Council PKT 03-17-2009 Special/Regular
.~ Federal Way
AGENDA
MARCH 17,2009
FEDERAL WAY CITY COUNCIL
SPECIAL & REGULAR MEETING
Council Chambers - City Hall
www.citvoffederalwaV.com
SPECIAL MEETING - 5:30 P.M.
1. CALL MEETING TO ORDER
2. BUDGET CARRY FORWARD AND LONG RANGE PLANNING
3. EXECUTIVE SESSION
Potential Litigation RCW 42.30.110(1 )(i)
4. ADJOURN
REGULAR MEETING - 7:00 P.M.
1. CALL MEETING TO ORDER
2. PLEDGE OF ALLEGIANCE
3. PRESENTATIONS
a. Alma Bennett Open Space - Certificate of Renaming
b. Donation for K9 Vest from Ms. Ayako Gibb (PRHSPSC 3-10-2009) (page 4)
c. Donation for K9 Vest from Crestwood Animal Hospital (PRHSPSC 3-10-2009) (page 6)
d. City Manager Emerging Issues & Introduction of New Employees
4. CITIZEN COMMENT
PLEASE COMPLETE A PINK SLIP & PRESENT IT TO THE CITY CLERK PRIOR TO SPEAKING.
Citizens may address City Council at this time. When recognized by the Mayor, please come fOfWard to the
podium and state your name for the record. PLEASE LIMIT YOUR REMARKS TO THREE (3) MINUTES.
The Mayor may interrupt citizen comments that continue too long, relate negatively to other individuals, or
are othefWise inappropriate.
5. CONSENT AGENDA**
Items listed below have been previously reviewed in their entirety by a Council Committee of three members
and brought before full Council for approval; all items are enacted by one motion. Individual items may be
removed by a Councilmember for separate discussion and subsequent motion.
a. Minutes: March 3, 2009 Special and Regular Meetings (page 8)
b. On-Site Safe City Systems Maintenance and Support Agreement (FEDRAC 2-24-09)
(page 17)
City Council Agenda March 17, 2009 Special and Regular Meeting
Consent Agenda Continued...
'c. ORDINANCE: Amendments to the Code Regarding the City Center Multi-Family Tax
Exemption Provisions (FEDRAC 2-24-09, 1st Reading 3-3-09) (page 28)
d. Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert
Replacement Project- 100% Design Review and Request for Authorization to Bid
(LUTe 3-2-09) (page 38)
e. Interlocal Agreement with Federal Way Public School District for S. 308th St.
Memorial Stadium Driveway Improvements (To be constructed under Easter Lake
Flood Control Improvements Project) - Request Authorization to Execute Agreement
(LUTe 3-2-09) (page 42)
f. South 348th Street HOV Lanes - Project Acceptance (LUTe 3-2-09) (page 50)
g. NPDES 2009 Annual Report and SWMP (LUTe 3-2-09) (page 52)
h. 2008 Bulletproof Vest Partnership Grant (PRHSPSe 3-10-2009)(page 120)
i. Interagency Agreement with Seattle PD, W ASPC Grant, Gang Related Crime
(PRHSPSe 3-10-2009) (page 122)
j. Laurelwood Property Donation (PRHSPSe 3-10-2009) (page 128)
k. Forte Electric Retainage Release (PRHSPSe 3-10-2009) (page 132)
I. Federal Way Conference and Cultural Center (PRHSPSe 3-10-2009) (page 133)
6. COUNCIL BUSINESS
a. Commission Appointment: Independent Salary Commission (page 135)
b. City Center Access Project: Approval of Recommended Alternative (page 136)
c. Red Light Photo Enforcement Program - 3 month update (PRHSPSC 3-10-2009) (page
137)
d. Finalize Federal Way Neighborhood Stabilization Program (PRHSPSC 3-10-2009) (page
141)
e. 2009 Planning Commission and Long Range Work Program (LUTe 3-2-09) (page 190)
7. INTRODUCTION AND FIRST READING OF ORDINANCES
a. ORDINANCE: RV's in Residential Zones Code Amendments (LUTC 3-2-09) (page 197)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO ALLOWING TEMPORARY OCCUPANCY OF A
RECREATIONAL VEHICLE AT A RESIDENTIAL PROPERTY WHERE THE PRIMARY DWELLING UNIT HAS BEEN DAMAGED BY A DISASTER OR
ACCICENT AND DEEMED UNSAFE TO OCCUPY; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22 "ZONING," ARTICLEI"IN
GENERAL" SECTION 22-1 ; ARTICLE XIII "SUPPLEMENTARY DISTRICT REGULATIONS" SECTIONS 22-1112,22-1135,22-1177, AND 22-
1180.
b. ORDINANCE: Construction Hours Code Amendments (LUTC 3-2-09) (page 213)
AN ORDINANCE OF THE CITY COUNCIL OFTHE CITY OF FEDERAL WAY, WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER
22, ARTICLE XIII, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION 22-1006 RELATED TO DEVELOPMENT ACTIVITIES AND HEAVY
EQUIPMENT OPERATIONS (AMENDING ORDINANCE NOS. 90-43 AND 99-341).
c. ORDINANCE: Public Defense Standards and Acceptance of $20,000 Grant from
Washington State Office of Public Defense (page 222)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, ESTABLISHING STANDARDS FOR PUBLIC DEFENSE,
ADDING A NEW CHAPTER TO THE FEDERAL WAY REVISED CODE.
City Council Agenda March 17, 2009 Special and Regular Meeting
d. ORDINANCE: Adopting Clearing, Grading, and Tree and Vegetation Retention Code
Amendments (LUTC 2-23-09) (page 229)
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO FOREST PRACTICES REGULATIONS; ADDING
NEW SECTIONS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE XIII, DIVISION 7 [FWRC 19.120]
e. ORDINANCE: Adopting Code Amendments for Administration of Class IV-General
Forest Practices Applications (LUTC 2-23-09) (page 310)
AN ORDINANCE OF TH ECITY OF FEDERAL WAY, WASHINGTON, RELATING TO LAND MODIFICATION INCLUDING CLEARING, GRADING, AND TREE
AND VEGIT ATION RETENTION; AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTERS 20 AND 22, SECTIONS 20-83, 20-111, 20-154, 22-
1,22-33,22-1133,22-1561,22-1562,22-1563, 22-1564, 22-1569, 22-1570, 22-1634, 22-1635, AND 22-1638; ADDING NEW
SECTINOS TO CHAPTER 22 ARTICLE XIII, AND REPEALING SECTIONS 20-179, 20-186, 22-962, 22-1091,22-1092,22-1093,22-1094,
22-1095,22-1568.
8. CITY COUNCIL REPORTS
9. CITY MANAGER REPORT
10. EXECUTIVE SESSION
Potential Litigation RCW 42.30.110(1 )(i)
11. ADJOURNMENT
The Council may add items and take action on items not listed on the agenda.
i.l
**In an effort to "Think Green" 2.625 sheets of paper were saved by
eliminating duplicate copies of the Consent Agenda supporting documents.
City Council Agenda March 17, 2009 Special and Regular Meeting
COUNCIL MEETING DATE: March 17, 2009
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CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Ms. Ayako Gibbs
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department accept the K9 Vest
donation from Ms. Ayako Gibbs?
COMMITTEE: Parks, Recreation, and Public Safety Council Committee
MEETING DATE: March 10,2009
CATEGORY:
IZI Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REPORT By: Chief of Police Brian Wilson
Attachments:
1. PRHS&PS Memo
DEPT: Police Department
Options Considered:
1, Accept the donation
2. Do not accept the donation
STAFF RECOMMENDATION: Staff recommends Option 1,
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: J', W.kW)
Committee Council
Committee Member
OPOSED COUNCIL MOTION:
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
FROM:
March 10, 2009
Parks, Recreation, Human Services and Public Safety Council Committee
Neal J. Beets, City Manager
Brian J. Wilson, Chief of Police
SUBJECT: Ms. Ayako Gibbs
Background
Ms. Gibbs is 85 years of age and legally blind. She was widowed last year after being married for
60 years. She was hospitalized for a medical condition and when she returned home, she could
not find her dog. She called 911 for assistance. Officer Seth Hanson responded. He searched
her backyard and found her dog, deceased from a tragic accident. The dog was a well trained 5
year old Chow that Ms. Gibbs raised with her husband. The death of her pet was a great loss to
her. Lt. Sandy Tudor responded and assisted Officer Hanson in consoling Ms. Gibbs for several
hours.
Lt. Tudor and Officer Hanson took it upon themselves, off duty, to help Ms. Gibbs after the
incident occurred. They attempted to acquire a dog for her, but after consulting with her and her
adult son, decided that for many reasons, the timing was not right. Officer Hanson called Ms.
Gibbs several times over the next few weeks to show her he cared and to make sure she was
doing alright. Lt. Tudor visited Ms. Gibbs off duty and assisted in making arrangements for the
dog to be cremated and placed in a memorial container. Ms. Gibbs called Lt. Tudor and Officer
Hanson several times just to talk and cry over the loss of her pet.
Ms. Gibbs was so appreciative of the Police Department's support and the efforts of our Lt. and
Officer that she sent a thank you letter and a $500.00 donation to the Federal Way Police
Department. Ms. Gibbs is in complete support of adding her donation to our account for the
purchase of a K9 vest. She loves dogs and for her donation to go to the safety of our K9 makes
her extremely happy.
1
COUNCIL MEETING DATE: March 17,2009
ITEM #:~ .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
- Crestwood Animal Hospital - . t A V
cnur' I">
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department~ the K9 Vest
donation from Crestwood Animal Hospital?
SUBJECT:
COMMITTEE: Parks, Recreation, and Public Safety Council Committee
MEETING DATE: March 10,2009
CATEGORY:
rg] Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REPORT By: Chief of Police Brian Wilson
Attachments:
1. PRHS&PS Memo
DEPT: Police Department
Options Considered:
1. Accept the donation
2. Do not accept the donation
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL: ~
Co . e
COMMITTEE RECOMMENDATION: PRPS recommends Option l
DIRECTOR ApPROVAL: ..jj.LJ'}lM ,;pJ;;/JlJ f) WJi-, ~/7I1.);,tJ
Col111l1ittee Council
_.~r6~J;
Committee Chair
Committee Member
PROPOSED COUNCIL MOTION:
purchase of a K9 Vest. n.
to accept the Donation from Crestwood Animal Hospital for the
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
FROM:
March 10, 2009
Parks, Recreation, Human Services and Public Safety Council Committee
Neal J. Beets, City Manager
Brian 1. Wilson, Chief of Police
SUBJECT: Crestwood Animal Hospital K9 Vest Donation
Background
Crestwood Animal Hospital is the primary provider of veterinarian care for the Federal Way
Police K9 program. In early January, 2009, the employees of Crest wood initiated a fund raising
campaign to purchase a ballistic vest for K9 Fax, who is assigned to Officer Matt Novak.
Research shows that K9 teams are 16 times more likely to be involved in a shooting than other
officers due to the dangerous nature of the types of calls they track on. A K9 ballistic vest costs
approximately $2000.00 dollars and is custom fit to each K9. K9 ballistic vests are not a
regularly budgeted item for the K9 teams.
Officer Novak recently advised that Crestwood has raised in excess of $2000.00 and is ready to
make the presentation to the City of Federal Way to purchase a K9 ballistic vest for K9 Fax. I
request that the City accept this donation for the purchase of the vest at the March 1 ih City
Council Meeting.
1
COUNCIL MEETING DATE: March 17,2009
ITEM #:
Sa
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: CITY COUNCIL MEETING MINUTES
POLICY QUESTION: Should the Council approve the draft minutes of the March 3, 2009 Special and Regular
Meetings?
COMMITTEE: Not Applicable
MEETING DATE: Not Applicable
CATEGORY:
[8J Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~!~~:l.'.2~!.~Y.=..!.Y.l?t._1.PP!.~~~.~!.~........_
Attachments:
Draft meeting minutes of the March 3, 2009 Special and Regular City Council Meetings.
Options Considered:
1. Approve the minutes as presented.
DEPT:NotApplicabk
2. Amend the minutes as necessary.
STAFF RECOMMENDATION: Staff recommends approving the minutes as presented.
CITY CLERK ApPROVAL:
NIA
DIRECTOR ApPROVAL:
NIA
NIA
Council
Committee
Council
Committee
COMMITTEE RECOMMENDATION: Not Applicable
PROPOSED COUNCIL MOTION: "I MOVE APPROVAL OF THE MINUTES AS PRESENTED".
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
A Federal Way
MINUTES
March 3, 2009
FEDERAL WAY CITY COUNCIL
SPECIAL MEETING
Council Chambers - City Hall
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Dovey called the special meeting to order at 5:33 p.m.
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison,
Councilmembers Linda Kochmar, Jim Ferrell, Mike Park, Jeanne Burbidge and Dini
Duclos
Staff present: City Manager Neal Beets, City Attorney Pat Richardson, and City Clerk
Carol McNeilly.
2. PARK IMPACT FEE DISCUSSION
Assistant City Manager Cary Roe, introduced Randy Young, of Henderson & Young. Mr.
Young has been working with the City to review park mitigation options - specifically set
aside land and impact fees. Mr. Young reviewed the city's current requirements for set
aside land, and presented an analysis of where the city is in meeting that standard. The
current standard for parks set aside land is 2.8 acres per 1,000 residents. The city's
actual level of service is just below the standard at 2.6 acres per 1,000 residents.
Mr. Young discussed the laws associated with impact fees, a one time payment
associated with new development. Impact fees give the city flexibility to purchase land for
parks, rather than acquiring land has limited development options.
Mr. Young presented the following option for traditional subdivision housing that includes
both land set aside and impact fees.
Conservation
unspecified
IMPACT FEE
None
None
Impact Fee
(neighbor & comm.)
(credit for donation)
Impact Fee
(open space)
(credit for donation)
LAND TYPE
Buffer
Constrained
Useable not required
SET ASIDE
2%
2%
Donations allowed
Recreation
not required
Impact fee
City Council Minutes March 3, 2009 Special Meeting
Page 1 of2
Council and staff discussed the following questions:
1. Should level of service for park impact fees be measured in acres and number of
recreations facilities, or by the dollar value asset? The council supports whichever
program is easiest to administrator.
2. Should there be a single combined level of service for the total of all park land, or
separate levels of service for each element (Le., each type of park and each
recreation facility has its own level of service)?
Council supports whichever program is easiest to administrator. However, they
would like to retain flexibility for developers
3. Should the level of service for park impact fees be adopted standards or the
current actual level of service?
The council feels the current level of parks is satisfactory.
4. Should the impact fee for neighborhood and community parks replace the useable
land set aside requirement for traditional subdivisions in the current code?
The council directed staff to bring back additional information on this question for
further discussion.
5. Should the impact fee for open space parks and trails replace the conservation
land set aside requirement for traditional subdivisions in the current code?
Council directed staff to bring back information on the pros and cons of this item.
Mr. Roe stated staff will be discussing these questions with the Master Builders
Association and stakeholders group.
3. EXECUTIVE SESSION
Potential Litigation RCW 42.30.110(1 )(i)
Property Acquisition Pursuant to RCW 42.30.110(1 )(b)
The council recessed into Executive Session at 6:41 p.m. and reconvened at
6:50 p.m.
4. ADJOURN
Mayor Dovey adjourned the special meeting at 6:50 p.m.
ATTEST:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes March 3, 2009 Special Meeting
Page 2 of2
A, Federal Way
MINUTES
FEDERAL WAY CITY COUNCIL
REGULAR MEETING
Council Chambers - City Hall
March 3, 2009 - 7:00 pm
www.cityoffederalway.com
1. CALL MEETING TO ORDER
Mayor Dovey called the regular meeting to order at 7:05 p.m.
Councilmembers present: Mayor Jack Dovey, Deputy Mayor Eric Faison, Councilmembers
Linda Kochmar, Jim Ferrell, MikePark, Jeanne Burbidge and Dini Duclos.
Staff present: City Manager Neal Beets, City Attorney Pat Richardson, and City Clerk Carol
McNeilly.
2. PLEDGE OF ALLEGIANCE
Interim Parks Manager Steve Ikerd led the Pledge of Allegiance.
3. PRESENTATIONS
a. City Manager Emerging Issues & Introduction of New Employees
City Manager Neal Beets introduced Gina Shaw, the City's Recreation Coordinator of
Community and Inclusive Recreation Programs.
4. CITIZEN COMMENT
Carroll Fischer suggested the Council create a volunteer program and utilize volunteers for
various projects around the city.
John Sheller, Manager of Federal Way Regional Library provided a status report on the library
expansion project.
H. David Kaplan, Chair of Tourism and Enhancement Committee. He provided the deadlines
for tourism grant applications.
Betty Tavlor thanked Council and staff for being so responsive every time she shares her
concerns. She feels the Council and staff really cares about their citizens.
Daniel Miller Would like the city to focus on creating a better job environment that would attract
small businesses with light industrial jobs.
City Council Minutes - March 3, 2009 Regular Meeting
Page 1 of6
5. CONSENT AGENDA**
Items listed below have been previously reviewed in their entirety by a Council Committee of three
members and brought before full Council for approval; all items are enacted by one motion.
Individual items may be removed by a Councilmember for separate discussion and subsequent
motion.
a. Minutes: City Council February 17, 2009 Special & Regular meetings APPROVED
b. Monthly Financial Report: December 2008 APPROVED
c. Vouchers APPROVED
d. Ordinance: Churches and Design Guidelines (LUTC 2-2-09 First reading 2-17-09)
APPROVED Ordinance No. 09-604
e. Ordinance: Adult Family Homes, Social Services Transitional Housing, Day Care
and Home Occupation Code Amendments (LUTC 2-2-09 First reading 2-17-09)
PULLED AND APPROVED SEPARA TEL Y
f. Grant Funding for Transportation Projects (LUTC 2-23-09) APPROVED
g. Bid Award: 2009 Asphalt Overlay Project (LUTC 2-23-09) APPROVED
h. SCA TBD Agreement (LUTC 2-23-09) APPROVED
L Matching Grant from the AWC Employee Benefit Trust for Targeted Health Risks
(FEDRAC 2-24-09) APPROVED
j. L TAC Budget Approval (FEDRAC 2-24-09) APPROVED
k. Five-Year Report on the City Center Multi-Family Tax Exemption (FEDRAC 2-24-09)
APPROVED
I. Potential "Regional Center" Designation for EB-5 Visa Foreign Investment in City
Center (FEDRAC 2-24-09) APPROVED
m. Resolution: Supporting City Employee Wellness Program (FEDRAC 2-24-09)
APPROVED Resolution No. 09-541
Councilmember Duclos requested to pull item E. Ordinance: Adult Family Homes, Social Services
Transitional Housing, Day Care and Home Occupation Code Amendments and recused herself
from voting on this item.
MOTION: Deputy Mayor Faison moved to approve items A through D, and items F through
M. Councilmember Kochmar second.
VOTE: Motion carried 7-0
MOTION: Councilmember Kochmar moved approval of Item E. Ordinance: Adult Family
Homes, Social Services Transitional Housing, Day Care and Home Occupation Code
Amendments. Deputy Mayor Faison second.
VOTE: Motion carried 6-0. Council member Duclos recused. Ordinance No. 09-605
6. COUNCIL BUSINESS
a. Council Rules Amendments
City Attorney Pat Richardson reviewed the proposed amendments to the Council Rules.
The amendments are related to Insurance requirements on rental vehicles and Committee
appointment procedures. Council discussed the proposed amendments.
MOTION: Faison moved approval, Councilmember Burbidge second.
VOTE: Motion carried 7-0.
b. Federal Lobbvist Professional Services Aqreement (FEDRAC 2-24-09)
Communications and Government Affairs Manager, Linda Farmer provided a summary of the
proposed lobbying contract. Councilmember Kochmar stated that it is virtually impossible to receive
City Council Minutes - March 3, 2009 Regular Meeting Page 2 of 6
Federal Funding without the assistance of a lobbyist.
Councilmembers Ferrell, Duclos and Burbidge stated they would also like to see the city work
directly with their local Congressional Representatives. Deputy Mayor Faison recused himselffrom
voting on this item.
MOTION: Councilmember Park move to approve the contract with Strategies 360.
Council member Duclos second.
VOTE: Motion carried 6-0. Deputy Mayor Faison recused.
c. Council Annual Retreat Report Approval
City Manager Neal Beets reported the Council conducted their annual retreat on January 31,2009.
Mr. Beets reviewed the report that facilitator Michael Pendleton provided, including
accomplishments from 2008, and goals established for 2009.
MOTION: Deputy Mayor Faison moved to approve the Council retreat summary.
Councilmember Burbidge Second.
VOTE: Motion carried 7-0.
d. City Center Access Proiect Update & Approval of the Recommended Alternative
Senior Traffic Engineer Maryanne Zukowski, provided a synopsis of the project and reviewed
the need to improve traffic flow into the city. The Council reviewed fifteen options for the project
and selected three for staff to investigate further. Ms. Zukowski reviewed each of the three
options along with the impacts each option would have on residents and the environment.
The city began working on this project in 2003. Since then they have conducted six open house
events and ten community briefings to share information and solicit public comments. Ms.
Zukowski reviewed the comments and concerns the city has received from residents.
Ms. Zukowski stated that staff is recommending that Council approve option 1 and summarized
the project details including timelines, environmental assessment, and right of way acquisition.
Public Comment on City Center Access Project
The following comments were submitted for the City Clerk to read into the record.
Carol Otto does not support the 312th option.
Joe Staab supports the 312th option.
Debbie Willis supports the 312th option.
Calvin Castle does not support the 324th option.
Robert Hester support the 31ih option.
The following residents provided public comment at the meeting:
Jennv Bemis spoke against the 31ih option. She does not support development in Steel Lake.
Lori Hadedorn spoke against the 312th option. She would like to be included on the advisory board
for this project.
City Council Minutes - March 3, 2009 Regular Meeting
Page 3 016
Gary Anderson stated his home will be purchased if the 312th option is approved. He asked
Council to purchase homes when the development option is selected, rather than leave
homeowners in limbo for years.
Susan Pearson is here to advocate for preserving Steel Lake Park. She does not support the 31 ih
option and encouraged Council to select an alternate access another option for access to the city
center.
Bill Linehan spoke against the 312th option. He does not support development through Steel Lake
Park.
Mary Amberson has lived next to Steel Lake Park for 50 years. She does not support the 31ih
option or development that would affect Steel Lake Park.
Jove Honevcutt spoke against the 312th option.
Richard Amberson is a 50-year resident of Federal Way who does not support the 31ih option.
Robert Yount He spoke against the 31 ih option. However if Council does select it, he recommends
alternate access to Steel Lake Park is provided.
Julie Vance has lived in Federal Way for 56 years. Ms. Vance spoke against the 312thoption.
Fred Searles is a Steel Lake resident who does not support the 31ih option.
Carroll Fischer Spoke against the 312th option. There will be noise and air quality issues.
John Pearson Steel Lake resident since 1970. Spoke against the 312th option. He is concerned
with traffic volume and speed, air quality issues.
H. David Kaplan: Member of public stakeholders on this project. Numerous issues need to be
discussed publically before the Council should take action on this project.
Deanna Riddle: Spoke against the 31ih option. She encouraged the council to put community
before traffic.
Mayor Dovey thanked everyone for attending the meeting and providing their public comments.
Councilmembers discussed the staff presentation and asked questions regarding a funding
timeline, park mitigation, pedestrian access and more. Councilmembers stated their concerns with
traffic issues and potential crime activity.
MOTION: Deputy Mayor Faison moved to suspend the Council rules and extend meeting
past 10:00 p.m. Councilmember Duclos second.
VOTE: Motion carried 7-0.
Councilmembers Ferrell, Kochmar and Duclos stated they are not ready to take action on this
item. Deputy Mayor Faison feels the 312th option is best for all of the residents. Mayor Dovey
asked the Council to submit their questions to staff so they can
MOTion: Councilmember Duclos moved to postpone this item for two weeks. Deputy
Mayor Faison second.
City Council Minutes - March 3, 2009 Regular Meeting
Page 4 of6
VOTE: Motion carried 7-0.
7. INTRODUCTION AND FIRST READING OF ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL FO THE CITY OF FEDERAL WAY, WASHINGTON, LIMITED
PROPERTY TAX EXEMPTION; AMENDING ARTICLE VII (7), CHAPTER 14, MULTIFAMILY DWELLING UNIT
LIMITED PROPERTY TAX EXEMPTION (ORDINANCE No. 03-380).
City Clerk Carol McNeilly read the Ordinance title into the record.
MOTION: Deputy Mayor Faison moved to forward the Ordinance to a second reading for
enactment on the March 17, 2009 consent agenda. Council member Burbidge second.
VOTE: Motion carried 7-0.
8. CITY COUNCIL REPORTS
Councilmember Duclos had no report.
Councilmember Burbidge reported on upcoming meetings and community events, as well as the
Waste Watch Program, where Waste Management Drivers get training to be aware of suspicious
activity and report it to the police.
Councilmember Park reported on the upcoming Chamber of Commerce meeting.
Councilmember Ferrell reported on meetings he had recently attended and recent legislative
testimony he provided.
Councilmember Kochmar reported that the PSRC would be voting on W A Transportation
Project stimulus projects.
Councilmember Faison had no report this evening.
Mayor Dovey reported that he attended the first meeting of SCORE representatives.
9. CITY MANAGER REPORT
Mr. Beets reported that two national businesses have located in Federal Way. These
businesses are looking to fill over 200 jobs.
Mr. Beets reported the Council would be adjourning into Executive Session to discuss Potential
Litigation per RCW 42.30.110(1 )(i) and Property Acquisition Pursuant to RCW 42.30.110(1 )(b)
for approximately 10 minutes.
10. EXECUTIVE SESSION
The Council recessed to Executive Session at 10:24 p.m. and reconvened in Open Session at
10:53 p.m.
City Council Minutes - March 3, 2009 Regular Meeting
Page 5 of6
11. ADJOURNMENT
With no additional business before the Council, Mayor Dovey adjourned the regular meeting at
10:53 p.m.
ATTEST:
Carol McNeilly, CMC, City Clerk
Approved by Council:
City Council Minutes - March 3, 2009 Regular Meeting
Page 60f6
COUNCIL MEETING DATE: March 17,2009
.................h....~...........m...............h ..................................................... ...........................................................................................
ITEM#: 5.b.
..........................................................._....... mm...._..........._....._......_..._.~.. ............................__.....
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ON-SITE SAFE CITY SYSTEMS MAINTENANCE AND SUPPORT AGREEMENT
POLICY QUESTION: Should Council approve onsite maintenance and support services agreement with Safe City?
COMMITTEE: FEDRAC
MEETING DATE: February 24,2009
CATEGORY:
IZI Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~.~ RE~2~:!' BY:...M~!1:di ~l:l:.~.?..!.I!.?~~~.~!or
DEPT: Information Technology
ATTACHMENTS: Draft agreement between the City of Federal Way and Safe City Federal Way.
SUMMARYIBACKGROUND: The City of Federal Way is a member of Safe City Federal Way, an IRC 501(c)(3)
non profit organization (SCFW). The City utilizes a system installed by Lensec LLC containing 21 cameras, network
equipment, and server & storage devices.
Almost all this equipment is installed on the City's street poles and in City Hall. The ongoing maintenance and support
of these systems includes remote and onsite services originally to be provided by Lensec. However, during the project
implementation, Lensec preferred to utilize the King County Traffic Maintenance services for installation because it
was the most cost effective service.
Furthermore, Lensec and Safe City agreed it is best to separate the onsite and remote systems maintenance with
Lensec providing the remote services and City of Federal Way providing the onsite services. The attached agreement
sets the terms, compensation, and other roles and responsibilities for each entity.
OPTIONS:
1. Approve the staff recommendation to provide onsite maintenance and support for Safe City as identified in
the attached agreement and forward to the March 17,2009 City Council Consent Agenda.
2. Deny approval of onsite maintenance and support for Safe City as identified in the attached agreement and
provide staff with further direction.
CITY MANAGER APPROVAL:
DIRECTOR ApPROVAL:
COMMr~CIt~NDATION:
Mike Park, Committee Chair
PROPOSED COUNCIL MOTION: "] move approval o/the Committee recommendation to accept Option D. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND
SAFE CITY FEDERAL \V A Y
This Agreement ("Agreement") is entered into by and between the City of Federal
Way, a Washington municipal corporation ("City"), and the Safe City Federal Way, an
IRC 501(c)(3) nonprofit corporation ("SCFW"). The City and the SCFW shall
collectively be referred to as the "Parties".
WHEREAS, the Parties previously entered into an Agreement ("SafeCity Program
Agreement")to create a cooperative arrangement between the Parties to fund, create,
operate, and administer a SafeCity Program which included a system of a network of
wired and wireless video surveillance equipment within the City of Federal Way
monitored in real time by the City of Federal Way and/or authorized SCFW personnel to
deter and investigate criminal activities, respond to emergencies, and maintain traffic
safety; and
WHEREAS, the Parties desire the City of Federal Way provide certain support and
service for the SafeCity Program.
I. PURPOSE.
The purpose of the Agreement is for the City of Federal Way to provide certain
support and service for the SafeCity Program in exchange for compensation.
2. TERM.
The initial term of this Agreement shall be in force for a period offive (5) years
unless terminated pursuant to section 5 of this agreement. The agreement shall be
automatically renewed for subsequent 10 year periods unless terminated pursuant to
section 6 ofthis Agreement. This Agreement shall terminate automatically if the SafeCity
Program Agreement terminates.
3. DUTIES AND RESPONSIBILITIES.
The City will provide Services as described in Exhibit A to this agreement.
4 COMPENSATION/FINANCING.
In consideration of the Duties and Responsibilities, SCFW agrees to pay Twenty
Eight Thousand and 00/100 Dollars ($28,000.00) to the City. The payment shall be made
within 30 days after execution of this Agreement and within 30 days of Final Acceptance
of the System, with subsequent payments made by the anniversary date of the Final
Acceptance of the System described in the SafeCity Program Agreement of each year.
5 TERMINATION
AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND SAFE CITY FEDERAL WAY
5.1 For Cause: The City may terminate this Agreement ifSCFW is in material
breach of any terms of this Agreement, and such breach has not been corrected within
fifteen (15) days from notice of breach. For purposes of this subsection, a material
breach is defined as a failure to comply with the duties or obligations contained in the
paragraphs of this Agreement.
5.2 For Parties' Convenience: Either Party may terminate this Agreement without
cause, upon one hundred and eighty (180) days advance written notice.
5.3 Dissolution: This Agreement shall be deemed terminated immediately if
SCFW dissolves, becomes insolvent, makes a general assignment for the benefit of
creditors, suffers or permits the appointment of a receiver for its business or assets,
becomes subject to any proceeding under any bankruptcy or insolvency law whether
domestic or foreign, or is wound up or liquidated, voluntarily or otherwise.
5.4 Notice: The City is not required to provide advance notice of termination
except as otherwise specifically provided in this section. Notwithstanding, the City may
issue a termination notice with an effective date later than the termination notice itself. In
such case, SCFW shall continue to provide products and services as required by the City
until the effective date provided in the termination notice.
5.5 Effects of termination: In the event of termination of the Agreement; SCFW
shall transfer all of the Equipment, all funds designated for the Program, and all of
SCFW's other property and assets to the City of Federal Way. Termination shall not alter
the obligations of the Parties undertaken prior to termination.
6 ADMINISTRATION AND CONTACT PERSONS.
The Parties stipulate that the following persons shall be the administrators of this
Agreement and shall be the contact person for their respective jurisdiction. All notices
shall be sent in writing to these persons. The parties may change this information at any
time by written notice to the other party. .
City of Federal Way:
SCFW:
Neal Beets
City of Federal Way
33325 8th Avenue South
P.O. Box 9718
Federal Way, W A 9-8003-9718
Tom Pierson, Chairperson
Safe City Federal Way
P.O. Box
Federal Way, W A 98003-9718
7 INDEMNIFICATION.
AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND SAFE CITY FEDERAL WAY
8.1 SCFW Indemnification. The SCFW agrees to indemnify and hold the
City, its elected officials, officers, employees, agents, and volunteers harmless from any
and all claims, demands, losses, actions and liabilities (including costs and all attorney
fees) to or by any and all persons or entities, including, without limitation, their
respective agents, licensees, or representatives, arising from, resulting from, or connected
with this Agreement or connected with any of the employment agreements contemplated
by this Agreement to the extent caused by the negligent acts, errors or omissions of the
SCFW, its employees, or agents.
8.2 City Indemnification. The City agrees to indemnify and hold the SCFW,
its elected officials, officers, employees, agents, and volunteers harmless from any and all
claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or
by any and all persons or entities, including, without limitation, their respective agents,
licensees, or representatives, arising from, resulting from, or connected with this
Agreement to the extent caused by the negligent acts, errors or omissions of the City, its
employees or agents.
8.3 Survival. The provisions of this Indemnification Section shall survive the
expiration or termination of this Agreement with respect to any event occurring prior to
such expiration or termination.
8 BOOKS AND RECORDS.
The records and documents maintained by SCFW with respect to all matters
covered by this Agreement shall be subject to audit by the City during the term of this
contract and three (3) years after termination. Recordings of surveillance will remain
solely in the possession of the City except as required to deter and investigate criminal
activities, respond to emergencies, and maintain traffic safety or as required under the
Public Records Act.
9 COMPLIANCE WITH LAWS.
Each party accepts responsibility for compliance and will comply with federal,
state, or local laws and regulations.
10 NON-DISCRIMINATION.
In all contractor services, programs or activities, and all hiring and employment made
possible by or resulting from this Agreement, the SCFW shall abide by all federal, state,
and local laws prohibiting discrimination.
12 MISCELLANEOUS PROVISIONS.
12.1. Entire Agreement. This Agreement contains all of the agreements of the
Parties with respect to any matter covered or mentioned in this Agreement and no prior
agreements shall be effective for any purpose.
AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND SAFE CITY FEDERAL WAY
12.2. Records. Any of either Party's records related to any matters covered by
this Agreement not otherwise privileged shall be subject to inspection, review, and/or
audit by either party at the requesting party's sole expense.
12.3. Amendments. No provision of this Agreement may be amended or
modified except by written agreement signed by the Parties.
12.4.' Severability. If one or more of the clauses of this Agreement is found to
be unenforceable, illegal, or contrary to public policy, the Agreement will remain in full
force and effect except for the clauses that are unenforceable, illegal, or contrary to public
policy.
12.5. Assignment. Neither Party shall have the right to transfer or assign, in
whole or in part, any or all of its obligations and rights hereunder without the prior
written consent of the other Party.
12.6. Successors in Interest. Subject to the foregoing Subsection, the rights and
obligations of the Parties shall inure to the benefit of and be binding upon their respective
successors in interest, heirs, and assigns.
12.7. Dispute Resolution. The Parties should attempt if appropriate use a formal
dispute resolution process such as mediation, through an agreed upon mediator and
process, if agreement cannot be reached regarding interpretation or implementation of
any provision of this Agreement. All costs for mediation services would be divided
equally between the Parties. Each jurisdiction would be responsible for the costs of their
own legal representation.
12.8. Attorneys' fees. In the event either of the Parties defaults on the
performance of any terms of this Agreement or either Party places the enforcement of this
Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own
attorneys' fees, costs and expenses.
12.9. No waiver. Failure of e!ther Party to declare any breach or default
immediately upon the occurrence thereof, or delay in taking any action in connection
with, shall not waive such breach or default.
12.10. Applicable Law. Washington law shall govern the interpretation of this
Agreement. King County shall be the venue of any arbitration or lawsuit arising out of
this Agreement.
12.11. Authority. Each individual executing this Agreement on behalf of either
Party represents and warrants that such individuals are duly authorized to execute and
deliver the Agreement on behalf of such Party.
AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND SAFE CITY FEDERAL WAY
12.12. Notices. Any notices required to be given by the Parties shall be delivered
at the addresses set forth above in Section 6. Any notices may be delivered personally to
the addressee of the notice or may be deposited in .the United States mail, postage
prepaid, to the addresses set forth above in Section 6. Any notice so posted in the United
States mail shall be deemed received three (3) days after the date of mailing.
12.13. Performance. Time is of the essence of this Agreement and each and all
of its provisions in which performance is a factor.
12.14. Equal Opportunity to Draft. The Parties have participated and had an
equal opportunity to participate in the drafting of this Agreement. No ambiguity shall be
construed against any party upon a claim that that party drafted the ambiguous language.
12.15. Third Party Beneficiaries. This Agreement is made and entered into for
the sole protection and benefit of the parties hereto. No other person or entity shall have
any right of action~r interest in this Agreement based on any provision set forth herein.
12.16. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an' original and with the same effect as if all
Parties hereto had signed the same document. All such counterparts shall be construed
together and shall constitute one instrument, but in making proof hereof it shall only be
necessary to produce one such counterpart. The signature and acknowledgment pages
from such counterparts may be assembled together to form a single instrument comprised
of all pages of this Agreement and a complete set of all signature and acknowledgment
pages. The date upon which the last of all of the Parties have executed a counterpart of
this Agreement shall be the "date of mutual execution" hereof.
WHEREOF, this Agreement is executed as of the date of mutual execution
hereof.
THE CITY:
CITY OF FEDERAL WAY, a
Washington municipal corporation:
By:
Its: City Manager
Dated this _ day of
,2008
ATTEST:
City Clerk, Laura Hathaway, CMC
AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND SAFE CITY FEDERAL WAY
APPROVED AS TO FORM:
City Attorney, Patricia A Richardson
SAFE CITY:
SAFE CITY FEDERAL WAY, a
nonprofit corporation:
BY~
Its: Authorized Officer
Dated this 2-1- da y of :J t "V( ') , 20C!(
STATE OF WASHINGTON)
) ss.
COUNTY OF )
On this day personally appeared before me , to me
known to be the of SAFE CITY FEDERAL WAY that
executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he/she was authorized to execute said instrument and
that the seal affixed, if any, is the corporate seal of said corporation.
GIVEN my hand and official seal this
day of
200 .
(typed/printed name of notary)
Notary Public in and for the State of Washington.
My commission expires
K:\agreement\Safe Cityagreement
AGREEMENT BETWEEN THE CITY OF FEDERAL WAY
AND SAFE CITY FEDERAL WAY
Exhibit A
Duties and Responsibilities
On-Site Service
I. Service Plan.
1.1. General. City of Federal Way agrees to provide Safe City Federal Way with the Support &
Services as more fulIy described in this Exhibit. Safe City Federal Way must purchase and maintain a
Remote Diagnostics and Software Support Plan with Lensec or similar entity. If Safe City Federal Way
does not, the City of Federal Way is not obligated to provide any support or services under this agreement.
1.2. On-Site Service Plan. City of Federal Way wi1l not charge for labor at or travel time to Safe
City Federal Way's Designated Location(s). Safe City Federal Way shaII pay for all parts and replacement
equipment needed for repairs hereunder. City of Federal Way shaII only invoice Safe City Federal Way for
all such parts or replacement equipment, if applicable. Unless otherwise designated on the Statement of
Work, the performance of City of Federal Way's On-Site Service Plan is limited to Safe City equipment. If
in order to perform the On-Site Service Plan, City of Federal Way's personnel are required to update,
modify, remove, instalI, alter or improve any hardware, software or other materials not originally part of
the Safe City equipment, Safe City Federal Way will pay City of Federal Way for such labor at City of
Federal Way's then published rates, as modified from time to time. Notwithstanding the foregoing, in no
event will City of Federal Way be obligated to perform anyon-site service under an On-Site Service Plan if
the problem can be remotely fixed under a Remote Diagnostics and Software Support Plan. Safe City
Federal Way hereby grants City of Federal Way access to the Products at Safe City Federal Way's
facilities, including, without limitation, the Designated Location(s). City of Federal Way service extension
for on-site service plan can be provided on annual basis based on mutual agreement
1.3 Additional Services. In addition to the other obligations of City of Federal Way stated in this
Agreement or specified in the Statement of Work, City of Federal Way shall render and perform such other
services as the parties may mutually agree to at City of Federal Way's then current hourly rates, unless
otherwise agreed to in writing by the parties.
2. Limited Warranty. City of Federal Way represents and warrants that it has the requisite training, skill
and experience necessary to provide the Support & Services and is appropriately accredited and licensed by
all applicable agencies and governmental entities, and the Support & Services wi II be performed in a
professional and workmanlike manner. Work performed will conform to the OEM requirements. Standard
manufacturer warranty will apply to all products, and will commence at the time of final acceptance. City
of Federal Way warranties any installation to the original purchaser to be free from defects in material and
workmanship under normal use during the warranty period.
2.1. On-Site Services. City of Federal Way warrants that during the term of the On-Site Services
Plan, (i) such services wi1l substantially conform to the description of such services as stated in this
Agreement, and (ii) the services will be performed in a good and workmanlike manner. If Safe City Federal
Way notifies City of Federal Way that a service is not in conformance with this limited warranty during the
applicable service plan term, City of Federal Way wi1l, without charge to Safe City Federal Way (i) re-
perform the service so that it confonns to this limited warranty, or (ii) at the sole discretion of City of
Federal Way, return Safe City Federal Way's payment for that portion of the service and terminate a1l other
obligations under this Agreement as to that specific service, with such remedy being the sole and exclusive
remedy of Safe City Federal Way for breach of this warranty.
2.2. Warranty Disclaimer. Except as otherwise expressly described in this Section 2, City of
Federal Way makes no representations or warranties, either verbal or written, expressed or implied,
regarding any matter, including the merchantability, suitability, originality, fitness for a particular use or
pwpose, or results to be derived from the use, of any technology service, software, hardware, or other
materials provided under this agreement, or that the operation of any such service, software, hardware or
other materials will be uninterrupted or error-free. Safe City Federal Way shall pay the cost of removing
and shipping any Products to City of Federal Way for repair or replacement and for shipment and
installation of a repaired or replacement Product to Safe City Federal Way. In all events, Safe City Federal
Way assumes risk of loss of the products during transit and City of Federal Way assume.s no responsibility
for any delays, losses or damages to products in transit. To the fullest extent permitted by applicable law
and except as expressly provided in this agreement or the statement of work, City of Federal Way
specifically disclaims any and all warranties, express or implied, in fact or by operation of law or
otherwise, contained in or derived from this agreement, the statement of work, any order or in any other
materials, brochures, presentations, samples, models or other documentation or communications, whether
oral or written, including, without limitation, implied warranties of merchantability, title, non-infringement
or fitness for a particular purpose or otherwise, which would extend beyond the warranties expressly
contained herein. City of Federal Way does not warrant that the operation of the products will be error free
or uninterrupted.
(a) Warranty Exceptions: In addition to other items not covered by the limited warranties
contained in this Section 2, the following issues are not covered by such limited warranties: (i) any
software, including, without limitation, the operating system and software added to the Products without
approval by City of Federal Way, (ii) any hardware not supplied or approved by City of Federal Way to
Safe City Federal Way under this Agreement, or (iii) problems resulting from: (I) external causes such as
accident, abuse, misuse, faulty electrical power or other causes beyond the control of City of Federal Way,
(2) any servicing not authorized by City of Federal Way, (3) usage not in accordance with the applicable
specifications, (4) Safe City Federal Way's failure to follow the applicable specifications, except to the
extent that indoor nodes are used in outdoor settings, (5) usage of accessories, parts or components not
supplied by City of Federal Way or modifications to the Products not made or authorized in writing by City
of Federal Way, except to the extent that indoor nodes are used in outdoor settings, or (6) Safe City Federal
Way's non-compliance with the Temperature, Ventilation and Humidity Requirements. City of Federal
Way reserves the right to condition performance of warranty services upon an inspection of the relevant
facilities at the Designated Location(s) except to the extent that indoor nodes are used in outdoor settings.
(b) Safe City Federal Way Duties: Safe City Federal Way acknowledges and agrees that
notwithstanding anything contained herein to the contrary, City of Federal Way shall not be obligated to
perform any Support & Services hereunder, and the limited warranties contained herein shall not apply,
until Safe City Federal Way has: (I) reported to City of Federal Way the number of cameras not providing
an image on Safe City Federal Way's monitors, (2) confmned that power is available and being provided to
each Product, (3) confmned that Safe City Federal Way has working access to its internal network, and (4)
confirmed that Safe City Federal Way has working access to the Internet. If City of Federal Way has to
perform any of the items set forth in the preceding sentence and the problem(s) with the Products are not
covered by the limited warranties contained herein, then Safe City Federal Way will be obligated to pay to
City of Federal Wayon a time and materials basis for the performance of any such four items set forth in
the preceding sentence. In the event that power is not available or being provided to each Product or Safe
City Federal Way does not have working access to the Internet or its internal network, then City of Federal
Way will not be obligated to perform any Support & Service hereunder until Safe City Federal Way has
remedied its power, Internet or internal network problems.
3. Limitation of Liabilitv. Safe City Federal Way agrees that regardless of the claim or other form in
which any legal or equitable action may be brought by Safe City Federal Way against City of Federal Way
(or its successors or assigns) and/or its affiliates and their respective officers, directors, members,
shareholders, representatives, agents, subcontractors and employees (each a "City of Federal Way party"
and collectively, the "City of Federal Way parties") that none of the City of Federal Way parties shall be
liable for any in direct, special, incidental, consequential, exemplary or punitive damages, including,
without limitation, loss of profits, revenue, promotional expenses, injury to reputation or loss of Safe City
Federal Ways. Safe City Federal Way's recovery from the City of Federal Way parties or any of them for
any claim -in any way arising from or related to the products or this agreement shall not in the aggregate
exceed the lesser of (i) the quoted price for the products or (ii) the amount actually paid to City of Federal
Way by Safe City Federal Way for the products irrespective of the nature of the claim, whether in contract,
tort, warranty, strict liability, product liability or otherwise and whether arising in whole or in part from the
negligence of any City of Federal Way party.
4. Indemnification_ Parties hereby agree, without limitation and without regard to thecause or. causes
thereof, to release, defend, indemnify and hold each other harmless from and against any and all suits,
claims, actions, demands, causes of action, arbitration, mediations, proceedings, losses, damages, liabilities,
judgments, fines, fees, penalties and expenses (including, without limitation, reasonable attorneys' fees): (i)
arising from, based upon, related to or associated with the actual or alleged violation of the privacy rights
of any individual or individuals (or any applicable law related thereto) in connection with the products, a
party's use thereof, or a party's performance under this agreement, or (ii) caused solely by the negligence
or willful misconduct of such party, its agents, affiliated corporations, officers, officials, employees,
volunteers, or lower tier subcontractors, (hereinaf:ter tortfeasors), arising out of or in connection with the
performance of this agreement If the negligence or willful misconduct of more than one party or its
tortfeasors is a cause of such claims then the liability shall be shared between parties in proportion to the
relative degree of negligence or willful misconduct between such parties and such proportion shall apply to
the rights of indemnity and defense. City of Federal Way waives any immunity that may be granted to it
under the washington state ind~trial insurance act, title 51 RCW. City of Federal Way's indemnification
shall not be limited in any way by any limitation on the amount of damages, compensation or benefits
payable to or by any third party under workers' compensation acts, disability benefit acts or any other
benefits acts or programs. The provisions of this section shall survive the expiration or termination of this
agreement with respect to any event occurring prior to such expiration or termination.
5. Access. Notwithstanding anything contained in this Agreement or the Statement of Work to the contrary,
Safe City Federal Way acknowledges and agrees that City of Federal Way will not be obligated to perform
any service under a an On-Site Service Plan in the event thatSafe City Federal Way does not grant City of
Federal Way remote access to the Products or the live or archived images resulting from the Products at
Safe City Federal Way's facilities, including, without limitation, the Designated Location{s). If City of
Federal Way is not granted remote access to the Products or the live or archived images resulting from the
Products within twenty (20) days from Safe City Federal Way's receipt of City of Federal Way's written
request for such remote access, then City of Federal Way may, at its sole option and witho_ut incurring any
liabilities, terminate the On-Site Service Plan without any refunds to Safe City Federal Way. In the event
that City of Federal Way terminates an On-Site Service Plan, then the provisions of Section 1.2 above shall
apply with respect to the repair, replacement, support and/or servicing of the Products. Safe City Federal
Way hereby agrees, without limitation (and without regard to the cause or causes thereof, to release,
defend, indemnify and hold each of the City of Federal Way parties harmless from and against any and all
suits, claims, actions, demands, causes of action, arbitrations, mediations, proceedings, losses, damages,
liabilities, judgments, fines, fees, penalties and expenses (including, without limitation, reasonable
attorneys' fees) arising from, based upon, related to or associated with any and all circumstances or events
occurring during any time period that City of Federal Way was not granted remote access to the products or
the live or archived images resulting from the products.
6. Termination. Tennination shall only occur pursuant to the provisions of this section. If Safe City
Federal Way fails to perform any material obligation-under this Agreement within fourteen (14) days after
written notice from City of Federal Way specifying such failure, City of Federal Way may tenninate this
Agreement by written notice to Safe City Federal Way; provided that upon the occurrence of the same or a
similar failure twice during any six-month period, City of Federal Way may immediately terminate this
Agreement by written notice without providing the above notice and opportunity to cure. In the event of
tennination of this Agreement by Safe City Federal Way prior to the expiration of all of the Support &
Service plans purchased by Safe City Federal Way hereunder, Safe City Federal Way shall immediately
pay to City of Federal Way all amounts outstanding for any Support & Services rendered by City of
Federal Way hereunder prior to Safe City Federal Way's tennination of this Agreement, provided that City
of Federal Way expressly reserves any and all rights (at law or in equity) that it may possess in connection
with Safe City Federal Way's early tennination of this Agreement, except as otherwise provided in this
Agreement If City of Federal Way fails to perform any material obligation under this Agreement within
fourteen (14) days after written notice from Safe City Federal Way specifying such failure, Safe City
Federal Way may tenninate this Agreement by written notice to City of Federal Way. If the total cost of
City of Federal Way Support & Services provided at the effective date of termination is less than the
amount previously paid by Safe City Federal Way, City of Federal Way shall refund the excess within 30
days.
7. Relationship and City of Federal Way Oblh?:ations. City of Federal Way will perform the Support &
Services as an independent contractor and nothing in this Agreement shall be deemed or construed to create
a partnership, joint venture or agency relationship between the parties. The Safe City Federal Way shall be
neither liable nor obligated to pay City of Federal Way sick leave, vacation payor any other benefit of
employment, nor to pay any social security, income, or other tax which may arise as an incident of
employment. Industrial or any other insurance that is purchased for the benefit of the Safe City Federal
Way, regardless of whether such may provide a secondary or incidental benefit to City of Federal Way,
shall not be deemed to convert this Agreement to an employment contract. It is recognized that City of
Federal Way mayor will be performing services during the Term for other parties; provided, however, that
such performance of other services shall not conflict with or interfere with City of Federal Wayts ability to
perform the Support & Services. Contractor agrees to resolve any such conllicts of interest in favor of the
Safe City Federal Way. City of Federal Way may use either its own personnel to perform the Support &
Services hereunder or may subcontract for the provision of any of the Support & Services hereunder. Safe
City Federal Way agrees to provide reasonable assistance to City of Federal Way in City of Federal Way's
performance of the Support & Services. Unless specifically set forth in the Statement of Work or otherwise
agreed, City of Federal Way shall have no obligation to perform any Support & Services on any hardware
or software not supplied by City of Federal Way. City of Federal Way agrees to comply with any of the
terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities
Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable
federal, state, or local law or regulation regarding non-discrimination. City of Federal Way shall have no
responsibility for, and Safe City Federal Way releases City of Federal Way from, any and all liability that
arises from or that relates to the destruction or loss of any data or software that may reside on any hardware
on which installation services are to be performed. City of Federal Way agrees to maintain books, records,
and documents which sufficiently and properly reflect all direct and indirect costs related to the
performance of the Support & Services and maintain such accounting procedures and practices as may be
deemed necessary by the Safe City Federal Way to assure proper accounting of all funds paid pursuant to
this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by
the Safe City Federal Way, its authorized representative, the State Auditor, or other governmental officials
authorized by law to monitor this Agreement
_~~~~_~!:-_~~~!~~__I?~'f~:_~~~I_~_11~,_~~~?_Mt).mb_JJ_~2Q~:t
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BiLL
ITEM#. I.<t.. 5.c..
SUBJECT: AMENDMENTS TO CITY CENTER MULTIFAMILY TAX EXEMPTION PROVISIONS
POLICY QUESTION: Should the City Council adopt an Ordinance amending the City Center Multifamily
Dwelling Unit Limited Property Tax Exemption (FWCC 14, Article VII) to incorporate State RCW provisions
relating to affordable housing?
COMMITTEE: FEDRAC
MEETING DATE: 2/24/09
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: Patrick Dohertv, Economic Develonment Director DEPT: City Manager
__..__.___.....___._.....___.________.____._.........__._____.._.___.._.~.~../.._.m.___m____._...___.._....__.___._.____...t"_____......................__.__.._.......__.....___....._.__......__.....____.___._.___..._m.._..___.....____.._m____._..___".m...m_n__
Attachments: Proposed Ordinance
BACKGROUND
In 2007 the State Legislature amended RCW 84.14, where the Multifamily Tax Exemption
provisions are codified, to provide incentives for the production of affordable housing. Those
amendments changed the tax exemption period from a simple ten-year period to either eight
years if a project provides no affordable housing or up to 12 years if the project includes up to
20% of its units as affordable housing. The amendments include a series of corresponding
definitions and references throughout the Section.
The Federal Way City Code (Chapter 14, Article VII) has not yet been amended to reflect these
State changes since the mandatory five-year review and report was pending and it was deemed
most appropriate to wait for this time to both report and offer any needed code changes.
As such, the attached proposed Ordinance provides for all the necessary FWCC amendments to
bring the City's code provisions into full compliance with RCW 84.14.
Options Considered:
1. Approve the proposed Ordinance amending FWCC to reflect RCW 84.14 amendments
relating to affordable housing.
2. Reject the proposed Ordinance.
STAFF RECOMMENDATION: Option I.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL:
COMMITTEE RECOMMENDATION:
JU.?(JAfoett
Committee Chair
/.L~
Committee Member
D<J.c.-,\ Vb
~il
Y~ember
fzt{~
PROPOSED COUNCIL MOTION(S):
1 ST READING OF ORDINANCE (DATE): [ move to forward the ordinance to a second reading for enactment on
the 3/17/09 consent agenda.
2ND READING OF ORDINANCE (CONSENT AGENDA DATE): "[ move approval of
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACfION
J!! MOVED TO SECOND READING (ordinances only)
REVISED - 02/06f2006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
3.3' Oq
\
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, LIMITED PROPERTY TAX EXEMPTION; AMENDING ARTICLE VII,
CHAPTER 14, MULTIFAMILY DWELLING UNIT LIMITED PROPERTY TAX
EXEMPTION (ORDINANCE NO. 03-380)
WHEREAS, in 1995 the Washington State Legislature adopted Chapter 84.14 RCW, to
encourage increased residential opportunities in cities required to plan under the Growth
Management Act, by providing for special property tax valuations for eligible multifamily housing in
targeted urban, residential areas; and
WHEREAS, on February 18,2003 the Federal Way City Council approved Ordinance 03-380
amending Chapter 14 of the Federal Way City Code by adopting Article VII adding provisions
allowing a limited property tax exemption for structures containing multifamily units in the City
Center-Core and City Center-Frame zones; and
WHEREAS, in 2007 the Washington State Legislature amended Chapter 84.14 RCW,
adopting provisions to encourage affordable housing in projects for which the limited property tax
exemption would be applicable;
WHEREAS, in adopting Ordinance 03-380 the Federal Way City Council included
FWCC 14-242 requiring a five-year review and report, required after the end of the 2008
calendar year; and
WHEREAS, no changes to FWCC Chapter 14, Article VII have been enacted to date
reflecting the housing-affordability provisions ofRCW 84.14, in anticipation of the above-cited five-
year review and report, now being considered.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 14, Article VII, Section 231 shall be amended as follows:
14-230 Purpose.
As provided for in Chapter 84.14 RCW, the purpose of this article is to provide limited, lO-year
exemptions from ad valorem property taxation for qualified new multifamily housing constructed in
the city center core and frame zones, in order to:
(1) Accomplish the planning goals of the Growth Management Act, Chapter 36. 70A RCW, and
the City of Federal Way Comprehensive Plan, specifically Goals CCP 9 and 10; and/or
(2) Encourage residential opportunities, including affordable housing, within the city center core
and frame residential targeted area; and/or
(3) Stimulate new construction of multifamily housing in the city center core and frame to
increase housing opportunities; and/or
(4) Assist in directing future population growth into the city center core and frame, thereby
reducing development pressures on single-family residential neighborhoods; and/or
(5) Achieve development densities that are more conducive to transit use in the city center core
and frame; and/or
(6) Promote community development and city center core and frame revitalization, in fulfillment
of the Comprehensive Plan City Center "Vision." (Ord. No. 03-438, ~ 2, 2-18-03)
14-231 Definitions.
In construing the provisions of this article, the following definitions shall be applied:
fl1 Assessor means the King County assessor.
~ Director means the director of the Federal Way community development services department,
or any other city office, department or agency that shall succeed to its functions with respect to this
article, or his or her authorized designee.
~ Multifamily housing means a building or townhouse having four or more dwelling units
designed for permanent residential occupancy.
81 Owner means the property owner of record.
~ Permanent residential occupancy means multifamily housing that provides either rental or
owner occupancy for a period of at least one month. This excludes hotels and motels that
predominantly offer rental accommodation on a daily or weekly basis.
(6j Residential targeted area means the city center core and frame zones, as designated by the
city council pursuant to this article. (Ord. No. 03-438, ~ 2,2-18-03)
Affordable housing means the definition provided for in RCW 84.14.010.
Household means the definition provided for in RCW 84.14.010.
Low-income household means the definition provided for in RCW 84.14.010.
Moderate-income household means the definition provided for in RCW 84.14.010.
High cost area means the definition provided for in RCW 84.14.010.
ORD#
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14-233 Tax exemption- Duration - Valuation - Exceptions.
W ill Exemption, duration of. The value of improvements qualifying under FWCC 11 231 is
exempt from ad ';alorem property taxation for 10 successive ycars bcgin..-ung January 1 st ofthe y-car
immediately follov/ing the calendar year of issuance of the final certificate of tax exemption.
The value of new housing construction, conversion, and rehabilitation improvements qualifying
under this chapter is exempt from ad valorem property taxation, as follows:
(a) For properties for which applications for certificates of tax exemption eligibility are
submitted under chapter 84.14 RCW before July 22,2007. the value is exempt for ten successive
years beginning January 1 of the year immediately following the calendar year of issuance of the
certificate~ and
(b) For properties for which applications for certificates of tax exemption eligibility are
submitted under chapter 84.14 RCW on or after July 22, 2007, the value is exempt:
(i) For eight successive years beginning January 1st of the year immediately following the
calendar year of issuance of the certificate; or
(ii) For twelve successive years beginning January 1st of the year immediately following the
calendar year of issuance of the certificate, if the property otherwise qualifies for the exemption
under this chapter and meets the conditions in this subsection. For the property to qualify for the
twelve-year exemption under this subsection, the applicant must commit to renting or selling at
least twenty percent of the multifamrIy housing units as affordable housing units to low and
moderate-income households. and the property must satisfy that commitment and any additional
affordability and income eligibility conditions adopted by the local government under this
chapter. In the case of proiects intended exclusively for owner occupancy, the minimum
requirement of this subsection may be satisfied solely through housing affordable to moderate-
income households.
Will Limits on exemption. The exemption does not apply to the value ofland or to the value of
nonhousing improvements not qualifying under FWCC 14-234, nor does the exemption apply to
increases in assessed valuation of land and nonqualifying improvements. This article also does not
apply to increases in assessed valuation made by the assessor on nonqualifying portions of building
and value of land, nor to increases made by lawful order of a county board of equalization, the
Department of Revenue, or a county, to a class of property throughout the county or specific area of
the county to achieve the uniformity of assessment or appraisal required by law. (Ord. No. 03-438,
~ 2,2-18-03)
14-236 Application review- Approval- Required findings -Issuance of
conditional certificate - Denial - Appeal.
(aD The director may approve an application if he or she finds that:
(+~) A minimum of four new units are being constructed;
ORD#
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(2-12) The proposed project is or will be, at the time of completion, in conformance with all
approved plans, and all applicable requirements of the Federal Way City Code or other applicable
requirements or regulations in effect at the time the application is approved;
(~) The owner has complied with all of the requirements of this article, including but not limited
to project eligibility requirements contained in FWCC 14-234 and application requirements
contained in FWCC 14-235; and
(44) The project site is located within a designated residential targeted area.
@e) If applicable. the proposed multiunit housing proiect meets the affordable housing
requirements as described in FWCC 14-233:
(62) The director shall deny an application if the foregoing criteria are not met.
(el) If the application is approved, the owner shall enter into a contract with the city, approved by
the city council, regarding the terms and conditions of the project under this article.
(61) Following council approval of the contract, the director shall issue a conditional certificate of
acceptance of tax exemption. The conditional certificate shall expire three years from the date of
approval unless an extension is granted as provided in FWCC 14-238.
(e2) If the application is denied, the director shall state in writing the reasons for the denial and
send notice of denial to the owner's last known address within 10 days of the denial.
(fQ) An owner may appeal a denial of a tax exemption application to the city council by filing a
notice of appeal with the city clerk within 30 calendar days of receipt of notice of the denial. The
appeal before the city council shall be based upon the record before the director, and the director's
decision will be upheld unless the owner can show that there is no substantial evidence on the record
to support the director's decision. The city council's decision on appeal is final. (Ord. No. 03-438,
~ 2, 2-18-03)
14-239 Final certificate- Application -Issuance - Denial- Appeal.
(al) Upon completion of the construction as provided in the contract between the owner and the
city, and upon issuance of a temporary certificate of occupancy, or a permanent certificate of
occupancy if no temporary certificate is issued, the owner may request a final certificate of tax
exemption. The owner shall file with the director such information as the director may deem
necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum include:
(+f!) A statement of expenditures made with respect to each multifamily housing unit and the
total expenditures made with respect to the entire property;
(2-12) A description of the completed work and a statement of qualification for the exemption;
(:3<;) If applicable. a statement that the proiect meets the affordable housing requirements as
described in FWCC 14-231:
(~A statement that the work was completed within the required three-year period or any
approved extension.
(h2) At the time of application for final certificate under this section, the owner shall pay to the
city a fee of $50.00 to cover the city's administrative costs.
(el) Within thirty days of receipt of all materials required for a final certificate, the director shall
determine whether the completed work. and the affordability of the units. is consistent with the
contract between the city and owner, whether all or a portion of the completed work is qualified for
exemption under this article and, if so, which specific improvements satisfy the requirements of this
article.
ORD#
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(61) If the director determines that the project has been completed in accordance with the contract
between the owner and the city and the requirements of this article, the city shall file a final
certificate of tax exemption with the assessor within 10 days of the expiration of the 30-day period
provided under subsection (c) of this section.
(el) The director is authorized to cause to be recorded, or to require the owner to record, in the
real property records of the King County department of records and elections, the contract with the
city required under FWCC 14-236, or such other document(s) as will identifY such terms and
conditions of eligibility for exemption under this article as the director deems appropriate for
recording.
(f~) The director shall notifY the owner in writing that the city will not file a final certificate if the
director determines that the project was not completed within the required three-year period or any
approved extension, or was not completed in accordance with the contract between the owner and the
city and the requirements of this article, or, if applicable, the affordable housing requirements as
described in FWCC 14-233 were not met. or the owner's property is otherwise not qualified for the
limited exemption under this article.
(g1.) The owner may appeal the director's decision to the hearing examiner by filing a notice of
appeal with the city clerk within 14 calendar days after issuance of the notice of the denial. The
appeal before the hearing examiner shall follow the provisions for appeal contained in FWCC 22-
397 through 22-406. The owner may appeal the hearing examiner's decision to the King County
superior court according to the procedures contained in RCW 34.05.510 through 34.05.598, as
provided in RCW 84.14.090(6), within 30 days of notification by the city to the owner of the
decision. (Ord. No. 03-438, ~ 2, 2-18-03)
14-240 Annual certification.
(aD Within 30 days after the first anniversary of the date the city filed the final certificate of tax
exemption and each year thereafter, for a period of 10 years, the property owner shall file a
certification with the director, verified upon signed affirmation under penalty of perjury under the
laws of the state of Washington. The certification shall contain such information as the director
may deem necessary or useful, and shall at a minimum include the following information:
(+f!) A statement of occupancy and vacancy of the multifamily units during the previous year;
(2,Q) A certification that the property has not changed use and, if applicable, that the property has
been in compliance with the affordable housing requirements as described in FWCC 14-233
since the date of filing of the final certificate of tax exemption, and continues to be in compliance
with the contract with the city and the requirements of this article;
(~) A description of any improvements or changes to the property made after the filing of the
final certificate or most recent certification, as applicable.
(b2) Failure to submit the annual certification may result in cancellation of the tax exemption.
(Ord. No. 03-438, ~ 2, 2-18-03)
ORD#
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REV 12/08
14-241 Cancellation of tax exemption- Appeal.
(al) If at any time the director determines that the property no longer complies with the terms of
the contract or with the requirements of this article, or the use of the property is changed or will
be changed to a use that is other than residential, or if the owner intends to discontinue
compliance with the affordable housing requirements as described in FWCC 14-233, or the
property for any reason no longer qualifies for the tax exemption, the tax exemption shall be
canceled and additional taxes, interest and penalties imposed pursuant to state law.
(62.) If the owner intends to convert the multifamily housing to another use or intends to
discontinue compliance with the affordable housing requirements as described in FWCC 14-233,
the owner must notify the director and the King County assessor within 60 days of the change in
use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest
and penalties imposed pursuant to state law.
(eJ.) Upon determining that a tax exemption shall be canceled, the director shall notify the
property owner by certified mail, return receipt requested. The property owner may appeal the
determination by filing a notice of appeal with the city clerk, within 30 days after issuance of the
decision by the director, specifying the factual and legal basis for the appeal. The appeal before
the hearing examiner shall follow the procedures set forth in FWCC 22-397 through 22-406. At
the appeal hearing, all affected parties may be heard and all competent evidence received. The
hearing examiner shall affirm, modify, or repeal the decision to cancel the exemption based on
the evidence received. The hearing examiner shall give substantial weight to the director's
decision to cancel the exemption, and the burden of proof and the burden of overcoming the
weight accorded to the director's decision shall be upon the appellant. An aggrieved party may
appeal the hearing examiner's decision to the King County superior court in accordance with the
procedures in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.110(2), within 30
days after issuance of the decision of the hearing examiner. (Ord. No. 03-438, ~ 2, 2-18-03)
SECTION 2. Severability.
Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or
its application to any person or situation, be declared unconstitutional or invalid for any reason,
such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby
declares that it would have adopted this chapter and each section, subsection, sentence, clauses,
phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
ORD#
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REV 12/08
SECTION 3. Corrections.
The City Clerk and the codifiers of this ordinance are authorized to make necessary
corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 4. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
SECTION 5. Effective Date. This ordinance shall take effect and be in force thirty (30)
days from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2009.
day of
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
ORD#
, PAGE 7
REV 12/08
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
ORD#
, PAGE 8
REV 12/08
COUNCIL MEETING DATE: March 17, 2009
ITEM#:5.d.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Project-
100% Design Approval and Authorization to Bid
POLICY QUESTION: Should the Council authorize staff to advertise the Easter Lake Flood Control Improvements &
West Branch loes Creek Culvert Replacement Project and return to LUTC for authorization to award the bid?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: March 2,2009
CATEGORY:
[gI Consent 0 Ordinance 0 Public Hearing
o City Council Business 0 Resolution 0 Other
~~~~~_~~~_~_~~~_~~ll A~~!eto~!_~:~:'._~~face _~a~e~~~na~~~~_~~:_~~~~~~_~~~~~_______________________
Attachments: Land Use and Transportation Committee memorandum dated March 2,2009.
Options Considered:
m.....___.__.........._..___.___....._...__..___....__..____.________.___________.__.____..__h._______.___...____..__.__._.._______....._____......._......_._...._....__...__....__.__......_._...._......__.____.._......_____.__..__._._
1. Authorize staff to bid the Easter Lake Flood Control Improvements & West Branch loes Creek Culvert
Replacement Project and return to the LUTC Committee to award the project to the lowest responsive,
responsible bidder.
2. Do not authorize staff to bid this project and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL:
~
Committee
DIRECTOR ApPROVAL:
it
COMMITTEE RECOMMENDATION: Forward Option 1 to the March 17, 2009 City Council Consent Agenda for
approval.
PROPOSED COUNCIL MOTION: "I move to au ze staff to bid the Easter Lake Flood Control Improvements &
West Branch Joes Creek Culvert Replacement Project, and return to the LUTe Committee to award the project to
the lowest responsive, responsible bidder. "
Dini Duclos, Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUfION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
March 2, 2009
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager ~
Will Appleton, P.E., Surface Water Manager ~
Jeff Wolf, P.E., Surface Water Engineer
100% Design Approval and Authorization to Bid - Easter Lake Flood Control Improvements
& West Branch Joes Creek Culvert Replacement Project
FROM:
SUBJECT:
BACKGROUND:
On December 2, 2008 Council authorized staff to proceed with the 100% design of the Easter Lake Flood
Control Improvements & West Branch Joes Creek Culvert Replacement Project. The design for both projects
is complete with finalization of City permitting, State HP A permitting, and drainage easement acquisition in
process. Staff will complete remaining tasks before advertising for bids. Project cost data is summarized
below.
PROJECT ESTIMATED EXPENDITURES:
Easter Lake Joes Creek
$146,646 $16,404
0 0
$581,454 $61,067
$57,395 $6,107
$1l,629 0
$828,124 $83,578
Planning and Design
Easement Acquisition
2009 Construction Cost (estimate)
10% Contingency
Construction Management (2%)
TOTAL PROJECT COSTS
AVAILABLE FUNDNG:
SWM MAJOR CIP
SWM MINOR CIP ($207,000)
SCHOOL DISTRICT
TOT AL AVAILABLE BUDGET
$911,000 0
0 $100,000
$22,124 0
$933,124 $100,000
Staff will bring the project back to LUTC and Council for approval to award the bid to the lowest
responsive, responsible bidder.
Additionally, a grant of approximately $182,000 is pending from the King County Flood Control District
"Subregional Opportunity Fund" for the Easter Lake Flood Control Improvements Project. If this grant is
approved and after obtaining King County Council authorization for the Interlocal Agreement, staff will
bring the ILA to LUTC and Council for authorization to execute and request that project funding be
increased by the grant amount. Upon Council acceptance of the completed project, any surplus project
funding would be returned to the respective SWM unallocated CIP accounts.
10TH AVE. S. STORMWATER PIPE
(To be constructed by 2009 project
under separate SEP A ApprovaQ
PROPOSED ROUTE FOR
STORMWATER PIPE
EASTER LAKE
FLOOD CONTROL IMPROVEMENT PROJECT
(Scheduled for Summer 2009 Construction)
City of Federal Way
Public Works Department
Surface Water Management Division
N
Contact: Jeff Wolf, P.E.
Surface Water Project Engineer
253-835-2753
L~"
~I
Nole: This map is in/ended for use as a graphical representation on.y.
The City of Federal Way makea no wa"anly as /0 its accuracy.
Map Printed-JAN. 27,2009
WEST BRANCH JOES CREEK
CULVERT REPLACEMENT SITE
West Branch Joes Creek
Culvert Replacement Project
(Scheduled for construction in Summer 2009)
City of Federal Way
Public Works Department
Surface Water Management Division
N
D Paved Edge of Roadway
Wetlands
Streams
Contact: Jeff Wolf, P. E.
253-835-2753
I
-=--r
LEGEND
Map Printed- Dec. 22, 2008
COUNCIL MEETING DATE: March 17,2009
ITEM#: s.e.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Interlocal Agreement with Federal Way Public School District- For Design and Construction ofS 30gth
Memorial Stadium Driveway Improvements
POLICY QUESTION: Should the Council authorize the City Manager to execute the Interlocal Agreement between
the City of Federal Way and Federal Way Public School District to construct the S. 30gth Memorial Stadium
Driveway Improvements as part of the Easter Lake Flood Control Improvement project?
COMMITTEE: Land Use and Transportation Committee
CATEGORY:
[8J Consent
D . City Council Business
MEETING DATE: March 2, 200g
D Ordinance
D Resolution
D Public Hearing
D Other
_~T A!,!._REPQ~~_~_~=-~i!!~~~~~_~~E~_!_~~~[~~~~_<l:~~~M~~~g~~ . D~PT:_~~~~~_ W or~______
Attachments: 1. Memorandum to Land Use and Transportation Committee dated March 2, 2009.
2. Interlocal Agreement with Federal Way Public School District.
Options Considered:
1. Authorize the City Manager to execute the Interlocal Agreement between the City of Federal Way
and Federal Way Public School District to construct the S. 30gth Memorial Stadium Driveway
Improvements as part of the Easter Lake Flood Control Improvement project.
2. Do not authorize the City Manager to execute the Interlocal Agreement between the City of Federal
Way and Federal Way Public School District to construct the S. 30gth Memorial Stadium Driveway
Improvements as part of the Easter Lake Flood Control Improvement project and provide direction
to staff.
STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the March 17,2009 City Council
Consent Agenda for approval.
CITY MANAGER ApPROVAL: ~
Committee
DIRECTOR ApPROVAL:
COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the March 17,2009 City Council
Consent Agenda for approval.
~.
1" /
.~~-Ko--c~
Linda Kochmar, Chair
r
a~
Dini Duclos, Member
PROPOSED COUNCIL MOTION: "[ move to a rize the City Manager to execute the [nter/ocal Agreement between the
City of Federal Way and Federal Way Public School District to construct the S. 30lfh Memorial Stadium Driveway
Improvements as part of the Easter Lake Flood Control Improvement project. ..
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
TO:
March 2, 2009
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager
Wil~ Ap.Rldon, P.E., Surface Water Manager ~
Jeff~lt', P.E., Surface Water Engineer
lnterlocal Agreement with Federal Way Public School District-
SUBJECT:
Design and Construction of S 30Slh Memorial Stadium Driveway Improvements
VIA:
DATE:
FROM:
BACKGROUND:
The Federal Way Public School District requested that the City enter into an interlocal agreement
for the design and construction of driveway improvements at the District's Memorial Stadium
facility as part of the City's Easter Lake Flood Control Improvements Project. The inclusion of
this work in the City's project will minimize the construction cost for the District and reduce
public disruption in the area. A copy of the proposed agreement is attached to this memo.
The estimated cost of $22,019 outlined in the interlocal agreement includes preparation of design
and bidding documents, construction, construction management, project administration and a
10% construction contingency. The actual construction costs incurred will be used to calculate
the final amount of the District's reimbursement to the City.
cc- Easler Lake Flood Control Improvements Project File
After recording, return to:
Federal Way City Attorney's Office
33325 8th Ave S
PO Box 9718
Federal Way, WA 98063-9718
INTERLOCAL BIDDINGIPURCHASING AGREEMENT
BETWEEN FEDERAL WAY PUBLIC SCHOOLS AND CITY OF FEDERAL WAY
This Agreement, is dated effective this _ day of , 2009, by and between Federal Way
Public Schools, State of Washington, a Washington municipal corporation (hereinafter referred to as
"District") and City of Federal Way, Washington, a municipal corporation (hereinafter referred to as
"Federal Way or City"), (collectively "Parties").
WITNESSETH that:
A. The Parties maintain, for the benefit of the Citizens of their respective jurisdictions, an
organized and standard bidding structure charged with the function of securing equipment, goods and
services within the limits of all appropriate bidding laws of the State of Washington and the individual
jurisdictions, and
B. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised
Code of Washington provides for interlocal cooperation between governmental agencies; and
C. It has been determined by each of the Parties hereto that it would be in the best interests of the
citizens of their respective jurisdictions if, in some circumstances, the purchase of public works
equipment, goods and services, can be purchased through a bidding process made up of more than one
jurisdiction in the State of Washington; and
D. The Parties hereto desire and by this agreement enter into an Interlocal Cooperative
Bidding/Purchasing Agreement ("Agreement") wherein the Parties can utilize each other's contracts
where it is lawful and in their best interest to do so and may establish yearly bidding/purchasing for
equipment, goods and services of mutual need requirements.
WHEREAS, the Parties hereto desire to set forth their rights, duties and responsibilities with
respect to applicable laws, ordinances, procedures as established by the Parties hereto and the State of
Washington. District and the City may elect not to exercise their right under this Agreement but may do
so at any time the Agreement remains in effect, and
-1-
City of Federal Way/Federal Way Public Schools
BiddinglPurchasing Agreement
Page 2
NOW, THEREFORE, for and in consideration of the procedures contained herein performed and
to be performed, the Parties hereto agree as follows:
1. Cooperative Purchases. The Parties hereto, pursuant to Chapters 35 and 39 bidding laws,
Revised Code of Washington, and pursuant to Chapter 39.34 of the Revised Code of Washington do
hereby contract to cooperatively purchase public works improvements as depicted in Exhibit A-I, and as
further described in Exhibit A-2, as a result of competitive bidding and within the specifications
established by and for District and the City. Once bidding has been finalized and the Parties have been
notified, the City will confirm' the extent of District participation with the applicable contractor, in
accordance with the terms of this agreement.
District and the City agree that each party has no liability as far as the durability, serviceability,
and warranty of the goods, services, and equipment selected. It is also agreed that the goods, services, and
equipment selected shall be agreed upon by each individual party and will not be perceived as selected by
the other party.
District and the City accept no responsibility of the performance of any contracts by the
contractor, and District and the City accept no responsibility for payment of the purchase price for any
contract entered into by the other party.
This Agreement is offered to allow the City and District the capability to purchase goods,
services, and equipment designed specifically for their use and to take advantage of prices achieved by
group participation.
2. No Obligation to Purchase. Each party reserves the right to contract independently for the
purchase of any particular class of goods or services with or without notice to the other party. The Parties
reserve the right to exclude the other party from any particular purchasing contract with or without notice
to the other party.
3. Reimbursement. In consideration of the City providing the Services during the term of the
Agreement, upon completion of all work specified in this agreement, the District agrees to reimburse the
City for actual costs incurred by the City related to issuance of monthly Progress Payments made on
behalf ofthe District for work completed by the City's contractors, based on the cost breakdown listed in
"BID SCHEDULE (Attachment C)" of the RFB09-102 contract, except as modified by a City-approved
Change Order, for culvert replacement and driveway improvement work depicted in Exhibit A-I Aerial
Map and as further described in Exhibit A-I Cost Estimate to the limits specified below.
The total reimbursement amount payable to City pursuant to the Agreement shall be an amount
not to exceed Twenty-Two Thousand, One-Hundred Twenty-Four, and 00/100 Dollars ($22,124.00).
-2-
City of Federal WaylFederal Way Public Schools
B idding/Purchasing Agreement
Page 3
4. Term. This Agreement shall take effect immediately and terminates upon completion of
all provisions of this Agreement. It may be terminated by either party by giving ten (10) days written
notice to the other; provided however, that termination shall not affect or impair purchases of the Parties
that are agreed to on or before the date of termination.
5. Compliance with Laws. Each party accepts responsibility for compliance with federal,
state, or local laws and regulations including, in particular, that party's bidding requirements applicable to
the acquisition of any goods, services, or equipment obtained through the cooperative process agreed to
herein.
6. Indemnification.
District Indemnification. District agrees to indemnify, defend and hold the City, its elected
officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses,
actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities,
including, without limitation, their respective agents, licensees, or representatives, arising from, resulting
from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of
District, its elected officials, commissioners, officers, employees, agents, and volunteers, or by District's
breach of this Agreement.
City Indemnification. The City agrees to indemnify, defend and hold District, its elected officials,
commissioners, officers, employees, agents and volunteers harmless from any and all claims, demands,
losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities,
including without limitation, their respective agents, licensees, or representatives, arising from, resulting
from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or
omissions of the City, its employees or agents. Survival. The provisions of this Section shall survive the
expiration or termination of this Agreement with respect to any event occurring prior to such expiration or
termination.
7. Contact Persons. The Parties stipulate that the following persons shall be the contact
person for their respective jurisdiction.
a. District
Rod Leland, Facilities Manager
31405 18th Ave. South
Federal Way, W A 98003-5433
253-945-5934
b. City of Federal Way
Purchasing Coordinator
33325 8th Ave S
PO Box 9718
Federal Way, WA 98063-9718
(253) 835-2533/Fax: (253) 835-2509
-3-
City of Federal WaylFederal Way Public Schools
Bidding/Purchasing Agreement
Page 4
8. Filing. A copy of this Agreement shall be filed with the City Clerk of the City of Federal
Way, and the District School Board, and recorded with the King County Auditor.
9. General Provisions. This Agreement contains all of the agreements of the Parties with
respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be
amended or modified except by written agreement signed by the Parties. This Agreement shall be binding
upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this
Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In
the event either of the Parties defaults on the performance of any terms of this Agreement or either Party
places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall
pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement
shall be King County, Washington. Failure of the City to declare any breach or default immediately upon
the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or
default. Time is of the essence of this Agreement and each and all of its provisions in which performance
is a factor.
IN WITNESS WHEREOF the Parties have hereunto placed their hand and seals on the day and
year indicated.
DISTRICT
CITY OF FEDERAL WAY
BY:
BY:
Superintendent, Tom Murphy
City Manager, Neal Beets
Date:
,2009
,2009
Date:
Approved as to Form
for District
Approved as to Form
for City of Federal Way
District Attorney,
City Attorney, Patricia A. Richardson
ATTEST: This _ day of
,2009.
ATTEST: This _ day of
,2009.
District Representative,
Federal Way City Clerk
Carol McNeilly, CMC
G:\lawforms\INTERLCL.doc
08/04
-4-
EXHIBIT A
SCOPE OF SERVICES & COST ESTIMATE
For S. 30Sth St. Memorial Stadium Driveway Improvements
(To be constructed under City's "Easter Lake Flood Control Improvements" Project)
SCOPE OF SERVICES:
Includes work related to the design and construction of S. 308th Street Memorial Stadium driveway
improvements to increase driveway approach radii to current Ci/V Development Standards. as
roadway f!eometrics and the layout of existinf! utilities allows. and the revlacement of the failing
easterly 16-inch diameter driveway culvert with an 18-inch diameter concrete vipe. all as
depicted in the contract bid documents. (See page two of exhibit for aerial mav depiction of this
work. )
COST ESTIMATE:
I.
Total Design Cost
(Services provided by Roth Hill, LLC, under A G07-166)
$ 1,054
II.
Construction Costs
(Services provided by City and their Contractor under RFB 09-102.
Includes 10% Project Administration/Construction Management,
and applicable sales tax.)
$19,059
Construction Contingency (J 0% of Construction Cost)
$ 1,906
Estimated Total Construction Cost
$20,965
TOTAL ESTIMATED PROJECT COST (Design & Construction)
$22,019
Costs presented are estimates only; actual costs incurred will be used to calculate final cost of
District's portion of work for reimbursement to the City.
Exhibit A
Page 1 / 2
-5-
EXHIBIT A-1
Memorial Stadium S. 308th St. Driveway Improvements
For Federal Way Public Schools
(S.308th Street 1160 Block to 1240 Block) N
+
City of Federal Way
Public Works Department
Contact Jeff Wolf, P.E.
Surface Water Project Engineer
253-835-2753
No'e: This map is intended for use as a graphical fep18sentIJtion on.y.
The City 01 Federal Way maKe3 no wananty as to its accUlacy.
Map Printed- Jan. 23. 200S
Exhibit A
Page 2 I 2
-6-
_~~U~~!~_~~!~_~_~~!~~_~_~~~_~_~?O~.__________..._.___________!!~~!~__~_~_:t-. _________
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: South 348th Street HOV Lanes Project - Project Acceptance and Retainage Release
POLICY QUESTION: Should the Council accept the South 348th Street HOV Lanes Project constructed by
Westwater Construction Co. as complete?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: March 2, 2009
CATEGORY:
[:gI Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
~'!~_~!J!:EPQI!! Br_: M~~an Sal!oum2R:E., Pu~!ic ~()rk~i!ecto~__-.!>~p,!~})ul~.E~_ W ()~_
Attachments: Land Use and Transportation Committee memorandum dated March 2,2009.
Options Considered:
I. Authorize final acceptance of the South 348th Street HOV Lanes Project constructed by Westwater
Construction Co., in the amount of $2,998,786.87 as complete.
2. Do not authorize final acceptance of the completed South 348th Street HOV Lanes Project constructed
by Westwater Construction Co. as complete and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends 0 tion I.
CITY MANAGER APPROVAL: ~
Committee
DIRECTOR APPROVAL:
~
' .~ _ ouncil
COMMITTEE RECOMMENDATION: Forward Option I to the March 17, 2009 Council Consent Agenda for
approval.
ell, Member
c4i~
ini Duclos, Member
PROPOSED COUNCIL MOTION: HI mov approval of final acceptance of the South 348h Street HOV Lanes
Project constructed by Westwater Construction Co., in the amount of$2,998, 786.87 as complete"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACfION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACflON
o MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
March 2, 2009
Land Use and Transportation Committee
Cary M. Roe, P. E., Assistant City Manager, Chief Operations Office, Emergency Manager
Marwan Salloum, P.E., Public Works Director ~
John Mulkey, P.E., Street Systems Project Engineer~~
South 348'h Street HOV Lanes Project - Project Acceptance and Retainage Release
Prior to release of retainage on a Public Works construction project, the City Council must accept the work as
complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The
above-referenced contract with Westwater Construction Co. is complete. The final construction contract
amount is $2,998,786.87. This is $221,088.93 below the $3,219,875.80 (including contingency) budget that was
approved by the City Council on February 19, 2008.
K:\LUTC\2009\03-02-09 S348th Street HOV lanes Project - Project Acceptance.doc
COUNCIL MEETING DATE: March 17, 2009 ITEM #:~ .
_..._.....__.___.__.._______.__._______.____~___________.___._.._....._________._...__....._._...__._..._.._........._.............__..._._._.....____..______..___..____...___.___.__.__.._.____...___.__..___~__._____~.._--...-..---.._...__.__m.._____________
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: NPDES Permit Requirements/Annual Report and SWMP
POLICY QUESTION: Should Council approve the 2009 Annual Report and Storm water Management Program
(SWMP) documents for submittal to the Department of Ecology as required by the Western Washington
(NPDES) Phase II Municipal Stormwater Permit?
COMMITTEE: Land Use and Transportation Committee
MEETING DATE: March 2, 2009
CA TEGORY:
~ Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REpORT By: Will Appleton P.E., SWM Manager
________________________ Do~.B:~bi~~!!?J~:SA_~ N~pES C9ordinat~~_____
DEPT: Public Works
Attachments: Land Use and Transportation memorandum dated March 2, 2009
2009 Annual Report and Storm water Management Program
Options Considered:
l. Approve the 2009 Annual Report and SWMP documents and authorize the City Manager to submit
documents to the Department of Ecology by March 31st to satisfY the City's NPDES Permit obligations.
2. Do not approve the 2009 Annual Report and SWMP documents and provide direction to staff.
STAFF RECOMMENDATION: Staff recommends a
CITY MANAGER APPROVAL: ~
Committee
DIRECTOR APPROVAL:
~
COMMITTEE RECOMMENDATION: Forward Option I to the March 17th, 2009 Council Consent Agenda for
approval.
(
_/
. o--c~.
Linda Koch r, Chair
a. iU..-
Dini Duclos, Member
PROPOSED COUN<;:IL MOTION: "1 mo approval of the 2009 Annual Report and SWMP documents and
authorize the City Manager to submit said documents to the Department of Ecology by March 3 pt to satisfy the
City's NPDES Permit obligations. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordiTUlllces only)
REVISED - 0210612006
COUNCIL BILL #
1ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SURJECT:
March 2, 2009
Land Use and Transportation Committee
Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager
Will Appleton, P.E., Surface Water Manager
Don Robinett, CPESC, ESA & NPDES Coordinator Y 12-
NPDES Permit Requirements/Annual Report and SWMP
BACKGROUND:
The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates
storm water and wastewater discharges to waters of the State. While it is a federal permit, the regulatory
authority lies with Washington State Department of Ecology (DOE).
The NPDES Phase II Municipal Stormwater Permit for Western Washington was issued by DOE on
January 17, 2007 and went into effect on February 15, 2007. The permit requires that all affected
municipalities create and implement a Storm water Management Program (SWMP) which addresses five
required program elements: I) Public Education and Outreach, 2) Public Involvement and Participation,
3) Illicit Discharge Detection and Elimination, 4) Construction Site Run-Off, and 5) Operations and
Maintenance of Post Construction Storm water Facilities. While the Permit went into effect in February of
2007, the permit phases program implementation requirements through 2012.
In addition to the SWMP, the permit also requires permittees to submit an Annual Report intended to
update the DOE on the status of the permittee's compliance with the NPDES Phase II Permit. Annual
Reports must be submitted to DOE on or before March 31 5t of each year of the permit starting in 2008.
Since the effective date of this permit, City staff has been working with the DOE and several regional
forums to determine how to best meet the permit requirements. City staff has prepared the following
documents to meet the 2009 SWMP and Annual Report requirements as specified under the permit.
· The SWMP describes the City's applicable existing programs, as well as the progress made in
updating these programs as necessary to meet the requirements of the permit. The SWMP is a
planning document which is be updated each year. The SWMP is considered a draft document
until the final document has been approved and supporting ordinances have been adopted by City
Council in 20 II.
· The Annual Report is primarily a 92 item checklist intended to illustrate the City's compliance
with the NPDES Phase II Permit. [Note: Pursuant to the guidance provided by the Department of
Ecology, the answer "Yes" was only used when the program is fully implemented. The answer,
"No" or "NA" and brief comments were used to describe the status of all other permit
requirements. ]
cc: Project File
Day File
~
CITY OF ~
Federal Way
NPDES
Annual Report
To Be Issued March 2009
Pursuant to the
Western Washington Phase II
Municipal Stormwater Permit
# WAR 04 - 5516
Instructions on Filling out the Western WA Phase II Municipal
Stormwater Permit Annual Report Form
1. Complete all TABS in the worksheet: (1) Permittee Information; (2) Certification; (3)
ANNUAL REPORT (Section VI); (4) Info Collection (Section VII-A); (5) Info Collection
(Section VII-B); (6) Info Collection (Section VII-C); and (7) Info Collection (Section VII-D).
2. The Certification formffAB must be siQned and certified bv the responsible official(s).
All TABs (except the INSTRUCTIONS) must be printed out and mailed to Ecology.
3. Answer every question. Use the Comments and Attachment fields only when
necessary to provide additional information.
4. For questions asking for a number, type in a 0 (zero) in the # field of the ANNUAL
REPORT tab if no activity has occurred. Do not leave the field blank.
5. Do not add text to shaded fields.
6. Use the following tables to guide filling out the Y/N/NA field. See below.
7. Save your completed Annual Report and email the Excel worksheet PLUS attachments
to: PH2_ WAnnRpt@ecy. wa.gov. Ecology cannot accept incomplete or partially
completed Annual Report forms.
If you met the permit
requirement by the deadline in Mark Y in the Y /NINA field.
the permit...
Mark N in the Y /NINA field.
If you did not meet the permit
requirement by the deadline in Provide following information in Comments field: "reasons
the permit..... why, corrective steps taken and proposed, and expected
dates that the deadline will be met." [See S9.E.2.d for full
description of required additional information.]
If the permit requirement does
not apply to you or is not yet Mark NA in the Y /NINA field.
due.. ...
You may note in the Comments field if the requirement is
not yet due.
I. Permittee Information
Permittee Name I I Permittee Coverage Number
City of Federal Way WAR 04-5516
Contact Name I Phone Number
William Appleton, P.E. (253) 835-2750
Mailing Address
PO Box 9718
City I~tate Zip + 4
Federal Way WA 98063-9718
Email Adddress
William.Appleton@cityoffederatway.com
II. Regulated Small MS4 Location
Jurisdiction
City of Federal Way
Entity Type: Check the box that applies
Coun Ci ITown Other
X
Major Receiving Water(s)
The Puget Sound
III. Relying on another Governmental Entity
If you are relying on another governmental entity to satisfy one or more of the
permit obligations, list the entity and briefly describe the permit obligation(s) they
are implementing on your behalf below. Attach a copy of your agreement with the
other entity to provide additional detail.
Name of Entity: Permit Obligation(s):
N/A
IV. Certification
All annual reports must be signed and certified by the responsible official(s) of permittee or co-
permittees. Please print and sign this page of the reporting form and mail it (with an original
signature) to Ecology at the address noted below. An electronic signature will not suffice.
I certify under penalty of law, that this document and all attachments were prepared under my direction or
supervision in accordance with a system designed to assure that Qualified Personnel properly gathered and
evaluated the information submitted. Based on my inquiry of the person or persons who manage the system or
those persons directly responsible for gathering information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting
false information, including the possibility of fine and imprisonmeilt for willful violations.
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2008 Annual Report - Appendix A (Stormwater Studies)
Description of stormwater monitoring, studies, or type of Staff Contact
information collected and analyzed during the reporting period.
(S8.B.l)
Continuous water quality monitoring at four (4) in-pipe MS4 locations Dan Smith,
1 utilizing automated instrumentation for flow, dissolved oxygen, Water Quality Coordinator
temperature, and pH. 253-835-2756
Continuous water quality monitoring at one (1) in-pipe MS4 location Dan Smith,
2 Water Quality Coordinator
utilizing automated instrumentation for turbidity. 253-835-2756
Continuous water quality monitoring at three (3) surface water Dan Smith,
3 locations utilizing automated instrumentation for flow, dissolved Water Quality Coordinator
oxygen, temperature, pH, and turbidity. 253-835-2756
Continuous water quality monitoring at two (2) surface water Dan Smith,
4 locations utilizing automated instrumentation for flow, dissolved Water Quality Coordinator
oxygen, temperature, and pH. 253-835-2756
Continuous temperature monitoring at approximately seventeen (17) Dan Smith,
5 individual (both MS4 and surface water) sites utilizing automated Water Quality Coordinator
loggers. 253-835-2756
Various grab samples collected to quantify stormwater contaminants Dan Smith,
6 of concern associated with prohibited stormwater discharges and code Water Quality Coordinator
enforcement action. Samples were submitted to a local environmental 253-835-2756
laboratory for analysis.
In-stream B-IBI macroinvertebrate samples collected and analyzed Dan Smith,
7 Water Quality Coordinator
from eleven (11) individual sites. 253-835-2756
Will Appleton, PE
8 Catch basin sediment level monitoring. Surface Water Manager
253-835-2750
V olunteer water quailty monitoring data. No quality control review or Dan Smith,
9 Water Quality Coordinator
data evaluation was conducted on this data. 253-835-2756
CITY OF ~
Federal Way
Stormwater Management
Program
(SWMP)
To Be Issued March 2009
Pursuant to the
Western Washington Phase II
Municipal Stormwater Permit
# WAR 04 - 5516
Page I of 29
City of Federal Way
NPDES Phase II Stom1\\iater Management Program
TABLE OF CONTENTS
TABLE OF CONTENTS ... ..... .... ........ ....... ...............,... .... ................ ..........., ..... ..... ........ .....:.... 2
BACKGROUN D.... ...... ....... .................... .......... ....... ..... ....................... .............. .... ...... .........,... 4
INTRODUCTION.. .........,... ......... ...... ... ...... .... ........ ........... ...... ...... ...... .... ........... ... .... ... ...... ...... 5
SECTION I - Public Education and Outreach .........,............................................................,...6
Targeted Audiences and Subject Areas... ........... ....... ..... .............. .............. ....... ........... .........6
Measure Understanding....... .... '........ .... ........ ..... ...... ....... ....... ........... ..... ...... .... ......... ... ....... II
Track and Maintain Records .............. ........ ......... ...... ..... .... ....... ...... ........................... ......... 12
SECTION 2 - Public Involvement and Participation .,............................................................ 13
Public Participation in Development ofSWMP ................................................................. 13
Evaluation of Pub I ic Comments. ....... .... ................ .....,.. ................................ ...................... 14
Stewardship Programs & Environment Activities ,............................................................. ] 5
Vveb Page - SWMP and Annual Report ........................................................................,...., ] 5
SECTION 3 - Illicit Discharge Detection and Elimination ............................................,.,..... 16
Municipal Stonn Sewer Map .. ....... ....... ............ ............ ...... .,. .... ...... .................. .... ............. 16
(Permit Requirement S. 5. C.3.a) ... ............ ........... ...... ... ..........,.......... ,. ... ......................,.,.... 16
Illicit Discharge Detection and Elimination (IDDE) Ordinance...................................,...., J 6
lmplementation of ID DE....... .... .... ,. .................... ...... ......, ,................, ... ...... ... ..................... I 7
(Penni t Req ui rement S ,5. C.3.c) ... ......,... ......... .... .......,....... ...........,.. ............... ..... ..... .......... I 7
IDDE Education (Hazards Associated with Illicit Discharges) ..............................,...,....... 18
IDDE Assessment. Evaluation and Tracking............................,.........................................19
(Permit Requirement S.5.C .3.e) ........,...................... ................................;.............,............ 19
Municipal Field Staff Training.. ................ .... ........ ,.. ........... ............ ..... ....... ....... ....... .... ...... 19
(Permit Requirement S.5.C.3 .f)... ............ .................. .... ....,.... ......... ............ ... ..... ......... ....... 19
SECTION 4 - Controlling Runoff from Construction Sites.................................................... 21
Program Ordinance and Enforcement Mechanisms............................................................ 21
(Permit Requirement S,5. C.4.a) .. .... .............. ...... ....... ............ ..... ...... .... ...... .................. ...... 2 I
Permitting Process with Review, Inspection and Enforcement .......................................... 22
Inspection Program to Verify Long-Term Operation & Maintenance of Storm water
Facilities ... .... ... ......... ....... .....,., ..... ..... .., .... ........... ..... .......... ... ... ... ........ .......... ....... ...... ......... 24
Tracking Inspections, Enforcements, Warnings and Violations ......................................... 25
NPDES Forms Available to the Public ...............................................................................25
Verification Staff Responsible for Program Implementation are Trained .......................... 25
SECTION 5 - Pollution Prevention and Operations and Maintenance ................................... 26
Maintenance Standards. ........ ...... ..... .............. .... ....... ....... ..... ..... ..................... ........... ..... .... 26
Annual Inspections.. ,. .............. ........... ...... ... ......... ..... ....... .... ..... ....... ....... ... ....... .................. 26
Spot Check Inspections.. ........,. ,., ..... ..... ........ ......,.... ........... ............. .... .... .......... .....w... ...... 27
Page 2 of 29
City of federal Way
NPDES Phase II Storrmvater Management Program
C B and Inlet Inspections.....,... .......... .......... ........ ...... ..... ... .... ...... .... .................... ..... ........... 27
Compliance with Inspection Requirements ,......... ............ ..................................................27
Practices to Reduce Stonnwater Impacts ............................................................................ 27
BMPs to Reduced Pollutants Discharged from City Lands ................................................ 28
Develop & Implement On-Going Training......, .......... .... ... ........ ............ ............. ............ .... 28
Develop and Implement SWPPPs (Heavy Equipment and Storage yards)........................ 28
Record Keeping and Tracking .. ........... ..... ,....... ...., ....... .... ...._..... ..... ............. .............. ........ 29
Page 3 of 29
City of Federal Way
NPDES Phase II Stonnwater Management Program
BACKGROUND
The National Pollutant Discharge Elimination System (NPDES) is a federal permit
authorized under the Federal Clean Water Act of 1972 (as amended in 1977) that regulates
storm water and wastewater discharges to waters of the State. While NPDES is a federal
permit, it is primarily administered by state governments. The NPDES Phase II Municipal
Stormwater Permit for Western Washington was issued by the Washington State Department
of Ecology on January 17, 2007 and went into effect on February 16,2007.
While there are several types ofNPDES permits, the municipal permit is intended to reduce
the impacts from both point source (i.e. construction site run-off) and non-point source
pollution carried by storm water. Construction site run-off and non-point source pollution,
such as oils and metals from cars, fertilizers and pesticides from lawns, soaps from car
washes and pet waste are major contributors to water quality degradation in our lakes,
streams. wetlands and the Puget Sound.
One of the major requirements under the Municipal NPDES Permit is that all affected
municipalities create and implement a Stormwater Management Program (SWMP) which
addresses five required program elements: I) Public Education and Outreach, 2) Public
Involvement and Participation, 3) Illicit Discharge Detection and Elimination, 4)
Construction Site Run-Off: 5) Operations and Maintenance of Post Construction Stormwater
Facilities. While the permit went into effect in February of 2007, the pennit phases program
implementation requirements through 2012.
Page 4 of 29
City of Federal Way
NPDES Phase II Storm water Management Program
INTRODUCTION
This document has been prepared to meet the City of Federal Way's Western Washington
Phase II Municipal Stormwater Permit (Permit) requirement for development of a
Stonnwater Management Program (SWMP) identified in Section S5.A.2 of the Permit.
The City's SWMP is designed to reduce the discharge of pollutants from the City's
Municipal Separate Storm Sewer System (MS4) to the maximum extent practicable (MEP),
meet Washington State's All Known and Reasonable Technology (AKART) requirements,
and protect water quality once it is fully implemented.
As will be demonstrated in the following sections, many of the required SWMP elements are
already being implemented by the City. The City will gather, track, maintain and use
information on an on-going basis to evaluate the SWMP development, implementation,
Permit compliance, and to set priorities as part of the implementation of the City's SWMP.
Pursuant to the requirements of the Permit, the SWMP will be updated annually until the
pennit expires on February 16,2012. The SWMP shall be considered a draft document and
used as a planning tool until such time as the SWMP and any supporting ordinances have
been fonnally adopted by the City of Federal Way City Council.
Relationship to 1995 Surface Water Management Comprehensive Plan
The following SWMP should be considered a draft update to Chapter III (Surface Water
Utility Programs) of the City of Federal Way 1995 Surface Water Management
Comprehensive Plan. The other chapters of the 1995 Comprehensive Plan are still in effect.
Page 5 of 29
City of Federal Way
NPDES Phase II Stom1\vater Management Program
SECTION 1 - Public Education and Outreach
"The 5WA1P shall include an education program aimed at residents. businesses, industries.
elected officials. polic:v makers. planning staJf and other employees of the Ci(v. The goal of
the education program will be to reduce or eliminate behaviors and practices that cause or
contribute to adFerse storl1'nmter impacts, The Ci(v's education program may be developed
localzv or regionalzv. ,. (Permit Requirement 55,C I)
Pursuant to Permit requirement 55. C l.a.. a Public Education and Outreach Program must
be in place by February /6. ]009,
Thc City of Federal Way maintains an active Public Education and Outreach Program. The
City uses a variety of approaches to inform residents and businesses about storm water
pollution prevention. stewardship opportunities. capital improvement projects, watershed
planning and maintenance activities, engaging both citizens and stakeholders alike.
Public education is important to protecting our water resources. It is a utility goal to increase
water fJuality compliance by helping people realize their individual and collective
responsibilities for protecting our waterways. Public education and participation has also
proven to be a useful tool in water quality compliance and enforcement. An informed
community can be very etlective at keeping a watchful eye on our waterways.
The Surface Water Management Division (SWM) is actively producing and distributing
public educational materials (i.e. posters. press releases, brochures, booklets and flyers) on a
variety of subjects related to improving water quality. All SWM publications are available
on the web at http://www.cityotlederalway.com/SWM.
Targeted Audiences and Subject Areas
(Permit Requirement 55, C. 1.a)
SWM's existing programs listed below target a wide variety of audiences and subject
areas. The programs are organized by targeted audiences and subject areas as identified
in Section S5.C.l.a of the Permit.
i) The General Public
(1) Impacts of Storm water Flows into Surface Waters and Impacts from
Impervious Surfaces
The broad topics of impacts from impervious surfaces and storm water flows are
addressed several ways within SWM's existing public education, outreach and
involvement programs. Examples of these include our quarterly newsletter (The
Water Log). \veb pages. catch basin curb markers, charity car wash kits, natural
yard care, pet waste brochures and local government access channel (Channel
21 ) pro!,YTams and public service announcements.
Further, SWM staff is actively involved in The STORM Group (the Regional
NPDES Education and Outreach Forum) with the goal of developing a regional
Page 6 of 29
City of Federal Way
NPDES Phase II Stonnwater Management Program
storm water educational campaign for the greater Puget Sound area. The
STORM Group is a group of public education and outreach professionals from
Phase I & II jurisdictions from the greater Puget Sound area working together to
share and develop education and outreach programs and research. The STORM
Group is coordinating its regional storm water education campaign efforts with
the Puget Sound Partnerships educational efforts.
(2) Source Control BMPs, Environmental Stewardship Actions, Pet Waste,
Vehicle Maintenance, Landscaping and Buffers
(a) Source Control BMPs
(i) Construction Site Erosion Control Brochure
SWM has developed an erosion/sedimentation control educational
brochure targeted at single family contractors. The brochure outlines
the erosion control inspection process and provides details on the
standard best management practices (BMPs). The brochure is
currently attached to all new single family construction permits.
Brochures are also distributed during the preconstructton conference.
(ii) Restaurant Industry Poster
The Good Cleaning Practices for the Restaurant Industry Poster
describes industry specific waste disposal and cleaning best
management practices in three languages, English, Spanish and
Korean. The poster is designed to reduce the number of illicit
discharges from restaurant businesses. The posters were originally
delivered to all restaurants within the City of Federal Way in 2004 and
are currently being redistributed to all restaurants and property
owners/managers. The posters are also handed out through the Illicit
Discharge Detection and Elimination (lODE) program.
(iii) Auto Industry Poster
The Good Cleaning Practices for the Automotive Industry Poster
describes industry specific waste disposal and cleaning best
management practices. The poster is intended to reduce the number of
illicit discharges from automotive businesses. The posters were hand
delivered to all auto industry businesses within the City of Federal
Way in 2004 and continue to be handed out through the lODE
program.
(iv) Catch Basin Curb Marker Program
Through this program, local youth organizations, like Boy Scouts and
Girl Scouts and other special interest groups, volunteer to glue these
colorful four inch plastic markers to curbs, sidewalks or roads adjacent
to catch basins in residential neighborhoods. The program is designed
to raise awareness that all City storm drains flow to natural waterways.
Page 7 of 29
City of Federal Way
NPDES Phase If Stormwater Management Program
(v) Charity Car Wash Program
As a proactive measure to educate and assist the public interested in
holding charity car wash events, the City maintains the Fish Friendlv
Car Wash Prol!ram. The program offers two "fish friendly" car wash
alternatives: I) Sell charity car wash tickets through the Puget Sound
Car Wash Association; and 2) Check out car wash kits free of charge.
Kits are borrowed from the City for charity events held within the
City. The kits are designed to divert wash water to the sanitary sewer
system. The program also disseminates public education materials in
the fonn of letters, flyers and press releases targeted at local charities
and special interest groups, as well as local businesses.
(b) Environmental Stewardship
(i) Pet Waste Brochure
The pet waste brochure identifies the numerous adverse impacts pet
waste can have on water quality and describes environmentally
friendly disposal techniques. Pet waste brochures are displayed at
local parks. pet stores and veterinary clinics. In addition, pet waste
signs are posted and collection bags are provided in City parks.
(ii) Don-t Feed the Ducks or Geese Poster
This poster was created by King County and displays four reasons not
to feed the ducks or geese. Posters are on display at local lakes and
ponds arid are distributed to North and Steel Lake residents annually as
a part of their aquatic weed management programs. They are designed
to reduce nutrient loading and other harmful impacts resulting from
feeding waterfowl.
(iii) Be a Lake Steward Flyer
The lake steward flyer encourages lake residents to adopt or modify
residential practices and behaviors to help improve water quality in
local lakes. The flyer is distributed annually_ '
(iv) Stream Team
Through this volunteer program residents and interested parties
regularly check out water quality monitoring kits and conduct basic
water quality tests in local streams. The program is designed to raise
awareness on the health of streams and encourage stewardship. The
group also reports any adverse conditions or illicit discharges they may
observe.
(v) Lakota Creek Clean Up
During this annual spring event volunteers and SWM staff walk the
Lakota Creek stream corridor removing litter and debris which can
degrade water quality and cause flooding or channel erosion.
Page 8 of 29
City of Federal Way
NPDES Phase II Stonnwater Management Program
Participants are educated on the adverse impacts of litter and other
pollutants on stream health and stability.
(vi) Invasive Plant Removal
SWM coordinates seasonal volunteer events to hand remove invasive
plants from our stream and wetland restoration areas. Participants are
taught the importance of allowing native plants to thrive in these areas.
(c) Vehicle Maintenance
(i) Household Storm water Pollution Prevention Brochure
This brochure describes a series of household practices designed to reduce
stormwater pollution impacts. These practices include environmentally
friendly yard care, and home and vehicle maintenance techniques. This
brochure was created through grant funding provided by the Department of
Ecology's Local Government Storm water Grant.
Vehicle maintenance is also planned to be addressed through the STORM
Group's regional stormwater education campaign.
(d) Landscaping & Buffers
(i) Natural Yard Care
The City of Federal Way actively participates in the Natural Yard Care
Program created by King County. The program otTers a series of three
workshops to teach residents environmentally friendly lawn and
garden care techniques. In addition, Yard Talk, and other Natural
Yard Care programming are run on Federal Way's local government
access channel (Channel 21).
(ii) Lake Friendly Landscape Brochure
SWM staff in cooperation with the Washington State Lake Protection
Association have updated the "Blueprint for a Lake Friendly
Landscape" brochure. The brochure describes native planting
alternatives, encourages the creation of native landscape buffers along
the shoreline and discourages shoreline armoring. The brochure is
designed to reduce the use for fertilizers and pesticides, improve
wildlife values and water quality. The brochure was distributed by
mail to lake residents.
(iii) Taking Care of Streams Brochure
This regional streams brochure originally created by Oregon State
University, promotes stewardship practices in an effort to improve
natural processes and water quality. The brochure was distributed by
mail to all stream front property owners.
Page 9 of 29
City of Federal Way
NPDES Phase II Stonnwater Management Program
ii) The General Public & Businesses (including mobile & home based)
(1) BMPs for Use and Storage of Automotive Chemicals, Hazardous Cleaning
Supplies, Car Wash Soaps and Hazardous Materials
Several ofSWM's existing programs address the BMPs for the use and storage
of automotive chemicals, cleaning supplies, hazardous materials and car wash
soaps including: the Auto Industry Poster, The Restaurant Industry Poster, the
Fish Friendly Car Wash Program and articles in "The Water Log". In addition,
the Household Stormwater Pollution Prevention brochure addresses several of
these topics.
(2) Impacts of Illicit Discharges and How to Report Them
(a) The Spill Hotline
The City" s 24 Hour Spill Hotline was publicized in 2008 through a press
release, as well as in the Household Stormwater Pollution Prevention brochure
and SWM's quarterly newsletter, The Water Log. The Spill Hotline is also
posted on the City"s main web page (www.cityoffederalway.com).
TIle impacts from illicit discharges and how to report them are also addressed in
both the Storm water Pollution Prevention Brochure, Household Storm water
Pollution Prevention brochure and in periodic articles within The Water Log.
Both subjects are also covered in depth on the City's Surface Water
Management web site (www.cityoffederalway.com/swm).
iii) Homeowners, Landscapers and Property Managers
(I) Yard Care Techniques Protective of\Vater Quality & BMPs for Use and
Storage of Pesticides and Fertilizers
The existing Natural Yard Care Program targets homeowners and residential
use of pesticides and fertilizers and encourages environmentally friendly
techniques. The City hopes to target landscaping firms and property managers
through an expansion of the existing Natural Yard Care Program or through the
efforts of the STORM Group. In the interim, the City's local government
access channel runs Natural Yard Care programs seasonally, in an effort to
reach landscapers and property managers, as well as homeowners.
(2) BMPs for Carpet Cleaning and Auto Repair and Maintenance
These topics are primarily addressed through the Auto Industry Poster, the
Catch Basin Curb Marker Program, The Fish Friendly Car Wash Program and
periodic articles in ""The Water Log". SWM currently does not specifically
target carpet cleaning activities.
(3) Low Impact Development (LID)Techniques
In 2008 the City of Federal Way worked with a consultant, funded through a
technical assistance grant from the Puget Sound Partnership, to develop
recommendations for integrating LID techniques into the City's development
regulations. The City plans to create educational materials to promote the use
Page 10 of 29
CilyofFederal Way
NPDES Phase rI SIOm1\valer Management Program
of these LID techniques once they have been integrated and adopted into the
development regulations in 2009.
SWM staff are also examining ditlerent existing educational materials on LID
techniques and design standards, including WSU Extension's "Rain Garden
Handbook".
(4) Stormwater Pond Maintenance
Through SWM's annual private storm system inspection program, SWM
inspectors conduct inspections and identify maintenance requirements of multi-
family and commercial properties with known storm water detention or flow
control facilities. Education of the property owners on maintenance benefits.
and needs is done by our inspectors through verbal communication, postcards,
letters and correction notices. In addition a Maintenance Manual for Private
Stormwater Systems is available on SWM's main web page and this is shared
with the tacility owner.
iv) Engineers, Contractors, Developers, Review Staff and Land Use Planners
(1) Technical Standards for Stormwater & Erosion Control Plans
Technical standards and BMPs for stomnvatcr and erosion control are available
on the City" s web page (~\_~-".:.~\'.,SjI:~~11sdS:!1:!l~\_'Jj_,~_QllL",_\~,:,n,l). In additional a
Single Family Erosion Control Brochure is attached to all single family
construction pennits and distributed by inspection statf.
(2) Low Impact Development Techniques
In 2008 City of Federal Way worked with a consultant. funded through a
technical assistance grant from the Puget Sound Partnership, to develop
recommendations tor integrating LID techniques into the City's development
regulations. These recommendations are due trom the consultant in early 2009.
City staff will evaluate these recommendations in early 2009 and develop LID
code changes and an implementation strategy in the following months. The
City plans to create educational materials to promote the use of these LID
techniques once they have been integrated and adopted into the development
regulations in 2009.
Measure Understanding
(Permit Requirement S5.C, 1.b)
Surface Water Management's existing Education and Outreach Program is designed to
achieve measurable improvements in the target audience - s understanding of storm water '
and water quality impacts and \vhat they can do to help reduce or prevent these impacts.
Specifically, the Education and Outreach Program is designed to raise awareness by
identifying problems (potential pollutant sources) and to change behaviors by identifying
and encouraging the adoption of practices and behaviors to improve and/or protect water
quality.
Page II of29
City of Federal Way
NPDES Phase II Stonmvater Management Program
The following education and outreach program evaluations were conducted in 2008:
i. Natural Yard Care
Pre and post knowledge surveys to identify attendee's retention of natural yard care
techniques were conducted during the Federal Way"s 2008 Natural Yard Care (NYC)
program. Further, the effectiveness King County" s NYC program (utilized by
Federal Way) has been thoroughly evaluated in past years and its success is well
documented.
II. Restaurant Industry Poster
A survey was conducted in 2008 to determine how well the behaviors/practices
identified within the City's Restaurant Industry Poster are being adopted. Based on
the results of the survey the City has begun redistributing the poster and expanded the
target audience to include property owners and proper managers to address the
expanded target audience for maintenance of dumpsters and trash compactors.
III. Fish Friendly Car Wash Program
While no educational materials for this program were evaluated in 2008, City staff
did use tracking information (# of car wash kits checked out each year) over the last
few years to evaluate utilization of the program. The evaluation showed consistent
and at times dramatic increases in the utilization of the car wash kits since the City
began tracking this program in 2005.
Track and Maintain Records
(Permit Requirement S5,C.1.c)
In 2008 SWM staff developed and implemented a spreadsheet for tracking education and
outreach activities pursuant to the NPDES permit requirements.
Page 1201'29
City of Federal Way
NPDES Phase II Stomlwater Management Program
SECTION 2 - Public Involvement and Participation
.. nle 5 f.t?vl P shall include ongoing opportunities for public involvement through advis01Y
councils. H'atershed committees. participation in developing rate-structures. stewardship
programs. environmental activities or other similar activities. Each Permittee shall comply
j,vith applicable 5tate and local public notice requirements when developing their 5WMP. ..
(Permit Requirement 55.C2)
Pursuant to Permit requirements 55.C2.a.. an on-going Public Participation Program must
,be initiated b.v F ebrum}' 16. 2008.
The City of Federal Way encourages residents and interested parties to participate in the
decision making processes involving the update and implementation of the City's
Stormwater Management Prof,'Tam (SWMP), as well as other public involvement and
participation opportunities offered by the City. The City of Federal Way believes public
involv~~ment and participation are important to promoting stewardship of both the City and
its natural environments, Through public involvement, citizens help make a difference in
their quality of life and the quality of our natural habitats and waterways.
Public Participation in Development of SWMP
(Permit Requirement S5,C,2,a & b)
The City of Federal Way Surface Water Management Utility is well established with an
existing rate structure and all of the Pennit programs (i.e. Illicit Discharge Detection and
Elimination, Public Education & Outreach. Construction Site Run-off Inspection, Post
Construction Storm water Inspection. etc,) already in place. As a result, large scale
changes to SWM's existing programs and ordinances are not expected. However, the
SWM programs will be updated to meet the conditions of the permit.
Ongoing opportunities for public participation in the development of the SWMP are
available through the following venues:
i) Public Notices - Public Notices are posted in the local newspaper, the Federal Way
Mirror. Notices identify opportunities for public participation in the development of
the SWMP in the form ofa web site address, e-mail & phone contact information and
the date and time of public meetings.
ii) S\VM Newsletter - The quarterly SWM newsletter, 'The Water Log", is used to
raise awareness of the Permit requirements, update the public on the development of
the SWMP and solicit comments.
iii) SWM Web Page - A link to the City of Federal Way's NPDES Phase II web page
was added to SWM's web page (\\\.\'\,{,.flt\~~nederah\a\'.c()ms\vm) in 2007. The
NPDES Phase II web page provides a general description of the Permit and links to
the Department of Ecology's web site for the Permit and other pertinent information.
Page 13 of 29
City of Federal Way
NPDES Phase II Stonnwater Management Program
The site also describes the progress on the development of the SWMP and displays
the updated SWMP and the Annual Reports as they become available. The web page
also provides links to SWM's existing programs and provides opportunities for public
comment and participation, via e-mail.
iv) Public l\'leetings
(1) Open House - An NPDES Open House was held on October 11,2007 to educate
the public on SWM"s existing programs and the NPDES Phase II Permit
requirements, as well as to solicit input.
(2) Pennit Stakeholders Meeting -The annual public meeting of the development,
permitting and zoning stakeholders (i.e. engineers, architects, developers,
business owners, utilities and public school representatives) is used to raise
awareness on NPDES requirements and to solicit input on program updates.
(3) Land Use and Transportation Committee (LUTC) - An opportunity for
participation in the development ofSWMP is also available to city residents
through LUTC meetings. The LUTC reviews many of the programmatic and
policy changes proposed under the SWMP and allows public comment on all of
their agenda items. The LUTC meets the tirst and third Monday of each month.
Meeting times and agendas can be accessed through the City Calendar web page
(http://ww\v.cityoffederalway.com/page.aspx?view= 192).
(4) City Council - Many of the programmatic and policy changes related to the
SWMP must be reviewed and approved by City Council. Public comments are
accepted during all City Council meetings. [Note: City Councilor the LUTe can
schedule additional public meetings if they deem it necessary to allow tor public
comment/participation.] The City Council meets on the first and third Tuesday of
each month. Meeting times and agendas can be accessed through the City
Calendar web page (http://www.cityoffederalway.com/page.aspx?view=192).
(5) Parties of Record -In addition to the State public noticing requirements, SWM
maintains a Party of Record List. Parties of Record are notified of all new
information and public meetings relating to the SWMP.
Evaluation of Public Comments
(Permit Requirement S5,G.2.a)
No public comments have been received to date, Once public comments are received
they will be categorized by topic and evaluated based on quantity and pertinence to
the subject matter. Public comments will be addressed in the annual SWMP updates.
Page 14 of29
City of Federal Way
NPDES Phase II Stomnvater Management Program
Stewardship Programs & Environment Activities
(Permit Requirement S5,C,2)
SWM currently maintains the following stewardship and environmental activity
programs: the Stream Team, the Lakota Creek Clean Up, Invasive Plant Removal, the
Catch Basin Curb Marker Program, and the Fish Friendly Car Wash Program.
Descriptions of these programs can be found in the Stewardship portions of Section 1
- Public Education and Outreach. SWM web pages are also used to promote
volunteer programs.
Web Page - SWMP and Annual Report
(Permit Requirement S5,C,2,b)
As previously described, SWM's NPDES Permit web page
(w\\w.cit\'ntfcJS:I'lh\i:!i~s)!nllPSlcs) displays both the City's SWMP and Annual
Report as they become available. Pursuant to the Pennit these documents are
updated and posted annually.
Page 15 of29
City of Federal Way
NPDES Phase 11 Stom1\vater Management Program
SECTION 3 - Illicit Discharge Detection and Elimination
'"The SWll1P shall include an ongoing program to detect and remO\'e illicit connections,
dischar,ges as defined in 40 CFR 12L26(b)(2), and improper disposal, including any spills
not under the purview of another responding authorizy, into the municipal separate storm
sewers mvned or operated by the Permittee, Permittees shallfit/(v implement an ongoing
illicit discharge detection and elimination (IDDE) program no later than 180 daJ/s prior to
the expiration date o.fthis Permit, "(Permit Requirement 55.C3)
Pursuant to Permit requirement 55,C3.. a series ofphased deadlines are createdfor the
implementation o.(the Illicit Discharge Detection and Elimination Program beginning with
the creation 0.[ the Illicit Discharge Hotline required as o.f FebruQfY 16, 2009.
The City of Federal Way maintains an active Illicit Discharge Detection and Elimination
(lODE) program. The City actively investigates prohibited discharges and illicit connections
to the City's storm water system in an effort to improve water quality in the City's surface
water resources. Through this program, areas throughout the City are targeted for water
quality inspections based on their potential impacts to the City's surface waters.
Municipal Storm Sewer Map
(Permit Requirement S5,C.3,a)
The City of Federal Way is currently implementing an ongoing program to prepare and
maintain a comprehensive map of the City's municipal separate storm sewer system
(MS4) pursuant to the requirements of sections S5,C.3.a, of the Pennit prior to the
required deadline of February 16, 20 II. The City has mapped approximately 85% of all
known MS4 structures, and has mapped 100% of all known receiving waters. The city is
currently working toward implementing the practices and procedures designed to
complete this effort, including physically surveying all MS4 structures using mobile
GIS/GPS and incorporating these data into ESRI ArcView.
Advances in the City's mapping and database management programs in 2008 were made
possible through funding provided by a Department of Ecology Local Government
Stormwater grant.
Illicit Discharge Detection and Elimination (IDDE) Ordinance
(Permit Requirement S5.C,3,b)
The City of Federal Way has regulatory mechanisms in place that require the
implementation of the best known, available, and reasonable management practices to
prevent the contamination of storm water, surface water, and groundwater:
i) The City implemented an ordinance in 1999 enacting the Surface and Stormwater
section (Chapter 21) of Federal Way City Code (FWCC). Chapter 21 includes
Article IV, Water Quality that was designed to provide minimum requirements for
Page 16 of29
City of Federal Way
NPDES Phase II Stomnvater Management Program
reducing and controlling the discharge of contaminants from commercial,
industrial, governmental, agricultural, residential and other land use activities in
Federal Way through a regulatory mechanism that effectively prohibits non-
storm water illegal discharges, and/or dumping into the City's MS4 to the
maximum extent allowable under state and federal law.
ii) If a violation has been committed, Chapter 21, Article IV is enforced using
Chapter I FWCC, Article III, Enforcement of Code. Chapter I establishes an
efficient, civil administrative system to enforce the development of regulations of
the City.
iii) The Zoning section (Chapter 22) of FWCC includes Article XIII, Division 12,
Water Quality, which establishes water quality standards for water directly
entering the MS4. Pursuant to this code section, all water entering the public
stormwater system (22-1198) from the subject property must meet prescribed
water quality standards.
To meet the requirements set forth in the Permit, the City has reviewed the existing
FWCC and has begun drafting new ordinance language that complies with S5.C.3.bj
lhrough S5.C.3.b.vi of the Pennit. This process will be completed no later than August
16, 2009, pursuant to the requirements of the Permit.
Implementation of lODE
(Permit Requirement S5,C,3,c)
The City maintains an Illicit Discharge Detection and Elimination program which detects
and addresses non-storm water discharges to the City's storm system.
i) Identify Priority Areas
The City has located and identified priority areas likely to have illicit discharges.
The evaluation was based upon a prioritization of sub-watersheds using eight
illicit discharge potential (lOP) screening factors, and determining a raw lOP
score for each sub-watershed.
Field assessments of high priority water bodies will begin no later than February
11,2011, pursuant to Permit requirements.
ii) Assessment/Inspection of Priority Outfalls
The City will develop procedures to assess and inspect priority outfalls as
described within section S5.C.3.c.ii of the Permit using the lOP scores described
above. This element of the lODE program will be implemented by August 19,
2011.
Page 17 of29
City of Federal Way
NPDES Phase II Stormwater Management Program
iii) Procedures Characterizing Nature & Environmental Threat Posed by Illicit
Discharges
The City currently implements a program to detect and address illicit discharges
to the MS4. This program includes an active source control, operations and
maintenance inspection program, and a system to record illicit discharges and
citizen complaints. The program also includes a regulatory mechanism that
effectively prohibits non-storm water illegal discharges, and/or dumping into the
City's MS4 to the maximum extent allowable under state and federal law through
FWCC This program is used to evaluate whether the discharge should be
immediately contained, and includes steps to be taken for containment of the
discharge.
The City continues to review and develop IDDE procedures regarding the
characterization of the nature and environmental threat posed by illicit discharges
to determine compliance with section S5.C3.c.iii of the Permit. Any amendments
or changes to existing procedures needed to meet the requirements of the Permit
will be completed by August 19, 20 II.
iv) Procedures for Tracing the Source of Illicit Discharges
The City's existing IDDE program identities and traces illicit discharges using
visual inspections, mobile cameras, smoke testing, dye testing, and water
sampling throughout the MS4. .
City stafT continue to review and amend the existing IDDE procedures to meet the
requirements and timelines required under section S5.C.3.c.iv of the Permit. This
work will be completed by August 19,2011.
v) Procedures for Removing Source of Illicit Discharges
The existing IDDE program includes noti fication of appropriate authorities,
notitication of property owners, technical assistance for eliminating the discharge,
follow-up inspections, and escalating entorcement and legal actions if the
discharge is not eliminated.
City statf continue to review and amend the existing IDDE procedures to meet the
requirements and timelines required under section S5.C3.c.v of the Permit. This
work will be completed by August 19, 2011.
IDDE Education (Hazards Associated with Illicit Discharges)
(Permit Requirement $5. C, 3.d)
The City's existing public education and outreach program includes educational materials
designed to prevent illicit discharges, by educating business owners and employees on
best management practices and waste disposal techniques (e.g. see Restaurant Industry
Poster and Auto Industry Poster descriptions in Section I of this SWMP).
Page 18 of29
City of Federal Way
NPDES Phase II Stonnwater Management Program
i) Distribution of Materials
City staff will evaluate its existing lODE educational materials to review whether
they clearly identify the hazards associated with illicit discharges. Any necessary
changes to the lODE educational program will be made and new materials
distributed by August 19, 20 II.
ii) Publicly List Phone Number for Reporting Spills
The City's Public Works Department main number (253-835-2700) is publicly
listed for reporting spills or illicit discharges. If this number is called after normal
business, it identifies an after hours number (253-946-6416) which can be called
for reporting after hour spills. This number has been publicized on the web, and
in the Water Log and other educational materials.
lODE Assessment, Evaluation and Tracking
(Permit Requirement S5.C.3.e)
The City's existing lODE program tracks and documents information regarding spill
types, number of spills, illicit discharge types, number of illicit discharges, and
inspections.
City staff continues to develop and implement procedures to fully track, assess and
evaluate the lODE program. Completion of this effort is expected by August 19,2011.
Municipal Field Staff Training
(Permit Requirement S5,C,3,f)
i) lODE Level A Training - Investigation, Reporting and Clean Up
Through the City's existing lODE program some training has been provided to all
field staff responsible for identi fication, investigation, termination, cleanup and
reporting of illicit discharges. Prior to August 19, 2009 the City will evaluate and
refine its existing and ongoing training program to ensure compliance with
section S5.C.3.f.i of the Permit.
ii) lODE Level B Training - All Municipal Field Staff
Prior to February 16, 2010, the City will create and implement an ongoing
training program to train all municipal field staff, which as a part of their normal
duties may observe an illicit discharge. This level of training will focus on the
identification of illicit discharges/connections and how to report or respond to
these illicit discharges/connections. This level of training will likely be required
for staff from most of the City Departments including: Public Works, Community
Development, Parks and Public Safety.
Page 19 of29
City of Federal Way
NPDES Phase II Stonnwater Management Program
The City also plans to provide the necessary follow-up training as needed to
address changes in procedures, techniques or requirements. All training records
(including course information and the staff trained) will be documented and
maintained.
Page 20 of 29
City of Federal Way
NPDES Phase II Stormwater Management Program
SECTION 4 - Controlling Runoff from Construction Sites
''Each Permittee shall develop. implement. and enforce a program to reduce pollutants in
stormlvater runoflto a regulated small MS4from nel1' development. redel'elopment and
construction site activities, This program shall be applied to all sites that disturb a land area
I acre or greater, including projects less than one acre that are part ofa larger common
plan of the development or sale. The program shall app~v to private and public development,
including roads. The .. Technical Thresholds" in Appendix I shall be applied to all sites I
acre or greater, including projects less than one acre that are part ofa larger common plan
of the development or sale. .. (Permit Requirement S5.C4)
Pursuant to Permit requirement S5.C4.a., a construction site runoffprogram must be in
place by August 16, 2009.
The City of Federal Way recognizes that construction site run-off is a major contributor to
water quality degradation in the greater Puget Sound region. To address this issue and to
better protect our natural waterways, the City's current construction site run-off program
already exceeds the minimum requirements of the Permit in many respects. Construction site
run-ofT is reviewed and inspected for all construction projects, ranging from single family
structures to large commercial developments. The responsibility fc)r plan review and
inspection are shared between the Surface Water Management and Development Services
Divisions of the Public Works Department.
Program Ordinance and Enforcement Mechanisms
(Permit Requirement S5,C.4,a)
i) Minimum Requirements, Technical Thresholds and Definitions
The 1998 King County Stormwater Design Manual as amended by Federal Way City
Code 21-9 is the current standard enforced by development review and inspection
stafT when evaluating stormwater and erosion control requirements for all
construction projects in the City. Thresholds for permit review are determined by the
City's Land Modification Code (FWCC 22-1091 through 22-1095) and the 2007
International Building Code.
City staff are re.viewing and preparing and addendum for the adoption and
implementation of the 2009 King County Surface Water Design Manual, which is
pending final approval as an equivalent to the Department of Ecology's (DOE) 2005
Stormwater Manual. City staff are also reviewing the Land Modification Standards
thresholds to ensure consistency with the minimum technical requirements.
ii) Site Planning Process & BMP Selection
The City uses the 1998 King County Manual for BMP selection and design criteria.
The current site planning process is established in Chapter 22 of Federal Way City
Code. The City's BMP selection and the site planning process will be updated
through the adoption of the 2009 King County Surface Water Design Manual (2009
KCSWDM). .
Page 21 of29
City of Federal Way
NPDES Phase II StoIDlwater Management Program
iii) Legal Authority to Conduct Inspections
The legal authority to conduct inspections on new developments is b'Tanted during
construction pursuant to an access agreement allowed under Federal Way City Code
(FWCC) 22-153. Authority to conduct post construction inspection of private
drainage facilities discharging to the City's storm system from new development is
established through drainage covenants, conditions attached to the final permit, and
through FWCC 21.16.
iv) Provisions to Allow Low Impact Development (LID) or Other Non-Structural
Improvements
Non-structural preventive actions and source control improvements measures, such as
LID, are currently allowed through the variance process.
In 2008 City of Federal Way worked with a consultant, funded through a technical
:1ssistance grant from the Puget Sound Partnership, to develop recommendations for
integrating LID techniques into the City's development regulations. lllese
recommendations are due from the consultant in early 2009. City staff will evaluate
these recommendations in early 2009 and develop LID code changes and an
implementation strategy in the following months.
v) Erosivity Waiver
The City of Federal Way has evaluated the option of creating an Erosivity Waiver as
described within Appendix 1 of the Permit. The Erosivity Waiver is designed
primarily for arid areas, such as Eastern Washington and has a very limited
applicability to Federal Way given our existing soil types and rainfall patterns. As a
result the City has decided not to make this option available in the site plan review
requirements.
Permitting Process with Review, Inspection and Enforcement
(permit Requirement S5,CA,b)
The City's existing permitting process includes plan review, inspection and enforcement
capabilities which meet the majority of the requirements of the permit as described
below. City stafT are refining this process to determine how best to modify our existing
program to meet the needs of the City and the requirements of the Permit.
i) Review of Stormwater Site Plans
The Development Services Division of Public Works ensures that development
within the City of Federal Way meets current city codes and development standards.
Development Services works to accomplish this goal by being involved in all types
and phases of development within the City, providing technical project review,
project pennitting and construction inspection. Code authority to conduct site plan
review is granted through the Subdivision and Zoning Codes (FWCC 20 & 22). The
Development Services Division site plan review process includes review criteria for
both stormwater design and construction site erosion sedimentation control (King
Page 22 of 29
City of Federal Way
NPDES Phase II Stonnwater Management Program
County, Washington Surface Water Design Manual 1998). City staff are currently
evaluating the necessary code and policy changes required to implement the 2009
KCSWDM.
ii) Site Inspection Prior to Clearing and Grading
The responsibility for construction site inspection is divided between two divisions of
the Public Works Department. The Development Services inspectors are responsible
for inspection of plats, multi-family and commercial development. A "Pre-
Construction Meeting-- is required for all construction sites prior to any clearing and
grading on the site. Development Scrvices currently conducts this meeting with the
contractor at City Hall, rather than at the construction site. City staff are in the
process of refining this procedure to meet the site inspection requirements of the
Pennit.
The Surface Water Management inspectors are responsible for conducting erosion
control inspection for all single family construction. Prior to any clearing and grading
activity on the construction site, a Pre-Construction inspection is conducted on site
with the contractor to review initial erosion control requirements and the inspection
process,
iii) Erosion Sedimentation Control Inspection During Construction
A minimum of two erosion control inspections are conducted by City inspection statf
between the Pre-Construction Meeting/Inspection and Final Inspection to ensure
erosion control measures are being maintained throughout the construction stage of
the project.
iv) Final Inspection of Development Sites Upon Completion of Construction
A final or pern1anent erosion control inspection is conducted prior to final building
permit approval of single-family, multi-family and commercial construction.
v) Inspection History/Record Keeping
Records of inspections are currently being kept through a data base permit tracking
system, However, the manner in which records are kept between the two divisions
(Development Services and Surface Water Management) differs. City staff are
currently amending the inspection tracking system to provide consistency between the
two divisions and to simplify the reporting process.
vi) Enforcement Strategy
The ability to conduct enforcement of erosion control and storm water requirements is
provided within the City's existing development review and inspection process
(FWCC 1-14 through 1-23, 21-15, International Building Code R 113 & R 114).
While no formal tiered strategy has been adopted, inspectors have the ability and
discretion to issue verbal or written corrections depending on the scale of the problem
and to issue Stop Work Orders/Notices of Violation if corrections are not completed
or if significant violations are discovered.
Page 23 of 29
City of Federal Way
NPDES Phase II Stomlwater Managemenl Program
City staff are reviewing enforcement codes and the enforcement strategies between
the two inspection teams and plan to make modifications to these inspection programs
to develop a common enforcement strategy, as well as provide training to ensure
these strategies are consistently applied.
vii) Erosivity Waiver
As discussed previously, the City will not be adopting the Erosivity Waiver option
identified in the permit due to its limited applicability in this area.
Inspection Program to Verify Long- Term Operation & Maintenance
of Stormwater Facilities
(Permit Requirement S5.C.4,c)
i) Adoption of Ordinance or Enforceable Mechanism
An enforceable mechanism requiring long-term operation and maintenance of storm
systems on new developments is in place. Covenants are attached to all new
developments with storm water detention and flow control facilities at the time of final
approval. The covenant both allows access for inspection and requires long term
operation and maintenance of stormwater facilities. (FWCC 21-27 & 21-28)
ii) Establish Maintenance Standards
Maintenance standards for privat~ storm water systems are available on the SWM's
main web page (www,citvoffcderalwav.comswm). City staff plan to initiate review
of the existing maintenance standards to ensure they meet the standards specified in
Chapter 4 of Volume V of the 2005 Stormwater Management Manual for Western
Washington. City staff are also actively participating in the NPDES ROAD MAP
Forum (the NPDES Regional Operations and Maintenance Forum) to stay informed
of the review of existing regional maintenance standards.
iii) Conduct Annual Inspections of Treatment & Flow Control Facilities
The City" s existing inspection program also includes annual post construction
inspection of all known private commercial storm water treatment and flow control
facilities.
iv) Inspection of Large Common Plan Development's Storm water Facilities During
Residential Constructions
Under the existing system all subdivisions and planned unit developments containing
storm systems are encouraged to dedicate these storm water facilities to the City at the
time of final approval. The developer/owner is required to create and maintain a two-
year maintenance bond to ensure the owner continues to maintain these facilities
during the first two years (most often the heaviest construction period) following final
approval. SWM maintenance and inspection staff conducts periodic inspection of
these facilities during the period of the maintenance bond to identify the maintenance
needs and enforce compliance with maintenance standards. The City takes over
operation and maintenance of these facilities once the maintenance bond is released.
Page 24 of 29
City of Federal Way
NPDES Phase II Stoffil\Vater Management Program
In 2009 SWM plans to evaluate and modify (if necessary) this existing program to
ensure the inspection frequency during the two year maintenance bond meets the
minimum requirements specified within the Permit.
Tracking Inspections, Enforcements, Warnings and Violations
(Permit Requirement S5,C.4.d)
Records of inspections and enforcements regarding long term maintenance of private
stormwater systems are maintained under our existing inspection programs. However,
S WM staff are reviewing and evaluating our record keeping procedures in an effort to
simplify reporting on the different aspects of this program.
NPDES Forms Available to the Public
(Permit Requirement S5.G.4,e)
NPDES Construction Storm water General Permit Focus Sheets have been made available
at the City's Permit Center since June of2007. Pursuant to a communication from the
Department of Ecology dated May 30,2007, these focus sheets may be made available to
the public in lieu of the application (Notice of Intent). In addition, during the
development review process, the City" s Development Services staff notifies developers if
the project meets the one acre threshold for the NPDES Construction Stormwater General
Permit.
Verification Staff Responsible for Program Implementation are
Trained
(Permit Requirement S5, C.4,f)
All permanent construction site run-off inspection staff have attained or will attain the
Certified Erosion Sedimentation Control Lead (CESCL) certification or higher.
Development review staff and post construction inspection staff are trained under our
existing development review criteria and maintenance standards.
As these existing programs are modified to meet the requirements of this Permit, the City
will ensure that prior to August 161h 2009: all staff responsible for the implementation of
these programs are trained on the pertinent changes to these programs.
Page 25 of 29
City of Federal Way
NPDES Phase II Stom1\\"ater Management Program
SECTION 5 - Pollution Prevention and Operations and
Maintenance
"Within three years of the effective date of this Permit. each Permittee shall de~'elop and
implement an operations and maintenance (O&M) program that includes a training
component and has the ultimate goal 0.[ preventing or reducing pollutant run-o.UFom
municipal operations," (Permit Requirement 55.C5.)
Pursuant to Permit requirement 55.C5.. all elements o.fthe operations and maintenance
program must be in place by February 16.2010,
The City of Federal Way maintains a proactive and effective maintenance program of the
City's drainage infrastructure, which includes catch basins, pipes, open channels, as well as
residential and regional retention/detention facilities. SWM conducts regular inspection and
maintenance of these facilities to ensure they are functioning properly - reducing the
incidence of flooding and providing water quality treatment.
Maintenance Standards
(Permit Requirement $5, C. 5. a)
The Surface Water Management Division has maintenance standards in place prior to the
effective date of this Permit (Stonnwater System Operations & Maintenance Manual,
KCM. June 1997). Regular maintenance ofSWM's facilities is conducted by SWM
Maintenance staff consistent with the adopted standards to ensure stormwater facilities
are functioning properly.
SWM staff are currently evaluating the City's existing maintenance standards in
comparison to regional standards (the Regional Road Maintenance ESA Program
Guidelines & Chapter 4 of the 2005 Stonnwater Management Manual for Western
Washington) to determine what changes are necessary to meet the minimum
requirements of this Permit. In addition, SWM staff are actively participating in the
Regional NPDES O&M Forum, known as NPDES ROAD MAP, which is also evaluating
regional maintenance standards for compliance \vith NPDES permit requirements.
Annual Inspections
(Permit Requirement $5.C,5,b)
Under SWM's existing program, all known municipally owned or operated storm water
treatment and flow control facilities are inspected and maintained at a minimum.
annually. All known City owned or operated stormwater retention/detention ponds are
currently inspected and maintained twice a year.
SWM staff are currently developing an Operations and Maintenance record keeping
system to track all required inspections and maintenance of the City's storm water
Page 26 of 29
City of Federal Way
NPDES Phase II Stonnwater Management Program
facilities. 111e tracking system will be implemented prior to the February 16,2010
deadline.
Spot Check Inspections
(Permit Requirement SS.G.S.c)
SWM maintains a "Hot Spot'" list of stormwater facilities which can potentially be
damaged from major storm events. SWM staff conducts .'Spot Check" inspections of
these locations on the Hot Spot list during and after major storm events to ensure the
systems are functioning properly and to determine any maintenance or repair needs.
SWM then conducts appropriate maintenance and repairs within a timely manner.
CB and Inlet Inspections
(Permit Requirement SS,C.S.d)
SWM's existing catch basin monitoring program monitors sediment levels in catch basins
and inlet structures. Sediment levels in catch basins (CBs) have been monitored over a
period of seven years. Based on the information gathered, the City has been divided into
seven sub-areas or circuits. Sampling locations have been established within each circuit.
W:l(;;, sediment levels equals or exceeds 50% of the capacity of the CB sump on average
in the sampling circuit, all CBs and inlet structures in that circuit are cleaned. In
addition, high use areas (such as arterials) in each sub-area are cleaned annually.
Prior to the end of the Permit period, SWM will review the existing sampling locations
for all circuits to ensure the minimum CB sampling requirements identified in the Permit
are met.
Compliance with Inspection Requirements
(Permit Requirement SS,G.S,e)
While the City is currently meeting the majority of the inspection requirements identified
in the above sections, prior to February of201O, SWM staff will evaluate and modify our
existing programs as necessary with the intent of meeting the minimum 95% goal for
inspection of all sites.
Practices to Reduce Stormwater Impacts
(Permit Requirement SS.C,S,f)
As a part of the review of maintenance standards SWM staff plans to refine and where
necessary establish and implement practices and procedures to reduce storm water
impacts associated with runoff from streets, parking lots, roads and highways owned or
maintained by the City, as well as road maintenance activities conducted by the City.
Activities that will be addressed include: pipe & culvert cleaning, ditch maintenance,
street cleaning, road repair and resurfacing, snow and ice control, utility installation,
pavement striping, maintaining roadside areas and vegetation, and dust control.
Page 27 of 29
City of Federal Way
NPDES Phase II Stonnwater Management Program
These practices are also being reviewed by the NPDES ROAD MAP f,rroup. The NPDES
ROAD MAP group is currently reviewing existing manuals such as the ESA Regional
Road Maintenance Manual to determine there applicability and compliance with NPDES
requirements in regards to Operations & Maintenance practices and activities.
BMPs to Reduced Pollutants Discharged from City Lands
(Permit Requirement S5,C.5.g)
Prior to February 2010, City staff plans to review and if necessary, modify policies and
procedures regarding the maintenance and operation of all lands owned or maintained by
the City in an effort to reduce the discharge of storm water pollutants. These lands will
include, but are not limited to: parks, open space, road right-of-way, maintenance yards.
and stonnwater treatment and flow control facilities. Policies and procedures to be
. addressed include: application of fertilizers, pesticides and herbicides, sediment and
erosion control, landscape maintenance, vegetation disposal, and cleaning and
maintenance of building exteriors.
Develop & Implement On-Going Training
(Perrr;! Requirement S5. C. 5,h)
The City plans to develop and implement an on-going training program for employees
whose construction, operations or maintenance job functions may impact water quality.
The training program will address the importance of protecting water quality, the
requirements of this Permit, operations and maintenance standards, inspection
procedures, BMP selection, ways to perform their job activities to prevent or minimize
impacts to water quality and procedures for reporting water quality concerns, including
potential illicit discharges. The City will provide follow-up training as needed to address
changes in procedures, techniques or requirements. The City will also track and maintain
records of training provided.
The broad scope of training will affect staff from most of the City Departments including,
Public Works, Community Development, Public Safety, and Parks, Recreation and
Cultural Services.
Develop and Implement SWPPPs (Heavy Equipment and Storage
Yards)
(Permit Requirement S5.C,5.i)
The City will develop and implement a Stormwater Pollution Prevention Plan (SWPPP)
for all heavy equipment maintenance or storage yards, and material storage facilities
owned or operated by the City in areas subject to the City's Permit that are not required
to have coverage under the Industrial Stormwater General Permit. Implementation of
non-structural BMPs will begin after the pollution prevention plans are developed. A
schedule for implementation of structural BMPs will be included in the SWPPP. Generic
SWPPPs that can be applied at multiple sites may be used to comply with this
Page 28 of 29
City of Ferleral Way
NPDES Phase II Stormwater Management Program
requirement. The SWPPP will include periodic visual observation of discharges from the
facility to evaluate the effectiveness of the BMPs.
Record Keeping and Tracking
(Permit Requirement S5_C_5_j)
The City will maintain records of inspections and maintenance or repair activities in
accordance with the S9 Reporting Requirements of the Permit. While an existing
tracking program is in place for many of the required elements of the O&M Section of
the Permit, methods of record keeping and tracking vary between the program elements.
SWM staff are currently developing an O&M record keeping system to track all required
inspections and maintenance of the City's storm water facilities. The tracking system will
be implemented prior to February 16, 20 I 0 deadline.
Page 29 of 29
City of Federal Way
NPDES Phase II Stonnwater Management Program
.~
CITY Of : ..... .. ,
Federal Way
The NPDES Western Washington Phase II
Municipal Stormwater Permit
2009 Annual Report and Stormwater
Management .erogram Update
Presellfed By:
Jt'ill Appletl1n, P.E
Surface Water '\lfanager
&
Don Robinett, CPESC
ESA &VPDES Coordinator
National Pollutant Discharge
Elimination System (NPDES) Permit
. A component of the Federal Clean Water
Act, administered by DOE
. Municipal Permit regulates MS4's
. February 16, 2007
. Reduce point source and non-point source
pollution carried by stormwater
Annual Report
Annual Report
. Annual Report due by March 31 st of each year
. Report covers January 1st through December 31st of
previous year
. A checklist (92 items) intended to measure
progress with respect to the permit requirements
. City is on track to meet the permit requirements
within the required timeframes
ormwa er _anagemen
Program
(SWMP)
. A planning document describing our applicable
existing programs and our intent to modify these
programs to meet the permit requirements
. One of the primary requirements of the Permit
. Includes fiye major program elements:
1) Public Education and Outreach
2) Public Involvement and Participation
3) Illicit Discharge Detection and Elimination
4) Construction Site Run-Off
5) Operations and Maintenance of Post Construction
Stormwater Facilities
2
2008 Progress Report
. Education and Outreach program
. On track for meeting permit deadlines
· Developed Household Pollution Prevention Brochure
· Utilizing Cable Channel 21 to expand target audience
. Publicized Spill Hotline
· Began measuring and evaluating existing programs
. Developed tracking system
2008 Progress Report
. Public Involvement Program
. 1000/0 Compliant - Ongoing
· Expanded program to include annual Permit
Stakeholders Meeting
3
2008 Progress Report
. Illicit Discharge Detection and Elimination
Program
. On track for meeting permit deadlines
. Spill Hotline tracking system implemented
. Training Program for field staff nearly
complete
. Drafting SWM enforcement code changes
. Significant expansion of infrastructure
mapping
. Developing and implementing inspection,
2008 Progress Report
. Construction Site Run-Off
. On track for meeting permit deadlines
. Worked under Puget Sound Partnership grant
to develop Low Impact Development (LID)
integration recommendations
. Initiated process to review and adopt 2009
King County Surface Water Design Manual
. Began drafting revisions to Stormwater
Ordinance and other pertinent City codes
4
2008 Progress Report
. Operations and Maintenance
. On track for meeting permit deadlines
. Developing GIS linked asset management and
inspection tracking data base system
. Developing Stormwater Pollution Prevention
Plans for City owned and operated heavy
equipment maintenance and storage yards
. Reviewing maintenance standards policies and
procedures
2009 NPDES Deadlines
February 16, 2009
. Education and Outreach Program targeted all required
audiences and subject areas by permit deadline
August 16, 2009
. Revise Stormwater Ordinance to address IDDE requirements
. Adopt and implement 2009 King County Surface Water Design
Manual
. Modify inspection tracking system for development and
redevelopment projects
. Formalize inspection and enforcement policies and procedures
. Revise existing land use, stormwater and development
ordinances to allow for liD
. Train all pertinent City staff on all of the above changes
. Implement a IDDE Level A Training Program (Investigation,
Reporting and Clean Up) for municipal field staff
5
Questions
6
\'\<A.rCoh
COUNCIL MEETING DATE: ~17, 2009
ITEM #: 5. 'n .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2008 Bulletproof Vest Partnership Grant
POLICY QUESTION: Should the Federal Way Police Department accept the 2008 Bulletproof Vest Grant
awardfor $8,426.00 to pay for 50% of the costs for 22 new bulletproofvests?
COMMITTEE: Parks, Recreation, Human Services & Public Safety Committee
'Mc.r,-~
MEETING DATE:-Feb 10,2009
CATEGORY:
Xl Consent
---"
City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REPORT By: Commander Steve Neal
Attachments:
1. Staff report to Parks, Recreation, Human Services and Public Safety Committee
DEPT: Police Department
Options Considered:
1. Authorize the City Manager to accept the 2008 Bulletproof Vest Grant award in the amount of $8,426.00.
a, The benefit of accepting this grant will save $8,426.00 in the Police Department's budget.
2. Do Not authorize the City Manager to accept the 2008 Bulletproof Vest Grant award in the amount of
$8,426.00.
a. If the grant is not accepted, the Police Department will have to assume the entire cost of the new
~~!!~~~~9.rYl?~!~'.l:!!hl?(;9.~!~t$l~,?'?~:QQ:mm
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL:
-f!iii- DIRECTOR ApPROVAL:
h)A..Jt>>:I l-cU-.1t.$)
tJ t.hIJ~ p, iJ./rv.,
Committee Council
COMMITTEE RECOMMENDATION: Parks, Recreati and Public Safety Committee recommends Option L
~4J1~
Committee Chair
Committee Member
PROPOSED COUNCIL MOTION: "] move for approval of the 2008 Bulletproof Vest Grant Award and
Authorize the City Manager Accept the Grant.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
City of Federal Way
PARKS, RECREATION, HUMAN SERVICES, AND PUBLIC SAFETY
To:
Parks, Recreation, Human Services & Public Safety Council Committee
From:
Brian J. Wilson, Chief of Police
Via:
Neal J. Beets, City Manager
Date:
February 10, 2009
Subject:
2008 Bulletproof Vest Partnership Grant
POLICY QUESTION:
Should the Police Department receive grant funding in 2008 from the Office of Justice
Program (OJP) to offset 50% of the costs for the purchase of 22 new bulletproof vests for
police officers?
BACKGROUND:
The purpose of the Bulletproof Vest Partnership Act is to provide funding for 50% of the
cost of bulletproof vests. Priority funding is given to smaller jurisdictions with populations
under 100,000. The Police Department has participated in match grant funding in the
previous years of 1999 - 2006.
The intent of the Police Department is to use this grant money to purchase 22 new
bulletproof vests at a cost of approximately $766.00 a vest, totaling $16,852.00. The grant
request amount from OIP will be for $8426.00 with a local department match of$8426.00.
COUNCIL MEETING DATE: March 17, 2009
. ...................................................................................................._.......................~..m'...... .... .............................. ...................................
.
ITEM #:~.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Interlocal Agency Agreement with Seattle PD, W ASPC Grant, Gang Related Crime
POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department enter into an
Interlocal Agreement with the Seattle Police Department to accept a portion of Seattle's W ASPC Grant
to use for Overtime in Gang Related Investigation?
COMMITTEE: Parks, Recreation, and Public Safety Council Committee
MEETING DATE: March 10,2009
CATEGORY:
[8J Consent
D City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~~~"~~Q~!~x:gC:?~~~~~~.,~y~.~.~~.'?:P!.~!.,
Attachments:
1. PRHS&PS Memo
2. Interloca1 Agency Agreement with Seattle PD, W ASPC Grant, Gang Related Crime
DEPT: Police Department
Options Considered:
1. Accept Interloca1 Agency Agreement
2. Reject Interloca1 Agency Agreement
STAFF RECOMMENDATION: Staff recommends Option 1.
CITY MANAGER ApPROVAL:
DIRECTOR ApPROVAL: ./lU)f>..;(}J,Jj;1iJ9 dWi/M ~Jttvc,
Committee Council
COMMITTEE RECOMMENDATION: PRPS recommends Option i
6~
Committee Member
Committee Chair
PROPOSED COUNCIL MOTION: "1 move rpproval of the Interlocal Agency Agreement, with the Seattle Police
Department, to accept a portion of the WASPC Grant Related to Gang Crime, and Authorize Chief of Police
Brian Wilson to sign such Agreement, "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED:,) ACTION
o MOVED TO SECOND ,; ADING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
DATE:
TO:
VIA:
FROM:
SUBJECT:
Background
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
March 10, 2009
Parks, Recreation, Human Services and Public Safety Council Committee
Neal J. Beets, City Manager
/7~
Brian J. Wilson, Chief ofPolicp
Interlocal Agency Agreement with Seattle PD, W ASPC Grant, Gang Related Crime
The purpose of this agreement is to make the Federal Way Police Department eligible for up to
$5,000 in reimbursement for pre-approved overtime to assist in the investigation and prosecution
of gang related crime. The Funding source: Seattle PD is the recipient of a $25,000 W ASPC
grant, which the Seattle Police Department seeks to divide among five partnering agencies. The
Federal Way Police Department has been invited to participate as one of the five agencies.
1
Interagency Agreement
Executed by
Seattle Police Department (SPD), a department ofthe
City of Seattle, hereinafter referred to as "SPD",
Department Authorized Representative: Lt. Ron Wilson
610 5th Avenue
PO Box 34986
Seattle, W A 98124-4986
and
Federal Way Police Department (FWPD) a department of the
City of Federal Way, hereinafter referred to as "FWPD",
Department Authorized Representative: e~:::.e 'I -;So \l\.e.s.
33325 8th Ave S
PO Box 9718
Federal Way, WA 98063-9718
WHEREAS, SPD is the recipient of a grant through the Washington Association of Sheriffs and
Police Chiefs (W ASPC) to assist in the investigation and prosecution of gang related crime; and
WHEREAS, SPD oversees and convenes bi-weekly meetings of a multi-jurisdictional Special
Gang Enforcement Taskforce intended to reduce crime and related activities perpetrated by
identified criminal gangs in hot spot emphasis areas through a coordinated and comprehensive
application of enforcement activities focusing on the dismantling of these criminal organizations;
NOW THEREFORE, the parties hereto agree as follows:
This Interagency Agreement contains seven (7) Articles:
ARTICLE I: TERM OF AGREEMENT:
The term of this Interagency Agreement shall be in effect until June 30, 2009 unless terminated
earlier pursuant to the provisions hereof.
ARTICLE II~ DESCRIPTION OF SERVICES
Under the direction ofSPD's Gang Lieutenant, who will function as the Coordinator of the Special
Gang Enforcement Taskforce, SPD officers along with FWPD officers will implement a
coordinated approach to reducing crime and related activities perpetrated by identified criminal
gangs in hot spot emphasis areas.
SPD will utilize W ASPC grant funding to reimburse participating FWPD officers to work on a pre-
approved overtime basis, under the coordination of SPD's Gang Unit Lieutenant, to conduct pro-
active and follow-up investigations in identified hot spot areas; and to reimburse pre-approved
overtime worked by FWPD Crime Analyst personnel for collecting, tracking, and reporting gang-
crime data. In order to be reimbursable, overtime worked by FWPD personnel must be approved in
advance by SPD's Gang Lieutenant.
SPD may, at its sole discretion, utilize W ASPC grant funding to purchase investigative equipment
to assist the Taskforce in conducting gang investigations and collecting and reporting gang-crime
data, i.e. a laptop, software license, air card, digital camera, and/or digital audio recorder.
ARTICLE III: OPERATIONAL STANDARDS
FWPD agrees to participate in the Special Gang Enforcement Taskforce and attend bi-weekly
meetings of the group.
FWPD agrees to attend court proceedings relating to cases that arise from working on the Special
Gang Enforcement Taskforce at the employing jurisdiction's expense.
FWPD agrees that informants are managed by the jurisdiction that the investigation arises out of.
FWPD will maintain accurate records pertaining to gang contacts, investigations, and arrests, that
will be collected and forwarded not less than monthly to Lt. Ron Wilson, Seattle Police Department,
610 5th Avenue, PO Box 34986, Seattle, W A 98124-4986, to ensure timely quarterly statistical
reporting to W ASPC. (A Gang-Crime Data Reporting Form is included as an attachment to this
Agreement. )
ARTICLE IV: LIABILITY
FWPD agrees to indemnify and hold the City of Seattle, its employees, officers and agents and
SPD harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogation or
other damages resulting from injury to any person (including injury resulting in death) or damage
(including loss or destruction) to property, of whatsoever nature, of any person arising out of or
incidental to the FWPD's participation in the Special Gang Enforcement Taskforce.
FWPD agrees that any and all work related injury or illness incurred by a FWPD employee while
working on this Special Gang Enforcement Taskforce shall be covered by the employee's
employing jurisdiction, the City of Federal Way.
Each jurisdiction participating as a member of the Taskforce shall assume liability for any and all
personal injury, property damage, third party damage, or other damage resulting from a vehicle
collision that occurs while acting in furtherance of, participation in, or incidental to the Taskforce
and its mission.
Each jurisdiction participating as a member of the Taskforce shall be solely liable for any and all
claims, lawsuits, losses, costs, expenses, judgments, or other damages arising out of that
jurisdiction's employees' actions or inactions while working on the Taskforce. Therefore, liability
of one Taskforce jurisdiction that arises out of acting in furtherance of the Taskforce and its mission
Page 2 of 4
shall not automatically attach to any other participating jurisdiction based upon Taskforce
membership alone.
ARTICLE V: VENUE STIPULATION - DISPUTE RESOLUTION
This agreement shall be construed as having been made and delivered between the City of Seattle
and the City of Federal Way and the laws of the State of Washington shall be applicable to its
construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the
enforcement of this agreement or any provision hereto shall be instituted in King County, Seattle,
Washington.
ARTICLE VI: REIMBURSEMENT
Requests for reimbursement will be made on a monthly basis and should be forwarded to SPD as
soon as practical after the first of the month that follows the month for which reimbursement is
requested. Such requests should be forwarded by the\"'t, o~ ~Q..\;..:iGl,.\ "L"'\ll:.::..t\~c..ti<:J"\S to SPD's
Gang Lieutenant for his review, approval, and submission to SPD's chain of command for
processing. Overtime reimbursements for FWPD persormel assigned to the Special Gang
Enforcement Taskforce will be calculated at the usual rate for which the individual deputies' time
would be compensated in the absence of this agreement, excluding FICA and retirement benefits.
Each request for reimbursement will include the name, rank, overtime compensation rate, number
of reimbursable hours claimed and the dates of those hours for each officer for whom
reimbursement is sought. Each reimbursement request must be accompanied by a certification
signed by an appropriate supervisor of the department that the request has been personally
reviewed, that the information described in this paragraph is accurate, and the personnel for whom
reimbursement is claimed were working on an overtime basis with the Special Gang Enforcement
Taskforce.
The maximum amount to be paid under this agreement shall not exceed five thousand dollars
($5,000). Requests for reimbursement must be received by SPD by June 30, 2009 to be payable.
ARTICLE VII: AMENDMENTS
No modification or ,amendment of the provisions hereof shall be effective unless in writing and
signed by authorized representatives of the parties hereto. The parties hereto expressly reserve the
right to modify this Agreement, by mutual agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by having their
representatives affix their signatures below.
FEDERAL WAY POLICE DEPARTMENT
SEATTLE POLICE DEPARTMENT
Brian Wilson, Chief of Police
R. Gil Kerlikowske, Chief of Police
Date:
Attachment: Gang-Crime Data Reporting Form
Page 3 of 4
Gang -Crime Data Reporting Form
Special Gang Enforcement Targeting Gang Crime
1. Number of arrests related to Gang Crime:
Comments:
2. Number of gang investigations/arrests involving a drug trafficking organization (DTO):
Comments:
3. Number of overtime hours spent on gang-related activity:
Comments:
4. Number of officer field contacts made:
Comments:
5. Number of gang members and gang affiliates contacted:
Comments:
6. Number of gang related crimes in jurisdiction:
Comments:
',-,..
7. Number of gang related arrests in jurisdiction:
Comments:
8. Number of gang related investigative reports involving weapons:
Comments:
Page 4 of 4
COUNCIL MEETING DATE: March 17,2009
.
I!~~_!:_ --S.U'--",
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: LAUREL WOOD PROPERTY DONATION
POLICY QUESTION Should the City accept the transfer of two parcels of land from Laurelwood Community
Club?
COMMITTEE: PRHSPS
MEETING DATE: March 10, 2009
CATEGORY:
IZI Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other:
~!~~~..~~Q~!,~y':",~!.~ph~~..!!<.~F~'..,~!~!i!p':!:>.~g~,P.i!~~!?!:..__"",__. ____ DEP~_:_PRCS
History: Laurelwood Community Club who owns two parcels since the 1960's, sent a letter to the City Council
dated April 21, 2008 offering to transfer this property to the City. The letter indicated that the Community
conducted a secret ballot vote and the consensus was unanimous to transfer these two parcels to the City of
Federal Way (#4222800370 & #0421049219). The club members furtherrequested that this property would
continue to be used as a Park and Greenbelt.
Staff understands that there is approximately $8,453.00 in back taxes owed to King County. Staff contacted the
County for additional information, and the County replied with this statement: "If Laurelwood does not pay the
taxes and the City of Federal Way does not assume ownership, the property will go into tax foreclosure. This will
actually happen next year because the 2006 tax is unpaid. Foreclosure begins when we file the Certificate of
Delinquency in King County Superior Court. This filing will be sometime around the latter part of May, 2009.
The actual tax foreclosure sale would take place in mid December, 2009. "
The Parks Commission discussed this offer on November 6, 2008 and voted to recommend to Council to accept.
Should the Council accept this donation, the City would use a Title Company to secure the property for the cost of
back taxes and associated closing cost.
Options Considered: Accept the donation, or do not accept the donation.
Attachments: Site letter to Council
STAFF RECOMMENDATION: Staff recommends Council accept the donation of parcels #4222800370 &
#0421049219 from Laurelwood Community Club and authorize staff to secure the property.
OPOSED COUNCIL MOTION: "I mov 'PProval to accept the donation of parcels #4222800370 &
#0421049219 from Laurelwood Community Club and authorize staff to secure the property.
DIRECTOR ApPROVAL:
s..::c-
to Committee
To Council
CITY MANAGER ApPROVAL: ~
to Committee
COMMITTEE RECOMMENDATION: f\~
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDillEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
April 21, 2008
City Council
City of Federal Way
33325 - 8th Ave S
PO Box 9718
Federal Way, WA 98063-9718
Honorable City Council Members:
The Laurelwood Community Club has voted unanimously to donate to the City of
Federal Way the following parcels of property for perpetual use as a City Park and
Green Belt: Parcel 4222800370, Parcel Number 0421049219.
These pieces of property have been the Laurelwood Community Club property since the
1960's when the Laurelwood subdivision was developed. As the years have past, we
find that we no longer have sufficient volunteer members to pay the taxes and insurance
on the property or to maintain the property. However, it is valuable space in our
community and has potential for recreational use for more than our subdivision. It has
been a home to Little League Baseball and other community functions.
A secret ballot was conducted in March-April 2008 of all members of the Laurelwood
Community Club. A copy of the official ballot is enclosed for your reference. The vote
was unanimous.
It is our desire to take immediate steps to discuss transfer of this property to the City of
Federal Way and ensure its continued use as a park and greenbelt. We are asking your
guidance on the steps to make this happen. Without your assistance and acceptance,
the community risks the loss of a potentially valuable additional recreational area for the
community.
Sincerely,
Rebecca Watling
President
2315 S 292nd St
Federal Way, WA 98003
253-839-7284
Lois Watt
Secretary
2027 S. 292nd St.
Federal Way, WA 98003
253-839-2086
cc: City Manager, Neal Beets
City Attorney, Pat Richardson
Parks Director, Donna Hanson
~ Federal Way
Proposed Park Site:
Laure/wood Park
6
N
o
.
200
400
'Feet
Streams
Land & Boundaries:
o Federal Way City Limits
County Boundary
Quarter-Section Boundary
Surface Water City Owned Property
Parcels
Laurelwood Park Site
Usable Area
100' ft Setback Area
Wetlands
Map Date: 7/2008
GIS Division
City of Federal Way
33325 8th Ave S
P,Q,Box 9718
Federal Way, WA 98063
(253) 835-7000
www.cityoffederalway.com
~ Federal Way
Proposed Park Site:
Laura/wood Park
o
.
6
N
205
410
'Feet
.. Open Spaces, Golf Courses Building Land & Boundaries: Map Date: 7/2008
j GIS Division
Drainage Parks Paved Area D Federal lNay City Limits City of Federal Way
Institutional (Private) Residential (Multi-Family) Street "iff!}- ffP" County Boundary 33325 8th Ave S
Institutional (Public) Residential (Single Family) Natural Features: Quarter-Section Boundary P,O.Box 9718
Federal Way, WA 98063
Industrial Utilities Surface INater City Owned Property (253) 835-7000
Vacant Land WeUands Parcels www,cityoffederalway.com
COUNCIL MEETING DATE: March 17,2009
I.!~~..~:.s_~_,~_...~.........
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FORTE ELECTRIC RETAINAGE RELEASE
POLICY QUESTION: Should the City accept the contract with Forte Electric as complete and authorize
staff to release their retainage?
COMMITTEE: PRHSPS Committee
MEETING DATE: March 10,2009
CATEGORY:
IZI Consent
D City Council Business
o Ordinance
D Resolution
D
D
Public Hearing
Other
~TAFF ~""'()RT BY_: Step?en ~~!.d, Interim PRCS Direct<?!.........,..._...,........._ ........__.........._~_~~~:~~~,~_, ....,..__.........
History: The City contracted with Forte Electric to upgrade the electrical system at the Steel Lake Annex
brick house for the total amount of $26,509.00. This upgrade was part of a Council approved improvement
project so the FW Historical Society could lease this building. Forte Electric has completed all the work
within this contract. Prior to the release of retainage on any Public Works project, the City Council must
accept the work as complete to meet State Department of Revenue and Department of Labor and Industries
requirements.
Expenditure Summary including tax:
$20,430.00 -- Budget from One-Time funding
3,890.00 -, Change order to increase the service panel and add extra lights.
2,188.80 - 9% tax
$26,508.80 - Total expenditure
$12,160.00 = 50% retainage held from the contract amount of $24,320.00 (not including WSST)
Attachments: NA
Qp!.~.~!!,~"'~,()!!~i.~~~~~:.~,~.~~p!_,!.!:~.,~<?!1.t.!.!:l:~!!:l:~_._~<?.~p!~!.~.<?!..5!9..!1.9.!.!:l:~~~p!.!.h_t?_~9.!1.t.!.!:l:..~,!_.~,~..~9.~P!.~,!.~:,........._.,....,..,'
STAFF RECOMMENDATION: Staff recommends Council accept the contract as complete and authorize staffto
release the retainage in the amount of$12,160.00 to Forte Electric.
CITY MANAGER ApPROVAL:
~
to Committee
DIRECTOR ApPROVAL: ~L.
to Committee
To Council
COMMITTEE RECOMMENDATION: Forward to full Council on March 17 for approval and accept the Forte
Electric contract as complete and authorize staf ase th ' retainage.
ROPOSED COUNCIL MOTION: H] mov accept the Forte Electric contract as complete and authorize staff
to release retainage in the amount 01$12,160.00 to Forte Electric"
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDillEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02106/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: March 17,2009
ITEM#: 5. L.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FEDERAL WAY CONFERENCE AND CULTURAL CENTER
POLICY QUESTION: Should the City Council authorize the expenditure of State pre-construction dollars to
assist the City Council in selecting a downtown site for a Conference and Cultural Center, and a conforming
amendment to the existing CTED contract for pre-construction funds.
COMMITTEE: PRHSPS
MEETING DATE: March 10,2009
CATEGORY:
o Consent
o City Council Business
o Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REpORT By: Neal Beets DEPT: City Manager
At the January 3 City Council Retreat, the Council asked staff to develop additional information to enable
Council to pick a downtown site for a potential combined Conference and Cultural Center. Staff now seeks
Council approval to amend the existing $500,000 contract with CTED and to spend up to but not to exceed
$75,000 of those State pre-construction dollars to accomplish this. This money could be used however Council
directs that is consistent with an amended CTED contract. Staff suggests we contract with an architect for a
conceptual level design of a prototype building that combines a Conference and Cultural Center within one
building; this architectural engagement would include developing approximate square footages for the major
functions within the building and a prototype footprint for a combined Conference and Cultural Center. It would
also entail evaluation of up to five downtown sites using the prototype building footprint as an evaluation guide.
Staff also recommends we develop a conceptual level business plan for an integrated Conference and Cultural
Center. This business plan would draw upon information previously developed and reported by Charles S.
Johnson and Associates in their 2007 PAC and Conference Center Feasibility Report to the City Council. Staff
estimates this site and business planning work will take approximately two months to complete following
CTED's consent to a conforming contract amendment. At the conclusion of this work, staff would return to the
City Council with this additional information to see if the Council is ready to select a preferred downtown site for
a Conference and Cultural Center.
STAFF RECOMMENDATION: Authorize the expenditure of up to $75,000 from the $500,000 in State Pre-
construction funds to develop additional architectural, site, and business information relating to a potential
combined Conference and Cultural Center in downtown Federal Way, and authorize the City Manager to sign a
conforming CTED contract amendment for such pre-construction services.
CITY MANAGER ApPROVAL:
~
. , cil
DIRECTOR ApPROVAL:
~ittee
~i1
COMMITTEE RECOMMENDATION:
c
'-
Committee Member
PROPOSED COUNCIL MOTION(S): I move that we authorize Stajfto spend up to $75,000 from the $500,000 in
State Pre-Construction dollars to develop additional information to enable Council to select a site for a
possible downtown Conference and Cultural Center, and to amend the existing CTED contract to conform.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: March 17,2009
ITEM #: 6.a.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ApPOINTMENTS TO THE INDEPENDENT SALARY COMMISSION
POLICY QUESTION: Should the Council approve the Mayor's reappointment ofa member to the Independent
Salary Commission?
COMMITTEE: N/ A
MEETING DATE: N/A
CATEGORY:
D Consent
IZI City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
~!~!'_l!~,!.Q.~!..~.X=-, Caro1M~Neilly'?_git.Y...g.!~rk
DEPT: HR/CC
Background: The Independent Salary Commission studies the relationship of salaries to duties of the Mayor and
City Council, and is responsible for establishing a salary by increasing, decreasing or maintaining the current
salary for each position. The Commission is comprised of five members, each serving 4-year terms.
AlJpointments are made bv the Mavor and approved by the Council. The Commission meets during even
numbered years, and is staffed by the Human Resource Director.
There is one vacancy on the Commission due to term expiration. Staff advertised the vacancy and received one
application from Ronald Secreto, who is currently serving in the position. Mr. Secreto is seeking reappointment
to the Commission. If appointed, Mr. Secreto will be invited to the April 7, 2009 City Council Meeting to receive
a Certificate of Appointment.
Options Considered:
1. Approve the Mayors appointment recommendation to the Independent Salary Commission.
2. Direct staff to re-advertise the vacancy
STAFF RECOMMENDATION: N/A
CITY MANAGER ApPROVAL:
N/A
DIRECTOR ApPROVAL:
N/A
N/A
Committee
Committee
Council
COMMITTEE RECOMMENDATION: N/A
PROPOSED COUNCIL MOTION: HI move to approve the Mayor's reappointment of Ronald Secreto to the
Independent Salary Commission, as a voting member, with a 4-year term expiring February 28, 2013.
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/DEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
_~~~~~~L ~~!!~~~~TE:~~~~9 ~g~ lLl~_~________ITEl\:I_#: ~ (,.6.
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT City Center Access Project - Approval of the Recommended Alternative
Policy Question: Should the City Council approve the recommendations of the staff, Core Support Team, and the
Council Advisory Team of the Public Stakeholders to drop Alternative 2 at S 324th Street from consideration in the
Environmental Assessment (EA) and proceed with design refinements to Alternative I at S 3 12th Street?
COMMITTEE: N/A MEETING DATE: N/A
CATEGORY:
o Consent
C8J City Council Business
D Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REpORT By: Ma anne Zukowski, P.E., Senior Traffic En DEPT: Public Works
Attachments:
· Staff memorandum to City Council regarding project background and updat dated March 3,2009.
Staff memorandum to City Council regarding approval of the recommended alternative dated March 3,2009.
Options Considered:
1. Approve the staff and support team recommendations to drop Alternative 2 at S 324th Street
from consideration in the Environmental Assessment (EA) and proceed with design refinements to
Alternative I at S 312th Street.
2. Keep Alternative 2 with further environmental evaluations with scope and budget increase.
3. Provide alternative direction to staff.
STAFF RECOMMENDATION: Staff recommends Option I.
CITY MANAGER APPROVAL: rl/ A
Committee
~
COlUlCil
DIRECTOR APPROVAL:
~/A
Committee
Council
COMMIITEE RECOMMENDATION: N/A
Linda Kochmar, Chair
Jim Ferrell, Member
Dini Duclos, Member
PROPOSED COUNCIL MOTION:
COUNCIL ACfION:
o APPROVED
o DENIED
o TABLED/DEFERREDINO ACfION
o MOVED TO SECOND READING (ordinances only)
REVISED - 0210612006
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL BILL #
1sT reading
Enactment reading
ORDINANCE #
RESOLUTION #
COUNCIL MEETING DATE: March 17, 2009
ITEM #:~ .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Information - Red-Light Photo Enforcement Program (Status Report)
POLICY QUESTION: No policy question - Informational status reporting only,
COMMITTEE: Parks, Recreation, Human Services and Public Safety
Council Committee - (PRHS&PS)
MEETING DATE: March 10,
2009
CATEGORY:
D Consent
D City Council Business
D Ordinance
D Resolution
D
r8J
Public Hearing
Other
STAFF REPORT By: STAN MCCALL/BRIAN J. WILSON
DEPT: Police Department
Attachments:
1. PRHS&PS Staff Memo
Options Considered:
1. Informational Status Report for Council.
STAFF RECOMMENDATION: Continue to monitor and evaluate this one (1) year pilot program scheduled to end
July 2009.
CITY MANAGER ApPROVAL:
@k-
DIRECTOR ApPROVAL: .j1lJ./ff.,A)
Committee
/U(~
COMMITTEE RECOMMENDATION: PRPS recommends Option ~
Committee Member
l/PROPOSED COUNCIL MOTION:
Department, "
approval of this Red-Light Photo status report from the Police
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
CITY OF FEDERAL WAY
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
TO:
VIA:
FROM:
March 10, 2009
Parks, Recreation, Human Services and Public Safety Council Committee
Neal J. Beets, City Manage~
Brian J. Wilson, Chief ofP~
SUBJECT: Red-Light Photo Pilot Program - Three Month Status Report
Back2:round
Intersection safety is a priority for the Police Department. Red Light Photo Enforcement Programs
enable municipalities to enhance safety at intersections, reduce accidents and injuries, improve traffic
flow and efficiency, and enhance citizen compliance with traffic control devices at intersections.
Staff invested more than a year researching the advantages and disadvantages of Red Light Photo
Traffic Enforcement Programs. Research was conducted into the public's perception, and
acceptance of red light traffic cameras and the potential vendors available to provide this type of
traffic safety technology.
In February, 2007, staff recommended to the City Council that the City enter into a one-year Red
Light Photo Enforcement 'pilot' Program. Council agreed with staff's recommendation to proceed
with a program under Seattle's contract with American Traffic Solutions (ATS) and the City entered
into a contract with A TS in December of2007. The Federal Way Municipal Court also entered into
a partnership with ATS to perform specific administrative functions for photo enforcement
proceedings.
Two target intersections were identified (320th & Pacific Highway South and 348th and Enchanted
Parkway) where red light violations were occurring. Research was conducted to install the necessary
camera equipment and the City Council authorized a one (1) year pilot program of Red Light Photo
Enforcement; beginning in August 2009 and ending in July 2009.
Primary responsibility for the management of this pilot program was assigned to the Federal Way
Police Traffic Unit Lieutenant. Specific procedures were established to help define the partnerships
and to outline the various responsibilities for this pilot program.
We have managed the contract with A TS and found the contract to be workable and the fees for
services reasonable. The City of Federal Way is protected financially given specific contract
language that addresses cost neutrality. Our current program is 100 percent violator funded. A TS
provides a local service team for maintenance and repair with responsive technical support.
I
Fees and reported revenues for October-December 2008 are as follows:
$23,074.42
$19,477.00
$19,628.50
$44,189.00
$78,520.00
$98,431.00
$21,114.58
$59,043.00
$78,802.50
October
November
December
Identified measurable statistics for the two pilot intersections:
I-Total Red-Light Photo infractions issued:
2008 - (Oct/Nov/Dec) = 4,154 red light violation citations issued.
2- Total infractions issued (at the two pilot intersections):
In the 4th Quarter of 2007 - 160 officer initiated, traffic related citations issued.
In the 4th Quarter of 2008 - 71 officer initiated, traffic related citations issued.
3-Number and type of traffic accidents at the two pilot intersections (This number represents only the
'angJe/T-bone & rear-end type of collisions):
2007 = 17
2008 = 16 (This number includes 7 weather related, (ice & snow), collisions at the 320th intersection)
4- Total injuries reported:
2007 = 4.
2008 = 2.
5-Assessment of traffic flow efficiency and safety at both pilot intersections:
Red Light Photo has resulted in no perceptible negative impacts to the traffic flow.
6,300 violation incidents were reviewed with no resulting collisions. Perception is that
compliance with traffic control devices has been enhanced.
6-Review of citizen feedback and complaints during pilot program:
*One citizen complaint was received during this quarter. The citizen claimed the 'flash'
from the red-light cameras cause seizures or headaches. We are not able to locate a reputable
source to confirm this claim. The available medical data suggests that some seizures and
headaches can be caused by strobe lights or multiple bright flashes of light.
*We also received approximately 10 calls from citizens in support of the red-light photo
project since we went live. Most callers say that they are seeing more compliance in the
target areas because drivers seem to be obeying traffic control devices; particularly after they
see the 'flash'.
7-Assessment of operational efficiency of ATS Red Light Photo Enforcement System:
We reported a technical problem with one of the video cameras at the 34Sth/Enchanted
intersection in November. A TS replaced this camera within 24hrs. There have been no other
operational problems.
2
8-Review of inter-departmental coordination and relationships: (Court, Finance and Prosecutor's Office),
No issues to report. Operational coordination is progressing without issues to date.
Recommendations:
Early data suggests the Red-Light Photo Enforcement Program is showing results in the following
areas:
. Number of intersection violations identified
. An apparent reduction in intersection accidents (when weather related conditions are
considered)
. Enhanced compliance with traffic control devices
. System operating as designed with timely service and technical support
. Positive citizen comments to the Police Department regarding the program outweighing
negative comments
. Non-budgeted net revenue to the City of approximately $159k during the final 3 months of
2008
No specific recommendations for program adjustment at this time.
The Police Department is researching options/recommendations for the future of the Red-Light
Photo Enforcement Program including:
. Continuing with the Red-Light Photo Enforcement program at these two intersections on a
permanent basis
. Enhanced lane coverage at the two pilot intersections (if program continued on a permanent
basis)
. Addition of intersections in the City that meet program goals
. Pilot project oftwo (2) School Zones to address child safety and reduce the speed of vehicles
. Use of non-budgeted revenue for Police Department expenses associated with the program as
well as enhanced traffic related education, prevention and enforcement programs
. Use of non-budgeted revenue for reinvestment in traffic and neighborhood safety related
initiatives
The Police Department will continue to measure and evaluate the effectiveness of the Red-Light
Photo Enforcement program with regard to safety, traffic flow, and citizen compliance with traffic
control devices.
3
COUNCIL MEETING DATE: March 17,2009
_.m.,~!~~.~=.~__.d_.~__==
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: FINALIZE FEDERAL WAY NEIGHBORHOOD ST ABILIZA TION PROGRAM
POLICY QUESTION:
Should the City of Federal Way accept, from the State of Washington, the Federal funded Neighborhood
Stabilization Program dollars ($651,688) for the intention of establishing a financing mechanism to purchase
foreclosed homes within Federal Way?
COMMITTEE: PRHS&PS
MEETING DATE: March 10,2009
CATEGORY:
D Consent
rg] City Council Business
D Ordinance
D Resolution
o
D
Public Hearing
Other
,~!~.~~_~~Q~!.!l..Y.:.!:Y!?:!1.~!!.~gY!?:~~.I.!1!.l~~~!!_~~!Y.!<::~~M~!1.~g~!.._.m____'__...
DEPT: Community Development
Attachments:
· Draft Federal Way Neighborhood Stabilization Program (NSP) with estimated households to be served.
· Memorandum explaining details of the Federal Way NSP negotiated with the Washington State Housing Finance
Commission (WSHFC).
· Memorandum to Human Services Commission dated February 18, 2009, with attachments outlining program
requirements, stakeholder input to date, and targeted Census Tracts for use of funds.
Background:
The City of Federal Way is designated to receive $651,688 in Neighborhood Stabilization Program funding through the
State of Washington, The federal funded program is intended exclusively for the purchasing of foreclosed properties. Once
ownership is transferred to the qualified low- to middle-income households, local communities will benefit by stabilizing the
vacant housing stock in Federal Way.
After reviewing the requirements for the use of NSP funds and a request for stakeholder comments, the Human Services
Commission passed a motion to recommend that the Federal Way Neighborhood Stabilization Program be a partnership
between the City Of Federal Way and the Washington State Housing Finance Program to provide down payment assistance
to residents.
Options Considered:
1. Finalize the City of Federal Way Neighborhood Stabilization Program to provide fmancing mechanisms for
homebuyers to purchase foreclosed residential properties in the Census Tracts identified as having a high-risk of
foreclosure through an agreement with the Washington State Housing Finance Commission. It is further moved that the
City Manager, or his designee, be authorized to enter into the required agreements to carry out Federal Way's
Neighborhood Stabilization Program.
2. Modify the recommendation for the City of Federal Way Neighborhood Stabilization Program (NSP).
CITY MANAGER ApPROVAL:
hrl...
STAFF RECOMMENDATION: Accept option 1.
DIRECTOR ApPROVAL:
~
Committee
COWlcil
Committee
COMMITTEE RECOMMENDATION: I move approval of option -1-.
L.
PROPOSED COUNCIL MOTION: "1 move approval of option _ . "
K
her
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDmEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
DRAFT - March 2, 2009
LOCAL NEIGHBORHOOD STABILIZATION PROGRAM SUMMARY
1. Jurisdiction:
Address - Mail:
Address - Street:
City, Zip:
Email:
2. Contact Person:
Address - Mail:
Address - Street
City, Zip:
Email:
3. Fiscal Year:
Ci of Federal Wa
PO Box 9718
33325 8th Ave S
Federal Wa ,98063-9718
Phone:
Fax:
Tax 10:
County:
SWV:
Title:
Human Services Manager
253.835.2650
253.835.2609
4. Brief Description of Local Program:
DRAFT - The City of Federal Way will utilize the Neighborhood Stabilization Program (NSP) to establish financing
mechanisms for purchase and redevelopment of foreclosed upon homes and residential properties, including such
mechanisms as soft-seconds, loan loss reserves, and shared-equity loans. Financing mechanisms could also
include first mortgages. bridge loans,and direct homeownership assistance, suctias down-payment assistance
programs. The program will be structured to serve residents with incomes between 50% median income and 100%
area median income with at least 25% of funds dedicated to serve residents below 50% median income. Homes
purchased utilizing this program must be located within the Census Tracts that have been determined to be at high
risk for foreclosures: 300.02. 302.01. 302.02, 303.03, and 303.11. These Census Tracts have been determined to
have the highest need based upon risk data furnished by the HUD Department of Policy Development and Research
to target NSP funds to high risk neighborhoods. Up to 5% of available NSP funds will be used to administer the
program. - DRAFT
5. Local NSP Award:
PO Box 9718
33325 albAve S
Federal Wa , 98063-9718
Phone:
Fax:
From: January 1 To: December 31
6. Certification of Authorized Official:
$ 651,688
As the authorized representative to act in all official matters in connection with the jurisdiction's participation in
the State of Washington Neighborhood Stabilization Program, I submit this Local Neighborhood Stabilization
Program Plan and commit to adhere to the laws and regulations governing the Neighborhood Stabilization
Program.
Signature
C M. Roe, P. E.
Print Name
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CITYOF #I -~
Federal Way
MEMORANDUM
DATE:
TO:
FROM:
SUBJECT:
March 2, 2009
Lynnette Hynden, Human Services Manager
Kelli O'Donnell, CDBG Coordinator
Federal Way Neighborhood Stabilization Program - Washington State Housing
Finance Commission Partnership
I met with the Washington State Housing Finance Commission (WSHFC)on February 24,
2009, to discuss details of a partnership to implement the Federal Way Neighborhood
Stabilization Program following the direction received at the February 23, 2009, Human
Services Commission. As reported at the Commission meeting, the WSHFC currently provides
House Key mortgages and down payment assistance to income. qualified residents throughout
the State including 28 House Key loans in. Federal Way between July 1, 2007 and June 30~
2008, totaling $5.5 million and over $21 million intoans since 1997.. The WSHFC has extensive
experience in designing loan programs that meet the applicable funding regulations.
Under the proposal being negotiated, Federal WayNSP funds would be added as a third
mortgage to the first mortgage loan and down payment assistance (second mortgage) provided
by the Washington State Housing Finance Commission House Key program for foreclosed
properties purchased in Federal Way within the requirements of the NSP. Federal Way NSP
funds would expand the existing program to purchase foreclosed homes and provide down
payment assistance sufficient to make the cost of housing.affordable to the family. Housing is
considered affordable when 30% or less of family income is needed to pay the cost of housing
so that the household has income available to pay for other essential needs. According. to the
2000 Census, 26% of Federal Way households were considered to have a severe housing cost
burden with over half of their household income going to housing expenses. This creates a risk
of housing instability and homelessness. In addition to addressing the re-use of foreclosed
homes, the proposed program would create opportunities for homeownership that is affordable
to residents to further stabilize the community.
The program is being designed to target 25% of available funds to serve households at 50%
area median income (AMI) to meet the requirement enacting legislation as the first phase of the
program. Once this target is met, the program will be offered to residents with up to 80% AMI.
The final phase of the program would raise the income limit to 100%. of AMI should there not be
enough households that are able to qualify and purchase the homes at 80% AMI as the
deadline to spend the funding approaches. 100% AMI is the maximum income served by the
House Key down payment assistance program that will be used with Federal Way NSP funds.
The NSP legislation allows the program to serve up to 120% AMI but would require a higher
contribution from Federal Way NSP funds to make the home affordable.
Based on an analysis of bank owned properties and area median income for Federal Way as of
February 26,2009, the following targets were developed:
50% AMI
80% AMI
100% AMI
$230,000
$280,000
$360,000
127
153
174
Household Area
Median Income
Median or Avg
Sale Price
Affordable*
# Bank Owned
Properties
. Based on 25% to allow for taxes & insurance
The Washington State Housing Finance Commission has extensive experience in providing
homeownership programs to residents while meeting the requirements of the funding source.
The NSP funds offer some addition~1 challenges to existing programs. The federal
requirements allow the funds to only be used for purchase of homes that have completed
foreclosure and transferred title back to the bank. Foreclosed properties must also be
purchased .at a discount that is calculated from an appraisal that meets HOME program
requirements and was completed less than 60 days prior to the offer of purchase. The discount
must be a minimum of 5% and have an aggregate of a 15% discount. The required discount is
a new federal requirement specific to this program, Since it will depend on the willingness of
banks to give the discount, there is a risk that banks will be unwilling to sell foreclosed
properties at an acceptable discount to meet this requirement. This is a risk of any program
developed utilizing NSP funds. WSHFC's experience and reputation developing and implement
homeownership programs and working with banks in the mortgage industry wUl be.instrumental
in meeting this requirement.
The financial crisis has created an additional risk to the success of the proposed program. The
Washington State Housing Finance Commission has not had a recent bond sale due to the
current credit crisis. Bond sale proceeds are utilized for reduced rate first mortgages that are
required to go with the House Key loans. The Federal Way Neighborhood Stabilization
Program proposal relies on these mortgages with the down payment assistance provided by the
House Key loans to piggy back on the NSP funds. Dee Taylor, Director of the WSHFC
Homeownership Division, notes that there are efforts in the works to get these funds flowing
again. With the current finance issues, it is not certain when 'first loans will be available for the
House Key program. This presents a risk that we could not spend Federal Way NSP funds with
the WSHFC. Since we have a limited time to utilize NSP funds, it is recommended that if the
State has not been able to sell bonds by July 1, 2009, that the program be assessed to
determine if it will be renegotiated with WSHFC to provide first mortgages with Federal Way
NSP funds. Due to the limited amount of NSP funds available for this program, it is likely that
only 2-4 foreclosed homes would be purchased and made available to households iffirst
mortgages are provided with NSP funds.
CltYO' ,~
Federal Way
'~1~;r
MEMORANDUM
DATE:
TO:
VIA:
FROM:
SUBJECT:
February 18, 2009
Human Services Commission
Lynnette Hynden, Human service~M na er
KeUi CtDonnell,CpBG. Coordinat
Federal Way Neighborhood Stab ' ation Program
Background:
The Washin..'...gton. S.ta. t~. N~i9.. h. b..orh. oo.d Sta.... b.Ui,za.. ti.o. n Pro..g. ,.ra,. m. Loca.1 NSP Plan G.uid. elin. .esare
Attachment 1, . FederaJ WaYha~ been designated to receive $651,688 and must d~velop ~ local
plan ,to submit to the State by April 1, 2008. As noted. in Lynnette Hyhden's memorandum of
January 20,2009, (AttCichment 2) the Washington State Neighborhood Stabilization Program
includes a number o(condjtions and limitations on how funding may be used based upon the
enacting legi~lc,ltion.
Staff met with Human Services Commission members Roger Freeman, Elizabeth Hughes,
Carol Moe and Bob Wroblewski to review the Plan Guidelines, available information on
foreclosures and risk of foreclosures and options to address foreclosed properties in Federal
Way. A request for stakeholder input (Attachment 3) was e-mailed out to the contact list of
agencies and community members serving Federal Way requesting. input on maps showing the
areas in the City that have been identified as at high-risk of foreclosure and utilizing available
funds for financing mechanisms for purchase and redevelopment of foreclosed upon
homeslresidential properties and/or the purchase and rehabilitation of homes/residential
properties that have been abandoned or foreclosed upon to sell, rent or redevelop the
properties. Due to the limited time to obligate funds, the subcommittee felt that the City of
Federal Way Neighborhood Stabilization Program should not allocate funds to the NSP eligible
activities to demolish blighted structures; or, redevelop demolished or vacant properties.
Three responses have been received to date and are included as Attachment 4. Stakeholders
were invited to submit comments in writing by 5:00 pm on Monday; February 23, or making
public comment at the Human Services Commission meeting.
The sub-committee has been in considering limiting the program to provide financing
mechanisms for homebuyers to purchase foreclosed residential properties in Federal Way.
The Washington State Housing Program has been providing services in Federal Way for first-
time homebuyer programs and families with a disabled family member with second mortgages
of $10,000 to $15,000. This program could be expanded to provide additional help to
homebuyers purchasing foreclosed homes so that it could serve lower income residents and
stabilize families that may have lost a jOb and/or are currently in need of affordable housing,
The Consolidated Housing and Human Services Plan includes a strategy to provide affordable
home purchase opportunities for 10 low- and moderate-income household in Federal Way.
Should the Human Services Commission agree with the direction to move forward with
targeting NSP funds developing a program to provide financing mechanisms for homebuyers to
purchase foreclosed residential properties in the proposed Census Tracts, staff will begin
negotiating the details with the Washington State Housing Finance Commission. The program
would be designed to provide enough assistance to homebuyers to ensure that homeownership
1-J
is sustainable while serving as many homebuyers as possible at the lowest area median
income level feasible. Details of the final progKltn will be reported back to the Commission at
the March meeting. The recommendation totilfgetfunding to the proposed Census Tracts for
financing mechanisms will be concurrently taken through for City Council approval in order to
have a finalized plan to submit to the stfltEfQ.y th~ April 1, 2009, deadline.
d Motions:
move to recommend that Staff be directed to prepare the City of Federal Way
o od Stabilization Plan to provide financing mechaniso,lsfC)rholTl~~ltY~rs to purchase
foreclosed residential properties in the Census Tractsid~ntified.as haYiJ'l~~hi9h..risk of
foreclosure, staff will begin negotiating...t.h. ed........~tails wi,th th~.Was.hingtQn.. ..Stat.. ~,tio...using Finance
Commission to be presented to the CityCQu....~. ci.l.fo.,r....con. s.. i.d.... e.ra.tio. n.> an.d.ap... p. rP.,..valpn....or to the AP. ril
1, 2009, submission deadline. It i.s further moY~cnhatthe,City'Mana9~r.orhls+:c;le,signee, t)e
authorized to enter into the required agreements to carry out Federal Way's Neighborhood
Stabilization Program.
Optiol12:J ,rnQye to r~qommend that~tCJff lJecjir~~~dtR..preRar~meqitv.?fFed~ralW'ciy
Neigt\b9rho09 Stal?i1ization<l?lan a!5l11.pdifi.ed I)Y,tlletflJman ~e.",i,G~~(~9lJJmission. CJl: .,
tOlliglll'~I11~lirlg to provid,~.financing me.cl:1an,isms for, tlome~4yers t9pl,lr<;:~as~ fore~IQ$~d
reside~tialpro~rties in the. Census Tractsicjentifie..q as havil19 ahigh,-~s~{,~ffore(flosurEJ,~taff
will beQinl'leQ.Qtiating the details. wit,h the Wt:lshin9ton~tate Hogsing ~i[)~iice Gqmmi~sion tq be
presented to the City Council for consideration and approval prior to the April 1 ,.4009,... . ..'
submission deadline. It is further moved that the City Manager, or his designee, tie authorized'
to ent~r into the requ,ired aQreements to carry out Federal Way's N~lgh~Qrh()Q<i~tabjlizatiqn
Program. . ' ,
Please contact me at (253.)835....2653 orkeIlLodonneU@citvoffederalwav.comortynnette
Hynden at (253.) 835;;.2650 or Ivnnette.hvnden@citvoffederalwav.comifyouchavequestions
regatdingtheNeighborhood StabilizationPrograrn or this agenda' item.
.
Attachment 1
",".0.."
~.o
S'}fIN6"
CTEDI
C.ommunity, Trade and
Eeol"l0micDevelopment
Washington State
Neighborhood Stabilization
Program
Local NSP Plan Guidelines
January 2009
Due Date: By April 1 , 2009
Department of Community, Trade and Economic Development
906 COLUMBIA STREET SW . PO BOX 42525 . OLYMPIA, WASHINGTON 98504-2525
Local Neighborhood Stabilization Program
Plan Guidelines
fABLEOF CONTENTS
Local N$pplalilr. ~yb[1)issic:>n... ..... ..,. .... n' ....... ...... .'...... .... '..... .......... .'....... .., ........ ...~,(,........ .....'...!. ..." ..~.. t. "j', .... .,..... ",~,;~",'.."""" 2
Areas of Greatest Need ............ ........ ....... .... ..... .......... ........................ ........... ... ...... ......... ................... .......................... 2
Distribution and Uses of Funds ................. ....... ................... ............. ................................ ................. ... .................... .... 3
Local Neighborhood Stabilization Program Summary ........... ......... ..... ......................... ............... .......... .......... ............ 6
Program Summary Instructions............... .... .:..... ....... ..... .... .... ...... ........... ......................................................................... 7
Project & Activity Detail................ ..... ........................ ........... ...... ..... ......... ....... .............. .... .... .......... ........ ........... .......... 7
Project & Activty Detail Instructions......................... ... ....... ..... .............,',................. ...... .......... ......... ........ .................. ..... 9
Administration Plan............................................................................................................................. ........................ 14
Neighborhood Stabilization Program Certifications.. ............ ....................... ........ .... ............. ............ ..... ............ ......... 16
ApplicanURecipient Disclosure/U pdate Report.......................................................................................................... 18
Append ix....................................................................................... .....................,......................................................... 21.
Neighborhood Stabilization Award Amounts - *Preliminary ................................. ................ ........... ...... .............. ....... 22
Summarized L1SC Zip CodeU!VeIFo~()~U~,N:e~ Se<>re'List ;............:........L.~................. ... ... ....... .... ... ... ......... ..... 23
2008 Income Limits - NeighborhOc:xf Stabilization Program ........................................................................................26
Definitions and Descriptions.............................................................................................. ......................................... 29
Acquisition and Relocation Requirements.................................. ............. ........ ................. ................ .......... ................ 30
CTEO CONTACT INFORMATION
~!II Cgle .'
Managing Director
Community Development Programs
Unit
360.725.3018
BiIIC@cted.wa.gov
www.cted.wa.gov/cdbg
Kaaren Roe
Program Lead
WA St CDBG Program
360.725-3018
KaarenR@cted.wa.gov
Local Neighborhood Stabilization Program
Plan Guidelines
The state Department of Community, Trade and Economic Development (CTED) has been allocated $28,159,293
to establish and implement the Neighborhood Stabilization Program (NSP) in Washington State. The purpose of
NSP'is to address the impact of abandoned and foreclosed homes in our neighborhoods and communities.
Washington State's plan for distribution and use of the NSP funds has been approved by the US Department of
Housing and Urban Development (HUD) and is available on CTED's CDBG website atwww.cted.wa.gov/cdbg.By
January 15, 2009, all but one jurisdiction on the funding list submitted a letter of intent to participate in NSP. The
state will announce the final funding list by January 30, 2009, which will include revised award amounts.
By April 1 , 2009, jurisdictions on the final award list must submit to the state a detailed plan for use of funds, their
capacity to obligate the funds to specific activities within the 18 month timeframe, and how at least 25 percent of the
funds will benefit those with income levels at or below 50 percent of area median income. These plan guidelines
provide the forms and format for submitting the local NSP plan to the state.
Please read aU the guidelines and understand the requirements of the NSP funds before finalizing the tocal NSP
plan.
Locat NSP Plan Submission
The local NSP plan must contain the following components:
· Program Summary
· Project & Activity Detail
· Administration Plan
· Certifications and HUD forms
Plans are to be mailed (postmarked) by April 1, 2009 to:
Attn: Bill Cole
Community Development Programs Unit
CTED
PO Box 42525
9th and Columbia St SW
Olympia, WA 98504-2525
CTED will review the plans, and consult with local governments if modifications are necessary, to ensure each plan
meets the requirements of the Housing and Economic Recovery Act of 2008 (HERA), the NSP and related CDBG
regulations, and the state plan. Once approved by CTED, the local plan will be incorporated into an inter/ocal
agreement between CTED and local government and entered into the HUD's database system.
Areas of Greatest Need
Washington State is distributing funds to jurisdictions facing the three need categories in the NSP statute: greatest
percentage of home foreclosures, highest percentage of homes financed by a subprime mortgage related loan, and
most likely to face a significant rise in the rate of home foreclosures. CTED sought to design a process for defining
areas of greatest need and distributing NSP funds that would maximize the fund's impact by allowing local flexibility
to respond to emerging needs and opportunities resulting from new foreclosures. Counties awarded funding are
encouraged to work with the cities that mayor may not have received NSP funding to stabilize neighborhoods
impacted by foreclosures in the greatest needs areas within the county. To support the local identification of areas
of greatest need, a list of zip codes with high foreclosure need scores is provided in the Appendix.
2
Distribution and Uses .o:f fun~
Eliaible Activities
Under the state.'s plan, NSP funds can be used to:
. Establis.h financing mechanisms for pUl"Chase ancire<ievelopment offoreclosed..uponhomesand re$i.denti~1
properties, including su~h mechanisms as soft-second~ loan loss reserves, and shared~quityloans.
Financing mechanisms could also include first mortgages, bridge loans, and direct homeownershipassistance,
such as d,own-paymentassistanCE! program~;
. PUl"Chase and rehabilitate .hQmesand resiciential. properties that have been abandoned. or fore<;lpsed ~pon, in
ordertosell, rent, or redevelop such homeSC11nd properties;
. Demolish bligllted strudures; and
. Redevelop demolished or vacant properties.
Income Taraetina
All NSP-assisted activities must also meet a NSP national objective and the income targeting requirements.
Beneficiaries of the funds must have income levels at or below 120 percent of area median income, with at least 25
percel'ltof each award for purchase/redevelopment of abandoned If ore closed residential properties. toben~fit
individuals or families with incomes at/below 50% of area median income.
Jurisdictions are strongly encouraged to target the 25 percent of their funding to benefit income levels at orbelow
50 percent of area median income (very low-income) to address the housing needs of the homeless, those at risk
of homelessness, and special needs populations. Jurisdictions. are also encouraged to supporUheir localtenyear
plans to end homelessness when deciding how to use NSP funds.
Administration
All funds must be administered in compliance with the federal NSP requirements.
Up to five percent of a jurisdiction's award is available for administrative costs, with up to 2.5 percent available for
administrative costs prior to the first activity expenditures. In addition. jurisdictions can use up to ten percent of any
locally generated program income.
Jurisdictions can charge eligible activity delivery costs, as defined in 24 CFR 570.206, to the particular direct
activity performed.
Employees paid in whole or in part with NSP funds must maintain time sheets indicating the hours worked on NSP
activities for each payperipd in accordance with OMB CircularA-87.
Timelv Obliaation and Exl)enditure of Funds
Funds must be obligated to specific activities within 18 months of the state's receipt of NSP funding. CTED
anticipates receiving the HUD grant agreement by February 2009, with all funds to be obligated by August 2010.
By February 2010, CTED will assess the status of the local NSP activity, obligations and income targeting to
determine the need for possible reallocation of funds.
After th~ HUDgrant agreement is signed, CTED will send award letters to the participating juri$diction alloWiQg
them to incur eligible co~ts pursuant to 24 CFR570A89(b). '
NSP fu'1ds wiUnptl>ereleaseduntil the NSP i'1t~~()cal agreementb~tween CT~D and thejurisdiction ise)(~u~
and the environmental review requirements are rn~t .". ., . ..
Payment requests can be submitted to CTED not more often than monthly. . Payment request guidance al'ldfOrms
will be made available. NSP payment requests are to reimburse expenses incurred and local procedures must be
established to minimize the time between receipt of NSP funds and its disbursement.
Funds in the amount of the initial award (whether from the initial award or from NSP program income) must be
expended by July 30, 2013.
3
Proaram Income
Program income is revenue within the definition at 24 CFR 570.500(a)(1) which is directly generated by activities
carried out with NSP funds and received by a state, unit of general local government, or subrecipient [as defined at
24 CFR 570.500(c)], excluding revenue listed at 570.200(a)(2), (a)(4) and (a)(5). The state will allow the
subrecipient jurisdiction to keep NSP program income received prior to July 30, 2013, to continue the income-
generating activities or other NSP eligible activities upon state approval. This program income must be held,
tracked, and redistributed by the subrecipient jurisdiction.
HUD is currently clarifying whether program income received by a subrecipient and revenue received by private
individuals/entities are to be treated differently; how revenue generated from NSP activities (A), (C) or (D) may be
retained and used after July 30, 2013; and the requirements for reporting and returning program income. CTED will
send supplemental guidance on program income when available.
Acauisition and Relocation
Any NSP funded acquisition, demolition or rehabilitation activity must be conducted in compliance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (URA) before funding for that activity is
committed. Given the URA's extensive documentation requirements, the limited NSP funds, and the funding
obligation timeframe, CTED strongly discourages the use of NSP funds for acquisition, demolition or rehabilitation
activities for tenant occupied or commercial properties. If a property is acquired, rehabilitated or demolished, CTED
discourages mixing NSP with other federal funds for this activity since this can undo NSP's alternative
requirements. Contact CTED if a property being considered for NSP assistance is occupied under URA definitions.
Activity and Proaress Reoorts
Each local NSP program must provide a quarterly status report for the state to submit to HUD through HUD's
Disaster Recovery Grant Reporting (DRGR) system. Data including specific activity information, financial status,
and beneficiary data will be maintained in this system. Specific reporting procedures will be provided.
4
LOCAL NEIGHBORHOOD STABILIZATION PROGRAM SUMMARY
1. Jurisdiction: Phone:
Address - Mail: Fax:
Address - Street: TaxlD:
City, Zip: County:
Email: SWV: .
2. Contact Person: Title:
Address - Mail:
Address - Street: Phone:
City, Zip: Fax:
Email:
3. Fiscal Year: From: To:
4. Brief Description of Local Program:
5. Local NSP Award: $
6. Certification of Authorized Official:
As the authorized representative to act in all official matters in connection with the jurisdiction's participation in
the State of Washington Neighborhood Stabilization Program, I submit this Local Neighborhood Stabilization
Program Plan and commit to adhere to the laws and regulations governing the Neighborhood Stabilization
Program.
Signature Date
Print Name Title
6
, PROGRAM SUMMARY INSTRUCTIONS
~ This summary should be the first page of the local NSP plan.
~ This form must be submitted to CTED with an original signature.
1. The applicant jurisdiction must be a city or county. The Tax Identification number is usually a "91-" num~er.
The statewide vendor (SWV) number for the jurisdiction must be provided to expedite electronic funds transfer
of the grant.
2. Provide information on the staff person to be contacted regarding the local NSP.
3. list the month and day of the jurisdiction's fiscal year from beginning to end.
4. Provide a brief description of the local Neighborhood Stabilization Program, summarizing what is to be
accompliShed and the major elements of the program.
5. list the NSP award amount in the jurisdiction's NSP award letter (projected to be sent in February 2009).
6. This form must be signed by the authorized official (mayor, county commission chair, county administrator,
city manager, or designated official). Print the official's name and title. An original signature mustbe
submitted.
7
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U;
INCOME BENEFIT
NSP activities must principally benefit low- and middle-income (LMMI) persons, with at least 25 percent of each
jurisdiction's award used for the purchase and redevelopment of abandoned or foreclosed homes or residential
properties to benefit low.income (L1) individuals or families.
..
Although NSP chlll.?ges the 10wCilnd moderate income requirement le"elqf the CDBG program, the remaining
requirementsqf24 CFR 57().208(a) and 570.4~3(b) regarding area benefit, housing, and limited clientele benefit
remain unchanged.
Ol'lthe Project & ACtivity Detail sheet, each activity you list for NSPfuridil1g must provide a ciescription of how the
inC;:Qme~I1~~twill~~.achieved a~ outlim~dinthetablesbelow. In Cildqition, local N~P fil~must maintain
documentatiOn of the actual income benefit for reportingpurpos~~and for.future state and federal review.
Local NSP files must contain: Information on household income and residency of homeowners (or renters and
affordable rent levels, if applicable) to establish eligible LI or LMMI households or housing units. For multiple unit
housin ro"ects, over half of the units must benefit LI or LMMI households.
Local NSP files must contain: Documentation that residents and properties assisted with NSP funds are located
in LMMI areas and the basis for LMMI definition. The "upper quartile" provision for exception criteria communities
cannot be used.
11
Serving a 'limitedclienfelEfwhose, incomes are. at t'iirbelow.120%. of AMI by ona'of the fpUowing:
a~ ;. Exclusively benefit a clientelewl10 are ,presumed by HUDto- be: principally LMI personsl These'"presumed.benefir
special groups indude: abused children, battered spouses. elderly persons. homeless peJ'Sons, illiteratepefSons.
persons living with the disease AIDS, severely disabled adults (meeting Census' definition).
b. Inforrnatiorr()nfarnilys~~and inCQ.rn,eis availai>le an~ ~~owsatlea~51 pE!~nt of thea~ity~gi~ntrl~ m~tandltVi"
contillue t() meetttJel)v1M~jqC()m~criteria.. . ...... . i .. . .' .. .' ..'
InCQme eli9ibilitYre<(4irem.a~trs!imitthe actiVitytoI-MMr~ersops. ... . " .... .. . .. . . .. ..'
Be of such nliltureandlQCI:ltiqpthat it may reasona~lybeC()J'Iduded thea(rtiyity'scli!:lntelc:J.wiitp'~ijlY:b~ l,:MMf
ersonS. ., . ' .
12
ADMINISTRATION PLAN
The state NSP plan allows flexibility for the local jurisdictions to partner with their local affordable housing organizations and
other NSP recipients to administer the funds and implement the activities. Each subrecipient jurisdiction must demonstrate
its capacity to manage its local NSP plan and submit an administration plan.
~ Respond to the questions below and submit this page as part of the local NSP plan.
~ Attach available policy and procedure documents as requested on the following page.
How will you administer state NSP funds?
o Directly administer all funds
o Sub-grant all funds to local subrecipients
o Combination of direct administration and sub-granting to local subrecipients
o Combine administration of NSP assisted activities with another jurisdiction receiving NSPfunds
If funds are sub-granted:
. How will you provide oversight of the sub-grantee and ensure compliance with federal and state requirements
including environmental review, acquisition and relocation, laborstandarcJs; and financial,management?
· Describe the monitoring plan to ensure accurate and timely quarterly reporting to the state on sub-grantee
activities:
How will you track the progress of NSP-assisted activities to ensure timely obligation and expenditure of funds?
How will you receive and redistribute program income received prior to July 30,2013, to NSPactivities? Program income
must be held, tracked, and redistributed by the subrecipient jurisdiction.
Homeownership activities: Who will provide the required 8 hourS of homebuyer counseling from a HUD-approved housing
counseling agency, how will this be paid, and how will homebuyers be referred to the provider?
13
Describe the plan for informing LMMI populations of the available local NSP resources:
Describe signifiCant populations with limited English proficiency within yourjurisdiction and the plan for informing these
populations of the available local NSP resources:
How are the NSP-assisted projects supporting the goals and objectives identified in your local consolidated or
comprehensive plans?
Does your jurisdiction have a procedure for providing citizens the address,phone number, and times for submitting complai"ts
and grievances, and providing timely written answers to written complaints and grievances, within 15 working days-where
practicable?
o No:. CTED will contact you with assistance for meeting this requirement
DYes. Copy and submit it with this Administration Plan"
Does your jurisdiction have a Residential Anti-Displacement and Relocation Assistance Plan under Section 104(d) of the
Housing and community Development Act of 1974?
o No. ClEO will contact you with assistance for meeting this requirement
o Yes. Copy and submit it with this Administration Plan.
Does your jurisdiction have a fair housing plan or adopted a fair housing resolution in support of the Fair Housing Act?
o No. CTEO will contact you with assistance for meeting this requirement
DYes. Copy and submit it with this Administration Plan.
Does your jurisdiction have (1) a policy prohibiting the use of excessive force by law enforcement agencies within its.
jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and (2) a policy of enforcing
applicable State and local laws against physically barring entrance to or exit from, a facility or location that is the subject of
such non-viotentcivil rights demonstrations within its jurisdiction?
o No. CTEO will contact you with assistance for meeting this requirement.
o Yes. Copy and submit it with this Administration Plan.
14
These certifications must be signed by the authorized official and a signed copy must be included with
the local NSP plan.
NEIGHBORHOOD STABILIZATION PROGRAM (NSP)
CERTIFICATIONS
(1) Consistency with Plan. The housing activities to be undertaken with NSP funds are consistent with Washington State's
Consolidated Plan, which means that NSP funds will be used to meet the congressionally identified needs of abandoned and foreclosed
homes in the targeted areas set forth in the state's 2008 substantial amendment.
(2) Acquisition and relocation. The jurisdiction will comply with the acquisition and relocation requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601), and implementing regulations at 49 CFR
part 24, except as those provisions are modified by the Notice for the NSP program published by HUD.
(3) Section 3. The jurisdiction will comply with section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701 u), and
implementing regulations at 24 CFR part 135.
(4) Citizen Participation. The jurisdiction meets the requirements of Sections 24 CFR 91.115 and 24 CFR 570.486(a), as modified by
NSP requirements. .
(5) Use of funds in 18 months. The jurisdiction will comply with Title III of Division S of the Housing and Economic Recovery Act of
2008 by using, as defined in the NSP Notice, all of its grant funds within 18 months of receipt of the grant.
(6) Use NSP funds S 120 of AMI. The jurisdiction will comply with the requirement that all of the NSP funds made available to it will be
used with respect to individuals and families whose incomes do not exceed 120 percent of area median income.
(7) Use of 25% of NSP funds S 50 of AMI. The jurisdiction will comply with the requirement that at least 25 percent of the NSP funds
made available to itwill be used for purchase/redevelopment of abandonedlforeclosed residential properties to benefit individuals or
families with incomes do not exceed 50 percent of area median income.
(8) Assessments. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDSG funds,
including Section 108 loan guaranteed funds, by assessing any amount against properties owned and occupied by persons of low- and
moderate-income, induding any fee charged or asSessment made as a condition of obtaining access to such public improvements.
However, if NSP funds are used to pay the proportion of a fee or assessment attributable to the capital costs of public improvements
(assisted in part with NSP funds) financed from other revenue sources, an assessment or charge may be made against the property with
respect to the public improvements financed by a source other than CDSG funds. In addition, with respect to properties owned and
occupied by moderate-income (but not low-income) families, an assessment or charge may be made against the property with respect to
the public improvements financed by a source other than NSP funds if the jurisdiction certifies that it lacks NSP or CDBG funds to cover
the assessment.
(9) Excessive Force. The jurisdiction certifies that it has adopted (or will adopt) and is enforcing: (1) a policy prohibiting the use of
excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights
demonstrations; and (2) a policy of enforcing applicable State and local laws against physically barring entrance to or exit from, a facility
or location that is the subject of such non-violent civil rights demonstrations within its jurisdiction.
(10) Compliance with anti-discrimination laws. The NSP grant will be conducted and administered in conformity with Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 200Od), the Fair Housing Act (42 U.S.C. 3601-3619) and implementing regulations, and will
affirmatively further fair housing (Title VIII of the Civil Rights Act of 1968).
(11) Compliance with lead-based paint procedures. The activities concerning lead-based paint will comply with the requirements of
part 35, subparts A, B, J, K, and R of this title.
(12) Compliance with laws. The jurisdiction will comply with applicable laws.
As the authorized representative to act in all official matters in connection with the jurisdiction's participation in the State of Washington
Neighborhood Stabilization Program, I submit these certifications and commit to adhere to the laws and regulations governing the
Neighborhood Stabirlzation Program.
Signature
Date
Name
Title
15
AppUcantlRecipient
Disclosure/Update Report
U.S. Department of Housing
and Urban Development
OMBApproval No. 2510-0011 (exp. 12/3112006)
Instructions. (See Public Reporting Statement and Privacy Act Statement and detailed instructions on page 2.)
A IicantlReci ient Information Indicate whether this is an Initial Report D or an Update Report D
1. Applicant/Recipient Name, Address, and Phone (inclUde area code): 2. Social Security Number or
Employer 10 Number:
( )
3. HUO Program Name
4. Amount of HUO Assistance
RequestedJReceived
5. State the name and location (street address, City and State) of the project or activity:
Part I Threshold Determinations
1. Are you applying for assistance for a specific project or activity? These
terms do not include formula grants, such as public housing operating
subsidy or COBG block grants. (For further information see 24 CFR See.
4.3).
Dyes D No
2. Have you received or do you expect to receive assistance within the
jurisdiction of the Department (HUO) ,.involvingthe projector activity in
this application, in excess of$200,QOO during this fiscal year (O(:t. 1 -
Sep. 30)? For further information, see 24 CFR See; 4.9
Dyes D No.
If you answered "No" to either question 1 or 2,Stop! You do not need to complete the remainder of this form.
However, you must sign the certification at the end of the report.
Part II Other Government Assistance Provided or Requested I Expected Sources and Use of Funds.
Such assistance indudes, but is not limited to, any grant, loan, subsidy, guarantee, insurance, payment. credit, or tax benefit.
DepartmenflStateILocal Agency Name and Address. Type of Assistance Amount Expected Uses of the Funds
ReauestedlProvided .
.
(Note: Use Additional pages if necessary.)
Part III Interested Parties. You must disdose:
1. All developers, contractors, or consultants involved in the application for the assistance or in the planning, development, or implementation of the
project or activity and
2. any other person who has a financial interest in the project or activity for which the assistance is sought that exceeds $50,000 or 10 percent of the
assistance (whichever is lower).
Alphabetical list of all persons with a reportable financial interest
in the ro.ect or activO For individuals, ive the last name first
(Note: Use Additional pages if necessary.)
Certification
Wamlng: If you knowingly make a false statement on this form, you may be subject to civil or criminal penalties under Section 1001 of TItle 18 of the
United States Code. In addition, any person who knowingly and materially violates any required disclosures of information, including intentional non-
. disclosure, is subject to civil money penalty not to exceed $10,000 for each violation.
I certify that this information is true and complete.
Signature:
x
I~-
17
Form HUD-2880 (3199)
Instnlctions
Public reporting burden for this collection of Information is estimated to
average 2.0 hours per response, including the time for reviewing
instructions, searching existing data sources, gathering and maintaining the
data.needed. and,completingandreviewing the coll~on of information.
This agency may notcond~ct orspol)$Or, -and a person is not requirecl to
respond to, a coll~on information unless that collection displays a valid
OMB controfnumber.
Privacy Act statement Except for Social Security Numbers (SSNs) and
Employer Identification Numbers (EINs), the Department of Housing and
Urban Development (HUD) is authorized to collect all the information
required by this form under section 102 of the Department of Housing and
Urban Development Reform Act of 1989, 42 U.S.C. 3531. Disclosure of
SSNs and EINs is optional: The SSN or EIN is used as a unique identifier.
The information you provide will enable HUD to carry out its responsibilities
under Sections 102(b), (c), and (d) of the Department of Housing and Urban
Development Reform Act. of 1989, Pub. L. 1.01-235, approved December 15,
1989. These provisions will help ensure greater accountability and integrity
in the provision of certain types of assistance administered by HUD. They
Will also help ensure that HUO.assistanCErfol' a specific housing project
under Section 102(d) is not more than is necessary to make the project.
feasible after taking account of other government assistance. HUD Will
make available to the public all applicant disclosure reports for five years in
the case.of applications for competitive aSsistance, and for generally three
years in the case of other appliCations. Update reports Will be made
available along with the disclosure reports, but in no case for a period
generally less than three years. All reports, both initial reports and update
reports, will be made available in accordance with the Freedom of
Information Act. (5 U.S.C. '~552) and HUD's,implementing regulations at 24
CFR Part 15. HUD will use the information in evaluating individual
assistance applications. and in performingdntemal.administrativeanalyses to
assist in the management9f li!P~C Hl![}proQ~ms. The information will
also be used in making Ple deteOllination u,nder Section 102(d) whether
HUD assistance for a specific housing projeCt ismCire than is necessary to
make the project feasible'after taking account of"other govemment
assistance. You mustprovide all the required information. Failure to
provide any required information may delay the processing of your
application, and may result in sanctions and penalties, including imposition
of the administrative and civil money penalties specified under 24 CFR
94.38.
Note: This form only covers assistance made available by the
Department. States and units of general local govemment that carry out
responsibilities under Sections 102(b) and (c) ofthe Reform Act must
develop their own procedures for complying with the Act.
Instructions
Overview.
A. Coverage. You must compll:lte this report if:
(1) You are applying for assistance from HUD for a specific project or
activity and you have received, or expect. to receive, assistance
from HUD in excess of $200,000 during the during the fiscal year;
(2) You are updating a prior report as discussed below; or
(3) You are submitting an application for assistance to an entity other
than HUD, a State or local govemment if the application is required
by statute or regulation to be submitted to HUD for approval or for
any other purpose.
B. Update reports (fllec;I by "Recipients" of HUD Assistance):
General. All recipients of covered assistance must submit update
reports to the Department to reflect substantial changes to the initial
applicant disdosure reports.
Line-by-Une Instructions.
ApplicantlReclpient Infonnatton.
All applicants for HUe competitive assistance, must complete the
information required in blocks 1-5 of form HUD-2880:
1. Enter the fun name, address, city, State, zip code, and telephone
number (induding area code) of the applicant/recipient. Where the
applicant/recipient is an individual, the last name, first name, and
middle initial must be entered.
2. Entry of the applicant/recipient's SSN or EIN, as appropriate, is
optional.
3. Applicants enter the HUD program name under which the assistance is
being requested.
4. Applicants enter the amount of HUD assistance that is being
requested. Recipients enter the amoutltof'HUQ/ilSSistaneethalhas
been providecl and to whi~ the update ~PQ!1~Ial~. .' Jt11:l a01Q4n!$
are those stated in the appliCation or awdittdocllln'entation. NOTE:" In
the case. of assistancetl:lllt is.pro)lided,p~!.t<mt,toc:ontra~,Qye'.a
period of time (such as project.~ba~aS$~nce under ~!:l,n 8 of the
United States Housing Act of 1937),. the amo~~.of assisti!nCE! to be
reported indudes all amounts that are to be pi'OYkfeCfov'er ttie term €If
the contract., irrespedive of when they are to be received.
'5. Applicants enter the name and full address of the project or activity for
which the HUD assistance is sought. Recipients enter the name and
full address of the HUD-assisted project. or activity to which the update
report relates. The most appropriate government identifying number
must be used (e.g., RFP No.; IFB No.; grant announcement No.; or
contract, grant, or loan No.) Indude prefixes.
Part I. Thresholct Detenninations - Applicants Only
Part I contains information to help the applieant determine whether the
remainder of the form must be completed, .. Recipients filing Update
Reports should not complete this Part.'
If the answer to either questions 1 or2 is No, the applicant need not
complete Parts II and III of the report, but must sign the certification at the
end of the form.
Part II. Other Government Assistance and Expected Sources and
Uses of Funds.
A. Other Govemment Assistance. This Part is to be completed by both
applicants and recipients for assistance and recipients filing update
. reports. Applicants and recipients must report any other govemment
assistance involved in the projed or act.ivlty fOr which assistanCe is
sought. Applicants and recipients must report any. other govemment
assistance involved in the project or adivity. .othergovemment
assistance is defined in note 4 on the last page. For purposes of this
definition, other govemment assistance is expeCted to be made
available if, based on an assessment of all the circumstances involved,
there are reasonable grounds to.anticipate that the assistance will be
forthcoming. ..' .
Both applicant and recipient discloSures mustJnctude all other
govemml:lnt assistance involved with the HUD assi$tance, .as.well as
any other govemment assistance that was made available before the
request, but that has continuing vitality at the time of the request.
Examples of this latter category include tax credits that provide for a
number of years of tax benefits, and grant assistance that continues to
benefit the project at the time of the assistance request.
The following information must be provided:
1. Enter the name and address, city, State, and zip code of the
govemment agency making the assistance available.
2. State the type of other govemment assistance (e.g., loan, grant,
loan insurance).
3. Enter the dollar amount of the other govemment assistance that is,
or is expected to be, made available with respect to the project or
activities for which the HUD assistance is sought (applicants) or
has been provided (recipients).
4. Uses of funds. Each reportable use of funds must dearly identify
the purpose to which they are to. be put. Reasonable aggregatiOns
may be L!sed, such as "total structure" to indude a number of
structural costs, such as roof, elevators, exterior masonry, etc.
B. Non-Govemment Assistance. Note that the applicant and recipient
disdosure report must specify all expected sources and uses of funds -
both from HUD and any other source - that have been or are to be,
made available for the project or activity. Non-govemment sources of
funds typically indude (but are not limited to) foundations and private
contributors.
Part III. Interested Parties.
This Part is to be completed by both applicants and recipients filing update
reports. Applicants must provide information on:
1. All developers, contract.ors, or consultants involved in the application
for the assistance or in the planning, development, or implementation
of the project or activity and
18
2. any other person who has a financial interest in the project or activity
for which the assistance is sought that exceeds $50,000 or 10 percent
of the-assistance (whichever is lower).
Note: A financial interest means any financial involvement in the
project or activity, including (but not limited to) situations in which an
individual or entity has an equity interest in the project or activity,
shares in any profit on resale or any distribution of surplus cash or
other assets of the project or activity, or receives compensation for any
goods or services provided in connection with the project or activity.
Residency of an individual in housing for which assistance is being
sought is not, by itself, considered a covered financial interest.
The information required below must be provided.
1. Enter the full names and addresses. If the person is an entity, the
listing must include the full name and address of the entity as well as
the CEO. Please list all names alphabetically.
2. Entry of the Social Security Number (SSN) or Employee Identification
Number (EIN), as appropriate, for each person listed is optional.
3. Enter the type of participation in the project or activity for each person
listed: i.e., the person's specific role in the project (e.g., contractor,
consultant, planner, investor).
4. Enter the financial interest in the project or activity for each person
listed. The interest must be expressed both as a dollar amount and as
a percentage of the amount of the HUD assistance involved.
Note that if any of the source/use information required by this report has
been provided elsewhere in this application package, the applicant need
not repeat the information, but need only refer to the form and location to
incorporate it into this report. (It is likely that some of the information
required by this report has been provided on SF 424A, and on various
budget forms accompanying the application.) If this report requires
information beyond that provided elsewhere in the application package,
the applicant must include in this report all the additional information
required.
. Recipients must submit an update report for any change in previously
disclosed sources and uses of funds as provided in Section 1.0.5., above.
Notes:
1. All citations are to 24 CFR Part 4, which was published in the Federal
Register. [April 1, 1996, at 63 Fed. Reg. 14448.]
2. Assistance means any contract, grant, loan, cooperative agreement, or
other form of assistance, including the insurance or guarantee of a
loan or mortgage, that is provided with respect to a specific project or
activity under a program administered by the Department. The term
doeS not include contracts, such as procurements contracts, that are
subject to the Fed. Acquisition Regulation (FAR) (48 CFR Chapter 1).
3. See 24 CFR ~4.9 for detailed guidance on how the threshold is
calculated.
4. "Other govemment assistance" is defined to include any loan, grant,
guarantee, insurance, payment, rebate, subsidy, credit, tax benefit, or
any other form of direct or indirect assistance from the Federal
govemment (other than that requested from HUD in the application), a
State, or a unit of general local govemment, or any agency or
instrumentality thereof, that is, or is expected to be made, available
with respect to the project or activities for which the assistance is
sought.
5. For the purpose of this form and 24 CFR Part 4, "person" means an
individual (including a consultant, lobbyist, or lawyer); corporation;
company; association; authority; firm; partnership; society; State, unit
of general local govemment, or other government entity, or agency
thereof (including a public housing agency); Indian tribe; and any other
organization or group of people.
APPENDIX
. Neighborhood Stabilization Award Awards - Preliminary 1/09
. Sumrnarized LISe Zip Code Level Foreclosure Need Score List
. 2008 Income Limits
. Definitions and Descriptions
. Acquisition and Relocation Requirements
1_
1. Aberdeen $722,159 15. Pierce Coun $4,692,761
2. Centralia $373,336 16. Seattle $458,126
3. Clark Coun $1,577,664 17. Shelton $900,625
4. Everett $546,899 18. Snohomish Coun $2,313,822
5. Federal Wa $651,688 19. S okane $1,085,281
6. Ho uiam $428,292 20. $689,625
7. Kelso $410,554 21. Sunn side $593,906
8. Kent $475,264 22. Tacoma $3,083,548
9. $2,285,126 23. To enish $240,757
10. Kitsa $671,745 24. Vancouver $802,767
11. Lace $339,705 25. Walla Walla $292,870
12. Lakewood $626,793 26. Wa ato $246,050
13. Moses Lake $314,519 27. Yakima $650,614
14. Pasco $402,141 28. Yelm $611,076
*AII but one jurisdiction on the original funding list submitted a letter of intent to participate in state's Neighborhood
Stabilization Program. The state will announce the final funding list by January 30, 2009, which will include revised
award amounts.
o ~ ~ ~ ~ ~ ~ ~ ~
d ~ - ~ - ~ - ~ ~
o ~ ~ N ~ ~ ~ N N
-
o N ~ ~ N ~ ~ ~ ~ ~
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en 01 w I\) en 01 w I\) ..... -...I .j:l. I\) <0 0') W I\) ..... en
0 I\)
~ SJ1 .j:l. 9 !D <0 -...I .!'l SJ1 0 W .0') ..... 9 SD I\) en .....
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Definitions and Descriptions
HUD required definitions and description of these specific terms in the state's NSP plan:
(1) Blighted structure - A structure is blighted when it exhibits objectively determinable signs of deterioration
sufficient to constitute a threat to human health, safety, and public welfare in context of local laws and in
accordance with the Revised Code of Washington (RCW).
W~hington State RCW 35.80A010 states that blight on the surrounding neighborhood is any property,
dwelling, bUildirg, or structlJre that meets any two of the following factors:
. If a dwelling, building, or structure~xists on the property, the dwelling, building, or structure has not
been lawfully occupied for a period of one year or more;
. The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare
as. determined by the executive authority of the county, city, or town, or the designee of the executive
authoritY; or
. The property, dwelling, building, or structure is or has been associated with illegal drug activity during
the previous twelve months.
(2)
Affordable rent - The state NSP will adopt the HOME definitions of affordable rent and affordability period in
24CF~ 92.252(a), (c), (e),and(f), adjusted for the N~ighborhoodStabilization program's 50 percent and 120
p~~cent target populations. The~e: federal regulations are located onthe state's CDBG website.
(3)
CQntinued Affordability - Continued affordability for each NSP-assisted property will be reinforced through the
lIs~of legal documents. Such documents include, as appropriate, a contract, a covenant running with the
land, and a deed of trust and promissory note with recapture/resale provisions.
Rel1abil.itation Standarcts -Thes,tate NSP win follOw the state HOME requirements for property standards prior
to occupancy, as stateq. in tile state HOME Program Handbook and as follows:
(4)
New Construction
State and local code requirements; and
Model.~nergy.c;o~~; Washingtoll State. energy code;, and
Handic;appedaccessibflity, requirel~lE~nts of the. Fair HOllsing Act and Section 504 of the Rehabilitation Act
H.e. projects of5 ormore units)i;and ... . '. . ., .. . ... .
Site and Neighborhood Standards per 24 Ci=R Part 983.6 (b), when not in conflict with HERA's objective of
addressing neighborhQod$ most impacted by foreclosures.
Acauisition and/or Rehabilitation
. 'HUD;s Section 8 Housing'QualityStandaJljs (HQS).as noted in 24..CFR 982.40;.. and
. All applicable local codes, rehabilitation standards, Ordinances, and zoning ordinances; and
. . Handicapped accessibility requirements of the Fair Housing Act and Section 504 of the Rehabilitation Act
where applicable (I.e. projects of5 or more units).
28
Acquisition and Relocation Requirements
The state's program will allow funding to demolish or convert residential properties if the activity meets certain
conditions. The local jurisdiction must document that demolition or conversion is the best activity to stabilize the
impacted neighborhood, how the activity is conducted in compliance with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act (URA), and meets NSP income targeting.
If the local jurisdiction identifies a property that includes low- and moderate-income (80 percent of AMI) dwelling units
and determines that demolition or conversion is the best activity to stabilize the impacted neighborhood, then the
jurisdiction must provide the following required data for CTED's DRGR system:
. Number of LMI (80%) expected to be demolished or converted as a direct result of NSP-assisted activities
. Number of NSP affordable housing units made available to LMMH (120%) expected to be produced by NSP-
assisted activities .
. Number of dwelling units reasonably expected to be made available for households whose income does not
exceed 50% of AMI
Any NSP funded acquisition, demolition or rehabilitation activity must be conducted in compliance with the Uniform
Relocation Assistance and Real Property Acquisition Policies Act (URA) before funding for that activity is committed.
Given the URA's extensive documentation requirements, the limited NSP funds, and the funding obligation timeframe,
CTED strongly discourages the use of NSP funds for acquisition, demolition or rehabilitation activities for occupied or
commercial properties. If a property is acquired, rehabilitated or demolished, CTED discourages mixing NSP with
other federal funds for this activity since this can undo NSP's alternative requirements. Contact CTED if a property
being considered for NSP assistance is occupied under URA definitions.
The minimum discount is 5% for each NSP property. In addition, the average discount for the subrecipient
jurisdiction's NSP portfolio of properties is 15%. When buying foreclosed homes from lenders or other mortgages, the
purchase price must be at a discount from the appraised value. The subrecipient jurisdiction must seek a "maximum
reasonable discount" from the seller.
29
.
Attachment 2
ClTYO' ~.
Federal Way
MEMORANDUM
DATE:
TO:
CC:
January 20, 2009
Neal Beets, City Manager
Cary Roe, PE, Assistant City Manager
Bryant Enge, Assistant City Manager
Lynnette Hynden, Human Service Division Manager
Greg Fewins, Community Development Services Department Director
Washington State Neighborhood Stabilization Program
FROM:
VIA:
SUBJECT:
Background:
The Housing and Economic Recovery Act (HERA) of 2008 established the Neighborhood Stabilization Program
(NSP). Funding is provided through the US Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) program. The State of Washington through Community Trade and Economic
Development (CTED) is required to allocate the funds based upon jurisdictions facing the three need categories in
the NSP statute: greatest percentage of home foreclosures, highest percentage of homes financed by a subprime
mortgage related loan, and most likely to face a significant rise in the rate of home foreclosures.
Washington State NSP eligible activities include:
A. Establish financing mechanisms;
B. Purchase and rehabilitate homes and residential properties that have been abandoned or
foreclosed upon in order to sell, rent, or redevelop such homes and properties;
D. Demolish of blighted structures; and
E. Redevelop demolished or vacant properties
Conditions and Limitations of Funding
. Beneficiaries of the funds must have income levels at or below 120 percent of area median
income.
· Funds must be obligated to specific projects within 18 months of the state's receipt of NSP
funding.
· All funds must be awarded and administered in compliance with the federal NSP requirements.
· Tracking of program income and monitoring of projects will continue through July 30, 2013.
· The state CDBG program will use five percent of the award for its administration. Jurisdictions
who receive NSP funding will be able to use five percent of their funding for administrative costs
and charge eligible program delivery costs to direct activities. In addition, jurisdictions will be
able to use ten percent of any program income that is generated.
· Twenty-five percent of funds are to benefit income levels at or below 50 percent of area median
income (very low-income), while the remainder can benefit income levels at or below 120
percent of area median income (middle-income).
· The dollars are to be used on already foreclosed properties. It is not the intent to use NSP
funds to halt or interrupt a foreclosure process.
City Of Federal Way Demographics:
The City notified CTED of its intent to develop a plan.
Deadlines:
January 30, 2009 - CTED will announce final funding list.
April 1, 2009 - FW will need to submit a detailed plan for use of funds, capacity to obligate the funds to
specific activities within 18-months. This needs to include a plan for at least 25% of the funds will benefit those with
income level at or below 50% of area median income.
Tentative Dollars:
$651,68~.00 Total Amount (after State 5% Admin)
$137,198.00 Target dollars at less than 50% of AMI
$32,584.00 Local 5% Admin
Staff Recommendation:
His recomrnended that a subcommittee from the Human Services Commission assist Human Services staff
in drafting a preliminary plan. The plan will be presented to the entire Human Services Commission for vote on
February 23, 2009. Staff would then present the HSC recommendations to the PRHS&PS Committee. T~~...
presentation to the committee would have to occur in early March so that if recommended could be forwarded to
Council i~ lVJarch ~.well in .orderto meet the deadline set our by CTEp.
.
Attachment 3
Federal Way Community Stakeholders:
The City of Federal Way has been designated by the state Department of Community, Trade and
Economic Development (CTED) to receive $651,688 to establish and implement a Neighborhood
Stabilization Program (NSP). Funding is provided through the US Department of Housing and Urban
Development (HUD) Community Development Block Grant (CDBG) program.
The purpose of NSPis tb address the impact of abandoned and foreclosed homes in our
neighborhoods and communities. All funds must be awarded and administered in compliance with
the federal NSP requirements. Funds must be obligated to specific projects within 18 months of the
state's receipt of NSP funding~ The City of Federal Way Human Services Commission would like
stakeholder input into the development of Federal Way's plan for the use of these funds.
2. Purchase and rehabilitate homes and residential properties that have been abandoned or
foreclosed upon, in order to sell, rent, or redevelop such homes and properties~
Due to the limited time to obligate funds, the City of Federal Way Neighborhood Stabilization Program
will not allocate funds to the NSP eligible activities to: 1. Demolish blighted structures; or, 2.
Redevelop demolished or vacant properties.
The City is required to allocate the funds based upon the areas facing the highest need in the three
need categories in the NSP statute: greatest percentage of home foreclosures, highest percentage of
homes financed by a subprime mortgage related loan, and most likely to face a significant rise in the
rate of home foreclosures. The.following Census Tracts have been determined to be at high risk for
foreclosures: 300.02, 302.01, 302.02, 303.03, and 303.11. These maps were developed based upon
risk data furnished by the HUD Department of Policy Development and Research to target NSPfunds
to high risk neighborhoods. (Detailed information on the data used to produce these maps is
available at: htto://www.huduser.ora/datasets/nsotaraet.html.)
Beneficiaries of the funds must have income levels at or below 120 percent of area median income,
with at least 25 percent of each award for purchase/redevelopment of abandoned/foreclosed
residential properties to benefit individuals or families with incomes at/below 50% of area median
income. At a minimum, $174,657 of funds allocated to Federal Way must be targeted to serve
households below 50% Area Median Income (AMI). Priority will be given to projects that
demonstrate the ability to meet these requirements and benefit lower income residents while
stabilizing neighborhoods. The HERA legislation requires that homes be purchased at a discount
below appraised value. Projects awarded Federal Way NSP funds must demonstrate how they will
assure acquired properties will result in a 15% aggregate discount to the program.
The City of Federal Way Human Services Commission is requesting comments from the community
on Federal Way's Neighborhood Stabilization Program. Written comments may be submitted via e-
mail to: kelli.odonnell@citvoffederalwav.com or may be forwarded to: City of Federal Way, Attn: Kf;llli
O'Donnell, P.O. Box 9718, Federal Way, WA 98063-9718. Prior written comments must be received
2
by 5:00 p.m. on February 23, 2009, in order to provide time to copyano'distributeto;the..: ':
Commission. Comments may also be provided during the public comment portion of the Human
Services Commission meeting on February 23,2009, at 5:30 pm at Federa.WayrCity'lrlalk,Please
RSVP to Kelti O'Donnellby'5:00 p.m. on February 16, 2009, if you planto'attendtileHuman
Services Commission meeting to provide comment at the above e-mail or by phone a~253.a35.2653
so that we can assure that we have adequate meetingroom~
Reasonable accommodations at the public meeting such as sign language interpretation or altemate
formats for printed materials, are avaUablefor individuals with disabilities with. advance notice. City
Hall compUeswiththe AmericaoDisabilities Act. Please call KeUi O'Donnell at(253)835~2653 at
least two: business. day in advance to request accdmmodation. ForTDD relay.service call. 1-800,-833-
6388/TDD or 1,.800'"833-6384/voice.
Additional information is available at:
Washington State Neighborhood. Stabilization Program: www~cted;wa;aov/cdba
HUD requirements. for the Neighborhood Stabilization Program is available at:
htto://www.hud.aov/offices/cod/communitvdeveloomentloroaramslneiahborhoodsoa/.
Kelli O'Donnell, Human SendceslCDBG.Coordinator
City of Federal Way
Mailing:
PO Box 971.8
Federal Way, WA 98063-9718
Street Address:
a6325,8thiAve S
FederakWay
Phone:.253.~35.2653.
F'ax!253~835.2609
sent bee to protect your e-mail
3
Predicted 18 Month Prob.lem Foreclosure Rate
by Census Block Groups
Puget
Sound
.~
__:!..4J!1!n.,_/---"._.
''\ \
\ .,
Foreclosure Rate
.. 0.00 - 0.1%
.. 0.11-0.5%
.. 0.51-1.0%
~ 1.01 - 1.5%
1.51 - 2.0%
2.01 - 2.5%
III 2.51 - 3.0%
.. 3.01 - 3.5%
, .. 3.51 - 4.0%
.. 4.01 - 4.2%
i
It.\E
.>.
,l'\
General Legend:
D Federal Way City limits
D Potential Annexation Area
D Census Tracts
D Census Block Groups
Surface Water
Source: HUD; 2000 Census
~ 0 0.5 1
N Miles
A Federal Way
This map is accompanied by no warranties,
and is simply a graphic representation.
Estimated Foreclosure Abatement Risk
by Census Block Groups (Sca/eof1-10)
Puget
Sound
<.
3
f~o
_~-l'm.,.,c,,>"~'"
1
\~
""-
Est. Abatement Risk
1 - Low Risk
2
3
4
5
6
.. 7 -- Medium High Risk
,
:
~'"
~
.if
&
!J
'-"',1'."1l
-"?!-12
"'~'"
"p,.
"
,
\
II: IikE\
. borlIood
Viz . mARislc. 11
i
i
i
I
/'.'"
l )
General legend:
o Federal Way City Limits
D Potential Annexation Area
D Census Tracts
D Census Block Groups
Surface Water
Source: HUD; 2000 Census
~ 0
N
0.5
1
Miles
~ Federal Way
This map is accompanied by no warranties.
and is simply a graphic representation.
Kelli O"Donnell
.
From:
Sent:
To:
Cc:
Subject:
Faith Richie [frichie@valleycities.org]
Wednesday, February 11, 200910:51 AM
Kelli O'Donnell
Dawn Cherne; Dan McDougall-Treacy
Written Comments - Neighborhood Stabilization Program
Attachment 4
Kelli - . h d St b T ti P g m
We have reviewed the city of Federal Way Human Services Commission's proposed Neighbor 00 a Ilza on ro ra .
We are strongly supportive of the focus on homelessness prevention activities - and in particular, want t? support the
idea of purchasing and renovating homes to serve low income families. In order to benefit both the I~w Income
residents and to stabilize the neighborhood we would recommend that you consider Supported HOUSing models, so that
the affordable housing is paired with support services so that the families can be successful.
Thanks, Faith
Faith Richie, Chief Executive Officer
Valley Cities Counseling & Consultation
2704 "I" Street NE, Auburn W A 98002
e-mail: frichie@valleycities.or~
Phone: 253-876-3425
Fax: 253-735-4111
www.valleycities.com
From:
Sent:
To:
Cc:
Subject:
Peggy LaPorte [Iaportepeggy@yahoo.com]
Wednesday, February 11, 200910:04AM
Kelli O'Donnell
Bob Wroblewski
Re: Request fOr Stakeholder's Input on the City of Federal Way Neighborhood Stability
Program
Hi K~11i,
This is a very tempting and intriguing offer and one that I hate to turn down, but our board has discussed it and
decided that it would be in our best interest to maintain and hold steady and not consider adding more housing
at this time. We do not want to over We our volunteers with what may be additional work in revamping a new
unit, nor do we want to take on "more than we can chew" as an organization that has experienced exponential
growth in the past year.
Thank you for bringing this to our attention and good luck with the Neighborhood Stability Program.
Peggy LaPorte
<" ....~*..
.~._._-.;.._.-.....,~-~ .....-.-...... -~ ':-., >:.."'-.,.,.<'-.----~,...... "'- "'=<w':" ::-',",~,,-,
From:
Sent:
To:
Subject:
Dini Duclos [dini<1@multi-servicecenter.comj
Monday, February 09,200910:24 AM
Kelli O'Donnell
Neighborhood Stabilization
HI "Kelli,
I am responding as MSC's CEO to this. I would strongly support the first option of establlsing a financing mecmanism to
help people get back Into housing. I think working with relators would be benefical and take the brunt of work pff the staff.
Dini
No virus found in this outgoing message.:/iwww.avg-antivirus.netl
Ch8cked by AVG.
Version: 7.5.552/ Virus Database: 270.10.19/1941 - Release Date: 2/9120096:50 AM
ITEM #: \.D.e.
COUNCIL MEETING DATE: March 17, 2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: 2009 Planning Commission and Long Range Planning Work Program
POLICY QUESTION: How should the 2009 Planning Commission Work Program be prioritized?
COMMITTEE: Land Use/Transportation Committee (LUTe)
CATEGORY:
MEETING DATE: March 2,2009
o Consent
~ City Council Business
o Ordinance
o Resolution
o Public Hearing
o Other
STAFF REPORT By: Margaret Clark, Senior Planner
DEPT: Community Development Services
Background: At the beginning of each calendar year, the Planning Commission's work program for that year is approved by
the City Council. The Planning Commission's work program consists of reviewing and making recommendations to the Land
Use/Transportation Committee (LUTe) and City Council on comprehensive plan amendments that are docketed and selected
for further review and zoning code amendments that are prioritized for review by the LUTC and City Council. Staff has
prepared the attached staff report to assist the LUTC and City Council in approving this year's work program.
Attachments: February 24,2009, Staff Report to the LUTC
Options Considered: I) Approve the staff recommendation; 2) Modify the staff recommendation
STAFF RECOMMENDATION: Staff recommends the 2009 Planning Commission Work Program as outlined in Section F of
the February 24,2009, Staff Report to the LUTe.
CITY MANAGER ApPROVAL:
~
Committee
DIRECTOR ApPROVAL:
(1Pr
Committee
~
Council
COMMITTEE RECOMMENDATION: Forward the staff recommendation as outlined in Section F of the February 24, 2009,
Staff Report to the LUTC to full Council on March 17,2009.
~-dk~
Dini Duclos, Member
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDmEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:\2009 Code AmendmentslPC & Long Range Work Program\LUTC\Agenda BilI.doc
~.
CITY OF ~$J"$~""$"'"
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
February 24, 2009
Land Useffransportation Committee (LUTC)
Cary Roe, Assistant City Manager
Greg Fewins, Director of Community Development Services
Margaret H. Clark, AICP, Senior Planner
TO:
VIA:
FROM:
SUBJECT:
2009 Planning Commission and Long Range Planning Work Program
MEETING DATE: March 2, 2009
A. POLICY QUESTION
How should the 2009 Planning Commission Work Program be prioritized?
B. BACKGROUND
At the beginning of each calendar year, the Planning Commission's work program for that year is
approved by the City Council. The Planning Commission's work program consists of reviewing and
making recommendations to the Land Useffransportation Committee (LUTC) and City Council on
comprehensive plan amendments that are docketed and selected for further review and zoning code
amendments that are prioritized for review by the LUTC and City Council.
The purpose of this memorandum is to assist the LUTC and City Council in approving this year's
work program. An update was presented to the Planning Commission on February 18,2009. The
information is organized as follows:
1. Section C -Status of the 2008 Planning Commission Work Program (Code Amendments
Only)
2. Section b - Comprehensive Plan Update
3. Section E - Other Long Range Planning Responsibilities (These are not part of the
Planning Commission Work Program but are required to be done by Long Range
Planning Staff.)
4. Section F - Potential Planning Commission Work Program/Staff Recommendation
C. Status of the 2008 Planning Commission Work Program (Code Amendments Only)
Description Status
Portable Signs in the R-O-W - Amended the zoning Completed
code to allow portable signs in the public right-of-way
Cargo Containers - Adopted procedures and Completed
regulations related to cargo containers
Commute Trip Reduction (CTR) Plan - Adopted a new Completed
CTR plan consistent with new rules and guidelines
developed by the state
Code Re-organization - Reorganized Federal Way Completed
City Code to make them more user friendly
Expand Zones where Churches are Allowed; Delete City Council I st Reading - February 17, 2009
Maximum FQ(;ade Length Requirement in Commercial City Council 2nd Reading - April 7, 2009
Zones - Amend the zoning code to allow churches in
all zones in response to the evolving nature of churches
and modify the community design guideline standards
related to maximum fatyade length to ensure good
design related to increased building heights
Home Occupations. Adult Family Homes, Social City Council I sl Reading - February 17, 2009
Service Transitional Housing, Group Homes, Day City Council 2nd Reading - April 7, 2009
Cares, and Accessory Use - Amend the zoning code
for both consistency with state law and internal
consistency of the code
--
Hours of Operation - Amend the zoning code to Planning Commission Public Hearing -
expand the allowable hours of operation based on February 18,2009
specific criteria LUTC Meeting - March 2, 2009
Emergency Recreational Vehicle Parking - Amend the Planning Commission Public Hearing -
zoning code to allow recreational vehicles (R V s) as a February 18,2009
temporary dwelling on a residential lot where the LUTC Meeting - March 2, 2009
primary dwelling unit is unsafe to occupy by reason of
disaster or accident such as fire, wind, earthquake, or
other similar circumstance
Significant Trees, Vegetation Retention, Clearing, and LUTC Meeting - February 23,2009
Grading - Proposed amendments to the zoning and City Council I sl Reading - March 17, 2009
subdivision codes related to the preservation of
significant trees, vegetation retention, and site grading
Open Space and Park Dedication Amendments Related Study Sessions held with Planning Commission
to Parks Impact Fee - Amend the zoning code related and Parks Commission on January 7th and
to open space set-aside concurrently with adoption of a January 8,2009, respectively. Committee of the
Parks Impact Fee Whole Meeting is scheduled for March 3, 2009
Traffic Impact Fee (TIF) - This would replace Planning Commission Public Hearing - March
Concurrency Mitigation with a new Transportation 18,2009
Impact Fee Program
Low Impact Development - Amend the zoning and The City has received and is in the process of
subdivision codes to incorporate Low Impact reviewing a draft LID plan prepared by AHBL
Development (LID) techniques. Consulting
Land Userrransportation Committee (LUTC) Staff Report
2009 Planning Commission and Long Range Planning Work Program
Meeting Date: March 2, 2009
Page 2
Description Status
2005-2007 Shoreline Master Program Update- Staff prepared a Master Program Update and
Proposed amendments to the Shoreline Master recently received comments from the
Program for consistency with state law Department of Ecology (DOE). We are in the
process of evaluating these comments.
Shoreline Stringline Setback - Amend FWCC Chapter This is being addressed as part of the Shoreline
18, Article III to add flexibility in measuring the Master Program update.
shoreline string line setback
lncrease the Maximum Allowable Height in Planning Commission Study Session - April
Commercial Zones - Amend commercial use zone 2008
charts to reflect trends in the market place related to a
desire for increased building heights
Allow Off-Site Signs, Portable Signs, Banners, & Not Started - Note, this will be included in the
Kiosks - Adopt regulations to allow off-site signs in second phase for portable signs.
order to better publicize major events in our city, such
as the Federal Way Symphony concerts; Festival Days;
Red, White, and Blue Festival; Centerstage plays; Han
Woo Ri; etc. Also revisit regulations for portable signs
D. COMPREHENSIVE PLAN AMENDMENTS
The Federal Way City Code (FWCC) requires the City to accept applications for amendments to the
comprehensive plan on an annual basis. The following summarizes the status of these amendments:
1. 2008 Update - The City is presently working on the 2008 Comprehensive Plan Amendments.
This includes three site-specific requests (Federal Way Village, Nguyen, and Pacific Heights/
Granville) to amend the comprehensive plan and zoning map and housekeeping amendments to
various chapters of the comprehensive plan (at SEPA stage).
2. 2009 Update - The City received seven site-specific requests to amend the comprehensive plan
and zoning maps in September 2008. Five out of the seven requests are located within the SW
3561h Subarea (not started).
3. 2011 Update - The existing deadline for the next major update to the comprehensive plan is
December 1, 2011. However, there is a bill in the legislature to extend the deadline to 2013.
E. OTHER LONG RANGE PLANNING RESPONSIBILITIES
The following describes reporting or monitoring work required by the state, county, or other agencies.
This is not part of the Planning Commission Work Program.
1. Prepare an annual report on building permit and other housing-related data to the Washington
Office of Financial Management, which is used to determine the population ofthe City as of April
151 of each year.
2. Prepare an annual report on number of building permits broken out by type and achieved densities
of all residential development and floor area ratios of non-residential development to King County
to be used for the King County Benchmark and Annual Growth Information Reports, the Buildable
Lands Report, and annual reports prepared by the Puget Sound Regional Council (pSRC).
Land UselTransportation Committee (LUTC) Staff Report
2009 Planning Commission and Long Range Planning Work Program
Meeting Date: March 2, 2009
Page 3
3. Provide information on an annual basis to King County on affordable housing, acres of parkland,
Urban Center activity, and miles of streets to be used as benchmarks in measuring how the City is
meeting the requirements of the Growth Management Act (GMA). This information is also
included in the King County Benchmark and Annual Growth Information Report.
4. Provide reports on Capacity Analysis and Reasonable Measures being undertaken to meet
planning targets to Buildable Lands and Land Use Manager, King County Suburban Cities.
5. Provide information on an annual basis on subdivision activity to King County.
6. Respond to surveys from University of Washington, PSRC, and other institutions.
7. Work on a City interdepartmental team to coordinate population projections and land use
allocations for the City and its related Transportation and Analysis Zones (TAZ's).
8. Participate in the King County Buildable Lands Team to allocate household targets.
9. Review proposed amendments to the King County Countywide Planning Policies and provide
information to the City Council for their feed back.
F. POTENTIAL 2009 PLANNING COMMISSrON WORK PROGRAM/STAFF RECOMMENDATION
The Long Range Planning staff is comprised of 1.5 FTE's in addition to some consulting assistance in
the past. At the present, the Department does not have any money for consulting services. However,
there is a potential this year for assistance from the Current Planning Staff for long range work
depending on the level of development activity.
Based on past experience, the long range planning staff s time is expected to be spent on the annual
comprehensive plan update process and reporting and monitoring work required by state law. In
addition, staff will be required to complete the Shoreline Master Program Update this year.
Given these resources, staff recommends the following Planning Commission Work Program. As in
the past, it is the staffs intention to complete the adopted work program by the end ofthe calendar
year; however, some items may have to be carried over to the 2010 Work Program if we are unable to
complete them in 2009.
1. The potential Work Program is organized as follows:
. Column One shows work that could be accomplished by the existing Long Range Staff, which
is comprised of 1.5 FTE' s. Janet Shull's position is presently split between current and long
range planning responsibilities. For this year, the department proposes to shift Janet's current
planning responsibilities to the four remaining current planners in order to provide two FTE's
for long range planning efforts. Work shown in Column One includes the 2008 and 2009
Comprehensive Plan Updates, the Shoreline Master Program Update, and required reporting
and monitoring; all mandated items. It also includes work related to adopting a Parks Impact
Fee and related amendments to open space set aside, and amendments relating to adoption of
Low Impact Development regulations, which the City would like to complete, although they
are not mandated to do (shown in a darker shade of grey). The remaining item, the 2011
Comprehensive Plan Update, shown in gray will be started, time permitting.
Land Userrransportation Committee (LUTC) Staff Report
2009 Planning Commission and Long Range Planning Work Program
Meeting Date: March 2, 2009
Page 4
· Column Two shows work that could be accomplished by the current planning staff. Work
ShO'-"l1 in the first four rows will most likely be completed, given the current work load. The
remaining four items shown in gray are in priority order and will be completed, time
permitting. For the most part, amendments shown in this Column are relatively simple code
amendments.
. Column Three shows work that could be accomplished only with consulting work, in priority
order. However, even with some consulting services available, the last item, the 272nd Subarea
Plan, shown in grey, may not be able to be done due to lack of financial resources.
. Section F.2 lists other potential code amendments that could be substituted for items in
Columns Two or Three.
Based on 2.0 FTE'S
Complete the 2008
Comprehensive Plan Update
(Required)
Complete the 2009
Comprehensive Plan Update
(Required)
Complete the Shoreline
Master Program Update
(Required)
State Deadline: 12/01/2009
Grant Deadline: 06/04/2009
Potential Planning Commission Work Program
Based on Consulting Assistance
Based on Assistance From Current
Planning
Amend expiration time limits for Increase the maximum allowable
approved plats and land use applications height in Commercial Zones
Explore options related to moving the
point of collection of all city-
administered impact fees to a date
closer to the end of the development
and building process
Allow Off-Site Signs, Portable
Signs, Banners, & Kiosks (Includes
Phase 2 Portable Signs)
Increase the SEP A flexible thresholds for Consider incentives for Sustainable
gross floor area and parking
Development Projects such as:
. Reduced parking requirements
. Flexible road standards
. Increased heights and floor
area ratios
. Increased density
. Reduced building setbacks
Monitoring and Reporting
(Required)
Amend FWCC Chapter 22, Article
XIII, Division I related to revising
the process for permining cell
towers and wireless facilities and
their development standards
Land Useffransportation Committee (LUTe) Staff Report
2009 Planning Commission and Long Range Planning Work Program
Meeting Date: March 2, 2009
Page 5
Based on 2.0 FTE'S
Based on Assistance From Current
Planning
Based on Consulting Assistance
2. The following lists other potential new amendments for the 2009 Planning Commission Work
Program (not prioritized), which the LUTC and City Council may wish to substitute for other
items in Columns Two or Three:
. Delete the maximum allowable density for senior housing in the BC zone
. Amend FWCC Chapter 18, "Environmental Protection," to address carbon emissions
. Revise Community Design Guidelines
. Amend FWCC Chapter 22, "Zoning," to require design standards and development
requirements for essential public facilities
. Adopt a Crime Free Housing Initiative whereby the City can designate a property a nuisance
after repeat police visits to nuisance properties
. Develop subarea plans and corresponding development standards for the Neighborhood
Business zones
G. COMMITTEE OPTIONS
The LUTC and/or City Council may substitute items on the Potential 2009 Planning Commission Work
Program, or may modifY the priority order recommended by staff.
K:\2009 Code Amendments\PC & Long Range Work Program\LUTC\Staff Report.doc
Land Useffransportation Committee (LUTC) Staff Report
2009 Planning Commission and Long Range Planning Work Program
Meeting Date: March 2, 2009
Page 6
COUNCIL MEETING DATE: March 17,2009
ITEM #: 7. Cl, .
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SlJBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22 "Zoning," regarding allowing temporary
occupancy of a recreational vehicle at a residential property where the primary dwelling unit has been damaged
and deemed unsafe to occupy.
POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 22 "Zoning, " to allow temporary
occupancy of a recreational vehicle at a residential property where the primary dwelling unit has been damaged and
deemed unsafe to occupy?
COMMITTEE: Land Use/Transportation Committee (LUTe)
MEETING DATE: March 2, 2009
CATEGORY:
D Consent ~ Ordinance D Public Hearing
D City Council Business D Resolution D Other
ST ~J?J?.~J<:J:>()~!. ~X:C::()Il~!<l.c:.!~eIl~()!~l<l~~!!.~,~~<l~i,~.mm. .... ..'mmm ...'m~J<:J:>!~g()~~Il~!yp~y~l()p~~llt~~Eyic:~~
Background: The proposed zoning code amendments pertaining to allowing temporary occupancy of a recreational vehicle
was initiated by the City Manager at the request of a citizen. The amendments will allow temporary occupancy of a
recreational vehicle at a residential property where the primary dwelling unit is unsafe to occupy by reason of disaster or
accident such as fire, wind, earthquake, or other similar circumstance. The proposed code amendments set out the process to
request the temporary approval, identify the allowed duration and allowable location for the temporary occupancy, and allow
the Director to revoke the approval if the requirements of the code are not met. The Planning Commission conducted a public
hearing on Febmary 18,2009, and recommended that the City Council approve the proposed amendments as recommended
by staff.
Attachments: (1) Draft Adoption Ordinance with Exhibit A - Proposed Amendments as Recommended by the Planning
Commission; (2) Staff Report to the Planning Commission for the Febmary 18,2009, Public Hearing; and (3) Draft Minutes
of the February 18,2009, Planning Commission Public Hearing.
Options Considered: (1) Adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption
ordinance; (2) Adopt the Planning Commission's recommendation as modified by the LUTC; (3) Do not adopt the
amendments; or (4) Refer the amendments back to the Planning Commission for further proceedings.
........."...............................................n.....................................,........,...............,.....................,....................,.................,.. ..................,,,........................
STAFF RECOMMENDATION: Staff recommends that the Council approve Option #1; adopt the Planning Commission's
recommendation as shown in Exhibit A to the Draft ion Ordinance.
CITY MANAGER ApPROVAL:
~ee
DIRECTOR ApPROVAL:
C~ttee
~
Council
COMMITTEE RECOMMENDATION: Forward Option a opt the Planning Commission's recommendation as ma~rf;u{ in
tX. A-' ~ tthe D:ft Adoption or7ffianc to full oooeil on , 17, 2009,fodmt reading. L. iJ~
~. l~cl~ K(>Lv--~ . iU A .
Linda Kochmar, Chair ' Dini Duclos, Member
PROPOSED COUNCIL MOTION(S):
1 ST READING OF ORDINANCE (3/17/09): ! move to forwar~ the ordinance to a second reading for ena~lmynt on the April.
7 2009 consent agenda wr-/{/I HIe. a.dch+ftl'YI cf' Clddlh ey,ttL l{LI''l~tJTI(..v -f:t> o..('khoW/,~dCfc< QQoc1 'fCl/ ..fVlel/vrt 11'1 .
Q/;M;'+/nCl Cl.. =1~t.\e.LYV 'rl1-Onit-, U-fe.4k$J'1;1 .-10 OCCVpvjw\.tl ~ 'D p,;hrrrttl! ve..illcl'b, '!;Oftl k (-l prlYVlC(.fLj rt,sdC'l'lft
Z" REAOONG OF ORDINANCE (4/7/IT9): J move approval of t e UTe's recommendation to .approve th..e. co'd'e /
amendments, which are attached asEx~ A - ( to the A doption Ordinance. " is. /'( j:fVN.J .
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:\2009 Code Amendments\Rv's in Residential Zones\LUTC\LUTC agenda bill Agenda BiII.doc
CITY OF FEDERAL WAY
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASmNGTON, RELATING TO ALLOWING TEMPORARY OCCUPANCY OF A
RECREATIONAL VEmCLE AT A RESIDENTIAL PROPERTY WHERE THE
PRIMARY. DWELLING UNIT HAS BEEN DAMAGED BY A DISASTER OR
ACCIDENT AND DEEMED UNSAFE TO OCCUPY; AMENDING FEDERAL WAY
CITY CODE (FWCC) CHAPTER 22 "ZONING," ARTICLE I "IN GENERAL"
SECTION 22-1; ARTICLE xm "SUPPLEMENTARY DISTRICf REGULATIONS"
SECTIONS 22-1112, 22-1135, 22-1177, AND 22-1180.
WHEREAS, the City recognizes the need for temporary housing following a disaster or accident; and
WHEREAS, Federal Way City Code (FWCC) Chapter 22 "Zoning," currently permits sleeping in a
recreational vehicle in a residential zone for no more than 14 days in a 180-day period; and
WHEREAS, the adoption of code amendments to allow temporary occupancy of a recreational vehicle
at a residential property where the primary dwelling unit has been damaged and deemed lUlsafe to occupy
by reason of disaster or accident such as fire, wind, earthquake, or other similar will respond to the needs
of the citizens of the city and meets the intent of Chapter 36.70A RCW, Growth Management; and
WHEREAS, the City of Federal Way rmds that the proposed code amendments allowing the Director
to grant such permission are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City COlUlcil fmds that the proposed code amendments are consistent with the intent
and purpose ofFWCC Chapter 22, "Zoning," to provide for and promote the health, safety, and welfare
of the general public; and
WHEREAS, the City's SEPA Responsible Official issued a Determination ofNonsignificance (DNS)
on the proposed code amendments on January. 31, 2009, and no comments or appeals were received and
the DNS was finalized on March 2, 2009; and
WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized by FWCC
Section 22-216 pursuant to Process VI review; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, CitY ColUlcil
Committee, and full City ColUlcil has received, discussed, and considered the testimony, written
comments, and material from the public as follows:
1. The Planning Commission conducted a duly noticed public hearing on these code amendments on
February 18, 2009, and forwarded a recommeridation of approval to the Land Uselfransportation
Committee; and
Ord No. 09 - , Page 1
2. The Land Uselfransportation Committee of the Federal Way City Council considered these code
amendments on March 2, 2009, following which it recommended adoption of the text amendments as
recommended by the Planning Commission to the City Council; and
Now, TIlEREFORE, TIlE CITY COUNCIL OF TIlE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. FindinllS. The City Council of the City of Federal Way makes the following findings with
respect to the proposed code amendments.
A. The amendments will address current code deficiencies and serve the public interest. by
establishing provisions for temporary housing following a disaster or accident.
B. The standards for temporary occupancy of a recreational vehicle will ensure compatIbility with
the surrounding neighborhood.
C. These code amendments comply with Chapter 36.70A RCW, Growth Management.
D. These code amendments are consistent with the intent and purpose of FWCC Chapter 22
"Zoning," and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
E. After full and careful consideration, the City Council of the City of Federal Way finds that the
proposed code amendments will protect and will not adversely affect the public health, safety, or
welfare.
F. These code amendments are in the best interests of the residents of the City of Federal Way.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal, Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, .the
following Federal Way Comprehensive Plan goals and policies:
LUPl Use residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
LUP1! Support the continuation of a strong residential community.
LUG3.1 Provide wide range of housing densities and types in the single-family
designated areas.
Ord No. 09-
, Page 2
LUG4 Provide a wide range of housing types and densities commensurate with
the community's needs and preferences.
HP4 Maintain a strong code enforcement program to protect residential areas
from illegal land use activities.
2. The proposed FWCC text amendments bear substantial relationship to the public health, safety,
and welfare because it provides for temporary housing following a disaster or accident.
And
3. Approval of the proposed code amendments benefits the City asa whole as it provides the
opportunity for temporary housing following a hardship such as a natural disaster or accidental
fire and the standards for location and duration of the allowed temporary recreational vehicle
dwelling ensures compatibility with the surrounding neighborhood.
Section 3. Amendment. FWCC Chapter 22 "Zoning," Article I "In General" Section 22-1; and Article
xm. "Supplementary District Regulation" Sections 22-1112, 22-1135, 22-1177, and 22-1180 are
amended as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the day of . 2009.
APPROVED:
Mayor, Jack Dovey
ATTEST:
City Clerk, Carol McNeilly
Ord No. 09-
, Page 3
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERIC
PASSED BY THE OTY COUNCIL:
PUBLISHED:
EFFECflVE DATE:
ORDINANCE No:
K:\2009 Code Amendments\Rv's in Residential Zones\LUTC\Adoption Ordinance.doc
Ord No. 09 - . Page 4
Federal Way City Code (FWCC)
Chapter 22 "Zoning"
Article I "In General"
Add New Defmition from RCW 46.70.011
22-1 Definitions
"Recreational vehicle" means a travel trailer. motor home. truck carrmer. or camping trailer that is
primarily desilmed and used as temporary livin2 quarters. is either self-propelled or mounted on or drawn
by another vehicle. is transient. is not occupied as a nrimary residence. and is not immobilized or
permanently affixed to a mobile home lot.
Article XIII "Supplementary District Regulations"
Division 8. Outdoor Activities and Storage
22-1112 Residential uses.
Outdoor uses, storage and activities normally associated with a residential use are permitted, unless
otherwise regulated or prohibited by this chapter.
All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either
detached or attached dwellings shall be in a garage, carport or on an approved impervious surface. except
for recreational vehicles to be used as a temoorarv dwellin2 on a sine:le-familv residential lot where the
primary dwellin2 unit is unsafe to occupy bv reason of disaster or accident such as fire. wind. earthquake,
or other similar circumstance. Nonmotorized vehicles may include but are not limited to travel and camp
trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport or
impervious smface used for motor vehicle or nonmotorized vehicle parking or storage shall have direct
driveway access. This section does not apply to residential lots containing a detached dwelling unit where
the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable
motor vehicles must be stored in a completely enclosed building regardless of the size or zoning
designation of the lot. (Ord. No. 90-43, ~ 2(115.105(2)),2-27-90; Ord. No. 99-341, ~ 3, 5-4-99)
Division 9. Yard Requirements
22-1135 Driveways and parking areas.
Vehicles may not be parked in required yards except as follows:
(1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for
detached dwelling units.
a. Generally. Vehicles may not be parked in a required side yard. but may be parked in the
required front and rear yards only if parked on a driveway and/or parking pad, exeept as speeifieEl iB
StiBSeeaea (l)(b) of this seetiea. A driveway and/or parking pad, in a required front yard, may not exceed
20 feet in width excent as specified in subsection ( 1 )(b) of this section and may not be closer than five
Temporary Recreational Vehicle Occupancy Code Amendments
Page 1 of3
feet to any side property line. Recreational vehicles to be used as a temOOrary dwelling on a residential lot
where the primary dwelling unit is unsafe to occupy by reason of disaster or accident such as fire. wind.
earthouake. or other similar circumstance are not required to be parked on a drivewav and/or oarking pad.
b. Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width
if:
1. It serves a three-car garage;
2. The subject property is at least 60 feet in.width; and
3. The garage is located no more than 40 feet from the front property line.
In addition, a driveway may flare at the front property line to a maximum width of 30 feet.
(2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply
to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones.
a. Parking areas may not be located in required yards.
b. Driveways must be set back at least five feet from each property line, except the portion of any
driveway which crosses a required yard to connect with an adjacent street.
(3) Other uses. Parking areas and driveways for uses other than those specified in subsections (l)(a)
and (2) of this section may be located within required setback yards.
(4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the
required yard between those uses.
(5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas
and driveways for these uses may utilize shared parking and park in required yards as specified in FWCC
22-664, Zero lot line townhouse and townhouse (attached) dwelling units; FWCC 22-665, Small lot
detached dwelling units; and FWCC 22-632, Zero lot line townhouse and townhouse (attached) dwelling
units. (Ord. No. 90-43, ~ 2(115.115(5)),2-27-90; Ord No. 07-554, ~ 5(Exh. A(9)), 5-15-07) .
DivisioD 11. Commercial Vehicles, RecreatioDaI Vehicles, aDd Boats
22-1176 Parking aDd storage of commercial vehicles iD residential zones limited.
Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows:
(1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger
vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating (GVWR as
defined in RCW 46.25.010) may be parked on any residentially zoned lot;
(2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot
in a single-family residential zone (RS 35.0) or a suburban estates zone (SE);
(3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours
for the exclusive purpose ofIoading or unloading the vehicle;
(4) Commercial vehicles may be parked on any lot in a residential zone for construction pmposes
pursuant to a valid development permit;
(5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length
may be parked on any lot if used for private construction purposes and when it is not visible from a right-
of-way or access easement and not parked in the driveway;
(6) Parking or storage as allowed by 22-1178.
Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for
construction purposes with a valid development permit, no more than one commercial vehicle is allowed
per lot. (Ord No. 04-457, ~ 3,2-3-04)
22-1177 Parking aDd storage of recreational vehicles aDd boats in residential zones limited.
Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22
feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1178 or 22-1180(al.
(Ord. No. 04-457, ~ 3,2-3-04)
Temporary Recreational Vehicle Occupancy Code Amendments
Page 2 of3
22-1178 Exceptions.
The city may, using process ill, approve a request to park or store a vehicle or boat of any size on a
lot in a residential zone if:
(I) The parking or storage of the vehicle or boat will not be detrimental to the character of the
neighborhood;
(2) The property abutting the subject property will not be impacted by the parking or storage;
(3) The placement of the vehicle or boat will not create a potential fire hazard; and
(4) The parking or storage is clearly accessory to a residential use on the subject property and the
vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, ~. 2(115.145(2)), 2-27-90;
Ord. No. 00-375, ~ 25,2000; Ord. No. 04-457, ~ 3,2-3-04. Formerly 22-1177.)
22-1179 Additional requirements.
The city may impose screening requirements, limit the hours of operation and impose other
restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, ~ 2(115.145(2)), 2-27-90;
Ord. No. 04-457, ~ 3,2-3-04. Formerly 22-1178.)
22-1180 Limitation on use.
It is a violation of this chapter to sleep in, or use for any other residential pmpose, a vehicle,
recreational vehicle, or boat parked in a residential zone for more than 14 days in any 180-day period,
except as allowed by FWCC 22-1 180(a).
(a) Based on a written reauest. the director mav permit a recreational vehicle of any size to be used as
a temporary dwelling on a sim!le-family residential lot where the primary dwelling unit is unsafe to
occupy by reason of disaster or accident such as fire. wind. earthquake. or other similar circumstance.
provided:
(1) The recreational vehicle mav be occuoied for a maximum of 12 months from the date the
primary dwelling was damaged. One 12-month extension mav be 2J'aIlted bv the director based on
demonstration of continuing hardship;
(2) Occupancv of the recreational vehicle shall cease within 30 davs of issuance of a certificate of
occupancv for reconstruction of the Drimarv dwelling unit at the Df"Ooertv.
(3) The recreational vehicle may be located within the required front yard setback but may not
obstruct sight distance at drivewavs and intersections. The recreational vehicle mav not be in required
side or rear yards setbacks.
(4) Generators shall not be utilized.
(5) The director's approval is revocable if the reauirements of this section are not met.
(b) The director shall provide a copv of the approval letter to the am>licant property owner (if
different from the applicant). and all adioining orooertv owners. (Ord. No. 90-43, ~ 2(115.145(3)), 2-27-90;
Ord No. 04-457, ~ 3,2-3-04. Formerly 22-1179.)
22-1181- 22-1195 Reserved.
K:\2009 Code Amcndments\Rv's in Residential Zones\LUTC\PJanning Commission Exhibit A with Code Reorg Changes.doc
Temporary Recreational Vehicle Occupancy Code Amendments
Page 3 of3
CITY OF FEDERAL WAY
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASmNGTON, RELATING TO ALLOWING TEMPORARY OCCUPANCY OF A
RECREATIONAL VEmCLE AT A RESIDENTIAL PROPERTY WHERE THE
PRIMARY DWELLING UNIT HAS BEEN DAMAGED BY A DISASTER OR
ACCIDENT AND DEEMED UNSAFE TO OCCUPY; AMENDING FEDERAL WAY
CITY CODE (FWCC) CHAPTER 22 "ZONING," ARTICLE I "IN GENERAL"
SECTION 22-1; ARTICLE XIII "SUPPLEMENTARY DISTRICT REGULATIONS"
SECTIONS 22-1112, 22-1135, 22-1177, AND 22-1180.
WHEREAS, the City recognizes the need for temporary housing following a disaster or accident; and
WHEREAS, Federal Way City Code (FWCC) Chapter 22 "Zoning," currently permits sleeping in a
recreational vehicle in a residential zone for no more than 14 days in a I80-day period; and
WHEREAS, the adoption of code amendments to allow temporary occupancy of a recreational vehicle
at a residential property where the primary dwelling unit has been damaged and deemed unsafe to occupy
by reason of disaster or accident such as fire, wind, earthquake, or other similar will respond to the needs
of the citizens of the city and meets the intent of Chapter 36.70A RCW, Growth Management; and
WHEREAS, the City of Federal Way finds that the proposed code amendments allowing the Director
to grant such permission are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City Council finds that the proposed code amendments are consistent with the intent
and purpose of FWCC Chapter 22, "Zoning," to provide for and promote the health, safety, and welfare
of the general public; and
WHEREAS, the City's SEP A Responsible Official issued a Determination of Nonsignificance (DNS)
on the proposed code amendments on January 31,2009, and no comments or appeals were received and
the DNS was finalized on March 2, 2009; and
WHEREAS, amendments to the Federal Way City Code (FWCC) text are authorized by FWCC
Section 22-216 pursuant to Process VI review; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
Committee, and full City Council has received, discussed, and considered the testimony, written
comments, and material from the public as follows:
1. The Planning Commission conducted a duly noticed public hearing on these code amendments on
February 18, 2009, and forwarded a recommendation of approval to the Land Use/Transportation
Committee; and
Ordinance No.
Page_of_
2. The Land Use/Transportation Committee of the Federal Way City Council considered the
Planning Commission recommendation on March 2, 2009, following which it forwarded the Planning
Commission's recommendation to the City Council with a revision to require the applicant to also
document that they are making good faith efforts to complete construction; and
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed code amendments.
A. The amendments will address current code deficiencies and serve the public interest by
establishing provisions for temporary housing following a disaster or accident.
B. The standards for temporary occupancy of a recreational vehicle will ensure compatibility with
the surrounding neighborhood.
C. These code amendments comply with Chapter 36.70A RCW, Growth Management.
D. These code amendments are consistent with the intent and purpose of FWCC Chapter 22
"Zoning," and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
E. After full and careful consideration, the City Council of the City of Federal Way finds that the
proposed code amendments will protect and will not adversely affect the public health, safety, or
welfare.
F. These code amendments are in the best interests of the residents of the City of Federal Way.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUPl Use residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
LUPll Support the continuation of a strong residential community.
LUG3.1 Provide wide range of housing densities and types in the single-family
designated areas.
LUG4 Provide a wide range of housing types and densities. commensurate with
the community's needs and preferences.
Ordinance No. Page _ of _
2. The Land Use/Transportation Committee of the Federal Way City Council considered the
Planning Commission recommendation on March 2, 2009, following which it forwarded the Planning
Commission's recommendation to the City Council with a revision to require the applicant to also
document that they are making good faith efforts to complete construction; and
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed code amendments.
A. The amendments will address current code deficiencies and serve the public interest by
establishing provisions for temporary housing following a disaster or accident.
B. The standards for temporary occupancy of a recreational vehicle will ensure compatibility with
the surrounding neighborhood.
C. These code amendments comply with Chapter 36.70A RCW, Growth Management.
D. These code amendments are consistent with the intent and purpose of FWCC Chapter 22
"Zoning," and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
E. After full and careful consideration, the City Council of the City of Federal Way finds that the
proposed code amendments will protect and will not adversely affect the public health, safety, or
welfare.
F. These code amendments are in the best interests of the residents ofthe City of Federal Way.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUP1 Use residential design performance standards to maintain neighborhood
character and ensure compatibility with surrounding uses.
LUP6 Conduct regular reviews of development regulations to determine how to
improve upon the permit review process.
LUP11 Support the continuation of a strong residential community.
LUG3.1 Provide wide range of housing densities and types in the single-family
designated areas.
LUG4 Provide a wide range of housing types and densities commensurate with
the community's needs and preferences.
Ordinance No. Page _ of_
HP4 Maintain a strong code enforcement program to protect residential areas
from illegal land use activities.
2. The proposed FWCC text amendments bear substantial relationship to the public health, safety,
and welfare because it provides for temporary housing following a disaster or accident.
And
3. Approval ofthe proposed code amendments benefits the City as a whole as it provides the
opportunity for temporary housing following a hardship such as a natural disaster or accidental
fire and the standards for location and duration of the allowed temporary recreational vehicle
dwelling ensures compatibility with the surrounding neighborhood.
Section 3. Amendment. FWCC Chapter 22 "Zoning," Article I "In General" Section 22-1; and Article
XIII, "Supplementary District Regulation" Sections 22-1112, 22-1135, 22-1177, and 22-1180 are
amended as set forth in the attached Exhibit A-I.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the day of , 2009.
APPROVED:
Mayor, Jack Dovey
ATTEST:
City Clerk, Carol McNeilly
Ordinance No.
Page ---' of _
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERIC
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
K:\2009 Code Amendments\Ry's in Residential Zones\City Council\Adoption Ordinance.doc
Page_of_
Ordinance No.
EXHIBIT A-I
Federal Way City Code (FWCC)
Chapter 22 "Zoning"
Article I "In General"
Add New Definition from RCW 46.70.011
22-1 Definitions
"Recreational vehicle" means a travel trailer, motor home. truck camper. or camping trailer that is
primarily designed and used as temporary living Quarters, is either self-propelled or mounted on or drawn
by another vehicle, is transient, is not occupied as a primary residence, and is not immobilized or
permanently affixed to a mobile home lot.
Article XIII "Supplementary District Regulations"
Division 8. Outdoor Activities and Storage
22-1112 Residential uses.
Outdoor uses, storage and activities normally associated with a residential use are permitted, unless
otherwise regulated or prohibited by this chapter.
All motor vehicle and nonmotorized vehicle parking and storage for residential uses containing either
detached or attached dwellings shall be in a garage, carport or on an approved impervious surface, except
for recreational vehicles to be used as a temporary dwelling on a single-family residential lot where the
primary dwelling unit is unsafe to occUPV bv reason of disaster or accident such as fire, wind, earthquake,
or other similar circumstance. Nonmotorized vehicles may include but are not limited to travel and camp
trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport or
impervious surface used for motor vehicle or nonmotorized vehicle parking or storage shall have direct
driveway access. This section does not apply to residential lots containing a detached dwelling unit where
the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable
motor vehicles must be stored in a completely enclosed building regardless of the size or zoning
designation of the lot. (Ord. No. 90-43, S 2(115.105(2)),2-27-90; Ord. No. 99-341, S 3, 5-4-99)
Division 9. Yard Requirements
22-1135 Driveways and parking areas.
Vehicles may not be parked in required yards except as follows:
(1) Detached dwelling units. The regulations of this section apply to driveways and parking areas for
detached dwelling units.
a. Generally. Vehicles may not be parked in a required side yard, but may be parked in the
required front and rear yards only if parked on a driveway and/or parking pad, exeept as speeified iFl
Temporary Recreational Vehicle Occupancy Code Amendments
Page 1 of3
subsection (1)(b) of this section. A driveway and/or parking pad, in a required front yard, may not exceed
20 feet in width except as specified in subsection (1)(b) of this section and may not be closer than five
feet to any side property line. Recreational vehicles to be used as a temporary dwelling on a residential lot
where the primary dwelling unit is unsafe to oCCUPY bv reason of disaster or accident such as fire. wind.
earthquake. or other similar circumstance are not required to be parked on a driveway and/or parking pad.
b. Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width
if:
1. It serves a three-car garage;
2. The subject property is at least 60 feet in width; and
3. The garage is located no more than 40 feet from the front property line.
In addition, a driveway may flare at the front property line to a maximum width of 30 feet.
(2) Attached and stacked dwelling units in residential zones. The regulation of this subsection apply
to driveways and parking areas for stacked and townhouse (attached) dwelling units in residential zones.
a. Parking areas may not be located in required yards.
b. Driveways must be set back at least five feet from each property line, except the portion of any
driveway which crosses a required yard to connect with an adjacent street.
(3) Other uses. Parking areas and driveways for uses other than those specified in subsections (l)(a)
and (2) of this section may be located within required setback yards.
(4) Shared parking. If parking serves two adjacent uses, the parking area may be anywhere in the
required yard between those uses.
(5) Zero lot line townhouse dwelling units and lots in small lot detached development. Parking areas
and driveways for these uses may utilize shared parking and park in required yards as specified in FWCC
22-664, Zero lot line townhouse and townhouse (attached) dwelling units; FWCC 22-665, Small lot
detached dwelling units; and FWCC 22-632, Zero lot line townhouse and townhouse (attached) dwelling
units. (Ord. No. 90-43, ~ 2(115.115(5)),2-27-90; Ord. No. 07-554, ~ 5(Exh. A(9)), 5-15-07)
Division 11. Commercial Vehicles, Recreational Vehicles, and Boats
22-1176 Parking and storage of commercial vehicles in residential zones limited.
Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows:
(1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger
vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating (GVWR as
defined in RCW 46.25.010) may be parked on any residentially zoned lot;
(2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot
in a single-family residential zone (RS 35.0) or a suburban estates zone (SE);
(3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours
for the exclusive purpose of loading or unloading the vehicle;
(4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes
pursuant to a valid development permit;
(5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length
may be parked on any lot if used for private construction purposes and when it is not visible from a right-
of-way or access easement and not parked in the driveway;
(6) Parking or storage as allowed by 22-1178.
Except for commercial vehicles used for loading and. unloading purposes and commercial vehicles for
construction purposes with a valid development permit, no more than one commercial vehicle is allowed
per lot. (Ord. No. 04-457, ~ 3, 2-3-04)
Temporary Recreational Vehicle Occupancy Code Amendments
Page 2 on
22-1177 Parking and storage of recreational vehicles and boats in residential zones limited.
Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22
feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22-1178 or 22-1180(a).
(Ord. No. 04-457, S 3, 2-3-04)
22-1178 Exceptions.
The city may, using process III, approve a request to park or store a vehicle or boat of any size on a
lot in a residential zone if:
(1) The parking or storage of the vehicle or boat will not be detrimental to the character of the
neighborhood;
(2) The property abutting the subject property will not be impacted by the parking or storage;
(3) The placement of the vehicle or boat will not create a potential fire hazard; and
(4) The parking or storage is clearly accessory to a residential use on the subject property and the
vehicle or boat is operated by a resident of the subject property. (Ord. No. 90-43, S 2(115.145(2)),2-27-90;
Ord. No. 00-375, S 25, 2000; Ord. No. 04-457, S 3, 2-3-04. Formerly 22-1177.)
22-1179 Additional requirements.
The city may impose screening requirements, limit the hours of operation and impose other
restrictions to eliminate adverse impacts of the parking or storage. (Ord. No. 90-43, S 2(115.145(2)), 2-27-90;
Ord. No. 04-457, S 3,2-3-04. Formerly 22-1178.)
22-1180 Limitation on use.
It is a violation of this chapter to sleep in, or use for any other residential purpose, a vehicle,
recreational vehicle, or boat parked in a residential zone for more than 14 days in any 180-day period,
except as allowed by FWCC 22-1180(a).
(a) Based on a written request. the director may permit a recreational vehicle of any size to be used as
a temporary dwelling on a single-family residential lot where the primary dwelling unit is unsafe to
occupy by reason of disaster or accident such as fire. wind. earthquake. or other similar circumstance.
provided:
(1) The recreational vehicle may be occupied for a maximum of 12 months from the date the
primary dwelling was damaged. One 12-month extension may be granted by the director based on
demonstration of continuing hardship and documented good faith efforts to comnlete construction.
(2) Occu?ancy of the recreational vehicle shall cease within 30 days of issuance of a certificate of
occupancy for reconstruction of the primary dwelling unit at the property.
(3) The recreational vehicle may be located within the required front yard setback but may not
obstruct sight distance at driveways and intersections. The recreational vehicle may not be in required
side or rear yards setbacks.
(4) Generators shall not be utilized.
(5) The director's approval is revocable if the requirements of this section are not met.
(b) The director shall provide a copy of the approval letter to the applicant. property owner (if
different from the a?plicant). and all adioining property owners. (Ord. No. 90-43, S 2(115.145(3)), 2-27-90;
Ord. No. 04-457, S 3,2-3-04. Formerly 22-1179.)
22-1181- 22-1195 Reserved.
K:\2009 Code Amendments\Rv's in Residential Zones\City Council\Exhibit A-I.doc
Temporary Recreational Vehicle Occupancy Code Amendments
Page 3 00
ITEM#:~
COUNCIL MEETING DATE: March 17,2009
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 22 "Zoning," regarding construction hours for
development activities and heavy equipment operations.
POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 22 "Zoning, " allowing the Director of
Community Development Services to grant revocable permission to engage in construction activities during the nighttime
and/or early morning hours on weekends and holidays?
COMMITIEE: Land Use/Transportation Committee (LUTC)
CATEGORY:
D Consent ~ Ordinance
o City Council Business 0 Resolution
STAFF REpORT By: Contract Senior Planner Lori Michaelson
MEETING DATE: March 2, 2009
D
o
Public Hearing
Other
_~_~~:S:?~~l1i!YI?~,.,~.I()p~~l1!_~~~i~~~_
Background: The construction hours' code amendment is part of the 2608 Planning Commission Work Program. This
amendment addresses the inability under current code for the Director of Community Development Services to grant
permission for development activities and heavy equipment operation to take place during the nighttime/early morning hours
of weekends and holidays. The Planning Commission held a public hearing on October 15, 2008, and forwarded a
recommendation of approval to the November 3, 2008, LUTC meeting, at which time the LUTC remanded the proposed
amendments back to the Planning Commission for further deliberation. Subsequently, staff made further amendments,
including establishing a review process and decision criteria whereby the director could grant an exception to hours not
permitted outright; providing criteria for the director to revoke an exception that has been granted; and establishing various
responsibilities for applicants. The Planning Commission conducted a public hearing on February 18,2009, on these
amendments and recommended that the City Council approve the proposed amendments as recommended by staff with one
word substitution. The Planning Commission's recommendation is attached as Exhibit A to the adoption ordinance.
Attachments: (I) Draft Adoption Ordinance with Exhibit A - Proposed Amendments as Recommended by the Planning
Commission; (2) Staff Report to the Planning Commission for the February 18,2009, Public Hearing; and (3) Draft Minutes
of the February 18,2009, Planning Commission Public Hearing.
Options Considered: (I) Adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption
ordinance; (2) Adopt the Planning Commission's recommendation as modified by the LUTC; (3) Do not adopt the
amendments; or (4) Refer the amendments back to the Planning Commission for further proceedings.
STAFF RECOMMENDATION: Staff recommends that the Council approve Option #1; adopt the Planning Commission's
recommendation as shown in Exhibit A to the Draft A 0 ordinance.
COMMITIEE RECOMMENDATION: Forward Option # ;
Exhibit A to the Draft Adoption Ordinance to full ncil
/
/
~-
CITY MANAGER APPROVAL:
DIRECTOR ApPROVAL: f::jJIf/ ~
Committee Council
dopt the Planning Commission's recommendation as shown in
17, 2009, for first reading. / j /;1 I
' J/fuU. .~
, Dini Duclos, Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (31l7/09): I move to forward the ordinance to a second reading for enactment on the April
7, 2009, consent agenda.
2ND READING OF ORDINANCE (4/07/09): "I move approval of the LUTC's recommendation to approve the code
amendments, which are attached as Exhibit A to the Adoption Ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
COUNCIL BILL #
I ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:\2008 Code Amendments\Construction Hours\LUTC\030209 Meeting\Agenda BilLdoc
CITY OF FEDERAL WAY
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22,
ARTICLE XIII, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION 22-
1006 RELATED TO DEVELOPMENT ACTIVITIES AND HEAVY EQUIPMENT
OPERA TlONS (AMENDING ORDINANCE NOS. 90-43 AND 99-341).
WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XIII,
"Supplementary District Regulations," in order to allow the Director of Community Development
Services to grant revocable permission to engage in development activities and heavy equipment
operations during the nighttime and early morning hours of weekends and holidays meets the intent of
Chapter 36.70A RCW, Growth Management; and
WHEREAS, the City of Federal Way finds that the proposed code amendments allowing the Director
to grant such permission are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City Council finds that the proposed code amendments are consistent with the intent
and purpose of FWCC Chapter 22, "Zoning," to provide for and promote the health, safety, and welfare
of the general public; and
WHEREAS, the City's SEPA Responsible Official issued a Determination of Nonsignificance on the
proposed code amendments on September 17,2008; and
WHEREAS, the amendments comply with the required Process VI review, pursuant to FWCC Section
22-216; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
Committee, and full City Council has received, discussed, and considered the testimony, written
comments, and material from the public as follows:
1. The City's Planning Commission conducted a duly noticed public hearing on the proposed
amendments on October 15, 2008, and forwarded no recommendation to the Land Use/
Transportation Committee;
2. The Land Use/Transportation Committee of the Federal Way City Council considered the
proposed amendments on November 3, 2008, at which time the LUTC remanded the proposed
amendments back to the Planning Commission for further deliberation;
3. . The City's Planning Commission conducted a duly noticed public hearing on the proposed
amendments on February 18, 2009, and forwarded a recommendation to approve the amendments
to the Land Useffransportation Committee;
Ord No. 09 -
, Page I
4. The Land Useffransportation Committee of the Federal Way City Council considered the
proposed amendments on March 2, 2009, and forwarded a recommendation of approval to the
City Council.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed amendments will protect and not adversely affect the public health, safety, or
welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria necessary for the adoption of the proposed amendments:
A. The proposed amendments are consistent with the Federal Way Comprehensive Plan (FWCP):
Goals PUG-l - Work with private utility companies to allow them to provide full and timely
service that meets the needs of the City's residents and businesses, both present and future; PUG-
2 - Work with private utility companies to allow them to provide service in a way that balances
cost-effectiveness with environmental protection, aesthetic impact, public safety, and public
health; TG-2 - Provide a safe, efficient, convenient, and financially sustainable transportation
system with sufficient capacity to move people, goods, and services at an acceptable level of
service, and the City shall develop and adopt policies for the construction, reconstruction,
maintenance, and preservation of new and existing facilities; and Policy LUP-6 - Conduct regular
review of development regulations to determine how to improve upon the permit review process.
B. The proposed amendments bear a relationship to the public health, safety, and welfare as the
amendment will decrease the overall time needed to complete construction projects and allows
the Director to revoke permission to work if the conditions of approval are not met.
e. The proposed amendments are in the best interest of the residents of the City as the amendment
will shorten overall constructions times and provide additional hours of "off-peak" construction
that will not adversely affect traffic patterns throughout the City.
Section 3. Amendment. FWCC Chapter 22 "Zoning," Article XIII, "Supplementary District
Regulations," is amended as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Ord No. 09-
, Page 2
Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 6. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the day of ,2009.
ApPROVED:
Mayor, Jack Dovey
A TrEST:
City Clerk, Carol McNeilly
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
K:\2008 Code Amendments\Construction Hours\LUTC\030209 Meeting\Adoption Ordinance.doc
Ord No. 09 -
, Page 3
EXHIBIT A
Proposed Text Amendments
Federal Way City Code, Chapter 22, "Zoning," Article XIII, "Supplementary,"
Division 3, "Development Activities and Heavy Equipment Operations"
Section 22-1006. LimitatioHs. Re2ulation of work hours.
(a) GeneraL Work hours permitted. Development activities and heavy equipment operations are
permitted between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday, and between 9:00 a.m. and
8:00 p.m. Saturday, and are not permitted on Sundays or holidays observed by the city. unless otherwise
allowed under subsection (b) ofthis section. It is a 'o'iolation of this chapter to engage in any development
acti'/it)' or to operate any heavy equipment between the hours of8:00 pm. and 7:00 a.m. weekdays, and
8:00 p.m. Friday through 9:00a.m. Saturday. No development activity or use of heavy equipment may
occur after 8:00 p.m. Saturday, or at any time on Sundays or holidays observed by the city.
(b) Exception$.. The director of community development may grant revocable, written permission to
engage in a development activity or to operate heavy equipment other than permitted in subsection (a) of
this section. in accordance with the following: bet'.veen the hours of 8:00 p.m. and 7:00 a.m. on Monday
through Friday and 8:00 p.m. Friday through 9:00 a.m. Saturday, or from 9:00 a.m. to 8:00 p.m. on
Sundays or holidays observed by the city if this "",ill not interfere with any residential use permitted in the
zone in which it is located. (Ord. No. 90-43, S 2(1 15.25), 2-27-90; Ord. No. 99-341, S 3, 5-4-99)
(I) Any exception must be requested by advance written request to the director, including a
description of the specific exceptiones) requested; proposed temporary construction mitigation measures
for any related impacts such as traffic. noise, and glare: and an analysis of how the request meets the
following criteria:
a. The work will not result in substantial adverse impacts to surrounding properties.
b. The exception is necessary to avoid undue delay of vroiect completion and/or long-term
inconvenience or disruption to the public.
(c) Notice. Unless waived. modified, or exempted by the director under subsections (d) or (e).
apvlicants granted an excevtion under subsection (b) shall mail written notice, at least seven (7) calendar
days in advance of the approved work. to owners and occupants of proVerty located within 300 feet of
. proiect boundaries: and post one or more notice boards on the proiect site, as determined by the director.
Such notice shall include the approved construction hours. general description of construction activities.
summary of mitigation measures accepted by the director. and two 24-hour proiect contacts for the
duration of the proiect.
(d) Waiver of notice. The director may waive or modify the requirements of subsection (c). based on
proiect location. scove. scale. or alternative comparable notification methods, and/or other reasonable
considerations.
(e) Emergenev exemption. Proiects deemed by the director to be necessary to ensure the immediate
safety. health, or welfare of the community, or individuals of the community. or to restore property to a
safe condition following a natural or manmade disaster or other emergency. are exempt from the
provisions of this section.
(0 Revocations. The director may revoke or modify any exception approved under this section based on
verified complaints that the development activity or heavy equipment operation does not meet the terms of
the approved exception, or if the activity creates some unanticipated and verifiable adverse effect.
K:\2008 Code Arnendrnents\Construction Hours\LUTC\030209 Meeting\Ex A Final to LUTC.doc
CITY OF FEDERAL WAY
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, AMENDING FEDERAL WAY CITY CODE (FWCC) CHAPTER 22,
ARTICLE XIII, "SUPPLEMENTARY DISTRICT REGULATIONS," SECTION 22-
1006 RELATED TO DEVELOPMENT ACTIVITIES AND HEAVY EQUIPMENT
OPERATIONS (AMENDING ORDINANCE NOS. 90-43 AND 99-341).
WHEREAS, the City of Federal Way finds that amending FWCC Chapter 22, Article XIII,
"Supplementary District Regulations," in order to allow the Director of Community Development
Services to grant revocable permission to engage in development activities and heavy equipment
operations during the nighttime and early morning hours of weekends and holidays meets the intent of
Chapter 36.70A RCW, Growth Management; and
WHEREAS, the City of Federal Way finds that the proposed code amendments allowing the Director
to grant such permission are consistent with the Federal Way Comprehensive Plan; and
WHEREAS, the City Council finds that the proposed code amendments are consistent with the intent
and purpose of FWCC Chapter 22, "Zoning," to provide for and promote the health, safety, and welfare
of the general public; and
WHEREAS, the City's SEP A Responsible Official issued a Determination of Nonsignificance on the
proposed code amendments on September 17, 2008; and
WHEREAS, the amendments comply with the required Process VI review, pursuant to FWCC Section
22-216; and
WHEREAS, the City of Federal Way, through its staff, Planning Commission, City Council
Committee, and full City Council has received, discussed, and considered the testimony, written
comments, and material from the public as follows:
1. The City's Planning Commission conducted a duly noticed public hearing on the proposed
amendments on October 15, 2008, and forwarded no recommendation to the Land Use/
Transportation Committee;
2. The Land Use/Transportation Committee of the Federal Way City Council considered the
proposed amendments on November 3, 2008, at which time the LUTC remanded the proposed
amendments back to the Planning Commission for further deliberation;
3. The City's Planning Commission conducted a duly noticed public hearing on the proposed
amendments on February 18,2009, and forwarded a recommendation to approve the amendments
to the Land Use/Transportation Committee;
Ordinance No.
Page_of_
4. The Land Use/Transportation Committee of the Federal Way City Council considered the
proposed amendments on March 2, 2009, and forwarded a recommendation of approval to the
City Council.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the City of Federal Way
finds that the proposed amendments will protect and not adversely affect the public health, safety, or
welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law
with respect to the decisional criteria necessary for the adoption of the proposed amendments:
A. The proposed amendments are consistent with the Federal Way Comprehensive Plan (FWCP):
Goals PUG-l - Work with private utility companies to allow them to provide full and timely
service that meets the needs of the City's residents and businesses, both present and future; PUG-
2 - Work with private utility companies to allow them to provide service in a way that balances
cost-effectiveness with environmental protection, aesthetic impact, public safety, and public
health; TG-2 - Provide a safe, efficient, convenient, and financially sustainable transportation
system with sufficient capacity to move people, goods, and services at an acceptable level of
service, and the City shall develop and adopt policies for the construction, reconstruction,
maintenance, and preservation of new and existing facilities; and Policy LUP-6 - Conduct regular
review of development regulations to determine how to improve upon the permit review process.
B. The proposed amendments bear a relationship to the public health, safety, and welfare as the
amendment will decrease the overall time needed to complete construction projects and allows
the Director to revoke permission to work if the conditions of approval are not met.
C. The proposed amendments are in the best interest of the residents of the City as the amendment
will shorten overall constructions times and provide additional hours of "off-peak" construction
that will not adversely affect traffic patterns throughout the City.
Section 3. Amendment. FWCC Chapter 22 "Zoning," Article XIII, "Supplementary District
Regulations," is amended as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Ordinance No.
Page_of_
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication
as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the day of , 2009.
APPROVED:
Mayor, Jack Dovey
ATTEST:
City Clerk, Carol McNeilly
APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
K:\2008 Code Amendments\Construction HOUfS\LUTC\030209 Meeting\Adoption Ordinance.doc
Page_of_
Ordinance No.
EXHIBIT A
Federal Way City Code (FWCC)
Chapter 22 "Zoning"
Article XIII, "Supplementary"
Division 3. Development Activities and Heavy Equipment
22-1006. LimitatioBs. Ree:ulation of work hours.
(a) Gcncy-tll. Work hours vermitted. Development activities and heavy equipment operations are
permitted between the hours of 7:00 a.m. and 8:00 p.m. Monday through Friday. and between 9:00 a.m. and
8:00 p.m. Saturday. and are not permitted on Sundays or holidays observed by the city. unless otherwise
allowed under subsection (b) of this section. It is a violation of this ehapter ta engage in any development
aetiv-ity ar to operate any heavy equipment behveen the hours af 8:00 pm. and 7:00 a.m. weekdays, and
8:00 p.m. Friday tm-ough 9:00 a.m. Sa-turaay. No deyelopment aetivity ar \:1se of heavy eqHipment may
oceur after 8:00 p.m. Saturday, or at any time on Sundays 0f holidays observed by the eity.
(b) Exception~. The director of community development may grant revocable, written permission to
engage in a development activity or to operate heavy equipment other than permitted in subsection (a) of
this section. in accordance with the following: between the hours of8:00 p.m.. and 7:00 a.m. OR Monday
tm-ough Friday and 8:00 p.m. Friday tm-ougn 9:00 a.m. Saturday, ar from 9:00 a.m.. to 8:00 p.m. on
Sundays or holidays observed by the eity if this ';,rill not interfere with any residentiall:we permitted iR the
zone in '.vhien it is loeated. (Ord. No. 90-43, S 2(115.25), 2-27-90; Ord. No. 99-341, S 3, 5-4-99)
(1 ) Any exce1Jtion must be requested by advance written request to the director. including a
description of the specific exception( s) requested: proposed temporary construction mitigation measures
for any related impacts such as traffic. noise. and glare: and an analysis of how the request meets the
following criteria:
a. The work will not result in substantial adverse impacts to surrounding 1Jroperties.
b. The exception is necessary to ayoid undue delay of proiect completion and/or long-term
inconvenience or disruption to the public.
(c) Notice. Unless waived. modified. or exempted by the director under subsections (d) or (e).
applicants granted an exception under subsection (b) shall mail written notice. at least seven (7) calendar
days in advance of the approved work. to owners and occupants of property located within 300 feet of
proiect boundaries: and post one or more notice boards on the proiect site. as determined by the director.
Such notice shall include the approved construction hours. general description of construction activities.
summary of mitigation measures accepted by the director. and two 24-hour project contacts for the
duration of the proiect.
(d) Waiver of notice. The director may waive or modify the requirements of subsection (c). based on
project location. scope. scale. or alternative comparable notification methods. and/or other reasonable
considerations.
(e) Emergencv exemption. Proiects deemed by the director to be necessary to ensure the immediate
safety. health. or welfare of the community. or individuals of the community. or to restore property to a
safe condition following a natural or manmade disaster or other emergency. are exempt from the
provisions of this section.
(f) Revocations. The director may revoke or modify any exception approved under this section based on
verified complaints that the development activity or heavy equipment operation does not meet the terms of
the approved exception. or if the activity creates some unanticipated and verifiable adverse effect.
K:\CLERK\Agenda BiIls\2009\03-17-2009 Regular Meeting\Ex A Construction Hours.doc
-.,
I
COUNCIL MEETING DATE: March 17, 2009
ITEM #: -J. C ~
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: PUBLIC DEFENSE STANDARDS ORDINANCE
POLICY QUESTION: Should the Council adopt a Public Defense Standards Ordinance and accept the $20,000 grant
from the Washington State Office of Public Defense?
COMMITTEE: Finance, Economic Development, and Regional Affairs
MEETING DATE: February 24, 2009
CATEGORY:
D Consent
D City Council Business
IZI Ordinance
D Resolution
D
D
Public Hearing
Other
STAFF REPORT By: Scott
lCMA Fellow
DEPT: City Manager's Office
Attachments:
1. Staff memo to City Manager Neal Beets
2. Draft Public Defense Standards Ordinance
Options Considered:
1. Adopt the Public Defense Standards Ordinance and accept the $20,000 grant from the Washington State
Office of Public Defense.
2. Do not adopt the Public Defense Standards Ordinance and reject the $20,000 grant from the Washington
State Office of Public Defense.
3. Direct staff to revise the Public Defense Standards Ordinance.
STAFF RECOMMENDATION: Staff
CITY MANAGER ApPROVAL: /
DIRECTOR ApPROVAL:
Council
COMMITTEE RECOMMENDATION: Forward staff recommendation for Option 1 to the March 17, 2009 City
Council Agenda for first reading.
Jj{ CilsP--L~
Committee Chair
.~
PROPOSED COUNCIL MOTION: "1 move approval of the ordinance adopting public defense standards in the
City of Federal Way, and accepting the $20,000 grant from the Washington State Office of Public Defense."
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o T ABLEDIDEFERREDINO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 ST reading
Enactment reading
ORDINANCE #
RESOLUTION #
~
CITV OF IfII ~
Federal Way
DATE: 2/512009
TO: Neal Beets, City Manager
FROM: Scott Pingel, ICMA Fellow
SUBJECT: Public Defense Standards Ordinance
The City of Federal Way was recently awarded a $20,000 grant from the Washington State
Office of Public Defense to help improve public defense services. One of the requirements for
accepting grant funds is to adopt standards for the delivery of public defense services. City staff
plan to use the grant funds to help support public defender compensation and to defray the
expense of having the public defender present at arraignment calendars.
The Public Defense Standards Ordinance as drafted is based on State statutory requirements,
State Bar gUidelines, and existing practice. It ensures that indigent criminal defendants receive
high quality, professional legal representation. It requires that public defenders have the
appropriate training, skills and experience necessary to provide public defense services, and that
they keep up on their skills through continuing legal education courses. They must satisfy all
requirements for practicing law in the State of Washington as determined by the Washington
Supreme Court, and in a manner consistent with the Rules of Professional Conduct.
This ordinance also requires that public defenders be reasonably compensated for the services
they provide, which is normally accomplished through the contract negotiation process. The
ordinance requires that anticipated caseloads in any contract for public defense services provide
the necessary number of attorneys, time and effort to provide effective representation. The
ordinance requires a case reporting and management information system be maintained, which
includes the number of cases, any hours billed, costs or expenses. The City will be required to
determine that an attorney or firm can meet these accepted standards before awarding any new
contracts for public defense services.
This ordinance does not have any negative fiscal impacts on the City; in fact, it only has
positive impacts on the City. By adopting the ordinance, the City can accept the $20,000
grant from the Office of Public Defense. While it is not guaranteed ongoing money, the City
is eligible for and will continue to apply for these grant funds year after year. It is
important to note that the City already meets and exceeds these standards. By adopting the
ordinance we are simply committing ourselves to them. Our current public defender
contract and conflict attorney contracts are more stringent than the ordinance. Both the
current Contract Public Defender and the City Prosecutor have had a chance to review and
comment on the proposed ordinance.
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, ESTABLISHING STANDARDS FOR
PUBLIC DEFENSE, ADDING A NEW CHAPTER TO THE FEDERAL
WAY REVISED CODE.
WHEREAS, RCW 10.101.030 requires the City of Federal Way ("City") to adopt
standards for the delivery of public defense services; and
WHEREAS, the City desires to adopt public defense service standards which reflect the
needs of the City;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. A new chapter is added to Title 2, of the Federal Way Revised Code to read as
follows:
2.38.020 Standards for Public Defense
To ensure that indigent criminal defendants receive high quality legal representation through
a public defense system that efficiently and effectively protects the constitutional requirement of
effective assistance of counsel. the City adopts the standards in this chapter for the delivery of
lJublic defense services.
2.38.030 Definitions.
"Public defender" means an attorney providing indigent public defense services.
"Public defense" means legal representation of indigent defendants in criminal cases.
2.38.040 Professional practices and Qualifications.
Public defenders shall have the requisite training, skill, and experience necessary to provide
public defense services; shall be appropriately accredited and licensed by all applicable agencies
and governmental entities; shall satisfy the minimum requirements for practicing law in
Washington as determined by the Washington Supreme Court should be familiar with the law
and practice relevant to their practice area; should be familiar with the consequences of a
conviction; and should follow these standards. Legal interns working for a public defender must
meet the requirements set out by the State Bar Association and be properly supervised by a
public defender. Public defense services shall be provided to all clients in a professional. skilled
manner in a manner consistent with the accepted professional practices for other similar services
within the Puget Sound region and consistent with the Rules of Professional Conduct, case law.
Ordinance No. 09-
Page 1 of5
and applicable court rules defining the duties of counsel and the rights of defendants in criminal
cases. Public defenders shall maintain appropriate malpractice insurance policies. A public
defender's primary and most fundamental responsibility is to promote and protect the best
interests of the client.
2.38.050 Compensation.
Public defender compensation shall normally be established through the negotiation of
contracts for public defense services. The total compensation package shall be at a reasonable
level given the customary compensation within the community for similar services rendered by
other publicly paid attorneys to a public client. The total compensation package should take into
consideration the public defender's training and experience, the nature and extent of services
requested, as well as the time and labor required of the attorney undertaking the services. The
total compensation package should take into consideration the following costs and expenditures
where they are related to public defense: possible appeal costs~ post-conviction costs~ reasonable
expert witnesses necessary to preparation and presentation of a case~ reasonable investigator
expenses necessary to preparation and presentation of a case~ administrative costs~ support
services~ possible extraordinary costs~ and other reasonable, customary, and actual expenses that
are incurred in performing non-routine public defense services. Attorneys who have a conflict of
interest should not have to compensate any substituted attorney out of their own funds.
2.38.060 Caseload.
Caseloads anticipated in a contract for public defender services should allow each client the
time and effort necessary to ensure effective representation. Anticipated caseloads should take
into account both the number and tyPes of cases anticipated, charging practices, plea bargaining
practices, and case handling practices including diversions and other administrative procedures
in use or expected to be used. Public defenders should not accept more cases than can be
reasonably managed. Private attorneys who provide public defense services as a portion of their
practice should dedicate a sufficient amount of time to their public defense caseload based on the
percentage of a full-time caseload which the public defense cases represent.
2.38.070 Reports of attorney activity.
Public defenders should maintain a case reporting and management information system
which includes number of cases and any hours billed, costs, or expenses. This information
should be provided regularly to the City and should be available to the Office of the
Administrator of the Courts. Any such system shall be maintained independently from client files
so as not to disclose confidential information.
2.38.080 Supervision and trainin2:.
Public defenders should attend training approved by the office of public defense at least once
per calendar year, including a minimum of seven hours of continuing legal education annually in
areas relating to their public defense practice. Every public defender should have the opportunity
to attend courses that foster trial advocacy skills and to review professional publications and
tapes. The performance of public defenders should be monitored and evaluated based upon
compliance with these standards. Supervision and evaluation efforts should include relevant
information and contacts.
Ordinance No. 09-
Page 2 of5
2.38.090 Disposition of client complaints. .
Each agency. firm. or individual attorney providing public defense services shall have a
method to respond promptly to client complaints. Complaints should first be directed to the
attorney. firm. or agency which proyided representation. The complaining client should be
informed as to the disposition of his or her complaint within one week if an inyestigation is
concluded. If additional attention to an issue is required a complaint may be made to an official
body with iurisdiction over the matter or to the City's contract administrator to evaluate the
legitimacy of the complaint and to follow up on any meritorious ones.
2.38.100 Substitution of attorneys or assienment of contracts.
A public defender should not sub-contract with another firm or attorney to provide
representation without ensuring that any attorney providing public defender services comply
with these standards. A firm or office providing public defense services should provide the
names and experience levels ofthose attorneys who will actually be providing the services to the
City. The employment agreement should address the procedures for continuing representation of
clients upon the conclusion of the agreement. Alternate or conflict counsel should be available
for substitution in conflict situations at no cost to the counsel declaring the conflict. Public
defenders should maintain a written policy explaining how a conflict of interest is defined. and
identify conflicts as quickly as possible.
2.38.110 Public Defense Contracts.
(1) The City should award new contracts for public defense services only after determining
that the attorney or firm chosen can meet accepted standards. Under no circumstances should a
contract be awarded on the basis of cost alone. At least one attorney in a firm bidding for a
public defense contract should have at least one year of trial experience. . Attorneys or firms
bidding for contracts must demonstrate their ability to meet these standards. The City Attorney
should not select the attorneys who will provide public defense services.
(2) Neither the City. in its selection of an attorney. firm. or agency to provide public defense
representation. nor the attorneys selected. in their hiring practices or in their representation of
clients. shall discriminate on the grounds of race. color. religion. national origin. age. marital
status. gender. sexual orientation or disability. Both the City and the public defender shall
comply with all federal. state. and local non-discrimination requirements.
(3) Contracts for public defense services shall include grounds for termination of the contract
by the parties. Termination of a provider's contract should only be for good cause. Good cause
includes the failure of an attorney to render adequate representation to clients~ the willful
disregard of the rights and best interests of a client~ and the willful disregard of these standards.
SECTION 2. Severability. Should any section, subsection, paragraph, sentence, clause, or
phrase of this chapter, or its application to any person or situation, be declared unconstitutional
or invalid for any reason, such decision shall not affect the validity of the remaining portions of
this chapter or its application to any other person or situation. The City Council of the City of
Ordinance No. 09-
Page 3 015
Federal Way hereby declares that it would have adopted this chapter and each section,
subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or
more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
SECTION 3. Corrections. The City Clerk and the codifiers of this ordinance are authorize~ to
make necessary corrections to this ordinance including, but no limited to, the correction of
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
SECTION 4. Ratification. Any act consistent with the authority and prior to the effective date
ofthis ordinance is hereby ratified and affirmed.
SECTION 5. Effective Date. This ordinance shall take effect and be in force thirty (30) days
from and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this
,2009.
day of
CITY OF FEDERAL WAY
MAYOR, JACK DOVEY
ATTEST:
CITY CLERK, CAROL MCNEILLY, CMC
Ordinance No. 09-
Page 40f5
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 09-
Page 5 015
COUNCIL MEETING DATE: March 17,2009
ITEM #: -j. ..1
.......................................,..........".........................................,...........,........................~
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: Amendments to Federal Way City Code (FWCC) Chapter 20 "Subdivisions" and Chapter 22 "Zoning,"
regarding Clearing, Grading, and Tree and Vegetation Retention, and related amendments.
POLICY QUESTION: Should the City approve amendments to the FWCC Chapter 20 "Subdivisions" and Chapter 22
"Zoning," regarding Clearing, Grading, and Tree and Vegetation Retention, and related amendments?
COMMITTEE: Land Use/Transportation Committee (LUTe)
CATEGORY:
MEETING DATE: February 23, 2009
D Consent
D City Council Business
[gI Ordinance
o Resolution
o Public Hearing
o Other
STAFF REPORT By: Janet Shull, AICP, Senior Planner
DEPT: Community Development
. .................. ....... .. ..... ........ ..................... .......... .......................... ........ ................................",........... m.......................................,......................... ...... ....."...................... ...............,.."........".................... ..................................................... ................................... ,......,........................._......
Attachments: (1) February 17,2009, Staff Memorandum; (2) Draft Adoption Ordinance establishing intent to take over
regulation of Class IV -General Forest Practices applications; (3) Copy of Planning Commission staff reports for the
September 19,2007, November 7,2007 and January 16,2008, Study Sessions; and November 5,2008, November 19, 2008,
January 7,2009, January 21,2009, and February 4,2009, Public Hearings (the staff reports are located in a binder in the City
Council offices); (4) Minutes of the Planning. Commission September 19, 2007, November 7, 2007, and January 16, 2008,
Study Sessions; and November 5, 2008, November 19, 2008, January 7, 2009, and January 21, 2009, Public Hearings
(minutes are located in a binder in the City Council offices); and (5) Draft Minutes of the February 4, 2009, Planning
Commission Public Hearing
Options Considered: (1) Adopt the Planning Commission's recommendation as shown in Exhibit A to the Draft Adoption
Ordinance; (2) Adopt the Planning Commission's recommendation as modified by the LUTC; or (2) Do not adopt the
amendments. .
STAFF RECOMMENDATION: Approval of Option I; adopt the Planning Commission's recommendation as shown in Exhibit A
to the Draft Adoption Ordinance.
DIRECTOR ApPROV AL:
~
Committee
~
Council
CITY MANAGER ApPROVAL:
COMMITTEE RECOMMENDATION: Forward Option #.2)adopt the Planning Commission's recommendation as rrwdiFec/ lh..
Ex. A-I to th, Ornft Adoption Q,dhlanco to full C~l ~ fITSt reading.
Dini Duclos, Member
PROPOSED COUNCIL MOTION(S):
1 ST READING OF ORDINANCE (March 17, 2009): J move to forward the ordinance to a sec~nd reading for enactment on the
April 7, 2009, consent agendaj t:lS (YI.(;diA'e.J.. by '!-he; ucrC fn Actfadlme4t:t A -fD fh/6 4!J e/Yldtl .Bi II .
2ND READING OF ORDINANCE (April 7, 2009): "J move approval of the LUTC's recommendation to approve the code
amendments, which are attached as Ex.A-1 to the Adoption Ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLED/DEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
1 st reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:\2008 Code Amendments\Trces, Vegetation, & Grading\LUTC\Agenda Bill - Ordinance. doc
A-H-achmeJlLi A
Clearing, Grading and Tree and Vegetation Retention Code Amendment
LUTC Modifications to the Planning Commission Recommendation
LUTC Meeting Date: February 23,2009
The following are LUTC recommended modifications to the Planning Commission's
recommendation:
(1) Modify Section 22-XXX3(10)(b) to delete the word "quantity";
(2) Modify Section 22-XXI7(1)(i) to delete the word "four" and replace it with the
word "six"; and
(3) Modify Section 22-XXI5(a)(ii) to delete the word "length and replace it with the
word "height".
.~~ .....
"';':"X';''i.$.~,-
CITY 0 F ~'fP"~'"~',**4W4~"';"
Federal Way
CITY COUNCIL COMMITTEE STAFF REPORT
DATE:
February 17,2009
Linda Kochmar, Chair
Members of the Land Use/Transportation Committee (LUTe)
Cary Roe, Assistant City Manager ~
Greg Fewins, CDS Director
Janet Shull, AICP, Senior Planner~Y
Margaret Clark, AICP, Senior PlaM~r
To:
VIA:
FROM:
SUBJECT:
Clearing, Grading, and Tree and Vegetation Retention Code Amendments
MEETING DATE: February 23, 2009
A. POLICY QUESTION
Should the City of Federal Way approve amendments to the FWCC Chapter 20 "Subdivisions"
and Chapter 22, "Zoning" regarding Clearing, Grading, and Tree and Vegetation Retention, and
related amendments?
B. BACKGROUND
Study Sessions with the Planning Commission
The topic of tree preservation, clearing, and grading was initially placed on the Planning Division and
Planning Commission 2007 Work Program. Staff began meeting with the Planning Commission in
study session format in September 2007 and conducted three study sessions on this topic (September
19,2007, November 9,2007, and January 16,2008). The staffreports and minutes of these meetings
are located in a binder in the City Council offices.
The Planning Commission requested that staff invite representatives from the development
community and utility companies and other interested parties to meet with them to provide input on
this topic. Staff developed and maintained a list of interested parties for this code amendment. Those
on the list of interested parties were notified of all meetings and were sent draft versions of the
proposed code amendment.
Briefing Meeting with the LUTC
Staff met with the Land Useffransportation Committee (LUTe) on February 25, 2008, and provided
the committee with an overview of the process to date with the Planning Commission and comments
provided by interested parties.
City Council Committee Staff Report
Clearing, Grading, and Tree and Vegetation Retention Code Amendments
Meeting Date: February 23,2009
Page I
The LUTC directed staff to proceed with draft code amendments that generally allow for greater
initial clearing and grading flexibility, but increase standards for tree replacement; timing of
development with respect to timing of clearing and grading; and monitoring and penalties for non-
performance and violations.
Coordination with Low Impact Development (LID) grant.
In 2008, the City of Federal Way received an LID grant from the Puget Sound Partnership. As part of
the work funded by the grant, the City's LID grant technical assistant, AHBL, has provided input
relating to tree/vegetation retention that has been incorporated into the proposed code amendments.
Planning Commission Public Hearing Process
The Planning Commission conducted public hearings on the proposed code amendments on
November 5,2008, November 19,2008, January 7, 2009, January 21,2009, and February 4,2009.
During these public hearings, the Planning Commission had the opportunity to consider written and
oral testimony from citizens and representatives from the local development community. (Staff
reports and minutes from these meetings are located in a binder in the City Council offices.)
On February 4, 2009, the Planning Commission voted unanimously to approve the staff recommended
code amendment with some minor modifications.
One of the modifications pertained to changing the allowable artificial slope from the staff
recommended limit of 3: I (three feet horizontal for every one foot in rise) to 2: 1 for artificial slopes
with a length no greater than six feet. After the close of the Public Hearing, it was discovered that the
Planning Commission had intended the modification to read "height" instead of "length." Staff is
requesting that the LUTC consider the Planning Commission's intent when taking action on the
proposed code amendment. (Please refer to Section D below for recommended action.)
Additional Meetings with Citizens
In addition to the public testimony received by the Planning Commission at each of the public hearing
dates listed above, staff met with representatives of the Master Builders Association on December 2,
2008, to discuss the first draft of the proposed code amendment. On January 23,2009, staff met with
citizens (primarily single-family homeowners) who had concerns about how the proposed code
amendments would potentially affect them.
Staff made revisions to the draft code amendments in response to the questions and concerns raised at
both of these meetings as well as the comments received during the public hearings. While staff did
not ultimately support all of the changes to the draft code that were proposed throughout the public
review process, staff believes the draft code has been improved substantially in response to the public
input received and that the majority of the identified concerns have been addressed.
C. SUMMARY OF PROPOSED CODE AMENDMENTS
Some of the key provisions of the proposed code amendments include:
. Consolidation of existing code sections that deal with clearing and grading, and tree/vegetation
retention into one new article of the zoning code.
City Council Committee Staff Report
Clearing, Grading, and Tree and Vegetation Retention Code Amendments
Meeting Date: February 23, 2009
Page 2
. Clearing, grading, and tree/vegetation retention plans are reviewed and approved in conjunction
with the underlying permit required for the proposed development activity.
. More flexibility in mass grading with an emphasis on results. For example: limits of grading area
may be greater than the area of infrastructure construction. However, there will be greater control
on the timing of site clearing with relation to site development, as well as emphasis on less
overall alteration of the natural topography.
. Lot size averaging and cluster development will be allowed for residential subdivisions on sloped
sites in order to reduce disturbance to natural site conditions.
. The existing "significant tree preservation" requirements contained in the "Landscaping" article
of the code are replaced with a "tree units per acre" standard that allows credit for all trees in
good health that can be retained on site.
. Flexibility in meeting tree replacement requirements by allowing off site and/or fee-in-lieu
payment where the development site cannot support the required number of tree units.
. Provisions for protection of on- and off-site vegetation that is to be retained, as well as new code
sections containing maintenance and monitoring provisions for up to two years.
. Specific penalties for unauthorized tree removal/damage.
. Coordination with utilities and written comment is required prior to proceeding with site work.
D. RECOMMENDED ACTION
As noted in Section B above, it was discovered after the official closing of the public hearing that the
Planning Commission's intent was different from that expressed in the motion that was passed. The
staff recommendation below incorporates the Planning Commission's intent as a proposed modification
for consideration by the LUTe.
STAFF RECOMMENDATION: Staffrecommends adoption of the Planning Commission's
recommendation as shown in Exhibit A to the Draft Adoption Ordinance with the
following modification:
Modify Section 22-XX15(a)(ii) to delete the word "length" and replace it with
the word "height."
K:\2008 Code Amendments\Trees, Vegetation, & Grading\LUTC\LUTC February 23 Report.DOC
Meeting Date: February 23, 2009
Page 3
City Council Committee Staff Report
Clearing, Grading, and Tree and Vegetation Retention Code Amendments
CITY OF FEDERAL WAY
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASmNGTON, RELATING
TO LAND MODIFICATION INCLUDING CLEARING, GRADING, AND TREE
AND VEGETATION RETENTION; AMENDING FEDERAL WAY CITY CODE
(FWCC) CHAPTERS 20 AND 22, SECTIONS 20-83,20-111,20-154,22-1,22-33,22-
1133,22-1561, 22-1562,22-1563,22-1564, 22-1569; 22-1570,22-1634,22-1635, AND 22-
1638; ADDING NEW SECTIONS TO CHAPTER 22, ARTICLE XIII, DIVISION 7
[FWRC 19.120J AND TO CHAPTER 22, ARTICLE XVII, AND REPEALING
SECTIONS 20-179 20-186, 22-962, 22-1091, 22-1092, 22-1093, 22-1094, 22-1095, 22-
1568.
WHEREAS, the City recognizes the need to periodically modify the Federal Way City Code Chapter
22, "Zoning," in order to conform to state and federal law, codify administrative practices, clarify and
update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the
development review process; and
WHEREAS, it is in the public interest for the City Council to adopt a new article for FWCC Chapter
22, "Zoning" which establishes development regulations for clearing, grading, and tree and vegetation
retention actions within the City of Federal Way; and
WHEREAS, the proposed clearing, grading, and tree and vegetation retention code amendments would
consolidate these development standards into one article of the code and increase code efficiency; and
WHEREAS, the adoption of this code amendment will increase flexibility in site development
standards while also establishing more predictable site development outcome; and
WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the Federal
Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and
WHEREAS, the Planning Commission conducted public workshops on these code amendments on
September 19,2007, November 7,2007, and January 16,2008; and
WHEREAS, the Land Use Transportation Committee of the City Council of the City of Federal Way
conducted a study session on these code amendments on February 25,2008; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on October 25,2008, and no comments or appeals were received and the DNS was finalized on
November 24, 2008; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code
amendments on November 5, 2008, and continued to November 19,2008, January 7, 2009, January 21,
2009, and February 4, 2009; and forwarded a recommendation of approval with modification to the City
Council as follows: (1) to allow for a maximum artificial slope of 2: 1 horizontal run to vertical rise for
Page_of_
Ordinance No.
slopes no greater than six feet in length; and (2) eliminate the word "quantity" from section 22-XXX3
(9)(c); and the Land Use/Transportation Committee of the Federal Way City Council considered these
code amendments on February 23, 2009, and recommended adoption of the text amendments as
recommended by the Planning Commission with further modifications as follows: (1) to increase the
height limit for retaining walls in single family zones from four to six feet; (2) to allow for a maximum
artificial slope of 2: 1 horizontal run to vertical rise for slopes no greater than six feet in height; and (3)
eliminate the word "quantity" from section 22-XXX3 (10)(b);.
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the proposed code amendments.
A. These code amendments are in the best interest of the residents of the City and will benefit the
City as a whole by adding clarity to clearing and grading standards; establishing maximum
retaining wall heights; and establishing minimum tree units per acre standards for tree retention.
B. These code amendments comply with Chapter 36.70A RCW, Growth Management.
C. These code amendments are consistent with the intent and purpose of FWCC Chapter 22
"Zoning," and will implement and are consistent with the applicable provisions of the Federal
Way Comprehensive Plan.
D. These code amendments bear a substantial relationship to, and will protect and not adversely
affect, the public health, safety, and welfare.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUG1 Improve the appearance and function of the built environment.
LUG3 Preserve and protect Federal Way's single-family neighborhoods.
LUP6 Conduct regular reviews of the development regulations to determine how to improve
upon the permit review process.
LUP19 Consider special development techniques (e.g., lot size averaging, cottage housing, and
planned unit developments) in single-family areas, provided they result in residential
development consistent with the quality and character of existing neighborhoods.
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LUP20 Preserve site characteristics that enhance residential development (trees, water-courses,
vistas, and similar features) using site planning techniques such as clustering, planned unit
developments, and lot size averaging.
HG 1 Preserve and protect the quality of existing residential neighborhoods and require new
development to be of a scale and design that is compatible with existing neighborhood character.
HP8 Consider the economic impact of all development regulations on the cost of housing.
HP9 Maximize efficiency in the City's development review process and ensure that unnecessary
time delays and expenses are eliminated. Continue to provide streamlined permitting processes
for development that is consistent with the FWCP and FWCC, and that has no adverse impacts.
HPlO Encourage community input, where appropriate, into the development permit process by
providing thorough and timely information to the public.
HG3 Develop a comprehensive plan and zoning code that provide flexibility to produce
innovative housing solutions, do not burden the cost of housing development and maintenance,
and diversify the range of housing types available in the City.
HP19 Increase the amount of undeveloped open spaces in both infill and new development
parcels, by expanding the use of cluster development and allowing housing techniques such as lot
averaging, and zero lot line standards.
NEGl To preserve the City's natural systems in order to protect public health, safety, and
welfare, and to maintain the integrity of the natural environment.
NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging
community development patterns and site planning that maintains and complements natural
landforms.
NEP18 The City shall maintain regulations and standards to carry out the Surface Water
Management Comprehensive Plan's policy of restricting stormwater runoff from all new
development and redevelopment in order to minimize the potential for flooding and stream bank
erosion, and preserve and enhance development and redevelopment. City policies, regulations,
and standards will meet the comprehensive stormwater program requirements of the Puget Sound
Plan, and will comply with NPDES permit requirements as applicable.
CAB (Countywide Planning Policy) All jurisdictions shall regulate development on certain
lands to protect public health; property, important ecological and hydrogeological functions, and
environmental quality, and to reduce public costs. The natural features of these lands include: a)
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Ordinance No.
Slopes with a grade greater than 40 percent; b) Severe landslide hazard areas; c) Erosion hazard
areas; d) Mine hazard areas; and e) Seismic hazards. Regulations shall include, at a minimum,
provisions for vegetation retention, seasonal clearing and grading limits, setbacks, and drainage
and erosion controls.
NEG9 Adopt standards to ensure against the loss of both public and private property m
geologically hazardous areas.
NEP54 Land uses on steep slopes should be designed to prevent property damage and
environmental degradation, and to enhance open space and wildlife habitat.
NEP55 As slope increases, development intensity, site coverage, and vegetation removal should
decrease and thereby minimize drainage problems, soil erosion, siltation, and landslides. Slopes
of 40 percent or more should be retained in a natural state, free of structures and other land
surface modifications.
PUPl6 The City should, to the extent practical, work with utility providers in preparing a right-
of-way vegetation plan that ensures that the needs of landscaping and screening are balanced with
the need to prevent power outages.
2. The proposed FWCC text amendment bears a relationship to the public health, safety, and welfare
because it establishes more prescriptive standards for clearing, grading, and retention of trees and
vegetation during land development activities. Implementation of the code amendments will
result in development that gives better consideration for natural site conditions and greater
amount of tree and vegetation retention on a citywide basis.
And
3. The proposed amendment is in the best interest of the residents of the City because site
development proposals will be required to more cohesively address proposed site clearing and
grading, and tree/vegetation retention as part of the permit review process. Proposed standards
related to clearing and grading and utilization of rockeries and retaining walls will be required to
provide for better aesthetic treatment of sites, less dramatic alteration of natural site conditions,
and greater consideration for off-site impacts. All new developments (except for within the City
Center Core and Fame) will be required to establish a minimum number of tree units per acre that
will result in a more predictable amount of tree canopy retention on a citywide basis. Retention of
tree canopy provides an aesthetic and economic benefit, as well as serving to reduce sound
transmission, clean the air, and help reduce stormwater runoff.
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Section 3. Amendment. Federal Way City Code (FWCC) chapters 20 and 22, sections 20-83,20-111,
20-154, 22-1, 22-33, 22-1133, 22-1561, 22-1562, 22-1563, 22-1564, 22-1569; 22-1570, 22-1634, 22-
1635, and 22-1638 are amended as set forth in the attached Exhibit A.
Section 4. New sections. New sections are added to chapter 22, article XIII, division 7 [FWRC
19.120] and to chapter 22, article XVII of the Federal Way City Code as set forth in the attached Exhibit
A.
Section 5. Repeal. Federal Way City Code sections 20-179 20-186, 22-962, 22-1091, 22-1092, 22-
1093, 22-1094,22-1095,22-1568 are repealed as set forth in the attached Exhibit A.
Section 6. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 7. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto. The
codifiers of this ordinance shall update section numbers, titles, format, and style consistent with the
direction in Resolution 07-509 and 09-539 to conform to the Federal Way Revised Code.
Section 8. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same
sections as does this one, specifically Ordinance No 09-_ relating to forest practices regulations;
changes made in this ordinance are intended to be in addition to any changes made by any other ordinance
or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are
enacted, repealed, or modified by any other ordinance or resolution.
Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 10. Effective Date. This ordinance shall be effective thirty (30) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the day of , 2009.
APPROVED:
Mayor, Jack Dovey
ATTEST:
City Clerk, Carol McNeilly
Ordinance No.
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APPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
K:\2008 Code Amendments\Trees Vegetation and Grading\LUTC\Adoption Ordinance code amendment.doc
Ordinance No.
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EXHIBIT A - I
CLEARING, GRADING, AND TREE RETENTION CODE AMENDMENTS
Chapter 20, Subdivisions
Article II, Plats, Division 8, Short Subdivision Plats
20-83 Content and form of application.
(a) An application for approval of a short subdivision shall be made to the department of community
development services upon forms furnished by the city. Applications shall be made by the owner or
owners of th{{ parcel or parcels of all property encompassed by the application or by a duly authorized
agent. The owner or owners of all parcels to be included must join in or be represented in the application.
(b) The application shall include seven prints of the proposed short subdivision drawn to a scale of
one inch represents 50 feet or larger, and should be accompanied by the following information:
(I) Proposed name of the plat.
(2) Location by section, township, range, and/or by other legal description.
(3) Name, address, and phone number of developer.
(4) Name, address, and phone number of each property owner.
(5) Name, address, and phone number of registered land surveyor.
(6) Scale of drawing, date, and north point.
(7) Existing topography of the land indicated by contours of two-foot intervals for slopes less
than 20 percent 15% and five-foot intervals for slopes of 20 percent 15% or greater.
(8) Accurate delineation of steep slopes 40% or greater.
(& 2) Location and extent of significant natural features on and immediately adjacent to the site.
Such features shall include, but are not limited to, streams, wetlands, views, significant stands of trees,
and water bodies to the extent that significant natural features and/or their associated buffers affect the
proposed short subdivision.
(10) Preliminary clearing and grading and tree/vegetation retention plan consistent with the
requirements of Article XXX, Clearing. Grading. and Tree and Vegetation Retention.
(9 11) Comprehensive plan and zoning classification of the proposed short subdivision and
adjoining properties.
(M 12) Adjacent common ownerships and the land or lot divisions of adjoining properties not in
common ownership for a distance of at least 100 feet around the perimeter of the property proposed for
subdivision.
(++ D) Location, widths, and names of existing or prior platted streets, railroad or utility rights-
of-way or easements, access easements, slope easements, parks and other public spaces, and existing
permanent structures to be retained within and adjacent to the proposed short subdivision. Where the
property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown
in dotted lines in scale with the proposed short subdivision.
(H 14) Existing and proposed water, sewer, and drainage utilities on, under, or over the land
showing size, grades, and location.
(H 12) Layout of proposed streets, pedestrian walkways, and easements.
(MlQ) Layout, number, lot sizes, and dimensions of proposed lots.
(H 11) Parcels of land intended to be dedicated for public use, or reserved for use of owners of
the property in the short subdivision.
(M ~) Building setback lines.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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(H 12) The location and size of all ditches, culverts, catchbasins, and other parts of the design for
the control of surface water drainage.
(.}-8 20) Typical roadway sections (existing and proposed).
(-1-9 21) Total acreage of the site platted prior to creation of any lots, tracts, or other dedications.
(~ 22) Acreage precluded from development due to the presence of critical areas, including:
wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered
by critical areas regulations.
(U 23) Acreage dedicated for public rights-of-way (for both newly created streets and expansions
of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for
the purpose of providing access to lots.
(~24) Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities,
open space and parks, or other on-site public facilities.
(;g 25) Net plat area, which is gross plat area minus critical areas, rights-of-way, and public
purpose lands.
(;!4 26) Vicinity map indicating the proposed short subdivision's relation to the area.
(~ 27) A copy of the current county quarter section map for the appropriate area.
(U 28) If applicable under FWCC 18-141 et seq., completed checklists or other required
environmental documentation.
(ti 29) The fee established by the city. The application shall not be accepted unless it is
accompanied by the requested fee.
(~ 30) Additional information as required at the discretion of the director. (Ord. No. 90-41, *
1(16.150.10 ~ 16.150.30),2-27-90; Ord. No. 97-291, * 3,4-1-97; Ord. No. 07-554, S 5(Exh. A(2)), 5-15-07)
Article II, Plats, Division 9, Preliminary Plat
20-111 Content and form of application.
(a) An application for approval of a preliminary plat shall be made to the department of community
development services upon forms furnished by the city. Applications shall be made by the owner or
owners of the parcel or parcels of all property encompassed by the application or by a duly authorized
agent or agents. The owner or owners of all parcels to be included must join in or be represented in the
application.
(b) The survey of the proposed subdivision and preparation of the plat shall be made by, or under the
supervision of, a registered land surveyor who shall certify that it is a true and correct representation of
the lands actually surveyed.
(c) The application shall be accompanied by the following information:
(l) Ten prints of the proposed preliminary plat drawn to a scale of one inch represents 100 feet or
larger. The preliminary plat drawing shall include the following specific information:
a. Proposed name of the plat.
b. Location by section, township, range, and/or by other legal description.
c. Name, address, and phone number of developer.
d. Name, address, and phone number of each property owner.
e. Name, address, and phone number of registered land surveyor.
f. Scale of plat, date, and north point.
g. Existing topography of the land indicated by contours of two-foot intervals for slopes less
than 20 percent 15% and five-foot intervals for slopes of 20 percent 15% or greater.
h. Accurate delineation of steep slopes 40 percent or greater.
hi. Location and extent of significant natural features on and immediately adjacent to the site.
Such features shall include but are not limited to streams, wetlands, views, significant stands of trees, and
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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water bodies to the extent that significant natural features and/or their associated buffers affect the
proposed preliminary plat.
i. Preliminary clearing and grading and tree/vegetation retention plans consistent with FWCC
Article XXX, Clearing, Grading, and Tree and Vegetation Retention.
t k. Comprehensive plan and zoning classification of the proposed plat and adjoining
properties.
j 1. Adjacent common ownerships and the land or lot divisions of adjoining properties not in
common ownership for a distance of at least 100 feet around the perimeter of the property proposed for
subdivision.
ok m. Location, widths, and names of existing or prior platted streets, railroad or utility rights-
of-way or easements, parks or other public spaces, or existing permanent structures to be retained within
and adjacent to the proposed plat. Where the property had been previously subdivided, the original lots,
blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed plat.
I n. Existing and proposed water, sewer, and drainage utilities on, under, or over the land
showing size, grades, and location.
ffl o. Layout of proposed streets, pedestrian walkways, and easements.
fl R:. Layout, number, lot sizes, and dimensions of proposed lots.
e ~Parcels of land intended to be dedicated for public use, or reserved for use of owners of
the property in the subdivision.
P L Building setback lines.
t} ~ The location and size of all ditches, culverts, catchbasins, and other parts of the design for
the control of surface water drainage.
f L Typical roadway sections (existing and proposed).
S]b Total acreage of the site platted, prior to creation of any lots, tracts, or other dedications.
t v. Acreage precluded from development due to the presence of critical areas, including:
wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered
by critical areas regulations.
H w. Acreage dedicated for public rights-of-way (for both newly created streets and
expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements
created for the purpose of providing access to lots within subdivisions.
'\' x. Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities,
open space and parks, or other on-site public facilities.
w y, Net plat area, which is gross plat area minus critical areas, rights-of-way, and public
purpose lands.
* b. Vicinity map indicating the proposed subdivision's relation to the area.
(2) A copy of the current county quarter section map for the appropriate area.
(3) A list of the names and addresses of all owners of real property, as shown by the records of
the county assessor located within 300 feet of any portion of the boundary of the proposed subdivision
and any adjoining real properties owned by the owners of the lands proposed to be subdivided. If the
owner of the property which is proposed to be subdivided owns adjacent property, the addresses of
owners of property located within 300 feet of any portion of the boundaries of such adjacently located
parcels must also be provided.
(4) Three sets of stamped envelopes with address labels for all owners described in subsection
(c)(3) of this section.
(5) One II-inch by 17-inch reduced paper copy of the preliminary plat map.
(6) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for
construction of each division.
(7) A complete environmental checklist pursuant to environmental policy, FWCC 18-26 et seq.
(8) Preliminary plat certificate not less than 90 days old from a licensed title insurance company.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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(9) Additional information as required at the discretion of the director of community development
servIces.
(d) Upon submittal of the preliminary plat application, the applicant shall tender payment of required
fees. Such fees shall be determined according to a standard fee schedule approved by the city council. The
purpose of such fees is to defray the city's cost in processing the application. (Ord. No. 90-41, ~ 1 (16.50), 2-
27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-309, ~ 3,1-6-98; Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07)
Article III, Design Criteria
20-154 Cluster subdivision.
(a) Purpose. The term cluster subdivision applies to both long and short subdivisions. The purpose of
cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and
innovation consistent with the site and the comprehensive plan; promote compatibility with housing on
adjacent properties through lot size and design; promote affordable housing; promote reduction of
impervious surface; and promote usable open space; and promote the retention of native vegetation.
(b) Standards.
(1) The gross land area available for cluster subdivisions must be a minimum of two acres.
(2) Lots created in a cluster subdivision may be reduced in size below the minimum required in
Chapter 22 FWCC, up to one-half of the size of the underlying zoning requirement, but in no case smaller
than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision
cannot be used together with FWCC 22-976(d)(l) (affordable housing bonus).
(3) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the
proposed development immediately adjacent shall be no less than the neighboring lot size, or the
underlying zoning minimum lot size minus 10 percent, whichever is smaller.
(4) Cluster lots may not be created on slopes of 15 percent or greater. Slopes are to be measured
in their natural state. Refer to FWCC 22-XX16 for additional development standards for sites with slopes
of 15% or greater.
(5) Open space.
a. Open space created through cluster subdivisions shall be protected from further subdivision
or development by covenants filed and recorded with the final plat of the subdivision.
b. Any subdivision created by this section must provide all open space on-site and it must be
all usable except up to five percent can be buffer.
c. All usable open space must be readily identifiable with the development and easily
accessible by the residents. Usable open space should be the central focus and an amenity for the project.
(6) Cluster subdivisions can be constructed with zero lot lines under the following conditions:
a. No more than two units shall share a common wall.
b. Zero lot line cannot occur in zones ofRS 9.6 or greater.
c. Each dwelling unit shall be built to respect privacy of abutting homes.
d. Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a
multifamily zone.
e. Each unit shall be intended for owner occupancy.
(7) Cluster lots are not eligible for accessory dwelling units under FWCC 22-613 or 22-648.
(c) Approval criteria. The innovative or beneficial overall quality of the proposed development shall
be demonstrated by the following criteria:
(1) The subdivision provides innovative development, otherwise not allowed, but which promotes
the goals of the comprehensive plan for architectural compatibility with single-family housing on adjacent
properties.
Exhibit A ~ Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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(2) The subdivision results in 15 percent common open space of which at least 10 percent of the
gross land area must be usable on-site open space, which is identified with the development and easily
accessible to residents.
(3) Native tree retention in accordance with FWCC 22-XX18 et seq.
(} 1) Cluster lots immediately adjacent to existing neighborhoods have incorporated design
elements through lot size and architecture to be compatible as approved by the community development
services director.
(4 ~) The cluster subdivision will not result in destruction or damage to natural, scenic, or historic
features.
(~Q) Each dwelling unit shall meet the design standards in the FWCC community design
guidelines for cluster subdivisions. (Ord. No. 90-41, * 1 (16.240.10 - 16.240.30), 2-27-90; Ord. No. 97-291, * 3,
4-1-97; Ord. No. 98-309, * 3,1-6-98; Ord. No. 98-330, * 3,12-15-98; Ord. No. 01-381, * 3,1-16-01; Ord. No. 07-
554, * 5 (Exh. A(2)), 5-15-07)
Article IV, Improvements
20 179 Retention of vegetation.
(a) /\11 natural ','egetation shall be retained on the site to be subdivided exeept that which will be
removed for improvements or grading as showH on approved engineering plans. For zero lot line
townhouse development, clearing and grading shall be allowed to accommodate the construction of the
building(s). If development is to be phased, clearing and grading shall also be phased. ,^. preliminary
clearing and grading plan shall be submitted as part of preliminary plat application.
(b) Existing mature ','egetations shall be retained to the maximum extent possible. Preservation of
significant trees pursuant to FWCC 22 1568 shall apply solely to the development of each single family
lot at the time a building permit is applied for.
( c) Lots created on slopes of 15 pereent or greater shall minimize grading and shall not result in
extensi','e use of retaining walls. Slopes are to be measured in their natural state. (Ord. No. 90 11, ~
1(16.290),22790; Ord. No. 97 291, ~ 3,4 1 97; Ord. No. 98 330, ~ 3, 12 1598; Ord. 1'10.07 551, ~ 5(Exh. ,^.(2)),
5 15 07)
(d) Where safe and feasible, the meandering of streets and/or sidewalks around significant trees is
encouraged.
(e) ;\11 street trees and other plantings shall be installed in conformance with standard landscaping
practices and ','lith appropriate city guidelines and regulations. (Ord. No. 90 11, ~ 1(16.360.10 16.360.10),2
2790; Ord. No. 97 291, ~ 3, 1 1 97; Ord. 1'10.07 551, ~ 5(Exh. ;\(2)), 5 1507)
20 186 Landseaping proteetion and enhaneement.
(a) ,^.Iandscape plan prepared by a licensed landscape architect shall be submitted ';lith each
application for a land division. The plan shall identify existing wooded areas, significant trees, meadows,
rock outcroppings, and other landscape features. The plan shall also shoVI proposed buffers, open spaces,
street trees, and other omamentallandscaping.
(b) Significant trees, as defined in Chapter 22 FWCC, Zoning, shall be identified, except for those to
be removed in areas to be improved or graded as shO'..vn on the application for a land division. During
construction of improvements and permitting of buildings, protection techniques, as required in Chapter
22 FWCC, Zoning, shall be used to proteet the identified trees from harm or destruction, and to restore
trees damaged Or lost. Significant trees to be preserved shall be visibly marked by flagging.
(c) Where safe and feasible, the meandering of streets and/or sidewalks around significant trees is
encouraged.
(d) ,^.ll street trees and other plantings shall be installed in conformance with standard landscaping
practices and with appropriate city guidelines and regulations. (Ord. No. 90 11, ~ 1(16.360.10 16.360.10),2
27 90; Ord. No. 97 291, ~ 3, 1 1 97; Ord. No. 07 551, ~ 5(Exh. ;\(2)), 5 1507)
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 5 of 65
Chapter 22, Zoning
Article I, In General
22-1 Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or
structure on that property, without any intention of transferring rights to the property or structure to
another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall
include but not be limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure.
Abandoned personal wireless service facility means a PWSF that meets the following:
(l) Operation has voluntarily ceased for a period of 60 or more consecutive days; or
(2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60
or more consecutive days; or
(3) The antenna has been relocated at a point less than 80 percent of the height of the support
structure; or
(4) The number of transmissions from an antenna has been reduced by 75 percent for a period of
60 or more consecutive days.
Accessory means a use, activity, structure or part of a structure which is subordinate and incidental to
the main activity or structure on the subject property.
Accessory dwelling unit (ADD) means either a freestanding detached structure or an attached part of a
structure which is subordinate and incidental to the main or primary dwelling unit located on the subject
property, providing complete, independent living facilities exclusively for one single housekeeping unit,
including permanent provisions for living, sleeping, cooking and sanitation.
(1) ADU, attached means an accessory dwelling unit that has one or more vertical and/or
horizontal walls, in common with or attached to the primary dwelling unit.
(2) ADU, detached means a freestanding accessory dwelling unit that is not attached or physically
connected to the primary dwelling unit.
Accessory hardship dwelling unit means an attached ADD which satisfies the criteria set forth in
FWCC 22-965.
Accessory living facility means an area or structure on the subject property, which is accessory to a
permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and
sanitation for an employee on the subject property and that employee's family, or for the business
owner/operator and that person's family.
A4joining means property that touches or is directly across a street from the subject property. For the
purpose of height regulations, any portion of a structure which is lOO feet or more from a low density
zone is not considered to be adjoining that zone.
Adult entertainment, activity, retail, or use shall mean all of the following:
(I) Adult theater shall mean a building or enclosure or any portion thereof used for presenting
material distinguished or characterized by an emphasis on matter depicting, describing or relating to
specified "sexual activities" or "specified anatomical areas" (defined below) for observation by patrons
therein and which excludes minors by virtue of age.
(2) Adult entertainment shall mean a cabaret, nightclub or other establishment which features go-
go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants,
who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or
other activities include or mimic "specified sexual activities" (defined below) and which establishment
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 6 of 65
excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined
in FWCC 9-71 (a) and (b).
(3) Panorama and peepshow shall mean as defined in FWCC 9-71 (i) and U).
(4) Adult retail shall mean a retail establishment which, for money or any other form of
consideration, either:
a. Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or
provide for viewing, off the premises, any adult-oriented merchandise; or
b. Provides, as its substantial stock in trade, for the sale, exchange, rental, loan, trade,
transfer, and/or viewing or use, off the premises, any adult-oriented merchandise.
Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in
the zone where that term is specifically listed as an allowable use and only in conformance to the
requirements as stated for that use.
Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including,
but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or
nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified
sexual activities" (defined below).
Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the
suburban estate zones.
Air rights means the right to, in some manner, control the use of the space above the surface of the
ground.
AKARTmeans "...all known, available and reasonable methods of prevention, control and treatment"
as interpreted in WAC 1 73-201A-020. This is a technology-based approach to limiting pollutants from
wastewater discharges, which requires both an engineering and economic judgment.
Alluvium means soil deposits transported by surface waters.
Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or
similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based
points, including, but is not limited to:
(1) Omni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a
360-degree radial pattern.
(2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific
directional pattern of less than 360 degrees.
(3) Parabolic (or "dish") antenna(s) is a bowl-shaped device for the reception and/or transmission
of communications signals in a specific directional pattern.
(4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is
not directly used to provide personal wireless communications services. An example would be a global
positioning satellite (GPS) antenna.
Antique or collectible means any article which, because of age, rarity, or historical significance, has a
monetary value greater than its original value, or which has an age recognized by the United States
government as entitling the article to an import duty less than that prescribed for contemporary
merchandise. A store or shop selling only such articles, or offering them for sale, shall be considered as a
dealership selling antiques or collectibles and not as a dealership selling secondhand merchandise.
Applicant means both of the following, depending on the content:
(1) A person who applies for any permit or approval to do anything governed by this chapter,
which person must be the owner of the subject property, the authorized agent of the owner, or the city.
(2) Any person who is engaging in an activity governed by this chapter or who is the owner of
property subject to this chapter.
Aquifer means a water-bearing porous soil or rock strata capable of yielding a significant amount of
groundwater to wells or springs.
Average building elevation (ABE) means a reference datum on a subject property from which
building height is measured. ABE is the average of the highest and lowest existing or proposed
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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elevations, whichever is lowest, taken at the base of the exterior walls of the structure; provided, that ABE
shall not be greater than five feet above the lowest existing or proposed elevation.
~owed~.-------- ------- ---------~
Building I .
Height ~ :
lowest
Be\GlliOon
Re~renre
datum (ABE)
Hghest
8e\Qtion
Average slope means the average grade ofland within each land area representing a distinct
topographical change.
Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining
wall or foundation.
BMPs or best management practicers) means maintenance measures and operational practices that are
considered the most effective, practical means of preventing or reducing pollution from nonpoint or point
sources. BMPs are defined by trade organizations, government agencies, and other organizations involved
in pollution prevention and environmental regulation.
Building means a roofed structure used for or intended for human occupancy.
Building mounted signs means all of the following: wall-mounted signs, marquee signs, under
marquee signs and projecting signs.
Building segment means that portion of a terraced building on a sloping site which has a separate roof
line or finished floor elevation with a grade change of at least four feet.
Bulkhead means a wall or embankment used for retaining earth.
Business or vocational school means a post-secondary institution that offers instruction in business
principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial,
accounting, purchasing, computer programming or usage, or training in fields such as health services,
restaurant management, real estate, beautician training, or professional training or continuing education in
these or similar fields.
Cell-on-wheels (C-O-1f) means a mobile temporary personal wireless service facility.
Cemetery means land used or intended to be used for the burial of the dead and dedicated for
cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses,
when operated in conjunction with and within boundaries of such cemetery.
Change of use means a change of use determined to have occurred when it is found that the general
character of the operation has been modified. This determination shall include review of, but not be
limited to:
(1) Hours of operation;
(2) Required parking;
(3) Traffic generation;
(4) General appearance;
(5) Type, extent or amount of indoor or outdoor storage; and
(6) Constituents of surface water discharge or runoff.
Church, synagogue or other place of religious worship means an establishment, the principal purpose
of which is religious worship and for which the principal building or other structure contains the
sanctuary or principal place of worship, and which establishment may include related accessory uses.
Class 1 home occupation means those home businesses that qualify as home occupations under this
zoning chapter, except family child care homes.
Class 11 home occupation means those family child care homes that qualify under FWCC 22-1069.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical
methods.
College or university means a post-secondary institution for higher learning that grants associate or
bachelor degrees and may also have research facilities and/or professional schools that grant master and
doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or
certificates of completion in business or technical fields.
Collocation means the placement and arrangement of multiple providers' antennas and equipment on
a single support structure or equipment pad area.
Commercial recreation facility means an indoor facility and use operated for profit, with private
facilities, equipment or services for recreational purposes including swimming pools, tennis courts,
playgrounds and other similar uses. The use of such an area may be limited to private membership or may
be open to the public upon the payment of a fee.
Commercial use means the uses allowed in the commercial zones and the nonindustrial uses
permitted in the commercial enterprise zone and not permitted in any other zones of the city.
Commercial vehicle means, unless exempted by FWCC 22-1176 and 22-1178, any truck over 10,000
pounds gross vehicle weight rating (GVWR), as defined in the Revised Code of Washington (RCW), the
principal use of which is the transportation of commodities, vehicles, merchandise, produce, freight, or
animals; or bulldozers, backhoes, cranes, and similar construction equipment.
Commercial zones means the BN, BC, CC-C and CC-F zoning districts.
Common recreational open space usable for many activities means any area available to all of the
residents of the subject property that is appropriate for a variety of active and passive recreational
activities (including activities suitable for all age groups) and is not:
(1) Covered by buildings or parking or driving areas.
(2) Covered by any vegetation that impedes access.
(3) On a slope that is too steep for recreational activities.
Community recreation area or clubhouse means an area devoted to facilities and equipment for
recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and
other similar uses, which area is maintained and operated by a nonprofit club or organization whose
membership is limited to the residents within a specified development or geographic area.
Comprehensive plan means the ordinances of the city, as adopted and amended from time to time,
under RCW 35A.63.060 through 35A.65.080 and the shoreline master program.
Contour line means the interconnection of points having the same height above sea level.
Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients
who are recovering from an illness or who are receiving care for chronic conditions; mental, physical,
emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include
assisted living facilities.
Cottage housing development (CHD) means residential development consisting of clusters of between
four and 16 detached dwelling units, that includes cottages and may include compact single-family units
and meets the following criteria:
(1) Dwelling units are limited to a maximum square footage; and
(2) Dwelling units are grouped around a common open space; and
(3) Developments meet a set of design criteria not applicable to typical single-family
developments as stipulated in Article XII of this chapter.
Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface
infiltration. These areas are hydrogeologically susceptible to contamination and contamination loading
potential including, but not limited to, such areas as sole water source aquifer recharge areas, special
protection groundwater management areas, wellhead protection areas, and other areas with a critical
recharging effect on aquifers used for potable water.
Critical root zone shall be defined as: an area equal to 12 inches radius for every one inch of tree
diameter measured at four and one-half feet above ground.
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Cross-section (drawing) means a visual representation of a vertical cut through a structure or any
other three-dimensional form.
Curb cut means the connection of a driveway with a street, which may entail a structural alteration to
the curb by lowering the height of part of the curb.
Cut means a portion of land surface or area from which earth has been removed or will be removed
by excavation. Also known as excavation.
Day care facility means the temporary, nonresidential care of persons in a residence or other structure
on a regular, recurring basis.
Dedication means the deliberate appropriation of land by its owner for public use or purpose,
reserving no other rights than those that are compatible with the full exercise and enjoyment of the public
uses or purposes to which the property has been devoted.
Deleterious substance includes, but is not limited to, chemical and microbial substances that are
classified as hazardous materials under this section, "hazardous materials," whether the substances are in
usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which
monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC.
Development activity means any work, condition or activity which requires a permit or approval
under this chapter or the city's building code.
Diameter at Breast Height (dbh) means the diameter of a tree trunk as measured at 4.5 feet above the
ground surface.
Development permit means any permit or approval under this chapter or the city's building code that
must be obtained before initiating a use or development activity.
Domestic animal means an animal which can be and is customarily kept or raised in a home or on a
farm.
Domestic violence shelters means housing for adult women or men and their dependent children, if
any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other
of the adult victim.
Dredging means removal of earth and other materials from the bottom of a body of water or
watercourse or from a wetland.
Dredging spoils means the earth and other materials removed from the bottom of a body of water or
watercourse or from a wetland by dredging.
Driveway means an area of the subject property designed to provide vehicular access to a parking
area or structure located on the subject property.
Dry land means the area of the subject property landward of the high water line.
Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes,
providing complete, independent living facilities exclusively for one family, including permanent
provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is
considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated
manufactured home established in RCW 35A.63.l45. There are the following eight types of dwelling
units:
(1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common
with or attached to one or more other dwelling units or other uses and does not have other dwelling units
or other uses above or below it.
(2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to
any other dwelling unit or other use.
(3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in
common with or attached to one or more other dwelling units or other uses and may have one or more
vertical walls in common with or adjacent to one or more other dwelling units or other uses.
(4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which are
either attached or stacked. See definition of "dwelling unit, townhouse."
(5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily.
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(6) Dwelling unit, small lot detached, means detached residential dwelling units developed on
multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit's
sides may rest on a lot line (zero lot line) when certain site development conditions are met.
(7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least
two such units in which each unit has its own front and rear access to the outside, no unit is located over
another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant
walls.
(8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with
common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the
dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street,
alley, or private tract) and, typically, each house is a complete entity with its own utility connections.
Although most townhouses have no side yards, they have front and rear yards. The land on which the
townhouse is built, and any yard, is owned in fee simple.
Easement means land which has specific air, surface or subsurface rights conveyed for use by
someone other than the owner of the subject property or to benefit some property other than the subject
property.
EMF means electromagnetic field, which is the field produced by the operation of equipment used in
transmitting and receiving radio frequency signals.
Equipment shelter means the structure associated with a PWSF that is used to house electronic
switching equipment, cooling system and back-up power systems.
Erosion and deposition means the removal of soils and the placement of these removed soils
elsewhere by the natural forces of wind or water.
Essential public facility is any facility or conveyance which has the following attributes:
(1) It is typically difficult to site due to unusual site requirements and/or significant public
opposition;
(2) It is a necessary component of a system, network or program which provides a public service
or good;
(3) It is owned or operated by a unit oflocal or state government, private or nonprofit
organization under contract with or receiving government funding, or private firms subject to a public
service obligation;
(4) It meets a general and/or specific category for facility types or individual facilities listed
below in Class I and Class II essential public facilities.
a. Class I: Facilities of a county, regional or state-wide nature. Those essential public
facilities intended to serve a population base that extends significantly beyond the boundaries of the city,
and which may include several local jurisdictions or a significant share of the Puget Sound regional
population. Such facilities may include, but are not limited to, the following:
1. State or regional education facilities (except minor branch facilities).
i. Research facilities;
ii. University branch campuses;
iii. Community colleges.
2. State or regional transportation facilities.
i. Light and/or standard rail lines;
ii. Commuter terminals;
iii. Transit centers;
iv. Park-and-ride lots in residential zones.
3. State or regional correctional facilities.
4. Solid waste handling facilities (large scale).
i. Transfer station;
ii. Recycling center.
5. Sewage treatment plants.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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6. Power plants.
b. Class II: Facilities of a local nature. Those essential public facilities that are intended to
meet the service needs of the local community. In many cases local facilities are characterized by
providing some type of in-patient care, assistance, or monitoring. Such facilities may include, but are not
limited to, the following:
1. Substance abuse facilities.
2. Mental health facilities.
3. Group homes/special needs housing.
4. Local schools.
i. Elementary school;
ii. Middle school;
iii. High school.
5. Social service transitional housing.
i. Domestic violence shelter;
ii. Homeless shelter;
iii. Work-release.
Excavate or excavation means the mechanical removal of soils and/or underlying strata.
Family means an individual or two or more individuals related by not more than four degrees of
affinity or consanguinity and including persons under legal guardianship, or a group of not more than five
persons who are not related by four or fewer degrees of affinity or consanguinity; provided, however, that
any limitation on the number of residents resulting from this definition shall not be applied if it prohibits
the city from making reasonable accommodations to disabled persons in order to afford such persons
equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,
42 USC 3604(t)(3)(b).
Family child care home means a business regularly providing care during part of the 24-hour day to
12 or fewer children (including the children of the day care provider) in the family abode of the person or
persons under whose direct care the children are placed.
Fastfood restaurant means an establishment which offers quick food service which is accomplished
through one or more of the following mechanisms:
(1) Limited menu of easily produced items.
(2) Orders are not taken at the customer's table.
(3) Food is served in disposable wrappings or containers.
Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating
parcels of land.
Fill means deposition of earth materials by artificial means.
Fill material means dirt, structural rock or gravel, broken concrete and similar structural substances
customarily used to raise the level of the ground, but excluding topsoil, bark, ornamental rocks or gravel
placed on the surface of the ground.
Finished grade means the final contour of the land surface prior to landscaping.
Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or
street right-of-way by a narrow strip ofland. The narrow strip ofland connecting the main portion ofthe
lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot.
Floor means the horizontal surface inside a structure designed and intended for human use and
occupancy.
Gambling use means one of those gambling activities regulated by the state, e.g., "public card
rooms," which involve staking or risking something of value upon the outcome of a contest of chance or a
future contingent event not under the person's control or influence, upon an agreement or understanding
that the person or someone else will receive something of value in the event of a certain outcome.
Gambling uses include those uses regulated by the Washington State Gambling Commission with the
following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/2612009
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games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not-
for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional
contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food,
or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery
Commission.
Geologically hazardous areas means areas which because of their susceptibility to erosion,
landsliding, seismic or other geological events are not suited to siting commercial, residential or industrial
development consistent with public health or safety concerns. Geologically hazardous areas include the
following areas:
(1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to
natural agents such as wind, rain, splash, frost action or stream flow.
(2) Landslide hazard areas are those areas potentially subject to episodic downslope movement
of a mass of soil or rock including, but not limited to, the following areas:
a. Any area with a combination of:
1. Slopes greater than 15 percent;
2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
3. Springs or groundwater seepage.
b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago
to the present, or which is underlain by mass wastage debris of that epoch.
c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or
undercutting by wave action.
d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to
inundation by debris flows or flooding.
e. Those areas identified by the United States Department of Agriculture Soil Conservation
Service as having a severe limitation for building site development.
f. Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable
recent slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting.
These conditions occur in areas underlain by cohesionless soils oflow density usually in association with
a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a
vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance.
A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at
least 10 feet of vertical relief.
Glare means both of the following:
(1) The reflection of harsh, bright light.
(2) The physical effect resulting from high luminances or insufficiently shielded light sources in
the field of view.
Government facility means a use consisting of services and facilities operated by any level of
government, excluding those uses listed separately in this chapter.
Grading means altering the shape of ground surfaces to a predetermined condition; this includes
stripping, cutting, filling, stockpiling and shaping or any combination thereof and shall include the land in
its cut or filled condition.
Grossfloor area means the total square footage of all floors, excluding parking area, in a structure as
measured from either the interior surface of each exterior wall of the structure or, if the structure does not
have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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Ground floor means the floor of a structure that is closest in elevation to the finished grade along the
facade of the structure that is principally oriented to the street which provides primary access to the
subject property.
Groundwater means water that occurs in subsurface openings in the earth, such as the spaces between
particles in unconsolidated deposits or along fractures in consolidated deposits.
Groundwater contamination means the presence of any substance designated by the U.S.
Environmental Protection Agency (EP A), or the State of Washington Department of Ecology (DOE), as a
primary or secondary water quality parameter, in excess of the maximum allowable containment level
(MCL).
Group homes type 11 means housing for juveniles under the jurisdiction of the criminal justice system.
Such groups include state-licensed group care homes or halfway homes for juveniles which provide
residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing
correction, or for those selected to participate in state-operated work release and pre-release programs.
The director of community development services shall have the discretion to classify a group home
proposing to serve juveniles convicted of the offenses listed under group home type III in this section as a
group home type III, and any such home shall be sited according to the regulations contained within type
III classification.
Group homes type II-A: Maximum number of 12 residents including resident staff.
Group homes type II-B: Thirteen or more residents including residential staff. Maximum number to
be determined on a case-by-case basis.
The limitation on the number of residents in a group home type II shall not be applied if it prohibits
the city from making reasonable accommodations to disabled persons in order to afford such persons
equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988,
42 USC 3604(f)(3)(b).
Group homes type 111 means housing for adults that have been convicted of a violent crime against a
person or property, or have been convicted of a crime against a person with a sexual motivation, or have
been convicted or charged as a sexual or assaultive violent predator. These individuals are under the
jurisdiction of the criminal justice system or have entered a pre- or post-charging diversion program. Such
groups involve individuals selected to participate in state-operated work/training release and pre-release
programs or similar programs. Such category does not include full-time detention facilities.
Gymnasium means a room or building equipped for sports, which must be accessory to a school
facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gynmasium
may also be used as an auditorium to hold concerts and other performing arts.
Hardship means a current or impending health condition which requires a person to live in dose
proximity to, and/or share housing with, a caregiver.
Hazard tree shall mean any tree which, in the opinion of the city or an expert approved by the city
(such as, but not limited to, a professional forester, certified arborist. or landscape architect), poses an
unreasonable risk of failure and poses a hazard to a permanent structure or high use outdoor area.
Hazardous liquid means: (a) petroleum, petroleum products, or anhydrous ammonia as those terms
are defined in 49 CFR Part 195 in effect March I, 1998; and (b) carbon dioxide.
Hazardous materials mean any material, either singularly or in combination, that is a physical or
health hazard as defined and classified in the International Fire Code, whether the materials are in usable
or waste condition; and any material that may degrade groundwater quality when improperly stored,
handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged. Hazardous materials
shall also include any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous
waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173-
303 WAC, whether the materials are in usable or waste condition. Hazardous materials shall also include
petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste
oils or sludge.
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Hazardous waste means all dangerous and extremely hazardous waste, including substances
composed of radioactive and hazardous components (see Chapter 70.105 RCW).
Hazardous waste storage means the holding of dangerous waste for a temporary period (see WAC
173-303-040(85)).
Hazardous waste treatment means the physical, chemical or biological processing of dangerous
wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or
material resource recovery, amenable for storage or reduced in volume (see WAC 173-303-040(97)).
Heat means added energy that causes substances to rise in temperature, fuse, evaporate, expand or
undergo any other related change.
Heavy equipment means high capacity mechanical devices for moving earth or other materials,
mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes,
drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors,
harvesters, combines, or other major agricultural equipment, and similar devices operated by mechanical
power as distinguished from manpower.
Height of structure means the vertical distance above the measured from the average building
elevation measured around the building or building segment to the highest point of a flat roof or to the
deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a
gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of
dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the
ridge of the highest principal gable.
High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2,
RS 9.6, and comparable zones in other jurisdictions.
Home occupation means an occupation, enterprise, activity or profession which is incidental to a
residential use, which is carried on for profit or customarily carried on for profit and which is not an
otherwise permitted use in the zone in which it occurs.
Horizontal dimension means the length of the facade of a structure as measured along a plane,
excluding eaves which extend out no more than 18 inches from the exterior walls of the structure.
Hospital means an institution providing primary health services and medical or surgical care to
persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal
physical or mental conditions, and including, as an integral part of the institution, related facilities such as
laboratories, outpatient facilities, extended care facilities and/or training facilities.
Hotel or motel means a single building or group of buildings containing individual sleeping units
intended for transient occupancy.
Improvement means any structure or manmade feature.
Industrial-commercial zone means the CE zoning district.
Industrial uses means those uses allowed only in the CE zone as listed in FWCC 22-861 through 22-
864.
Ingress/egress and utilities easement means privately owned land used and legally committed,
through easements, plat restrictions, or similar mechanisms, to providing access for vehicles and
pedestrians to properties other than the property within the tract or easement. It may also provide space
for utility lines and appurtenances, and other devices and facilities benefiting nearby properties or the
public. See definition of "vehicular access easement or tract."
Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14
days, is apparently inoperable or requires repairs in order to be operated legally on the public roads or is
unable to move a distance of 10 feet on level pavement under its own power.
Institutional uses mean the following uses: schools, churches, colleges, hospitals, parks,
govenunental facilities and public utilities.
Invasive svecies include non-native species of plants or animals that out-compete native species in a
specific habitat and that cause or are likely to cause economic or environmental harm or harm to human,
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animal or plant health. Invasive species include species on the noxious weed list maintained by the King
County Noxious Weed Control Board. See also Native Vegetation and Nuisance Vegetation.
Irrevocable license means a written irrevocable permission given by a property owner to the city for
specified purposes.
Issuance, when used with respect to a decision of the director of community development services or
a decision of the hearing examiner issued under this chapter, means the date that is three days after the
date the written decision of the director or hearing examiner is mailed. Proof of mailing shall be by
affidavit or by declaration under penalty of peIjury.
Issuance, when used with respect to a city council decision made by ordinance or resolution while
sitting in a quasi-judicial capacity, means the date on which the council passes the ordinance or
resolution, as evidenced by the date of passage indicated on the face of the ordinance or resolution.
Junk means old or scrap metal, rope, rags, batteries, paper, rubber, machinery, scrap wood, debris,
trash, or junked, dismantled, wrecked or inoperable motor vehicles or parts thereof.
Junk or junked vehicle means any vehicle substantially meeting at least two of the following
conditions:
(1) Is extensively damaged, such damage including but not limited to any of the following: a
broken window or windshield or missing wheels, tires, motor, or transmission;
(2) Is apparently inoperable;
(3) Is without a current, valid registration plate.
Junkyard means a property or place of business which is maintained, operated or used for storing,
keeping, buying, selling or salvaging junk.
Kennel means an establishment, generally retail in nature, which houses, cares for, breeds, raises or
sells dogs or cats.
Land division means any process by which individual lots, parcels, or tracts are created for the
purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional
subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot
line townhouse development, and small lot detached development.
Land surface 1'I10dificatien means the clearing or remo',oal of trees, Sh:llbs, groundcover and other
.,oegetation and all grading, excavation and filling aetivities.
Landscaping means the planting, removal and maintenance of vegetation along with the movement
and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the
planting, removal and maintenance of vegetation.
Landward means toward dry land.
Linear frontage of subject property means the frontage of the subject property adjacent to all open,
improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open,
improved right-of-way, "linear frontage" means the frontage of the subject property on any public access
easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of-
way.
Lot means a parcel of land having fixed boundaries described by reference to a recorded plat, by
reference to metes and bounds, or by reference to section, township and range.
Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single-
family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not
be credited in calculation of minimum lot area.
Low density use means a detached dwelling unit on a subject property that contains at least five acres.
Low density zone means the following zones: SE and comparable zones in other jurisdictions.
Major stream means any stream, and the tributaries to any stream, which contains or supports, or
under normal circumstances contains or supports, resident or migratory fish. If there exists a natural
permanent blockage on the stream course which precludes the upstream movement of anadromous
salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage
shall be regulated as a major stream.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 16 of65
Manufactured home means a factory-built structure transportable in one or more sections which is
built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when
connected to required utilities. A manufactured home shall be built to comply with the National
Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15,
1976).
Manufacturing and production, general, means establishments engaged in the mechanical or
chemical transformation of materials or substances into new products, including the assembling of
component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or
liquors, and is typically carried on for the wholesale market.
Manufacturing and production, limited, means retail establishments engaged in the small-scale
manufacture, production, and on-site sales of custom goods and products. This classification includes
uses such as ceramic studios; candle-making shops; custom jewelry manufacturing; woodworking and
cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; or
dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such
as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as
caterers, bakeries, candy stores, microbreweries, and beverage bottlers. These uses are distinguished from
"manufacturing and production, general" by a predominant use of hand tools or domestic mechanical
equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no
outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance
that is in scale with the overall building and oriented to the right-of-way.
Maximum lot coverage means the maximum percentage of the surface of the subject property that
may be covered with materials which will not allow for the percolation of water into the underlying soils.
See FWCC 22-955 et seq. for further details.
Mean sea level means the level ofPuget Sound at zero tide as established by the U.S. Army Corps of
Engineers.
Medium density zones mean the following zones: RS 15.0, RS 35.0 and comparable zones in other
jurisdictions.
Microcell means a wireless communication facility consisting of an antenna that is either:
(1) Four feet in height and with an area of not more than 580 square inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet high.
Minorfacility means a wireless communication facility consisting of up to three antennas, each of
which is either:
(1) Four feet in height and with an area of not more than 580 inches; or
(2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length;
and the associated equipment cabinet that is six feet or less in height and no more than 48 square feet
in floor area.
Minor stream means any stream that does not meet the definition of "major stream."
Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for
waterborne pleasure craft.
Multiuse complex means all of the following: a group of separate buildings operating under a
common name or management; or a single building containing multiple uses where there are specific
exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that
request treatment as a multiuse complex.
Native vegetation includes native. undisturbed areas or rehabilitation of previously disturbed areas
that consist of trees. plants. forest litter. and understory indigenous to the Pacific Northwest or near
natives that are suitable for the Pacific Northwest climate. Invasive species. such as Himalayan
Blackberry or Scotch Broom are not native species.
Naturalfeatures mean physical characteristics of the subject property that are not manmade.
Natural materials mean materials chemically unaltered from their natural state.
Noise means the intensity, duration and character of sound from any and all sources.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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Nonconformance means any use, structure, lot, condition, activity or any other feature or element of
private or public property or the use or utilization of private or public property that does not conform to
any of the provisions of this chapter or that was not approved by the city of Federal Way through the
appropriate decision-making process required under this chapter.
Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which
water can freely percolate to the soil beneath.
Normal maintenance includes interiOl: and exterior repairs and incidental alterations. Normal
maintenance and repair may include, but is not limited to, painting, roof repair and replacement,
plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization.
Incidental alterations may include construction of nonbearing walls or partitions.
Nuisance vegetation shall mean any tree or vegetation that, in the opinion of the city or an expert
approved by the city (such as, but not limited to a professional forester, certified arborist, or landscape
architecO, is an invasive variety, is an allergen, or due to its location is causing or is likely to cause
damage to a permanent structure, or other economic or environmental harm or harm to human, animal. or
plant health that cannot be mitigated without removal of the tree or vegetation.
Nursing home. See "Convalescent center."
Occupant means a person that legally occupies a structure or property.
Odor means stimulus affecting the olfactory nerves.
Office use means a place of employment providing services other than production, distribution, sale
or repair of goods or commodities. The following is a nonexclusive list of office uses: medical, dental or
other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar
professional services; management, administrative, secretarial, marketing, advertising, personnel or other
similar personnel services; sales offices where no inventories or goods are available on the premises; real
estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses
are specifically excluded from the definition of office: banks, savings and loan companies and similar
financial institutions.
Office zones mean the PO, OP and CP-l zoning districts.
Official notification boards of the city means the bulletin boards in the public areas of City Hall and
other public locations as designated by city council.
On-site hazardous waste treatment and storage facilities means facilities which treat and store
hazardous wastes generated on the same lot or geographically contiguous or bordering property. Travel
between two properties divided by a public right-of-way, and owned, operated or controlled by the same
person, shall be considered on-site travel if:
(1) The travel crosses the right -of-way at a perpendicular intersection; or
(2) The right-of-way is controlled by the property owner and is inaccessible to the public (see
WAC 173-303-040(39)).
Open record hearing means a hearing that creates the city's record of decision for an application or
appeal through testimony and submission of evidence and information, under procedures prescribed by
the city's hearing examiner or the city council. An open record hearing may be held prior to the city's
decision on an application, or as part of an appeal.
Open space means land not covered by buildings, roadways, parking areas or other surfaces through
which water cannot percolate into the underlying soils.
Open space, private, means common open space, the use of which is normally limited to the
occupants of a single dwelling or building or property.
Open space, public, means open space owned by a public agency and maintained by it for the use and
enjoyment of the general public.
Ordinary high water mark means, on lakes, streams and tidal waters, that mark that will be found by
examining the bed, banks or shore and ascertaining where the presence and action of waters are so
common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character
distinct from that of the abutting uplands; provided, that any tidal area where the ordinary high water
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 18 of 65
mark cannot be found based on the previous text of this definition, the ordinary high water mark shall be
the line of mean high tide.
Outdoor means not contained within a building.
Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale,
lease, processing or repair and not enclosed within a building.
Owner means, in reference to real property, the person or persons holding fee title to the property as
well as the purchaser or purchasers under any real estate contract involving the real property.
Panhandle lot means flag lot.
Parking area means any area designed and/or used for parking vehicles.
Parking space means an area which is improved, maintained and used for the sole purpose of
temporarily accommodating a motor vehicle that is not in use.
Person means any individual, partnership, association, corporation, unit of government or any other
legal entity.
Personal wireless senJicefacility (PWSF) means a wireless communication facility, including a
microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which
may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve
the necessary elevation, and reception and transmission devices and antennas.
Personal wireless services means commercial mobile services, unlicensed wireless services, and
common carrier wireless exchange access services, as defined by federal laws and regulations.
Preapplication conference means a meeting, between an applicant and members of the development
review committee, which is held prior to formal application, during which the project is discussed relative
to city and other pertinent codes and/or regulations.
Primary dwelling unit means the main structure located on the subject property which is
distinguishable from any accessory dwelling unit because it is greater in total square footage.
Primary vehicular access means the street, vehicular access easement, or private tract from which the
majority of vehicles enter the subject property.
Principal use means the primary or predominant use of any lot or parcel.
Private club means an association of persons organized for some common purpose, but not including
groups organized primarily to sell merchandise or render a service which is customarily carried on as a
business.
Property line means those lines enclosing the subject property and those lines defining a recorded
vehicular access easement or tract. The following are categories of property lines:
(1) The front property line is any property line that is adjacent to a primary vehicular access. If
the subject property is adjacent to more than one primary vehicular access, the applicant shall designate
which of the adjacent property lines is the front property line and the remainder of such adjacent property
lines will be considered as either a rear property line or side property line, based on the definition in this
section, except the property line adjacent to an arterial or primary collector shall not be designated as a
primary vehicular access.
Exhibit A ~ Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page] 9 of65
(2) For flag lots, the yard setbacks shall be applied per the following graphic:
Driveway
for Lol21
Access
Easement
for lot 1
Flag Lot Setbacks
Le,j 2
F.--'
20'-"
- - $~"
UJ~ 1
Driveway ~'?t..a_n__ctrt~~iClI
for Lot 2 or principal collector
Driveway for Lot 2
and Access Easement
for Lot 1
Arterial or
principal collector
Driveway
for Lot 3
and Access
Easement
for Lol2
Lot ~
Not an arterial
or pr;nCipaicolieCior
F = Front Yard
S = Side Yard
R = Rear Yard
(3) The rear property line is any property line that is farthest from, and essentially parallel to, the
front property line.
(4) The side property line is any property line other than a front property line or a rear property
line.
Public park means a natural or landscaped area, provided by a unit of government, to meet the active
or passive recreational needs of people.
Public utility means the facilities of a private business organization such as a public service
corporation, or a governmental agency performing some public service and subject to special
governmental regulations, the services which are paid for directly by the recipients thereof. Such services
shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and
transportation for persons and freight. The term also includes broadcast towers, antennas and related
facilities operated on a commercial basis.
Public works director means the director of the department of public works of the city.
Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria:
(1) Has received a baccalaureate or post-graduate degree in earth science or engineering; and
(2) Has sufficient education and experience in geology and hydrogeology as may be
demonstrated by state registration, professional certifications, or licensing that enable that individual to
make sound professional judgments regarding groundwater and groundwater vulnerability.
Regulated lakes means Wetlands Nos. 8-21-4-26,7-21-4-71,11-21-3-9,14-21-3-2,14-21-3-5,13-21-
3-12,9-21-4-38,17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19,1999, city of Federal
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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Way final wetland inventory report, except vegetated areas meeting the definition of "regulated wetland"
located around the margins of regulated lakes shall be considered regulated wetlands.
Regulated wetlands. See the definition of "regulated wetlands" under the definition of "wetlands."
Relative means persons connected through blood, marriage or other legal relationships by not more
than four degrees or affinity or consanguinity and including persons under legal guardianship.
Required yard means the area adjacent to and interior from a property line or the ordinary high water
mark (OHWM) of a lot, and is the minimum required distance between a structure and a specific line,
such as a property line, edge of private tract, or vehicular access easement that is required to remain free
of structures. If two or more required yards are coincidental, the area will be considered the required yard
with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are
categorized as follows:
(1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a
distance therefrom equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance
therefrom equal to the required rear yard depth.
(3) Ordinary high water line yard. That portion of a lot adjacent to and parallel with the OHWM
and at a distance landward therefrom established in this chapter.
(4) Side. That portion of a lot adjacent to and parallel with each side property line and at a
distance therefrom equal to the required side yard depth. All required yards not otherwise categorized
shall be designated side yards.
Residential use means developments and occupancy in which persons sleep and prepare food, other
than developments used for transient occupancy.
Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6,
RM 2.4, RM 1.8 and comparable zones in other jurisdictions.
Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared
food or beverages and generally for consumption on the premises.
Retail establishment means a commercial enterprise which provides goods and/or services directly to
the consumer, where such goods are available for immediate purchase and removal from the premises by
the purchaser.
Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general
public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale
of such goods. Bulk retail involves a high volume of sales of related and/or unrelated products in a
warehouse setting and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is
differentiated from general retail by any of the following characteristics:
(1) Items for sale include large, categorized products, e.g., lumber, appliances, household
furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may
also include a variety of carry out goods, e.g., groceries, household, and personal care products;
(2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling
warehouse areas, high-rack displays, and/or outdoor storage areas; and
(3) High volume truck traffic, regular pick up and delivery oflarge items, a designated contractor
pick-up area, and high parking-to-building ratios.
Retail sales, general and specialty is differentiated from bulk retail by the size of the building, size of
items purchased and sales volume. General and specialty retail includes the sale of smaller items such as
groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. Typically not
a discount or volume warehouse store. Typical user is the general public.
Retail sales, secondhand merchandise means an individual or establishment that sells secondhand
merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances;
thrift stores; consignment stores; and flea markets. This definition does not include the sale of antiques or
collectibles as defined in this article.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 .
Page 2] of65
Retail shopping center, regional means a series of unified commercial establishments that provide
retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to
a state or federal highway, with shared parking facilities, with a combined gross floor area of at least
500,000 square feet, and with all or some of the stores configured with an inward orientation and
connected with common interior walkway(s).
Right-of-way means land dedicated or conveyed to the public or a unit of government, the primary
purpose of which is the movement of vehicles and/or pedestrians and providing for access to adjacent
parcels, with the secondary purpose of providing space for utility lines and appurtenances and other
devices and facilities benefiting the public.
Right-of-way realignment means the changing of the horizontal position of the improvements in a
right-of-way.
Roojline means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard,
the top of the roof or mansard.
Runoff means the overland or subsurface flow of water.
Schools means institutions oflearning, excluding those offering post-secondary education, offering
instruction in the several branches of learning and study required by the Basic Education Code of the
State of Washington to be taught in public, private and parochial schools, including those disciplines
considered vocational, business-related, or trade in nature.
Self-service storage facilities means a structure or group of structures for the storage of personal
property where individual stalls or lockers are rented out to different tenants for storage.
Shared access points means a common point of vehicle access from a street to more than one lot or
use.
Significant natural ','cgctation means any area containing a concentration of significant trees; any area
of significant biological importance; and any area containing dense, mature, nati'le vegetation.
Significant trccs. ,^. "significant trce" shall be defincd as:
(1) Twclvc inches in diamctcr or 37 inches in circumfcrence measured four and one half feet
above ground; and
(2) In good health; and
(3) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public
open space or right of "'lay, etc. as determined by a licensed arborist or f-orester) or obscuring safe sight
distance requirements. Significant trees shall not include red alder, cottomvood, poplar or big leaf maple.
Silt or sediment means the soil particles mobilized and deposited by the processes of erosion and
deposition.
Single housekeeping unit means an individual or two or more individuals related by not more than
four degrees of affinity or consanguinity and including persons under legal guardianship, or a group of
not more than three persons who are not related by four or fewer degrees of affinity or consanguinity;
provided, however, that any limitation on the number of residents resulting from this definition shall not
be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to
afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing
Amendments Act of 1988, 42 USC 3604(f)(3)(b).
Single-use building means a building which contains one use.
Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.),
foxes, bobcats and similar small wild animals.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 22 of 65
Social service transitional housing means facilities other than offices and group homes as defined in
this chapter, operated by a nonprofit social service agency, licensed as required by the state, providing
temporary and transitional housing to individuals on an as-needed basis including, but not limited to,
emergency shelters, homeless shelters, and other such crisis intervention facilities. This classification
includes domestic violence shelters as defined herein, except that such shelters wherein the total number
of residents does not exceed the maximum number allowed under the "family" definition may be
permitted outright in all residential zones.
(1) Type A: Maximum number of residents to be consistent with the maximum number of
unrelated adults allowed under the zoning definition offamily.
(2) Type B: All social service transitional housing not meeting the definition of "Type A," above.
Maximum number to be determined on a case-by-case basis.
The limitation on the number of residents in social service transitional housing shall not be applied if
it prohibits the city from making reasonable accommodations to disabled persons in order to afford such
persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act
of 1988, 42 USC 3604(f)(3)(b).
Special needs housing means housing not specifically defined by this chapter, and which will be
processed under the classification most closely related to the proposed use, as determined by the director
of community development services.
Spec(fied anatomical areas shall mean the following:
(1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or
female breast below a point immediately above the top of the areola; or
(2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified sexual activities shall mean any of the following:
(1) Human genitals in a state of sexual stimulation or arousal;
(2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or
(3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts,
whether or not clothed, of oneself or of one person by another; or
(4) Excretory functions as part of or in connection with any of the activities set forth in this
definition.
State Environmental Policy Act means Chapter 43.21 C RCW.
Storm drainage means the movement of water, due to precipitation, either surficially or
subsurficially.
Story means the area of a structure between the floor and the horizontal supporting members of the
ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area
between that floor and the ceiling directly above is not a story.
Stream means a course or route, formed by nature, including those which have been modified by
humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its
length, along which surface waters naturally and normally flow in draining from higher to lower
elevations. A stream need not contain water year-round. In a developing setting, streams may run in
culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is
not meant to include irrigation ditches, stormwater facilities or other artificial watercourses unless they
are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural
streams which existed prior to construction of the watercourse.
Street means both of the following:
(1) A public right-of-way.
(2) A vehicular access easement or tract.
Street providing direct vehicle access means the street from which a vehicle can enter the subject
property without traversing another street or piece of property. In the case of a multiuse complex, the
street providing direct vehicular access is the exterior street that borders the complex and not an internal
street surrounded by the complex.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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Structural alteration means any change in the supporting member of a building or structure.
Structure means anything which is built or constructed, an edifice or building of any kind or any
piece of work artificially built up or composed of parts joined together in some definite manner.
Structured parking means parking provided on more than one level and within a structure, either
above- or below-grade. Structured parking shall not include a surface parking lot.
Subject property means the entire lot or parcel, or series of lots or parcels, on which a development,
activity or use is or will locate or on which any activity or condition regulated by or subject to this chapter
is or will occur or take place.
Support structure means any built structure, including any guy wires and anchors, to which an
antenna and other necessary associated hardware is mounted. Support structures may include the
following:
(1) Lattice tower. A support structure which consists of a network of crossed metal braces,
forming a tower which is usually triangular or square in cross-section.
(2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect
by the use of guy wires and anchors.
(3) Monopole. A support structure which consists of a single steel or wood pole sunk into the
ground and/or attached to a concrete pad.
(4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with
certain conditions.
Temporary personal wireless service facility means a personal wireless service facility which is to be
placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a
permanent foundation.
Tenant improvement means any work, improvement or remodeling completely within the interior of a
building necessary to meet the varied requirements of continuing or succeeding tenants.
Threshold determination means the decision by the responsible official (the community development
services director) whether or not an environmental impact statement (EIS) is required for projects that are
not categorically exempt under the State Environmental Policy Act (SEP A).
Topping means a pruning cut to the main stem of a mature tree. Such cuts can result in serious decay
and/or forcing out growth of weakly attached upright sprouts below the cut. Topping also results in
permanent alteration of tree architecture. For purposes of this chapter, topping shall be treated the same as
tree removal.
Topsoil means the uppermost strata of soil containing a large percentage of organic materials and
which is capable of providing suitable nourishment for vegetation.
Townhouse means a type of attached multifamily dwelling in a row of at least two such units in which
each unit has its own front and rear access to the outside, no unit is located over another unit, and each
unit is separated from any other unit by one or more vertical common fire-resistant walls. See definition
of "dwelling unit, townhouse."
Trade school means a post-secondary institution that trains persons for qualification in specific trades
or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics
repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending.
Traffic control devices means signs, signals, stripes and other mechanical or graphic items which
control the flow, direction or speed of vehicular and pedestrian traffic.
Tree means any self-supporting perennial woody plant characterized by one main stem or trunk of at
least six inches in diameter measured four and one-half feet above ground, or a multi-stemmed trunk
system with a definite crown, maturing at a height of a least 20 feet above ground level.
Trees-Deciduous means trees that shed or lose their foliage at the end of the growing season.
Trees-Evergreen means trees that retain their leaves for more than one growing season.
Tree unit is a measurement to give value to the number of trees retained on a site. Table 22-XXI8.2
assigns tree unit credits based upon the size of the existing or newly planted trees. For new trees, tree
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 24 of 65
units vary depending on the size that the trees will reach at maturity (smaller size at maturity, fewer tree
unit credits).
Use means the nature of the activities taking place on private property or within structures thereon.
Each separate listing under the "Use" column in FWCC 22-596 through 22-906 is a separate use.
Vehicle service station means a commercial use supplying petroleum products that are for immediate
use in a vehicle.
Vehicle storage area means an outside area which is used for the storage and/or display of operational
vehicles.
Vehicular access easement or tract means privately owned land used and legally committed, through
easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to
properties other than the property within the tract or easement. It may also provide space for utility lines
and appurtenances and other devices and facilities benefiting nearby properties or the public. See
definition of "ingress/egress and utilities easement."
Waterward means toward the body of water.
Well means a hole or shaft sunk into the earth to tap an underground supply of water.
Wel(field means an area containing two or more wells with overlapping zones of contribution that
supply a public water system.
Wellhead means the top of the shaft of a well or similar water extraction facility from which potable
water is extracted.
Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well.
Capture zones are usually defined according to the time that it takes for water within a particular zone to
travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of
assumptions required to conduct the calculation.
Wellhead protection area (WHPA) means the surface and subsurface area surrounding a well or
wellfield that supplies a public water system through which contaminants are likely to pass and eventually
reach the water well(s) as designated under the Federal Clean Water Act.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency
and duration sufficient to support, and that under normal circumstances do support, a prevalence of
vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas.
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of
Ecology publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999, or
as subsequently amended, will be used for identification and delineation of wetlands within the city.
Although a site-specific wetland may not meet the criteria described above, it will be considered a
regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated wetlands means:
(1) Those wetlands, as described below, which fall into one or more of the following categories:
a. Category I wetlands meet one of the following criteria:
1. Contain the presence of species or documented habitat recognized by state or federal
agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable
ecological functions, or exceptional local significance including but not limited to estuarine systems, peat
bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique
educational sites; or
3. Have three or more wetland classes, one of which is open water.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the
characteristics of Category I wetlands, and meet one of the following criteria:
1. Are contiguous with water bodies or tributaries to water bodies which under normal
circumstances contain or support a fish population, including streams where flow is intermittent; or
2. Are greater than one acre in size in its entirety; or
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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3. Are less than or equal to one acre in size in its entirety and have two or more wetland
classes, with neither class dominated by non-native invasive species.
c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those
characteristics of Category I or II wetlands.
(2) See definition of "regulated lakes."
Wholesale trade means a commercial establishment which sells to retail establishments.
Zero lot line means the location of a building in such a manner that one or more of the building's
sides rest directly on a lot line.
Zones mean use zones as described in FWCC 22-596 through 22-906.
Zoning map means the series of maps adopted by the city, and designated the official zoning map of
the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90-43,
* 2(3.10), 2-27-90; Ord. No. 90-51, ** 1,2,3-27-90; Ord. No. 91-87, ** 2 -4, 2-5-91; Ord. No. 91-92, * 4, 4-16-91;
Ord. No. 91-100, * 4, 6-4-91; Ord. No. 91-105, * 3, 8-20-91; Ord. No. 91-113, * 3, 12-3-91; Ord. No. 94-223 *
3(A), 10-18-94; Ord. No. 95-245, * 3(A), 11-21-95; Ord. No. 96-269, * 3, 6-18-96; Ord. No. 96-270, * 3(A), 7-2-96;
Ord. No. 97-295, * 3, 5-20-97; Ord. No. 97-291, * 3,4-1-97; Ord. No. 97-296, * 3,6-17-97; Ord. No. 97-300, * 3,
9-16-97; Ord. No. 97-307, * 3, 12-16-97; Ord. No. 99-337, * 2, 3-2-99; Ord. No. 99-347, * 3, 8-3-99; Ord. No. 99-
348, * 2,9-7-99; Ord. No. 99-353, * 3,11-16-99; Ord. No. 99-357, * 3,12-7-99; Ord. No. 00-363, * 2,1-4-00; Ord.
No. 01-385, * 3,4-3-01; Ord. No. 02-424, * 3,9-17-02; Ord. No. 03-443, * 3, 5-20-03; Ord. No. 04-457, * 3,2-3-
04; Ord. No. 04-468, * 3, 11-16-04; Ord. No. 05-506, * 3, 10-18-05; Ord. No. 06-515, * 3,2-7-06; Ord. No. 06-533,
* 5(Exh. A), 9-19-06; Ord. No. 07-545, * 3(Exh. A), 1-2-07; Ord. No. 07-554, * 5(Exh. A(3)), 5-15-07; Ord. No.
07-559, * 3(Exh. A), 7-3-07)
22-33 Development application submittal requirements.
(a) Generally. All projects which require a determination to be made as to whether a complete
application has been submitted must at the minimum provide the information contained within this
section. The submittal requirements are not intended to determine if an application conforms to city of
Federal Way codes. They are used only to determine if all required materials have been submitted. A
code-related review will occur after a complete application has been submitted.
(b) Contents. The following comprise the contents of a complete application for the purposes of this
section:
(1) Master land use application.
(2) Application fees as set out in the adopted fee ordinance.
(3) Copy of underlying plat or King County assessor's parcel map.
(4) Statement of architectural design intent, finish materials, and colors sufficient to meet the
intent of Article XIX, Community Design Guidelines.
(5) Vicinity map.
(6) Current letters of water and sewer availability (only required for vacant property).
(7) Two copies of current title report for subject property.
(8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic
survey, site plan, preliminary drainage and grading plan pursuant to FWCC 22-XXX4, preliminary tree/
vegetation retention plan pursuant to FWCC 22-XXX4; preliminary landscape plan, and building
elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by-
36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed
requirements for the contents of each of these plans is available at the department of community
development services.
a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet
and allow all information to be readable. All plans except building elevation drawings must be at the same
scale.
b. Design drawings for building permits, including civil drawings, must be at an engineering
scale of one inch represents 20 feet.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 26 of 65
c. If the development proposal has a value of $75,000 or greater, the site survey, site plan,
preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a
certified professional licensed in the state of Washington. The survey shall be prepared by a certified land
surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified
architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a
Washington State licensed landscape architect.
(9) Site photographs from each compass point (north, east, south, and west) must be referenced
on the site plan.
(10) Eight copies of the completed, signed, and dated SEP A checklist.
(11) List of addresses of all property owners within 300 feet of the boundary of the proposed
project (please refer to the city's bulletin titled "Proeedures for Obtaining Mailing Labels").
(12) Stamped envelopes addressed to all property owners within 300 feet of the boundary of the
proposed project, with return address of the City of Federal Way, Department of Community
Development Services, 33530 First 'Va)' South, Federal Way, W,^. 98003 (please refer to specific process,
whether process III, IV, or V for the number of sets of envelopes to be provided).
(13) Four copies of each special study that may be required (please contact the department of
community development services to determine which studies are required for a specific project). Below
are special studies that may be necessary with the site plan application. If special studies are required,
please provide four copies.
a. Level one downstream storm drainage analysis as described in the 1990 King County
Surface Water Design Manual (KCSWDM) as amended by Federal Way.
b. Detailed narrative on the relevance of the core and special requirements of the 1990
KCSWDM.
c. Traffic impact analysis.
d. Parking study.
e. Soil study.
f. Geotechnical study.
g. Wetland delineation and/or wetland mitigation plan.
h. Stream delineation.
i. Significant tree im.entory and retention plan.
(14) Any additional information or material that the director of community development services
determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, * 3, 4-1-97)
Article XIII, Division 1, Supplementary District Regulations
22 962 Planting requirements far eertain trees.
(a) The following types of trees may not be planted closer than the listed minimum planting distance
to rights of '.'lay or sewers:
+rees Minimum Planting Distancc
fB '^'ilathus altisinia (Trcc of Heaven) W
R1 GataIpa w
~ Cottonwood 4Q.!
~ Juglamus nigra (Black Walnut) W
W Platanus (Plane, Sycamore) 4Q.!
f61 Populus (Poplars) 4Q.!
fB Salix (Willows) W
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 27 of 65
~;:::~ ~O$WOO.)
(9j Ulmus (Elm)
IMi....... P':t Di_'"1
(b) In addition to any other enforcement mechanism or penalty contained within or authorized by this
chapter, any person violating this provision is responsible for any damage caused by the tree or trees.
(Ord. No. 90 13, * 2(115.110),2 27 90)
Article XIII, Division 7. [FWRC Chapter 19.120J LaRd ModifieatioRs Clearin2. Gradin2. and
Tree and Ve2etation Retention
22 1091 Ceaeral provisioas,
(a) General. The applicant shall comply '.vith this section with respect to all land slH'faee
modifications. The requirements of Chapter 22 FWCC, j\.rticle XIV, Critical :\reas, shall govern for fill
occurring in critical aquifer recharge areas and 'Nellhead protection areas.
(b) Nature of fill materials. .^.ll materials used as fill must be nondissolving and nondeeomposing. Fill
materials must not contain organic or inorganic material that 'Nould be detrimental to 'l/ater quality or
existing habitat or create any other significant adverse impacts to the environment. (On:l. No. 90 43, ~
2(115.75(1), (2)), 22790; Ord. No. 9077, * 3(115.75(1), (2)),12 11 90; Ord. No. 01 168, * 3, 11 1601)
22 1092 Roads,
The city may require the following bonds for any land surface modification approved by or under this
division:
(1) .^. performance bond to guarantee that the land surface modification will conform to city
standards and requirements.
(2).^. maintenance bond for the stability of the work and the preservation of vegetation. (Ord. No.
9013, * 2(115.75(5)),22790; Ord. No. 9077, * 3(115.75(5)), 12 11 90; Ord. No. 01168, ~ 3, 11 1601)
22 1093 Permitted outright.
.^. land surface modification is permitted only if it:
(1) Has been appro'led as part of a valid development permit (except grading pennits issued
under chapter 70 of the city's building code), subdivision, or substantial development permit;
(2) Is for cemetery graves;
(3) Is in a right of way and authorized in '.vriting by the director of the department of public
~
,
(1) Is for mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate
or clay where a permit has been issued by the state department of natural resources;
(5) Is for exploratory excavations under the direetion of a professional engineer licensed in the
state; provided, that the extent of the land surface modification does not exceed the minimum necessary to
obtain the desired information;
(6) Is fDr normal maintenance and repair of the facilities of a eommon carrier by rail in interstate
commerce within its existing right of way;
(7) Is fDr excavations for utility service connections to serve existing and/or new structures and is
outside any area that is within the jurisdiction ofF'NCC 22 1221 et seq.;
(8) Is for actions which must be undertaken immediately, or v/ithin a time too short to allow for
compliance with the permit requirements ofF'NCC 22 1094, to a'.'oid an imminent th1eat to public health
or safety; to prcvent an imminent danger to public or private property; or to prevent an imminent th1eat of
serious en'/ironmental degradation. This determination will be made by the director of community
development;
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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(9) Is for the remo','al of overhanging 'Il:lgetation and fire hazards or for removal of blackberry
','ines or dead, dangerous or diseased trees when authorized by the building official;
(10) Is for placcment of fill on land o"mcd or controlled by the city;
(11) Is an integral part of an ongoing agricultural or horticultural use on the subject property;
(12) Is conducted on property which contains a detached dV/elling unit and which, because of the
size of the property or the location of the d\velling unit, cannot be further subdivided or divided; or
(13) Complies with all of the follov,ing criteria:
a. The subject property contains a permanent building or an active use.
b. The land surface modification will not change the points where the storm-v later or
ground'vVater enters or exits the subject property; and will not change the quality, quantity, or velocity of
stormwater or groundwater.
c. The land surface modification is outside any area that is \yithin the jurisdiction of FWCC
22 1221 et seq.
d. In anyone year period, not more than 100 cubic yards of fill material is deposited on,
excavated and removed from or moved from place to place on the subject property. If the subject property
is larger than one acre, the limit is 100 cubic yards within each acre.
c. No trees defined as significant trees will be remoyed and no vegetation will be removed if
that ','egetation was required to be retained by or through any development permit issued under this
chapter or any prior zoning code.
f. If the subj ect property is two acres or larger and has 20 percent or more of its area covered
with native vegetation, the land surface modification will not remove more than 20 percent of that native
vegctation. The limitations of this subsection apply to all land surface modification on the subject
property over time.
g. The land surface modification will not result in more than a tV/O foot increase or one foot
decrease in the average elevation of the subject property, computed using the elevation of the midpoint of
each property line. (Ord. No. 90 13, ~ 2 (115.75(3)),22790; Ord. No. 90 77, ~ 3 (115.75(3)), 12 11 90; Ord. No.
01168, * 3, 11 1601)
22 1094 Diseretiooary approval.
(a) Generally. ;\ land surface modification that does not meet the requirements of FWCC 22 1093
may be approved tm-ough process III.
(b) Required inf{)fmation. In addition to the application material required in process III, F\VCC 22
386 et seq., the applicant must submit the following:
(1) "A. recent survey of the subj ect property.
(2) "A. map showing the limits of the proposed land surface modification; the location of utilities,
casements, right of way improvements and any area regulated under F'HCC 22 1221 et seq. that is on or
within 100 feet of any area to be disturbed by the proposed land surface modification.
(3) "A. tree retention plan.
(4) }J1 erosion control/construction phase storm-water control plan.
(5) "^. soils report ""hich contains sufficient information to determine the potential impacts of the
proposed land surface modification, as ..,'ell as proposed measures to reduce or eliminate these impacts,
all as determined by the city.
(c) Decisional criteria. The city may appro','e the proposed land surface modification if it complies
with the following criteria:
(1) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes,
wetlands or significant trees, either on or off the subject property.
(2) It 'vvill not 'Iiolate any express policy of the city.
(3) It meets at least one of the following criteria:
a. It is necessary to correct an erosion or drainage problem on an undeveloped site.
b. It is necessary to create new utility or access corridors.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 29 of 65
c. Other unusual circumstances exist which make it reasonable to permit land surface
modification in advance of the issuance of a development pennit, subdivision or short subdivision
appro'lal or shoreline substantial development permit. (Ord. No. 90 13, ~ 2(115.75(1)),22790; Ord. 1'10.90
77, ~ 3(115.75(1)), 12 11 90; Ord. No. 00 375, ~ 23,2000; Ord. No. 01 168, ~ 3, 11 16 01)
22 1995 Tree and plant restoration.
If, during the land surface modification, any tree required to be retained or planted is damaged or
destroyed, the applicant shall plant a tree of the same species at least fi'le inches in diameter, as measured
six inches about the top of the root ball if deciduous and at least 17 feet high if coniferous, in the
immediate vicinity of the damaged or destroyed tree. The city may require the applicant to remoye the
damaged or destroyed tree. In addition, if the land surface modification destroys groundcover or
sh.llbber/, the applicant shall hydroseed the bare soil and plant sh.-ubs at least 21 inches in height in the
immediate vicinity of the damaged or destroyed vegetation. (Ord. No. 90 13, ~ 2(115.75(5)),227 90; Ord.
1'10.90 77, ~ 3(115.75(5)), 12 11 90; Onl. No. 01 168, ~ 3, 11 1601)
Division 1. Purpose. Applicability. and Application Reauirements
22-XXXl Purpose.
The purpose of this Article is:
(1) To promote the public health, safety, and welfare of the citizens of Federal Way without
preventing the reasonable development of land.
(2) To promote building and site planning practices that are consistent with natural topography, soils,
and vegetative features, and minimize disturbance to vegetation and soils.
(3) To preserve and enhance the city of Federal Way's physical and aesthetic character by preventing
untimely and indiscriminate removal or destruction of trees and vegetation and preserving important
landscape characteristics that define aesthetic character, such as trees, important vegetation species, and
unique landforms or other natural features to the maximum extent possible.
(4) To establish and maintain the urban tree canopy and its benefits including:
i. Moderating the effects of wind and temperature;
ii. Minimizing the impacts of impervious surfaces;
iii. Stabilizing and enriching the soil; .
iv. Improving air quality;
v. Improving water quality;
vi. Masking unwanted sound;
vii. Providing visual relief and screening buffers;
viii. Providing recreational benefits;
ix. Enhancing the economic value of developments; and
x. Preserving and enhancing a valuable asset to the community as a whole.
(5) To encourage site development, including clearing, excavation, and filling, in such a manner as to
minimize hazards to life, health, and property.
(6) To minimize surface water and ground water run-off and diversion which may contribute to
increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies.
(7) To minimize the need for additional storm drainage facilities.
(8) To protect fish, wildlife, and their habitats by promoting the retention and restoration of
vegetation in habitat areas.
(9) To insure prompt development, restoration, replanting, and effective erosion control of property
after land clearing and grading.
22-XXX2 Applicabilitv.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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(a) This article shall not apply to development proposals that submitted a complete application prior
to the effective date of Ordinance 09-XXX.
(b) Clearing and Grading Plan Approval Required. No person, shall remove any trees, make changes
or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration
in the city of Federal Way without first obtaining approval of a clearing and grading plan by the director;
except for those activities that are exempt as described in FWCC 22-XXX3.
(c) Tree and Vegetation Retention Plan Approval Required. No person shall remove any trees on a
site without first obtaining approval of a tree retention plan by the director: except for those activities that
are exempt as described in FWCC 22-XXX3.
(d) Application Review Process
(1 ) Activities requiring clearing and grading plan approval: tree and vegetation retention plan
approval: and/or Class N-General forest practices application shall be reviewed and approved in
conjunction with the underlying building or land development permit application associated with the
proposed activity(ies).
(2) Proposed clearing, grading, and/or tree and vegetation removal activities that are not
associated with a proposed building or land development activity, nor exempt per FWCC 22-XXX3, may
be approved through Process III, subject to the following criteria:
(i) Except as allowed under this chapter, it will not alter or adversely affect streams, lakes,
wetlands, or geologically hazardous areas, either on or off the subject property.
(ii) It will not violate any express policy of the city.
(iii) It meets at least one of the following criteria:
a. It is necessary to correct an erosion or drainage problem on an undeveloped site.
b. It is necessary to create new utility or access corridors.
c. Other unusual circumstances exist which make it reasonable to permit clearing, grading,
and/or tree and vegetation removal in advance of the issuance of a development permit. subdivision, or
short subdivision approval, or shoreline substantial development permit.
22-XXX3 Exemptions.
Nothing in this section shall be interpreted to allow clearing, grading, and/or the removal of trees or
other vegetation within sensitive areas or sensitive area buffers where prohibited under FWCC Chapter
22, Article XIV, Critical Areas, or in designated native growth protection areas. The following actions
shall be exempt from the provisions of this article:
(1) Digging and filling for cemetery graves.
(2) Clearing and grading in a right-of-way authorized in writing by the director of the department
of public works for pothole and square cut patching: overlaying existing asphalt or concrete pavement
with asphalt or concrete without expanding the area of coverage: shoulder grading: reshaping/regrading
drainage systems: crack sealing: resurfacing with in-kind material without expanding the road prism: and
vegetation maintenance.
(3) Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate, or
clay where a permit has been issued by the state department of natural resources.
(4) Exploratory excavations under the direction of a professional engineer licensed in the state:
provided that the extent of the clearing and grading does not exceed the minimum necessary to obtain the
desired information.
(5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate
commerce within its existing right-of-way.
(6) Excavations for utility service connections to serve existing and/or new structures and that is
outside any area that is within the jurisdiction of FWCC 22-1221 et seq.
(7) Actions which must be undertaken immediately, or within a time too short to allow for
compliance with the requirements of this article, to avoid an imminent threat to public health or safety: to
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 3] of 65
prevent an imminent danger to public or private property; or to prevent an imminent threat of serious
environmental degradation. This determination will be made by the director.
(8) Clearing and grading actions that are an integral part of an ongoing agricultural or
horticultural use on the subiect property.
(9) Tree and vegetation removal actions conducted on a residential lot that contains a detached
dwelling unit together with any contiguous lots under the same ownership that are being maintained for
the use and enioyment of the homeowner that comply with the following criteria:
a. Any trees or vegetation removed must be outside any area that is within the iurisdiction
ofFWCC 22-1221 et seq.
b. No trees or vegetation will be removed if that vegetation was required to be retained by
or through any development permit issued under this chapter or any prior zoning code.
c. Tree and vegetation removal will not change the points where the stormwater or
groundwater enters or exits the subiect property and will not change the quality, or velocity of stormwater
or groundwater.
d. Trees with a diameter at breast height (dbh) of up to six inches and vegetation may be
removed without city review and approval if criteria a-c contained in this section are met.
e. Trees with a dbh of six inches or greater may be removed subiect to the minimum tree
units per acre standard established by Table 22-XXI8.1 and subiect to criteria a-c of this section.
f. Removal of trees with a dbh of six inches or greater that will result in the subiect property
falling below the minimum tree units per acre standard per Table 22-XXI8.1 shall require planting of
replacement trees as necessary to meet the minimum tree units per acre standard, or the existing tree units
per acre represented by the trees proposed for removal, whichever is less.
g. Hazard trees and nuisance vegetation may be removed without city review and approval
if criteria a-c contained in this section are met.
(10) Clearing and grading actions that comply with all ofthe following criteria:
a. The subiect property contains a permanent building or an active use.
b. The clearing or grading activity will not change the points where the stormwater or
groundwater enters or exits the subiect property, and will not change the quality or velocity of stormwater
or groundwater.
c. The clearing or grading activity is outside any area that is within the iurisdiction of
FWCC 22-1221 et seq.
d. Grading, filling, and excavation totals less than 100 cubic yards. Quantities of excavation
and fill are calculated separately and then added together to determine total excavation and fill.
e. No trees or vegetation will be removed if that vegetation was required to be retained by
or through any development permit issued under this chapter or any prior zoning code.
(11) Routine maintenance of trees and vegetation necessary to maintain the health of cultivated
plants. Topping of trees as defined in FWCC 22-1 is considered tree removal, not maintenance.
(12) Removal of overhanging vegetation and fire hazards, or removal of invasive species, hazard
trees, nuisance vegetation, or dead, dangerous, or diseased trees when authorized by the director or his/her
designee.
(13) Removal of trees in easements and rights-of-way for the purposes of constructing public
streets and utilities. Protection of trees shall be a maior factor in the location, design, construction, and
maintenance of streets and utilities. These activities are subiect to the purpose and intent of this division.
(14) Removal of trees on sites zoned City Center-Core (CC-C) and City Center Frame (CC-F).
22-XXX4 Application requirements.
(a) In addition to the requirements ofFWCC 22-33, a clearing and grading plan shall be submitted
and include the following information:
(1) Name of person preparing the map, drawing or diagram submitted with the application, along
with credentials if applicable.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 32 of 65
(2) Identification of existing slope depicting: areas with 0% to 15% slope; areas with 15% to 40%
slope; and areas of 40% or greater slope.
(3) Proposed grades.
(4) Location of all existing and/or proposed structures, driveways, right-of-way improvements,
utilities, and easements on the subiect property.
(5) Designation of all wetlands, streams, and other critical areas regulated under FWCC 22-1221
et seq. that is on or within 200 feet of any area to be disturbed by the proposed clearing and/or grading
action.
(6) Areas proposed for clearing and the proposed use for such areas.
(7) Any proposed grade changes that might adversely affect or endanger trees on the property
and/or adiacent properties, and specifications to maintain them.
(8) A minimum of two cross sections of the site, drawn to scale, depicting the existing and
proposed grade and any proposed rockeries and/or retaining walls. The director may also require a three-
dimensional topographic model of existing and proposed topographic conditions.
(9) Location and description of proposed erosion-control devices and structures.
(10) A geotechnical report, prepared by a geotechnical engineer, when required by the director
and/or per critical area ordinance provisions for qualified professional reports that contains sufficient
information to determine the potential impacts of the proposed clearing and grading, as well as proposed
measures to reduce or eliminate these impacts, as may be required by the citv.
(b) When a tree/vegetation retention plan in accordance with this article is required, it shall be
incorporated into the clearing and grading drawings and shall become part of all construction
documentation. The tree/vegetation plan must be prepared by a certified arborist or a certified landscape
architect and include the following information:
(1) A statement outlining the purpose of any proposed tree removal (e.g. building construction,
street or roadway, driveway, recreation area, patio, or parking lot), together with a proposed timetable for
when the work will occur.
(2) A tree survev that identifies the location, approximate size, species, and number of trees on
the site and also identifies the general location of trees within 50 feet of the site. For heavily forested
sites, the director may allow a tree survey sample to be submitted that may be applied to the forested
portions of a site in order to satisfy the tree survey requirement.
(3) A depiction of the spatial limits for tree/vegetation retention areas and details of tree/
vegetation protection measures.
(4) A depiction of any new vegetated areas to be established.
(5) The manner in which the cleared areas on the property will be reclaimed with vegetation,
specification of any required mitigation plantings, and a timetable for replanting.
22-XXX5 Modifications,
(a) Purpose. The'purpose of this section is to provide a process for requesting modification from the
general standards specified in this article. The director shall have the authority, consistent with the criteria
provided herein, to modify specific requirements, or impose additional requirements in unique or special
circumstances to assure the fulfillment of the stated purposes of this article. The applicant must
demonstrate one or more of the following in order to obtain approval of a modification request:
(1) There are no feasible and reasonable alternatives to the clearing, grading or tree/vegetation
removal activity being proposed;
(2) The proposed modification will result in the same or less impaCts than meeting the standards:
(3) The proposed modification will meet or exceed the intent ofthis article.
(3) Meeting the standards would create an unacceptable risk to health or safety.
(b) Modification submittal requirements. A request for modification shall:
Exhibit A ~ Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 33 of 65
(1) Be submitted in the same form and according to the same terms as the required clearing and
grading and/or tree and vegetation retention plan documents of this article and subiect to the same
enforcement requirements;
(2) Be clearly labeled as "Clearing and Grading, and/or Tree and Vegetation Retention
Modification Plan"; and
(3) Clearly delineate and identify the deviations requested from the provisions ofthis article.
22-XXX6 Review and approval of clearine. eradine. and tree/veeetation retention plans.
(a) Review of plans required under this article shall be conducted as follows:
(1) Where clearing and grading plans and/or tree and vegetation retention plans are required, the
plans and/or application shall be reviewed by the departments of public works and community
development services.
(2) Where the city determines that clearing and grading plans and/or tree and vegetation retention
plans shall also be reviewed by the city's consultant(s), the applicant shall cover the cost of the third party
reVIew.
(3) Where proiect sites contain or are adjacent to electrical substations, utility rights-of-way
and/or easements, the applicant must also obtain written comment from the appropriate utility
representative( s) for any required clearing, grading, or tree/vegetation retention plans.
(b) Approval and Notice to Proceed shall be required prior to undertaking any clearing, grading,
and/or tree and vegetation removal actions pursuant to the requirements of this section. Approval and
Notice to Proceed shall not be issued until the applicant can demonstrate readiness to proceed with the
site development work and the ability to complete such work in a timely manner. The following will be
considered in determining readiness:
(1) The applicant shall have received engineering plan approval for erosion control and
construction of required on-site infrastructure including, roadways and stormwater facilities as allowed by
the public works director, and;
(2) The applicant shall have received approval of a proposed project timeline that demonstrates
how site development work and revegetation of the site shall be completed per approved revegetation and
landscaping plans within 12 months of commencement of site work.
(3) Projects that will not be completed within 12 months of initial clearing, grading, and tree/
vegetation removal activity shall be required to submit plans for interim aesthetic treatment of the site in
its cleared and non-developed state that shall be subject to review under section (a) of this section.
Methods for addressing site aesthetics in cases where a project will not be completed within a 12 month
period shall include:
(i). Phased clearing, grading, and tree/vegetation removal in conjunction with phased site
development as follows:
a. Phased clearing, grading, and tree/vegetation removal shall be considered for all
projects that will not be completed within 12 months of, and up to 5 years from, commencement of
clearing, grading and tree/vegetation removal activity.
b. Phased clearing, grading and tree/vegetation removal shall be required for all
projects that will not be completed within five years of commencement of clearing, grading and tree/
vegetation removal activity.
(iii). Installation of permanent vegetation per approved plans in cases where vegetation can
become established and will not be harmed during completion of site work and building construction.
(iv) Temporary revegetation and/or vegetation retention per an approved plan that provides
visual screening of the site from neighboring properties and rights-of way.
(c) Approval of plans under this article shall be binding upon the applicant. Any proposed changes to
approved clearing, grading, and/or tree and vegetation retention plans shall be resubmitted for review and
approval subject to the applicable review process(es) associated with the permit(s) required.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 34 of 65
Division 2. Clearin2 and Gradin2 Re2ulations
22-XXX8 General provisions.
(a) General. The applicant shall comply with this section with respect to all clearing and grading
actions. The requirements of FWCC Chapter 22, Article XIV, Critical Areas, shall govern for proposed
clearing and grading actions occurring in all critical areas.
(b) Nature of fill materials. All materials used as structural fill must be nondissolving and
nondecomposing. Fill materials must not contain organic or inorganic material that would be detrimental
to water quality or existing habitat, or create any other significant adverse impacts to the environment.
22-XXX9 Clearin2 and 2radin2 and land disturbance limits.
(a) Clearing and grading activities for developments shall be permitted in coniunction with an
approved site development plan (e.g. subdivision approval, site plan approval, etc.) that establishes
permitted areas of clearing, grading, cutting, and filling. Permitted clearing and grading areas should
minimize removal of existing trees and minimize the disturbance or compaction of native soils, except as
needed for building purposes. Permitted clearing and grading areas and any other areas required to
preserve critical or sensitive areas, buffers, native growth protection easements, or required tree retention
areas shall be delineated on the site plans.
(b) Prior to beginning clearing and grading activities, all clearing limits, sensitive areas and their
buffers, and trees and vegetation that are to be preserved within and adiacent to the construction area shall
be clearly marked, and protected per FWCC 22-XX21, to prevent damage.
22-XXIO Aesthetics.
(1 ) All natural vegetation shall be retained on the site except that which may be removed as
shown on approved engineering plans.
(2) Clearing and grading shall minimize impacts to adiacent properties, and clearing, grading, and
vegetation retention plans shall include protection measures for existing vegetation located on adiacent
properties.
(3) If development is to be phased, clearing and grading shall also be phased unless an alternative
plan for interim aesthetic treatment of the development site has been approved under FWCC 22-
XX6(b )(3).
(4) Roads should follow existing contours in order to minimize grading.
(5) Development on sites with areas of slopes of 15% or greater shall comply with FWCC 22-
XX 16, Development of sites with slopes of 15% or greater, in order to minimize grading and use of
rockeries and retaining walls. Slopes are to be measured in their natural state.
22-XX15 Cut and fill slopes.
Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In
addition, slopes shall be stabilized in accordance with the requirements of this section. The applicant
shall:
(a)Limit the maximum gradient of artificial slopes to no steeper than 33% or 3: 1 [three (3) feet of
horizontal run to one (1) foot of vertical falll except that:
(i) slopes for roadways may be constructed at a maximum slope of 2:1 ftwo (2) feet of
horizontal run to one (1) foot of vertical falll upon approval of the director and
(ii) slopes that do not exceed 6 feet in height may be constructed at a maximum slope of
2:1 [two (2) feet of horizontal run to one (1) foot of vertical falll-
(b) Cut and fill slopes shall be designed and constructed in a manner consistent with the
applicable requirements of the King County Surface Water Design Manual as amended by the City of
Federal Wav and FWCC Chapter 21, Surface and StormwaterManagement.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 35 of 65
22-XX16 Clearin!! and !!radin!! standards for sites with slopes of 15% or !!reater.
(a) The provisions of this section shall apply to development in areas with slopes of 15% or greater
and with a vertical relief of 6 or more feet and a vertical rise of 6 feet or more for every 40 feet of
horizontal distance. The provisions of this section are intended to specifically promote the following:
(1) Undertake development in a manner that will protect life and property from hazards due to
slope, unstable and erodible soils, earth movement. and other geologic and hydrologic hazards;
(2) Reduce potential for increased erosion, sedimentation, and surface runoff, and the resulting
adverse impacts on water quality;
(3) Promote a safe means of ingress and egress for vehicular and pedestrian traffic in sloped
areas;
(4) Preserve the visual quality of sloped areas, which are a valuable natural and economic
resource; and
(5) Encourage innovative and imaginative site development techniques to create structures and
site plans that are suited to sloped terrain. For example, tuck-under garages and daylight basements are
encouraged to integrate homes into existing topography and minimize grading (see Figure 22-XX).
(b) Sites containing or within 25 feet of slopes of 40% or greater (steep slope hazard area) and/or sites
with erosion, landslide, and/or seismic hazard areas are also subiect to the requirements of Article XN,
Critical Areas.
(c) These standards do not apply to isolated slope areas that are less than 5,000 square feet in land
area. For purposes of this provision, the entire contiguous area with slopes measuring 15% or greater shall
be included in the minimum size calculation regardless of the number of individual lots or different land
ownerships involved.
(d) Residential land divisions on sites with slopes of 15% or greater are encouraged to implement the
following standards in order to minimize clearing and grading necessary to support development on
individual lots.
(1 ) Lot size averaging may be utilized for residential land divisions on sites that contain areas
with slopes in excess of 15% as well as areas with slopes less than 15% as follows:
(i) More steeply sloped portions of a site shall have larger lots resulting in a reduced
percentage of lot disturbed for construction. In no case shall any lot created with a slope of 15% or greater
be less than the minimum lot size of the underlying zoning district.
(ii) Reduced lot sizes may be allowed within the portions of the site that are less than 15%
slope. Minimum lot size may be reduced to by up to 50% of minimum lot size requirement of the
underlying zoning designation, but in no case less than 5,000 square feet for each single family residential
building lot, and no less than 1800 square feet for each small lot single family or zero lot line townhouse
lot.
(iii) The maximum allowable density of the underlying zoning district shall not be exceeded
for the overall development for which lot size averaging is being applied.
(2) As an alternative to, lot size averaging, cluster development may be employed. pursuant to
FWCC 20-154, in order to limit disturbance of sloped areas of a site. Cluster development should be
employed where this option will result in successful retention of mature tree canopy and native
vegetation.
(e) Grading plans for residential land divisions shall show that each parcel created by the land
division is a suitable building site and show the following on the plan drawings:
(i) Setbacks;
(ii) Driveways;
(iii) Proposed building envelope; and
(iv) Usable rear yard area a minimum of 10 feet deep.
(D Front yard setbacks for single family residential development on lots with a slope of 15% or
greater may be applied in a flexible manner where such application will protect slopes and natural
Exhibit A ~ Propose9 Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 36 of 65
features from development encroachments. However, a minimum front yard setback of 10 feet must be
maintained in all cases, and a minimum 20 foot setback shall apply to garages, unless the garage and
driveway are oriented in such a way as to provide minimum 20 feet length of parking area in front of the
garage within the property boundaries.
22-XX17 Rockeries and retainin2 walls.
(a) When incorporating rockeries and retaining walls into site design, the applicant shall work with
the site topography in order to minimize the need for rockeries and retaining walls. When rockeries and/or
retaining walls are utilized, the following standards shall apply:
(1) For single-family residential lots, rockeries and retaining walls shall be:
(i) A maximum of six feet in height as measured from finished grade at base of wall to top of
wall.
(ii) Composed of brick, rockery, textured or patterned concrete, or other masonry product that
complements the proposed building and site development. Other materials may be used with the approval
of the community development services and public works directors.
(iii) There shall be a minimum setback of one foot for every foot in rockery or retaining wall
height between the rear of a residential building and any rockery or retaining wall, provided that a useable
space equal to the rear yard setback must always be maintained.
(2) For detention/retention ponds, rockeries and retaining walls shall be a maximum of six feet in
height as measured from finished grade at base of wall to top of wall around the detention/retention pond.
(3) For commercial and multifamily lots, rockeries and retaining walls shall be:
(i) A maximum of six feet in height as measured from finished grade at base of wall to top of
wall.
(ii) There shall be a minimum three-foot landscaped setback at the base of each rockery or
retaining wall.
(4) The width of the terrace between any two vertical rockeries and/or retaining walls shall be a
minimum of five horizontal feet to allow for landscaping and maintenance.
(5) Terraces created between rockeries and/ouetaining walls shall be permanently landscaped
and revegetated with Type III landscaping as specified in FWCC 22-1 565(c).
(6) Rockeries and retaining walls shall be set back a minimum of three feet from adjacent public
rights-of-way. The area between the right-of-way and the retaining wall shall be landscaped and
maintained per applicable standards in FWCC Article XVII, Landscaping. If private agreements are
reached with utility companies and written documentation is provided to the city, and a minimum three-
foot wide planting buffer can be established and maintained to screen the wall from view, retaining walls
can be located to the back of the right-of-way as determined by the community development services and
public works directors.
(7) Rockeries and retaining walls visible from a public right-of-way or adjacent property shall be
composed of rock, brick, or other textured/patterned wall styles as approved by the planning and public
works director. Rockeries and retaining walls shall be landscaped in accordance with the applicable
standards in FWCC Article XVII, Landscaping.
Division 3. Tree and Ve2etation Retention Reauirements
22-XX18 Tree and ve2etation retention standards.
(a) Retention required. Existing trees and vegetation in good health, and not considered to be invasive
species, shall be retained on the subject property to the maximum extent possible in all developments as
follows:
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 37 of 65
(1) Site and building development shall take into consideration the location of existing stands of
healthy trees both on site and on adiacent properties. Where safe and feasible, the meandering of streets
and/or sidewalks around existing stands of trees is encouraged.
(2) Minimum Tree Density - New Uses on Vacant or Redeveloping Parcels. The tree density
requirements will be met primarily through the conservation of existing trees. However, in order to
provide for continued flexibility in the design of new development, in those situations where a
development's design would preclude the retention of the required number of trees, the use of
replacement or supplemental tree planting is authorized. The minimum tree density for each land use
designation is specified in Table 22-XX18.1.
(3) Sites with Insufficient Tree Cover. It is recognized that some sites may not contain a sufficient
number of existing trees to meet the tree density standards set forth in Table 22-XXI8-1. In those
situations, additional trees are to be planted as necessary to achieve the minimum tree density
requirements of this section. Modification of the requirements of this subsection ((a)(3)) may be obtained
under 22-XXX5.
(b) Tree density requirements. All regulated activity shall ensure that the following tree densities shall
be achieved and maintained during and after development:
Minimum Tree Density Reauirements for Vacant or Redeyelopinl! Sites
(Table 22-XX18.1)
Land Use Desil!nation Reauired Tree Unit Densityl2
BC, BN, CE, OP, PO 20 tree units/acre
SF Residential zones 25 tree units/acre
RM 1800. RM 2400, RM 3600 30 tree units/acre
(c) Calculation of the total tree units required. The total number of tree units required to be provided
by a regulated activity shall be calculated by multiplying: gross site acreage, minus any proposed public or
private streets and regulated critical areas (excluding buffers) determined by Federal Way to be
undesirable for tree planting (e.g., certain wildlife habitat and wetlands), by the required tree density (in
tree units per acre) set forth in Table 22-XXI8.l. The result of the calculation will be the total number of
tree units required for the activity. If the calculation results in a fractional quantity, it shall be rounded up
to the next higher whole number.
(d) Tree unit credits. The number of tree unit credits given for retaining existing trees, or the planting
of new trees, varies in order to encourage the retention of large existing trees and the planting of
replacement trees that provide greater canopy areas at maturity. Tree unit credits for the retention of
existing trees and the planting of new trees shall be awarded as follows:
Tree Unit Credits (Table 22-XX18.2)
Existinf! Tree Catel!ory Tree Unit Credit
Existing Tree 1" to 6" d.b.h. 1.0 tree units per tree retained
Existing Tree >6" to 12" d.b.h. 1.5 tree units per tree retained
Existing Tree >12" to 18" d.b.h, 2.0 tree units per tree retained
Existing Tree >18" to 24" d.b.h, 2.5 tree units per tree retained
I Trees that are damaged. diseased. are a hazard or nuisance or invasive species shall not be credited towards satisfying the tree
units per acre requirement as noted in Table 22-XX] 8. ]. Provided. at the discretion of the City. damaged or diseased or standing
dead trees may be retained and counted toward the tree requirement. if it is demonstrated that such trees will provide important
wildlife habitat and are not classified as dangerous trees. .
2 Trees located within critical area buffers shall be credited towards satisfying the tree units oer acre requirement as noted in
Table 22-XXI8.1. Critical area buffers shall comply with the requirements set forth in Chapter 20. Article XIV.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 38 of 65
Existing Tree> 24" d.b.h. 3.0 tree units per tree retained
Revlacement Tree Catef!orv
Replacement Tree, Small Canopy Species (Mature canopv area < 450 SF) .50 tree units per tree planted
Replacement Tree, Medium Canopv Species (Mature canopv area 450 to 1250 SF) 1.0 tree units per tree planted
Replacement Tree, Large Canopy Species (Mature canopv area> 1250 SF) 1.5 tree units per tree planted
(e) Tree retention requirements - exvansion of existing uses. Expansion of existing commercial,
industrial, and multi-family properties which do not conform to the tree density requirements ofthis
Chapter shall be subiect to the following tree conservation requirements whenever such expansion would
result in a greater than a 10% or 500 square foot increase in the size of the existing building footprint or
associated impervious areas (parking lots, storage areas, etc.), whichever is less:
(1) A minimum of one tree unit shall be provided for each 500 square feet of building expansion
or new construction; and
(2) A minimum of three tree units shall be provided for each tree unit removed, up to a maximum
of 25 tree units per acre.
(D No clearing, grading, or other approvals for vegetation removal at a site shall be approved until
such time as the city of Federal Way has approved any associated landscaping or tree retention plans.
(g) Tree and vegetation retention areas shall be protected during construction through application of
the standards contained in FWCC 22-XX21, Tree Protection During Construction.
22-XX19 Off-site miti2ation and fees paid in lieu.
Where an applicant cannot provide for the minimum required tree units per acre on-site; off-site
mitigation or a fee-in-lieu payment into the city's urban forestry account may be approved by the director.
(a) Where off-site mitigation is utilized, the remaining balance of required tree units must be
planted at an off-site location approved by the director. Where the site is city-owned property, the public
works and/or parks department must also approve the tree planting. Acceptable off-site locations, in order
of priority, are as follows:
(1) Publicly owned land in the city of Federal Way including but not limited to:
environmentally sensitive areas; regional stormwater facilities; or wildlife corridors. Similar lands owned
by nonprofit entities that are reserved in open space also qualify.
(2) Publicly owned parks or recreational facilities within the city of Federal Way.
(3) Other mitigation or restoration sites managed bv other public entities or private
conservation groups.
(4) Public school sites within the city of Federal Way.
(5) Other sites proposed by the applicant, when it is documented that higher priority sites are
not available or viable.
(b) Where a tree replacement fee is utilized, a tree replacement fee paid into the city's urban
forestry account may be approved by the director. The fee shall be established based on the number of
tree units being satisfied as follows:
(1) Each tree unit shall represent one replacement tree. The fee for each replacement tree
shall cover the cost of a tree, installation (labor and equipment), maintenance for two vears, and fund
administration.
(2) A separate urban forestry account shall be established by the city for fees collected. Tree
replacement fee receipts shall be earmarked specifically for this account and shall be expended only for
the planting of new trees in city-owned parks, open spaces, or rights-of-way.
22.XX20 Replacement tree species and minimum size requirements.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 39 of 65
(a) Where tree replacement is required in order to achieve minimum tree units per acre, the
replacement trees shall consist of a mix of evergreen and deciduous trees, suitable to specific site
conditions.
(b) Replacement tree species shall be selected from a list of approved tree species maintained by the
department of community development services. All species listed are suited to the climate conditions
found in the Pacific Northwest. The list is for guidance only and is not intended to be all-inclusive. Other
tree species may be utilized where appropriate when recommended by a professional forester, certified
arborist. or licensed landscape architect.
(c) Size of replacement trees. Replacement trees shall be evergreen trees a minimum of six feet in
height and deciduous trees with a minimum two inches caliper.
22-XX21 Tree and ve2etation protection durin2 construction.
(a) No clearing shall be allowed on a proposed development site until the tree retention and landscape
plans have been approved by the city of Federal Way.
(b) A no disturbance area shall be established for each tree to be protected. The no disturbance zone
shall be equal to the critical root zone which is defined as 12 inches radius for every one inch of tree
diameter measured at four and one-half feet above ground. Any other no disturbance area proposed by the
applicant shall be determined by a qualified arborist and subiect to review and approval by the director.
(c) The no disturbance zone shall be identified during the construction stage with:
1. A temporary five-foot chain-link fence; and
2. Tree protection signage attached to the fence which reads "TREE PROTECTION FENCE -
No soil disturbance, parking, storage, dumping, or burning of materials is allowed within the Tree
Protection Fence."
(d) No soil disturbance, parking, storage, dumping, burning of materials, impervious surfaces, fill,
excavation, or storage of construction materials shall be permitted within the no disturbance area;
( e) If the grade level around the tree is to be raised by more than one foot, a rock well shall be
constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10
feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells.
(f) The grade level shall not be lowered within the larger of the drip line of the tree( s) or the critical
root zone of the tree(s).
(g) No trenching is allowed in any critical tree root zone areas.
(h) No installation of any impervious surfaces is allowed in critical root zones. Where road or
sidewalk surfaces are needed within critical root zones, unmortared porous pavers or flagstone (rather
than concrete or asphalt) may be used. Boardwalks or bridging may span root zones without harming the
tree roots.
(i) Tree protection areas (i.e. critical root zone) must be prepared to better withstand the stresses of
the construction phase by, if necessary, fertilizing, pruning, and mulching around them well in advance of
beginning any construction activities.
(j) Alternative protection methods may be used if accepted by the director to provide equal or greater
tree protection.
(k) Encroachment into the no disturbance area may be allowed where the director determines
encroachment would not be detrimental to the health of the tree.
22-XX22 City forestry account.
(a) Funding sources. All civil penalties received from enforcement actions under this division and all
money received pursuant to FWCC 22-XX19 shall be used for the purposes set forth in this section. In
addition, the following sources may be used for the purposes set forth in this section:
(1) Sale of trees or wood from city property where the proceeds from such sale have not been
dedicated to another purpose;
(2) Donations and grants for the purposes of the fund; and
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 40 of 65
(3) Other monies designated by the city council.
(b) Funding purposes. The city shall use money received pursuant to this section for the following
purposes:
(1) Acquiring, maintaining, and preserving wooded areas within the city;
(2) Planting and maintaining trees within the city;
(3) Urban forestry education; or
(4) Other purposes relating to trees as determined by the city council.
Division 5. Performance Assurance. Maintenance and Enforcement
22-XX31 Reve2etation.
Development sites shall be revegetated and landscaped as soon as practical after completion of
clearing and grading work, in accordance with a revegetation plan established by a tree retention and/or
landscape plan, approved by the director or his/her designee.
(a) A permanent revegetation plan, utilizing vegetation that is known to have a high natural
survival rate, shall be implemented consistent with city of Federal Way landscaping and tree and
vegetation retention and replacement requirements.
(b) Where permanent revegetation measures are not in place within seven days in the dry season
and two days in the wet season, the applicant shall provide temporary revegetation or stabilization
measures in accordance with the recommendations of the latest edition of ecology's stormwater
management manual for Western Washington, and maintain such measures in good condition until the
permanent revegetation measures are installed and inspected by the city of Federal Way.
(c) Where permanent revegetation measures are not in place within 12 months of completion of
clearing and grading work the applicant shall be required to submit a plan for director approval that
outlines interim measures for revegetation and aesthetic treatment ofthe site per FWCC 22-XXX6(b)(3).
Failure to submit a plan for interim measures as required by FWCC 22-XXX6(b)(3) shall result in the
application of compliance and enforcement measures per FWCC 22-XX36 of this article.
(d) Where permanent revegetation measures are not in place within five years of completion of
clearing and grading work, the applicant shall be required to revegetate the site to meet the minimum tree
density requirements ofFWCC 22-XX18 Tree and vegetation retention requirements. Failure to
revegetate the site per minimum tree density requirements of FWCC 22-XX18 shall result in the
application of compliance and enforcement measures per FWCC 22-XX36 of this article.
22-XX32 Maintenance.
(a) All required replacement trees and relocated trees shown on an approved tree retention plan shall
be maintained in healthy condition by the property owner throughout the life of the proiect, unless
otherwise approved by the director in a subsequent tree retention plan.
(b) Cutting and pruning.
(1) Protected trees shall not be topped.
(2) Street trees shall be maintained in a healthy condition by the adiacent property owner and
shall only be cut or pruned with the permission of the city of Federal Way public works department.
(3) Pruning and maintenance of protected trees shall be consistent with best management
practices in the field of arboriculture and further the long-term health of the tree.
(4) Excessive pruning shall not be allowed unless necessary to protect life and property.
22-XX33 Performance assurance.
The city may require the following bonds for any clearing and/or grading activity approved by or
under this division:
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 4] of65
(a) A performance bond to guarantee that the clearing and/or grading will conform to city
standards and requirements.
(b) To mitigate damages should they occur as a result of unauthorized tree removal, the applicant
shall submit a bond, letter of credit or other means of assurance acceptable to the director. The following
provisions shall apply to such performance assurance:
(1) Tree Protection Assurance. The applicant shall post a performance bond or other
acceptable security device to ensure the installation, maintenance, and adequate performance of tree
protection measures. The amount of this bond shall be no less than 120% of the city's estimated cost of
replacing each protected tree. The estimated cost per tree shall be the tree base fee established by the city
council. Prior to issuance of the certificate of occupancy, any protected tree found to be irreparably
damaged, severely stressed, or dying shall be replaced according to the standards identified under FWCC
22-XX36, Compliance and enforcement. The bonding period shall be two years. The director may release
all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the
requirements of this section have been satisfied and there is evidence that the protected trees will survive.
(2) Tree Maintenance Assurance. Where replacement trees are required pursuant to this
section, the applicant shall post a replacement tree maintenance bond or other acceptable security device
to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 50% of the
cost of plant material, periodic fertilizing and pruning, and labor for the time period of the maintenance
bond. Where possible, the bond may be combined with the landscape maintenance bond required by
FWCC Chapter 22, Article XVII, Landscaping. In the event a required replacement tree becomes
irreparably damaged, severely stressed, or dies, during the maintenance period, the tree shall be replaced
according to the standards in FWCC 22-XX18, Tree and vegetation retention standards and FWCC 22-
XX-20, Replacement tree species and size. Replacement trees damaged due to natural disasters such as
wind storms, hail, ice or snow storms, earthquakes, and the like shall be exempt from replacement. The
bonding period shall be two years. The director may release all or part of the bond prior to the conclusion
of the bonding period if the applicant demonstrates that the requirements of this section have been
satisfied and there is evidence that the replacement trees will survive.
(3) Supplemental administrative costs. In addition to the bond and any consultation fees
under FWCC 22-XX33(b)(5), the applicant shall post a cash deposit with the citv equal to the following
percentages of the amount of the bond:
Amount of Bond
Amount of Cash Deoosit
Up to $20,000
$20,001 to $50,000
$50,001 to $100,000
$100,001 and up
5% of the bond (minimum $100.00)
4% of the bond
3% of the bond
2 Yz % of the bond
This cash deposit will be used to cover the city's actual expenses of administering and, if necessary,
obtaining and using the proceeds of the bond.
(4) The required tree protection assurance shall be submitted prior to issuance of a permit
authorizing tree removal. The required tree maintenance assurance shall be submitted prior to issuance of
final plat approval pursuant to FWCC 20-136, or certificate of occupancy, whichever is applicable.
(5) The director may consult with a certified arborist, licensed landscape architect, or other
similarly qualified professional in determining the amount of a bond under this article. The applicant shall
pay the actual costs of this consultation.
(6) The performance assurances shall not be fully released without final inspection and
approval of completed work by the city, submittal of any post-construction evaluations, or following any
prescribed trial maintenance period required in the permit.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 42 of 65
(7) With the consent of the City, assurance devices under this section may be assigned by the
applicant to individual property owners when those parties obtain an ownership interest in the subject
property. The director may release all or part of an applicant's assurance when the applicant demonstrates
that the applicant has secured to the City sufficient assurances to meet the requirements of this section
from other parties.
(8) Performance assurances provided in accordance with this section may be redeemed in
whole or in part by the city of Federal Way upon determination by the director that the applicant has
failed to fully comply with approved plans and/or conditions
22-XX34 Project inspections/city access.
(a) All projects with a clearing and grading and/or tree retention plan approval and associated permit
are subject to city inspections to ensure compliance with the conditions of approval and associated permit.
As a condition of permit issuance, the applicant must grant right-of-entry for such inspections and city
emergency corrective measures.
(b) The public works director or his/her designee will specify the general stages of work when city
inspection is required and may require inspection and testing by an approved testing agency, to be paid by
the applicant.
(c) The director shall specify inspection and testing requirements applicable to a given project prior to
permit issuance; however, the public works director may require additional inspection, testing, or
professional analysis and recommendations when conditions exist that were not covered in the permit
application documents or were not sufficiently known at the time of permit issuance.
22-XX35 Stop work orders and corrective actions.
(a) The director or his/her designee may notify the permittee, or person doing the work, to stop work
and take any necessary corrective actions whenever the director determines that:
(1) During the life of the permit, the project is causing problems related to earth and water
resources, such as sediment leaving the site or entering the drainage system;
(2) The act or intended act of clearing, grading, or tree or vegetation removal has become or will
constitute a hazard to life and limb, or endangers property; or it adversely affects the safety, use, or
stability of a public way, drainage channel. street, or surface water; or
(3) Clearing, grading or tree or vegetation removal is occurring without a required permit; or
(4) The activity is otherwise violating this article or the conditions of approval issued under this article.
(b) The director or his/her designee shall remove the stop work order when the City has reached an
agreement with the violator regarding rectification of the violation. Any stop work order issued under this
article may be appealed using the procedures set forth in FWCC 1-19.
22-XX36 Compliance and enforcement
(a) In addition to any other penalties or other enforcement actions, any person who fails to comply
with the provisions of this article or the terms of an approved tree retention plan, or a related cease and
desist or stop work order. shall also be subject to a civil penalty as set forth in Table 22.xX41.1. Each
unlawfully removed or damaged tree shall constitute a separate violation.
(1 ) The amount of the penalty shall be assessed in accordance with Table 22.xX41.1. The
director may elect not to seek penalties ifhe or she determines that the circumstances do not warrant
imposition of civil penalties in addition to restoration. (For example, first time violators who
unintentionally or unknowingly violated the requirements of this article and are cooperating with regard
to restoration may not warrant imposition of civil penalties.)
Table 22.xX41.1 - Penalties
Tvpes of Violations Allowable Fines per Violation
1. Removal oftree(s) approved to be removed. but $100.00 per tree
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 43 of 65
prior to final tree retention plan approval
2. Removal or damage oftree(s) that are or would $1 ,000.00 per tree, or up to the marketable value
be shown to be retained on an approved tree plan or of each tree removed or damaged as determined
anv other violation of approved tree retention plan by a certified arborist or timber cruiser.
3. Removal oftree(s) without applying for or $1 ,000.00 per tree, or UP to the marketable value
obtaining required city approval of each tree removed or damaged as determined
by a certified arborist or timber cruiser.
(b) Violators shall be responsible for restoring unlawfully damaged areas in conformance with a plan,
approved by the director. which provides for repair of any environmental and property damage, and
restoration of the site; and which results in a site condition that, to the greatest extent practical, equals the
site condition that would have existed in the absence of the violation(s).
(c) The number of trees required to be planted shall be equal to the number of tree unit credits of
illegally removed trees according to Table22-XXI8.2.
(d) The minimum size for a tree planted for restoration is 12-foot-tall evergreen and three-inch caliper
deciduous tree. The city mav approve smaller restoration tree sizes at a higher restoration ratio, provided
the site has capacity for the additional trees and the results of restoration at a higher restoration ratio is as
good or better than at the normal ratio. The smallest allowable alternatives to the normal restoration
requirements shall be two eight-foot evergreen for one 12-foot evergreen or two two-inch caliper
deciduous for one three-inch caliper deciduous tree.
(e) Remedial measures must be completed within the time frame specified by the director.
(t) The cost of any remedial measures necessary to correct violation( s) of this article shall be borne by
the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures,
the director may redeem all or any portion of any security submitted by the applicant to implement such
remedial measures, pursuant to the provisions of FWCC 22-XX33, Performance assurance.
Article XIII, Division 9, Yard Requirements (Chapter 19.125 - Outdoors, Yards, and
Landscaping]
22-1133 Structures and improvements.
No improvement or structure may be in a required yard except as follows:
(1) A driveway and/or parking area subject to the standards of FWCC 22-1135.
(2) Any improvement or structure, other than a driveway and/or parking area, that is not more
than four inches above finished grade may be anywhere in a required setback yard.
(3) An improvement or structure that is not more than 18 inches above finished grade may extend
not more than five feet into a required yard.
(4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a
structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into
any required yard. The total horizontal dimension of the elements that extend into a required yard,
excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the
elements extend.
(5) Fences and railings not over six feet in height may be located in required yards subject to the
fence regulations contained within this article.
(6) Rockeries and retaining walls may be located in required yards if:
a. The rockery or retaining wall is not being used as a direct structural support for a major
improvement; afld
b. The rockery or retaining wall is reasonably necessary to provide support to a cut, fill or
slope~: and
c. The rockery or retaining wall also meets the requirements of FWCC 22-XX17 et seq.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 44 of 65
(7) Signs may be located in required yards subject to provisions of FWCC 22-1596 et seq.
(8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open
along the sides, are permitted in required yards in commercial, industrial-commercial, and office zones.
(9) In low and medium density residential zones, the applicant may, through process III, request
approval to locate a storage shed in a required yard, except a required front yard. The city may approve
the application if:
a. The proposed structure is no more than eight feet high above finished grade;
b. The maximum length of the facade of the proposed structure parallel to each property line,
from which the required yard is not provided, shall not exceed 10 feet;
c. The proposed structure contains no more than 120 square feet in total area;
d. No reasonable alternative location exists on the subject property due to special
circumstances regarding the size, shape, topography or location of the subject property or the location for
legally constructed pre-existing improvements of the subject property; and
e. Permitting the intrusion onto the required yard will not create a material, negative impact
on the character of nearby residential uses. (Ord. No. 90-43, S 2(115.115(3)),2-27-90; Ord. No. 00-375, S 24,
2000; Ord. No. 07-559, S 3(Exh. A), 7-3-07)
Article XVII, Landscaping3 [Chapter 19.125 - Outdoors, Yards, and Landscaping]
Sections:
22-1561 Purpose.
22-1562 Applicability.
22-1563 Landscape plan approval.
22-1563.1 Landscape, irrigation and tree plan submittal requirements.
22-1564 General landscaping requirements - All zones.
22-1565 Landscaping types.
22-1566 Landscaping requirements by zoning district.
22-1567 Parking lot landscaping.
22-1568.1 Planting requirements for certain trees.
22 1568 Significant trees.
22-1569 Performance and maintenance standards.
22-1570 Modification options.
22-1571 - 22-1595 Reserved.
22-1561 Purpose.
The purpose of this article is to:
(1) Provide minimum standards for landscaping in order to maintain and protect property values
and to enhance the general appearance of the city.
(2) Encourage creative landscaping designs that utilize native vegetative species, drought-tolerant
species, and retain natural vegetation, in order to reduce the impact of development on the water resources
of the city.
(3) Respond to state-level mandates for action in such areas as water conservation, energy
conservation, enhancement of water quality, and improvement of air quality.
(4) Reflect current city planning goals, urban design standards, and ecological awareness.
(5) Provide an appropriate amount and quality oflandscaping related to all land use in the city.
3 Editor's note ~ Ord. No. 93-170, * 3, adopted April 20, 1993, repealed former Art. XVII, ** 22-1561 - 22-1577, relative to
landscaping, and * 4(Exh. A) of said Ord. No. 93-170 enacted a new Art. XVII to read as herein set out. The provisions offormer
Art. XVII derived from Ord. No. 90-43, * 2, adopted Feb. 27,1990.
Exhibit A ~ Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 45 of 65
(6) Establish a minimum level of regulation that reflects the purposes of this chapter.
(7) Provide for design flexibility.
(8) Retain significant trees stands of trees and mature vegetation, a valuable natural resource of
the community.
(9) Recognize the unique qualities embodied in public facilities by providing for a reasonable
degree of flexibility in structure while protecting adjacent uses.
(10) Encourage low-impact techniques including the use of native or drought-tolerant plants.
(Ord. No. 93-170, * 4,4-20-93; Ord. No. 01-390, * 3, 6-5-01)
22-1562 Applicability.
This article shall apply to all development applications in the city, with the exception of individual
single-family residential lots which shall only comply with the applicable requirements ofFWCC 22-
~ XXXX Significant Trees, for tree and vegetation preservation of significant trees. (Ord. No. 93-170,
* 4, 4-20-93)
22-1563 Landscape plan approval.
(a) No permit shall be issued to erect, construct or undertake any development project without prior
approval of a landscape plan by the department of community development.
(b) Required landscape plans for all projects that are subject to the site plan review process as set
forth in "^.rtiele V of this chapter shall be prepared by a Washington State licensed landscape architect.
(Ord. No. 93-170, * 4, 4-20-93)
22-1563,1 Landscape and irrie:ation plan submittal requirements.
The applicant shall submit the appropriate number oflandscape and irrigation plans for review, as
determined by the department of community development services. The landscape and irrigation plan
may be provided separately or incorporated into plans submitted for site plan review. Landscaping and
irrigation may be shown on the same plan. No permit for use which is subiect to the requirements of this
section shall be issued until the landscape and irrigation plan for such use has been approved by the
department of community development services.
(a) Landscape plans.
1. Persons qualified to prepare landscape plan. The landscape plan shall be prepared by a
landscape architect licensed in the State of Washington, a nursery professional certified pursuant to the
Washington Certified Nursery Professional program, or a Washington State certified landscape technician.
2. The landscape plan shall be prepared to an appropriate scale, not less than one-inch to
equal 40 feet. necessary to depict the following:
a. Name and address or location of proiect;
b. Vicinity map;
d. Scale, north arrow, and date of plan;
e. All property lines, impervious surfaces (including the total. paved impervious surface),
vehicular drives, parking lots, proposed structures (including the square footage of such structures),
natural or manmade water features or bodies, above ground stormwater detention and treatment areas,
proposed fences and retaining walls, critical lands and associated buffers, and designated recreational
open space areas;
f. All existing and proposed landscape areas showing existing trees and/or vegetation to
be retained and vegetation to be removed and proposed plants to be installed. The area of all existing and
proposed landscaping shall be calculated and shown on the plan;
g. A plant schedule containing the botanical and common names of the new plant
material. existing plant material proposed to be retained, typical spacing for that species, the planting size
of the material. the quanti tv of each plant. and any special planting: instructions;
h. All topographic features of the area to be landscaped such as swales. A contour map
detailing intervals at two feet shall be provided; and
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments ~ 02/26/2009
Page 46 of 65
i. All existing and proposed drainage and watering facilities.
(b). Irrigation plans. Where an irrigation plan is required to ensure that the planting will receive
sufficient water for survival and growth, the following shall apply.
1. Persons qualified to prepare plans. The irrigation plan shall be prepared by a Washington
State registered landscape architect or irrigation designer certified by the Irrigation Association.
2. Where automatic irrigation is required, a subsurface irrigation or drip irrigation system
shall be provided in accordance with all state and local rules, regulations, and ordinances, including
approved backflow devices. The tap, service, and meter shall be coordinated with the city's public works
director. The system shall completely cover all planting areas.
3. The spacing of sprinkler heads shall not exceed the spacing recommended by the
manufacturer of the head. Where an area may be utilized by pedestrians, pop-up heads are preferred. The
system shall be designed to achieve maximum water efficiency and overthrow onto public sidewalks or
streets shall be kept to a minimum.
(c). Review of landscape, irrigation, and tree plans. Where landscape, irrigation, or tree plans are
required in concert with other site development permit applications, the plans shall be reviewed by the
department of community development services or the city's consultant. as determined bv the department
of community development services. If the department of community development services designates
the plans be reviewed by the city's consultant. the applicant shall cover the cost of the third party review
as required in accordance with the city's fee ordinance.
22-1564 General landscaping requirements - All zones.
(a) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses,
and proposed landscaped areas shall be retained in a "native" or predeveloped state. The department of
community development may allow or require supplemental plantings in these areas, pursuant to the
provisions of this chapter.
(b) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in
width, as described in FWCC 22-1 565(a), unless determined by the community development review
committee (CDRC) that such screening is not necessary because stored materials are not visually
obtrusive.
(c) Slopes in areas that have been landscaped with lawn shall generally be a 3: 1 ratio or less, wffit.h
length to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other
areas of plantings, a slope of up to a 2: 1 ratio, wffit.h length to height, may be used if acceptable to the
public works director, upon review of a geo-technical/soils study submitted by an applicant to ensure soil
slope integrity.
Pique 1. - Sec. 22-1564 (d)
(d) All trash enclosures shall be screened from abutting properties and/or public rights-of-way by a
100 percent sight-obscuring fence or wall and appropriate landscape screen.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 47 of65
( e) Type III landscaping, defined in FWCC 22-1565( c), shall be placed outside of sight-obscuring
fences abutting public rights-of-way and/or easements unless determined by the director of community
development that such arrangement would be detrimental to the stated purpose of this article.
(f) With the exception of lawn areas, at least 25 percent of new landscaping materials (i.e., plants,
trees, and groundcovers) shall consist of drought-tolerant species. All developments are encouraged to
include native Pacific Northwest and drought-tolerant plant materials for all projects.
(g) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet
above the root ball or root structure.
(h) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at
the time of planting.
(i) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at
the time of planting based on the following:
(1) Small shrubs - 12 inches.
(2) Medium shrubs - 18 inches.
(3) Large shrubs - 24 inches.
(j) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in
total coverage of a landscaped area within three years.
(k) Areas planted with grass/lawn shall:
(1) Constitute no more than 75 percent of landscaped areas, provided, there shall be an exception
for biofiltration swales; and
(2) Be a minimum of five feet wide at the smallest dimension.
(1) Grass and required landscaping areas shall contain at least four inches of topsoil at finish grade.
(m) Existing clay or sandy soils shall be augmented with an organic supplement.
(n) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation
where plant materials will cover and three inches of mulch over bare soil.
(0) In order to reduce irrigation requirements, design principles using xeriscape techniques are
encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary
to maintain planted vegetation, species that are not drought tolerant should be grouped together and have
irrigation systems, and be separated from any other irrigation system provided for drought-tolerant
speCIes.
(p) Mulch shall be used in conjunction with landscaping in all planting areas to meet xeriscaping
goals, assist vegetative growth and maintenance or to visually compliment plant material. Mulches
include organic materials such as wood chips and shredded bark. Nonvegetative material shall not be an
allowable substitute for plant material.
(q) All development shall comply with city of Federal Way street tree requirements. (See the City of
Federal Way Right-of-Way Vegetation Standards and Specifications Manual).
(r) Landscaping proposed to be located within or adjacent to utility easements shall be reviewed by
the respective utility agency(ies).
(f~) Landscaping and fencing shall not violate the sight distance safety requirements at street
intersections and points of ingress/egress for the development.
(5J) All tree types shall be spaced appropriate for the compatibility of the planting area and the
canopy and root characteristics of the tree.
(t y) All permanent lawn or sod areas shall have permanent irrigation systems.
(u y) Screening of blank building walls. Building walls which are uninterrupted by window, door, or
other architectural feature(s) listed in Article XIX, Community Design Guidelines, FWCC 22-1635(c)(2),
that are 240 square feet or greater in area, and not located on a property line, shall be screened by
landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed.
('\I w) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height
of structures.
Exhibit A ~ Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 48 of 65
(w ~) All loading areas shall be fully screened from public right-of-way or non-industrial!
manufacturing uses with Type I landscaping.
a.r=-~
EipN~ h~
......uo u=oon
~~
STREET
fiqnr62 - Sec. 22-1564(w}
(* y) Use of products made frorri post consumer waste is encouraged whenever possible.
(y ~) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to
planting of any shrubs, trees, or ground covers.
(~ aa) Landscaping shall not be required along interior lot lines within a development where parking
is being shared. (Ord. No. 93-170, S 4, 4-20-93; Ord. No. 07-559, S 3(Exh. A), 7-3-07)
22-1568,1 Plantine requirements for certain trees.
(a) The following types of trees may not be planted closer than the listed minimum planting distance
to rights-of-way or sewers:
Trees Minimum Planting Distance
ill Ailathus altisinia (Tree of Heaven) 25'
ill Catalpa 25'
ill Cottonwood 40'
ill Juglamus nigra (Black Walnut) 25'
ill Platanus (Plane, Sycamore) 40'
(fu Populus (Poplars) 40'
ill Salix (Willows) 25'
00 Tilia americana (Basswood) 25'
ill Ulmus (Elm) 40'
(b) In addition to any other enforcement mechanism or penalty contained within or authorized by this
chapter, any person violating this provision is responsible for any damage caused by the tree or trees.
(c) All street trees and other plantings shall be installed in conformance with standard landscaping
practices and with appropriate city guidelines and regulations.
22 1568 Signifieant trees.
(a) Purpose. The purpose of this section is to:
(1) Regulate the removal of trees from property '.vithin the city in ordcr to preservc, pro teet and
enhancc a valuablc natural rcsource;
(2) Establish standards to limit the removal of and ensure the replacement of trees sufficient to
safeguard the ecological and aesthetic environment of a community;
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 49 of 65
(3) Discourage the unnecessary clearing and disturbance ofland so as to preserve the natural and
existing growth of vegetation; and
( 4) Maintain a miniRRlm number of significant trees.
(b) Definition. ,^. significant tree shall be defined as:
(1) Twelve inches in diameter or 37 inches in circumference measured foUi' and one half feet
above ground; and
(2) In good health; and
(3) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public
open space or right of way, etc.) or obscuring safe sight distance requirements. Significant trees shall not
include red alder, cottonwood, poplar or big leaf maple.
~.'~\
rt
Piqure 10 - SeC. 22-1568(b)
(c) Standards.
(1) Retention required. Significant trees shall bc retained on the subject property to the maximum
extent possible in all developments as follows:
a. If the approved development on the subject property will require the removal of more than
75 percent of the significant trees on the subject property, significant trees shall be replaced in amount
equal to 25 percent of the significant trees willch existed on the subject property prior to commencing any
development activity.
b. .^JI significant trees located 'Nithin any required perimeter landscaping area shall be
retained and/or replaced.
c. Significant trees required to be retained witilln on site sensitive areas can be used toward
satisfying the 25 percent on sitc significant trec retention rcgulations.
d. .^.ll significant trecs locatcd vii thin requircd on sitc rccrcation or open spaccs shall bc
rctaincd, provided they do not conflict with on sitc activc rccrcation areas.
e. The significant tree retention requircments of tills chapter shall not apply to thc city eenter
zoning district.
f. There shall be no cutting of significant trees v/ithout authorization from thc city for the
purpose of prcparing that sitc for future development.
g. Up to one half of thc 25 percent significant trcc replacement requirement may be satisfied
by planting larger trees in required landscapc areas such as landscape islands, buffers, and pcrimeter
landscapcd areas. Such trees shall be a miniRRlm 12 feet in height for evergreen and three and one half
inch calipcr f-or deciduous or broadleaf trees. Example: 100 on site significant trces requires 25 to be
retained or replaccd. /\pplicant may plant 13 largcr trces within required landscape areas which meet size
requirements mentioned above.
h. ,^Jticlc XIX of this chapter may apply additional, use spccific standards related to
significant trees.
(2) The applicant shall submit a trec retention plan concurrent with the first permit application for
that development. The tree rctcntion plan shall consist of the following:
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 50 of 65
a. A tree surveyor cluster survey that identifies the location, size, number and species of all
significant trees on the site.
b. A de'/elopment plan identifying the significant trees that are proposed to be retained,
removed, transplanted, or replaced, including a final report on percCRtage retained.
(3) Each retained significant tree not located within perimeter landscaping may be credited as tViO
trees for purposes of complying with the retention requirements of subsection (c)(I)(a) of this section,
provided the tree meets at least one of the following criteria:
a. The tree is located in a grouping of at lcast five trees with canopies that touch or overlap;
ef
b. The tree provides energy savings through ,,:inter wind protection or summer shading as a
result of its location rclative to proposed buildings; or
c. The tree belongs to a unique or unusual species of natiye or non nath'e tree not usually
found locally.
(1) Where it is not feasible to retain required significant trees due to site constraints including, but
not limited to, topography, ingress/egress requirements, existing and proposed utility locations, trails,
storm drainage improvements, a site specific tree plan, drawn to scale, shall be prepared. The tree plan
shall show the precise location of all significant trees on the site, in relation to the proposed buildings,
streets, parking areas, required landscaped areas, s\.H'face '.vater faeilities, and utilities. The director of
community development shall review the plan in relation to the proposed de'ielopment to ensure tree
removal is the minimum amount necessary to comply with the proposed de':elopment and meet the
purposes of this chapter.
(5) Whcn required significant trees cannot be retained (see subsection (c)( 4) of this section),
significant trees that are remo':ed shall be replaced with:
a. Transplanted or retained on site trees four inch caliper or larger, which meet the definition
of significant tree in all manner except size, and approved by the community development director, based
upon the director's assessment of the location of the tree in relation to the proposed site development; or
b. NeVi evergreen trees that arc a minimum 10 feet in height, or deciduous trees that are a
minimum three inch caliper.
The number of replacement trees, combined with the number of retain cd significant trecs, shall equal 25
percent of the amount of on site significant trees vihich existed prior to development.
(6) The following management practiccs shall be observed on sites containing significant trees, to
provide the best protection for significant trees:
a. No clearing shall be allowed on a proposed development site until the trec retention and
landscape plans have been approved by the city ofPederal Way;
b. ,\ no disturbancc area, which shall be defined to be to the drip line of the significant tree,
shall be identified during the construction stage "'lith either:
1. j\ temporary five foot chain lillie fence;
2. A line of five foot high, orange colored two by fDur inch stakes placed no more than
ten feet apart connected by highly visible surveyor's ribbon;
c. No impervious surfaces, fill, excayation, or storage of construction materials shall be
permitted within the no disturbance area;
d. If the grade level around the tree is to be raised by more than one foot, a rock well shall be
constructed. The inside diametcr of the rock well shall be equal to the diameter of the tree trunk plus 10
feet. Proper drainage, and irrigation if necessary, shall be pro':ided in all rock wells;
e. The gradc level shall not be lowered within the larger of the two areas defined as follm:'is:
1. The drip line of the tree(s); or
2. ,\n area around the tree equal to one foot in diameter of each inch of tree trunk
diameter measured four feet above the ground;
f. ,^Jternative protection methods may be used if accepted by the director of community
development department to pro','ide equal or greater tree protection;
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 51 of 65
g. Encroachment into the no disturbance area may be allowed where the director determines
cncroachmcnt 'lIould Rot be detrimcntal to the health of thc tree. (Ord. No. 93 170, ~ 1, 1 20 93; Ord. No. 07
559, ~ 3(Exh. :\), 7 3 07)
22-1569 Performance and maintenance standards.
(a) Performance.
(1) All required landscaping shall be installed prior to the issuance of a certificate of occupancy
(CO) or final inspection:-, unless the applicant submits a performance assurance as noted in 22-1 569(a)(2).
(2) Performance assurance. If the required landscaping pursuant to an approved site plan will not
be installed prior to the issuance of certificate of occupancy, a performance bond or assignment of funds
in a form acceptable to the city attorney must be provided to the city to not less than 125% of a
contractor's bid. The bond or assignment of funds must be approved by the city and will commit to install
the landscape plantings within six months. The bond must be submitted on forms supplied by the city.
The bid bond amount must include labor and materials.
(2) When landscaping is required pursuant to this chapter, an inspection shall be performed to
verify that the installation has been installed pursuant to the standards of this chapter.
(3) Upon completion of the landscaping work, the community development department shall
inspect the landscape upon request for compliance with the approved landscape plan.
(4) A CO or final inspection may be issued prior to completion of required landscaping provided
the following criteria are met:
a. An applicant or property owner files a written request with the department of community
development prior to five days of a CO inspection;
b. The request contains an explanation as to why factors beyond the applicant's control, or
which would create a significant hardship, prevent the installation of the required landscaping prior to
issuance of the CO;
c. The property owner has demonstrated a good faith effort to complete all required
landscaping.
(5) The time period extension for completion of the landscaping shall not exceed 90 days after
issuance of a certificate of occupancy to install required landscaping.
(6) Failure to complete landscape installation by an established 90-day extension date shall
constitute a zoning violation. If a performance bond has been used, the city shall use the bond to complete
the required landscaping. If the amount of the bond or cash deposit is less than the cost incurred by the
city, the applicant/property owner shall be liable to the city for the difference. If the amount of the bond
or assignment of funds exceeds the cost incurred by the city, the remainder shall be released.
(b) Maintenance. The purpose of this section is to establish minimum maintenance standards for
landscaping.
(1) Plant maintenance. Maintenance of planted areas shall include continuous operations of
removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement;
appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever
possible; watering; or other operations necessary to assure normal plant growth. In particular,
maintenance shall promote landscape performance criteria of this chapter. Plant materials that have died
shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept
reasonably free of noxious weeds and trash.
(2) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained
in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from
any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of nonmaintenance.
(3) Other maintenance. Maintenance of all landscaped areas shall also include operations as
needed of painting, repairing, reconstruction, and rehabilitation of landscape structures such as walls,
fences, overheads, trellises, and the removal of trash.
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(4) Failure to comply with landscape maintenance standards shall constitute a zoning violation
under FWCC 22-11. (Ord. No. 93-170, * 4, 4-20-93)
22-1570 Modification options,
(a) Purpose. The purpose of this section is to provide an opportunity for development of exceptional
or unique landscape designs that do not meet the express terms of FWCC 22-1564 through 22-1567,
and/or flexibility of landscape designs. The director of community development services shall have the
authority, consistent with the criteria stated herein, to modify specific requirements or impose additional
requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this
chapter and to allow for flexibility and creative design. Special circumstances or unique conditions shall
be reviewed with the director of community development services concurrent to submittal the review of a
landscape plan. Examples of special conditions might include:
(I) Preservation of unique wildlife habitat;
(2) Preservation of natural or native areas;
(3) Compliance with special easements;
(4) Renovation of existing landscaping;
(5) Unique site uses.
The alternative landscape modifications described in subsections (c) through (f) of this section
shall be allowed only if the proposed modification meets the threshold criteria of subsection (b) of this
section, in addition to the special criteria of subsections (c) through (f) of this section. In the case of
public parks, schools, and public recreational facilities, these uses must meet subsections (a)(1) through
(a)(4) of this section only.
(b) Modifications to the landscape standards may be granted by the director of community
development if:
(1) The proposed modification represents a superior result than that which could be achieved by
strictly following the requirements of this chapter; and
(2) The proposed modification complies with the stated purpose of this chapter and any
applicable subsections of this chapter; and
(3) If the proposed modification will not violate any city of Federal Way City Codes or
ordinances. In particular, a modification shall not be a substitute for any zoning variance; and
(4) Where applicable, the proposed modification would result in an increased retention of
significant trees and/or naturally occurring vegetation on the site;
(5) The proposed modification also satisfies the criteria listed in subsection (b), (c), (d), (e), or (f)
of this section.
(c) The width of the perimeter landscaping may be reduced up to 25 percent when: (1) /\. dcvclopmcnt
rctains an additional 10 perccnt of significant trecs or 10 significant trccs pcr acre on site, whichever is
greater. (~lhe proposed landscaped area incorporates a combination of plant materials, berms a
minimum of three feet in height, and architectural elements of appropriate height and scale sufficient to
act as an efficient substitute for the three-foot berm.
(d) The landscaping requirement may be modified when necessary, because of special circumstances
relating to the size, shape, topography, vegetation, location or surroundings of the subject property, to
provide it with use rights and privileges permitted to other properties in the vicinity and zone in which it
is located, or if strict application would result in scenic view obstruction.
(e) Perimeter landscape strips may be averaged, provided the minimum width shall not be less than 50
percent of the underlying width requirement.
(f) Ifthe property abutting the subject property is in the same or a more intensive land use zoning
district than the subject property, the landscaping required along that common interior property line may
be reduced by 25 percent in area. In addition, the remaining 75 percent of the required landscaping may
be relocated upon approval of the community development director, consistent with the standards of this
chapter.
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(g) Biofiltration swales and other surface water/water quality structures may be incorporated into
required landscape areas provided the landscaping standards of this chapter are met and the integrity of
the surface water function is not compromised. The community development director shall approve any
modification of this nature.
(h) Modification submittal requirements. A request for modification shall:
(1) Be submitted in the same form and according to the same terms as the required landscape
documents of this section and subject to the same enforcement requirements; and
(2) Be clearly labeled as "Landscape Modification Plan"; and
(3) Clearly delineate and identify the deviations requested from the provisions of this or any other
section;
(4) Be approved by the community development director.
(i) Pedestrian facilities, transit stops, and handicapped access may be allowed in required landscape
areas without requiring additional buffer area, provided that the intent of this article is met and that the
function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised.
(Ord. No. 93-170, * 4, 4-20-93; Ord. No. 01-390, * 3, 6-5-01)
Article XIX, Community Design Guidelines
22-1634 Site design - All zoning districts.
(a) General criteria.
(1) Natural amenities such as views, significant or unique trees, or groupings of trees, creeks,
riparian corridors, and similar features unique to the site should be incorporated into the design.
(2) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian
areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters.
Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies,
gazebos, transparent glass at the ground floor, and landscaping.
(3) Pedestrian areas should be easily seen, accessible, and located to take advantage of
surrounding features such as building entrances, open spaces, significant landscaping, unique topography
or architecture, and solar exposure.
(4) Project designers shall strive for overall design continuity by using similar elements
throughout the project such as architectural style and features, materials, colors, and textures.
(5) Place physical features, activities, and people in visible locations to maximize the ability to be
seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase
natural surveillance by park users, and place laundry facilities near play equipment in multiple-family
residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where
they make it difficult to observe activity.
(6) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc.,
or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All
of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to
happen.
(7) Design buildings and utilize site design that reflects ownership. For example, fences, paving,
art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying
intruders is much easier in a well-defined space. An area that looks protected gives the impression that
greater effort is required to commit a crime. A cared-for environment can also reduce fear of crime. Areas
that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that
do not display such characteristics.
(b) Surface parking lots.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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(1) Site and landscape design for parking lots are subject to the requirements of Article XVII of
this chapter.
(2) Vehicle turning movements shall be minimized. Parking aisles without loop access are
discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage.
(3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian
circulation on-site or to adjoining properties. Driveways should be shared with adjacent properties to
minimize the number of driveways and curb cuts.
(4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are
encouraged to incorporate retail pads against the right-of-way to help break up the large areas of
pavement.
(5) See FWCC 22-1638 for supplemental guidelines.
(c) Parking structures (includes parking floors located within commercial buildings).
(1) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized
by placing its short dimension along the street edge. The parking structure should include active uses such
as retail, offices or other commercial uses at the ground level and/or along the street frontage.
(2) Parking structures which are part of new development shall be architecturally consistent with
exterior architectural elements of the primary structure, including rooflines, facade design, and finish
materials.
(3) Parking structures should incorporate methods of articulation and accessory elements,
pursuant to FWCC 22-1 635(c)(2), on facades located above ground level.
(4) Buildings built over parking should not appear to "float" over the parking area, but should be
linked with ground level uses or screening. Parking at grade under a building is discouraged unless the
parking area is completely enclosed within the building or wholly screened with walls and/or landscaped
berms.
(5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the
building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not
permitted.
(6) Parking structures and vehicle entrances should be designed to minimize views into the garage
interior from surrounding streets. Methods to help minimize such views may include, but are not limited
to, landscaping, planters, and decorative grilles and screens.
(7) Security grilles for parking structures shall be architecturally consistent with and integrated
with the overall design. Chain-link fencing is not permitted for garage security fencing.
(8) See FWCC 22-1 638(c)(4) for supplemental guidelines.
(d) Pedestrian circulation and public spaces.
(1) Primary entrances to buildings, except for zero lot line townhouse development and attached
dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the
right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking
lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated.
(2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using
a variation in paved texture and color, and protected from abutting vehicle circulation areas with
landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate;
or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged.
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Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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(3) Pedestrian connections should be provided between properties to establish pedestrian links to
adjacent buildings, parking, pedestrian areas and public rights-of-way.
(4) Bicycle racks should be provided for all commercial developments.
(5) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs,
trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone
booths, fencing, etc., should be incorporated into the site design.
(6) See FWCC 22-1638 for supplemental guidelines.
(e) Landscaping. Refer to Article XVII of this chapter for specific landscaping requirements and for
definitions of landscaping types referenced throughout this article.
(f) Commercial service and institutional facilities. Refer to FWCC 22-949 and 22-1564 for
requirements related to garbage and recycling receptacles, placement and screening.
(1) Commercial services relating to loading, storage, trash and recycling should be located in such
a manner as to optimize public circulation and minimize visibility into such facilities.
Service yards shall comply with the following:
a. Service yards and loading areas shall be designed and located for easy access by service
vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a
nuisance for adjacent property owners.
b. Trash and recycling receptacles shall include covers to prevent odor and wind-blown litter.
c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with
the primary building(s) relative to architecture, materials and colors.
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d. Chain-link fencing shall not be used where visible from public streets, on-site major drive
aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used.
(2) Site utilities shall comply with the following:
a. Building utility equipment such as electrical panels and junction boxes should be located in
an interior utility room.
b. Site utilities including transformers, fire standpipes and engineered retention ponds (except
biofiltration swales) should not be the dominant element of the front landscape area. When these must be
located in a front yard, they shall be either undergrounded or screened by walls and/or Type I
landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs,
and/or driveways.
(g) Miscellaneous site elements.
(1) Lighting shall comply with the following:
a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC 22-954(c).
b. Lighting shall be provided in all loading, storage, and circulation areas, but shall
incorporate cut-off shields to prevent off-site glare.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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c. Lighting standards shall not reduce the amount of landscaping required for the project by
Article XVII of this chapter, Landscaping.
(2) Drive-through facilities, such as banks, cleaners, fast food, drug stores and service stations,
etc., shall comply with the following:
a. Drive-through windows and stacking lanes are not encouraged along facades of buildings
that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from
such street by Type III landscaping and/or architectural element, or combination thereof; provided, such
elements reflect the primary building and provide appropriate screening.
b. The stacking lane shall be physically separated from the parking lot, sidewalk, and
pedestrian areas by Type III landscaping and/or architectural element, or combination thereof; provided,
such elements reflect the primary building and provide appropriate separation. Painted lanes are not
sufficient.
c. Drive-through speakers shall not be audible off-site.
d. A bypass/escape lane is recommended for all drive-through facilities.
e. See FWCC 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, * 3,7-2-96; Ord. No.
99-333, * 3,1-19-99; Ord. No. 00-382, * 3,1-]6-01; Ord. No. 03-443, * 3, 5-20-03; Ord. No. 06-515, * 3, 2-7-06;
Ord. No. 07-554, * 5(Exh. A(l5)), 5-15-07)
22-1635 Building design - All zoning districts.
(a) General criteria.
(1) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step
up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is
precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed
function or use of the site. See FWCC 22-XXXX for related standards for development on sites with
slopes of 15% or greater.
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(2) Building siting or massing shall preserve public viewpoints as designated by the
comprehensive plan or other adopted plans or policies.
(3) Materials and design features offences and walls should reflect that of the primary building(s)
and shall also meet the applicable requirements of FWCC 22-XXX, Rockeries and retaining walls.
(b) Building facade modulation and screening options, defined. Except for zero lot line townhouse
development and attached dwelling units, all building facades that are both longer than 60 feet and are
visible from either a right-of-way or residential use or zone shall incorporate facade treatment according
to this section. Subject facades shall incorporate at least two of the four options described herein; except,
however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII of this
chapter, Landscaping, may use facade modulation as the sole option under this section. Options used
under this section shall be incorporated along the entire length of the facade, in any approved
combination. Options used must meet the dimensional standards as specified herein; except, however, if
more than two are used, dimensional requirements for each option will be determined on a case-by-case
Exhibit A ~ Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of
200 square feet. See FWCC 22-1638(c) for guidelines pertaining to city center core and city center frame.
(1) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60
feet. Alternative methods to shape a building, such as angled or curved facade elements, off-set planes,
wing walls and terracing, will be considered; provided, that the intent of this section is met.
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Incorporating modulations
(2) Landscape screening. Eight-foot-wide Type II landscape screening along the base of the
facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or
more window area, and around building entrance(s). For building facades that are located adjacent to a
property line, some or all of the underlying buffer width required by Article XVII of this chapter,
Landscaping, may be considered in meeting the landscape width requirement of this section.
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figure 7 - Sec. 22 -1635 (h)
Inc~orporattng IandKaped buffers
(3) Canopy or arcade. As a modulation option, canopies or arcades may be used only along
facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using
this option.
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Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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(4) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor
area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and
accessible from the adjacent right-of-way.
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Figure 9 - Sec. 22 - ] 635 (b)
Incorporaling pedestrian plaza
( C) Building articulation and scale.
(1) Except for zero lot line townhouse development and attached dwelling units, building facades
visible from rights-of-way and other public areas should incorporate methods of articulation and
accessory elements in the overall architectural design, as described in subsection (c )(2) of this section.
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Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 59 of 65
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(2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate
blank walls, pursuant to FWCC 22-1564(u) and subsection (c)(1) of this section:
a. Showcase, display, recessed windows;
b. Window openings with visible trim material, or painted detailing that resembles trim;
c. Vertical trellis(es) in front of the wall with climbing vines or similar planting;
d. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with
plant material that will obscure or screen the wall's surface;
e. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork,
sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts
commission may be used as an advisory body at the discretion of the planning staff);
f. Architectural features such as setbacks, indentations, overhangs, projections, articulated
cornices, bays, reveals, canopies, and awnings;
g. Material variations such as colors, brick or metal banding, or textural changes; and
h. Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian
activities.
(3) See FWCC 22-1638(c) for supplemental guidelines. (Ord. No. 96-271, * 3, 7-2-96; Ord. No. 99-
333, * 3, 1-19-99; Ord. No. 00-382, * 3,1-16-01; Ord. No. 03-443, * 3, 5-20-03; Ord. No. 06-515, * 3,2-7-06; Ord,
No. 07-554, * 5(Exh. A(15)), 5-15-07)
22-1638 District guidelines.
In addition to the foregoing development guidelines, the following supplemental gUidelines apply to
individual zoning districts:
(a) Professional office (PO), neighborhood business (BN), and community business (Be).
(1) Surface parking may be located behind the building, to the side(s) of the building, or
adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way
maximizes pedestrian access and circulation pursuant to FWCC 22-1634( d}.
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way;
and shall incorporate windows and other methods of articulation.
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent
glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
access to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way
or pedestrian area.
(6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and
not screened by Type I landscaping as defined by Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For residential uses only:
(7) All significant trces within a 20 foot perimeter strip around the site shall bc rctained
and/or rcplaccd within thc applicablc rcquircd landscapc buffer.
(&1) Landscaped yards shall be provided between building(s) and public street(s). Parking
lots should be beside or behind buildings that front upon streets.
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(9~) Parking lots should be broken up into rows containing no more than 10 adjacent stalls,
separated by planting areas.
(-W2) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of
the project and the public sidewalk.
(H 10) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields.
20.
Figure 16 - Sec. 22 - 1638 (a)
(-hl:ll) Principal entries to buildings shall be highlighted with plaza or garden areas
containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed
so windows overlook them.
Figure] 7 - Sec. 22 - ] 638 (a)
(-812) Common recreational spaces shall be located and arranged so that windows overlook
them.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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Figure 18 - Sec. 22 - 1638 (a)
(l-4U) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent
to them so those exterior portions of the site are controlled by individual households.
Figure 19.. See. 22 .. 1638 (a)
(HI4) All new buildings, including accessory buildings such as carports and garages, shall
appear to have a roof pitch ranging from at least 4: 12 to a maximum of 12: 12.
Figure 20 - Sec. 22 - 1638 (a)
(+612) Carports and garages in front yards should be discouraged.
(+716) The longest dimension of any building facade shall not exceed 120 feet. Buildings on
the same site may be connected by covered pedestrian walkways.
(HI7) Buildings should be designed to have a distinct "base," "middle" and "top." The base
(typically the first floor) should contain the greatest number of architectural elements such as windows,
materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison,
may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a
flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
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(+91.8) Residential design features, including but not limited to entry porches, projecting
window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading
or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim
material or painted detailing that resembles trim.
(WI9) Subsection (a)(-l-J14) of this section shall apply to self-service storage facilities.
(b) Office park (OP), corporate park (CP), and commercial enterprise (CE).
(1) Surface parking may be located behind the building, to the side(s) of the building, or
adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way
maximizes pedestrian access and circulation pursuant to FWCC 22-1634( d).
(2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way.
(3) Building entrances shall be architecturally emphasized and shall incorporate transparent
glass.
(4) Ground floor entrances to retail sales or services shall incorporate plaza features or
furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the
scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and
accessibility from the building to other existing plaza or streetscape features.
(5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way
or pedestrian area.
(6) Ifutilized, chain-link fences visible from public rights-of-way or adjacent properties, and
not screened by Type I landscaping as defined in Article XVII, shall utilize vinyl-coated mesh, powder-
coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern.
For non-single-family residential uses only:
(7) Subsections (a)(5) through (a)(17) of this section shall apply.
(c) City center core (CC-C) and city center frame (CC-F).
(1) The city center core and frame contain transitional forms of development with surface
parking areas. However, as new development or redevelopment occurs, the visual dominance of surface
parking areas shall be eliminated or reduced.
Therefore, parking shall be located behind building(s), with building(s) located between
rights-of-way and the parking area(s), or in structured parking, and any parking located along a right-of-
way is subject to the following criteria:
a. In the city center core, surface parking and driving areas may not occupy more than 25
percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
b. In the city center frame, surface parking and driving areas may not occupy more than
40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the
director.
c. A greater amount of parking and driving area than is specified in subsections (c)(1)(a)
and (b) of this section may be located along other rights-of-way; provided, that the parking is not the
predominant use along such right-of-way, as determined by the director.
(2) Principal entrance facades shall front on, face, or be clearly recognizable from the right-
of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects
exposed to more than one right-of-way.
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(3) Building facades shall incorporate a combination of facade treatment options as listed in
FWCC 22-1 635(b) and 22-1 635(c)(2), to a degree that is appropriate to the building size, scale, design,
and site context, and according to the following guidelines:
a. Principal facades containing a major entrance, or located along a right-of-way, or
clearly visible from a right -of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented
architectural treatments, including distinctive and prominent entrance features; transparent glass such as
windows, doors, or window displays in and adjacent to major entrances; structural modulation where
appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural
articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At
least 40 percent of any ground level principal facade located along a right-of-way must contain
transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows,
walkways, and open space, and may include container gardens, wall and window planters, hanging
baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping
should not block views to the building or across the site. Foundation landscaping may be used to enhance
but not replace architectural treatments.
b. Secondary facades not containing a major building entrance, or located along a right-
of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that
are less pedestrian-oriented than in subsection (c)(3)(a) of this section, such as a combination of structural
modulation, architectural articulation, and foundation landscaping.
c. Principal facades of single-story buildings with more than 16,000 sq. ft. of gross
ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and
achieve a human scale. This may be accomplished through such design techniques as a series of
distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major
pedestrian plaza adjacent to the entrance.
(4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and
any pedestrian plazas and public on-site open space to primary building entrances. Where a use fronts
more than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the
right-of-way nearest to the principal building entrance. Multiple-tenant complexes shall provide
pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be
clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated
with the landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six
feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be
protected from abutting parking and vehicular circulation areas with landscaping.
(5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction
with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian
plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and
shall meet the separation, screening, and design standards listed in FWCC 22-1 634(g)(2)(b ), (c), and (d).
(6) Above-grade parking structures with a ground level facade visible from a right-of-way
shall incorporate any combination of the following elements at the ground level:
a. Retail, commercial, or office uses that occupy at least 50 percent of the building's
lineal frontage along the right-of-way; or
b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or
c. A decorative grille or screen that conceals interior parking areas from the right-of-way.
(7) Facades of parking structures shall be articulated above the ground level pursuant to
FWCC 22-1635(c)(I).
(8) When curtain wall glass and steel systems are used to enclose a building, the glazing
panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian
area.
(9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used.
Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments ~ 02/26/2009
Page 64 of 65
(10) For residential uses, subsections (a)(6) through (a)(9), (a)(1l), (a)(12), (~)(14), (a)(16),
and (a)(17) of this section shall apply.
(d) For all residential zones.
(1) Nonresidential uses. Subsections (a)(5) through (a)(1O) and (a)(13) through (a)(17) of this
section shall apply.
(2) Non-single-family residential uses except for zero lot line townhouse residential uses and
attached dwelling units. Subsections (a)(5) through (a)(17) of this section shall apply.
(3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9),
(a)(1I) through (a)(14), and (a)(17) of this section shall apply. (Ord. No. 96-271, ~ 3,7-2-96; Ord. No. 99-
333, * 3,1-19-99; Ord. No. 00-382, * 3,1-16-01; Ord. No. 03-443, * 3, 5-20-03; Ord. No. 05-506, * 3,10-18-05;
Ord. No. 06-515, * 3,2-7-06; Ord. No. 07-554, ~ 5(Exh. A(l5)), 5-15-07; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07)
K:\2008 Code Amendments\Trees. Vegetation, & Grading\LUTC\022309 Meeting\Exhibit A Proposed Code Amendments.doc
Exhibit A ~ Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009
Page 65 of 65
DRAFT
CITY OF FEDERAL WAY
PLANNING COMMISSION
February 4, 2009
7:00 p.m.
City Hall
Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst,
Sarady Long, and Tim O'Neil. Commissioners absent: none. Staff present: Community Development
Services Director Greg Fewins, Senior Planner Margaret Clark, Senior Planner Janet Shull, Assistant City
Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety.
Chair Pfeifer called the meeting to order at 7:00 p.m.
ApPROV AL OF MINUTES
Commissioner Bronson moved (and it was seconded) to approve the minutes of January 7,2009, and
January 21, 2009 as written. The motion carried unanimously.
AUDIENCE COMMENT
None
ADMINISTRATIVE REpORT
Mr. Fewins announced that at the February 18,2009, Planning Commission meeting we will hold our
Annual Appreciation Dinner. The dinner will start at 6:00 p.m. and will take place in the Dash Point
Conference Room. The regular meeting will start at 7:00 p.m. in the Council Chambers. There will be two
public hearings: one on the use of recreational vehicles for temporary occupancy and the second is on
construction hours (the Commission held a public hearing on the construction hours and the LUTC sent it
back to Commission). In addition, there will be a study session on the 2009 work program.
Mr. Fewins stated that the reorganization of the Federal Way City Code (FWCC) becomes effective
February 9,2009. The codified version should be ready in about a month. He asked Commissioners if they
want a hard copy of the new code or if they would be willing to access it through the website.
Commissioner Hope would like a hard copy. Commissioner Bronson suggested a CD, but is willing to use
the website. The other Commissioners are willing to access the code through the website. Commissioner
Carlson stated that the tables on the website are difficult to read and understand. Mr. Fewins replied he
would look into this issue.
COMMISSION BUSINESS
PUBLIC HEARING Continued - Clearing, Grading, and Tree Retention Code Amendments
Ms. Shull delivered the staff report. She focused on the changes made since the January 21 sl meeting. On
January 30,2009, staff issued a final staff draft and it is this document that is being considered at tonight's
meeting. There are two recommendations that staff has received numerous comments to change, namely
limiting the artificial slope gradient to 3: 1 and limiting the height of single-family retaining walls to four
feet and multi-family/commercial retaining walls to six feet. After careful review of these comments, staff
has concluded that the recOl;nmendations will not be changed. The meeting was opened for public comment.
K:\Plannlng Commission\2009\Meeting Summary 02-04-09_doc
Planning Commission Minutes
Page 2
February 4, 2009
Peter Townsend - He commented that he does understand the Commission is frustrated and feels
the proposed amendments should be moved on, but he and other citizens are frustrated because
they have only recently learned about this issue and are attempting to understand some 40 pages of
proposed changes. This issue will affect thousands of homeowners. There are issues he feels have
not been adequately discussed, but feels this is not the time to bring them up since the Commission
wants to move the proposed amendments on to the City Council Land/Use Transportation
Committee (LUTC). He suggested that in the future, staff inform homeowner associations of all
proposed code amendments.
Paul Gobat - He stated that the minutes of January 7,2009, on page 2, state that the proposed
amendments will not be retroactive and are intended for new lots. The draft does not address this.
The City has not had much input from homeowners on the proposed code amendments. Bellevue
had problems because homeowners did not have much input into some proposed amendments.
Bob Ormsby - He stated that staff has done a good job. Please clarify whether the proposed code
amendments will allow a homeowner to maintain their view. He has lived in a house where he lost
his view because trees in the green belt grew high enough to obscure the view. What impact would
the proposed code amendments have on a homeowner who remodels and changes the footprint?
Paul Lymberis, Quadrant - He asked the Commissioners to look at Exhibit D, which is two
examples of slopes comparing 3:1 to 2:1 slopes. His concern is that given the small nature of the
change, why should he have to go through a modification process. The 2: 1 slopes could be
required to meet regulations for steep slopes and he asked the Commission to encourage staff to
make this change.
Brant Schweikl, Schweikl and Associates - He asked that if the proposed amendments are adopted,
that a report be prepared after they have been in use for a while to ascertain if the proposed
amendments work or not. He suggested the report include how many modifications are requested
and if they are approved or not.
Commissioner Carlson stated that in regards to the 2:1 versus 3:1 slopes, his inclination was to agree with
the staff recommendation. However, after reviewing Exhibit D on slopes and what has been said tonight,
he feels that a 2: 1 slope at a limited, short height would be acceptable.
Commissioner Carlson asked staff if a covenant allows topping and if the city does not, which regulations
would take precedence? Mr. Beckwith replied that covenants are private agreements between homeowners
and city regulations take precedence over covenant regulations.
Mr. Carlson noted that on page 14 of Exhibit A (proposed amendments), item 22-XXX3(9)(c) deals with
tree and vegetation removal and 'storm- and groundwater and states that removal". . . will not change the
quality, quantity, or velocity of stormwater or groundwater." Any kind of clearing and grading will
increase the quantity of runoff, so the word "quantity" should be deleted.
Chair Pfeifer asked Mr. Lymberis what he would say the height should be for a 2: 1 slope. Mr. Lymberis
commented that he doesn't know the magic number, but ten feet seems to make the most sense because it
fits the current code. Comment has been made in the past that a 3: 1 slope is easier to maintain; Mr.
Lymberis commented that not all slopes are intended to be maintained.
Commissioner Medhurst commented that in regards to slopes, the proposed amendments should
accommodate the most common exceptions. He also commented that the definition of topping could allow
one to limb a tree from the bottom up and the definition should be changed.
K\Planning Commissionl2009\Meeting Summary 02-04-09.doc
DRAFT
PlalU1ing Commission Minutes
Page 3
February 4, 2009
Commissioner Medhurst is concerned that with a 5% administrative cash deposit for bonds, because as the
amount a bond increases, so will the administrative deposit He does not feel a more expensive bond
requires a more expensive administrative deposit and suggested that the administrative cash deposit be a
fixed fee. In regards to retaining walls, it is stated that an exemption may be made to allow a higher wall,
but it would have to lead to a "better result." What is meant by a "better result" and how could staff apply
this equitably?
Ms. Shull replied that the 5% administrative cash deposit was chosen because this type of bonds is not
expected to be expensive. However, she understands the concern and staff is willing to consider the
suggestion. As far as using the phase "better result" for allowing an exemption for retaining walls, staff
wants to have flexibility in the code and since it is not possible to know all contingencies, it was felt this
phase would allow for flexibility. The "better result" would be based on aesthetics or saving open space.
Commissioner O'Neil asked Ms. Shull to explain the modification process; he is concerned regarding
timing of a modification, not wanting it to delay a project Ms. Shull first clarified that a modification is not
a variance. A variance takes more time and effort and requires a hearing examiner hearing. The type of
development standards the city currently grants modifications to include right-of-way projects, landscaping,
and parking. Generally it will become apparent during the preapplication whether a modification may be
wanted or not. The applicant submits a letter to the director requesting the modification explaining what is
wanted and why. Any supporting documentation is included with the letter. The director will issue a
recommendation on the modification request by letter. The process can take from a few days to perhaps a
month or two depending upon the complexity of the request. Regardless, as long as the applicant requests
the modification while their project application is being processed, the recommendation for the modification
request will be completed before the project application process.
Commissioner Elder commented that she has spent a great deal of time considering the slope issue. She
went to another city to view how they handle slopes. She has decided that she does not support the staff
recommendation for slopes, but she does support the staff recommendation for fence height
Commissioner Bronson commented that on page 2 of Exhibit A, item 20-83(b)(29), it states that the
applicant may be asked for additional information at the discretion of the director. This concerns him
because there is no limit on what the director may ask for and it could increase the cost and time to process
the application. Ms. Shull replied that requirement is there because staff cannot anticipate all information
that may be needed to process the application.
Commissioner Bronson commented that on page 14 of Exhibit A, item 22-XXX3(9)(d), seems to indicate
that a permit is required to remove trees and vegetation. Mr. Fewins commented that removal of trees and
vegetation on a residential lot does not require city approval or permission if it meets the criteria stated in
subsections a - c of that section.
Commissioner Long asked ifthere is a fee for a modification request. Mr. Fewins replied there is no fee.
Commissioner Long asked if a homeowner is granted a modification and his neighbor wants the same
modification, does the neighbor have to submit a modification request. Ms. Shull replied that the neighbor
will need to apply for a modification so that there is an official record of the request and approval.
Commissioner O'Neil asked ifhe was to remove a tree from his backyard, how this would affect the tree
unit per acre requirement Ms. Shull replied that if removing the tree would put you below the tree unit per
acre requirement, then you would need to replace the tree. Be aware that for an already developed lot, you
would only need to replace to the point you are currently. For example, if to meet the tree unit per acre
K:IPlanning Commission\2009IMeeling Summary 02-04-09.doc
DRA,FT
Planning Commission Minutes
Page 4
February 4, 2009
requirement your lot would need five trees but currently you have three, you do not need to plant two more
trees. In addition, if you were to remove one of your three trees, you would only need to replace one tree,
you would not have to bring the number up to five. Commissioner Medhurst asked what if I want to
replace with a different type of tree. Ms. Shull replied that city will have a wide-range list of acceptable
replacement trees. In addition, one can request a modification.
Commissioner Carlson asked staff to clarifY that a parcel part of an approved subdivision would not be
subject to the proposed amendments. Mr. Fewins commented that per state law, a final subdivision is
vested for five years and any development within the subdivision after those five years is subject to the
current code.
Commissioner Carlson asked staff to speak to the topic of topping. Ms. Shull responded that the city does
not have a tree topping standard. Topping is not the same as pruning and arborists say that topping almost
always leads to the death of the tree. For this reason, in the proposed amendments the city considers
topping the same as removing a tree.
Commissioner O'Neil asked if someone cuts down a tree and thereby no longer meets the tree unit per acre
requirement, how would the city know. Mr. Fewins replied that the city's code enforcement is a complaint
based, meaning that unless your neighbor files a compliant, the city will not know.
Commissioner Bronson moved (and it was seconded) to adopt the proposed code amendments as written
and send them on to the LUTC recommending approval.
Commissioner Elder commented that she favors a 2: 1 slope. Commissioner Carlson agreed, but also feels
the height or length should be limited to six feet. Commissioner Bronson stated that a 2: 1 slope should be
acceptable and the city can encourage developers to design 3: 1 slopes. Commissioner Carlson stated that
engineers should be able to design aesthetically pleasing 2: 1 slopes. Commissioner Elder commented that
properties are developed to be sold and engineers know what will and will not sell and they say 2: I slopes
will sell. Commissioner O'Neil stated that he understands both the staffs and developer's views and feels
that as long as the modification process is not onerous, 3: 1 slopes are acceptable. Commissioner Medhurst
commented he is in favor of 2: 1 slopes. Commissioner Carlson moved (and it was seconded) to amend the
motion by amending section 22-XX15 to provide for 2:1 slopes with length of no greater than six feet.
Commissioner Bronson commented he doesn't see a need for the six-foot length limit. The vote was held
on the amendment to the motion with two opposed and five in favor; the amendment to the motion carried.
It was pointed out to staff that on page 14 of Exhibit A, there are two sections numbered 9.
Commissioner Medhurst commented that the bond deposit should be on a sliding scale. Commissioner
Medhurst moved (and it was seconded) to amend the motion on the floor to modifY Division 3 section 22-
XX33 paragraph 3 to include language consistent with existing bond cash deposits to be applied on a
sliding scale. The vote was held with seven in favor; the amendment to the motion carried.
Commissioner Carlson moved (and it was seconded) to amend the motion by removing the word
"quantity" from section 22-XXX3(9)(c). The vote was held with seven in favor; the amendment to the
motion carried.
The vote was held on the original motion to adopt the proposed code amendments as written and send
them on to the LUTC recommending approval as amended. The vote was held with seven in favor; the
motion as amended carried.
K:\Planning Conunission\2009\Meeling Summary 02-04-09.doc
DRAFT
Planning Commission Minutes
Page 5
February 4, 2009
ADDITIONAL BUSINESS
Commissioner Pfeifer thanked the staff for all the work they did on the Clearing, Grading, and Tree
Retention Code Amendments. He appreciated that staff involved the Master Builders Association,
homeowners, developers, and engineers and that staff listened to them and made some changes based on
what they heard.
Mr. Fewins commented that staff intends to present the proposed amendments at the February 23,2009,
Land Use/Transportation Committee (LUTe) meeting. He also stated that the Planning Commission needs
to hold elections for chair and vice-chair at their next meeting, planned for February 18,2009.
AUDIENCE COMMENT.
Peter Townsend - He commented that there are more issues that need to be addressed on the
Clearing, Grading, and Tree Retention Code Amendments.
Brant Schweikl, Schweikl and Associates - He stated that he had a project where a costly noise
study was an additional study requested per the director. He asked if subdivisions are vested for
five years, does that mean the CC&R's are no good after five years. He asked if Commissioner
Carlson intended for his amendment to slopes to limit height and not length.
Mr. Beckwith replied that the CC&R's would be a valid document, but city requirements may supersede
them. Commissioner Carlson agreed that he did intend to limit the height and not the length of slopes. Mr.
Fewins commented that he will ensure the LUTC is aware that height and not length was intended.
ADJOURN
The meeting was adjourned at 9:00 p.m.
KIPlanning Commission\2009\Meeting Summary 02-04-09.doc
DRAFT
COUNCIL MEETING DATE: March 17,2009
ITEM
e._
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: JURISDICTIONAL TRANSFER - FOREST PRACTICES ApPLICATION REVIEW
POLICY QUESTION: Should the City of Federal Way take over regulation of Forest Practice Class IV -General applications
within the City of Federal Way
COMMITTEE: Land Userrransportation Committee (LUTC)
CATEGORY:
MEETING DATE: February 23,2009
o Consent
o City Council Business
[8J Ordinance
o Resolution
o
o
Public Hearing
Other
STAFF REPORT By: Janet Shull, AICP, Senior Planner
DEPT: Community Development
Background: Taking over regulation of Forest Practice Class IV-General applications within the City of Federal Way is
considered part of the overall code amendments related to Clearing, Grading, and Tree and Vegetation Retention.
Attachments: (I) Draft Adoption Ordinance establishing intent to take over regulation of Class IV-General Forest Practices
applications; (2) Copy of Planning Commission staff reports for the September 19, 2007, November 7, 2007, and January 16,
2008, Study Sessions; and November 5,2008, November 19, 2008, January 7,2009, January 21,2009, and February 4,2009
Public Hearings (the staff reports are located in a binder in the City Council offices); (3) Minutes of the Planning
Commission September 19, 2007, November 7, 2007, and January 16, 2008, Study Sessions; and November 5, 2008,
November 19, 2008, January 7, 2009, and January 21, 2009, Public Hearings (minutes are located in a binder in the City
Council offices); and (4) Draft Minutes of the February 4,2009, Planning Commission Public Hearing
Options Considered: 1. Approve recommendation to assume jurisdiction for Forest Practices Class IV - General
applications as recommended by the Planning Commission; 2. Do not approve the proposed assumption of jurisdiction for
Forest Practices Class IV-General applications; or 3. Table or defer action on assuming jurisdiction for Forest Practices Class
IV-General applications.
.-..-. ............ ......-...-.---- ...........................-.--......................-........-.-........._.._-_..__..._._-_.._......_-_.~-_....__..._.._....__._._...-..............-.... .....--.................-.......--.........................-...--....-"--'....-.--..-.
STAFF RECOMMENDATION: Approval of Option I; assumption of jurisdiction for Class IV-General Forest Practices
applications as recommended by the Planning Commis .
CITY MANAGER ApPROVAL:
~
Committee
DIRECTOR ApPROVAL:
~
Committee
~
Council
COMMITTEE RECOMMENDATION: Forward Option ; adopt the Planning Commission's recommendation to assume
j",~dic'ion fot CIa" IV -Gene,.1 Fo",,' Prnctices Z ~~n M=h 17, 2009, fo, fus, read;ng.
DIni Duclos, Member
PROPOSED COUNCIL MOTlON(S):
1ST READING OF ORDINANCE (March 17,2009): H[ move to forward the ordinance to a second reading for enactment on
the April 7. 2009. consent agenda. "
2ND READING OF ORDINANCE (April 7, 2009): H[ move approval of the LUTC 's recommendation that the City of Federal
Way assume jurisdiction for Class [V-General Forest Practices applications. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
o APPROVED
o DENIED
o TABLEDIDEFERRED/NO ACTION
o MOVED TO SECOND READING (ordinances only)
REVISED - 02/06/2006
COUNCIL BILL #
t" reading
Enactment reading
ORDINANCE #
RESOLUTION #
K:\2008 Code Amendments\Trees, Vegetation, & Grading\LUTC\Agenda Bill 4 Ordinance forest practice.doc
DRAFT
CITY OF FEDERAL WAY
PLANNING COMMISSION
February 4, 2009
7 :00 p.m.
City Hall
Council Chambers
MEETING MINUTES
Commissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Tom Medhurst,
Sarady Long, and Tim O'Neil. Commissioners absent: none. Staff present: Community Development
Services Director Greg Fewins, Senior Planner Margaret Clark, Senior Planner Janet Shull, Assistant City
Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety.
Chair Pfeifer called the meeting to order at 7:00 p.m.
ApPROVAL OF MINUTES
Commissioner Bronson moved (and it was seconded) to approve the minutes of January 7,2009, and
January 21, 2009 as written. The motion carried unanimously.
AUDIENCE COMMENT
None
ADMINISTRATIVE REpORT
Mr. Fewins announced that at the February 18,2009, Planning Commission meeting we will hold our
Annual Appreciation Dinner. The dinner will start at 6:00 p.m. and will take place in the Dash Point
Conference Room. The regular meeting will start at 7:00 p.m. in the Council Chambers. There will be two
public hearings: one on the use of recreational vehicles for temporary occupancy and the second is on
construction hours (the Commission held a public hearing on the construction hours and the LUTC sent it
back to Commission). In addition, there will be a study session on the 2009 work program.
Mr. Fewins stated that the reorganization of the Federal Way City Code (FWCC) becomes effective
February 9,2009. The codified version should be ready in about a month. He asked Commissioners if they
want a hard copy of the new code or ifthey would be willing to access it through the website.
Commissioner Hope would like a hard copy. Commissioner Bronson suggested a CD, but is willing to use
the website. The other Commissioners are willing to access the code through the website. Commissioner
Carlson stated that the tables on the website are difficult to read and understand. Mr. Fewins replied he
would look into this issue.
COMMISSION BUSINESS
PUBLIC HEARING Continued - Clearing, Grading, and Tree Retention Code Amendments
Ms. Shull delivered the staff report. She focused on the changes made since the January 21 st meeting. On
January 30,2009, staff issued a final staff draft and it is this document that is being considered at tonight's
meeting. There are two recommendations that staff has received numerous comments to change, namely
limiting the artificial slope gradient to 3: 1 and limiting the height of single-family retaining walls to four
feet and multi-family/commercial retaining walls to six feet. After careful review of these comments, staff
has concluded that the recommendations will not be changed. The meeting was opened for public comment.
K:IPlanning Commissionl2009lMeeting Summary 02-Q4-09.doc
Planning Conunission Minutes
Page 2
February 4, 2009
Peter Townsend - He commented that he does understand the Commission is frustrated and feels
the proposed amendments should be moved on, but he and other citizens are frustrated because
they have only recently learned about this issue and are attempting to understand some 40 pages of
proposed changes. This issue will affect thousands of homeo\Vl1ers. There are issues he feels have
not been adequately discussed, but feels this is not the time to bring them up since the Commission
wants to move the proposed amendments on to the City Council Land/Use Transportation
Committee (LUTC). He suggested that in the future, staff inform homeo\Vl1er associations of all
proposed code amendments.
Paul Gobat - He stated that the minutes of January 7,2009, on page 2, state that the proposed
amendments will not be retroactive and are intended for new lots. The draft does not address this.
The City has not had much input from homeowners on the proposed code amendments. Bellevue
had problems because homeo\Vl1ers did not have much input into some proposed amendments.
Bob Ormsby - He stated that staff has done a good job. Please clarify whether the proposed code
amendments will allow a homeo\Vl1er to maintain their view. He has lived in a house where he lost
his view because trees in the green belt grew high enough to obscure the view. What impact would
the proposed code amendments have on a homeo\Vl1er who remodels and changes the footprint?
Paul Lymberis, Quadrant - He asked the Commissioners to look at Exhibit D, which is two
examples of slopes comparing 3:1 to 2:1 slopes. His concern is that given the small nature of the
change, why should he have to go through a modification process. The 2: 1 slopes could be
required to meet regulations for steep slopes and he asked the Commission to encourage staff to
make this change.
Brant Schweikl, Schweikl and Associates - He asked that if the proposed amendments are adopted,
that a report be prepared after they have been in use for a while to ascertain if the proposed
amendments work or not. He suggested the report include how many modifications are requested
and if they are approved or not.
Commissioner Carlson stated that in regards to the 2:1 versus 3: 1 slopes, his inclination was to agree with
the staff recommendation. However, after reviewing Exhibit D on slopes and what has been said tonight,
he feels that a 2: 1 slope at a limited, short height would be acceptable.
Commissioner Carlson asked staff if a covenant allows topping and if the city does not, which regulations
would take precedence? Mr. Beckwith replied that covenants are private agreements between homeo\Vl1ers
and city regulations take precedence over covenant regulations.
Mr. Carlson noted that on page 14 of Exhibit A (proposed amendments), item 22-XXX3(9)(c) deals with
tree and vegetation removal and storm- and groundwater and states that removal "... will not change the
quality, quantity, or velocity of stormwater or groundwater." Any kind of clearing and grading will
increase the quantity of runoff, so the word "quantity" should be deleted.
Chair Pfeifer asked Mr. Lymberis what he would say the height should be for a 2: 1 slope. Mr. Lymberis
commented that he doesn't know the magic number, but ten feet seems to make the most sense because it
fits the current code. Comment has been made in the past that a 3:1 slope is easier to maintain; Mr.
Lymberis commented that not all slopes are intended to be maintained.
Commissioner Medhurst commented that in regards to slopes, the proposed amendments should
accommodate the most common exceptions. He also commented that the definition of topping could allow
one to limb a tree from the bottom up and the definition should be changed.
K:\Planning Commission\2009\Meeling Sunvnary 02-04-09.doc
DRAiM
Planning Conunission Minutes
Page 3
February 4, 2009
Commissioner Medhurst is concerned that with a 5% administrative cash deposit for bonds, because as the
amount a bond increases, so will the administrative deposit. He does not feel a more expensive bond
requires a more expensive administrative deposit and suggested that the administrative cash deposit be a
fixed fee. In regards to retaining walls, it is stated that an exemption may be made to allow a higher wall,
but it would have to lead to a "better result." What is meant by a "better result" and how could staff apply
this equitably?
Ms. Shull replied that the 5% administrative cash deposit was chosen because this type of bonds is not
expected to be expensive. However, she understands the concern and staff is willing to consider the
suggestion. As far as using the phase "better result" for allowing an exemption for retaining walls, staff
wants to have flexibility in the code and since it is not possible to know all contingencies, it was felt this
phase would allow for flexibility. The "better result" would be based on aesthetics or saving open space.
Commissioner O'Neil asked Ms. Shull to explain the modification process; he is concerned regarding
timing of a modification, not wanting it to delay a project. Ms. Shull first clarified that a modification is not
a variance. A variance takes more time and effort and requires a hearing examiner hearing. The type of
development standards the city currently grants modifications to include right-of-way projects, landscaping,
and parking. Generally it will become apparent during the preapplication whether a modification may be
wanted or not. The applicant submits a letter to the director requesting the modification explaining what is
wanted and why. Any supporting documentation is included with the letter. The director will issue a
recommendation on the modification request by letter. The process can take from a few days to perhaps a
month or two depending upon the complexity of the request. Regardless, as long as the applicant requests
the modification while their project application is being processed, the recommendation for the modification
request will be completed before the project application process.
Commissioner Elder commented that she has spent a great deal of time considering the slope issue. She
went to another city to view how they handle slopes. She has decided that she does not support the staff
recommendation for slopes, but she does support the staff recommendation for fence height.
Commissioner Bronson commented that on page 2 of Exhibit A, item 20-83(b)(29), it states that the
applicant may be asked for additional information at the discretion of the director. This concerns him
because there is no limit on what the director may ask for and it could increase the cost and time to process
the application. Ms. Shull replied that requirement is there because staff cannot anticipate all information
that may be needed to process the application.
Commissioner Bronson commented that on page 14 of Exhibit A, item 22-XXX3(9)(d), seems to indicate
that a permit is required to remove trees and vegetation. Mr. Fewins commented that removal of trees and
vegetation on a residential lot does not require city approval or permission if it meets the criteria stated in
subsections a - c of that section.
Commissioner Long asked if there is a fee for a modification request. Mr. Fewins replied there is no fee.
Commissioner Long asked if a homeowner is granted a modification and his neighbor wants the same
modification, does the neighbor have to submit a modification request. Ms. Shull replied that the neighbor
will need to apply for a modification so that there is an official record of the request and approval.
Commissioner O'Neil asked ifhe was to remove a tree from his backyard, how this would affect the tree
unit per acre requirement. Ms. Shull replied that if removing the tree would put you below the tree unit per
acre requirement, then you would need to replace the tree. Be aware that for an already developed lot, you
would only need to replace to the point you are currently. For example, if to meet the tree unit per acre
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requirement your lot would need five trees but currently you have three, you do not need to plant two more
trees. In addition, if you were to remove one of your three trees, you would only need to replace one tree,
you would not have to bring the number up to five. Commissioner Medhurst asked what if I want to
replace with a different type of tree. Ms. Shull replied that city will have a wide-range list of acceptable
replacement trees. In addition, one can request a modification.
Commissioner Carlson asked staff to clarifY that a parcel part of an approved subdivision would not be
subjectto the proposed amendments. Mr. Fewins commented that per state law, a final subdivision is
vested for five years and any development within the subdivision after those five years is subject to the
current code.
Commissioner Carlson asked staff to speak to the topic of topping. Ms. Shull responded that the city does
not have a tree topping standard. Topping is not the same as pruning and arborists say that topping almost
always leads to the death of the tree. For this reason, in the proposed amendments the city considers
topping the same as removing a tree.
Commissioner O'Neil asked if someone cuts down a tree and thereby no longer meets the tree unit per acre
requirement, how would the city know. Mr. Fewins replied that the city's code enforcement is a complaint
based, meaning that unless your neighbor files a compliant, the city will not know.
Commissioner Bronson moved (and it was seconded) to adopt the proposed code amendments as written
and send them on to the LUTC recommending approval.
Commissioner Elder commented that she favors a 2: 1 slope. Commissioner Carlson agreed, but also feels
the height or length should be limited to six feet. Commissioner Bronson stated that a 2: 1 slope should be
acceptable and the city can encourage developers to design 3: I slopes. Commissioner Carlson stated that
engineers should be able to design aesthetically pleasing 2: I slopes. Commissioner Elder commented that
properties are developed to be sold and engineers know what will and will not sell and they say 2: I slopes
will sell. Commissioner O'Neil stated that he understands both the staffs and developer's views and feels
that as long as the modification process is not onerous, 3: 1 slopes are acceptable. Commissioner Medhurst
commented he is in favor of 2: 1 slopes. Commissioner Carlson moved (and it was seconded) to amend the
motion by amending section 22-XX15 to provide for 2:1 slopes with length of no greater than six feet.
Commissioner Bronson commented he doesn't see a need for the six-foot length limit. The vote was held
on the amendment to the motion with two opposed and five in favor; the amendment to the motion carried.
Itwas pointed out to staff that on page 14 of Exhibit A, there are two sections numbered 9.
Commissioner Medhurst commented that the bond deposit should be on a sliding scale. Commissioner
Medhurst moved (and it was seconded) to amend the motion on the floor to modifY Division 3 section 22-
XX33 paragraph 3 to include language consistent with existing bond cash deposits to be applied on a
sliding scale. The vote was held with seven in favor; the amendment to the motion carried.
Commissioner Carlson moved (and it was seconded) to amend the motion by removing the word
"quantity" from section 22-XXX3(9)(c). The vote was held with seven in favor; the amendment to the
motion carried.
The vote was held on the original motion to adopt the proposed code amendments as written and send
them on to the LUTC recommending approval as amended. The vote was held with seven in favor; the
motion as amended carried.
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ADDITIONAL BUSINESS
Commissioner Pfeifer thanked the staff for all the work they did on the Clearing, Grading, and Tree
Retention Code Amendments. He appreciated that staff involved the Master Builders Association,
homeowners, developers, and engineers and that staff listened to them and made some changes based on
what they heard.
Mr. Fewins commented that staff intends to present the proposed amendments at the February 23,2009,
Land Use/Transportation Committee (LUTC) meeting. He also stated that the Planning Commission needs
to hold elections for chair and vice-chair at their next meeting, planned for February 18, 2009.
AUDIENCE COMMENT
Peter Townsend - He commented that there are more issues that need to be addressed on the
Clearing, Grading, and Tree Retention Code Amendments.
Brant Schweikl, Schweikl and Associates - He stated that he had a project where a costly noise
study was an additional study requested per the director. He asked if subdivisions are vested for
five years, does that mean the CC&R's are no good after five years. He asked if Commissioner
Carlson intended for his amendment to slopes to limit height and not length.
Mr. Beckwith replied that the CC&R's would be a valid document, but city requirements may supersede
them. Commissioner Carlson agreed that he did intend to limit the height and not the length of slopes. Mr.
Fewins commented that he will ensure the LUTC is aware that height and not length was intended.
ADJOURN
The meeting was adjourned at 9:00 p.m.
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CITY OF FEDERAL WAY
ORDINANCE NO. 09-
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
RELATING TO FOREST PRACTICES REGULATIONS; ADDING NEW
SECTIONS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE
XIII, DIVISION 7 [FWRC 19.120].
WHEREAS, the City recognizes the need to periodically modify the Federal Way City Code Chapter
22, "Zoning," in order to conform to state and federal law, codify administrative practices, clarify and
update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the
development review process; and
WHEREAS, it is in the public interest for the City Council to adopt regulations allowing for the
transfer of jurisdiction of Class IV -General forest practices applications that pertain to the conversion of
forest land to developed conditions within the City of Federal Way; and
WHEREAS, the transfer of jurisdiction of Class IV -general forest practices applications will help
implement companion code amendments pertaining to Clearing, Grading and Tree and Vegetation
Retention; and
WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the Federal
Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and
WHEREAS, the Planning Commission conducted public workshops on these code amendments on
September 19,2007, November 7,2007, and January 16,2008; and
WHEREAS, the Land Use/Transportation Committee of the City Council of the City of Federal Way
conducted a study session on these code amendments on February 25,2008; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on October 25,2008, and no comments or appeals were received and the DNS was finalized on
November 24, 2008; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code
amendments on November 5,2008, and continued to November 19,2008, January 7, 2009, January 21,
2009, and February 4,2009; and forwarded a recommendation of approval to the City Council; and the
Land Use/Transportation Committee of the Federal Way City Council considered these code amendments
on February 23, 2009, and recommended adoption of the text amendments as recommended by the
Planning Commission;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
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Ordinance No.
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the Proposal:
1. The best interests and general welfare of the City of Federal Way would be served by amending
the zoning code to allow for transfer of jurisdiction of review of Class IV-General Forest
Practices applications because:
a. The review of Class IV -General Forest Practices applications would be conducted by City
of Federal Way staff concurrent with the review of clearing and grading plans and tree/
vegetation retention plans; and
b. Approval of Class IV -General Forest Practices applications would run concurrent with
approval of associated land use and/or building permit associated with a project represented
by the forest land conversion to non-forest use; and
c. Timing of the forest practices actions would be tied to the overall site development timeline
approved for the overall project.
2. Since most forest practices within the City of Federal Way are Class IV-General conversions of
forest land to a developed non-forest use, taking over jurisdiction for approval of these actions
will simplify the review process for project applicants as the forest practices review can be
conducted by city staff along with other permit review requirements.
3. Adoption of the zoning code amendments will help implement comprehensive plan land use
and housing element policies that specify improving upon the permit review process and
maximizing efficiency in the permit review process.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUG 1 Improve the appearance and function of the built environment.
LUP6 Conduct regular reviews of the development regulations to determine how to improve
upon the permit review process.
HP9 Maximize efficiency in the City's development reVIew process and ensure that
unnecessary time delays and expenses are eliminated. Continue to provide streamlined
permitting processes for development that is consistent with the FWCP and FWCC, and that
has no adverse impacts.
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Ordinance No.
NEGI To preserve the City's natural systems in order to protect public health, safety, and
welfare, and to maintain the integrity of the natural environment.
NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging
community development patterns and site planning that maintains and complements natural
landforms.
NEPl8 The City shall maintain regulations and standards to carry out the Surface Water
Management Comprehensive Plan's policy of restricting stormwater runoff from all new
development and redevelopment in order to minimize the potential for flooding and stream
bank erosion, and preserve and enhance development and redevelopment. City policies,
regulations, and standards will meet the comprehensive stormwater program requirements of
the Puget Sound Plan, and will comply with NPDES permit requirements as applicable.
CAl3 (Countywide Planning Policy) All jurisdictions shall regulate development on certain
lands to protect public health, property, important ecological and hydrogeological functions,
and environmental quality, and to reduce public costs. The natural features of these lands
include: a) Slopes with a grade greater than 40 percent; b) Severe landslide hazard areas; c)
Erosion hazard areas; d) Mine hazard areas; and e) Seismic hazards. Regulations shall
include, at a minimum, provisions for vegetation retention, seasonal clearing and grading
limits, setbacks, and drainage and erosion controls.
NEG9 Adopt standards to ensure against the loss of both public and private property in
geologically hazardous areas.
2. The proposed FWCC text amendment bears a relationship to the public health, safety, and
welfare because it because it establishes more prescriptive standards for clearing, grading, and
retention of trees and vegetation during land development activities. Implementation of the code
amendments will result in development that gives better consideration for natural site conditions
and greater amount of tree and vegetation retention on a citywide basis.
And
3. The proposed amendment is in the best interest of the residents of the City because site
development proposals will be required to more cohesively address proposed site clearing and
grading, and tree/vegetation retention as part of the permit review process.
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Ordinance No.
Section 3. New sections. New sections are added to FWCC chapter 22, article XIII, division 7
[FWRC 19.120] as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto. The
codifiers of this ordinance shall update section numbers, titles, format, and style consistent with the
direction in Resolution 07-509 and 09-539 to conform to the Federal Way Revised Code.
Section 6. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same
sections as does this one, specifically Ordinance No 09-_ relating to land modification including
clearing, grading, and tree and vegetation retention; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended to
repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other
ordinance or resolution.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall be effective thirty (30) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the: day of , 2009.
APPROVED:
Mayor, Jack Dovey
ATTEST:
City Clerk, Carol McNeilly
Ordinance No.
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ApPROVED AS TO FORM:
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE No:
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EXHIBIT A
FOREST PRACTICES REGULATIONS
Chapter 22, Zoning
Article XIII, Division 7. [FWRC Chapter 19.120] LaRd 1\fadifieatioRs Clearim~. Gradine. and
Tree and Veeetation Retention
Division 1. Purpose. Applicability. and Application Requirements
22-XXXl Purpose.
The purpose of this Article is:
(1) To promote the public health, safety, and welfare of the citizens of Federal Way without
preventing the reasonable development of land.
(2) To promote building and site planning practices that are consistent with natural topographv, soils,
and vegetative features, and minimize disturbance to vegetation and soils.
(3) To preserve and enhance the city of Federal Way's phvsical and aesthetic character by preventing
untimely and indiscriminate removal or destruction of trees and vegetation and preserving important
landscape characteristics that define aesthetic character, such as trees, important vegetation species, and
unique landforms or other natural features to the maximum extent possible.
(4) To establish and maintain the urban tree canopy and its benefits including:
i. Moderating the effects of wind and temperature:
ii. Minimizing the impacts of impervious surfaces:
iii. Stabilizing and enriching the soil:
iv. Improving air quality:
v. Improving water quality:
vi. Masking unwanted sound;
vii. Providing visual relief and screening buffers;
viii. Providing recreational benefits:
ix. Enhancing the economic value of developments; and
x. Preserving and enhancing a valuable asset to the community as a whole.
( 5) To establish procedures and review criteria for approval of Class IV -General forest practices.
($-.6) To encourage site development, including clearing, excavation, and filling, in such a manner as
to minimize hazards to life, health, and property.
(61) To minimize surface water and ground water run-off and diversion which may contribute to
increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies.
GID To minimize the need for additional storm drainage facilities.
@2) To protect fish, wildlife, and their habitats bv promoting the retention and restoration of
vegetation in habitat areas.
(910) To insure prompt development, restoration, replanting, and effective erosion control ofpropertv
after land clearing and grading.
22-XXX2 Applicabilitv.
(a) This article shall not apply to development proposals that submitted a complete application prior
to the effective date of Ordinance 09-XXX.
(b) Clearing and Grading Plan Approval Required. No person, shall remove any trees, make changes
or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration
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in the city of Federal Way without first obtaining approval of a clearing and grading plan by the director:
except for those activities that are exempt as described in FWCC 22-XXX3.
(c) Tree and Vegetation Retention Plan Approval Required. No person shall remove anv trees on a
site without first obtaining approval of a tree retention plan bv the director: except for those activities that
are exempt as described in FWCC 22-XXX3. Tree and ve!!etation removal mav also reauire Class IV-
General Forest Practices application approval as administered bv the city of Federal Wav per FWCC 22-
XX23 et sea.
(d) Application Review Process
(I) Activities requiring clearing and grading plan approval: tree and vegetation retention plan
approval: and/or Class IV -General forest practices application shall be reviewed and approved in
coni unction with the underlving building or land development permit application associated with the
proposed activity(ies).
(2) Proposed clearing, grading, and/or tree and vegetation removal activities that are not
associated with a proposed building or land development activity, nor exempt per FWCC 22-XXX3, mav
be approved through Process III, subject to the following criteria:
(i) Except as allowed under this chapter, it will not alter or adverselv affect streams, lakes,
wetlands, or geologically hazardous areas, either on or off the subject property.
(ii) It will not violate anv express policv of the city.
(iii) It meets at least one of the following criteria:
a. It is necessary to correct an erosion or drainage problem on an undeveloped site.
b. It is necessary to create new utility or access corridors.
c. Other unusual circumstances exist which make it reasonable to permit clearing, grading,
and/or tree and vegetation removal in advance of the issuance of a development permit, subdivision, or
short subdivision approval, or shoreline substantial development permit.
Division 4. Forest Practices Rel!ulations
22-XX23 Authoritv.
This division is established to regulate Forest Practices - Class IV-General pursuant to RCW 76.09
and WAC 222-20.
22-XX24 Relationship to Chapter 76.09 RCW.
a. The application of this chapter to forest practice activities regulated bv the Washington State Forest
Practices Act (Chapter 76.09 RCW) shall be limited to Class IV - General forest practices.
b. This division is intended to allow the city of Federal Wav to assume jurisdiction for approval of
Class IV - General forest practices approvals, occurring in the city of Federal Wav, as authorized under
the Washington State Forest Practices Act, Chapter 76.09 RCW. The city will act as the State
Environmental Policy Act (SEP A) lead agencv for all Class IV - General forest practice approvals
occurring within the city limits.
22-XX26 Forest practice application requirements.
(a) General Requirements.
(1) A Class IV-General application shall be approved based on an approved clearing and grading
plan and tree and vegetation retention plan and prior to conducting forest practices on the proiect site.
(2) All Class IV -General applications shall describe the harvest method, including type of
equipment to be used and the expected dates of commencement and completion of all harvest activities.
(b) Review Criteria.
(1) Class IV -General forest practices shall comply with all applicable regulations and standards as
adopted by the city.
(2) Class IV -General forest practices shall complv with the conditions of approval established
through the associated development permit or approval.
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22-XX27 Time limitations - Expiration of approvals.
A Class IV -General approval shall be valid for two consecutive years following the date of issuance
unless a longer time period has been established through an associated approval (e.g., preliminary plat
approval, land use approval, building permit, etc.) in which case the time limits applicable to the
associated approval shall apply.
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