Planning Comm PKT 03-28-2007
City of Federal Way
PLANNING COMMISSION
March 28, 2007
7:00 p.m.
City Hall
Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROV AL OF MINUTES
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
. PUBLIC MEETlNG
Proposed Amendments to the City's
Shoreline Master Program
7. ADDITIONAL BUSINESS
8. AUDIENCE COMMENT
9. ADJOURN
Commissioners
Hope Elder, Chair
Dave Osaki
Merle Pfeifer
Wayne Carlson
Kevin King (Alternate #2)
Dini Duclos, Vice-Chair
William Drake
Lawson Bronson
Richard Agnew (Alternate #1)
Caleb Allen (Alternate #3)
City Staff
Kathy McClung, CDS Director
Margaret Clark, Senior Planner
E. Tina Piety, Administrative Assistant
253-835-2601
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K:\pranning Commission\2007\Agenda 03-28-07.doc
CITY OF FEDERAL WAY
PLANNING COMMISSION MEMO
DATE:
TO:
FROM:
March 20, 2007
SUBJECT:
Planning Commission
Isaac Conlen, Acting Senior Planner ~
Shoreline Master Program Update - March 28 Meeting
We've made revisions to the draft regulations based on Planning Commission comments, early
feedback from Department of Ecology and some internal discussion. Please substitute the
attached regulations for the version included in your previous packet (I've again included a
version showing strikethrough and underline changes and a version showing the document with
changes accepted). These modified regulations respond to Planning Commission comments,
including non conforming regulations (see FWCC 18-183).
We've also prepared a matrix that summarizes the proposed changes to major code provisions.
In addition we've prepared a map showing proposed vs, current Shoreline Environment
Designations (current designations shown by red outline and labels).
As requested, we sent mailed notice of this meeting and the public hearing scheduled for April 4,
to all shoreline property oWl}.ers as well as those on our interested-parties mail list.
Exhibits:
(A)
(B)
(C)
Draft Regulations (edited and clean version)
Matrix Showing Major Changes to Regulations
Map Showing Current and Proposed Shoreline Environment Designations
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
March 21,2007
,
C L-F.-A ~ \jr;..rz.. S. I t:1....t
Article Ill.
SHORELINE MANAGEMENT
Sections:
Division 1. Generally
18-161 Purpose and authority.
18-162 Jurisdiction.
18-163 Additional definitions.
Division 2. Shoreline Regulation
18-164 General development standards.
18-165 Shoreline modifications.
18-166 Environment designations.
18-167 Permitted use table.
18-168 Shoreline residential e
18-169 Urban conservancy en
18-170 Natural environment.
Division 3. Administrative Procedures
18-171 Shoreline management permit and enforcement procedures,
adoption by reference.
18-172 Permit processing and public notice.
18-173 Procedure for review. .
18-174 Shoreline exemption.
18-175 Application requirements.
18-176 Shoreline substantial development permit.
18-177 Shoreline variance.
18-178 Conditional uses.
18-179 Final approval of shorel.ine permits.
18-180 Combined hearing authority.
18-181 Appeals.
18-182 Permit Revisions.
18-183 Replacement, alteration or reconstruction of nonconforming use or
development.
18-184 Shoreline environment redesignations.
EXHIBIT
A
Page 1 of 34
City of Federal Way SMP - Article /II. Shoreline Management - Draft Regulations
March 21,2007
Division 1. Generally
18-161 Purpose and authority.
The city adopts these regulations under the authority of the Shoreline
Management Act of 1971, Chapter 90.58 RCW, as amended, and the
Shoreline Management Guidelines, Chapter 173-26 WAC. (Ord. No. 90-
38, ~ 1(24.10), 2-27-90; Ord. No. 98-323, ~ 3,12-1-98; Ord. No. 99-355, ~
3, 11-16-99).
18-162 Jurisdiction.
(a) The provisions of this article shall apply to all development
proposed within the areas defined as "shorelines" in RCW
90.58.030(2)(d), and "shorelines of state-wide significance" in RCW
90.58.030(2)(e), see 18-163, Definitions. The approximate location of
these shorelines shall be designated on maps maintained by the
department of community development; however, the property owner or
applicant shall be responsible for determining the exact location of the
shoreline when a permit is filed.
. (b) No development shall be ungeffa,f~1 any person on the
shorelines of the state without p.........tJft...a. rn[rl'.,.~..KJ, "~h~Jeline permit from the
II' (\ 1 -.' .. \)'"
depart~ent of community devt'?p~~'Q.t\ or <<:in authorized statement of
exemption per WAC 173-27 -Oi())~h!1 for developments exempted by RCW
90.58.140(9) and (10). (Ord. No:90-38, ~ 1 (24.30.1 0, 24.30.20), 2-27-90;
Ord. No. 98-323, ~ 3, 12-1-98; Ord. No. 99-355, ~ 3, 11-16-99)
18-163 Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in
this chapter, Chapter 22 FWCC, Chapter 90.58 RCW, and Chapter 173-26
WAC shall apply.
Act: means the Washington State Shoreline Management Act,
Chapter 90.58 RCW.
Amendment means a revision, update, addition, deletion, and/or
reenactment to the Federal Way SMP.
Backshore means a berm, together with associated marshes or
meadows, on marine shores landward of the ordinary high water mark
which is normally above high tide level and has been gradually built up by
accretion.
Bank means a steep rise or slope at the edge of a body of water or
water course.
Beach nourishment means the artificial replenishing of a beach by
delivery of materials dredged or excavated elsewhere.
Berm means a ledge or shoulder consisting of mounded earth or rock.
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City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
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Breakwater means an off-shore structure, either floating or not, which
mayor may not be connected to the shore, such structure being designed
to absorb and/or reflect back into the water body the energy of the waves.
Bulkhead means a wall, seawall, embankment or other structure
erected at or near the OHWM and roughly parallel to the shoreline that
retains or prevents sliding or erosion of land or protects land from wave or
current action.
Bluff means a steep slope which abuts and rises from Puget Sound.
Bluffs contain slopes predominantly in excess of 40 percent, although
portions may be less than 40 percent. The toe of the bluff is the beach of
Puget Sound. The top of a bluff is typically a distinct line where the slope
abruptly levels out. Where there is no distinct break in slope, the slope is
either the line of vegetation separating the unvegetated slope from the
vegetated uplands plateau or, when the bluff is vegetated, the point where
the bluff slope diminishes to less than 15 percent.
Conditional use means a use, development, or substantial .
development which is classified as a shoreline con~J:jtional use or is not
classified within the SMP. ...~)
Critical salmonid habitats mean habit .,. t , : used by Pacific
salmonid species that migrate betw ate~and salt water during
their life cycle. These habitat
/'\.--)
1. Gravel bottomed strea ....,ise~\or spawning;
2. Streams, lakes, and we~lahds used for rearing, feeding, and cover
and refuge from predators and high waters;
3. Streams and salt water bodies used as migration corridors;
4. Shallow areas of salt water bodies used for rearing, feeding, as well
as cover and refuge from predators and currents, including, but not limited
to, forage fish habitats such as sandy beaches and eelgrass beds; and
5. Pocket estuaries including steams mouths and deltas where
freshwater mixes with salt water and provides rearing habitat for
j~venile salmon ids.
All saltwater shorelines in Federal Way are critical salmonid habitats.
Dock means all platform structures in or floating upon water bodies
and connected to land to provide moorage or landing for waterborne
pleasure craft and/or water-dependent recreation uses.
Dredging means the removal of earth from the bottom of a stream,
- marine water body, lake or other water body for the purposes of
deepening and/or maintaining a navigational channel.
Drift cell (Also referred to as "drift sector," or "littoral cell") means a
particular reach of marine shore in which littoral drift may occur without
significant interruption and which contains any natural sources of such drift
and also accretion shore forms created by such drift.
Ecological functions means the work performed or role played by the
physical, chemical, and biological processes in the shoreline that
contribute to the maintenance of the aquatic and terrestrial environments
that constitute the shoreline's natural ecosystem.
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City of Federal Way SMP - Article /If. Shoreline Management - Draft Regulations
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Ecosystem-wide processes means the suite of naturally occurring
physical and geologic processes of erosion, transport, and deposition; and
specific chemical processes that shape landforms within a specific
shoreline ecosystem and determine both the types of habitat and the
associated ecological functions.
Exemptions means those development activities set forth in Chapter
XX of the Federal Way SMP which are not required to obtain a Substantial
Development Permit but which' must obtain an authorized statement of
exemption and which must otherwise comply with applicable provisions of
the Act and the City's SMP.
Fill means the addition of soil, sand, rock, gravel, sediment, earth
retaining structure, or other material to an area waterward of the OHWM,
in wetlands, or on shorelands in a manner that raises the elevation or
creates dry land.
Float means a structure or device which is not a breakwater and which
is moored, anchored, or otherwise secured in the waters of Federal Way,
and which is not connected to the shoreline.
Grading means the movement or redistrib~ti. , 0 the soil, sand, rock,
gravel, sediment, or other material on a site iniCl1~alnner that alters the
natural contour of the land. \ II' ~
Groin means a barrier type~ d \ /ll.. \tl{\in~ f~om t~e backshore into
the water across the beach. Ttiile h' .po ora groin IS to Interrupt
sediment movement along the~h~r~. ~
. Jetty means an artificial ba ~rie{r used to change the natural littoral drift
to protect inlet entrances from clogging by excess sediment.
Landslide means an episodic downslope movement of a mass of soil or
rock that includes but is not limited to rockfalls, slumps, mudflows, and
earthflows.
Littoral drift means the natural movement of sediment along marine or
lake shorelines by waveaction in response to prevailing winds.
Marine means pertaining to tidally influenced waters, including Puget
Sound and the bays, estuaries and inlets associated therewith.
Native Shoreline Vegetation means trees, shrubs and other plant
species that are indigenous to a specific area or region. Plants native to
western Washington are referenced in Flora of the Pacific Northwest
(Hitchcock and Cronquist). Ornamental landscaping and invasive species
shall not be considered native shoreline vegetation.
Nearshore means either nearshore environment or nearshore habitat
and refer generally to an area along the Puget Sound shoreline that
extends from the top of bluffs or upland area immediately adjacent to the
beach to the point where sunlight penetrates marine waters to a depth
where aquatic plant life is supported.
Nonconforming use or development means a shoreline use or
development which was lawfully constructed or established prior to the
effective date of the Act or the applicable SMP, or amendments thereto,
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City of Federal Way SMP - Article 111. Shoreline Management - Draft Regulations
March 21,2007
but which does not conform to present regulations or standards of the
SMP.
Non-water-oriented uses means those uses which have little or no
.relationship to the shoreline and are not considered priority uses under the
SMA. Examples include professional offices, automobile sales or repair
shops, mini-storage facilities, multifamily residential development,
department stores, and gas stations.
Ordinary High Water Mark (OHWM) means the mark on all lakes,
streams and tidal waters that will be found by examining the beds and
banks and ascertaining where the presence and action of waters are so
common and usual and so long continued in all ordinary years as to mark
upon the soil a character distinct from that of the abutting upland, in
respect to vegetation, as that condition existed on June 1, 1971, as it may
naturally change thereafter, or as it may change thereafter in accordance
with permits issued by a local government or the Department of Ecology.
In any area where the ordinary high water mark cclH~"'ot be found, the
ordinary high water mark adjoining saltwater ~.h~"~t the line of mean
higher high ti.de and the or?inary high wa . ~~k a~joining freshwater
shall be the lIne of mean high wate \Ir ~
Pier means any platform st:. . o~ting structure upon water
bodies that is connected tolan~~h. provides public access, fishing or
moorage for watercraft engagJrtrin commerce or public transportation.
Primary Structure means the structure associated with the principal
use of the property. If more than one structure is associated with the
principal use of the property, the one with the highest value shall be
considered the primary structure.
Public Access means the public's ability to get to and use the State's
public waters, the water/land interface and associated public shoreline
area.
Restoration means in the context of "ecological restoration," the
reestablishment or upgrading of impaired ecological shoreline processes
or functions. This may be accomplished through measures including, but
not limited to, revegetation, removal of intrusive shoreline structures and
removal or treatment of toxic materials. Restoration does not imply a
requirement for returning the shoreline area to aboriginal or pre-European
settlement conditions.
Riprap means a layer, facing or protective mound of angular stones
randomly placed to prevent erosion, scour or sloughing of a structure or
embankment; also, the stone so used.
Shore/ands, also referred to as "shoreland areas," means those lands
extending landward for two hundred feet in all directions as measured on
a horizontal plane from the ordinary high water mark; floodways and
contiguous floodplain areas landward two hundred feet from such
floodways; and all wetlands and river deltas associated with the streams,
Page 5 of 34
City of Federal Way SMP - Article 11/. Shoreline Management - Draft Regulations
March 21, 2007
lakes, and tidal waters which are subject to the provisions of this chapter;
the same to be designated as to location by the Department of Ecology.
Shoreline administratormeans the administrator shall be the Director of
the Department of Community Development or his or her designee and is
responsible for administering the Federal Way SMP.
Shoreline environment designation means the categories of shorelines
of the state established by the city of Federal Way shoreline management
master program to differentiate between areas whose features imply
differing objectives regarding their use and future development.
Shoreline jurisdiction means all "shorelines of the' state" and
"shorelands" as defined in the Federal Way SMP and RCW 90.58.030.
Shoreline Master Program (SMP) means the comprehensive use plan
for a described area, and the use regulations together with maps,
diagrams, charts, or other descriptive material and text, a statement of
desired goals, and standards developed in accordance with the policies
enunciated in RCW 90.58.020.
Shoreline modifications means those actiom~ < modify the physical
configura~ion or qualiti~s of the shoreline tr!;~~sJ~IIY through t~e .
construction of a physical element s~ a ~I'Ke, ~reakwater, pier, weir,
?redged basin, fi!l, bulkhead, o~......'i~J,~h6V~ }J.e ~tructure. They can
Include other actions, such as ~Ie\:,n~and grading.
Shoreline stabilization meq:~0ti5n's taken to address erosion
impacts to property, dwellings,lbusinesses, or structures caused by
natural shoreline processes such as currents, floods, tides, wind or wave
action.
Shorelines means all of the water areas of the state, including
reservoirs, and their associated shorelands, together with the lands
underlying them; except (i) shorelines of statewide significance; (ii)
shorelines on segments of streams upstream of a point where the mean
annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream segments; and (iii) shorelines on lakes
less than twenty acres in size and wetlands associated with such small
lakes.
Shorelines of Statewide Significance means those areas of Puget
Sound in the City of Federal Way lying seaward from the line of extreme
low tide.
Shorelines of the state means the total of all "shorelines" and
"shorelines of statewide significance" within the City of Federal Way.
Soft-shore bank stabilization means the use of bioengineering or
biotechnical bank stabilization measures where vegetation, logs, rock and
beach nourishment are used to address erosion control and slope stability.
SMP means the Shoreline Master Program.
SMA means the Shoreline Management Act.
Stringline setback means a straight line drawn between the points on
the primary structures having the greatest projection waterward on the
two adjacent properties. If one of the adjacent properties is unimproved
Page 6 of 34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
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the line shall be drawn to the point of the standard shoreline setback at the
side property line of the unimproved lot.
Substantial Accessory Structure means non primary structures equal
to or larger than 400 square feet and in good repair.
Water-dependent means a use or portion of a use which cannot exist
in any other location and is dependent on the water by reason of the
intrinsic nature of its operations. Examples of water dependent uses may
include ship cargo terminal loading areas, ferry and passenger terminals,
barge loading facilities, ship building and dry docking, marinas,
aquaculture, float plane facilities and sewer outfalls.
Water-related means, a use or portion of a use which is not intrinsically
dependent on a waterfront location but whose economic vitality is
dependent upon a waterfront location because:
(1) Of a functional requirement for a waterfront location such as the
arrival or shipment of materials by water or the need for large quantities of
water; or
(2) The use provides a necessary service supportive of the water-
dependent commercial activities and the proxir:nilY of the use to its
customers makes its services less expenstv~p/or more convenient.
Examples include professional services In!:1J1p' arily water-dependent
activitie~ and storage of water-tra~.s..........~.~Ph..O..~.....J tpas Ord. No. 98-323, !l 3,
12-1-98, Ord. No. 99-355, !l3, U19 ..
Page 7 of 34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
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Division 2. Shoreline Regulation
18-164 [NEW SECTION] General development standards.
The following general development standards apply to all uses and
activites in all shoreline environments:
(a) Impact mitigation.
(1) To the extent Washington's State Environmental Policy Act of 1971 (SEPA),
chapter 43.21C RCW, is applicable, the analysis of environmental impacts from
proposed shoreline uses or developments shall be conducted consistent with the
rules implementing SEPA (FWCC XX and WAC 197-11). Mitigation for adverse
impacts to shoreline functions will be triggered during the SEPA review, shoreline
land use permit process or exemption approval process.
(2) Where required, mitigation measures shall be applied in the following
sequence of steps listed in order of priority.
a. Avoiding the impact altogether by n.Qt aKin, certain action or parts of an
action;
b. Minimizing impacts by Ii~~il /',v e or magnitude of the action and
its impleme~tation by W~!r2! ),,/' ri~te technology or by taking affirmative
steps to avoid or reduci'p fs;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
d. Reducing or eliminating the impact over time by preservation and
maintenance operations;
e. Compensating for the impact by replacing, enhancing, or providing
substitute resources or environments; and
f. Monitoring the impact and the compensation projects and taking
appropriate corrective measures.
(3) In determining appropriate mitigation measures applicable to shoreline
development, lower priority measures shall be applied only where higher
priority measures are determined to be infe~sible or inapplicable.
(4) Required mitigation shall not be in excess of that necessary to assure that
proposed uses or development will result in no net loss of shoreline ecological
functions.
(5) Mitigation actions shall not have a significant adverse impact on other
shoreline functions fostered by the policy of the Shoreline Management Act.
(6) When compensatory measures are appropriate pursuant to the mitigation
priority sequence above, preferential consideration shall be given to measures
that replace the impacted functions directly and are located in the immediate
vicinity of the impact. However, alternative compensatory mitigation may be
authorized if said mitigation occurs within the watershed and addresses limiting
factors or identified critical needs for shoreline conservation based on watershed
Page 8 of 34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
March 21, 2007
or comprehensive management plans. Authorization of compensatory mitigation
measures may require appropriate safeguards, terms or conditions as necessary
to ensure no net loss of ecological functions.
(b) Vegetation conservation. Existing native shoreline vegetation
shall be preserved to the maximum extent feasible within the shoreline
setback consistent with safe construction practices, and other provisions
of this chapter. Specifically native trees and shrubs shall be preserved to
provide habitat, shade and slope stabilization functions to maintain
ecological processes in the City's shoreline.
(c) Water quality I stormwater. All activities and development within
the shoreline jurisdiction shall incorporate water pollution control
measures and best management practices (BMPs) for stormwater
management. Such measures shall address both temporary impacts to
water quality from construction activities as well as the need for
permanent stormwater management facilities in co .lPliance with the .
requirements and restrictions of all apPlicabl.' ~d state regulations.
(d) Critical areas. Activities an. ... nt~ critical areas found
within shoreline jurisdiction are~~.. q tt.rhPly with the following
development standards.:} )
(1) Geologic Hazard Aret... . ulated geologically hazardous areas (as
defined in FWCC Chapter 22) ~{)cated in the shoreline jurisdiction include seismic
hazard areas, landslide hazard areas, steep slopes and erosion hazard areas. If
a geologic hazardous area is located within the shoreline jurisdiction, all activities
on the site shall be in compliance with the requirements and restrictions of
FWCC Chapter 22, Article XIV, Division 4: Critical Areas.
(2) Streams and Wetlands. If a stream or wetland (as defined in FWCC
Chapter 22) is located within the shoreline jurisdiction, all activities within the
shoreline jurisdiction shall be in compliance with the requirements and
restrictions of FWCC Chapter 22, Article XIV, Divisions 5 & 6: Critical Areas.
(3) Flood Hazard Reduction. If an area of special flood hazard is located on
or adjacent to a development site within shoreline jurisdiction, all activities on the
site shall be in compliance with the requirements and restriction of FWCC
Chapter 18, Article II, Division 6: Critical Areas. .
(4) Critical Aquifer Recharge Areas and Wellhead Protection Areas. If a
critical aquifer recharge area or wellhead protection area (as defined in FWCC
Chapter 22) is located within the shoreline jurisdiction, all activities within the
shoreline jurisdiction shall be in compliance with the requirements and
restrictions of FWCC Chapter 22, Article XIV, Division 9: Critical Areas.
(e) Cr.itical salmonid habitats. All saltwater shorelines in Federal Way are
critical salmonid habitats. Activities and development in critical salmonid habitats
found within the shoreline jurisdiction are required to comply with the following
development standards in addition to those contained in other sections of this
chapter:
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(1) Structures which prevent the migration of salmon and steelhead are
prohibited in the portions of the water bodies used by fish. Fish bypass facilities
shall allow the upstream migration of adult fish. Fish bypass facilities shall
prevent fry and juveniles migrating downstream from being trapped or harmed.
(2)Fills may intrude into critical salmonid habitats only where the
proponent demonstrates all of the following conditions are met:
a. An alternative alignment or location is not feasible;
b. The project is designed to minimize its impacts on the environment;
c. The project is in the public interest; and
d. If the project will create significant unavoidable adverse impacts, the
impacts are mitigated by creating in-kind replacement habitat near the project.
Where in-kind replacement mitigation is not feasible, rehabilitating degraded
habitat may be required as a substitute.
(3) Shoreline modification structures may~i~trude into critical salmonid
habitats only where the proponent demons~.....a.../II of the following conditions
are met: 11-1 1#1
a. An alternative alignmenitt'o. j(i)r(is (!.4>t feasible;
b. The project is desi · . ,~jnl ~it~ its impacts on the environment;
c. The proj~ct is ~n th~1 ~~i~ ~rest; and, .
d. If the project Will cr~ ~navOldable adverse Impacts, the Impacts are
mitigated by creating in-kind r~plcJcement habitat near the project. Where in-kind
replacement mitigation is not feasible, rehabilitating degraded habitat may be
required as a substitute.
e. The project satisfies all provisions of section 18-165 Shoreline
modifications.
(4) Pilings and floats may be located critical salmonid habitats, provided
the facilities use open piling construction. and impacts are avoided to the
maximum extent possible. Approach fills shall be located landward of the
ordinary high water mark.
(5) Open pile bridges are the preferred water crossing structures over
critical salmonid habitats. If a bridge is not feasible, one of the following water
crossing structures may be approved if the impacts can be mitigated: temporary
culverts, bottomless arch culverts, elliptical culverts or other fish-passable round
culverts. These structures are listed in priority order, with the first having the
highest preference and the last the lowest preference. In order for a lower priority
structure to be permitted, the applicant must show the higher priority structures
are not feasible. The project shall be designed to minimize its impacts on the
environment.
(6) Bridges and in-water utility corridors may be located in critical salmonid
habitats provided the proponent shows that all of the following conditions are
met:
a. An alternative alignment is not feasible;
b. The project is located and designed to minimize its impacts on the
environment;
c. Any alternative impacts are mitigated; and
Page 100[34
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City of Federal Way SMP - Article /II. Shoreline Management - Draft Regulations
March 21,2007
d. Any landfill is located landward of the ordinary high water mark.
Open piling and piers required to construct the bridge may be placed
waterward of the ordinary high water mark, if no alternative method is feasible.
When installing in-water utilities, the installer may be required to place
native material on the bed and banks of the water body or wetland to re-establish
the preconstruction elevation and contour of the bed. The project shall be
designed to avoid and minimize impacts on the environment.
(7) Dredging in critical salmonid habitats shall not be allowed unless the
proponent demonstrates all of the following conditions are met:
a. The dredging is for a water-dependent or water-related use;
b. An alternative alignment or location is not feasible;
3. The project is designed to minimize its impacts on the environment;
d. The project is in the public interest; and
e. If the project will create significant unavoidable adverse impacts, the
. impacts are mitigated by creating in-kind replacement habitat near the project.
Where in-kind replacement mitigation is not feasible, rehabilitating degraded
. habitat may be required as a substitute.
(8) In-water dredge spoil disposal sites ~~~II not be located in critical
salmonid habitats. r: (
(9) Filling, dredging, channelizati '~a ~ ~tHer activities which negatively
impact habitat are prohibited in w~l~ .. 'ds~and side channels which are
, 'associated with critical salmoni .it'ts. .. \
(10) Within critical habit~t ~~nt channel changes and realignments
are prohibited.
(11) The removal of a atic and riparian vegetation within or adjacent to
critical salmonid habitats shall be minimized. Trees which shade side channels,
streams, estuaries, ponds and wetlands associated with critical salmonid habitats
shall be maintained consistent with the provisions of this chapter. Areas of
disturbed earth shall be revegetated.
. (12) Unless removal is needed to prevent hazards to life and property or to
enhance critical salmonid habitats, large woody debris below the ordinary high
water mark shall be "left in the water to provide salmon and steel head
habitat.(Ord. No. 98-323, S 3, 12-1-98; Ord. No. 99-355, S 3,11-16-99)
18-165 [NEW SECTION] Shoreline modifications
(a) Shoreline stabilization. Shoreline stabilization may be permitted
in the shoreline residential and urban conservancy environments,
provided: [EXISTING TEXT MOVED FROM ENVIRONMENT
DESIGNATIONS SECTION BELOW]
(1) Shoreline stabilization, including bulkheads shall not be considered
an outright permitted use on the city's shorelines. In order for shoreline
stabilization to be permitted the City must find that:
a. Erosion from waves or currents presents a clear and imminent
threat to a legally established primary structure, one or more substantial
accessory structures, or public improvements. The applicant shall provide
a geotechnical report, prepared by a qualified professional, that estimates
the rate of erosion and evaluates alternative solutions; and
, b. Nonstructural alternatives such as slope drainage systems,
vegetative growth stabilization, gravel berms, and beach nourishment
Page 11 of34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
March 21,2007
shall be prioritized over structural options such as bulkheads and riprap.
The "softest" effective alternative shall be utilized; and;
c. In the case of bulkheads and riprap the proposed shoreline
stabilization is located landward of the ordinary high water mark; and
d. The proposed shoreline stabilization is the minimum size
necessary to protect existing improvements; and
e. The applicant shall demonstrate that impacts to sediment
transport are minimized to the greatest extent possible; and
f. Shoreline stabilization shall not have an adverse impact on the
property of others and shall be designed so as not to create the need for
shoreline protection elsewhere; and
g. Shoreline stabilization shall not significantly interfere with normal
surface and/or subsurface drainage into the water body and shall be
constructed using an approved filter cloth or other suitable means to allow
passage of surface and groundwater without internal erosion of fine
material; and
h. Shoreline stabilization shall not be used to create new lands.
fOIl~~n::t:~:a~~k:~~1 ~~~;~mitted SUlr I section (1) above, the
a. The maximum heigh~~~\.J; buikhead is no more than
one foot above the elevation cf I~~t~~~hi~h water on tidal waters, or one
foot in height above the elevatiofl ~0f ordinary high water mark on lakes,
measured from grade on the Jafurward side of the bulkhead; and
b. When a bulkhead has deteriorated such that the ordinary high
water mark has been established by the presence and action of water
landward of the existing bulkhead, then the replacement bulkhead must be
located at or landward of the ordinary high water mark.
c. Repair of an existing bulkhead is permitted provided that the
repaired bulkhead is not relocated further waterward or increased in
height.
d. If an existing bulkhead is destroyed it may be replaced as it
existed prior to destruction, provided application for required permits is
made within one year of destruction.
(3) Groins are permitted only as part of a public beach
management program.
(b) Piers, Docks, Moorage, and Floats.
[EXISTING TEXT MOVED FROM ENVIRONMENT DESIGNATIONS
SECTION BELOW]
(1) Piers, docks, floats or moorage; standards. Any pier, dock, moorage or
float authorized by subsections XXX of the Environmental Designations section
shall be subject to the following conditions:
a. Residential piers are prohibited on the Puget Sound shoreline.
b. Piers shall only be allowed for water-dependent uses and public
access.
c. No dwelling unit may be constructed on a pier or dock.
Page 12 of34
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d. Excavated moorage slips are prohibited as accessories to residential
development.
e. No covered pier, covered moorage, covered float, or other covered
structure is permitted waterward of the ordinary high water mark.
f. Piers, docks, moorages or floats shall meet the side and rear yard
setbacks of the underlying zoning classification, except in the case of shared
facilities, in which case no side yard setback is required.
g. All piers, moorages, floats, or other such structures shall not, quring the
course of the normal fluctuations of the elevation of the water body, protrude
more than five feet above the surface of the water.
h The total surface area of docks and floats or any combination thereof,
for any shoreline development, shall not exceed 400 square feet for single use
facilities, 600 square feet for joint use facilities, 800 square feet for facilities
shared between four or more users and 1,000 square feet for facilities associated
with public parks.
(2) Residential docks, floats or moorage. Docks, moorages or floats may be
permitted accessory to a single-family residence, multifamily development, or as
common use facilities associated with a subdiv~~it>n, or short subdivision, in
accordance with this chapter and the followin.~I!i$tations:
a. No more than one dock fo :nglsidential,ot is permitted.
b. New. multiple-family ~I ubdivisions or short subdivisions
shall be permitted one shared ~P~h . . '
1. The total number of!'rnb~rage spaces shall be limited to one moorage
space for every two dwelling Jr'ri~ in the multifamily development, subdivision, or
short subdivision.
c. Dock dimensions.
1. The maximum waterward intrusion of any portion of any dock shall be
36 feet, or the point where the water depth is 13 feet below the ordinary high
water mark, whichever is reached first.
2. The maximum width of each dock shall be six feet, or up to eight feet
wide on joint use docks where additional mitigation is provided.
d. Moorage piles. Moorage piles not constructed in conjunction with a pier
are limited by the following conditions:
1. All piles shall be placed so as to not constitute a hazard to navigation.
2. No pile shall be placed more than 80 feet waterward of the ordinary
high water mark.
3. All moorage piles shall be placed in a water depth not to exceed 13
feet below the ordinary high water mark.
4. No more than two moorage piles per residence are permitted.
e. Floats are limited under the following conditions:
1. One float per single-family residence and no more than one common
use float for each new multifamily development, short subdivision, or subdivision
is permitted.
2. No portion of a float shall be placed more than 36 feet waterward of
the ordinary high water mark.
3. Retrieval lines shall not float at or near the surface of the water.
Page 13 of34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
, March 21, 2007
4. No float shall have more than 100 square feet of surface area.
(c) Launching Ramps, Rails and Lift Stations. Launching ramps,
rails and lift stations require a shoreline conditional use permit and are
limited by the following conditions: [EXISTING TEXT MOVED FROM
ENVIRONMENT DESIGNATIONS SECTION BELOW]
(1) No portion of a launching ramp, rail or lift station shall be placed more than
60 feet waterward of the ordinary high water mark.
(2) All portions of a launching ramp, rail or lift station shall be placed at a
depth not to exceed eight feet below the ordinary high water mark.
(3) Launching rails or ramps shall be anchored to the ground through the use
of tie-type construction. Asphalt, concrete, or other ramps which solidly cover the
water body bottom are prohibited.
(4) No more than one launching ramp or rail per shoreline development is
permitted.
(5) Launching ramps, rails or lift stations shall not be permitted for shoreline
developments that have an existing pier, dock, float or other functional moorage.
Piers, docks, floats or other forms of moorage shaH~ot be permitted for shoreline
developments that have existing launching ra. ails or lift stations.
.-
'\ . at s and jetties are not
~~y. [EXISTING TEXT
)
I SIGNATIONS SECTION
(d) Breakwaters and Je '
permitted within any Sh~1
MOVED FROM ENVIR~N.."l1
BELOW] tJ.~
(e) Dredging and Fini~g.
(1) Dredging:
a. Dredging activities in shoreline residential or urban conservancy
environments require a Conditional Use Permit. Dredging is not permitted in the
Natural environment.
b. Dredging activities are allowed in the shoreline residential and urban
conservancy shoreline environments only where necessary to protect public
safety or for shoreline restoration activities.
c. Where allowed, dredging operations must be scheduled so as to not
damage shoreline ecological functions or processes.
d. Unavoidable impacts of dredging shall be mitigated as required by this
chapter.
(2) Filling:
a. Fill activities waterward of the OHWM shall only be allowed in
association with allowed (permitted) water dependent use developments. Fill
waterward of the OHWM associated with non-water dependent uses shall be
prohibited.
b. Fill waterward of OHWM needed to support the following water
dependent uses may be allowed through a Conditional Use Permit in the
Shoreline Residential and Urban Conservancy environments:
1. Public access;
2. Expansion, alteration, or repair of transportation facilities currently
located with in the shoreline;
Page 14 of34
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3. Mitigation actions;
4. Environmental, ecological, or watershed restoration projects;
5. Beach nourishment or enhancement projects; and
6. Soft shore bank stabilization projects.
c. Permitted fill activities must comply with the following standards:
1. Demonstration that alternatives to fill are not feasible;
2. Demonstration that fill shall be deposited so as to minimize disruption
of normal surface and ground water passage;
3. Demonstration that fill materials shall be of such quality that it will not
adversely affect water quality;
4. Demonstration that fill shall allow surface water penetration into the
ground water supply, where such conditions existed prior to the fill; and
5. ,Demonstration that fill timing will minimize damage to water quality
, and aquatic life.
d. Fill, except for beach nourishment, shall be prohibited in areas of high
shoreline erosion potential.
e. Fill located waterward of the ordinary high water mark that results in a
net loss of shoreline function is prohibited.
f. Fill within the one hundred-year~ ,-year) flood plain requires
demonstration that fill will not reduce the~o~d1!pl~i,h water storage capacity or in
any way increase flood hazard so f<& ~er a~blic safety.
18-166 Environmental desig ',' , ; ;s~'
(a) Purpose and establistt~nt of designations.
(1) The purpose of the designations is to differentiate between areas whose
geographical, hydrological, topographical, or other features imply differing
objectives regarding the use and future development.
Each environment designation represents a particular emphasis in the 'type of
uses and the extent of development that should occur within it. The
environmental designation system is designed to encourage uses in each
environment that enhance or are compatible with the character of the
environment, while at the same time requiring reasonable standards and
restrictions on development so that the character of the environment is not
adversely impacted.
(2) Names of environment designations. In order to accomplish the purpose
of this title, environmental designations have been established as follows:
a. Shoreline Residential.
b. Urban Conservancy.
c. Natural.
(3) Limits of environment designations. Each environment designation shall
consist of:
a. The entire water body within City jurisdiction, including all water below
the surface, the land below the water body, the space above the water body, and
the shorelands associated with the water body.
b. The shoreline areas within 200 feet of the OHWM, and additional
upland areas where associated wetlands and floodplains extend beyond 200 feet
from the OHWM.
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(4) Establishment of designations.
a. The written descriptions of the boundaries of the shoreline environment
designations as adopted by ordinance shall constitute the official legal
descriptions of the boundaries of those environment designations.
b. The official maps prepared by the city pursuant to Chapter 173-26 WAC
shall constitute the official descriptions of the limits of all shorelands in the city of
Federal Way as defined by RCW 90.58.030 and FWCC 18-163.
c. The department may, from time to time as new or improved information
becomes available, modify the official. maps described in subsection (a)(4 )b. of
this section consistent with state guidelines to more accurately represent, clarify,
or interpret the true limits of the shorelines defined herein.
(5) Location of boundaries.
a. Boundaries indicated as following streets, highways, roads, and bridges
shall be deemed to follow the centerline of such facilities unless otherwise
specified.
b. Boundaries indicated as following railroad lines and transmission lines
shall be deemed to follow the centerline of such rights-of-way or easements
unless otherwise specified.
. c. Where diffe~ent environmental ~~~~g1.ons have been g.iven to a
trlb~tary . and. the main stre.am at the ~~In~:~~f ~onfluen?e, the environmental
deSignation given to the main stre ~Il exten~ for a distance of 200 feet up
the tributary. ~ ~
d. In case of uncertain~ a' wetland or environment boundary, the
director of community develo~~~~ services shall determine its exact location
pursuant to the criteria of WAC 173-22-040 and RCW 90.58.030, and the
provisions of this chapter. (Ord. No. 98-323, 9 3, 12-1-98; Ord. No. 99-355, 9 3,
11-16-99 )
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18-167 NEW SECTION Permitted Use Table
Proposed Environment Designations
... Shoreline Urban Natural
Shoreline Modification Residential Conservancy
Shoreline Stabilization 1 P P X
Piers, Docks, Moorage, and P/C2 P/C2 X
Floats
Launching Ramp I Lift Station C . P/C3 X..
Breakwaters and Jetties X X X
Dredging and Filling P/C4 P/C4 X
Shoreline Use Shoreline Urban Natural
Residential Conservancy
Office and Commercial X C X
Development I
P P P
Residential Development P P C
Accessory Structures P P C
Utilities5 P P C
Transportation I Parking ..
Facilities6 P P X
Aquaculture X X X
l~~
P = Allowed as exempt from permitting or permitted with Substantial Development Permit
C = May be allowed with Shoreline Conditional Use Permit
X = Prohibited
1. Includes bulkheads, bio-engineered erosion control projects, groins and other shoreline
stabilization activities. Groins may only be permitted as part of a public beach management
program.
2. Residential piers are prohibited on Puget Sound shorelines, but public piers are allowed as a
CUP. Docks, moorage and floats are allowed uses.
3. Would be permitted with Substantial Development Permit in parks and public access areas;
would be permitted with Shoreline Conditional Use permit elsewhere in Urban Conservancy
Environment.
4. Dredging and all fill waterward of the OHWM requires a Conditional Use Permit
5. Solid waste transfer stations are not allowed
6. Parking as a primary use is prohibited in all environments, but allowed if serving an allowed
shoreline use
Page 17 of34
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March 21, 2007
18-168 Shoreline Residential.
(a) Purpose. The purpose of the "shoreline residential" environment is to
accommodate residential development and appurtenant structures that are
consistent with this chapter. An additional purpose is to provide appropriate public
access and recreational uses. .
(b) Designation criteria. Designation criteria for the shoreline residential
environment are provided in the City's shoreline master program, FWCC Chapter
xx.
(c) General requirements. ,
(1) Development waterward of the ordinary high water mark is prohibited
except water dependent recreational uses, permitted shoreline modifications and
public utilities.
(2) No structure shall exceed a height of 35 feet above average grade level.
This requirement may be modified if the view of any neighboring residences will.
not be obstructed, if permitted outright by the applicable provisions of the
underlying zoning, and if the proposed development is water-related or water-
dependent. ~
(3~ All dev~lopment shall be re.quired i~'P(9~~~e ade~uate surface wa,ter
retention, erosion control, and sedlme tatldFl faCIlities dUring the construction
period. " If!! ~
, (4) Setba.cks. D~velopment1t~II;i~~' . he fir~t. 50 feet of property landw~rd
from the ordinary high water ~~'l.~ ~~;; a -eqUlred minimum setback and vegetation
conservation area, subject to ~~J(si6ns referenced in subsection (e). .
(5). Vegetation ConservaUbn Area. The required setback area shall be
considered a vegetation conservation area. Within the Vegetation Conservation
Area, no more than 50 percent of the area with native shoreline vegetation shall be
cleared, and a minimum of 60 percent of existing native trees shall be retained.
Trees determined by the city to be hazardous or diseased may be removed.
Additionally, the Director may allow removal of vegetation exceeding that
described above where an applicant agrees to replacement plantings that are
demonstrated to provide greater benefit to shoreline ecological processes than
would be provided by strict application of this section.
(6) Collection facilities to control and separate contaminants shall be required
where stormwater runoff from impervious surfaces would degrade or add to the
pollution of recipient waters of adjacent properties. ,
(7) All development in the Shoreline Residential area must comply with
applicable regulations identified within the [General Development Standards],
[Shoreline Modifications], and all other applicable sections of this chapter.
(d) Shoreline Modificati.ons
[TEXT RE-ARRANGED FROM EXISTING TEXT, SHOWN DELETED
BELOW].
(1) Allowed modifications to the shoreline within Shoreline Residential designated
areas include the following:
a. Shoreline Stabilization. Allowed within Shoreline Residential designated areas
under the requirements imposed by [NEW SECTION Shoreline Modifications] division (a).
Page 18 of34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
March 21, 2007
b. Piers. Allowed within Shoreline Residential designated areas with a Shoreline
Conditional Use Permit under the requirements imposed by [NEW SECTION
Shoreline Modifications] division (b). '
c. Docks, Moorage, and Floats. Allowed within Shoreline Residential designated
areas under the requirements imposed by [NEW SECTION Shoreline
Modifications] division (b).
c. Launching Ramps, Rails and Lift Stations. Allowed within Shoreline Residential
designated areas with a Shoreline Conditional Use Permit under the requirements
imposed by [NEW SECTION Shoreline Modifications] division (c).
d. Dredging and Filling. Allowed within Shoreline Residential designated areas with
a Shoreline Conditional Use Permit under the requirements imposed by [NEW
SECTION Shoreline Modifications] division (e).
(2) Prohibited modifications to the shoreline within Shoreline Residential designated
areas include the following: ,
a. Breakwaters and Jetties.
(e) Shoreline Uses.
(1) Allowed uses within Shoreline Residential d.esignated areas include the following:
~ .
a. Residential Development. -f ily and multiple-family residential
development, accessory dwelling m occupations may be permitted in the
"""
Shoreline Residential environ ... e following:
1. Single-family or ily residential development is permitted in the
underlying zone, classification.
2. Residential devel ent is prohibited waterward of the ordinary high water
mark.
3. Setbacks.
i. Single-family residential development shall maintain a minimum shoreline
setback of 50 feet from the Ordinary High Water Mark (OHWM) as a vegetation
conservation area, except in the following case:
aa. If single-family residential development is proposed on a lot where
properties on at least one side of the lot are developed in single-family residences located
less than 50 feet from the OHWM, then the proposed residential development may be
located the same distance from the OHWM as the adjacent residences (using stringline
method) but shall in no case be closer than 30 feet from the OHWM.
ii. Multifamily residential development shall maintain a minimum setback of
75 feet from the OHWM as a vegetation conservation area, except in the following case:
aa If multi-family residential development is proposed on a lot where
properties on at least one side of the lot are developed in multi-family residential uses
located less than 75 feet from the OHWM, then the proposed residential development
may be located the same distance from the OHWM as the adjacent residential uses
(using stringline method) but shall be no closer than 50 feet from the OHWM.
b. Accessory Structures. Residential accessory structures may be placed within
the required shoreline setback, provided:
1. No accessory structure shall cover more than 150 square feet.
2 No more than 300 feet of accessory structures shall be allowed.
3. No accessory structure shall exceed eight feet in height.
Page 19 of34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
, March 21, 2007
4. Existing native shoreline vegetation within the shoreline setback is conserved
to the maximum extent possible as per general requirements (c)(4) and (5).
c. Recreational Development. Recreational development may be permitted in the
Shoreline Residential environment subject to the general requirements of this chapter,
provided:
1. The recreational developmerit is permitted in the underlying zone.
2. Swimming areas shall be separated from boat launch areas.
3, The construction of swimming facilities, piers, moorages, floats, and launching
facilities below the ordinary high water mark shall be governed by the general
requirements of this chapter.
4. Public boat launching facilities may be developed, provided:
i. The parking and traffic generated by such a facility can be safely and
conveniently handled by the streets and areas serving the proposed facility.
ii. The facility will not be located on a beach area or cause net loss in
shoreline function.
5. Upland facilities constructed in conjunction with a recreational development
shall be set back and/or sited to avoid adverse in;:lfJcacts to the functions of the shorelines
.)
of the city. ':":1 r
6. Public pedestrian and bic c1e~ . ~ays shall be permitted adjacent to water
bodies. Such trails and pathways b\.tn~de cWpervious materials, if feasible.
7. Public contact wit ~" ~n~~~agile areas shall be permitted where it is
possible without destroying th.. frlal\paracter of the area.
8. Water viewing, na~!r7 stGay, rec~rding, ~nd vie~ing shall be acco~modated
by space, platforms, benches, ~r shelter consistent With public safety and security.
d. Utilities. Utility facilities may be permitted' in the Shoreline Residential
environment subject to the requirements of this chapter, provided:
1. No other practicable alternative with less impact to the environment is
available for the facility.
2. Utility and transmission facilities shall:
i. Avoid disturbance of unique and fragile areas.
ii. Avoid disturbance of wildlife spawning, nesting, and rearing areas.
iii. Conserve native shoreline vegetation, particularly forested areas, to the
maximum extent possible.
iv. Overhead utility facilities shall not be permitted in public parks,
monuments, scenic, recreation, or historic areas.
3. Utility distribution and transmission facilities shall be designed so as to:
i. Minimize visual impact.
ii. Harmonize with or enhance the surroundings.
iii. Not create a need for shoreline protection.
iv. Conserve native shoreline vegetation, particularly forested areas, to the
maximum extent possible.
v. Utilize to the greatest extent possible natural screening.
4. The construction and maintenance of utility facilities shall be done in such a
way so as to:
i. Maximize the preservation of natural beauty and the conservation of
resources.
ii. Minimize scarring of the landscape.
Page 20 of 34
City of Federal Way SMP - Article Ill, Shoreline Management - Draft Regulations
March 21,2007
iii. Minimize siltation and erosion.
iv. Protect trees, shrubs, grasses, natural features, and topsoil.
v. Avoid disruption of critical aquatic and wildlife stages.
5. Rehabilitation of areas disturbed by the construction and/or maintenance of
utility facilities shall:
i. Be accomplished as rapidly as possible to minimize soil erosion and to
maintain plant and wildlife habitats.
ii. Utilize native trees and shrubs.
6. Solid waste transfer stations shall not be permitted within the shorelines of the
state.
e. Transportation and Parking facilities. Transportation and parking, except
parking facilities associated with detached single-family development, shall conform to
the following minimum requirements:
1. Transportation cqrridors shall be designed to provide the best service with
the least possible impact on shoreline ecological function. Impacts to functions shall be
mitigated.
. 2. New road construction shall be the mi:rM!Jr1um necessary to serve a permitted
shoreline use. ~.~..
3.. New public transportation facrl:i~,I,:erfS,,:"'I't~ provide turnout areas for scenic stops
where feasible. ) j}J~ ~
4. Parking fa~i1it!es s ',' dt!j~l~ buildings on the shoreline sh~1I be l~~at~d
landward from the pnnclpal I~g~~lng served, except when the parking facIlity IS
within or beneath the structur" J;Jaoequately screened, or in cases when an alternate
location would have less envir~nmental impact on the shoreline.
5. New surface transportation facilities not related to and necessary for the
support of shoreline activities shall be located outside the shoreline jurisdiction if possible,
or set back from the ordinary high water mark far enough to make protective measures
such as riprap or other bank stabilization, landfill, or substantial site regrade unnecessary.
6. Maintenance, repair, replacement, or other roadway improvements (including
but not limited to widening to serve existing or projected volumes, installation of curb and
gutter, sidewalks, illumination, signals) to existing surface transportation facilities shall be
allowed within Shoreline Residential designated areas provided such improvements do
not create a need for protective measures such as riprap or other bank stabilization,
landfill, or substantial site regrade.
7. Any new development or expansion of existing development creating greater
than 6 total parking stalls must meet the water quality standards required by the King
County Surface Water Manual for "high use" sites and "resource stream protection" (See
Sections 1.3.4 Special requirement oil control, 6.1.5 High use menu, and Resource
stream protection of King County's Surface Water Design Manual).
8. Outdoor parking area perimeter, excluding entrances and exits, must be
maintained as a planting area with a minimum width of five feet.
i. One live tree with a minimum height of four feet shall be required for each
30 linear feet of planting area.
ii.One live shrub of one-gallon container size, or larger, for each 60 linear
inches of planting area shall be required, .
iii. Additional perimeter and interior landscaping of parking areas may be
required, at the discretion of the director, when it is necessary to screen parking areas or
when large parking areas are proposed.
Page 21 of34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
March 21, 2007
9. Parking as a primary use in shoreline jurisdiction shall be prohibited.
10. Parking in the shoreline jurisdiction shall directly serve a permitted shoreline
use.
(2) Prohibited uses to the shoreline within Shoreline Residential designated areas
include:
a. Office and Commercial Development.
b. Aquaculture.
Page 22 of 34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
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18-169 Urban Conservancy environment.
(a) Purpose. The purpose of the "urban conservancy" environment is to protect
and restore ecological functions of open space, flood plain and other sensitive
lands where they exist in urban and developed settings, while allowing a variety of
compatible uses.
(b) Designation criteria. Designation criteria for the Urban Conservancy
environment are provided in the City's shoreline master program, FWCC Chapter
xx
(c) General requirements.
(1) Development waterward of the ordinary high water mark is prohibited
except water dependent recreational uses and public utilities.
(2) No structure shall exceed a height of 35 feet above average grade level.
This requirement may be modified if the view of any neighboring residences will
not be obstructed, if permitted outright by the applicable provisions of the
underlying zoning, and if the proposed development is water-related or water-
dependent.
(3) All development shall be required to provide adequate surface water
retention and sedimentation facilities during the cstruction period.
(4) Setbacks. Development shall maintaii;,t~ ~t 50 feet of property landward
from the ordinary high water mark as a rirli~ . .... ack and vegetation
conservation area, or developm.en.t~.;~...III. ~~ain ~125 foot setback from the top of
bluffs in the shoreline jurisdicti6~h.i~~ . L~ the greater setback. Setback shall
be subject to provisions refere~fjj~'tJli>section (e) and (g).
5). Vegetation conservatioCkea. The required setback area shall be considered a
Vegetation conservation area. Within the Vegetation Conservation Area, no 'more than
30 percent of the area with native shoreline vegetation shall be cleared, and a minimum
of 70 percent of existing native trees shall be retained. Trees determined by the city to be
hazardous or diseased may be removed. Additionally, the Director may allow removal of
vegetation exceeding that described above where an applicant agrees to replacement
plantings that are demonstrated to provide greater benefit to shoreline ecological
processes than would be provided by strict application of this section.
(d) Shoreline Modifications.
(1) Allowed modifications to the shoreline within Urban Conservancy designated areas
include the following:
a. Shoreline Stabilization. Allowed within Urban Conservancy designated areas
under the requirements imposed by [NEW SECTION Shoreline Modifications) division (a).
c. Piers. Allowed within Shoreline Residential designated areas with a Shoreline
Conditional Use Permit under the requirements imposed by [NEW SECTION
Shoreline Modifications) division (b).
d. Docks, Moorage, and Floats. Allowed within Urban Conservancy designated
areas under the requirements imposed by [NEW SECTION Shoreline
Modifications) division (b).
e. Launching Ramps, Rails and Lift Stations. Allowed within Urban Conservancy
designated areas with a Shoreline Conditional Use permit under the requirements
imposed by [NEW SECTION Shoreline Modifications) division (c), except under the
following condition:
Page 23 of 34
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March 21,2007
1. Permitted with Substantial Development Permit in parks and public access
areas within the Urban Conservancy environment.
f. Dredging and Filling. Allowed within Urban Conservancy designated areas with a
Shoreline Conditional Use Permit under the requirements imposed by [NEW SECTION
Shoreline Modifications] division (e).
(2) Prohibited modifications to the shoreline within Urban Conservancy designated
areas include the following:
. a. Breakwaters and Jetties.
(e) Shoreline Uses.
(1) Allowed uses within Urban Conservancy designated areas include the following:
a. Residential Development. Allowed within Urban Conservancy designated
areas under the requirements imposed within [NEW SECTION] Shoreline Residential,
division (e), (1), with the following additional restrictions:
1. Setbacks. Residential development shall maintain a minimum setback of 50
feet from the ordinary high water mark, or 25 feet from the top of bluffs, whichever is
greater as' a vegetative conservation area. Exceptions to minimum setback requirements
included in [NEW SECTION] Shoreline Residential, division (e), (1), (a)(3), for both
single-family and multi-family development, shall~p:pply, but in no case shall a setback
less than 25 feet from top of bluffs. 'i,l/
b. Accessory Structures. Allow~\ . . inl~rban Conservancy designated areas
under the requirements imposed wi' ~'/S~TION] Shoreline Residential, division
(e), (1), b. . ~.. ~
c. Recreational Deve.. . ~. owed within Urban Conservancy designated
areas under the requirement~\I,i.h;(~gsed within [NEW SECTION] Shoreline Residential,
division (e), (1), c. V'
d. Utilities. Allowed within Urban Conservancy designated areas under the
requirements imposed within [NEW SECTION] Shoreline Residential, division (e), (1), d.
e. Transportation I Parking Facilities. Allowed within Urban Conservancy
designated areas under the requirements imposed within [NEW SECTION] Shoreline
Residential, division (e), (1), e.
g. Office and Commercial Development. Office and commercial development
may be allowed with Conditional Use approval in the Urban Conservancy environment
subject to the requirements of this chapter, provided:
1. The office or commercial use, or activity is permitted in the underlying zoning
classification.
2. Office and commercial development shall maintain a setback of 75 feet from
the ordinary high water mark, or 25 feet from "the top of bluffs, whichever is greater. The
minimum setback may be reduced using the stringline method, when applicable, but in no
case shall the minimum setback be less than 50 feet from OHWM or 25 feet from the top
of bluffs, whichever is greater.
3. Piers, moorages, floats, and launching facilities will not be permitted in
conjunction with office or commercial development; unless they are developed as part of
on-site public access to the shoreline.
4. Additional water quality standard must be met as per Shoreline Residential,
section 18-167(f)(2).
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(2) Prohibited uses within Urban Conservancy designated areas include:
a. Aquaculture.
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18-170 Natural environment.
(a) Purpose. The purpose of the "natural" environment is to protect those
shoreline areas that are relatively free of human influence or that include intact or
minimally degraded shoreline functions intolerant of human use. These systems
require that only very low intensity uses be allowed in order to maintain the
ecological functions and ecosystem-wide processes. Consistent with the policies of
the designation, local government should include planning for restoration of
degraded shorelines within this environment.
(b) Designation criteria. Designation criteria for the Natural environment are
provided in the City's shoreline master program, FWCC Chapter xx.:
(c) General requirements.
(1) Development waterward of the ordinary high water mark is prohibited
except water dependent recreational uses and public utilities.
(2) No structure shall exceed a height of 35 feet above average grade level.
This requirement may be modified if the view of any neighboring residences will
not be obstructed, if permitted outright by th~pplicable provisions of the
underlying zoning, and if the proposed dev,ei I ent is water-related or water-
dependent. __ -,"
(3~ All development .shall ~e ,~i"8 pv vide .adequ~te surface water
retention and sedlmentalion fa' ~J':'- construction penod.
(4) Setbacks. Development shall maintain the first 100 feet of property
landward from the ordinary high water mark as a required setback and vegetation
conservation area, or development shall maintain 50 feet from the top of bluffs in
the shoreline jurisdiction, whichever is the greater setback. Setback shall be
subject to provisions referenced in Section xx,
(5) Vegetation Conservation Area. The required setback area shall be considered a
Vegetation Conservation Area. Within the Vegetation Conservation area, no more than 15
percent of the area with native shoreline vegetation shall be cleared, and a minimum of
75 percent of existing native trees shall be retained. Trees determined by the city to be
hazardous or diseased may be removed. Additionally, the Director may allow removal of
vegetation exceeding that described above where an applicant agrees to replacement
plantings that are demonstrated to provide greater benefit to shoreline ecological
processes than would be provided by strict application of this section.
(d) Shoreline Modifications. The following shoreline modifications are
prohibited within Natural designated shoreline areas:
(1) Shoreline Stabilization;
(2) Piers, Docks, Moorages, and Floats;
(3) Launching Ramp, Rails Lift Stations;
(4) Breakwaters and Jetties; and
(5) Dredging and Filling.
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(e) Shoreline Uses.
(1) Allowed uses within Natural designated areas include:
a. Residential Development. Single-family residential development may be
permitted in the Natural environment with a Shoreline Conditional Use Permit subject to
the following:
1. Single-family residential development is permitted in the underlying zone
classification.
2. Single-family residential development is prohibited waterward of the ordinary
high water mark.
3. Setbacks.
i. Single-family residential development shall maintain a minimum setback of 100
feet from the ordinary high water mark as a vegetation conservation area, or 50 feet from
the top of a bluff, whichever is greater as a vegetation conservation area.
b. Recreational Development. Allowed within Natural designated areas under the
requirements imposed within [NEW SECTION] Shoreline Residential, division (e), (1), a.
c. Utilities. Allowed within Natural designated areas with Shoreline Conditional Use
Permit under the requirements imposed within ~W SECTION] Shoreline Residential,
division (e), (1), d. .,
(2) Prohibited uses within Natural desig,n
a. Office and Commercial De~ . ft(
b. Aquaculture. \ 1..:...........LAt ,tJ
I ?r\ \
,-) ,J \
/'
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Division 3. Administrative Procedures
18-171 Shoreline Management Permit and Enforcement Procedures,
Adoption by Reference.
The city of Federal Way hereby adopts by reference the following sections or
subsections of Chapter 173-27, as amended, of the Washington Administrative
Code ("WAC") entitled Shoreline Management Permit and Enforcement
Procedures.
WAC:
(1) 173-27 -020 Purpose
(2) 173-27 -040Developments exempt from substantial development permit
requirement
(3) 173-27-130 Filing with department
(4) 173-27 -270 Order to cease and desist
(5) 173-27 -280 civil penalty
(6) 173-27 -290 Appeal of civil penalty
(7) 173-27 -300 Criminal penalty
18-172 Permit processing an~~ .~..
An application for a sUbstantia~~ . tnt permit shall be made to the
department of community developme~.,6nt.torms prescribed by the department. Upon
submittal of a complete application, and required fees, the department shall instruct the
applicant to publish notices of the application at least once a week on the same day of the
week for two consecutive weeks in a newspaper of general circulation within the city. The
applicant shall also provide additional public notice as prescribed in process III, FWCC
22-431 et seq. (Ord. No. 90-38, 9 1(24.40), 2-27-90; Ord. No. 97-291, 9 3, 4-1-97; Ord.
No. 98-323, 9 3, 12-1-98; Ord. No. 99-355, 9 3, 11-16-99)18-173 Procedure for review.
18-173 Procedure for Review.
The substantial development permit shall be reviewed under the provisions of
process III, FWCC 22-386 et seq., and the WAC 173-27 procedures adopted by
reference in FWCC 18-171. The director of community development services shall
be the final approval authority for the permit. (Ord. No. 90-;38, 9 1 (24.50), 2-27-90;
Ord. No. 97-291, 9 3, 4-1-97; Ord. No. 98-323,93,12-1-98; Ord. No. 99-355, 9 3,
11-16-99)
18-174 Shoreline Exemption.
(a) The purpose of a shoreline exemption is to provide an approval process for
uses and activities which do not trigger the need for a substantial development
permit, but require compliance with the shoreline guidelines and the goals, policies
and other provisions of the City's SMP.
(b) To qualify for an exemption, the proposed use, activity or development must
meet the requirements for an exemption as described in WAC 173-27-040.
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(C) If the proposed development meets the requirements for an exemption, the
applicant shall submit an authorized statement of exemption to the director of
community development services for review and approval. The statement shall
indicate the specific exemption provision from WAC 173-27-040 that is being
applied to the development and provide a summary of the analysis demonstrating
consistency of the project with the Federal Way SMP and the SMA. The burden of
proof that a development or use is exempt from the permit process is on the
. applicant If any part of the development is not eligible for exemption, then a
Substantial Development Permit is required for the entire proposed development.
. (d) The director may attach conditions to the approval of exempted
developments and / or uses as necessary to assure consistency of the project with
the SMA and the Federal Way SMP, per WAC 173-27-040(e). For example, in the
case of development subject to a building permit, but exempt from the shoreline
permit process, the Building Official or other permit authorizing official, through
consultation with the director, may attach shoreline management terms and
conditions to Building Permits and other permit approvals pursuant to RCW
90.58.140.
(e) Where shoreline development pro~o\s .... subject to review, approval,
and permi~ing by a federal or state ~~~n K . \ t <y tiitptor shall prep~r~ a statement
of exemption, addressed to th '... ~lo~ne'Jederal or state permitting agency,
and Ecology. 1..' ir\\
18-175 Application Require ~n1s.'
(a) A complete application for a substantial development, conditional use, or
variance permit shall contain, as a minimum, the following information:
(1) The name, address and phone number of the applicant. The applicant
should be the owner of the property or the primary proponent of the project and not
the representative of the owner or primary proponent.
(2) The name, address and phone number of the applicant's representative if
other than the applicant.
(3) The name, address and phone number of the property owner, if other than
the applicant.
(4) Location of the property. This shall, at a minimum, include the property
address, parcel number and identification of the section, township and range to the
nearest quarter, quarter section or latitude and longitude to the nearest minute. All
applications for projects located in open water areas away from land shall provide
a longitude and latitude location.
(5) Identification of the name of the shoreline (water body) that the site of the
proposal is associated with. This should be the water body from which jurisdiction
of the act over the project is derived.
(6) A general description of the proposed project that includes the proposed use
Page 29 of 34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
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or uses and the activities necessary to accomplish the project.
(7) A general description of the property as it now exists including its physical
characteristics and improvements and structures.
(8) A general description of the vicinity of the proposed project including
identification of the adjacent uses, structures and improvements, intensity of
development and physical characteristics.
(9) A site development plan consisting of maps and elevation drawings, drawn
to an appropriate scale to depict clearly all required information, photographs and
text which shall include:
(a) The boundary of the parcel(s) of land upon which the development is
proposed.
(b) The ordinary high water mark of all water bodies located adjacent to or
within the boundary of the project. This may be an..a~proximate location provided,
that for any development where a determinal0~m <Consistency with the applicable
regulations requires a precise location of tfls ~r-<1inb:ty high water mark the mark
shall be located precisely and the b~~i ~~d hfdrological basis for the location
as indicated on the plans Shall~i~dla , Jthe development plan. Where the
ordinary high water mark is nelth~, .. p ~ to or within the boundary of the
project, the plan shall indicate ~h~'$taoce and direction to the nearest ordinary
high water mark of a shoreline~
(c) Existing and proposed land contours. The contours shall be at intervals
sufficient to accurately determine the existing character of the property and the
extent of proposed change to the land that is necessary for the development.
Areas within the boundary that will not be altered by the development may be
indicated as such and contours approximated for that area.
(d) A delineation of all wetland areas that will be altered or used as a part of the
development.
(e) A general indication of the character of vegetation found on the site.
(f) The dimensions and locations of all existing and proposed structures and
improvements including but not limited to; buildings, paved or graveled areas,
roads, utilities, septic tanks and drainfields, material stockpiles or surcharge, and
stormwater management facilities.
(g) Where applicable, a landscaping plan for the project.
(h) Where applicable, plans for development of areas on or off the site as
mitigation for impacts associated with the proposed project shall be included and
contain information consistent with the requirements of this section.
(i) Quantity, source and composition of any fill material that is placed on the site
Page 30 of 34
City of Federal Way SMP - Article III. Shoreline Management - Draft Regulations
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whether temporary or permanent.
U) Quantity, composition and destination of any excavated or dredged material.
(k) A vicinity map showing the relationship of the property and proposed
development or use to roads, utilities, existing developments and uses on adjacent
properties.
(I) Where applicable, a depiction of the impacts to views from existing
residential uses and public areas.
(m) On all variance applications the plans shall clearly indicate where
development could occur without approval of a variance, the physical features and
circumstances on the property that provide a basis for the request, and the location
of adjacent structures and uses.
(n) Summary of how the proposal meets relevant decisional criteria.
(0) Additional information as reqUested"b~ t ~.
18-176 Shoreline Substantial DeV"1111 ", .', pe~it.
(a)The purpose of ~ substa~~~'1 ~(~~~. \ ~nt permit is to pro~ide ~n approval process
for any development with a toted csqstr'q~~ .market value exceeding five thousand dollars
($5,000) or any development ~~~h~~\terially-interferes with the normal public use of the
water or shorelines of the stat~~cept those exempted developments set forth in the
preceding section, consistent with WAC 173-27-040.
(b) When a substantial development permit is requested, the permit shall be reviewed
under the provisions of process III, FWCC 22-386 et seq., and the director of community
development shall be the final approval authority for the City of Federal Way.
(c) A Substantial Development Permit shall be granted by the director only when the
development proposed is consistent with the following:
(1) Goals, objectives, policies and 'use regulations of the Federal Way SMP;
(2) Federal Way Comprehensive Plan and City Code; and
(3) The policies, guidelines, and regulations of the SMA (RCW 90.58, WAC 173-26
and WAC 173-27).
(d) The director may attach conditions to the approval of permits as necessary to
assure consistency of the proposal with the above criteria.
18-177 Shoreline variance.
(a) The purpose of a shoreline variance is to grant relief to specific bulk,
dimensional or performance standards set forth in the shoreline master program,
and where there is an extraordinary or unique circumstance relating to the property
such that the strict implementation of the shoreline master program would impose
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March 21, 2007
unnecessary hardship on the applicant or thwart the policies of the Shoreline
Management Act.
(b) When a variance is requested, the substantial development permit and the
variance shall be reviewed under the provisions of process IV, FWCC 22-431 et
seq., and the hearing examiner shall be the final approval authority for the City of
Federal Way. The Department ~f Ecology shall be the final approval authority
under WAC 173-27-200.
(c) A variance from the standards of the master program may be granted only
when the applicant can demonstrate that all the following conditions will apply:
(1) That the strict requirements of the bulk, dimensional or performance
standards set forth in the master program precludes or significantly interferes with
a reasonable use of the property not otherwise prohibited by the master program;
(2) That the hardship described above is specifically related to the property,
and is the result of unique conditions such as irregular lot shape, size, or natural
features, and the application of the master program, and not for example, from
deed restriction or the applicant's own actions;
(3) That the design of the project will be compatible with other permitted
activities i~ the a.rea and will not cause advers~ff~cts to adjacent properties or
the shoreline environment; ~.:(
(4) That the variance authorized doe~o nstjtute a grant of special privilege
not enjoyed by othe~ p~operties, an~1"t\l ~~1[1 mi~ir:num n~cessary to afford relief;
(5) That the public Interest I uff~ f1~st'J>stantlal detnmental effect;
(6) That the public rights bfi~~,~~j6rrand use of the shorelines will not be
adversely affected by the g~rtt(n'g "'of the variance when the proposal is for
development located waterward of the ordinary high water mark, or within
wetlands, estuaries, marshes, bogs or swamps; and
(7) That consideration has been given to the cumulative effect of like actions in
an area where similar circumstances exist, and whether this cumulative effect
would be consistent with, shoreline policies or would have substantial adverse
effects on the shoreline.
(d) Shoreline variances may not be used to permit a use that is specifically
prohibited in an environment, or to vary uses permitted within an environmental
designation. (Ord. No. 90-38, S 1 (24.60.1 0 - 24.60.40), 2-27-90; Ord. No. 97-291,
S 3, 4-1-97; Ord. No. 98-323, S 3,12-1-98; Ord. No. 99-355, S 3,11-16-99)
18-178 Conditional uses.
(a) The purpose of the conditional use permit is to provide greater flexibility in
varying the application of the use regulations of the shoreline master program in a
manner which will be consistent with the policies of Chapter 90.28 RCW,
particularly where denial of the application would thwart the policies of the
Shoreline Management Act.
(b) When a conditional use is requested, the substantial development permit
and the conditional use shall be reviewed under the provisions of process IV,
FWCC 22-431 et seq., and the hearing examiner shall be the final approval
authority for the City of Federal Way. The Department of Ecology shall be the final
approval authority under WAC 173-27-200.
(c) Conditional uses have unique and special characteristics which require a
special degree of control to make the uses compatible with other existing or
permitted uses in the same environment, and to assure that the use is in the public
Page 32 of 34
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interest. In authorizing a conditional use permit, special conditions may be
attached to the permit by the hearing examiner to prevent undesirable effects or
mitigate environmental impacts of the proposed use.
(d) Conditional use permits shall be authorized only when they are consistent
with the following criteria:
(1) The proposed use is consistent with the policies of RCW 90.58.020 and the
policies of the master program;
(2) The use will not interfere with normal use of public shorelines;
(3) The use will cause no unreasonable adverse effects on the shoreline or
surrounding properties or uses, and is compatible with other permitted uses in the
area;
(4) The public interest will suffer no substantial detrimental effect;
(5) Consideration has been given to cumulative impact of additional requests
for like actions in the area.
(e) Other uses not set forth in the shoreline master program may be authorized
through a conditional use permit if the applicant can demonstrate that other uses
are consistent with the purpose of the shoreline environmental designation and
compatible with existing shoreline improvements q~t~at extraordinary
circu.n:stances preclude reasonable use of th~~frty; however, uses specifically
prohibited by the master program may- n .ea..... t1th~ID' nzed. (Ord. No. 90-38, S
. I ) I .
1(24.70.10 ~ 24.70.50),2-27-90,0._. \ ~i23,.~ 3,12-1-98, Ord. No. 99-355, S
3, 11-16-99, Ord. No. 00-375, &.~...'..". ........ -. ~[\Jl
~.IJ \~/ ~
18-179 Final approval of sho'4l:in permits.
(a) The director of commun~t1development shall notify the following agencies
or persons within five days of the final approval of a shoreline permit and any
variances or conditional uses granted:
(1) The applicant;
(2) The State Department of Ecology;
(3) Any person who has submitted written comments on the application;
(4) Any person who has requested notification in writing prior to final approval
of the permit.
(b) No work may commence on a site requiring a shoreline permit until 21
days following the date of filing of the shoreline permit by the State
Department of Ecology, and written notification has been received from the
Department of Ecology that the appeal period has been initiated. (Ord. No. '
90-38, ~ 1(24.80.10, 24.80.20), 2-27-90; Ord. No. 98-323, ~ 3,12-1-98; Ord. No.
99-355, ~ 3, 11-16-99)18-180 Combined hearing authority.
In those cases when development proposed in the shorelines may require a public
hearing under the authority of other chapters of ~his Code, the hearings may be
combined. (Ord. No. 90-38, S 1(24.90), 2-27-90; Ord. No. 98-323, S 3, 12-1-98;
Ord. No. 99-355, S 3, 11-16-99)
18-181 Appeals.
All appeals of any final permit decision are governed by the procedures established in
RCW 90.58.180, RCW 90.58.140(6), and WAC 481-03, the rules and procedures of the
Shorelines Hearing Board. All appeals of any final permit decision must be made to the
Shorelines Hearing Board within twenty-one (21) days after the City's final decision
Page 33 of 34
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concerning the substantial development permit or formal approval to revisions of the
permit.
18-182 Permit Revisions.
(a) A permit revision is required whenever an applicant proposes substantive changes
to the design, terms or conditions of a project from that which was approved in the permit.
When a revision of a shoreline permit is sought, the applicant shall submit detailed plans
and text describing the proposed changes in the permit and demonstrating compliance
with the minimum standards pursuant to WAC 173-27-100.
(b) If the proposed changes are determined by the director to be within the scope and
intent of the original permit, and are consistent with the SMA (RCW 90.58), the
Guidelines in WAC 173-26, and this SMP, the revision shall be approved.
18-183 Replacement, alteration or reconstruction of nonconforming use or
development.
(a) Applications for substantial development or building permits to modify a
nonconforming use or development may be approv. d only if:
(1) The modifications will make the use or 8.~ ~ment less nonconforming; or
(2) The modifications will not ms'k.e use or development more
. Al\
nonconforming. Ib~) II \
(b) An existing use or deveIO"'r1;1~R~j '1oJ, G..- forming to existing regulations,
whic.h is. destroyed ~ay be r~p'~~i'r.~~tJ~Xi~ted prior to destructio~ provided
application for required permlttl~lli.Iade within one year of destruction. (Ord. No.
90-38, S 1(24.100), 2-27-90; Ord. No. 98-323, S 3,12-1-98; Ord. No. 99-355, S 3,
11-16-99 )
(c) An existing mechanical improvement, not conforming to existing regulations,
which breaks and cannot be repaired may be replaced, provided the replacement
is no more nonconforming and application for required permits is made within one
year of failure.
18-184 Shoreline environment redesignation.
Shoreline environments designated by the master program may be
redesignated by the city council upon finding that such redesignation will be
consistent with:
(1) The policies of Section 2 of the Shoreline Management Act of 1971.
(2) The goals, objectives and policies of the master program.
(3) The designation criteria of the shoreline environment designation requested. (Ord. No. 98-
323, S 3, 12-1-98; Ord. No. 99-355, S 3, ll-16-99)
Page 34 of 34
City of Federal Way SMP - Article 1/1, Shoreline Manaoement - Draft Reoulations
Mw.C;f1 21. lQ_QZ
FP Irs S[-(~ VSf2-->ldJ
4AArticle III.
SHORELINE MANAGEMENT
Sections:
Division 1. Generally
18-161 Purpose and authority.
18-162 J u risd iction.
18-163 Additional definitions.
Division 2. Shoreline Regulation
18-164 General development standards.
18-165 Shoreline modifications.
18-166 Environment desiQnations.
18-167 Permitted use table.
18-168 Shoreline residential e
18-169 Urban conservanc en~i<r
18-170 Natural environment.
~,<
/
'I
L
Division 3. Administrative Procedures
18-171 Shoreline manaQement permit and enforcement procedures,
adoption by reference.
18-172 Permit processinq and public notice.
18-173 Procedure for review.
18-174 Shoreline exemption.
18-175 Application requirements.
18-176 Shoreline substantial development permit.
18-177 Shoreline variance.
18-178 Conditiona'l uses.
18-179 Final approval of shoreline permits.
18-180 Combined hearinq authority.
18-181 Appeals.
18-182 Permit Revisions.
18-183 Replacement. alteration or reconstruction of nonconforminQ use or
development.
18-184 Shoreline environment redesiqnations.
18 161 Environment31 design3tions.
18 165 Urb3n environment.
18 166 Rur31 environment.
18 167 Conserv~lncy residenti31 environment.
18 168 N3tur31 environment.
18 169 l\pplic3tion 3nd public notice.
Page 1 of 51
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March 21.2007
18 170 Procedure for review.
18 171 Shoreline v3ri3nce.
18 172 Condition31 uses.
18 173 Fin31 3pprov31 of shoreline permits.
18 171 Combined he3ring 3uthority.
18 175 I\Iter3tion or reconstruction of nonconforming use or development.
18 176 Shoreline environment redesign3tion.
Division 1. Generally
18-161 Purpose and authority.
The city adopts these regulations under the authority of the Shoreline
Management Act of 1971, Chapter 90.58 RCW, as amended, and the
Shoreline Management Guidelines, Chapter 17344-26 WAC. (Ord. No.
90-38, S 1(24.10),2-27-90; Ord. No. 98-323, S 3,12-1-98; Ord. No. 99-
355, S 3, 11-16-99t
18-162 Jurisdiction. ~
(a) The provisions of this article s~~1I appl i development
proposed within the areas d~fi~'~d\,lsidh~e'li~e~" I~. RCW .
90.58.030(2)(d), and "shorehn... ~tat~wtde slgnrflcance" In RCW
90.58.030(2)(e) see 18-163 irlb~s. The approximate location of
these shorelines shall be desigRated on maps maintained by the
department of community development; however, the property owner or
applicant shall be responsible for determining the exact location of the
shoreline when a permit is filed.
(b) No development shall be undertaken by any person on the
shorelines of the state without obtaining a shoreline permit from the
department of community development. or an authorized statement of
exemption per; provided, that a permit sh311 not be required for
development exempted from the definition of subst3nti31 devolopment in
WAC 173-27-040 and for developments exempted by RCW 90.58.140(9)
and (10). (Ord. No. 90-38, S 1(24.30.10,24.30.20),2-27-90; Ord. No. 98-
323, S 3, 12-1-98; Ord. No. 99-355, S 3, 11-16-99)
18-163 Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in
this chapter, Chapter 22 FWCC, Chapter 90.58 RCW, and Chapter 173-26
WAC shall apply.
Act: means the Washinqton State Shoreline Manadement Act,
Chapter 90.58 RCW.
Access: limited public access me3ns:
(1) Actu31 physic31 3ccess from I3nd to the ordinary high \N3ter mark or
to the \Netl3nd directly 3butting the ordin3ry high w3ter m3rk, such 3ccess
Page 2 of 51
City of Federal Way SMP - Article III, Shoreline Manaaement - Draft Reaulations
March 21, 2007
being limited to ~pecific groups of people or to certain regul3rly prescribed
times; or
(2) Visual access avail3ble to the general public to the shoreline and
adjacent w3ter body, cuch access being specifically provided for in the
development of the site,
/\ccess: public access means actual unobstructed access available to
the general public from 13nd to the ordinary high \^.'3ter mark or to the
wetl3nd directly abutting the ordin3ry high V.'3ter mark.
Amendment means a revision, update, addition, deletion, and/or
reenactment to the Federal Way SMP.
/\vorago grade love! means tho average of the n3tur31 or existing
topogr3phy at the center of all exterior walls of 3 building or structure to be
placod on 3 site; provided, that in the caso of structures to be built over
'Nater, average gr3de level shall be the olevation orf ordinary high water.
Backshore means a berm, together with associated marshes or
meadows, on marine shores landward of the ordinary high water mark
which is normal!y above high tide level and has be7~ gradually built up by
accretion. ~I r
Bank means a stee rise or slo e at tlfl~ etti.e ~fl a bod of water or
.,/ ~J
water course. I ~
Beach nourishment means ;:lenishin of a beach b
delive of materials dred ed elsewhere.
Berm means a led e or shC'consistin of mounded earth or rock.
, ,
distributed by natural 'N3ter processes for tho purpose of supplementing
be3ch m3teri31.
Berm means one or several linear mounds of sand and gr3vel
generally paralleling the shore at, or land'Nard of, the ordinary high water
mark which are normally stable because of material size or vegetation.
Breakwater means an off-shore structure, either floating or not, which
mayor may not be connected to the shore, such structure being
designated to absorb and/or reflect back into the water body the energy of
the waves.
Bulkhead means a solid or open pile of rock, concrete, steel, timber,
othor m3teri31s, or 3 combination of these m3terials erected generally
parallel to and near the ordinary high wator mark for the purpose of
protecting adjacent shorelands and uplands from waves or currents.a wall,
seawall, embankment or other structure erected at or near the OHWM and
rouqhly parallel to the shoreline that retains or prevents slidinq or erosion
of land or protects land from wave or current action.
Bluff means a steep slope which abuts and rises from Puqet Sound.
Bluffs contain slopes predominantly in excess of 40 percent, althouqh
portions may be less than 40 percent. The toe of the bluff is the beach of
Puqet Sound. The top of a bluff is typically a distinct line where the slope
abruptly levels out. Where there is no distinct break in slope, the slope is
either the line of veqetation separatinq the unveqetated slope from the
veqetated uplands plateau or, when the bluff is veqetated , the point where
the bluff slope diminishes to less than 15 percent.
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Class I be3ch moans ::1 be::lch or shoro h::1ving depond::lble,
goologic::1lly fully devoloped, ::1nd normally dry backshoro ::1bovo high tide.
Ck1ss ,If boach mO::1ns ::1 bO::1ch or shore h::1ving only m::1rginally,
goologic::1l1y p::1rti3l1y developed, ::1nd not dependably dry b3ckshore 3bove
high tide.
Class J/! beach means ::1 be3ch or shore h3ving no dry b3ckshore
3vail3ble 3t high tide.
Conditional use means a use, development, or substantial
development which is classified as a shoreline conditional use or is not
classified within the SMP.
Critical sa/monid habitats mean habitats that are used by Pacific
salmonid species that miqrate between fresh water and salt water durinq
their life cycle. These habitats include:
1.
Dock means all platform structures in or floatinq upon water bodies
and connected to land to provide mooraqe or landinq for waterborne
pleasure craft and/or water-dependent recreation uses.
Dredqina means the removal of earth from the bottom of a stream,
marine water body9av, lake or other water body for the purposes of
deepeninq and/or maintaininq a naviqational channel or to obt3in use of
#te--Bettem--materials for landfill..
Drift ceff (Also referred to as "drift sector." or "littoral cell") means a
particular reach of marine shore in which littoral drift may occur without
siqnificant interruptidn and which contains any natural sources of such drift
and also accretion shore forms created by such drift.
Ecoloaical functions means the work performed or role played by the
physical. chemical. and bioloqical processes in the shoreline that
contribute to the maintenance of the aquatic and terrestrial environments
that constitute the shoreline's natural ecosystem.
Ecosvstem-wide processes means the suite of naturally occurrinq
physical and qeoloqic processes of erosion. transport, and deposition; and
specific chemical processes that shape landforms within a specific
shoreline ecosystem and determine both the types of habitat and the
associated ecoloqical functions.
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Environmont, or m3stor program environmont, or s~horolino
environment me3ns the c3tegories of shorelines of the state est3blished
by the city of Feder31 W3Y shoreline m3n3gement m3ster progr3m to
differentiate between 3re3S whose footures imply-4iffering objectives
reg3rding their UGO 3nd futuro development.
Exemptions means those development activities set forth in Chapter
XX of the Federal Way SMP which are not required to obtain a Substantial
, Development Permit but which must obtain an authorized statement of
exemption and which must otherwise comply with applicable provisions of
the Act and the City's SMP.
Fill means the addition of soil, sand, rock, qravel, sediment, earth
retaininq structure, or other material to an area waterward of the OHWM,
in wetlands, or on shorelands in a manner that raises the elevation or cre
ates dry land.
Float means a structure or device which is not a breakwater and which
is moored, anchored, or otherwise secured in the waters of Federal Way,
and which is not connected to the shoreline.
Gradinq means the movement or redistribution",,@f;1the soil, sand, rock,
ravel sediment or other material on a site ia6ner that alters the
natural contour of the land. II
Groin means a barrier type stru 4~ ...: Inglfrom the backshore into
the water across the beach. T . I \~.,;groin is to interrupt
sediment movement along the
Jetty means an artificial ba ... ed to change the natural littoral drift
to protect inlet entrances fromr6gging by excess sediment.
Landslide means an episodic downslope movement of a mass of soil or
rock that includes but is not limited to rockfalls, slumps, mudflows, and
earthflows.
Littoral drift means the natural movement of sedimen.t along marine or
lake shorelines by wave breakerwave-action ond currents in response to
prevailing winds.
Marine means pertaininq to tidally influenced waters, includinq PUQet
Sound and the bays, estuaries and inlets associated therewith.
Native Shoreline Veqetation means trees, shrubs and other plant
species that are indiqenous to a specific area or reqion. Plants native to
western WashinQton are referenced in Flora of the Pacific Northwest
(Hitchcock and Cronquist). Ornamentallandscapinq and invasive species
shall not be considered native shoreline veqetation.
Nearshore means either nearshore environment or nearshore habitat
and refer QenerallY to an area alonq the Puqet Sound shoreline that
extends from the top of bluffs or upland area immediately adiacent to the
beach to the point where sunliqht penetrates marine waters to a depth
where aquatic plant life is supported.
Nonconforminq use or development means a shoreline use or
development which was lawfully constructed or established prior to the
effective date of the Act or the applicable SMP, or amendments thereto,
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but which does not conform to present requlations or standards of the
SMP.
Non-water-oriented uses means those uses which have little or no
relationship to the shoreline and are not considered priority uses under the
SMA. Examples include professional offices, automobile sales or repair
shops, mini-storage facilities, multifamily residential development,
department,stores, and gas stations.
Ordinary Hiah Water Mark (OHWM) means the mark on all lakes,
streams and tidal waters that will be found by examininq the beds and
banks and ascertaininq where the presence and action of waters are so
common and usual and so lonq continued in all ordinary years as to mark
upon the soil a character distinct from that of the abuttinq upland, in
respect to veqetation, as that condition existed on June 1, 1971, as it may
naturally chanqe thereafter, or as it may chanqe thereafter in accordance'
with permits issued by a local qovernment or the Department of Ecoloqy.
In any area where the ordinary hiqh water mark caRobt be found, the
ordina hi h water mark ad'oinin saltwater sh~rhbe the line of mean
hi her hi h tide and the ordina hi h wa aqfoinin freshwater
shall be the line of mean hiqh water~\ lJ
.l~<
Pier means an latform s l~d oatin structure u on water
bodies that is connected to la ~J rovides ublic access fishin or
mooraqe for watercraft enqaq in commerce or public transportation.
Primary Structure means the structure associated with the principal
us'e of the property. If more than one structure is associated with the
principal use of the property, the one with the hiqhest value shall be
considered the primary structure.
Public Access means the public's ability to qet to and use the State's
public waters, the water/land interface and associated public shoreline
area.
Restoration means in the context of "ecoloqical restoration," the
reestablishment or upqradinq of impaired ecoloqical shoreline processes
or functions. This may be accomplished throuqh measures includinq, but
not limited to, reveQetation, removal of intrusive shoreline structures and
removal or treatment of toxic materials. Restoration does not imply a
requirement for returninq the shoreline area to aboriqinal or pre-European
settlement conditions.
Ri/Jra/J means a layer, facinq or protective mound of anQular stones
randomly placed to prevent erosion, scour or slouqhinq of a structure or
embankment; also, the stone so used.
Shore/ands, also referred to as "shoreland areas," means those lands
extendinq landward for two hundred feet in all directions as measured on
a horizontal plane from the ordinary hiqh water mark; floodways and
contiquous floodplain areas landward two hundred feet from such
floodways; and all wetlands and river deltas associated with the streams,
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lakes, and tidal waters which are subiect to the provisions of this chapter;
the same to be desiqnated as to location by the Department of Ecoloqy.
Shoreline administrator means the administrator shall be the GHv
M~m3qorPl::mninq Director of the Department of Community Development
or his or her desiqnee and is responsible for administerinq the Federal
Way SMP. I
Shoreline environment desiqnation means the cateqories of shorelines
of the state established by the city of Federal Way shoreline manaqement
master proqram to differentiate between areas whose features imply
differing obiectives reqardinq their use and future development.
Shoreline iurisdiction means all "shorelines of the state" and
"shorel~nds" as defined in the Federal Way SMP and RCW 90.58.030.
Shoreline Master Proqram (SMP) means the comprehensive use plan
for a described area, and the use requlations toqether with maps,
diaqrams, charts, or other descriptive material and text, a statement of
desired qoals, and standards developed in accord,ante with the policies
enunciated in RCW 90.58.020. ~"(
Shoreline modifications means those ttfiit modif the h sical
confi uration or ualities of the sho sLtall throu h the
construction of a h sical elelke breakwater ier weir
dred ed basin fill bulkhead de! "fine structure. The can
include other actions such as -and radin
chemic3lE.
Shoreline stabilization means actions taken to address erosion
impacts to property, dwellinqs, businesses, or structures caused by
natural shoreline processes such as currents, floods, tides, wind or wave
action.
Shorelines means all of the water areas of the state, includinq
reservoirs, and their associated shorelands, toqether with the lands
underlyinq them; except (i) shorelines of statewide siqnificance; (ij)
shorelines on seqments of streams upstream of a point where the mean
annual flow is twenty cubic feet per second or less and the wetlands
associated with such upstream seqments; and (iii) shorelines on lakes
less than twenty acres in size and wetlands associated with such small
lakes.
Shorelines of Statewide Siqnificance means those areas of Puqet
Sound in the City of Federal Way Iyinq seaward from the line of extreme
low tide.
Shorelines of the state means the total of all "shorelines" and
"shorelines of statewide siqnificance" within the City of Federal Way.
Soft-shore bank stabilization means the use of bioenqineerinq or
biotechnical bank stabilization measures where veqetation, loqs, rock and
beach nourishment are used to address erosion control and slope stability.
SMP means the Shoreline Master Proqram.
SMA means the Shoreline Manaqement Act.
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Stringline setback means a straight line drawn between the points on
the primary structures buildings having the greatest projection (including
apf)1::l,r:teflaflt-&tftl-Gfl::lf-es-&I:lffi-as-EieGk-s),-_waterward on the two adjacent
properties. If one of the adjacent properties is unimproved the line shall
be drawn to the point of the standard shoreline setback at the side
property line of the unimproved lot.
Substantial Accessory Structure means non primary structures equal
to or larqer than 400 square feet and' in qood repair.
Water-dependent means a use or portion of a use which cannot exist
in any other location and is dependent on the water by reason of the
intrinsic nature of its operations. Examples of water dependent uses may
include ship cargo terminal loading areas, ferry and passenger terminals,
barge loading facilities, ship building and dry docking, marinas,
aquaculture, float plane facilities and sewer outfalls.
Wator enjoyment me~ms a recreational-use,er other use facilitatffig
public aG€€S&-to the shoreline as a primary-GhaffiGtefi.st.ic of the u~
use that provides for recreational use or aesthetic enjoyment of the
shoreliR&-for a substantial number-ef.-t3e9f3J.e.-.as fistiG-Gf
the use and which thr-etlgh the looatfe wr-es--the
, . the
ts of the use that fo&ter-s
, ,
access to shorelines of the-state; and geReral water enjoyment uses may
ffiGI.I::ldo, but are net-limited to, restauraflt-s,-ffiI::lsetlffiS, aquariums,
scientific/ecological reserves, recorts and mixed use commercial;
provided, that such uses conf.orm to the abovo water enjoyment
specifieatffiR.s-and the ~r-ovisions of the maste~m-:
V'/ater orionted means any combination of '.vater dependent, wator
related, and/or water enjoyment uses and cerves as an all encompassing
definition for priority uses under the SM^.
Water-related means a use or portion of a use which is not intrinsically
dependent on a waterfront location but whose economic vitality is
dependent upon a waterfront location because:
(1) Of a functional requirement for a waterfront location such as the
arrival or shipment of materials by water or the need for large quantities of
water; or
(2) The use provides a necessary service supportive of the water-
dependent commercial activities and the proximity of the use to its
customers makes its services less expensive and/or more convenient.
,Examples include professional services serving primarily water-dependent
activities and storage of water-transported foods. (Ord. No. 98-323, ~ 3,
12-1-98; Ord. No. 99-355, ~ 3,11-16-99)
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Division 2. Shoreline Regulation
18-164 [NEW SECTIONl General development standards.
The followinq qeneral development standards apply to all uses and
activites in all shoreline environments: '
(a) Impact mitiQation.
(1) To the extent WaShinqton's State Environmental Policv Act of 1971 (SEPA),
chapter 43.21 C RCW, is applicable, the analysis of environmental impacts from
proposed shoreline uses or developments shall be conducted consistent with the
rules implementinq SEPA (FWCC XX and WAC 197-11). Mitiqation for adverse
impacts to shoreline functions will be triqqered durinq the SEPA review, shoreline
land use permit process or exemption approval process.
(2) Where required, mitiqation measures shall be applied in the followinq
sequence of steps listed in order of priority.
a, Avoidin the im act alto ether b certain action or arts of an
action ;
b.
c.
d. Reducinq or eliminatinq the impact over time by preservation and
maintenance operations;
e. Compensatinq for the impact by replacinq, enhancinq, or providinq
substitute resources or environments; and
f. Monitorinq the impact and the compensation projects and takinq
appropriate corrective measures.
f3j(3) In determininq appropriate mitiqation measures applicable to shoreline
development, lower priority measures shall be applied onlv where hiqher
priority measures are determined to be infeasible or inapplicable.
(4) Required mitiqation shall not be in excess of that necessary to assure that
proposed uses or development will result in no net loss of shoreline ecoloqical
functions.
(5) Mitiqation actions shall not have a siqnificant adverse impact on other
shoreline functions fostered by the policy of the Shoreline Manaqement Act.
(6) When compensatory measures are appropriate pursuant to the mitiqation
priority sequence above, preferential consideration shall be qiven to measures
that replace the impacted functions directly and are located in the immediate
vicinity of the impact. However, alternative compensatory mitiqation may be
authorized if said mitiqation occurs within the watershed and addresses limitinq
factors or identified critical needs for shoreline conservation based on watershed
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or comprehensive manaqement plans. Authorization of compensatory mitiqation
measures may require appropriate safequards. terms or conditions as necessary
to ensure no net loss of ecoloqical functions.
iQl-Ve~etation conservation. Existinq native shoreline veqetation
shall be preserved to the maximum extent feasible within the shoreline
setback consistent with safe construction practices. and other provisions
of this chapter. Specifically native trees and shrubs shall be preserved to
provide habitat, shade and slope stabilization functions to maintain
ecoloqical processes in the City's shoreline.
(c) Water qualitv I stormwater. All activities and development within
the shoreline jurisdiction shall incorporate water pollution control
measures and best manaqement practices (BMPs) for stormwater
manaqement. Such measures shall address both temporary impacts to
water quality from construction activities as well as the need for
permanent stormwater manaqement facilities in compliance with the
re uirements and restrictions of all a licabl . ,trfd state re ulations.
d Critical areas. Activities an€l<(fQv nt~ critical areas found
within shoreline jurisdiction art dm I with the followin
development standards.
1 Geolo ic Hazard Are hazardous areas as
defined in FWCC Chapter 22) cated in the shoreline jurisdiction include seismic
hazard areas. landslide hazard areas. steep slopes and erosion hazard areas. If
a qeoloqic hazardous area is located within the shoreline jurisdiction, all activities
on the site shall be in compliance with the requirements and restrictions of
FWCC Chapter 22, Article XIV, Division 4: -{Critical Areas.}.
(2) Streams and Wetlands. If a stream or wetland (as defined in FWCC
Chapter 22) is located within the shoreline jurisdiction, all activities within the
shoreline jurisdiction shall be in compliance with the requirements and
restrictions of FWCC Chapter 22, Article XIV, Divisions 5 & 6: Critical Areas.
(3) Flood Hazard Reduction. If an area of special flood hazard is located on
or adjacent to a development site within shoreline iurisdiction, all activities on the
site shall be in compliance with the requirements and restriction of FWCC
Chapter 18. Article II, Division 6: Critical Areas.
(4) Critical Aquifer Recharqe Areas and Wellhead Protection Areas. If a
critical aquifer recharqe area or wellhead protection area (as defined in FWCC
Chapter 22) is located within the shoreline jurisdiction. all activities within the
shoreline iurisdiction shall be in compliance with the requirements and
restrictions of FWCC Chapter 22, Article XIV, Division 9: Critical Areas.
(e) Critical salmonid habitats. All saltwater shorelines in Federal Way are
critical salmonid habitats. Activities and development in critical salmonid habitats
found within the shoreline iurisdiction are required to comply with the followinq
development standards in addition to those contained in other sections of this
chapter:
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_(kl) Salmon and steelhead Critical Saltwater- and Freshwater H3bitats
fGffiiGal--J=4.ahitatsh
(1) Structures which prevent the migration of salmon and steel head are
prohibited in the portions of the water bodies used by fish. Fish bypass facilities
shall allow the upstream migration of adult fish. Fish bypass facilities shall
prevent fry and juveniles migrating downstream from being trapped or harmed.
(2)L~mdfills shall not intrude intos31mon and stcclhc3d h3bit3ts, except 38
provided in subsection (k)(3) of this section,
(~~)baAGEfills may intrude into critical salt water areas salmonid habitats
tJSed by salmon and &teelhead fer migratiGfl-Ger-Fidors, re3ring, feeding and
~only where the proponent obt3ins 3 ceflEHtieflat-use permit (CUP) aOO
demonstrates all of the following conditions are met:
a-,. The landfill is for water dependent or 'N3ter rel3ted use;
ef!. An alternative alignment or location is not feasible;
sQ. The project is designed to minimize its impacts on the environment;
d~. The proiect facility is in the public interest; and
ego If the project will create significant un.cp.1~idable adverse impacts, the
impacts are mitigated by creating in-kind r d~~~ent habitat near the project.
Where in-kind replacement mitigation i t~ea$ible, rehabilitating degraded
habitat may be required as a substi~ (~
(1) UnJ.e.s . at-seft-shere bank stabilizatioA-Gf
meeH€t.Aee . sful, bHlkl:leads-afl€i-ether shorelffie
habitat.
taj-W-Rer~s-aflG-etflef--shoreline--f)r:eteGt.fon struGtbl res are
allowed, the toe of the bulkhe3d or stftlstufe--sRaU-ee located landward of the
ordinary high "vater mark except as provided in subsection (kg)(6) of this section.
Where 3n existing bulkhead or structure cannot be removed bec3use of
efWifenmental, safety, or g~I----ooftGefHS,-tt-le--least eflvife.Amentally
fffif)acting 31tern3tive shall be used, J\Ay-fej3J.aGemeAt bulkhe3d ef--S!:\.ef:el.fe
protection structure Sh311 be 3S close to the existing structure as
possibleconstructed no further 'Naterward of tho existinq bulkhead.
(~e) _Bulkheads, break"...aters, jetties, groins and other:-sShoreline
modificationprotection structures may intrude into salmon and steelho3d
h3bit3tscritical salmonid habitats only where the proponent demonstrates all of
the following conditions are met:
a. An alternative alignment or location is not feasible;
b. The project is designed to minimize its impacts on the environment;
C. The project f3cility is in the public interest; and
d. If the project will create significant unavoidable adverse impacts, the
impacts are mitigated by creating in-kind replacement habitat near the project.
Where in-kind replacement mitigation is not feasible, rehabilitating degraded
habitat may be required as a substitute.
e. The project satisfies all provisions of section 18-165 Shoreline
modifications.
(1+) Docks, piers, f3Pilings and floats may be located critical salmonid
habitatsin '.vater 3roas used by salmon and steclhe3d for migration corridors,
rearing, feeding and refugo, provided the facilities use open piling construction
Page 11 of 51
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and impacts are avoided to the maximum extent possible. Approach fills shall be
located landward of the ordinary high water mark.-_Docks, piers, pilings ::md floats
sttan--ftet---be-leeateG-ffi-etRef--sa1ll'lefl-afld-stee~h€adGr.j.t+Gaj--tlabrtatso--1=h8--f)f.e.jeet
shaH-be-des+gneG-te--ffiiffiffi,i~e-+t&'+fflf)aGts-efl-,tRe-eftviroomeflt-:
CQg) Open pile bridges are the preferred water crossing structures over
salmen and steelheadcritical salmonid habitats. If a bridge is not feasible, one of
the following water crossing structures may be approved if the impacts afe-can
acceptablebe mitiqated: temporary culverts, bottomless arch culverts, elliptical
culverts or round other fish-passable round culverts. These structures are listed
in priority order, with the first having the highest preference and the last the
lowest preference. In order for a lower priority structure to be permitted, the
applicant must show the higher priority structures are not feasible. The project
shall be designed to minimize its impacts on the environment.
(2.9) Bridges and in-water utility corridors may be located in salmon and
steelheadcritical salmonid habitat~ provided the proponent shows that all of the
following conditions are met:
a. An alternative alignment is not feasible;.....
b. The project is located and desigFYe1i~t~ minimize its impacts on the
environment; .. ~J
c. Any alternative Impacts r. ,',; ~tld
. d. Any landfill is 10cat~[1~1J. .. _. Jtthe ordinary high water mark.
Open piling and piers Ir6gUlir.ed\bi-construct the bridge may be placed
waterward ~f the or~inary high _~tJ~ mark, if no ~Iterna~ive method is. feasi?le. .
Notwlthst::mdlng subseStlon (kg)( '1) of thiS section, 'NWhen installing In-
water utilities, the installer may be required to place native material on the bed
and banks of the water body or wetland to re-establish the preconstruction
elevation and contour of the bed. The project shall be designed to avoid and
minimize-its impacts on the environment.
(Z-W) Dredging in critical salmonid habitats which 'Nil I damage shallow
water habitat used by salmon and. steolhoad for migration corridors, rearing,
fooding and rofugeshall not be allowed unless the proponent demonstrates all of
the following conditions are met:
a. The dredging is for a water-dependent or water-related use;
b. An alternative alignment or location is not feasible;
3. The project is designed to minimize its impacts on the environment;
d. The proiect facility is in t~e public interest; and
e. If the project will create significant unavoidable adverse impacts, the
impacts are mitigated by creating in-kind replacement habitat near the project.
Where in-kind replacement mitigation is not feasible, rehabilitating degraded
habitat may be required as a substitute.
j11) Dredging and the removal of bed materials below the '..'Vater line is
prohibited within salmon and stoolhoad spawning afea&
(8~) In-water dredge spoil disposal sites shall not be located in salmon
and stoelhoadcritical salmonid habitats.
(9~~) baOOEfilling, dredging, channelization and other activities which
negatively impact habitat---\ta+oos are prohibited in wetlands, ponds, and side
channels which pro'lido refugo or othor habit:Jt for salmon or stoolheadare
associated with critical salmonid habitats.
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(10~) Within salmon ~md stoolhcadcritical habitats, permanent channel
changes and realignments are prohibited.
_ (-14-1-5)-AquaGlIJtu.fe.--.uses.---sJ::tall....net--ee-.establf-sflee--....j.A----Salmen---afH:1
steej.J::teaGGr-ffiGal--salmen-fd---J:tabftat~;-..exGep.t-:feF---areas-tJ::tat--.aFe--eflty---u.sed-feF
migr~tion corridors. This regulation only 3pplios to in w~tor 3qu3culture usos, not
upl3nd aquaculture uses.
(11+5) The removal of aquatic and riparian vegetation within or adjacent to
salmon 3nd stoolhe3dcritical salmonid habitats shall be minimized. Trees which
shade side channels, streams, fi.vefsestuaries, ponds and wetlands used by
s~lmon 3nd steolheadassociated with critical salmonid habitats shall be
maintained consistent with the provisions of this chapter. Areas of disturbed earth
shall be revegetated.
(1246) Unless removal is needed to prevent hazards to life and property or
to enhance ffsft.-critical salmonid habitat~, large woody debris below the ordinary
high water mark shall be left in the waterway to provide salmon and steelhead
habitat.
(18) Outf3l1s within or upstro~m of s~lmon or steel head sp3wning 3re~s
. . .
)
2-1-98; Ord. No. 99-355, S 3,
18-165 NEW SECTION Sho
(a) Shoreline protection sa ilization. Shoreline stabilization
protection may be permitted in the shoreline residential and urban
conservancy environment~, provided: rEXISTING TEXT MOVED FROM
ENVIRONMENT DESIGNATIONS SECTION BELOW]
(1) Shoreline stabilization, includinq bBulkheads shall not be
considered an outright permitted use on the city's Puget Sound shoreline~.
In order for a proposed bulkfleae shoreline stabilization to be permitted the
City on tho Pugot Sound shoreline, or for a lake shore bulkhe~d to qu~lify
for the ReV'! 90.58.030 (3)(o)(iii) oxomption from the shoreline permit
requirementc, the city of Foderal VVay shall review the propm:ed bulkhead
design as it relates to local physical conditions and the city of Federal Way
shorelino master progr~m ::md must find that:
a. Erosion from waves or currents presents a clear and imminent
threat to a legally established primary structureresidence, one or more
substantial accessory structures, or public improvements. The applicant
shall provide a geotechnical report, prepared by a Qualified professional,
that estimates the rate of erosion and evaluates alternative solutions; and
b. NThe proposed bulkhead is more consistent ',\lith the intent of the
city of Federal Way shofeJ.~master program in protecting the site and
adjeiffing shorolines than-etJ::ter-Ronstructural alternatives such as slope
drainage systems, vegetative growth stabilization, gravel berms, and
beach nourishment, ~nd that such alternatives shall be prioritized over
structural options such as bulkheads and riprap. The "softest" effective
alternative shall be utilized; and afe-net-teGAni€alty--.feasffite-ef-wfU-oot
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March 21 , 2007
3doquotely protect 0 legally estoblishcd primory structureresidence~ or
substantial 3ccessory structure or public improvement;
c. In the case of bulkheads and riprap +!he proposed shoreline
stabilizationbulkheod is located landward of the ordinary high water mark;
and
d. -The-ffiax~mYA1--fleight-ef-.the.i*9poseG--9tHkfleaG-is-fle-m9fe-t.flaR
efle-feet-aSeve--tAe-e.levatjoo-ef-&)><tH3me-t:Hgfl-watef-efl-tj~-watef&;-BF-fetfF
feet in height, meosurod from qrade on the w3terw3rd side of the
bulkhead, on lakes. The proposed shoreline stabilization protection is the
minimum size necessary to protect existinq improvements; and
e. The applicant shall demonst.rate that impacts to sediment
transport are minimized to the qreatest extent possible; and
f. Shoreline stabilization shall not have an adverse impact on the
property of others and shall be desiqned so as not to create the need for
shoreline protection elsewhere; and
q. Shoreline stabilization shall not siqnificantly interfere with normal
surface and/or subsurface draina e into the bod and shall be
constructed usin an a roved filter cloth or uitable means to allow
assa e of surface and roundwater ternal erosion of fine
material; and
h. Shoreline stabilizatio
(2) When a bulkhead is the
followin standards shall a I ~
A--sheFeJ.ifle--f}~mjeet-r~la6ing an exiS#R~~flead-sRaU-be
placed aleRg the same-alignment as the-shoreline pmteGtien it is
replacing, subject to the following:
a. The maximum heiqht of the proposed bulkhead is no more than
one foot above the elevation of extreme hiQh water on tidal waters, or one
foot in heiqht above the elevation of ordinary hiqh water mark on lakes,
measured from qrade on the waterward side of the bulkhead; and
~ When a bulkhead has deteriorated such that the ordinary high
water r:nark has been established by the presence and action of water
landward of the existing bulkhead, then the replacement bulkhead must be
located at or landward of theas ne3r as possible to tho actual ordinary
high water mark.
b. V'/hen an existing bulkhead is being repaired by the constructioR
of a vertical wall fronting tt:te-e-xisting wall, it shall be constructed no further
't':JterNard of the existing bulkhead than is necessary for construction of
ne'N f{)otings.
c. Repair of an existinq bulkhead is permitted provided that the
repaired bulkhead is not relocated further waterward or increased in
heiqht.
d. If an existinq bulkhead is destroyed it may be replaced as it
existed prior to destruction, provided application for required permits IS
made within one year of destruction.
Page 14 of 51
City of Federal Way SMP - Article 1/1. Shoreline Manaoement - Draft Reoulations
March 21.2007
c. Beach nourishment ::md bio engineered erosion control projects
may be considered a normal protecti'.'e bulkhead when :Jny structural
el€ments--afe-GGASistef1t-wJ.t.i::l-:t.h.e--aBeve-requiremeftts,--ane---wneFl--ti:le
}*GjeBt-Ras-beefH3Wffived by th e Depaftmeftt-.ef--NsI1--aRG-W#EJ.Hfe.:
If an existinq bulkhead deterior3tes to the point it must be replaced,
its replacement Sh311 be considered 3 nmN bulkhe3d subject to the
.pr.ev.isiens-ef-StIeseetien (1) aoove-:
() Shoreline protection shall not have 3dverse impact on the property of
others and sh311 be designed so 3S not to cre3te a need for shoreline
f}f0teGtie~etSeWflef&-
_ a"--snere line pFeteGti0fl-snaJ+.--A-et-sigflif~Gamly.-ffiteff€f~-wfth--fl0Fffia.
surface and/or subsurface drainage into the w3ter body and shall be
constructed using an approved filter cloth or other suitable means to allmv
f}assag.e--ef--su rface aM--@FOlHldwater-witnoot--inteFftal-.--erBsion-.-e.f--HRe
matefia~-:
b. Shoreline protection shall not be used
eX-Gef}t-that g roi n s may-ysed-t.(H;Feate-ef-ma.i.A.ta'
tI=ley-semply with a~ffiens of th'
.QJe-: Groins are permitted onl
management program.
create new lands,
. e4G-eJ.a..ss--l--t3eaGl1-if
pu blic beach
b Piers Docks Moora
[EXISTING TEXT MOVEDlR(j; ENVIRONMENT DESIGNATIONS
SECTION BELOWl JY
(e1) PResi€iefltia4iers, docks. floats or moorage, or launching facilities;
conditionsstandards. Any pier, dock, moorage~, float, or 13unching facility
authorized by subsections XXX of the Environmental Desiqnations section tG1
through (f) of this section.shall be subject to the following conditions:
fB~ Residential piers and docks are prohibited on the Puget Sound
shoreline.
~b. Piers shall only be permittedallowed for water-dependent uses and
public access.
hNO dwelling unit may be constructed on a pier or dock.
~d. Excavated moorage slips shall not be permitted accessol)' to single
family residences, multifamily devolopment, or as common use facilities
accessory to subdivisions and short subdivisions. are prohibited as accessories
to residential development.
f4ied. No covered pier, covered moorage, covered float, or other covered
structure is permitted waterward of the ordinary high water mark.
fa1fe. No pier, moorage, float, or over-water structure or device shall be
located closer than +&-feet from the side pr~-e-xteAded, except that such
structures may abut property lioes for the common uso of adjacent property
mvners whon mutually agreed to by the property owners in a contract recorded
w#fl.-King County, a cora-y-0f which must accofAf)afly-an--af}f}HGatieA-fer a builEiffig
f)efmft-0f-8-SflefeHfl8-J'}efFRitiPiers, docks, mooraqes or floats shall meet the side
and rear yard setbacks of the underlyinq zoninq classification, except in the case
Page 15 of 51
City of Federal Way SMP - Article III. Shoreline ManaGement - Draft Requlations
March 21,2007
of shared facilities, in which case no side yard setback is required. ~such joint
use piers may be permitted up to twice the surface area allowed by this title.
f9)gt All piers, moorages, floats, or other such structures shall notf.JBa.t-at
aH--t+mes-oR-tAe-sHffaGe---ef-tHe-water,-er--snalf.-.se-Gf-e.pen-f')fl.e-e-9Hstfu.ffifeR-;
provided no portion of the structure shall,.! during the course of the normal
fluctuations of the elevation of the water body, protrude more than five feet above
the surface of the water.
h The total surface area of docks and floats and piers or any combination
thereof, for any shoreline development, shall not exceed 400 square feet for
sinqle use facilities, 600 square feet for joint use facilities, 800 square feet for
facilities shared between four or more users and 1,000 square feet for facilities
associated with fef public parksfl. -ResiEiential piers, docks, floats, mooraqe or
l::lunchinq bcitilies must be desiqned to meet permit standards required by the
US Army Corps of Enqineers ::lnd '.^hshinqton State Department of Fish and
VVildlife.
tB0 Residential piers, docks, floats or. moorage, or l::lunching fucilities;
accessory to residential development. DPiers, docks, moorages or, floats.,--Gf
launching facilities may be permitted access09 a single-family residence,
multifamily development, or as common. d'S '., acilities associated with a
subdivision, or short subdivision, in a~10raa ere with this chapter and the
following limitations: l...~. ~.
(4-H3' ~--
outright on-Gity-e
in'Jestigated and are not ::lvailable or feasible:
a. Commerci::ll or marina mOOFag8-:
B. Flo::lting moorage buoys.
C. Joint use moorage ~pier.
LNo more than one dockf}i.ef for each existinq residential lotee is
permitted. On lots with less than 50 feet of \;v::lterfront, only joint use piers
shall be permitted-except when both lots ::lbutting the subject lot h::lve
legally established piers then the lot with less than 50 feet of waterfront
m::lY be permitted an individual pier.
fBb. New Mmultiple-family developments, fe-sklen6e--piers and piers
associ::ltod with ::l subdivisions or short subdivisions shall be permitted one
shared dock. as a common use facility shall not exceed the following:
a~ No more than one pier fer-eaGMGG-feet-ef-sflefffi+ne-asseGfated wftH
tfle.-mult+famfl.y-e6Vclopme nt, subEi~vfs.iOfl-,-'Of-SAOrt su befvisfoo48-peFmitte€h
g 1 ~. The total number of moorage spaces shall be limited to one
moorage space for every two dwelling units in the multifamily development,
subdivision, or short subdivision.
f4)c. Dock dimension s-f2ieF--anG--.mOefa9e-s+2:e.
AL The maximum waterward intrusion of any portion of any dock.pief
shall be 36 feet, or the point where the water depth is 13 feet below the ordinary
high water mark, whichever is reached first.:.-,prGv.f€1.e4.
4-h--U--a--p+ef-i.s-a-oommGA-..use--pief--assGGiated-wrtt-l--a-multfple-famity
development or subdivision, this intrusion may be incre::lsed four feet for e::lch
addition::ll moorage space over six moor::lge sp::lces to ::l maximum of 76 feet.
Page 16 of 51
Citv of Federal Wav SMP - Article III. Shoreline Manaoement - Draft Reaulations
March 21,2007
-9~ The maximum width of each dock pief shall be ~six feet, or up
to eight feet wide on ioint use docks where additional mitigation is provided.
GN0-neat--shaH.have....mofe-thaA-.t.GG-squaFe..f-eet-Bf-sur-faGe-afea~
dThe tot3! suFface area of pfeFS;--fR9E}FafJes,--:Aeats, 3nd!or launcl=HA~
facilities, or any combin3tion thereof, 3ssoci3tod with a single bmily residence
shall not exceed 500 square feet.
el;.; 1\10 nief,-ffieh:J.d.in,., fj.naef-ofer.....mOOfaae-fleat-Gf..eVef-watef-5tr-l::lBlure
_~.~, r~.~,...., t", .
. Gf-Gevioo.,-sha!! be wiGef-tha~FGem-ef.-t.jq.e-1et-w+tfl.-.whiBA--H-fs-aSSGGfatee-:
~fLMoorage piles. Moorage piles not constructed in conjunction with a
pier are limited by the following conditions: .
aLA II piles shall be placed so as to not constitute a hazard to
navigation.
-9~No pile shall be placed more than 80 feet waterward of the ordinary
. high water mark.
6~AII moorage piles shall be placed in a water depth not to exceed 13
feet below the ordinary high water mark.
~No more than two moorage piles per residence are permitted.
. ... .
,
the water body bottom 3re prohibited.
d No more than one 13unching rail per single bmily residence is
permitted, and no more than two common use launching ramps for each 100 feet
of shoreline associ3ted with a multif3mily development, short subdivision, or
subdi'lisioA-:
f71e. Floats are limited under the following conditions:
a.L One float per single-family residence and no more than one
common use float for each .new, multifamily development, short subdivision, or
subdivision is permitted.
-92. No portion of a float shall be placed more than 36 feet waterward of
the ordinary high water mark.
63. Retrieval lines shall not float at or near the surface of the water.
94. No float shall have more than 100 square feet of surface area.
fQLLaunching Ramps. Rails and Lift Stations. Launching ramps~
rails and lift stations require a shoreline conditional use permit and are
limited by the following conditions: [EXISTING TEXT MOVED FROM
ENVIRONMENT DESIGNATIONS SECTION BELOWl
{1}. No portion of a launching ramp, rail or lift station shall be placed more
than 60 feet waterward of the ordinary high water mark.
{2}. All portions of a launching ramp..JEl! or lift station shall be placed at a
depth not to exceed eight feet below the ordinary high water mark.
Page l7 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft ReQulations
March 21. 2007
f3}- Launching rails or ramps shall be anchored to the ground through the use
of tie-type construction. Asphalt, concrete, or other ramps which solidly cover the
water body bottom are prohibited.
f4}- No more than one launching ramp or rail per-S+Rgle-f3mily rosideH€B
shoreline development is permitted.:., 3nd no more than t\vo common use
13unching ramps for e3ch 100 feet of shoreline 3ssoci3ted with a multif3mily
Eieveffipment, short subdivision, or subdivision.
(5) -Launchinq ramps, rails or lift stations shall not be permitted for shoreline
developments that have an existihq pier, dock, float or other functional mooraqe.
Piers, docks. floats or other forms of mooraqe shall not be permitted for shoreline
developments that have existinq launchinq ramps, rails or lift stations.
Cd) Breakwaters and Jetties. Jetties 3nd bSreakwaters and
ietties are not permitted within any shoreline of the City. [EXISTING
TEXT MOVED FROM ENVIRONMENT D NATIONS
SECTION BELOWl
(e) Dred~inq and Fillin~.
(1) Dredqinq:
a. Dredqinq activities ~I
environments re uire a ConditiJ~~
Natural environment.;l
b. Dredqinq activities e allowed in the shoreline residential and urban
conservancy shoreline environments only where necessary to protect public
safety or for shoreline restoration activities.
d. Drodqinq of bottom m3terials for the sinqle purpose of obtaininq fill
m3terial is prohibited.
fc. Where allowed, dredginq operations must be scheduled so as to not
damaqe shoreline ecoloqical functions or processes.
d. Unavoidable impacts of dredqing shall be mitiqated as required by this
chapter.
(2) Fillinq:
a. Fill activities waterward of the OHWM shall only be allowed in
association with allowed (permitted) water dependent use developments. Fill
waterward of the OHWM associated with non-water dependent uses shall be
prohibited. Minor qr:Jde and fillland'J'J3rd of the OHWM 3ssociated 'Nith normal
construction of 311mAJed shoreline uses m3V be exempted from requirements for a
Condition31 Use Permit, at the director's discretion.
b. Fill waterward of OHWM needed to support the followinq water
dependent uses may be allowed throuqh a Conditional Use Permit in the
Shoreline Residential and Urban Conservancy environments:
1. Public access;
2. Expansion, alteration, or repair of transportation facilities currently
located with in the shoreline;
Page 18 of 51
18494-166 Environmental designations.
(a) Purpose and establishment of desiQnations.
ill The purpose of these designations is to differentiate between areas whose
geographical, hydrological, topographical, or other features imply differing
objectives regarding the use and future development of the shorelines of the city.
Each environment designation represents a particular emphasis in the type of
uses and the extent of development that should occur within it. The
environmental designation system is designed to encourage uses in each
environment that enhance or are compatible with the character of the
environment, while at the same time requiring reasonable standards and
restrictions on development so that the character of the environment is not
adversely impacted.
(e~) Names of environment designations. In order to accomplish the purpose
of this title, environmental designations have been established to be knm.'Vfl as
follows:
f+1a. Natur31 environmentShoreline Residential.
f2-j.!:L Gefl.s.efVancy residentbl environmentUrban Conservancy.
{-3jc. g~ffiI.ife.A.memNatu ral.
('1) Urb3n environment.
(6~) Limits of environment designations. Each environment designation shall
consist of:
f+1~ The entire water body from. its centerline or pointwithin City
iurisdiction, including all water below the surface, the land below the water body,
Page 19 of 51
Citv of Federal Wav SMP - Article III. Shoreline Manaaement - Draft ReGulations
March 21, 2007
the space above the water body, and the shorelands associated with the water
body.
f21~ The shoreline areas within 200 feet of the OHWM, and additional
upland areas where associated sevoro biophysic::l1 constr::lints such ::lswetlands
and floodplains, stoop clopoc, slido h3z3rd ::lro3S, 3nd \ll.'etl::lnds extend beyond
200 feet from the OHWM. do not covor the entiro 3ssoci3ted shorol3nd.
Proposed development in the rom3ining area may be permitted consistent 'Nith
tho Ch3r::lcter of the surrounding 13nd uso, the physic::l1 C3p3bilitics of the
shorol3nds, 3nd 3ppliC3blo city 13nd uso pl3ns ~md policios.
(61) Establishment of designations.
f+1a. The written descriptions of the boundaries of the shoreline
environment designations as adopted by ordinance in tho possessif}A---9f.-.-:tRe
dop3rtmont shall constitute the official legal descriptions of the boundaries of
those environment designations.
f21~ The official maps prepared by the city pursuant to Chapters 173 16
aM 173-26 WAC in tho possossion of the dcp3rtmont shall constitute the official
descriptions of the limits of all shorelands in the city of Federal Way as defined
by RCW 90.58.030 and FWCC 18-163.
(J1c. The department may, from tiT~:) .... time as new or improved
information becomes available, modi!x t~\ ori6,ial~raps described in subsection
@)(G1)t21~ of this section consistell}-tith\ s~a1e 19uidelines to more accurately
represent, clarify, or interpret t~jlii~.... ~i~t9.bhe shorelines defined herein.
(e~) Location of boundarie~~l .. t~...
. f+1a. Boundaries indica'e /s following streets, highways, roads, and
bridges shall be deemed t~follow the centerline of such facilities unless
otherwise specified.
f21~ Boundaries indicated as following railroad lines and transmission
lines shall be deemed to follow the centerline of such rights-of-way or easements
unless otherwise specified.
(J1c. Where different environmental designations have been given to a
tributary and the main stream at the point of confluence, the environmental
designation given to the main stream shall extend for a distance of 200 feet up
the tributary.
t41~ In case of uncertainty as to a wetland or environment boundary, the
director of community development services shall determine its exact location
pursuant to the criteria of WAC 173-22-00040 and RCW 90.58.030, and the
provisions of this chapter. (Ord. No. 98-323, ~ 3, 12-1-98; Ord. No. 99-355, ~ 3,
11-16-99 )
Page 20 of 51
I
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City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21, 2007
18-167 NEW SECTION Permitted Use Table
Shoreline Modification
Shoreline Stabilization 1
Piers, Docks, Mooraqe, and
Floats
Launchinq Ramp I Lift Station
Breakwaters and Jetties
Dredqinq and Fillinq
Shoreline Use
Proposed Environment Designations
Shoreline Urban Natural
Residential Conservancy
P
P/C2
C
X
P/C4
Shoreline
Residential
P
P/C2
P/C3
X
P/C4
Urban
Conservancy
X
~
X
X
X
Natural
Office and Commercial
Development
Recreational Development P P P
Residential Development P ..... P C
Accessory Structures P P C
UtilitiesS P P C
Transportation I Parkinq _P _P _X
Facilities6
Aquaculture Xc:-.~. X
P = Allowed as exempt from pe~::r permitted with Substantial Development Permit
~
Q
~
C = May be allowed with Shoreline Conditional Use Permit
X = Prohibited
1. Includes bulkheads, bio-enqineered erosion control proiects, qroins and other shoreline
stabilization activities. Groins may only be permitted as part of a public beach manaqement
proqram.
2. Residential piers are prohibited on Puqet Sound shorelines, but public piers are allowed as a
CUP. Docks, mooraqe and floats are allowed uses.
3. Would be permitted with Substantial Development Permit in parks and public access areas;
would be permitted with Shoreline Conditional Use permit elsewhere in Urban Conservancy
Environment.
4. Dredqinq and all fill waterward of the OHWM requires a Conditional Use Permit
5. Solid waste transfer stations are not allowed
6. Parkinq as a primary use is prohibited in all environments. but allowed if servinq an allowed
shoreline use
Page 21 of 51
City of Federal Way SMP - Article 1/1. Shoreline ManaQement - Draft Reaulations
March 21,2007
18465168 Urban environment Shoreline Residential.
(a) Purpose. The purpose of the "shoreline residential" environment is to
accommodate residential development and appurtenant structures that are
consistent with this chapter. An additional purpose is to provide appropriate public
access and recreational uses.
The purpose of designating the urban environment is to ensure optimum utilization
of the shorelines of the state 'Nithin urbanized areas by permitting intensive--tffie
and by maRaging development so that it enhances and maintains the shorelines of
the state for a multiplicity of urban uses. The urban environment is designed to
reflect a policy of increasing utilization and efficiency of urban areas, to promote a
more inteAse level of use through redevelopment of areas nQW-lffieeftHH~d, and
te-eA69tlfage-fRtl~tiF>>e-tlSC of the shorelines of-t:he city if the major usa is watef-
dependent or water related, 'Nhile at the same time safeguarding the quality of the
. environment.
(b) Designation criteria. Designation criteria for the Ufbafl-shoreline residential
environment are provided in the City's shoreline master proqram, FWCC Chapter
xx. shall be:
fB-Sf1Of-elffie&..-Bf-t~see or deSi@fl~~ for G#fGe-,3RG-6e-mmeffi~
f€Stdeffiiaf-aR~ig'A-4ntens.ity recreatio~I-tl.~ I r. . .
~
I V
/\ I. Rated fOf----ffH:Htifamily-f€&idential
",if ~~ef}eG-f.eF-fe&iaenti31 pu rpeses and
er:wiroo-meffi--&I1at I not have exten siv~9f}A-y&iGa~--J.imitati9fl&-te-devffiGf}meflt-.&tJGA
as-fleedF>>ains, steep slopes, slide hazard areas, aA€i-wet\a.Rd&:
(c) General requirements.
(1) Development waterward of the ordinary high water mark is prohibited
except water dependent recreational uses, permitted shoreline modifications and
public utilities.
(2) No structure shall exceed a height of 35 feet above average grade level.
This requirement may be modified if the view of any neighboring . residences will
not be obstructed, if permitted outright by the applicable provisions of the
underlying zoning, and if the proposed development is water-related or water-
dependent.
(3) All development shall be required to provide adequate surface water
retention, erosion control, and sedimentation facilities during the construction
period.
(4) Setbacks. Development shall maintain the first 50 feet of property abutting
shoreline landward from the ordinary hiqh water mark as a required minimum
setback and veqetation conservation area, subject to provisions referenced in
subsection (e). a natural environment as required open space.
(5). Veqetation Conservation Area. The required setback area shall be considered a
veqetation conservation area. Within the Veqetation Conservation Area, no more than 50
percent of the area with native shoreline veqetation shall be cleared, and a minimum of
60 percent of existinq native trees shall be retained. Trees determined by the city to be
hazardous or diseased may be removed. Additionally, the Director may allow removal of
veqetation exceedinq that described above where an applicant aqrees to replacement
Page 22 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21, 2007
plantinqs that are demonstrated to provide qreater benefit to shoreline ecoloqical
processes than would be provided by strict application of this section.
(5) Parking f3cilities, oxcept parking f3cilitios associatod with dotachod single
f3mily dovelopment, shall conform to the follO\ving minimum conditions:
a. Parking facilities sewing inew.j.d.ual buildings on the shoreline shall-ee
locatod land'.~{ard from the priA6fpal building being sorvod, oxcept when tho parking
facility is within or beneath the structure and adequately screened, or in cases
\Nhen an alternato location would have less environmental impact on the shoreline.
1. b. Any-oot~afk:j.ng area perimeter, excluding eHtFaABeS and exits, must
be maintaifleG....a&-a-j3ffiHti.Ag area with a minimuffi-w-iG#l-ef-five feet.
c. Parking :JS a primary uso shall bo prohibited.
d, Parking in shoreline jurisdiction shall directly serve a permitted shoreline
-\:;IS&
e. One live tree with a minimum height of four feet shall be required for each
30 linear feet of planting area.
f. One live shrub of one gal
inches of planting area sh:J1I be requirod.
'areas or when large pa'
(6) G,eCollection
facilities to control and separa~. taminants shall be required where stormwater
runoff from impervious surfaceS'~ould degrade or add to the pollution of recipient
waters of adjacent properties.
(7) Tho regulations of this chaptor have beon categorized in a numbor of
sections, regard leGs of tho categorization of the various rogulations, aAII
development in the Shoreline Residential area must comply with aU-applicable
regulations identified within the rGeneral Development Standardsl, rShoreline
Modificationsl. and all other applicable sections of this chapter.
(d) Shoreline Modifications
[TEXT RE-ARRANGED FROM EXISTING TEXT, SHOWN DELETED
BELOWl.
(1) Allowed modifications to the shoreline within Shoreline Residential desiqnated
areas include the followinq:
a. Shoreline Stabilization-aHG--Sf1.efeJ.i.Ae--J::4eteGtiGR. Allowed within Shoreline
Residential desiqnated areas under the requirements imposed by [NEW SECTION
Shoreline Modificationsl division (a).
b. Piers. Allowed within Shoreline Residential desiqnated areas with a Shoreline
. Conditional Use Permit under the requirements imposed by rNEW SECTION
Shoreline Modificationsl division (b).
c. Docks, Mooraqe, and Floats. Allowed within Shoreline Residential desiqnated
areas under the requirements imposed by rNEW SECTION Shoreline
Modificationsl division (b),
c. Launchinq Ramps, Rails and Lift Stations. Allowed within Shoreline Residential
desiqnated areas with a Shoreline Conditional Use Permit under the requirements
imposed by [NEW SECTION Shoreline Modificationsl division (c).
Page 23 of 51
City of Federal Way SMP - Article /II. Shoreline Manaoement - Draft Reaulations
March 21, 2007
d. Oredqinq and Fillinq. Allowed within Shoreline Residential desiqnated areas with
a Shoreline Conditional Use Permit under the requirements imposed by [NEW SECTION
Shoreline Modificationsl division (e).
(2) Prohibited modifications to the shoreline within Shoreline Residential desiqnated
areas include the followinq:
a. &-Breakwaters and Jetties.
(e) Shoreline Uses.
(1) Allowed uses within Shoreline Residential desiqnated areas include the followinq:
a. Residential Development. Sinqle-family and multiple-family residential
development, accessory dwellinq units and home occupations may be permitted in the
Shoreline Residential environment subiect to the followinq:
1. Sinqle-family or multiple-family residential development is permitted in the
underlyinq zone classification.
2. Residential development is prohibited waterward of the ordinary hiqh water
mark.
the minimum nOCess3ry in ord~ to build 3 sinqle familv homo, but in no case less than 30
.feet from the ordinary hiqh \V3ter m3rk.
bb. If tho proporty is devoloped with 3 sinqlo f3mily homo boyond tho
strinqline sotb3ck or within 50 feet of tho ordinar\' hiqh water m3rk if there arc no adiacont
residonces, thon tho residence can only be added to if the addition 'Nill not mako the
structuro 3nv moro nonconforminq 3S to its sotb3ck 3nd the heiqht of the addition within
tho setb3ck are3 is not incre3sod, or the applic3nt m3V request 3 shoreline v3ri3nce and
conditional uso permit.
66 aa. If sinqle-family residential development is proposed on a lot where
properties on at least one 3diaceRt-te-bett-l-sides of the lot are developed in sinqle-family
residences located less than 50 feet from the OHWM, then the proposed residential
development may be located the same distance from the OHWM as the adiacent
residences (usinq strinqline method) Gf-but shall in no case be closer than 30 feet from
the OHWM. ~
dd. If tho rosidontbl dovolopmont is proposed on chorclines th3t include
one or more sonsitivo areas, 3S dofined in Chapter 22 FVVCC, such development shall
maint3in sotb3cks in accordance 'Nith the requl3tions and procedures set forth in Ch3pter
22 F'.^JCC, ^rticlo XIV.
ii. Multifamily residential development shall maintain a minimum setback
behind tho strinqlino setb3ck, or of 75 feet from the OHWM as a veqetation conservation
area, whichover is qreater, except in the followinq cases:
a3. If tho proportv is undevoloped 3nd re3sonablo use of tho proportv
c3nnot occur INithout further oncroachment of the sotb3ck duo to phvsic31 constr3ints of
Page 24 of 51
City of Federal Way SMP - Article III. Shoreline ManaGement - Draft ReGulations
March 21 , 2007
the lot, then the setb3ck C3n be reduced to the minimum necessary in order to build 3
sinqle bmilv home, but in no case less than 30 feet of the ordin3rv hiqh 'N3ter mark.
ooaa7 If multi-family residential development is proposed on a lot where
properties on at least onead.jaGent-t{)--ooth.-side-s-- side of the lot are developed in multi-
family residential uses located less than 75 feet from the OHWM, then the proposed
residential development may be located the same distance from the OHWM as the
adjacent residential useSGes (usinq strinqline method) but shall be no closer than 50 feet
from the OHWM. If the propertv is developed with a sinqle or multibmily structure bevond
the strinqline sotback or 'lJithin 75 foot of tho ordinary hiqh w3ter mark if thore 3re no
3diacent sinqle or multibmilv structures, then tho structure can onlv be added to if tho
3ddition 'Nill not m3ko the structure an,! moro nonconforminq 3S to its sotback and the
hoiqht of tho addition within the structuro is not increased or the applic3nt m3V requost a
shoroline vari3nce and conditional use permit.
cc. If the residential dovelopment is proposod on shorelines that includo one
or more sensitive are3S, as dofined in Chaptor 22 F'NCC, such development shall
maint3in setb3cks in 3ccord3nco \Nith roqulations and procedures set forth in Ch3ptor 22
FVVCC, Article XIV.
b. -Accessor Structures. Residenti
the re uired shoreline setback rovided:
1, No accesso structure shall cover more than 150
.square feet.
2 .
'No more than 300 feet of acc
3. No accessory stru . re shall exceed eiqht feet in heiqht.
4. Existinq native shoreline veqetation within the shoreline setback is conserved
to the maximum extent possible as per qeneral requirements (c)(4) and (5).
c. Recreational Development. Recreational development may be permitted in the
Shoreline Residential environment subject to the qeneral requirements of this chapter,
provided:
1. The recreational development is permitted in the underlyinq zone.
2. Swimminq areas shall be separated from boat launch areas.
3. The development of underwater sites for sport divinq Sh311 not:
i. Take pl3co at dopths of qre3ter th3n 80 foot.
ii. Constitute a n3'/iq3tion31 h3z3rd.
iii. Be located in 3reas whore the normal waterborne traffic vvould constituto
a hazard to those people who m3V uso such 3 site.
3. The construction of swimminq facilities, piers, moorages, floats, and launchinq
facilities below the ordinary hiqh water mark shall be qoverned by the qeneral
requirements of this chapter.7
4. Public boat launchinq facilities may be developed, provided:
i. The parkinq and traffic qenerated by such a facility can be safely and
conveniently handled by the streets and areas servinq the proposed facility.
ii. The facility will not be located on a class I beach area or cause net loss in
shoreline function.
5. Upland facilities constructed in conjunction with a recreational development
shall be set back and/or sited to avoid contamination adverse impacts to the functions of
the shorelines of the city.
Page 25 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21, 2007
6. Public pedestrian and bicycle pathways shall be permitted adjacent to water
bodies. Such trails and pathways must be made of pervious materials, if feasible.
7. Public contact with unique and fraqile areas shall be permitted where it is
possible without destroyinq the natural character of the area.
8. Water viewinq, nature study, recordinq, and viewinq shall be accommodated
by space, platforms, benches, or shelter consistent with public safety and security.
d. Utilities. Utility facilities may be permitted in the Shoreline Residential
environment subiect to the requirements of this chapter, provided:
1. No other practicable alternative with less impact to the environment is
available for the facility.
2. Utility and transmission facilities shall:
i. Avoid disturbance of unique and fraqile areas.
ii. Avoid disturbance of wildlife spawninq, nestinq, and rearinq areas.
iii. Conserve native shoreline veqetation, particularly forested areas, to the
maximum extent possible.
iv. Overhead utility facilities shall not be permitted in public parks,
monuments, scenic, recreation, or historic areas.
~3. Utilit distribution and transmiss' ned so as to:
i. Minimize visual im act.
ii. Harmonize with or
iii. Not create a n
iv. Conserve nat \A forested areas to the
maximum extent possible.
NV. Utilize to the teatest extent ossible natural screenin .
M. The construction and maintenance of utility facilities shall be done in such a
way so as to:
i. Maximize the preservation of natural beauty and the conservation of
resources.
ii. Minimize scarrinq of the landscape.
iii. Minimize siltation and erosion.
iv. Protect trees, shrubs, qrasses, natural features, and topsoil. from
drain3qe.
v. Avoid disruption of critical aquatic and wildlife staqes.
5. Rehabilitation of areas disturbed by the construction and/or maintenance of
utility facilities shall:
i. Be accomplished as rapidly as possible to minimize soil erosion and to
maintain plant and wildlife habitats,
ii. Utilize ol'}lantffi€t&-OOffil3-atffilo with the native trees and shrubs. .vel::letati0{t
a6. Solid waste transfer stations shall not be permitted within the shorelines of
the state.
e. Transportation and Parking facilities. Transportation and parkinq, except
parkinq facilities associated with detached sinqle-family development, shall conform to
the followinq minimum requirements:
1. Transportation corridors shall be desiqned to provide the best service with
the least possible impact on shoreline ecological function. Impacts to functions shall be
mitiqated.
Page 26 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21 , 2007
2. New road construction shall be the minimum necessary to seNe a permitted
shoreline use.
3. New public transportation facilities shall provide turnout areas for scenic stops
where feasible.
4. ParkinQ facilities seNinq individual buildinQs on the shoreline shall be located
landward from the principal buildinq beinq served, except when the parkinq facility is
within or beneath the structure and adequately screened, or in cases when an alternate
location would have less environmental impact on the shoreline.
5. New surface transportation facilities not related to and necessary for the support
of shoreline activities shall be located outside the shoreline iurisdiction if possible, or set
back from the ordinary hiqh water mark far enouqh to make protective measures such as
riprap or other bank stabilization, landfill, or substantial site reQrade unnecessary.
6. Maintenance, repair, replacement, or other roadway improvements (includinq
but not limited to wideninq to seNe existinq or projected volumes, installation of curb and
qutter, sidewalks, illumination, siqnals) to existinq surface transportation facilities shall be
allowed within Shoreline Residential desiqnated areas provided such improvements do
not create a need for protective measures such as riprap or other bank stabilization,
landfill, or substantial site reqrade.
7. An new develo ment or ex an$i~
than 6 total arkin stalls must meet t r. a lit standards re uired b the Kin
Count Surface Water Manual for I I(es'~md "resource stream rotection" See
Sections 1.3.4 S ecial re ui 'rttrol '6.1.5 Hi h use menu and Resource
stream rotection of Kin Cou e"'Water Desi n Manual.
8. 0 utdoor ar ea erimeter excludin entrances and exits must be
maintained as a plantinq area I h a minimum width of five feet.
i. One live tree with a minimum heiqht of four feet shall be required for each
30 linear feet of plantinQ area~
iLOne live shrub of one-Qallon container size, or larqer, for each 60 linear
inches of plantinq area shall be required.
iii. Additional perimeter and interior landscapinq of parkinq areas may be
required, at the discretion of the director, when it is necessary to screen parkinq areas or
when larqe parkinq areas are proposed.
9. Parkinq as a primary use in shoreline jurisdiction shall be prohibited.
10. ParkinQ in the shoreline jurisdiction shall directly serve a permitted shoreline
use.
(2) Prohibited uses to the shoreline within Shoreline Residential desiqnated areas
include:
a. a-Office and Commercial Development.
b, Aquaculture.
Page 27 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21 , 2007
(d) Residential development [REARRANGED WITHIN SHORELINE USES
SE CTION ABOVEl :-S~ngle-famHY-afl~te-faffiity--feS~Geffiial-OO.vel0f}ment
~ermit.teEl-iA-tRe-t.J.fGaA--efW+ron ment--sH.b:jeGt-t-e-tRe-geneFaI req u i re moot-s-ef
Ch:Jptor 22 FWCC, l\rticle XI, Divisions 3 and -1, and the foIlO'v'Ving:
(1) Single family or multiple f:Jmily residential development is permitted in the
tffi€l e rl yi n g zo n e c1assi.f+Gat.ien.,.
(2) Residential development is prohibited w:Jter\'V:Jrd of the ordinary high 'Natef
~
(3) Setb:Jcks.
~nyle-faffi.il-y residential development shalJ..-.maffitain a minimum setGaGK
behind the stringlifle.-.s.etboc-k,-er 50 feet from the ordinary high water-maFk,
'Nhichever is gre:Jter, except in the following cases:
1. If the property is undeveloped and reasonable use of the property
cannot occur without further encroachment of the setback due to pRysf6a1
constraints of the lot, then the director of community development services can
reduce the setback to the minimum necessary in order to build a single family
home, but in no case less than 30 feet from the ordtnary high water mark. For th-e
. .. H'. .
the :Jddition 'Nithin the setback area is not increased, or the applicant may re~
:J shoreline v:Jri:Jnce and condition:J1 use permit.
3. If single bmily residenti:J1 development is proposed on :J lot vvhere
properties adjacent to both sides of the lot are developod in single family
residences located less than 50 feet from the ordinary high water mark, then the
proposed residentkll development m:JY be located the same distance from the
ordinary high w:Jter mark :JS the :Jdjacent residences (using stringline method) or
30 feet from the ordin:Jry high \N:Jter mark, whichever is greater.
'1. If the residential development is proposed on shorelines th:Jt include
one or more sensitive :Jreas, as defined in Ch:Jpter 22 FWCC, such development
shall m:Jintain setb:Jcks in accordance with the regulations :Jnd procedures set
forth in Chapter 22 FV'lCC, Article XIV.
b. Multifamily resiGential development shall maintain a setback beJ::HnG--tt:le
stfiRgline setb:Jck, Of- 75 feet from the ordinaF.y--t:Hgh water mark, wh-i6fl.e.ver-is
gre:Jter, except in the follov.'ing cases:
1. If the property is undeveloped and rGason:Jble use of the property
cannot occur 'Nitt:lOut further encroachment of the setback due to physiGal
constraints of th~t,t-A€fl-thc setback c:Jn be reduced to the minimum necessaFY
in order to build a single bmily home, but in no case less th:Jn 30 feet of the
ordinary high ..vater mark.
2. If the-pFepeFty---is developeG--with :J si.~r-A1ultifamily-str-uetHfe
~tFingHHe-setbaBk-er---witRin 75 feet-ef-the ord inaF)I-Rigt-l-water-mafk.--if
there :Jre no adj:Jccnt single or multifamily structures, then the structure c:Jn only
be added to if the addition will not make the structuro any more nonconforming 3S
Page 28 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement -- Draft Reoulations
March 21, 2007
to its setback and the height of the Gddition within the structure is not increGsed or
the applicant may request a shoreline variance and conditional use permit.
b-I.f-th-e-r-esf€i-eA.tj.a.l-.develBpffi€m.-+s-p~see- on s hereHAes-tJ:lat-f.AsIHee
eA-e-ef-ffiE)re-seAsft.ive-area&;-as4ef+AB€HA-Gfl.a.pter-2-~l::lsMevelBf*fIem
shGl1 mGintain setbGckc in Gccordance with regulations and procedures set forth in
Chapter 22 FWCC, /\rticle XIV.
4:--R€sf€i€ntial aCG-e&SeFy structufes may be placed within the required
shoreline setback, provided: I
i. No accessory structure, except swimming pools, shall cover more
than 150 square feet.
ii. No accessoF-y-stfl::l€tl::lfe shall obstruct the vie'lv-ef-tl:le-Aei9t:H3efi.Ag
proporties-:
iii. No Gccessory structure shall exceed oight foot in height.
(e) Residential piers, moorage, or launching facilities; conditions. ,~ny pier,
moorage, float, or launching facility authorized by subsections (d) through (f) of this
section shall bo subjoct to tho foJ.lowing conditions:
(1) Residential piors are prohibited on the Pugot Sound shoreline.
. . .
+s-p
,
structures may abut property lines for the common use of adjacent property
mvnerc whon mutually agreed to by tho proporty owners in a contract recorded
with King County, G copy of ",-,hich must accompany an application for a building
permit Of a shoreline permit; such joint uso piers may be permitted up to twice the
surface area allowed by this title~
(6) 1\11 piers, moorages, floGts, or other such structures shall floGt Gt GII timoson
the surfGCO of the wator, or sh311 bo of opon pile construction, providod no portion
of tho structure shall, during the course of the normal fluctuations of tho olevation
of the water body, protrude more than five feet above the surface' of the 'l.'ater.
(f) Rosidontial piers, moorGgo, or launching facilitios; Gccessory to ro.sidenti31
dovelopment. Piors, moorages, floats, or launching fGcilitios may bo permitted
accessory to a single family residenco, multifamily development, or as common
ll-se facilities associated Wft.fl.-a subdivision, in 3ccordance with this chapter and the
fellowing limitations;.
(1) Private, single residence piers for the sole use of the property mvnor shall
not be pormittod outright on city of Fedoral 'Nay shorelines.
(2) A pier may be allowed 'Nhen the applicant has demonstrated a neefl..-fe.F
moorage and has demoAStfat-ed thGt the following alternatives have beeR
investigated and are not aV3il3ble or feGsible:
a. Commercial or marina moorage.
~ating-meeFage-eHey&:
HefAHlse-meeFage-pief7
No more than one pier for each residence is permitted. On lots '"'lith less than
50 feet'of wGterfront, only joint use piers shall be permitted except when both lots
Page 29 of 51
Citv of Federal Wav SMP - Article 1/1. Shoreline Manaoement - Draft Reoulations
March 21 , 2007
abutting the subject lot hove legolly estoblished piers then the lot with less thaA-W
feet of waterfront may be permitted an individuol pier.
tJ-)-MlliHf)J.e.-famHy resider-tGe--f*ef&-aflG--f)fefs--asseGfa-tee--wftA--a-stIDffivfsieA-aS-a
oommon use-fae-iHty-sftati--flet exceeG-#te-f.ef~
o. No more thcm one pier for eoch 100 feet of shoreline ossocioted with the
multifamily development, subdivision, or short subdivision is permitted.
b. The total ntlmber of moerage spaces sholl be limiteEl-to one mooroge
spoce for every two d'Nelling units in the multif3mily development, subdivision, or
short subdivision.
('1) Pier ond moorage size.
a. The maxfmum woterward intrusion of any portion-ef any pief-wall be 3e
feet, or the peffi.t-whero the water depth is .13 feet below the ordi-AafY--l:Hgh \.^Joter
mork, '.vhichever is rooched first, provided:
1. If 0 pier is a common use pier associ3ted with a multiple f3mily
development or subdivision, this intrusion may be increased four feet for each
addition::ll moorage space over six moor::lge spacos to a m::lximum of 76 feeh
b. The moximum vJidth of ooch pier shall be eight feet.
limited by the f{)lIowing conditierns:
a. All piles shall be placed so os to not constitute a hazard to navigation.
b. No pile sholl bo placod moro thon 80 feet 'Notorw::lrd of the ordin::ll)' high
woter mork.
c. All mooroge piles shall be placed in a '.voter depth not to exceed 13 feet
aelow tho ordinary high water mark.
d. No more tl:wn hvo moorago piles por residonco are permitted-:
(6) Lounching ramps ond lift st::ltions require a shoroline condition::ll use pormit
and are limited by the following conditions:
a. No portion of a launching romp or lift station shall be placed more thon 60
feot '#otonN::lrd of the ordinory high 'N::lter mark.
b. All. portions of ::l l::lunching romp or lift st::ltion shall bo ploced at ::l depth
not to exceed oight foet below the ordinary high wator mark.
c. LauABfl.fAfr-f8ils or ramps shall be-aAchored to the ground thr~e--tl-se
of tio type constR::l€tion. Aspholt, concrete, or other romps which solidly cover the
'J'Jater body bottom oro prohibitod.
d. No more than one launching rail por single family residence is pormitted,
and no more thon two common use launching ramps for eoch 1 O~eet of shoreline
::lssociated with ::l multif3mily dovelol3ment, short subdivision, or sOOGivision.
(7) Flo::lts arc limited under tho follmving conditions:
a. One float per single f3mily rosidence, multifamily devolopment, short
~vi&ion, or sl:Jbd+v+siGFHS permitte4
tr.-Ne-J*lfHefl-ef 0 float-shal~aGeEi-ffiefe- th a n 3&-.feet---wateFWaffi-ffi-tl:l.e
ordinory high '.vator mork.
c. Retrievallinos shall not float ot or near the surface of the water.
Page 30 of 51
City of Federal Way SMP - Article /II. Shoreline Manaoement - Draft Reoulations
March 21. 2007
d. No fl03t Bh311 h;Jve more th3n 100 squ3re feet of surbce 3re3.
jg) UtilitiosrREARRANGED WITHIN SHORELINE USES SECTION ABOVEh
Yt~Hty-faBj.l.ities-maY-f>e-J3€'Fffiftted-fn-the-tH'-eafl-effilife.Rmem-wbj.eGt-te-t-Re
feqttifeffients of th~s ch3pter,pffivided-:
(1) Utility 3nd transmission bcilities sh311:
3. /\void disturb3nce of unique 3nd fr3gile are3S.
b. Avoid disturbance of wi+EIfi.fe~~~nd re3ring are3S.
c. Ovorhe;Jd utility bcilitios slull not bo pormittod in public parks,
monuments, scenic, recreation,or historic are3S.
. (2) Utility distribution and tr3nsmission facilities shall be designed so as to:
a. Minimize visual imf)ash
9. Harmonize '..vfth-e.r enhance-the surrm;ffiGifl~~
c. Not cre3to a neod for shorelino protection.
d. Utilize to the greatest extent possible n3tural screening.
(3) The construction and mainteflance of utility facilities shall be done in such a
VJ;Jy so 3S to:
a. Maximize the preservation of natural beauty and the conservation of
resources. .....
b. Minimize scarring of tho landscape. I; (1/
c. Minimize siltation and orosion.
dr3inage.
utility facilities shall:
a. Be accomplished as rapidly as possible to minimize soil erosion anEl-te
m;Jint3in pl3nt and wildlife habitat&:
b. Utilize plantings comp3tible with the n3tive vegetation.
(5) Solid w3ste transfer stations Sh311 not bo permitted within the shorelines of
the state.
(h) Offico and commerci~meflt [REARRANGED WITHIN SHORELINE
USES SECTION ABOVE]. Office dovolopment m;Jy bo allowod in tho urb;Jn
environment subject to the requiremonts of this chapter, provided:
(1) The office or commercial use or 3ctivity is permitted in the underlying zoning
cl;Jssific;Jtion.
(2) Offico and commorcial dovelopmentsh311 m3int3in 3 setback behind tho
stringline sotback, or 75 feet from the ordinary high '.'Vater mark, whichever is
greater, except in the follow~-sases~
3. If the property--~s-deveIGped-with-a structure-wfth.iH~feot of tho ordinafY
high 'N3ter m3rk, thon tho structuro C3n only be added to if the ;Jddition will not
m3ke the structure 3ny more nonconforming as to its setback. .
b. If a development is proposed on shorelines th;Jt include one or more
sensitivo 3reas, ;JS defined iA-GRaf}tef-~ FWCC, such devefef*lent Sh311 m3intaifl
setbacks in ;Jccord;Jnce with regulations and procedures set forth in Chapter ~
FVVCC, Article XIV.
{.J-)-P-ieFS, moorages , :fleats.--afld--fa.tl.A.Ghf~it~e&-wi+I-Af}t-bo perm itted-ifl
ooHj-l::lflst-ien with office Gf-GemmefGiakfevele.pmeHt.;--ufH-ess-they-are d evelo pad-as
p;Jrt of on sito public 3CCOSS to the shorelino.
Page 31 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21, 2007
ji) Shoreline protectien. Shoreline protect-iBfl-rrK1Y be permitted in the urban
environment, provided:
(-1-)--BHl k head &-sHaH-flGt-ge-€BFl5i€iefeti-afl-0wigflt perm itted use-GA-the-P-~et
~ufld-sOOfeliAe. I n Of{j€f--fBr~ed-bulkfleaG-te-ee-~ted-eA---tfle-P-U~et
Sound shorolino, or for a 13ko shore bulkhe3d to qualify for the RCVV 90.58.030
(3)(o)(iii) exemption from the shoreline pormit requirements, tho city of Federal
'Nay shall review the proposed bulkhead design as it relates to local physiGal
conditions ~md the city of Foderal-Way shoroline mastor program 3nd must find
tflat.;
a. Erosion from 'Naves or curronts presents a clear and imminont threat to a
legally established residence, one or-mGFe-st:f9stantial accessory struGtures, or
~c improvemonts;
b. Tho proposed bulkhead is more consistent 'Nith tho intent of tho city of
Feder31 'N3Y shoroline m3ster progr3m in protecting the sito and adjoining
shorelines than other nonstructural-aJ.ternatives such as slope drainago systems,
vegotative grovvth stabiliz3tion, gravel berms, 3nd be3ch nourishment, 3nd that
such 31ternativos are not technically feasible or vvill not adequately protect a legally
., .
m3rk; and
following:
a. VVhen 3 bulkhe3d has deteriorated such that the ordin3ry high water mark
.has been established by the presence and action of water 13nd'v".'ard of the existing
bulkhead, then the repl3cement bulkhead must be located at or as near as
~ossible to the actual ordinary high water mark.
b. ""hen 3n existing bulkhead is being repaired by the. construction of a
vertic31 wall fronting the existing 'l.'311, it sh311 be oonstructed no further w3tel'\vard
of the existing bulkhe3d than is necessary for oonstruction of ne"": footings.
c. Beach nourishment and bio engineered erosion oontrol projects may be
oonsidered 3 norm31 protective bulkhe3d when 3ny structural elements are
oonsistent 'lJith the 3bove requirements, and when the project has been approved
by the Department of Fish and Wildlife.
(3) Shoreline protection shall not have adverse impact on the property of-etH€fS
aR€I-sh311 be designed so as Aet-te-Gfeate a need f{)r shoreline PFeteGt+efl
oIsO'v..,here.
3. Shoreline protection shall not significantly interfere with normal surface
aR€lJer subsurfaoe drainage into the water body and shall be constructed using an
3pproved filter cloth or other suitaf*e-mcans to 31101# p3ssage of surf3ce ana
groundwater without internal erosion of fino material.
b. Shoreline protection shall not be used to create ne',N lands, except that
gFeffi-S-fAay-u-S€~fl-&-f)usliG-Gtass I beach i.f.-tl:ley-seffif)ly-witfl..-aH
Btflef-GBoo~tiGH&-ef-.tA.i.s.-seet~E)fl-;
c. Groins 3re permitted only 3S part of a public beach management
program. Jetties and breakwaters are not permitted.
Page 32 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Requlations
March 21, 2007
_U) Recreation. [REARRANGED WITHIN SHORELINE USES SECTION
ABOVE1Recreational development may be permitted in the urban environment
sOOjeGt-t~efleffil-feqwfeffi€flt-s-Gf-#lj.s.-Bhaf=}tef;-f)feviGeEE
(1) The re€feaHenaklBVelGf=}ffient is pemm-t€tHA-thB--I:ffiGefl.yifl~0fle-:
(2) Sv.:imming aroas shall be separ3ted from boat launch areas.
(3) The development of underNater sites for sport diving shall not:
a. Take place at def*A-s-ef greateF-tHan 80 feet..
b. Constitute 3 navig3tional h3z:)rd.
c. Be loc3ted in areas 'v'.:here the normal w3terborne tr3ffic would constitute
3 hazard to those people who m3Y use such 3 site.
(II) The constructien--ef swim mffifr--faBU#ieS;----f}fefS , moorages, fleats,--aAG
13U nchi ng facilities belew-tHe-effiffiafy--hfgh--wat€f.-ffiark sh311 be goveFA~
regulations of subsections (e) 3nd (f) of this section.
(5) Public boat bunching facilities m3Y be developed, provided:
a. The traffic generated by such a facility can be safely and conveniemly
handled by the streets serving the proposed bcility.
b. The facility 'Nill not be located on a class I beach.
(6) Upl3nd facilities constructed in conjun .
safety 3nd security.
(k) S31mon and steelhe3d habit3ts.
(1) Structures which provent the migr3tion of salmon and steelhe3d aro
prohibited in the portions of the water bodies used by fish. Fish bypass facilities
sh311 allow the upstream migration of.-a.G.tJ.lt fish. Fish-bypass facilities shall prevem
fry 3nd juveniles migr3ting downstream from being tFawed or harmed.
(2) L3ndfills shall not intrude into salmon and steel head habitats, except 3S
provided in subsection (k)(3) of this section.
(3) L3ndfills may intrude into salt \/'Jater areas used by salmon and steelhead for
migr3tion corridors, rearing, feeding and refuge only where the proponent obt3ins
3 conditional use permit (CUP) 3nd demonstrates 311 of tho following conditions 3ro
meF.
a. The landfill is for water depenGent-ePNater related use;
b. An 31tern3tive 3lignment or 10Gation is not feasible.;.
c. Tho project is designed to minimize its impacts on the environment;
d. The facility is in the public interest; and
e. If the project will create significant unavoidable adverse impacts, the
imp3cts are mitigated by creating iA-kffid replacement habitat near the project.
Where in kind replacement mitig3tion is not feasible, rehabilitating degraded
habit3t m3Y be required as a substitute.
~)-lJAffiss-tt-l€-a~~Gant--GeffiGA.stfa.tes--that-B+eef19ifleefiH@-teGhfHEttJ.eS--WfU-AGt
be--stJ.GGessful, bl7.flkHea€l-s-aA4-Gtf1.er--sh0f~GteGtio n stFHGttlf-e&-are-j3f-ehieiteG
in s31mon 3nd steel head h3bitat.
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City of Federal Way SMP - Article III. Shoreline Manaaement - Draft Reaulations
March 21, 2007
(5) '.^/here bulkheadB and other sheffiline protection structures are aIIO'.\'ed, the
toe of the bulkhead or structure shall be located landward of the ordinary high
wat€r-maFk-e*Gef3t-a8-'f*W~GeG--ifl.-sooseGtiBR-{k}(-9-)-ef.-tl::ti8-seGtffiA-:-WAef€-afl
ex-i-stfn g bu I khead 0 r str-tlBttlf-e-Gaflflet-ee-remeveG--beGaHSe-ef..-efW-iffiFl.ffieflt.al,
safety, or geological concerns, the least environmentally impacting alternative shall
be used. Any replacement bulkhead or shoreline protection structure shall be as
Giese to the existing structure as pes..SfeJ.e.:.
(6) Bulkheads, breakwaters, jetties, groins and other shoreline protection
structures may intrude into f::almon and stoolhoad habitats only where the
proponent demonstrates all of the follo'Ning conditions are met:
a. An alternative-aHwlmeftt-ef-location is not feasible;
b. Tho project is ~~}AeG--te-m+flimize its impacts on tho environmont;
c. The facility is in the public interest; and
d. If the project will create significant unavoidable adverse impacts, the
impacts are mitigated by creating in kind replacement habitat near the project.
WAere in kind repl3cement mitigation is not feasible, rehabilitating degraded
habitat may be required as a substitute.
. ..
,
crossing structures may be approved if the impacts are acceptable: temporary
culverts, bottomless arch culvorts, elliptical culverts or round culverts. These
.structures arc listed in priority order, v.'ith the first having tho highest preferonce
and the last tho la'll/est preference. In ordor for a lower priority structure to be
J38fffHtted, the applicant must show the higher priority structures are not feasible.
The project shall bo designod to minimize its impacts on the environment.
(9) Bridges and in wator utility corridors may be located in salmon and
steel head habitat providod the proponent shows that all of tho following conditions
are met:
a. An altornative alignment is not foasible;
b. Tho projoct is located and designod to minimize its impacts on tho
onvironment;
c. I\ny alternative-fffiJ3aGts are mitigated; and
d. /\ny landfill if:: IGGateG-laA€iward of tAe-efGfflafY high water mark. Of3eA
piling and piers roquirod to. construct tho bridge may bo placod water\\'ard of the
ordinary high water mark, if no alternative method is feasible.
Notwithstanding subsection (k)( IJ) of this section, when installing in '/later
utilitios, tho installor may place native material on the-l:;)eEHmd banks of tho water
body or \vetland to re ostablish tho preconstruction olevation and contour of the
bed. The projoct shall bo dosignod to minimizo its impacts on the onvironmont.
f+G) Dredging wRf6fi--wi.It-Gama~e-shallow-watef--l::l.a.9j.tat used by salmGA-aAG
stee./flead-fef-fflf~fatieH--BeffiGer.g.,.reaf-iflg,feeGfflg-aflG-fefuge sha 1Hlet-t:;)e-aHewed
unlof::s the proponont domonstrates all of the following conditions are met:
a. Tho dredging is for a water dopendent or wator related use;
Page 34 of 51
City of Federal Way SMP - Article /II. Shoreline Manaoement - Draft Reoulations
March 21, 2007
b. An altcrn;)tivo ;)Iignmont or loc3tion is not foa~
c. The project is designed to minimize its impacts on the environmont;
G~e-f.aGi~ity-i&ffi-tR&f1t}eHG-int€-r-est-;--anG
&-If-~eGt--witl-ef€ate-si9fl#iGaffi--t}RaV0+Ga91€-.aGV€r-se-i'ffif)aGts, the
imp3cts 3re mitig3ted by creating in kind repl;)comont h3bitClt near tho projoct.
VVhere in kind replacement mitigation is not feasiblo, roh;)bilit3ting degr;)ded
~quired as a su9stffi:J-te.:
(11) Dredging and tho remov;)1 of bed matorials belovo' tho '.\Iator line is
prohibitod \Nithin s;)lmon and stoelhe;)d spawning 3r03S.
(12) In W;)tor dredgo spoil disposal sites shall not bo loc3ted in s;)lmon and
stee~A€.aG-fl.a.9iffit&:
(13) LanGfimflg, dredging, channolizatioo-ane-ether activities which negatively
impact habitat valuos 3re prohibited in \NotI3nds, ponds, 3nd sido channols which
provide refuge or other habitat for salmon or stoolhoad.
(11) VVithin salmon and steelhead habitats, permanent channel changes and
realignments are prohibited.
(15)Aquaculture usos shall not be established in salmon and steelhe;)d habitat,
exc~pt for. areas that are only used f-or migratio~!~~orridors. This regulation only
and stoelhead
,
be left in the waterway to provide salmoR-and stcelhead habitat.
(18) OutfCllIs within or upstream of salmon or steolhcad spawning areas shall
be-designed and constructed to minimize disturbanco of salmop and steolhoad
spawning beds. (Ord. No. 98 323, ~ 3,12 1 98; Ord. No. 99 355, ~ 3,11 16 99)
Page 35 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21, 2007
18466169 Rural Urban Conservancy environment.
(a) Purpose. The purpose of the "urban conservancy" environment is to protect
and restore ecoloqical functions of open space, flood plain and other sensitive
lands where they exist in urban and developed settinqs, while allowinq a variety of
compatible uses.Tho purposo of dcsignGting tho rurGI environment is to restrict
intensive dovelopmont, function GS G buffer bet\voen urb::m ar03S, and m3intain
0~en sp3ces 3nd opportunities f0.Hecre3tioA-tl-se&W-HR+n tho ecological carrying
Ba~Gcity of the 13nd 3nd w3tor resourco. New develo~ffieAts in 3 rurGI onvironmem
should refloct the ch3rGctor of the surrounding Gre3 by limiting intensity, providing
permGnent open space, 3nd m3intGining adequGte building setbGcks from the
wat.er to prevent shoreline resources from being destroyed for other rural types of
tffie&:
(b) DesiQnation criteria. Desiqnation criteria for the Urban Conservancy
environment are provided in the City's shoreline master proqram, FWCC Chapter
xx shall be:
(c) General requirements. The generGI requirements for development within a
rurGI environment sh311 be the S3me GS those for the urb3n onvironment, F~^JCC
18 165(c).
(1) Development waterward of the ordinary hiqh water mark is prohibited
except water dependent recreational uses and public utilities.
(2) No structure shall exceed a heiqht of 35 feet above average qrade level.
This requirement may be modified if the view of any neiqhborinq residences will
not be obstructed, if permitted outriqht by the applicable provisions of the
underlyinq zoninq, and if the proposed development is water-related or water-
dependent.
(3) All development shall be required to provide adequate surface water
retention and sedimentation facilities durinq the construction period.
(4) Development shall mGintain the first 50 feet of property 3buttinq a n3tural
onvironment GS roquired open SP3ce. Setbacks. Development shall maintain the
first 50 feet of property landward from the ordinary hiqh water mark as a required
setback and veqetation conservation area, or development shall maintain a 25 foot
setback from the top of bluffs in the shoreline iurisdiction, whichever is the qreater
setback. Setback shall be subiect to provisions referenced in subsection (e) and
fg}.
5). Veqetation Conservation Area. The required setback area shall be considered a
Vegetation conservation area. Within the Veqetation Conservation Area, no more than
30 percent of the area with native shoreline veqetation shall be cleared, and a minimum
Page 36 of 51
City of Federal Way SMP - Article /II. Shoreline Manaoement - Draft Reoulations
March 21,2007
of 70 percent of existinq native trees shall be retained. Trees determined by the city to be
hazardous or diseased may be removed. Additionally, the Director may allow removal of
veqetation exceedinq that described above where an applicant aqrees to replacement
plantinqs that are demonstrated to provide qreater benefit to shoreline ecoloqical
processes than would be provided by strict application of this section.
(d) Shoreline Modifications.
(1) Allowed modifications to the shoreline within Urban Conservancy desiqnated areas
include the followinq:
a. Shoreline .Stabilization--aR€l--~{)feHfl€---.P-ffiteGtj.on: Allowed within Urban
Conservancy desiqnated areas under the requirements imposed by rNEW SECTION
Shoreline Modificationsl division (a).
c. Piers. Allowed within Shoreline Residential desiqnated areas with a Shoreline
Conditional Use Permit under the requirements imposed by rNEW SECTION
Shoreline Modificationsl division (b).
d. Docks, Mooraqe, and Floats. Allowed within Urban Conservancy desiqnated
areas under the re uirements im ose:d b NEW SECTION Shoreline
Modificationsl division (b). 'i, (
e. Launchin Ram s Rails and LfFf\ 0 ~. Allowed within Urban Conservanc
desi nated areas with a Shor Ii al'ilUse ermit under the re uirements
im osed b NEW SECTIO ibifications division c exce t under the
followinq condition:'j 'jl
1. Permitted with SU~i ... a Development Permit in parks and public access
areas within the Urban Conserlta'ncy environment.
f. Dredqinq and Fillinq. Allowed within Urban Conservancy desiqnated areas with a
Shoreline Conditional Use Permit under the requirements imposed by rNEW SECTION
Shoreline Modificationsl division (e).
(2) Prohibited modifications to the shoreline within Urban Conservancy desiqnated
areas include the followinq: .
a. Breakwaters and Jetties.
(e) Shoreline Uses.
(1) Allowed uses within Urban Conservancy desiqnated areas include the followinq:
a. Residential Development. Allowed within Urban Conservancy desiqnated
areas under the requirements imposed within rNEW SECTIONl Shoreline Residential,
division (e), (1 ), with the followinQ additional restrictions:
1. Setbacks. Residential development shall maintain a minimum setback of 50
feet from the ordinary hiqh water mark, or 25 feet from the top of bluffs, whichever is
qreater as a vegetative conservation area. Exceptions to minimum setback requirements
included in rNEW SECTIONl Shoreline Residential, division (e), (1), (a)(3), for both
sinqle-family and multi-family development. shall apply, but in no case shall a setback
less than 25 feet from top of bluffs.
b. Accessory Structures. Allowed within Urban Conservancy desiqnated areas
under the requirements imposed within rNEW SECTIONl Shoreline Residential, division
(e), (1), b.
c. Recreational Development. Allowed within Urban Conservancy desiqnated
areas under the requirements imposed within rNEW SECTIONl Shoreline Residential,
division (e), (1 ), c.
Page 37 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21, 2007
d. Utilities. Allowed within Urban Conservancy desiqnated areas under the
requirements imposed within rNEW SECTIONl Shoreline Residential, division (e), (1), d.
e. Transportation I ParkinQ Facilities. Allowed within Urban Conservancy
desiqnated areas under the requirements imposed within rNEW SECTIONl Shoreline
Residential, division (e), (1), e.
q. Office and Commercial Development. Office and commercial development
may be allowed- with Conditional Use approval in the Urban Conservancy environment
subiect to the requirements of this chapter, provided:
1. The office or commercial use or activity is permitted in the underlyinq zoninq
classification.
2. Office and commercial development shall maintain a setback behind the
strinqline setback, or of 75 feet from the ordinary hiqh water mark, or 25 feet from the top
of bluffs, whichever is qreater. whichever is lessThe minimum setback may be reduced
usinq the strinqline method, when applicable, but in no case shall the minimum setback
be .ffiI.t- less than 50 feet from OHWM or 25 feet from the top of bluffs, whichever is
qreater.qre3ter, except in the followinq C3ses:
. .
. .
.~ ~ f r~II!! 2 ~~~ ~ d ~ ~ ~ ~ . .
:~~~ ~~ i~r~~~~r~~n : I:~ ~.."~ v :'a ~r:C et ::~ Oin7~ p~ ~ 2 ~v~~
^ rticle XI\! tv
I , Y .
3. Piers, mooraqes, floats, and launchinq facilities will not be permitted in
coniunction with office or commercial development; unless they are developed as part of
on-site public access to the shoreline.
. 4. Additional water Quality standard must be met as per Shoreline Residential,
section 18-167(f)(2).~
(2) Prohibited uses within Urban Conservancy desiqnated areas include:
a. Aquaculture.
~tial development. Sin9~e f3mily r.esk:iential development may be
permitted ift-the rur:]1 environment sa8:iect to the general requirements of tRe
residenti31 provisions of FVVCC 18 165(d) of the urb3n environment.
(e) Residenti31 piers, moor3ge, or 13unching facilities. Piers, moorages, fl03ts,
or launching f3cilities m3Y be permitted 3ccessory to a single family residence in
accordance with FVVCC 18 165( e) and ffJ-ef the urban environment.
(f) Subdivisions. The lot stand3rds enumerated in this section 3pply to 3ny lot
that h3s build3ble 3rea 'Nithin the shorelines of the city. Build3ble are3 me3ns th3t
area-ef-tHe-let,e-XGfl::.lsive-ef any re~-Gf*R-5f)ace, yards, or Sefu.a.Gk-&-l:$0fl
wt:HGI:l-a-strtH:;tl::J.fe-may be constNGt-eEh
(1) The minimum required 3reo of a lot in the rur31 environment Sh311 be five
acres; provided, however:
Page 38 of 51
City of Federal Way SMP - Article III. Shoreline ManaQement - Draft ReQulations
. March 21, 2007
a. The minimum lot area may be reduced to 15,000 squ3re feet when:
1. All lots are p3rt of 3n approved subdivision or ~hort subdi'.'ision.
2.:-AIWet&-afe-8€fV€G-By-~ateF7
~lllots 3re serveG--9y-aFl-af')proved-sewage-ffiSf)GSaI--&y.st€ffh
-1. 1\11 lots 3re served by p3ved streots.
5. 1\11 lots have a minimum width of 100 feet.
~et-looated wholly or partially 'Nithin the sooreHfleS-Gf..-tHe city sha/.l-ge
stIbject to the subst3nd3rd lot provisions of Chapter ~ FWCC, Article IV.
(3) Submerged 13nd within the bound3ries of 3ny v:aterfront p3rcol sh311 not be
used to compute lot 3rea, lot dimensions, yards, opon SP3CO', or other similar
f€€tHH=oo-conditiGAs of 13nd sueGiv+&ien or developmenh
~tilities. Utility f3cilit~ay be permittod in the rur31-eFWfFeRfRent subject to
tho utilitios requiroments of the urb3n onvironmont 3nd the genorol requiroments of
FWCC 18 165(c).
(h) Shoreline protection. Shoreline protection moy b8i3€f-mitted in the rural
environmont subject to the shoroline protoction provisions of FWCC 18 165(i) of
the urb3n environment.
Page 39 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21 , 2007
18467170 Conservancy rcsidontialNatural environment.
(a) Purpose. The purpose of the "natural" environment is to protect those
shoreline areas that are relatively free of human influence or that include intact or
minimally deqraded shoreline functions intolerant of human use. These systems
require that only very low intensity uses be allowed in order to maintain the
ecoloqical functions and ecosystem-wide processes. Consistent with the policies of
the desiqnation, local qovernment should include planninq for restoration of
deqraded shorelines within this environment. GGAscrv~:mcy-r-esfGeffiial areas are
intended to maintain their existing character. This designation is designed to
protect, conserve, and manage existing natural features and resources. The
preferred uses are those nonconsumptive of the physical and biological resources
of the area.
(b) Designation criteria. Desiqnation criteria for the Natural environment are
provided in the City's shoreline master proqram, FWCC Chapter xx. Designation
criteria f{)r the conservancy N3tural environment shall be:
(1) Shoreline 3reas, regardless of the ~Qerlying zoning, 'A'hich have
environmentally sensitive 3reas as 3quifer rect)~r~.i. ~areas, fish and wildlife habitat,
. .r- . ?
:)
that 3re of particular scientifio and education:)l interostShoreline 3ro3S that have
poor drainage.
(3) The shoreline is unable to support new development or uses without
siqnific3nt adverse imp3cts to ecoloqic31 functions or risk to human
.safctv.Shoreline 3reas 'Nhich are free from extensive development.
(-1) Shoreline 3re3S of high scenic value.
(-1) 1\ shoreline area that provides food, water, or covcr and protection f{)r any
r3re, endanqered, or diminishinqthreatened species. rTEXT MOVED FROM
NATURAL BELOlJ'll
(5) A seasonal haven for concentrations of n3tive animals. fish. or fowl. such as
a miqration route, breedinq site. or spawninq site. rTEXT MOVED FROM
NATURAL BELOW]
(6) Shoreline areas with established histories of ccientific research.
(7) Those shoreline areas havinq 3n outstandinq or unique scenic feature in
their n3tural st3te. rTEXT MOVED FROM NATURAL BELO'.'\']
(8) In addition to the above criteria, the follO'.'vinq should be considered when
desiqnatinq natur31 environments: rTEXT MOVED FROM NATURAL BELO\'V]
a. )\reas where human influence and development are minimal.
b. Areas capable of easilv beinq restored to 3 n3tural conditions.
c. S31tw3ter wetlands.
d. Cl3ss I beaches.
(c) General requirements.
(1) Development waterward of the ordinary hiqh water mark is prohibited
except water dependent recreational uses and public utilities.
Page 40 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
. March 21, 2007
(2) No structure shall exceed a heiqht of 35 feet above averaqe qrade level.
This requirement may be modified if the view of any neighboring residences will
not be obstructed, if permitted outriqht by the applicable provisions of the
underlyinq zoninq, and if the proposed development is water-related or water-
dependent.
(3) All development shall be required to provide adequate surface water
retention and sedimentation facilities durinq the construction period.
(1) Development shall maintain the first 100 feot of property abuttinq a natural
environment as required open space.
(4) Setbacks. Development shall maintain the first 100 feet of property
landward from the ordinary hiqh water mark as a required setback and veqetation
conservation area, or development shall maintain 50 feet from the top of bluffs in
the shoreline iurisdiction, whichever is the qreater setback. Setback shall be
subiect to provisions referenced in Section xx,
(d) Shoreline Modifications. The followinq shoreline modifications are
prohibited within Natural desiqnated shoreline areas:
(1) Shoreline Stabilization and Protectk:m;
(2) Piers, Docks, Moorages, and Floats;
(3) Launchinq Ramp, Rails Lift Stations';
(4) Breakwaters and Jetties; and
(5) Dredginq and Fillinq.
(e) Shoreline Uses.
(1) Allowed uses within Natural desiqnated areas include:
a. Residential Development. Sinqle-family residential development may be
permitted in the Natural environment with a Shoreline Conditional Use Permit subiect to
the followinq:
1. Sinqle.:.family or multiple family residential development is permitted in the
underlyinq zone classification.
2. Sinqle-family rResidential development is prohibited waterward of the ordinary
hiqh water mark.
3. Setbacks.
i. Sinqle-family residential development shall maintain a minimum setback bohind
the strinqlino GetbaGk,-efOf 100 feet from the ordinary hiqh water mark as a veqetation
conservation area, or 50 feet from the top of a bluff, whichever is qreater as a veqetation
conservation area.whichover is lossqreater, except in the follmvinq cases:
Page 41 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
. . March 21.2007
b. Recreational Development. Allowed within Natural desiqnated areas under the
requirements imposed within rNEW SECTIONl Shoreline Residential, division (e), (1 ), a.
~
~Kl. If the residenti::ll development is proposed on shorelines th3t include
one or more sensitive 3re3S, 3S defined in Ch3pter 22 FVVCC, such development Sh311 be
requried to m3intain 3ddition31 setb3cks in 3ccord3nce with the requl3tions 3nd
procedures set forth in Chapter 22 FVVCC, Article XIV.
b. Structures sh311 be setb3ck the minimum necess3rv to 3void the
need for shoreline protection me:::lsures.
ii. Multif3milv residenti31 development sh311 be prohibitted in the Natural
E-AViffiHmeRh
c. Accessorv Structures. 1".lIowed within Natur:::ll desiqn:::lted are:::lS v.tith a Shorelffie
Condition:::ll Use Permit 3nd subiect to under the requirements imposed \vithin fNEVV
SECTIONl Shoreline Residenti31, division (e), (1), c.
c. Utilities. Allowed within Natural desiqnated areas with Shoreline Conditional Use
Permit under the requirements imposed within rNEW SECTIONl Shoreline Residential,
division (e), (1), d.
(2) Prohibited uses within Natural desiQnated aF~as include:
a. Office and Commercial Develo me ~ i /'
b. Aquaculture.
Ch3pter 22 FVVCC, Article XI, and the residenti31 provisions of FVVCC 18 165(d) of
the urban environment; provided single f:::lmily residential development shall
m:::lintain 3 minimum setb3ck of 50 feet from the ordin3ry hi9h water m3rk, except
~
(1) If the development is proposed on shorelines including one or more
sensitive 3reas, as defined in Chapter 22 FWCC, Article XIV, such development
SAaI~ be done in accord:::lnce with that :::lrticle.
(2) Any pier, moor:::lge, float, or launching facility permitted 3ccessory to single
f3mily development, or a common use facility accessory to 3 subdivision or short
stJbdivision, shall be subject to the pier, moorage, float, and launching f3cility
provisions of FVVCC 18 165(f) of the urb:::ln environment; provided no such
:::luthorized structure shall be loc3ted 'A'ithin 200 feet of any other structure.
(e) Subdivisions. The lot st3ndards enumer3ted in this section apply to 3ny lot
tRat has buildable area within the shorelines of the cj.t.~ble 3re:::l means that
aFea-of the lot exclusive of any required open spaGe,yafds, or setbacks upon
which 3 structure m3Y be constructed.
(1) The minimum required 3rea of :::llot in the conservancy environment shall be
we acres, provided, however:
:::l. ThO minimum lot 3re:::l m:::lY be reduced to 35,000 squ3re feet '"vhen:
1. All lots :::lre part of 3n approved subdivision or short subdivi.sien.
2. All lots are sorved by public W:::lter.
3. All lets are sef\led by an apf*eveG-se~e-Gisf}Gs31 system.
4",-AH-jet&-aFe~et&-
5. All lots h:::lve 3 minimum width ef 100 feet.
Page 42 of 51
City of Federal Way SMP -- Article III. Shoreline Manaaement - Draft Reoulations
March 21, 2007
(2) Any lot located ',,:holly or partially \....ithin the ~hoFclffies-sf- the city shall be
subject to the substand3rd lot provisions of Chapter Z.f. F\^/CC, ,i\.,rticle IV.
(~)~\;t9mergee_lafH:i...-witffiR--tfl€-OObtAGaAe&-Sf--aR-y-wffieFfr9ftt-.pafGB~SHall--net-ee
usee-te-.oomf}l:He-Iet-area, lot dtmeR-sieAs,-ya rd s, opeA--&j3aGe.,er-etlier-s+mHaf
required conditions of 13nd subdivision or development.
(f) Utilitios. Utility facilities m3Y be permitted in the conservancy environment
subject te the utilities requirements of the urban e~the geneml
fequirements of this ch3pter.
(g) Shoreline protection. Shoreline protection may be permitted in the
conserv3ncy residential environment subject to the shoreline protection provisions
ef-f-WGC 18 165(i) ef.-tfle urbaH-environmeAh
. (h) Recre3tion. Recro3tional development may-be-f>efmilied-iR--the conserv3ncy
residential environment subject to the gener;)l requirements of this chapter and the
recre3tion provisions of FWCC 18 1650) of the urb3n environment.
(i) S3lmon and steelhe3d habit3t. S;)lmon 3nd steelhead fl3bit3t sh31l be
protected under FWCC 18 165(k)(1)through (k)(18). (Ord. No. 98 323, ~ 3,12 1
98; Ord. No. 09 355, ~ 3, 11 16 99)
007
(1) /\ shoreline 3re;) that provides food, 'Nater, or cover 3nd protection for any
fare, efldangered, or diminishing species.
(2) ^ se3sonal haven for concentrations of native an~mals, fish, or fowl, such as
a migration route, breeding site, or spawning site.
(3) Shoreline areas considered to best represent the basic ecosystem and
g€e-fogic types which are of particular scientific interest.
(4) Shoreline areas which best represent undisturbed natural areas.
(5) Shoreline areas with established histories of scientific research.
(6) Those shoreline areas having an outstanding or unique scenic feature in
tfl.e.i.F.. natural sta~
f7-}+n-ati€J.i.tioo-te the above criteria, the followffi9....sA0u.le--I3e--GeA~
designating natural environments:
a. I\reas where human influence and development are minimal.
e-:-AFeas capable of easily being restored to a nattJfal-€ooditions.
c. Saltwater wetlands.
d. Class I beaches.
(c) Residential development. Single family residential development may be
peffflitted in the natural environment subject to the gefler-a.J-fequ.j.r-emeAts--ef
Ghaptef-22 FVV CC, ^rticle-Xh-8fle-tHe-siRg.le-fa.m#y-f)f-evisiGAs,F~tGt-ef
the urban environment; provided, single family residential development shall
maintain a minimum setback of 100 feet from the ordinary high water mark, except
t4af:.
Page 43 of 51
City of Federal Way SMP - Article /II. Shoreline Manaqement - Draft Requlations
March 21, 2007
(1) If development is proposed on shorelines including one or more sensitive
areas, as defined in Chapter 22. FVVCC, ^rticle XIV, such development shall be
Gefle-.ffi-aGGefdaflGe-witM-e~GflS-aHG-~FeGedHFes-set-fert.t'1--ifl-tfl.at--ar-tfGf&
~fde.ffiia4>fef-S-, moorage, o~ching facilities. Piefs, moorages, floats,
or launching are prohibited in a natural environment.
(e) Subdivisions.
(1) The minimum re~d area in the natural effi4ronment shaU-ee-fNe acres.
(2) The minimum required lot width in the natural environment shall be 330 feet.
(3) Any lot located INhollY or partially 'Nithin the shorelines of the city shall be
considered a legal building site; provided, that such lot shall be subject to the
suestandard lot pffi\Ji.sfons of Chapter 22. FVVCC, Article IV.
('1) SubmeFg€4-~aAd within the boundaries of any-waterfront parcel shall ne:t-.Ge
used to compute lot area, lot dimensions, yards, open space, or other required
conditions of land subdivision or development.
(f) Shoreline protection. Shoreline protection is-prohibited in the natural
environment.
(g) Recreation. Recreational development may be permitted in the natural
environment subject to the general requirements ot'~is chapter, provide4
(1) The recreational development '.viII. n~t."Oquire any significant filling,
o~c~vation, or r~ra<:Jing inV<?~':ing more _~~ f1., w.~rcGnt of that portion of the site
within the shorelines ~f the city. . I r ~ .
\' s, gyms, and other Indoor
'Nith recreati'onal development~rGlI not be permitted, except that floating walkways
or other similar over 'J'Jater pedestrian structures facilitating access to observation
points or viewing areas may be permitted.
(h) Salmon and steelhoad habitat. Salmon and steelhead habitat shall be
protected under FWCC 18 165(k)(1) through (k)(18). (Ord. No. 98 323, S 3,12 1
98; Ord. No. 9~, S 3, 11 16 99)
Page 44 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21, 2007
Division 3. Administrative Procedures
18469171 AppUGatkm-aflG-p:ubli(;H1GtiGeShoreline Management Permit and
Enforcement Procedures, Adoption by Reference.
The city of Federal Way hereby adopts by reference the followinq sections or
subsections of Chapter 173-27, as amended, of the Washinqton Administrative
Code ("WAC") entitled Shoreline Manaqement Permit and Enforcement
Procedures.
WAC:
(1) 173-27-020 Purpose
(2) 173-27-040-Developments exempt from substantial development permit
requirement
(3) 173-27 -130 Filinq with department
(4) 173-27 -270 Order to cease and desist
(5) 173-27 -280 civil penalty
(6) 173-27 -290 Appeal of civil penalty
(7) 173-27 -300 Criminal penalty
18469-172 Permit S\:Ib-proce~~'~)<. ,', c tice.
An application for a substaQ<~iill '~~ -r:rl~nt permit shall be made to the
department of community dev~IQg' g5 rtt'on forms prescribed by the department.
Upon submittal of a complete fpplication, and required fees, the department shall
instruct the applicant to publish notices of the application at least once a week on
the same day of the week for two consecutive weeks in a newspaper of general
circulation within the city. The applicant shall also provide additional public notice
as prescribed in process I!lV, FWCC 22-431 et seq. (Ord. No. 90-38, 9 1 (24.40), 2-
27-90; Ord. No. 97-291, 93,4-1-97; Ord. No. 98-323, 9 3,12-1-98; Ord. No. 99-
355,93,11-16-99)
18-17~O Procedure for review.
The substantial development permit shall be reviewed under the provisions of
process III, FWCC 22-386 et seq., and the WAC 173-27 procedures adopted by
reference in FWCC 18-17199. Tthe director of community development services
shall be the final approval authority for the permit. (Ord. No. 90-38, 9 1 (24.50), 2-
27-90; Ord. No. 97-291, 9 3, 4-1-97; Ord. No. 98-323, 9 3,12-1-98; Ord. No. 99-
355,93, 11-16-99)
18-174 Shoreline Exemption.
(a) The purpose of a shoreline exemption is to provide an approval process for
uses and activities which do not triqqer the need for a substantial development
permit, but require compliance with the shoreline quidelines and the qoals, policies
and other provisions of the City's SMP.
(b) To qualify for an exemption, the proposed use, activity or development must
meet the requirements for an exemption as described in WAC 173-27-040.
Page 45 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21,2007
1I1lf the proposed development meets the requirements for an exemption, the
applicant shall submit an authorized statement of exemption to the director of
community development services for review and approval. The statement shall
indicate the specific exemption provision from WAC 173-27-040 that is beinq
applied to the development and provide a summary of the analysis demonstratinq
consistency of the project with the Federal Way SMP and the SMA. The burden of
proof that a development or use is exempt from the permit process is on the
applicant. If any part of the development is not eliqible for exemption, then a
Substantial Development Permit is required for the entire proposed development.
(d) The director may attach conditions to the approval of exempted
developments and L or uses as necessary to assure consistency of the project with
the SMA and the Federal Way SMP, per WAC 173-27-040(e). For example, in the
case of development subject to a buildinq permit, but exempt from the shoreline
permit process, the Buildinq Official or other permit authorizinq official, throuqh
consultation with the director, may attach shoreline manaqement terms and
conditions to Buildinq Permits and other permit approvals pursuant to RCW
90.58.140.
roval
(a) A complete application for a substantial development, conditional use, or
variance permit shall contain, as a minimum, the followinq information:
(1) The name, address and phone number of the applicant. The applicant
should be the owner of the property or the primary proponent of the project and not
the representative of the owner or primary proponent.
(2) The name, address and phone number of the applicant's representative if
other than the applicant.
(3) The name, address and phone number of the property owner, if other than
the applicant.
(4) Location of the property. This shall, at a minimum, include the property
address, parcel number and identification of the section, township and ranqe to the
nearest quarter, quarter section or latitude and. longitude to the nearest minute. All
applications for projects located in open water areas away from land shall provide
a lonqitude and latitude location.
(5) Identification of the name of the shoreline (water body) that the site of the
proposal is associated with. This should be the water body from which jurisdiction
of the act over the project is derived.
(6) A General description of the proposed project that includes the proposed use
Page 46 of 51
City of Federal Way SMP - Article Ill. Shoreline Manaoement - Draft Requlations
March 21,2007
or uses and the activities necessary to accomplish the project.
(7) A qeneral description of the property as it now exists includinq its physical
characteristics and improvements and structures.
(8) A general description of the vicinity of the proposed project includinq
identification of the adiacent uses, structures and improvements, intensity of
development and physical characteristics.
(9) A site development plan consisting of maps and elevation drawings, drawn
to an appropriate scale to depict clearly all required information, photographs and
text which shall include: .
(a) The boundary of the parcel(s) of land upon which the development is
proposed.
(c) Existinq and proposed land contours. The contours shall be at intervals
sufficientto accurately determine the existinq character of the property and the
extent of proposed change to the land that is necessary for the development.
Areas within the boundary that will not be altered by the development may be
indicated as such and contours approximated for that area.
(d) A delineation of all wetland areas that will be altered or used as a part of the
development.
(e) A qeneral indication of the character of veqetation found on the site.
(f) The dimensions and locations of all existinq and proposed structures and
improvements including but not limited to; buildinqs, paved or qraveled areas,
roads, utilities, septic tanks and drainfields, material stockpiles or surcharqe, and
stormwater manaqement facilities.
(g) Where applicable, a landscapinq plan for the project.
(h) Where applicable, plans for development of areas on or off the site as
mitiqation for impacts associated with the proposed project shall be included and
contain information consistent with the requirements of this section.
(i) Quantity. source and composition of any fill material that is placed on the site
Page 47 of 51
City of Federal Way SMP - Article III. Shoreline Manaoement - Draft Reoulations
March 21 , 2007
whether temporary or permanent.
(i) Quantity. composition and destination of any excavated or dredqed material.
(k) A vicinity map showinq the relationship of the property and proposed
development or use to roads, utilities, existinq developments and uses on adjacent
properties.
(I) Where applicable, a depiction of the impacts to views from existinq
residential uses and public areas.
(m) On all variance applications the plans shall clearly indicate where
development could occur without approval of a variance, the physical features and
circumstances on the property that provide a basis for the request, and the location
of adjacent structures and uses.
18-176 Shoreline Substanti
a The ur ose of a substatl' rovide an a
for any development with a totaL ost or fair market value exceedinq five thousand dollars
($5,000) or any development which materially-interferes with the normal public use of the
water or shorelines of the state. except those exempted developments set forth in the
precedinq section, consistent with WAC 173-27-040.
(b) When a substantial development permit is requested, the permit shall be reviewed
under the provisions of process III, FWCC 22-386 et seq.. and the director of community
development shall be the final approval authority for the City of Federal Way.
(c) A Substantial Development Permit shall be qranted by the director only when the
development proposed is consistent with the followinq:
(1) Goals, objectives. policies and use requlations of the Federal Way SMP;
(2) Federal Way Comprehensive Plan and City Code; and
(3) The policies, quidelines, and requlations of the SMA (RCW 90.58. WAC 173-26
and WAC 173-27).
(d) The director may attach conditions to the approval of permits as necessary to
assure consistency of the proposal with the above criteria.
18414-177 Shoreline variance.:.
(a) The purpose of a shoreline variance is to grant relief to specific bulk,
dimensional or performance standards set forth in the shoreline master program,
and where there is an extraordinary or unique circumstance relating to the property
Page 48 of 51
City of Federal Way SMP - Article 1/1. Shoreline ManaGement - Draft ReGulations
March 21. 2007
such that the strict implementation of the shoreline master program would impose
unnecessary hardship on the applicant or thwart the policies of the Shoreline
Management Act.
(b) When a variance is requested, the substantial development permit and the
variance shall be reviewed under the provisions of process IV, FWCC 22-431 et
seq., and the hearing examiner shall be the final approval authority for the City of
Federal Way. The Department of EcoloQY shall be the final approval authority
u nder WAC 173-27-200.
(c) A variance from the standards of the master program may be granted only
when the applicant can demonstrate that all the following conditions will apply:
(1) That the strict requirements of the bulk, dimensional or performance
standards set forth in the master program precludes or significantly interferes with
a reasonable use of the property not otherwise prohibited by the master program;
(2) That the hardship described above is specifically related to the property,
and is the result of unique conditions such as irregular lot shape, size, or natural
features, loc3tion of oxistinQ improvements and the application of the master
program, and not for example, from deed restriction or the applicant's own actions;
(3) That the design of the project will be @mpatible with other permitted
)
activities in the area and will not cause adv ects to adjacent properties or
the shoreline environment; t'\
(4) That the variance authorize~l3~nb .... on v tute a grant of special privilege
not enjoyed by other propertie ~..l~(II~t)~t~ minimum necessary to afford relief;
(5) That the public interest ~ff~tlo~ubstantial detrimental effect; .
(6) That the public rights. t;1gation and use of the shorelines will not be
adversely affected by the g'i::fnting of the variance when the proposal is for
development located waterward of the ordinary high water mark, or within
wetlands, estuaries, marshes, bogs or swamps; and
(7) That consideration has been given to the cumulative effect of like actions in
an area where similar circumstances exist, and whether this cumulative effect
would be consistent with shoreline policies or would have substantial adverse
effects on the shoreline.
(d) Shoreline variances may not be used to permit a use that is specifically
prohibited in an environment, or to vary uses permitted within an environmental
designation. (Ord. No. 90-38, S 1 (24.60.1 0 - 24.60.40), 2-27-90; Ord. No. 97-291,
S 3, 4-1-97; Ord. No. 98-323, S 3, 12-1-98; Ord. No. 99-355, S 3, 11-16-99)
18472-178 Conditional uses.
(a) The purpose of the GS2onditional use permits is to provide greater flexibility
in varying the application of the use regulations of the shoreline master program in
a manner which will be consistent with the policies of Chapter 90.28 RCW,
particularly where denial of the application would thwart the policies of the
Shoreline Management Act.
(b) When a conditional use is requested, the substantial development permit
and the conditional use shall be reviewed under the provisions of process IV,
FWCC 22-431 et seq., and the hearing examiner shall be the final approval
authority for the City of Federal Way. The Department of EcoloQY shall be the final
approval authority under WAC 173-27-200.
(c) Conditional uses have uniquf3 and special characteristics which require a
special degree of control to make the uses compatible with other existing or
Page 49 of 51
City of Federal Way SMP - Article 1/1. Shoreline ManaQement - Draft Requlations
March 21,2007
permitted uses in the same environment, and to assure that the use is in the public
interest. In authorizing a conditional use permit, special conditions may be
attached to the permit by the hearing examiner to prevent undesirable effects or
mitigate environmental impacts of the proposed use.
(d) Conditional use permits shall be authorized only when they are consistent
with the following criteria:
(1) The proposed use is consistent with the policies of RCW 90.58.020 and the
policies of the master program;
(2) The use will not interfere with normal public use of 5urf3ce w3torspublic
shorelines;
(3) The use will cause no unreasonable adverse effects on the shoreline or
surrounding properties or uses, and is compatible with other permitted uses in the
area;
(4) The public interest will suffer no substantial detrimental effect;
(5) Consideration has been given to cumulative impact of additional request~
for like actions in the area.
(e) Other uses not set forth in the shoreline master program may be authorized
through a conditional use permit if the applicant caA1'd1emonstrate that other uses
are consistent with the ur ose of the shore!" ~\IiIr'onmental desi nation and
com atible with existin shoreline im rovthat extraordinary
circumstances preclude reasonable~~ .. i pro~erty; however, uses specifically
prohibit~d by the master progr. ~~ftk';l) < uthorized. (Ord. .No. 90-38, ~
1 (24.70.10 - 24.70.50), 2-27-9~" ~d~. 8-323, ~ 3, 12-1-98, Ord. No. 99-355, ~
3,11-16-99; Ord. No. 00-375, &1 j te-3-00)
~/
184+3-179 Final approval of shoreline permits.
(a) The director of community development shall notify the following agencies
or persons within five days of the final approval of a shoreline permit and any
variances or conditional uses granted: .
(1) The applicant;
(2) The State Department of Ecology;
(4~) Any person who has submitted written comments on the application;
(a1) Any person who has requested notification in writing prior to final approval
of the permit.
(b) No work may commence on a site requiring a shoreline permit until 21 days
following the date of filing of the shoreline permit by the State Department of
Ecology, and written notification has been received from the Department of
Ecology that the appeal period has been initiated. (Ord. No. 90-38, ~ 1 (24.80.1 0,
24.80.20),2-27-90; Ord. No. 98-323, ~ 3,12-1-98; Ord. No. 99-355, ~ 3,11-16-99)
18474-180 Combined hearing authority.
In those cases when development proposed in the shorelines may require a
public hearing under the authority of other chapters of this Code, the hearings may
be combined. (Ord. No. 90-38, ~ 1(24.90), 2-27-90; Ord. No. 98-323, ~ 3,12-1-98;
Ord. No. 99-355, ~ 3, 11-16-99)
Page 50 of 51
Citv of Federal Wav SMP - Article III. Shoreline ManaGement - Draft ReGulations
March 21 , 2007
18-181 Appeals.
All appeals of any final permit decision are qoverned by the procedures established in
RCW 90.58.180, RCW 90.58.140(6), and WAC 481-03, the rules and procedures of the
Shorelines Hearinq Board. All appeals of any final permit decision must be made to the
Shorelines Hearing Board within twenty-one (21) days after the City's final decision
concerninq the substantial development permit or formal approval to revisions of the
permit.
18-182 Permit Revisions.
(a) A permit revision is required whenever an applicant proposes substantive chanqes
to the design, terms or conditions of a project from that which was approved in the permit.
When a revision of a shoreline permit is souqht, the applicant shall submit detailed plans
and text describing the proposed changes in the permit and demonstratinq compliance
with the minimum standards pursuant to WAC 173-27-100.
(b) If the proposed changes are determined by the director to be within the scope and
intent of the ori inal ermit and are consistent wit e SMA RCW 90.58 the
Guidelines in WAC 173-26 and this SMP th n shall be a roved.
18~ 183 Replacement, alt1 ~ struction of nonconforming use
or development. t. ~\J
(a) Applications for SUbsta~ ,v lopment or building permits to modify a
nonconforming use or develop~ent may be approved only if:
(1) The modifications will make the use or development less nonconforming; or
(2) The modifications will not make the use or development more
nonconforming.
(b) An existinq use or development, not conforming to existing regulations,
which is destroyed may be replaced as it existed prior to destruction provided
application for required permits is made within one year of destruction.,
deterior;Jtcd, or d;Jmaged mora th3n 75 percent of its fair m3rket v31ue m3Y be
reconstructed only consistent with regulations set forth in this ;Jrticle. (Ord. No. 90-
38, ~ 1(24.100),2-27-90; Ord. No. 98-323, ~ 3,12-1-98; Ord. No. 99-355, ~ 3,11-
16-99 )
(c) An existinq mechanical improvement, not conforminq to existing regulations,
which breaks and cannot be repaired may be replaced, provided the replacement
is no more nonconforminq and application for required permits is made within one
year of failure.
18476-184 Shoreline environment redesignation.
Shoreline environments designated by the master program may be
redesignated by the city council upon finding that such redesignation will be
consistent with:
(1) The policies of Section 2 of the Shoreline Management Act of 1971.
(2) The goals, objectives and policies of the master program.
(3) The designation criteria of the shoreline environment designation requested.
(Ord. No. 98-323, ~ 3, 12-1-98; Ord. No. 99-355, ~ 3, 11-16-99)
Page 5l of 51
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