC 22-146 et seq. to insure compliance with any aspect of this article. (Ord. No. 90-43, § 2(80.45),2-27-90; Ord. No. 91-105, § 4(80.45), 8-20-91; Ord. No. 91-123, § 3(80.45), 12-17-91) 22-1247 Dedication. The city may require the applicant to dedicate development rights or an open space easement to the city to insure protection of steep slopes, wells, streams, regulated lakes and regulated wetlands and other areas within the jurisdiction of this article. (Ord. No. 90-43, § 2(80.50), 2-27-90; Ord. No. 91~105, § 4(80.50),8- 20-91; Ord. No. 91-123, § 3(80.50), 12-17-91) 22-1248 Exemptions. The following activities are exempt from the provisions of this article: (I) Emergencies, that in the opinion of the director of community development, threaten the public health, safety and welfare; . . (2) Normal and routine maintenance and repair of the following facilities, for which a maintenance plan has been approved by the public works director: a. Existing drainage ditches provided, however, that this exception shall not apply to any ditches used by salmon ids other than to permit free migration of salmonid to their spawning grounds; b. Surface water facilities, provided that such activities shall not involve conversion of any regulated wetland not currently being used for such activity; c. Existing public facilities and utility structures or right-or-way. The maintenance plan may be designed to address individual facilities or facility components, area- wide facilities or city-wide systems. The maintenance plan shall identify the nature of the potential maintenance or repair activities, specifications for work which may occur within potential sensitive areas, specifications for restoring and/or mitigating impacts, specifications for timing of maintenance or repair activities, and process for contacting or notifying the city of pending maintenance or repair activities to ensure compliance with the approved plan. The public works director may require that an appropriate bond or security be maintained with the city to ensure restoration of disturbed areas. (Ord. No. 91-105, § 4(80.37),8-20-91) 22-1249 - 22-1265 Reserved. Division 3. General Site Design Requirements 22-1266 Responsibility of applicant. The applicant shall locate all improvements on subject property to minimize adverse impacts ill to steep slopes, wells, streams, regulated lakes-,- and regulated wetlands. and critical aquifer recharge and wellhead protection areas. (Ord. No. 90-43, § 2(80.60(1», 2-27-90; Ord. No. 91-105, § 4(80.60(1», 8-20-91; Ord. No. 91-123, § 3(80.60(1»,12-17-91) 22-1267 Physical barriers. The applicant shall install a berm, curb or other physical barrier during construction and, íf necessary, following completion of development of the subject property, to prevent direct runoff and erosion from any disturbed area onto or into a steep slope, any area within 100 feet of a well head, a stream, a regulated lake or a regulated wetland. (Ord. No. 90-43, § 2(80.60(2», 2-27-90; Oed. No. 91-105, § 4(80.60(2»,8-20-91; Oed. No. 91-123, § 3(80.60(2»,12-17-91) FWCC - En'¡ironmentally Sensitive Areas Critical Areas Page 5 22-1268 Vehicle circulation areas. The applicant shall locate all parking and vehicle circulation areas as far as possible from any steep slope, well head, stream, regulated lake and regulated wetland. (Ord. No. 90-43, § 2(80.60(3», 2-27-90; Oed. No. 91-105, § 4(80.60(3»,8-20-91; Oed. No. 91-123, § 3(80.60(3», 12-17-91) 22-1269 Time limitation. The city may limit development activities which involve any land surface modification to specific months of the year and to a maximum number of continuous days or hours in order to minimize adverse impacts. (Ord. No. 90-43, § 2(80.60(4», 2-27-90; Ord. No. 91-105, § 4(80.60(4», 8-20-91; Ord. No. 91-123, § 3(80.60(4»,12-17-91) 22-1270 Other requirements. . The city may require other construction techniques, conditions and restrictions on development in order to minimize adverse impacts on steep slopes, wells, critical aquifer recharge areas and wellhead protection areas, streams, regulated lakes... or regulated wetlands. (Ord. No. 90-43, § 2(80.60(5», 2-27-90; Ord. No. 91-105, § 4(80.60(5», 8-20-91; Ord. No. 91-123, § 3(80.60(5», 12-17-91) 22-1271-22-1285 Reserved. Division 4. Geologically Hazardous Areas Development 22-1286 Limitations. (a) This section regulates development activities and land surface modifications on or within 25 feet of a geologically hazardous area. (b) Development activities, land surface modifications or the installation and maintenance of landscaping normally associated with residential, commercial or park use may not occur on or within 25 feet of a geologically hazardous area unless no reasonable alternative exists and then only if the development activity or land surface modification will not lead to or create any increased slide, seismic or erosion hazard. (c) Before approving any development activity or land surface modification under this section, the . city may require the applicant to submit the following information: (1) A soils report prepared by a qualified professional engineer licensed in the state which describes how the proposed development will impact each of the following on the subject property and nearby properties: a. Slope stability, landslide hazard and sloughing. b. Seismic hazards. c. Groundwater. d. Seeps, springs and other surface waters. e. Existing vegetation. (2) Recommended foundation design and optimal location for roadways improvements. (3) Recommended methods for mitigating identified impacts and a description of how these mitigating measures may impact adjacent properties. (4) Any other information the city determines is reasonably necessary to evaluate the proposal. (d) If the city appròves any development activity or land surface modification under this section, it may, among other appropriate conditions, impose the following conditions of approval: (1) That the recommendations of the soils report be followed. (2) That the applicant pay for the services of a qualified professional engineer selected and retained by the city to review the soils report and other relevant information. (3) That a qualified professional engineer be present on site during all land surface modification activities. FWcc - Environmentally SensitÍ'.'6 Areas Critical Areas Page 6 (4) That trees, shrubs and groundcover be retained except where necessary for approved development activities on the subject property. (5) That additional vegetation be planted in disturbed areas. (Ord. No. 90-43, § 2(80.65), 2-27-90; Oed. No. 90-79, § 3,12-18-90; Ord. No. 91-105, § 4(80.65),8-20-91; Ord. No. 91-123, § 3(80.65), 12-17-91) 22-1287 - 22-1305 Reserved. Division 5. Streams 22-1306 Setbacks. (a) No land surface modification or improvements may take place or be located in a stream or within the following setback areas except as allowed within this article: (1) The setback area for a major stream includes all areas within 100 feet outward from the ordinary high water mark of a major stream. (2) The setback area for a minor stream includes all areas within 50 feet outward from the ordinary high water mark of a minor stream. (b) The setback areas established by this section do not apply to any segment of a stream that is presently within a culvert, unless that stream will be taken out of the culvert as part of development of the subject property. (Ord. No. 90-43, § 2($0.75), 2-27-90; Ord. No. 90-79, § 4, 12-18-90; Ord. No. 91-105, § 4(80.75),8-20-91; Ord. No. 91-123, § 3(80.75),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1307 Relocation. (a) Relocation of a stream on the subject property is permitted subject to all of the conditions and restrictions of this section. (b) A proposal to relocate a stream will be reviewed and decided upon using process IV in FWCC 22- 431 et seq. (c) As part of any request under this section, the applicant must submit a stream relocation plan, prepared by a qualified professional approved by the city, that shows the following: (1) The creation of a natural meander pattern. (2) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the installation of erosion control features for stream side slopes. (3) The creation of a narrow subchannel, where feasible, against the south or west bank. (4) The utilization of natural materials, wherever possible. (5) The use of vegetation normally associated with streams, including primarily native riparian vegetation. (6) The creation of spawning and nesting areas, wherever appropriate. (7) The re-establishment of the fish population, wherever feasible. (8) The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible. (9) The filling and revegetation of the prior channel. (10) A proposed phasing plan specifying time of year for all project phases. (d) The city will allow a stream to be relocated only if water quality, habitat and stormwater retention capability of the streams will be significantly improved by the relocation. Convenience to the applicant in order to facilitate general site design may not be considered. (e) Prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the new channel following its completion and issue a written report to the director of community development stating that the channel complies with the requirements of this section. (t) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or leaves the subject property. (Ord. No. 90-43, § 2(80.80), 2-27-90; Oed. No. 91-105, § 4(80.80),8-20- 91; Oed. No. 91-123, § 3(80.80),12-17-91; Ord. No. 99-353, § 3,11-16-99) FWcc - Environmentally Sensitiye :\reas Critical Areas Page 7 22-1308 Bulkheads. (a) A bulkhead may not be located in or along a stream except as established in this section. (b) A request for a bulkhead in or along the stream will be reviewed and decided upon using process III in FWCC 22-386 et seq. (c) A request to locate a bulkhead in or along the stream will only be granted if the bulkhead is needed to prevent significant erosion and the use of vegetation will not sufficiently stabilize the bank to prevent this erosion. ' (d) The bulkhead, if permitted, must be designed to minimize the transmittal of water CUrrent to other properties. Changes in the horizontal or vertical configuration of the land in or around the stream must be kept to a minimum. (Ord. No. 90-43, § 2(80.85), 2-27-90;Ord. No. 91-105, § 4(80.85), 8-20-91; Ord. No. 91-123, § 3(80.85), 12-17-91; Ord. No. 97-291, § 3, 4-1-97) 22-1309 Culverts. (a) Culverts are permitted in streams only if approved under this section. (b) The city will review and decide upon applications under this chapter using process III in FWCc 22-386 et seq. (c) The city will allow a stream to be pùt in a culvert only if: (1) No significant habitat area will be destroyed; and . (2) It is necessary for some reasonable use of the subject property. Convenience to the applicant in order to facilitate general site design will not be considered. The applicant must demonstrate, by submitting alternative site plans showing the stream in an open condition, that no other reasonable site design exists. (d) The culvert must be designed and installed to allow passage of fish inhabiting or using the stream. The culvert must be large enough to accommodate a 100-year storm. (e) The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as to allow free passage of water and, if applicable, fish. The city shall require a bond under FWCC 22-146 et seq. to ensure maintenance of the culvert approved under this section. (Ord. No. 90-43, § 2(80.90),2-27-90; Oed. No. 91-105, § 4(80.90), 8-20-91; Ord. No. 91-123, § 3(80.90),12-17-91; Ord. No. 97-291, § 3,4-1-97) 22-13io Removal of streams from culverts. If development of the subject property requires approval through process I, II or III of this chapter, the city may require the stream to be taken out of the culvert and restored to a natural-like configuration as part of the city's approval of development of the subject property. (Ord. No. 90-43, § 2(80.95), 2-27-90; Ord. No. 91-105, § 4(80.95), 8-20-91; Oed. No. 91-123, § 3(80.95), 12-17-91) 22-1311 Rehabilitation. The director of community development may permit or require the applicant to rehabilitate or maintain a stream by requiring the removal of detrimental materials such as debris, sediment and invasive, non-native vegetation. Approval of stream rehabilitation shall be based on a review of a plan containing, at a minimum, an analysis of existing conditions, identification of the source, if possible, of the degradation of the stream or riparian zone, proposed corrective actions, including installation of native species within the riparian corridor, performance standards, monitoring schedule, planting plans, erosion and sedimentation control plans, and grading plans as necessary. The director shall require an applicant to retain the services of a qualified professional in preparing the restoration plan. These actions may be permitted or required at any time that a condition detrimental to water quality, stability of stream banks, degradation of existing naturally vegetated buffers, or in stream habitat exists. Intrusions into regulated steep slopes and associated setbacks will be allowed for purposes of approved stream rehabilitation projects. (Ord. No. 90-43, § 2(80.100),2-27-90; Ord. No. 91-105, § 4(80.100),8-20-91; Oed. No. 91-123, § 3(80.100),12-17-91; Ord. No. 99-353, § 3,11-16-99) FWcc - Enviroflmentally Sensiti'le Areas Critical Areas Page 8 22-1312 Intrusion into setbacks. (a) Essential public facilities, public utilities and other public improvements. The director of community development may permit the placement of an essential public facility, public utility or other public improvements in a setback from a stream if he or she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. "Public utility and other public improvements" shall not include improvements whose primary purpose is to benefit a private development, including without limitation interior roads or privately-owned detention facilities installed within or during the construction of a residential subdivision, binding site plan, or other commercial development. (b) Minor improvements. Minor ~mprovements such as footbridges crossing the stream, walkways and benches may be located within the setback area if approved through process III, based on the following criteria: (I) It will not adversely affect water quality; (2) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (3) It will not adversely affect drainage or stormwater retention capabilities; (4) It will not lead to unstablè earth conditions nor create erosion hazards; (5) It will not be materially detrimental to any other property nor to the city as a whole; and (6) It is necessary to correct anyone of the adverse conditions specified in subsections (b)(l) through (b )(5) ofthis subsection. . (c) Other intrusions. Other than as specified in subsections (a) and (b) of this section, the city may approve any request to locate an improvement or engage in land surface modification within stream setback areas only through process IV, based on the following criteria: (1) It will not adversely affect water quality; (2) It will not adversely affect the existing quality of wildlife habitat within the stream or setback area; (3) It will not adversely affect drainage or stormwater retention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of significant open space; and (6) It is necessary for reasonable development of the subject property. (Ord. No. 90-43, § 2(80.105), 2-27-90; Oed. No. 91-105, § 4(80.105),8-20-91; Oed. No. 91-123, § 3(80.105),12-17-91; Oed. No. 99-353, § 3,11- 16-99) 22-1313 Additional requirements for land surface modification. If any land surface modification is permitted within the stream or stream setback area, the applicant shall comply with the following additional requirements: (l) All fill material used must be nondissolving and nondecomposing. The fill material must not contain organic or inorganic material that would be detrimental to water quality or the existing habitat. (2) The applicant may deposit dredge spoils on the subject property only if part of an approved development on the subject property. (3) The applicant shall stabilize all areas left exposed after land surface modification with native vegetation normally associated with the stream or setback area. (Ord. No. 90-43, § 2(80.110), 2-27-90; Oed. No. 91-105, § 4(80.110), 8-20-91; Ord. No. 91-123, § 3(80.110),12-17-91) 22-1314 - 22-1330 Reserved. FWcc - En'iÏfOAmeAtaIly SEmsitive :\reas Critical Areas Page 9 Division 6. Regulated Lakes 22-1331 Conformance with division. No structure, improvement nor land surface modification may be constructed or take place within regulated lakes or within setback areas from regulated lakes except as allowed in this article. (Ord. No. 90- 43, § 2(80.115), 2-27-90; Ord. No. 91-105, § 4(80.115), 8-20-91; Oed. No. 91-123, § 3(80.115), 12-17-91) 22-1332 Setback areas. All areas landward 25 feet in every direction from the ordinary high water mark of a regulated lake is within the setback area from a regulated lake. (Ord. No. 90-43, § 2(80.120), 2-27-90;Ord. No. 91-105, § 4(80.120),8-20-91; Ord. No. 91-123, § 3(80.120),12-17,.91) 22-1333 Activities and improvements waterward of the ordinary high water mark. This section regulates structures, improvements and activities waterward of the ordinary high water mark of regulated lakes. (I) Dredging and filling. Except as permitted in conjunction with activities regulated under process III and IV, FWCC 22 17622-386 et seq. and 22 51622-431 et seq., dredging and filling waterward of the ordinary high water mark of a regulatèd lake is prohibited. (2) Structures and improvements. Except as permitted in conjunction with activities regulated under process III and IV, FWCC 22 17622-386 et seq. and 22 51622-431 et seq., thé only structures or improvements that may be located waterward of the ordinary high water mark ora regulated lake are moorage structures. The city will review and decide upon any proposal for a moorage structure waterward of the ordinary high water mark using process III. The city may grant a request under this section if the moorage structure is accessory to a dwelling unit or public park on the subject property and no significant habitat area will be damaged by its construction or use. A moorage structure, if permitted, may not extend waterward further than is reasonably necessary to function properly, hut in no event more than 200 feet waterward of the ordinary high water mark. Moorage structures may not be treated with creosote, oil base or other toxic substances. The top of the moorage structure may not be more than two feet above the' ordinary high water mark. (Ord. No. 90-43, § 2(80.125), 2-27-90; Oed. No. 91-105, § 4(80.125),8-20-91; Ord. No. 91-123, § 3(80.125), 12-17-91; Ord. No. 99-353, § 3, 11-16-99) 22-1334 Activities and improvements within the required setback areas from regulated lakes. No structure, improvement nor land surface modification may be located or take place within the setback area from a regulated lake except as allowed in this section. (1) Landscaping and land surface modification. Except as otherwise specifically permitted in this section, the setback area from a regulated lake may not be covered with an impervious surface. Installation and maintenance of normal residential or park-like landscaping may take place within the required setback area, provided that no fertilizers, pesticides or other chemicals or substances are applied within the setback area that will degrade water quality or hasten eutrophication of the lake. Land surface modification beyond installation and maintenance of normal residential or park-like landscaping may only be permitted within the setback area if approved through process III based on the following criteria: a. The proposed land surface modification is necessary for the reasonable use of the subject property. b. The land surface modification will not increase or decrease the size ofthe regulated lake. c. The land surface modification will not change the points where any water enters or leaves the subject property nor in any way change drainage patterns to or from adjacent properties. d. The proposed land surface modification will not be detrimental to water quality or habitats in or around the lake. (2) Minor structures and improvements. Minor improvements such as walkways, benches, platforms for storage of small boats and small storage lockers for paddles, oars, life preservers and similar FWcc - Environmentally Sensitive Areas Critical Areas Page 10 boating equipment may be located within the setback area if approved by the director of community development based on the following criteria: a. The minor improvement will not adversely affect water quality. b. The minor improvement will not destroy nor damage a significant habitat area. c. The minor improvement will not adversely affect drainage or stormwater retention capabilities. d. The minor improvement will not be materially detrimental to any other property in the area ofthe subject property nor to the city as a whole. (3) Essential public facilities and utilities. The director of community development may permit the placement of an essential public facility or utility in the setback area ifhe or she determines that the line or improvement must traverse the setback area because no feasible alternative location exists based on an analysis of technology and system efficiency. The specific locàtion and extent of the intrusion into the setback area must constitute the minimum necessary encroachment to meet the requirements of the public facility or utility. (4) Other intrusions. a. Where the properties immediately abutting the subject property have dwelling units which extend into the setback area, the applicant may construct a dwelling unit on the subject property that extends into this setback I;lrea to the extent permitted in :mbsection (4)(b) of this section. b. Where subsection (4)(a) of this section applies, the dwelling unit on the subject property may be no closer to the ordinary high water mark of the regulated lake than the average of the distance of the two dwelling units on the properties immediately abutting the subject property. If one of the properties immediately abutting the subject property does not contain a dwelling unit or the dwelling unit on that abutting property is more than 25 feet from the ordinary high water mark of the regulated lake, the setback ofthe dwelling unit on that lot will be presumed to be 25 feet for the purposes of calculating the permissible location for the dwelling unit on the subject property under this section. (5) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with appropriate vegetation. (Ord. No. 90-43, § 2(80.130),2-27-90; Ord. No. 90-79, § 5,12-18-90; Oed. No. 91-105, § 4(80.130),8-20-91; Oed. No. 91-123, § 3(80.130),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1335 Rehabilitation. The director of community devetopment may permit or require the applicant to rehabilitate or maintain a regulated lake by requiring the removal of detrimental materials such as debris, sediment and inappropriate vegetation and by requiring the planting of native vegetation. These actions may be permitted or required at any time that a condition detrimental to water quality or habitat exists. (Ord. No. 90-43, § 2(80.135), 2-27-90; Oed. No. 91-105, § 4(80.135), 8-20-91; Oed. No. 91-123, § 3(80.135),12-17-91) 22-1336 Bulkheads. (a) General. A bulkhead is permitted within or adjacent to a regulated lake subject to the provisions of this section. (b) Required permit. The city wiJI review and decide upon an application under this section using process III. (c) Criteria. The city may permit a bulkhead to be constructed only if: (1) The bulkhead is needed to prevent significant erosion. (2) The use of vegetation will not sufficiently stabilize the shoreline to prevent the significant erosIOn. (d) Design features. A bulkhead may not be located between a regulated lake and a wetland. Changes in the horizontal or vertical configuration of the land must be kept to a minimum. The bulkhead must be designed to minimize the transmittal of wave energy to other properties. (Ord. No. 90-43, § 2(80.140), 2-27-90; Oed. No. 91-105, § 4(80.140), 8-20-91; Oed. No. 91-123, § 3(80.140),12-17-91; Oed. No. 99-353, § 3,11-16-99) 22-1337 - 22-1355 Reserved. FWcc - Enyironmentally Sensitive Areas Critical Areas Page II .( Division 7. Regulated Wetlands 22.1356 Determination of wetland and regulated wetland. (a) Generally. This section contains procedures and criteria for determining whether an area is defined as a regulated wetland under this chapter. (b) Evaluation. If the city determines that a wetland may exist on or within 200 feet of the subject property, the director of community development shall require the applicant to submit a wetland report, prepared by a qualified professional approved by the city, that includes the information set forth in subsections (b Xl) through (b )(7) and (c) of this section. The director of community development shall use the information required by subsections (bXl) and (b)(2) to determine if the area is a regulated wetland and, if so, shall use the information required by subsections (b X3) through (b X7) and (c) to determine the category and the precise boundaries of that regulated wetland. (1) An evaluation of whether the area in question is a regulated wetland, based on the definition of "regulated wetland" in FWCC 22-1. (2) An overview of the methodology used to conduct the study. (3) A description ofthe wetland and plant communities found therein, a map delineating the edge of the wetland and location of plant communities, and a detailed. description of the method used to identify the wetland edge. (4) The wetland classification, according to the D.S.Fish and Wildlife Service "Classification of Wetlands .and Deep Water Habitats in the U.S." (5) A list of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. (6) A list of potential plant or animal species based on signs or other observation. (7) An evaluation and assessment of the existing or potential functions and values ofthe wetland based on the following factors: Surface water control; wildlife habitat; pollution and erosion control; groundwater exchange; open space and recreation; and educational and cultural opportunities. (c) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were designed to impound or convey water for an engineered purpose are not considered regulated wetlands under this article provided they meet all of the following criteria: . (I) The drainage facility must have been intentionally human created. This is to differentiate from those wetland sites that are accidental consequences of development actions, such as road construction or culvert placement. Such sites may be considered regulated wetlands by the director upon a review, under subsection (b )(7) ofthis section, ofthe ecological functions and values ofthe site. (2) The drainage facility must have been originally constructed on uplands (nonwetland areas). If the drainage facility is located within a straightened, channelized, or otherwise disturbed natural watercourse, it may be considered a regulated wetland by the director upon a review, under subsection (b )(7) of this section, of the ecological functions and values of the site. (3) The facility must be actively operated as for use as a surface water drainage facility. Abandoned drainage facilities may be considered regulated wetlands by the director upon a review, under subsection (b)(7) of this section, of the ecological functions and values of the site. (4) Wetland conditions have not expanded beyond the originally constructed drainage facility boundary. In such a case the expanded area may be considered a regulated wetland by the director upon review, under subsection (b)(7) of this section, of the ecological functions and values of the site. (5) The drainage facility was not designed or constructed as a requirement to mitigate previous wetland impacts. (6) The director finds that limited ecological functions and values do not warrant application of the city's wetland regulations. (Ord. No. 90-43, § 2(80.145), 2-27-90; Ord. No. 91-105, § 4(80.145), 8"20-91; Ord. No. 91-123, § 3(80.145), 12-17-91; Ord. No. 99-353, § 3,11-16-99) FWcc - Environmentally SensitiYe :\reas Critical Areas Page 12 22-1357 Wetland categories and standard buffers. (a) Regulated wetlands are classified into the following categories: (1) Category I wetlands meet one of the following criteria: a. 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 b. 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 c. Have three or more wetland classes, one of which is open water. (2) 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: a. Are contiguous with water bodies or tributaries to water bodies which under normal circumstances cöntain or support a fish population, including streams where flow is intermittent; or b. Are greater than one acre in size in its entirety; or c. 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. (3) Category III wetland are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands. (b) Standard buffer widths for regulated wetlands are established as follows: (1) Category I wetlands shall¡ have a standard buffer width of 200 feet (2) Category II wetlands shan have a standard buffer width of 100 feet. (3) Category III wetlands shall have a standard buffer width of 50 feet for wetlands that are . greater than 10,000 square feet in area, and shall have a standard buffer width of 25 feet for wetlands that are between 2,500 to 10,000 square feet in area. (Ord. No. 90-43, §2(80.150), 2-27-90; Ord. No. 91-105, § 4(80.150),8-20-91; Ord. No. 91-123, § 3(80.150),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1358 Structures, improvements and land surface modifications within regulated wetlands. (a) Generally. No land surface modification may take place and no structure or improvement may be located in a regulated wetland except as provided in this section. (b) Public park. The city may allow pedestrian access through a regulated wetland in conjunction with a public park. The access, if approved, must be designed to the maximum extent feasible to protect the wetland from any adverse effects or impacts of the access and to limit the access to the defined access area. (c) Rehabilitation. The director of community development may permit or require an applicant to rehabilitate and maintain a regulated wetland by removing detrimental material such as debris and inappropriate vegetation and by requiring that native vegetation be planted. These actions may be required at any time that a condition detrimental to water quality or habitat exists. (d) Modification. Other than as specified in subsectiol.1s (b) and ( c) of this section, the city may approve any request to locate an improvement or engage in land surface modification within a regulated wetland using process IV. The specific location and extent ofthe intrusion into the regulated wetland must constitute the minimum necessary encroachment. Approval of a request for improvements or land surface modification within a regulated wetland through process IV shall be based on the following criteria: (I) It will not adversely affect water quality. (2) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat. (3) It will not adversely affect drainage or storm water retention capabilities. (4) It will not lead to unstable earth conditions nor create erosion hazards. (5) It will not be materially Qetrimental to any other property in the area ofthe subject property nor to the city as a whole, including the loss of open space. FWcc - Environmimtally Sensitive l\reas Critical Areas Page 13 (6) It will result in no net loss of wetland area, function or value. (7) The project is in the best interest ofthe public health, safety or welfare. (8) The applicant has demonstrated sufficient scientific expertise and supervisory capability to carry out the project. (9) The applicant is committed to monitoring the project and to make corrections if the project fails to meet projected goals. (e) Required information. As part of any request under this section, the applicant shall submit a report, prepared by a quàlified professional approved by the city, that includes the following information: (1) Mitigation plan. A mitigation plan shall include the following elements: a. Environmental goals and objectives. b. Performance standards. .c. Detailed construction plans. d. Timing. e. Monitoring program for a minimum of five years. f. Contingency plan. g. Subject to the applicant's election of timing alternatives provided in subsection (e)( 4) of , this section, a performance and maintenance bond in an amount of 120 percent of the costs of implementing the mitigation plan or the contingency plan, whichever is greater. . (2) Mitigation. Mitigation of wetland impacts shall be restricted to restoration, creation or enhancement, within the same basin, of in-kind wetland type which results in no net loss of wetland area, function or value. Where feasible, mitigation measures shall be designed to improve the functions and values of the impacted wetland. (3) Minimum acreage mitigation ratio. The following are ratios for providing restoration, creation or enhancement of impacted wetland areas. The first number of the ratio specifies the acreage of wetland requiring restoration, creation or replacement and the second specifies the acreage of wetlands impacted. Wetland Category Creation and Restoration Enhancement Category I (all types) Category II: Forested Scrub/Shrub Emergent Category III: Forested 2: I 4: 1 Scrub/Shrub 1.5: I 3: 1 Emergent 1.25:1 2.5:1 The director may permit or require the above replacement ratios to be increased or decreased based on the following criteria: a. Probable success of the proposed mitigation. b. Projected losses in function or value. c. Findings of special studies coordinated with agencies with expertise which demonstrate that no net loss of wetland function or value is attained under an alternative ratio. d. In no case shall the minimum acreage replacement ratio be less than 1.25: 1. (4) Timing. All required wetland mitigation improvements, including monitoring, shall be completed and accepted by the director of community development prior to beginning activities that will disturb regulated wetlands, or the applicant shall provide the performance and maintenance bond specified in subsection (e)(l)(g) of this section. In either event, the applicant may not take any action that disturbs a regulated wetland or its buffer until the director has reviewed and approved the mitigation plan. 6:1 12:1 3: I 2:1 2:1 6:1 4:1 4: 1 FWcc - EmironmentalIy Sensitive ,'\!-eas Critical Areas Page 14 All wetland- or buffer-disturbing activities, and all mitigation, shall be timed to reduce impacts to existing plants and animals. (5) Inspections. The applicant shall pay for services of a qualified professional selected and retained by the city to review the wetland mitigation report and other relevant information, conduct periodic inspections, issue a written report to the director of community development stating that the project complies with requirements of the mitigation plan, and to conduct and report to the director on the status of the monitoring program. (Ord. No. 90-43, § 2(80.155), 2-27-90; Oed. No. 90-79, § 6, 12-18-90; Ord. No. 91-105, § 4(80.155),8-20-91; Oed. No. 91-123, § 3(80.155),12-17-91; Oed. No. 99-353, § 3, 11-16-99) 22-1359 buffers. (a) Generally. Except as allowed in this section, no land surface modification may take place and no structure or improvement may be located within a regulated wetland buffer. (b) Buffer averaging. Buffers may be averaged only when the wetland or the buffer which is proposed to be reduced contains habitat types which have been so permanently impacted that reduced buffers do not pose a detriment to the existing or expected habitat functions. Through process III, the applicant must demonstrate to the satisfaction of the director of community development that the proposed buffer averaging will meet all of the following criteria: . (1) Reduced buffers will not affect the water quality entering a wetland or stream; (2) Reduced buffers will not adversely affect the existing quality of wildlife habitat within the wetland or the buffer; (3) Reduced buffers will not result in unstable earth conditions nor create erosion hazards; and (4) Reduced buffers will not be detrimental to any other public or private properties, including the ,loss of open space. . At no point shall the buffer width be reduced to less than 50 percent of the required standard buffer width, unless the buffer, in existing conditions, has already been permanently eliminated by previous, legally permitted actions. The total area contained within the buffer after averaging shall be equal to the area required for standard buffer dimensions. (c) Essential public facilities, puQlic utilities and other public improvements. The director of community development may permit the placement of an essential public facility, public utility or other public improvements in a regulated wetland buffer if he or she determines that the line or improvement must traverse the buffer because no feasible or alternative location exists based on an analysis of technology and system efficiency. The specific location and extent of the intrusion into the buffer must constitute the minimum necessary encroachment to meet the requirements ofthe public facility or utility. (d) Minor improvements. Minor improvements such as footbridges, walkways and benches may be located within the buffer from a regulated wetland if approved through process III, based on the following criteria: (1) It will not adversely affect water quality; (2) It will not adversely affect the existing quality of the wetland's or buffer's wildlife habitat; (3) It will not adversely affect drainage or stormwater retention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; and (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole. . (e) Buffer reduction. Through process III, the director of community development may reduce the standard wetland buffer width by up to 50 percent, but in no case to less than 25 feet, on a case-by-case basis, if the project includes a buffer enhancement plan which utilizes appropriate native vegetation and clearly substantiates that an enhanced buffer will improve and provide additional protection of wetland functions and values, and where one pf the following conditions can be demonstrated: Structures, improveme~ts and land surface modification within regulated wetland FWcc - Environmentally SeRsÎtive Areas Critical Areas Page 15 (1) Existing conditions are such that the required standard buffer exists in a permanently altered state (e.g., roadways, paved parking lots, permanent structures, etc. which does not provide any buffer function, then the buffer can be reduced for that portion where the intrusions are existing. (2) Except for Category I wetlands, existing conditions are such that the wetland has been permanently impacted by adjacent development activities, as evidenced by such things as persistent human alterations or the dominance of non-native invasive species. (3) A project on an existing single-family lot platted prior to the incorporation of the city, where imposition of the standard buffer would preclude reasonable use of the lot.. The director shall have the authority to determine if buffer averaging is warranted on the subject property and, if so, may require additional buffer area on other portions of the perimeter of the sensitive area. (f) Modification. Other than as specified in subsections (b) and (c) of this section, the city may approve any request to locate an improvement or engage in land surface modification within the buffer from a regulated wetland through process N, based on the following criteria: (1) It will not adversely affect water quality; (2) It will not adversely affect the existing quality ofthe wetland's or buffer's wildlife habitat; (3) It will not adversely affect drainage or stormwater retention capabilities; (4) It will not lead to unstable earth conditions nor create erosion hazards; and (5) It will not be materially detrimental to any other property in the area of the subject property nor to the city as a whole, including the loss of open space. Any modification under this subsection shall not reduce the standard buffer by more than 50 percent, and in no case shall the remaining buffer be less than 25 feet. The city may require, as a condition to any modification granted under this subsection, preparation and implementation of a wetland buffer enhancement plan to protect wetland and buffer functions and values. (g) Revegetation. The applicant shall stabilize all areas left exposed after land surface modification with native vegetation normally associated with the buffer. (h) Buffer increases. The director shall require increased environmentally sensitive area buffer widths on a case-by-case basis when the director determines that a larger buffer is necessary to protect environmentally sensitive area functions, values or hazards based on site-specific conditions. This determination shall be supported by appropriate documentation showing that additional buffer width is reasonably related to protection of environmentally sensitive area functions and values, or protection of public health, safety and welfare. Such determination shall be attached as permit conditions. The determination shall demonstrate that at least one of the following factors are met: (1) There is habitat for species listed as threatened or endangered by state or federal agencies present within the sensitive area and/or its buffer, and additional buffer is necessary to maintain viable functional habitat; (2) There are conditions or features adjacent to the buffer, such as steep slopes or erosion hazard areas, which over time may pose an additional threat to the viability of the buffer and/or the sensitive area. In such circumstances the city may choose to impose those buffers, ifany associated with the condition or feature posing the threat in addition to; or to a maximum, beyond the buffer required for the subject sensitive area. (Ord. No. 90-43, § 2(80.160), 2-27-90; Oed. No. 90-79, § 7, 12-18-90; Oed. No. 91-105, § 4(80.160),8-20-91; Oed. No. 91-123, § 3(80.160),12-17-91; Ord. No. 99-353, § 3,11-16-99) 22-1360 - 22-1368 Reserved. Division 8. Regulated Well Heads 22-1369 Criteria. Any well constructed after March I, 1990, must comply with the siting criteria of Chapter 173-160 WAC. Any improvement or use on the subject property erected or engaged in after March 1, 1990, must FWcc - Environmentally Sensitive Areas Critical Areas Page 16 comply with the requirements in Chapter 173-160 WAC regarding separation of wells from sources of pollution. (Ord. No. 90-43, § 2(80.70), 2-27-90) 22 1370 22 1375 Reserved. Division 9. Critical Aquifer Recharee Areas and Wellhead Protection Areas 22-1370 Limitations. This division regulates develop~ent activities and land surface modifications within designated wellhead capture zones. Wellhead Capture Zones L 2, and 3 are designated as critical aquifer recharge areas under the provisions of the Growth Management Act (Chapter 36.70A RCW) and are established based on proximity to and travel time of groundwater to the city's public water source wells. 22-1371 Classification ofwellhelld capture zones. The Lakehaven Utility District (LUD) has designated three wellhead capture zones based on proximity to and travel time of groundwater to the city's public water source wells: (a) Wellhead Capture Zone 1 represents the land area overlaying the one-year time-of-travel zone of any public water source well owm~d by LUD. (b) Wellhead Capture Zone ~ represents the land area overlaying the five-year time-or-travel zone of any public water source well owned by LUD, excluding the land area contained in Wellhead Capture Zone 1. (c) Wellhead Capture Zone 3 represents the land area overlaying the IO-yeartime-of-travel zone of any public water source well owned by LUD, excluding the land area contained in Wellhead Capture Zones 1 or 2. 22-1372 General requirements. (I) Activities may only be perm*ed in a critical aquifer recharge area and wellhead protection area if the applicant can show that the proposed activity will not cause contaminants to enter the aquifer; (2) The city shall impose develogment conditions to prevent degradation of the critical aquifer recharge and wellhead protection area. All conditions to permits shall be based on known, available, and reasonable methods of prevention control and treatment (AKAR T). (3) The proposed activity must c9mply with the water source protection requirements and recommendations of the Federal Environmental Protection Agency, State Department of Ecology, State Department of Health, and the King County Health Department. (4) The proposed activity must be designed and constructed in accordance with the King County Surface Water Design Manual (KCSWDM), the Federal Way Addendum to the KCSWDM, and the King County Storm water Pollution Control Manual (EMP manual). 22-1373 Prohibited activities in wellhead capture zone 1. (1) Land uses or activities for development that pose a significant hazard to the city's groundwater resources resulting from storin~, handling, treating, using, producing, recycling, or disposing of hazardous materials or other deleterious substances shall be prohibited in Wellhead Capture Zone I. These land uses and activities includ~, but are not limited to: a. On-site community sewage disposal systems as defined in Chapter 248-272 WAC; b. Hazardous liquid pipelines as defined in Chapter 81.88 RCW; c. Solid waste landfills; d. Solid waste transfer stations; e. Liquid petroleum refining, reprocessing, and storage; f. The storage or distribution of gasoline treated with the additive MTBE; FWcc - En':ironmentally Sensitive .\reas Critical Areas Page 17 g. Hazardous waste treatment. storage. and disposal facilities (except those defined under permit by rule for industrial wastewater treatment processes per Chapter 173-303-802f5l(c) WAC); h. Chemical manufacturing. including but not limited to. organic and inorganic chemicals. plastics and resins. pharmaceuticals. cleaning compounds. paints and lacquers. and agricultural chemicals; i. Dry cleaning establishments using the solvent perchloroethylene; i. Primary and secondary metal industries that manufacture. produce. smelt. or refine ferrous and non-ferrous metals from molten materials; k. Wood treatment facilities. including wood preserving and wood products preserving; I. Mobile fleet fueling operations; m. Mining (metal. sand. and gravel); and n. Other land uses and activities that the city determines would pose a significant groundwater hazard to the city's groundwater supply. (2) Use List Not Exhaustive. The uses listed in FWCC 22-1379(1) represent the state of present knowledge and most common description of said uses. As other polluting uses are discovered. or other terms of description become necessary. they will be added to the list of uses prohibited within this zone. 22.1374 Ret!ulatioo offacilities hand lint! and storiot! hazardous materials. (1) Any land uses and activities located in critical aquifer recharge areas (wellhead capture zones L 2. and 3) shall submit a Hazardous Materials Inventory Statement with a development permit application. Eift.gh~ familj" n~siß~ft.tial \lS~B @fhazarß@\lB mat~rials @r ß~I~t@ri@\lB Ba\1Btaft.tH~B M~ tm~mpt fr@m this r~qtiin~m~n.t. but must f @ItÍQrm t@ tk@B~ ff rf@rman.ßf BtMdarßB ift. FWCC 22 1375.1. In. aßditi@n.. 0Qn- going operation and maintenance activities of public wells by public water providers are exempt from these requirements. (2) Land uses and activities that involve the use. storage. transport. or disposal of hazardous materials as defined in FWCC 22~ L in quantities equal or greater to 20 gallons liquid. or 200 pounds solid. shall submit a Hydrogeologic Critical Area Assessment Report and a Spill Containment and Response Plan. which shall at the minimum conform to the performance standards in FWCC 22-1381. (3) A Hydrogeologic Critical Area Assessment Report shall be prepared by a qualified groundwater scientist to determine the potential impacts of contamination on the aquifer. The report shall include the following site and proposal related information. at a minimum: (a) Information regarding geologic and hydrogeologic characteristics of the site. including the surface location ofthe wellhead capture zone in which it is located and the type of infiltration of the site. (b) Groundwater depth. flow direction. and gradient. (c) Location of other critical areas. including surface waters. within 200 feet of the site; (d) Best Management Practices (BMPs) and Integrated Pest Management (IPM) proposed to be used. including: i. Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water features; ii. Predictive evaluation of contaminant transport based on potential releases to groundwater; and iii. Predictive evaluation of changes in the infiltration/recharge rate. (4) A Spill Containment and Response Plan is required to identify equipment and/or structures that could fail. and shall include provisions for inspection as required by the applicable state regulations. (5) A Groundwater Monitoring Plan may be required to monitor quality and quantity of groundwater. surface water runoff. and/or site soils. The city may require the owner of a facility to install one or more groundwater monitoring wells to accommodate the required groundwater monitoring. Criteria used to determine the need for site monitoring shall include. but not be limited to. the proximity of the facility to production or monitoring wells. the type and quantity of hazardous materials on site. and whether or not the hazardous materials are stored in underground vessels. FWcc - Environmeatally Seasitiye Areas Critical Areas Page 18 (6) The city may employ an outside consultant at the applicant's expense for third-party review of the Hydrogeologic Critical Area Assessment Report, the Spill Containment and Response Plan, and the Groundwater Monitoring Plan. . 22-1375 Performance Standards. . (1 ) Wellhead Capture Zone 1. AI1Y new or existing use applying for a development permit within wellhead capture zone L which involves storing, handling, treating, using, producing. recycling, or disposing of hazardous màterials or other deleterious substances shall comply with the following standards: (a) Secondary containment: i. The owner or operator of any facility or activity shall provide secondary containment for hazardous materials, or other deleteripus substances, in a~gregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid, or in quantities specified in the International Fire Code, whichever is smaller. ii. Hazardous materials stored in tanks that are subject to regulation by the Washington State Department of Ecology under Chapt~r 173-360 WAC (Underground Storage Tank Regulations) are exempt from the secondary containm~nt requirements of this section, provided that documentation is provided to demonstrate compliance with those regulations. (b) Stormwater infiltration systems. Design and construction of new stormwater infiltration systems must address site-specific risks of releases posed by all hazardous materials on site. These risks may be mitigated by physical design means, or equivalent best management practices. in accordance with an approved Hazardous Materials Management Plan. Design and construction of said stormwater infiltration systems shall also be in accordance with the KCSWDM, as amended by the City of Federal Way, and shall be certified for compliance with the requirements ofthis section by a professional engineer or engineering geologist registered in the State of Washington. (c) Protection standards during construction. The following standards shall apply to construction activities occurring where construction vehicles will be refueled on site, and/or the quantity of hazardous materials that will be stored, dispenstfd, used,. or handled on the construction site is in aggre~ate quantities equal to or greater than 20 gallons liquid or 200 pounds solid, exclusive of the quantity of hazardous material contained in fuel or fluid reservoirs of construction vehicles. As part ofthe city's project permitting process, the city may require any or all of the following items: i. Detailed monitoring aq.d construction standards; ii. Designation of a person on site during operating hours who is responsible for supervising the use, storage, and handling of hazardous materials, and who has appropriate knowledge and training to take mitigating actions necessary in the event of a fire or spill; iv. Hazardous material s1orage, dispensing, refueling areas, and use and handling areas shall be provided with secondary containment adequate to contain the maximum release from the largest volume container of hazardous substances stored at the construction site; v. Practices and procedures to ensure that hazardous materials left on site when the site is unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked fuel tanks on construction vehicles, or other techn~ques may be used to preclude access; vi. Practices and procedures to ensure that construction vehicles and stationary equipment that are found to be leaking fuel. hydraulic fluid, and/or other hazardous materials will be removed immediately, or repaired on-site immediately. The vehicle or equipment may be repaired in place, provided the leakage is completely contained; vii. Practices and procedures to ensure that storage and dispensing of flammable and combustible liquids from tanks, containers, and tank trucks into the fuel and fluid reservoirs of construction vehicles or stationary equipment on the construction site are in accordance with the International Fire Code; and FWcc - Environmentally Sensiti'i6 ¡'.Teas Critical Areas Page 19 viii. Practices and procedures. and/or onsite materials adequate to ensure the immediate containment and cleanup of any release of hazardous substances stored at the construction site. On site clean up materials may suffice for smaller spills. whereas cleanup of larger spills may require a subcontract with a qualified cleanup contractor. Releases shall immediately be contained. cleaned up, and reported if required according to state requirements. (2) Wellhead capture zones 1. 2, and 3. Any new or existing use applying for a development permit within all wellhead capture zones (1. 2. and 3), which involves storing, handling. treating, using. producing, recycling. or disposing of hazardous materials. or other deleterious substances. shall comply with the following standards: (a) Vehicle fueling. maintenance, and storage areas. Fleet and automotive service station fueling. equipment maintenance, and vehicle washing areas shall have a containment system for collecting and treating all runofffrom such areas and preventing release of fuels. oils, lubricants. and other automotive fluids into the soil. surface water. or groundwater. Appropriate emergency response equipment shall be kept on site during the transfer, handling. treatment, use. production. recycling. Or disposal of hazardous materials or other deleterious substances. . (b) Loading and unloading areas. Secondary containment or equivalent best management practices, as approved by the Director of Community Development.Services. shall be required at loading and unloading areas that store. handle. treat. use, produce. recycle, or dispose of hazardous materials, or other deleterious substances, in aggregate quantities equal to or greater than 20 gallons liquid or 200 pounds solid. . (c) Fill materials. Fill material shall not contain concentration of contaminants that exceed cleanup standards for soil as specified in the Model Toxics Control Act (MTcA). An Imported Fill Source Statement is required for all projects where more than 100 cubic yards of fill will be imported to a site. The city may require analytical results to demonstrate that fill materials do not exceed cleanup standards. The Imported Fill Source Statement shall include: i. Source location of imported fill; ii.Previous land uses of the source location; and iii. Whether or not fill to be imported is native. undisturbed soil. (d) Best management practices. All development or redevelopment shall implement best management practices (BMPs) for water quality and quantity. as approved by the Director of Community Development Services. Such practices include biofiltration swales and use of oil-water separators, BMPs appropriate to the particular use proposed. cluster development. and limited impervious surfaces. 22-1375.1 Use of pesticides. herbicides. and fertilizers in critical aquifer recharee areas and wellhead protection areas. (1) R08id0Dtial H80. ,A.ppli0ati@ft @fh@H80h@ld P08ti0Ï€10B. h0l'biÛd88,and f01'1:ilii'J0fB shall ft@t 01(0003 tim0B. rat0B. 0@ft00fttrati@ftB, and h~0ati€)ft8 BfJ00ifi0d €)ft tft0 pa0liagiftg. (2) Oth0f H808. Proposed developments with maintained landscaped areas greater than 10.000 square feet in area shall prepare an Operations and Management Manual using Best Management Practices (BMPs) and Integrated Pest Management (IMP) for fertilizer and pesticide/herbicide applications. The BMPs shall include recommendations on the quantity. timing. and type of fertilizers applied to lawns and gardens to protect groundwater quality. 1:\2004 Code Amendments\ Wellhead Protection\LUTC\Environmentally Sensitive Areas.doc/09127/2004 2:31 PM FWcc - Environmentally Sensitive ¡ueas Critical Areas Page 20 EXHIBIT 4 SEPTEMBER 22, 2004, . NOTIFICATION OF OWNERS OF COMMERCIAL PROPERTY WITHIN CARAS/WELLHEAD PROTECTION AREAS CITY OF .;.~ Federal Way MEMO RAND UM September 22, 2004 . To: FROM: Property Owners in Critical Aquifer Recharge and Wellhead Protection Areas Kathy McClung, Director of Community Development Services ~ Margaret H. Clark:, AICP, Senior Planner ~ . SUBJECT: Proposed Adoption of Critical Aquifer Recharge and Wellhead Protection Areas Regulations, File No: {)4-102618-00-UP . The City of Federal Way is in the process of amending the Federal Way City Code by adopting a Critical Aquifer Recharge Areas and Wellhead Protection Areas Ordinance. These amendments are intended to protect aquifers used as sources of drinking water (Critical Aquifer Recharge Areas [CARAs]) and zones around the Lakehaven Utility District's wells. The City is required by-the Growth Management Act to adopt regulations to protect CARAs. In addition, the Lakehaven Utility District is required under Federal and State law to implement a wellhead protection program. The Lakehaven Utility District has identified one-year, five-year, and ten-year capture zones, which comprise the Wellhead Protection Areas and Critical Aquifer Recharge Areas. Capture zones are based on established times of travel, or in other words, the amount of time it takes for a particle of water at the zone boundary to travel to the well site. The attached 8~ x 11 size maps show the different capture zones. You are being sent this correspondence because your property (parcel) has been identified as falling within one of these capture zones. You may receive more than one notification because you have a number of parcels that fall within different capture zones. Specific regulatiçms pertain to different capture zones. Please be aware tit at the majority of parcels will not be affected by tlteS!. regulations. Only those businesses tltat store or utilize Itazardous materials in excess of 20 gallons liquid or 200 pounds solid will be affected. Maty of these businesses have already been previously notified by the Lakehaven Utility District that their properties are located within a wellhead protection zone. The City's Land Use Transportation.Committee (LUTC) will consider these amendments during a public meeting starting at 5:30 p.m. on October 4,2004, in the Council Chambers of the Federal Way City Hall, 33325 8th Avenue South, PO Box 9718, Federal Way, W A 98063-9718. Any person may submit written comments to the LUTC prior to or during the meeting, and/or may present them verbally during the meeting. The official file is available for public review at the Department of Community Development Services (at the address above). For additional information on this code amendment, please call Senior Planner Margaret Clark at 253-835-2646 during normal business hours (Monday to Friday, 8:00 a.m. to 5:00 p.m.). I:lMargaret Correspondence\Aquirec Recharge Notice.doclO9l2lŒJO4 4:28 PM 1/"7'---""1;- - - --"'\ i / . 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'1'£ / .I / / / / / CITY OF FEDERAL WAY COMPREHENSIVE PLAN WELLHEAD 1 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT /\1 F~deral Way City Umlts / \ I Potential Annexation Boundary N 1 Yr, Capture Zone i.,:: Wells SoUl'ee: Lekehaven Utility DfStrlet. a ~lIe å Fe"deraf Way NOTE: Tn!! map It Intend<d tor u.. as a grapnlcal "prmntatlon only, Tn, City 01 Feneral Way maJ<.. no warranty as to lit _racy ..""..."""", ...."""""n"","'"." A Federal Way f' "'LL. (-"T~~<VT ---,._'~\ . ","" '," : ~ \t "\ ",\,<,,:,:~,-,,';i,%h:<~r-' r¡ Î~ ) ',,',':,"';;~{,.':,;,t,,',',',:,",.',',',:,"',";~~"""','"",,",.""""'".,,,,>/~ J."$! ~J ~, I' ::',"..'. :',..,'.',:".:','<,:' ,""..,'- lifL ;:r ]~ .1 "..;i.",:.<;>,,)'Y;:..1 ':z: 11:, \! ";';"""l':. 1 ~1._..~~_m'_,r.._i.;¡UtllJcr m"r...J ........., .- I.. !J~\ II' . ...- , " ò( " I ..,,' '!'- \ ~' I ....-"" "..1.1", 'e , ,.' . // I \3H~ WoJIH ¡ , """* i o~1"f"?'; '" /, " ii' ¡ ."--'. 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Potential Anne¡<:atlon Boundary N 5;""r, Capture Zone 8 Wells ',Î' ,-", Source: Lekeh8ven Utmty District, 0 1 Mile .-...._--_. ,.,1 A F'éderal Way NOTE: Tn!! map is Int.need for use as a orapl1~aI rop'",ntatlon on~. The CI1y Of r.aml Way makrs no warranty as to Its alXuracy '" "'m"~.,"" ."""""""'_.......,,... ~ CITY OF ~ Federal W!y I ¡---.------------ -----..--.---... ¡ .--- .-. -.-------.--.--.-----.- .....-.- w+. PugetSound .. " '...-. ~/'" ~'o/ , .....' ' ./ :.. ~.. "'.. i .--// 1'/- \( I /- I / MIlMJ:!.-WAJ:.._.._.... . CITY OF FEDERAL WAY COMPREHENSIVE PLAN WELLHEAD 10 YEAR CAPTURE ZONES NATURAL ENVIRONMENT ELEMENT /\/ 1\' Federal WF!.' City Umlts Polenlial AnnexF!.tlon Boundary 10 Yr. Capture Zone Wells N /i:." Source: L.kehaven Utility District. 0 1 Mile .,..".- A Fëderal Way NOTE: This mAp IS Inlended for ult IS a graphical representation on~. The City Of FederAl Way makes no warranl)' as to Its .a:urACy .",--""..., M"",""J.Y~ EXHIBIT 5 , FWCC CHAPTER 22, ARTICLE IV, "NONCONFORMANCE" FEDERAL WAY CITY CODE CHAPTER 22. ARTICLE IV. NONCONFORMANCE Sections: 22-325 Purpose and intent. 22-326 Administration. 22-327 When conformance is required. 22-328 Regulations applicable to nonconforming use. 22-329 Abatement of nonconformance that was illegal when initiated. 22-330 Immediate compliance with certain provisions required. 22-331 Certain nonconformances specifically regulated - Generally. 22-332 Nonconforming use. 22-333 Nonconforming procedure. 22-334 Nonconforming development. 22-335 Nonconforming signs. 22-336 When public improvements must be installed. 22-337 Nonconforming water qq.ality improvements. 22-338 Special provisions for residential uses. 22-338.1 Nonconforming accessory dwelling units. 22-338.2 Nonconforming adult entertainment, activity, retail, or use. 22-339 Special provisions for compliance with government regulations. 22-340 Special provisions for critical aquifer recharge areas and wellhead protection areas. 22 310 22-341 Prohibition on increasing nonconformance. ~ 22-342 Applicability of uniform building codes. 2231222-243 Special provision for damaged improvements. ~ 22-344 Appeals. 22 311 Reserved. 22~325 Purpose and intent. The purpose of this article is to allow for the continuance and maintenance of legally established nonconforming uses and structures, and to provide standards delineating the circumstances in which nonconforming uses and structures must be brought into conformance with the standards and provisions prescribed within this chapter. In particular, the intent of this article is to: (1) Ensure a reasonable opportunity for use oflegally created lots which do not meet current minimum code requirements for the zoning district in which they are loçated. (2) Ensure a reasonable opportunity for us.e, maintenance and minor improvement of legally constructed buildings, structures and site development features, encourage a reasonable opportunity for a change of tenants using such buildings, structures, or features, even where those buildings, structures and features do not comply with development regulations prescribed by this chapter, and provide more flexibility relative to structures and developments that were built in accordance with the codes and laws in effect at the time of construction. (3) Ensure a reasonable opportunity for continuation oflegally established uses which do not conform to use regulations for the zo¡ning district in which they are located. (4) Encourage the replacement of nonconforming uses having potentially undesirable impacts on conforming uses. (5) Encourage the upgrading of nonconforming buildings, structures and site development features which do not comply with development regulations prescribed by this chapter. (Ord. No. 97-307, § 3,12-16-97) . 22-326 Administration. . This articl~ establishes when and under what circumstances nonconforming aspects of a use or development must be brought into conformance with this chapter. The provisions of this article should be used only if there is some aspect of the use or development on the subject property that is not permitted under this chapter. (Ord. No. 90-43, § 2(165.05),2-27-90; Ord. No. 91-113, § 4(165.05), 12-3-91; Ord. No. 92- 135, § 3(165.05),4-21-92; Ord. No. 92-144, § 3(165.05), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) 22-327 When conformance is required. If an aspect, element, activity or use of or on the subject property conformed to the applicable zoning chapter in effect at the time that aspect, element, activity or use was constructed or initiated, that aspect, element, activity or use may continue and need not be brought into conformance with this chapter unless.a provision of this article requires conformance. (Ord. No. 90-43, § 2(165.10), 2-27-90; Ord. No. 91-113, § 4(165.10), 12-3-91; Of(~. No. 92-135, §3(165.IO), 4-21-92; Ord. No. 92-144, § 3(165.10), 6-16-92; Ord. No. 97- 307, § 3,12,.16-97) , . 22-328 Regulations applicable to nonconforming use. If a use is nonconforming in the zone in which it is located, this chapter does not establish applicable dimensional or other regulations. If the use is a legal nonconforming use, the city will, in order to identify applicable regulations, determine the zone that allows the uses most similar to the nonconforming use and apply the development regulations of that zone. Ifthe use is a legal nonconforming use that is allowed in one or more zones other than the zone in which it is located, the city determine the zone most similar to the zone in which the nonconforming use is located and apply the development regulations of that zone. (Ord. No. 90-43, § 2(165.15), 2-27-90; Ord. No. 91-113, § 4(165.15),12-3-91; Oed. No. 92-135, § 3(165.15),4-21- 92; Ord. No. 92-144, § 3(165.15),6-16-92; Ord. No. 97-307, § 3,12-16-97) . 22-329 Abatement of nonconformance that was illegal when initi~ted. (a) Generally. Except as specified in subsection (b) ofthis section, any nonconformance that was illegal when initiated must immediately be brought into conformance with this article. The city may, using the provisions of Article IV of this chapter or any other applicable law, immediately abate any nonconformance that was illegal when initiated. (b) Exceptions. If a nonconformance has ever been in complete conformance with an applicable zoning code it may continue to exist subject to the provisions of this article, and it is not subject to abatement under subsection (a) of this section. (Ord. No. 90-43, § 2(165.20), 2-27-90; Ord. No. 91-113, § 4(165.20), 12-3-91; Ord. No. 92-135, § 3(165.20),4-21-92; Ord. No. 92-144, § 3(165.20), 6-16-92; Ord. No. 97- 307, § 3, 12-16-97) 22-330 Immediate compliance with certain provisions required. (a) Generally. Regardless of any other provision ofthis article, the following nonconformances must be immediately brought into confo~ance with the applicable provisions of this chapter: (1) Nonconformance with the noise standards in FWCC 22-956; (2) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 22-951; (4) Nonconformance with the radiation standards in FWCC 22-959; (5) Nonconformance with the air quality standards in FWCC 22-947; (6) Nonconformance with the standards in the Uniform International Fire Code and FWCC 8-51 through 8-120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; FWcc - Nonconformance Page 2 (7) Nonconformance with the odor standards in FWcc 22-958; (8) Nonconformance with the provisions in FWCC 22-1111 et seq.; regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22-952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22-950; (11) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (12) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b) Abatement. The city may, using any of the provisions of FWcC 22-121 et seq. or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a) of this section. (Ord. No. 90-43, § 2(165.25), 2-27-90; Ord. No. 91-113, § 4(165.25), 12-3-91; Oed. No. 92-135, § 3(165.25),4-21-92; Ord. No. 92-144, § 3(165.25), 6-16-92; Oed. No. 97-307, § 3, 12-16-97) 22-331 Certain nonconformances specifically regulated - Generally. (a) FWCC 22-332 through 22-336 specify when and under what circumstances certain nonconformances must be corrected. If a nonconformance must be corrected under this section, the applicant must, as part of the application for any development permit, submit all information that the city reasonably needs to review the correction. In addition, the city will not issue a certificate of zoning compliance or permit occupancy until the correction is made. (b) If FWCC 22-330 applies to a specific nonconformance, the provisions of this section do not apply to that same nonconformance. (Ord. No. 90-43, § 2(165.35(1», 2-27-90; Ord. No. 91-113, § 4(165.35(1», 12-3- 91; Ord. No. 92-135, § 3(165.35(1»,4-21-92; Ord. No. 92-144, § 3(165.35(1», 6-16-92; Oed. No. 97-307, § 3,12- 16-97) 22-332 Nonconforming use. Any nonconforming use must be terminated if: (I) The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the nonconforming use; (2) Other than as specified in subsection (I) of this section, the applicant is making changes or alterations or doing work, other than normal maintenance, in anyone consecutive 12-month period to any structure that houses or supports the nonconforming use and the fair market value of that change, alteration or work exceeds 15 percent of the assessed or appraised value of that structure. The applicant may provide an appraisal of the structure on the subject property. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal fTom a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used; (3) The subject property has been abandoned. (Ord. No. 90-43, § 2(165.35(2», 2-27-90; Ord. No. 91- 113, § 4(165.35(2», 12-3-91; Ord. No. 92-135, § 3(165.35(2», 4-21-92; Ord. No. 92-144, § 3(165.35(2»,6-16-92; Oed. No. 97-307, § 3,12-16-97) 22-333 Nonconforming procedure. Repealed by Ord. No. 97-307. (Ord. No. 90-43, § 2(165.35(3», 2-27-90; Oed. No. 91-113, § 4(165.35(3», 12-3-91; Oed. No. 92-135, § 3 (165.35(3»,4-21-92; Ord. No. 92-144, § 3 (165.35(3», 6-16-92.) 22-334 Nonconforming development. If any aspect, structure, improvement or development does not conform to the development regulations prescribed in this chapter, that aspect, structure, improvement or development must be brought into conformance or otherwise improved as set forth below. FWcc - Nonconformance Page 3 (1) Change of use - Single-tenant site. If any applicant proposes a change of use on property used or occupied by a single tenant or use, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply to the entire site. (2) Change of use - Multi-tenant site. If an applicant proposes a change of use on only a portion of property occupied by multiple tenants or uses, the applicant shall meet those provisions determined by the director to be reasonably related and applicable to the change of use. These provisions shall apply only to that geographic portion of the site related to the use or tenant space on which the change is proposed. (3) IncreaSe in gross floor area. If an applicant proposes to increase the gross floor area of any use on the subject property in anyone of the following ways, the applicant shall comply with the development reg1,llations in effect at the time of the proposal, as specified below: . a. Ifexpansion of gross floor area of an existing building occurs eitherthrough addition of new floors within the structure or enlargement of the existing building footprint, the applicant shall comply with all development regulations in effect at the time the expansion is proposed. If the property on which the expansion is proposed is occupied by multiple tenants or uses, the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the expansion is proposed; or b. If a new and separate structure is being constructed on an already developed site, the applicant shall comply with all development regulations applicable to the geographic portion ofthe site on which the new structure and any related improvements are to be constructed; or . c. If the increase in gross floor area involves an existing single-family residential dwelling, the applicant shall comply with the development regulations in effect at the time of the proposal. For single-family residences, existing nonconformities may remain and continue so long as the existing nonconformities are not being increased or expanded in any way. New construction or renovation which involves the increase in gross floor area of a nonconforming single-family structure is subject to all applicable requirements of this Code including but not limited to provisions related to environmentally sensitive areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). (4) Abandonment. If an applicant proposes any work, including tenant improvements, on property that has been abandoned. The applicant shall comply with all development regulations applicable to the subject property, to the extent physically or technically practicable on the site. (5) The use conducted on the subject property has ceased for more than one year, in which case the applicant shall repair and/or restore the improvements on the site (e.g., drainage, landscaping, curbing, parking, parking lot landscaping, etc.) to a condition as near as physically possible to the condition required by the requirements of approval of the existing development. (6) The applicant is making any alteration or changes or doing any work, other than normal maintenance or other than tenant improvements, in anyone consecutive 12-month period to an improvement that is nonconforming and the fair market value of the alteration, change or other work exceeds 50 percent ofthe assessed or appraised value ofthat improvement. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the city. The director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. In the event this' subsection is triggered with respect to a single-tenant or single-occupant site, the applicant shall meet all development regulations applicable to the property. In the event this subsection is triggered with respect to a site occupied by multiple tenants or uses; the applicant shall comply with those development regulations applicable to the geographic portion of the site on which the alteràtion, change or improvement is proposed. For purposes of this determining value under this section, improvements required pursuant to FWCC 22-334 (nonconforming development), 22-336 (street/sidewalk FWcc - Nonconformance Page 4 improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection. This section does not govern 'application of Article XIX, community design guidelines; application of Article XIX is governed by FWCC 22-1630 through 22-1639, as amended. This section also does not govern application of development regulations relating to water quality, signs, or street/sidewalk improvements; application of those development regulations is governed by FWCC 22- 337,22-335,22-336 and 22-1472, aU as amended. (Ord. No. 90-43, § 2(165.35(4», 2-27-90; Ord. No. 91-113, § 4(165.35(4», 12-3-91; Ord. No. 92-135, § 3(165.35(4»),4-21-92; Ord. No. 92-144, § 3(165.35(4», 6-16-92; Oed. No. 97-307, § 3, 12-16,97; Ord. No. 02-420, § 3,7-2-02) *Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-334 to read as herein set out Fonnerly, such section pertained to certain nonconfonnance specifically regulated - nonconforming parking. 22-335 Nonconforming signs. (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, this section provides for up to. 1 0 years of continued use of a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective ~te of this Code, February 28, 1990, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code, Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or b. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonçonforming status and other limitations set forth in this section. (3) Exclusions. No temporary signs, portable signs, special signs, or incidental signs shall be eligible for characterization as legal nonconforming signs. (d) Legal nonconforming sign permit. (I) Required. A legal nonconforming sign permit is required for each legal nonconforming sign. The permit shall be obtained by the sign user or the sign owner, or the owner of the property upon which the sign is located, within 60 days of notification by the city that the sign is legal nonconforming. The permit shall be issued for no fee and ¡;hall expire at the end of the applicable amortization period prescribed in subsection (e) of this section. (2) Necessary information. Applications for a legal nonconforming sign permit shall contain the name and address of the sign user, th~ sign owner and the owner of the property upon which the sign is located, and such other pertinent information as the director of community development may require to ensure compliance with the Code, including proof of the date of installation of the sign. (3) Failure to comply. A legal nonconforming sign for which no permit has been issued within the 60-day period shall within six months be brought into compliance with the Code or be removed. Failure FWcc - Nonconformance Page 5 to comply shall subject the sign user, owner and/or owner of the property on which the sign is located to the remedies and penalties of FWCC 22-1604. (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, and all signs which are made nonconforming by a subsequent amendment to this Code shall be discontinued and ~ removed or made conforming within five years after the da,te of such amendment (collectively the "amortization period"). Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (1) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. . (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to noticeably improve the appearance of the neighborhood and the city any when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection (e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code. Minor deviations from these percentages may be approved by the administrator if he or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; C. The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant or would result in a substantial economic hardship to the applicant because the applicant erected a sign, or made an application for a sign permit, between February 28, 1990, and June 6, 1995, in compliance with the existing sign code; d. The sign complies with the city's minimum sign distance at intersection requirements pursuantto FWCC 22-1151 et seq.; e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not correctly visible; f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (t), the city will process an application for a sign amortization exemption or extension through process I of this Code. (g) Loss of legal nonconforming sign status. All nonconforming signs shall be immediately removed or modified to conform to all the provisions ofthis chapter, and a new permit secured theref.of therefore, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (1) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. FWcc - Nonconformance Page 6 (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other th~n tenant improvements, in any 12-month period to any structure that houses or supports the use with which the nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibitèdsign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a nonconforming sign be either removed or brought into conformance with this Code, shall apply only to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination ofthe legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (h) Historic signs. Nonconforming on-site historical signs may be retained through process II, Article VII of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (I) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. . (i) Government acquisition of property for right-of-way. (1) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (i)(3) of this section. (2) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all ofthe following criteria: a. The enforcement of tQis Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right- of-way expansion and not by any ac~ion of the applicant; b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required setback, complies with all other requirements of FWCC 22-1596 through 22-1629; c. The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWCC 22-1511 et seq.; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. FWcc - Nonconformance Page 7 (3) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections (I) and (2) ofthis section shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor~ and such nonconforming sign shall immediately lose its legal nonconforming designa,tion when one or more of the following events occurs: a. The applicant is making any changes, alteration, or performs any work to the legal nonconforining sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation; or b. The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use. with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed value ofthat structure or improvement, as determined by the King County assessor. The applicant may provide an appraisal of the structure or improvement. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger ofthe two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street! sidewalk improvements) shall not be counted towards the 75-percent threshold, which would trigger application of this subsection. (j) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other.Iaw, including Chapter 47.42 RCW. (Ord. No. 90-43, § 2(165.35 (5», 2-27-90; Ord. No. 91-113, § 4 (165.35(5», 12-3-91; Oed. No. 92-135, § 3 (165.35(5»,4-21-92; Ord. No. 92-144, § 3 (165.35(5», 6-16-92; Oed. No. 95-235, § 3, 6-6-95; Ord. No. 97-307, § 3, 12-16-97; Oed. No. 99-357, § 4,12-7-99; Oed. No. 01-398, § 1,7-17-01) 22-336 When public improvements must be installed. ' Any applicant for a development permit for any type of activity on property on which a nonconformance is located shall provide the improvements required by Article XVI of this chapter, as provided in FWCC 22'-1473, as amended. (Ord. No. 90-43,§ 2(110.20), 2-27-90; Ord. No. 97-307, § 3,12-16- 97) Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-336 to read as herein set out. Fonnerly, such section pertained to nonconfonning signs - nonconfonning buffers and derived from Ord. No. 90- 43, § 2(165.35(6», 2-27-90; Ord. No. 91-113, § 4(165.35(6», 12-3-91; Oed. No. 92-135, § 3(165.35(6»,4-21-92; Ord. No. 92-144, § 3(165.35(6», 6-16-92. 22-337 Nonconforming water quality improvements. This section sets forth the standards when and under what circumstances a structure, improvement or development or property that does not conform to the development regulations. prescribed in Chapter 21 FWcC (as amended) relating to water quality, or does not cónform to the development regulations contained in Article XIIÌ, Division 12, of this chapter (FWCC 22-1196 through 22-1220, as amended) must be brought into compliance with the development regulations in Chapter 21 FWCC pertaining to water quality and Article XIII, Division 12 of this chapter (FWCc 22-1196 through 22-1220, as amended). (1) Redevelopment. Any person proposing to redevelop a structure, improvement, development or property must bring that structure, improvement, development or property into compliance with the development regulations in Chapter 21 FWCC pertaining to water quality and Article XIII, Division 12 of this chapter (FWcC 22-1196 through 22-1220, as amended), where the proposed redevelopment meets or FWcc - Nonconformance Page 8 exceeds the thresholds set forth below. For the purposes of this section, "redevelop" or "redevelopment" means, on an, already developed site; 'the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water systems; or land disturbing activities associated with impervious redevelopment. a. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; b. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; . c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; d. Redevelopment which involves the collection and/or concentration of surface and/or storm water runoff from a drainage area of 5,000 square feet or more; e. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetiand, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; \ f. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "newpollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change In use; g. Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in anyone consecutive 12-month period which exceeds 50 percent ofthe assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the city. The director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the city, the greater of the two amounts shall be used. For purposes of this determining value under this section, improvements required pursuant to FWCC 22-334 (nonconforming dtwelopment), 22-336 (street/sidewalk improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/ sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; h. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, ~s determined by the public works director based on a map, plan, water quality monitoring data or a written policy in existence or implemented by the director prior to . submission of a redevelopment appHcation determined to trigger application of this subsection, where the director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the public works director a stormwater management plan detailing aU of the improvements required by this section, and proceed according to the following subsections. FWcc - Nonconformance Page 9 a. Extent of construction of required water quality improvements. Where the public works director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule: % of Redevelopment % of Water Quality Improvements 0 - 24 25 25 - 49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the dat~ of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval ofthestormwater management plan, a performance bond and bond agreement that: I. Have a term equal to the construction schedule proposed in the plan; and 2. Comply with the applicable requirements of FWcC 22-147 through 22-175, as amended. b. Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. c. Calculation of redevelopment value. Forpurposes of calculating the value of redevelopment in order to apply subsection (2)(a) ofthis section, the public works director shall consider the cost ofthe proposed redevelopment as a percentage of the assessed or appraised value (whichever is greater) of all structures on the subject property. If an appraisal is used, it must be prepared by an MAl appraiser acceptable to the city, and paid for and submitted by the applicant. d. Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application ofthe schedule in subsection (2)(a) based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)( a) shall also be applied to the new plan. (3) Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation ofCC-F (City Core - Frame) or CC-C (City Core - Center) may construct water quality facilities required by this section below grade. Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, amended § 22-337 to read as herein set out. Fonnerly, such section pertained to nonconforming signs - any other nonconformance and derived fTom Oed. No. 90-43, § 2(165.35), 2-27-90; Ord. No. 91-113, § 4(165.35), 12-3-91; Oed. No. 92-135, § 3(165.35),4-21-92; Oed. No. 92-144, § 3(165.35), 6-16-92. 22-338 Special provisions for residential uses. If the subject property contains a residential use that -became nonconforming as to use or density as a result of the adoption of this chapter, the following regulations apply: (I) If the improvements on the subject property are damaged or destroyed by any sudden cause, the structure may be rebuilt; provided, that the number of dwelling units and the gross floor area in and on the subject property may not be increased from that which existed immediately prior to the damage or destruction and any other nonconformity of or on the subject property may not in any way be increased. The provisions ofthis subsection are only available if the applicant applies for a building permit within 12 months after the sudden damage or destruction and construction is commenced and completed under that building permit. FWcc - Nonconformance Page 10 (2) Other than as specified in subsection (1) of this section, the nonconforming use or density must be corrected if the applicant is making changes, alterations or doing other work, other than normal maintenance, in any 12-month period to any structure on the subject property containing multi-unit housing (attached and/or stacked dwelling units) and fair market value of these changes, alterations or other work exceeds 50 percent of the assessed or appraised value of that multi-unit structure. The applicant may provide an appraisal of the improvement. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger ofthe two amounts shall be used. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to environmentally sensitive areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). (3) Other than as specified in subsection (I) of this section, the nonconforming use or density must be corrected ifthe applicant is making changes, alterations, adding improvements or doing other work other than normal maintenance, in any 36-month period, on the subject property containing a single- family use and fair market value of these changes, alterations, additions or other work exceeds 75 percent of the assessed or appraised value of that single-family structure. Changes, alterations, additions or other work must comply with all bulk, dimensional and other development requirements for a single-family detached dwelling located in the RS 7.2 zone (FWCC 22-631). The applicant may provide an appraisal of the improvement. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears 'to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. Changes, alterations, additions or other work is subject to all applicable requirements of this Code including but not limited to provisions related to environmentally sensitive areas (Article XIV), off-street parking (Article XV), improvements (Article XVI), and landscaping (Article XVII). (Ord. No. 90-43, § 2(165.45),2-27-90; Oed. No. 91-113, § 4(165.45),12- 3-91; Oed. No. 92-135, § 3(165.45), 4-21-92; Oed. No. 92-144, § 3(165.45),6-16-92; Oed. No. 97-307, § 3, 12-16- 97; Ord. No. 02-419, § 3, 7-2-02) *Editor's note - Ordinance No. 97-307, § 3, adopted December 16, 1997, deleted § 22-338. Fonnerly, such section pertained to additional provision if a quasi-judicial decision is required and derived ITom Ord. No. 90-43, § 2(165.40),2-27-90; Oed. No. 91'-113, § 4(165.40), 12-3-91; Ord. No. 92-135; § 3(165.40),4-21-92; Ord. No. 92- 144, § 3(165.40), 6-16-92. Subsequently, the same ordinance renumbered §§ 22-339 - 22-343 as 22-338 - 22-342. 22-338.1 Nonconforming accessory dwelling units. (a) Eligibility. Any nonconforming accessory dwelling unit ("ADD") located within the city limits on the date of adoption of this Code, February 28, 1990, or located in areas annexed to the city thereafter, which does not conform to FWCC 22-613, 22-648, 22-965 or any other provisions of this Code, is eligible for designation as a legal no~conforming ADD provided it meets the following requirements: (1) The ADD was covered by a permit on the date of adoption of this Code, if one was required under applicable law; or (2) If no permit was required under applicable law, the ADD was in compliance with applicable law on the date of adoption of this Code. (b) Allowed. All legal nonconforming ADDs are allowed subject to the provisions related to loss of nonconforming status and other limitations set forth in this chapter. (c) Loss of legal nonconforming ADD status. All nonconforming ADD § shall be immediately removed or modified to conform to all of the provisions of this Code and a permit secured therefor, and shall lose their legal nonconforming designation when one or more of the following events occur: (I) Increase in square footage. The applicant is increasing the gross floor area of any ADD; (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period to any ADD and the FWcc - Nonconformance Page II fair market value of such changes, alterations or other work exceeds 50 percent of the assessed value of that ADU as determined by the King County assessor; (3) Abandonment or cessation of occupancy. The subject property containing the ADU is abandoned for 90 or more consecutive days or the ADU is not occupied for 180 consecutive days; or (4) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (Ord. No. 95-245, § 3(E), 12-5-95; Ord. No. 97-307, § 3, 12-16-97) Editor's note - Provisions enacted by § 3(E) ofOrd. No. 95.245, adopted Dec. 5, 1995, as § 22-339, have been included herein at the discretion ofthe editor as § 22-338.1. 22-338.2 Nonconforming adult entertainment, activity, retail, or use. Any adult entertainment, activity, use, or retail use located within the city limits on the effective date of this Code, which are either made nonconforming by this Code or which are existing nonconforming uses shall be terminated within one year; provided, however, that such termination date may be extended upon the approval of an application filed with thecity's community development director within 120 days of the effective date of this Code provision requesting an extension to such one-year amortization period. The director's decision on whether or not to approve any extension period and the length of such period shall be based upon the applicant clearly demonstrating extreme economic hardship based upon an irreversible financial investment or commitment made prior to February I, 1999, which precludes reasonable alternative uses of the subject property. (Ord. No. 99-347, § 3,8-3-99) 22-339 Special provisions for compliance with .government regulations. The provisions of this section will be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. (1) Oil tanks. Any excavation, development activity or construction performed to comply with the "Underground Storage Tanks; Technical Requirements and State Program Approval; Final Rules" (40 CPR 280 and 281), as now existing or as hereafter amended or with the provisions of Chapter 90.76 RCW, or any regulations adopted thereunder, may not be used as the basis, or part of the basis, for requiring that nonconformance on the subject property be corrected. (2) Governmental acquisition of property for right-of-way expansion. A proposal for structural alterations or change in use shall not trigger a requirement otherwise applicable under FWCc 22-334 that an applicant correct an existing nonconformance as to lot coverage, minimum lot size, parking, landscaping, or setback requirements, if the nonconformance was created solely by a local, state, or federal government acquisition of property for right-of-way expansion, and if the proposal meets the following requirements: . a. The nonconformity is not, in any way, enlarged, expanded, increased, intensified, - compounded, or in any other way made greater; b. The applicant is making any alteration or changes or doing any work, other than tenant improvements and the fair market value of the alteration, change or other work, in anyone consecutive 12-month period, does not exceed 75 percent of the assessed or appraised value of the improvement. The applicant may provide an appraisal of the improvements. The appraisal must be from a source that is acceptable to the city. The community development services director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75-percent threshold which would trigger application of this subsection; and c. The proposal is otherwise consistent with the public health, safety, and welfare. (3) Other government regulations. Other than as specified in subsection (1) ofthis section, the city may, using process IV, exempt a property or use ITom any of the requirements of this article if: FWcc - Nonconformance Page 12 a. The actions or events which form the basis of requiring that nonconformance on the subject property be corrected are necessitated solely to comply with local, state or federal regulation; b. The actions necessitated to comply with those regulations will not significantly extend the expected useful life of the nonconforming aspect; and c. The public benefit of complying with the local, state or federal regulation clearly outweighs the public benefit in correcting the nonconformance. (Ord. No. 90-43, § 2(165.50), 2-27-90; Oed. No. 91-113, § 4(165.50), 12-3-91; Ord. No. 92-135, § 3(165.50),4-21-92; Ord. No. 92-144, § 3(165.50), 6-16-92; Ord. No. 97-307, § 3,12-16-97; Oed. No. 01-398, § 2, 7-17-01) 22-340 Special provisions for critical aquifer recha~e areas and wellhead protection areas. The provisions of this section wiU be followed regardless of any conflicting regulations of this article. Any regulations of this article which do not conflict with the provisions of this section are unaffected by this section. If a nonconformance must be corrected to comply with FWCC Chapter 22. Article XIV. Division 9. the applicant must, as part of the application for any development permit, submit all information that the city reasonably needs to review the correction. In addition. the city will not issue á land use approval or building permit until the correction is made. (1) A Il€HHHHlt:ømlÎllg "Sg m"st he hl'€Jäght iftt€! e€!mfJliatHJe as sfJeBifi.ed ill F'NCC Artiele XIV. Se€Jti€l1l 9 at th€J tim€J that an'," land "SF afJ~r€lval €If huildillg fJBfftlit is afJfJlÌiJd f@f. (I) A nonconforming: use as defined in FWCC 22-1373 mav be continued unless the thresholds of FWCC 22-332 are reached. in which case it shall be terminated. (2) A ft€Hl€J€!llf@mlÎo.g deyel€lfJmellt must he Im:JU~ht iat€l e€lmfJliane€J as sfJe€JiMed ill F\'.TCC Artiele Yd\', Seeti€lll 9 at the time th¥ any land "se afJfJr€!val €!r èuildillg fJ€Jrmit is afJfJli€Jd f€lf. (2) Reg:ardless of the thresholds in FWCC 22-334. anv new or existing: use. aoolving: for a develooment oermit within Wellhead Caoture Zones 1. 2. or 3. must be broug:ht into comoliance with the oerformance standards sDecified in FWCC 22-1375. 22 34022-341 Prohibition on increasing nonconformance. No nonconformance may, in any way, be enlarged, expanded, increased, intensified, compounded or in any other way made greater, except as specifically permitted in this article. (Ord. No. 90-43, § 2(165.55), 2-27-90; Oed. No. 91-113, § 4(165.55), 12-3-91; Oed. No. 92-135, § 3(165.55),4-21-92; Ord. No. 92-144, § 3(165.55),6-16-92; Ord. No. 97-307, § 3,12-16-97) 22.341 22-342 Applicability of uniform buildint! codes. Nothing in this article in any way supersedes or relieves the applicant from compliance with the requirements of the city's building codes, the Uniform International Building Code, the Uniform International Fire Code, and other construction-related codes as adopted and amended from time totime by the city. (Ord. No. 90-43, § 2(165.60), 2-27-90; Ord. No. 91-113, § 4(165.60), 12-3-91; Oed. No. 92-135, § 3(165.60),4-21-92; Oed. No. 92-144, § 3(165.60), 6-16-92; Oed. No. 97-307, § 3, Œ-16-97) 22 342 22-343 Special provision for damaged improvements. If a nonconforming improvement is damaged by sudden accidental cause, that improvement may be reconstructed only if it meets the following requirements and not otherwise: (1) The cost of reconstructing the damaged improvement does not exceed 75 percent of the assessed or appraised value of that improvement prior to the damage. The applicant may provide an appraisal of the improvement which has been damaged. The appraisal must be from a source that is acceptable to the city. The community development director may require the applicant to provide an appraisal form a source acceptable to the city if the assessed valuation appears to be inappropriate. If an appraisal is provided by the applicant or required by the city, the larger of the two amounts shall be used. FWcc - Nonconformance Page 13 (2) The improvement, as reconstructed, is not any more npnconforming than it was immediately prior to the damage. (3) The applicant applies for a building pemiit to reconstruct the damaged improvement within six months of the date of the damage and reconstructs the improvement pursuant to that building permit. (Ord. No. 90-43, § 2(165.30), 2-27-90; Ord. No. 91-113, § 4(165.30), 12-3-91; Oed. No. 92-135, § 3(165.30),4-21- 92; Oed. No. 92-144, § 3(165.30), 6-16-92; Ord. No. 97-307, § 3, 12-16-97) 22 343 22-344 Appeals. Notwithstanding any other provision in this chapter, a decision of the director or the hearing examiner with respect to the application of any provision of this article shall be appealable as part of, and under the process applicable to, any appeal of a decision of the director or the hearing examiner on the underlying application or project for which city approval is sought. (Ord. No. 90-43, § 2(175.10(7), 2-27-90; Ord. No. 97- 291, § 3,4-1-97; Oed. No. 97-307, § 3, 12-16~97) 22 344 Resen'ed. 1:\2004 Code Amendments\Wellhead Protection\LUTC\Nonconformance.doclO912712004 2:28 PM FWÇc - Nonconformance Page 14 EXHIBIT 6 DRAFT ADOPTION ORDINANCE CITY OF FEDERAL WAY ORDINANCE NO. 04 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CHAPTER 18 (ENVIRONMENTAL PROTECTION) AND 22 (ZONING), RELATED TO PROTECTION OF CRITICAL AQUIFER RECHARGE AREAS AND WELLHEAD PROTECTION AREAS WHEREAS, the City of Federal Way adopted Ordinance No. 96-270 in July 1996, which significantly revised the Federal Way City Code (FWCC) Chapter 22 (Zoning); WHEREAS, the City of Federal Way finds that amending FWCC Chapter 18 (Environmental Protection) and FWCC Chapter 22 (Zoning) to add new definitions related to Wellhead Protection Areas and Critical Aquifer Recharge Areas and to modify existing sections of Chapter 22,.. Article IV (Nonconformance); Article XIII, Division 7 (Land Modifications); and Article XIV (Environmentally Sensitive Areas) meet the intent ofRCW 36.70A, Growth Management; WHEREAS, the City of Federal Way finds that these code amendments will implement and are consistent with the Federal Way Comprehensive Plan; WHEREAS, the Planning Commission conducted a duly noticed public hearing on these code amendments on September 1,2004, and forwarded a recommendation of approval to the City Council; WHEREAS, the Land/Use Transportãtion Committee of the Federal Way City Council considered these code amendments on October 4, 2004, following which it recommended adoption of the text amendments as recommended by the Planning Commission; WHEREAS, the City Council finds that the code amendments relating to protection of Wellhead Protection Areas and Critical Aquifer Recharge Areas are consistent with the intent and purpose of FWCC Chapter 22 (Zoning) to provide for and promote the health, safety, and welfare of the general public. Ord No. 04 - ,Page I Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS FOLLOWS: Section L Findings. After full and careful consideration, the City Council ofthe City of Federal Way finds that the proposed code amendments will protect and will not adversely affect the public health, safety, or 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 proposal: I. The proposed FWCC text amendments are consistent with, and substantially implement, the Federal Way Comprehensive Plan concept to preserve the natural environment by adopting policies and regulations to protect the quality of groundwater, aquifer recharge areas, and wellhead protection areas. 2. The proposed amendment bears a substantial relationship to public health, safety, and welfare because it provides regulations that will protect the City's drinking water supply. These regulations establish Critical Aqoifer Recharge Areas and Wellhead Protection Areas, within which certain activities could a present risk of contaminating the City's drinking water supply. A review process is established for proposed activities within these areas whereby potential risks to drinking water can be identified and mitigated through the environmental review process. And 3. The proposed FWCC text amendments are in the best interest of the residents of the City because they provide for increased protection of the residents' primary supply of drinking water. Section 3. Amendment. FW CC Chapters 18 and 22 are amended 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. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ord No, 04 - , Page 2 .( Section 6. Effective Date. This ordinance shall be effective five (5) 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 day of ,2004. ApPROVED: Mayor, Dean McColgan A TIEST: City Clerk, N. Christine Green, cMC ApPROVED AS TO FORM: City Attorney, Patricia A. Richardson FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE No: 1:\2004 Code Arnendments\WeIlhead Protection\LUTC\Adoption Ordinance.doc/09/27/2004 2:42 PM Ord No. 04 - , Page 3