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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 ",E~~~~:~:'2.mm 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. ORD# , PAGE 1 REV 12/08 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# , PAGE 2 REV 12/08 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# , PAGE 3 REV 12/08 (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# , PAGE 4 REV 12/08 (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# , PAGE 5 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# , PAGE 6 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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(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. 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II)J: ~o <c ::;:O'J Cii" 3" (Rcc CiJ iii" Ii <-I -, CDi 0; :i 0;.' .~. - <' .~ ;D ell .a- c ii :I CD- ::J fit ,...,... . . rJ c: 3' C ,...-.;.. .'..... !/!; ~ CD (RClFf li" ~s:""-C:Z(R ~CD ;'f~cng. 2~ a~i~~f[ !!l icf+;a c ::T 0' ...p:~a~ ::J !!. .. ~ i '< :: I[ f[~g CD. 11)'" 3 CL =E 3' ::J CD Ci'::; ~ rr8 CD o c: m .... ;ac CiJ 5l. ~ 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. 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CD Sl 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. 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W ..... -...I 01 W ..... <0 0') W I\) en 01 w I\) ..... -...I (J'Q W en 0 en en I\) I\) .<0 .!'l ..... en w 0 w w 9 w ..... ., I\) en 01 w W I\) 0') en w 01 ~ ..... I\) 01 ~ 0 w w = 0 01 0 01 01 01 01 0 0 01 01 0 0 0 0 01 0 01 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -...I 01 W ..... en 01 w I\) <0 en .Jl- I\) en 01 w I\) ..... -...I I\) SD .!'l .!'l !D w SJ1 ..j:l. 9 en 01 ..... ~ SJ1 -...I SJ1 ..... ..... s:>> m - ~ I\) I\) 0') en -...I en <0 <0 en ..... -...I -...I ..... -...I ..... I\) 01 0 0 0 01 01 0 01 01 0 0 0 0 01 0 01 0 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 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 ..... w 01 -...I 00 I\) ~ ..... w 0 0 -...I I\) I\) en 0 en <0 I\) 0 01 0 01 0 01 01 0 0 01 01 01 01 01 0 01 01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 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. Ordinance No. Page_of_ 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) Page_of_ 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. Ordinance No. Page_of_ 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. Page_of_ 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. Page_of_ 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 Page I of 65 (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 Page 2 of 65 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 Page 3 of 65 (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 Page 4 of 65 (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 Page 7 of 65 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 Page 8 of 65 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. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments ~ 02/26/2009 Page 9 of 65 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. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments ~ 02/26/2009 Page 10 of65 (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 Page II of65 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 Page 12 of65 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 Page 1301'65 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. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 14 of65 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, Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/2612009 Page 15 of65 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 Page 17 of 65 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 Page 20 of 65 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 Page 23 of 65 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 Page 25 of 65 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 Page 28 of 65 (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 Page 30 of 65 (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. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 52 of 65 (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. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 53 of 65 (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 Page 54 of 65 (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. r;~",~, I. S,"<:."2. Ih.N1JI P_....... ,,*Ihw.~. ""'" R.O.W ~~:~~~ ~~:;~~~~;4 (d., Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 55 of 65 (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. ::'it'III\'l.:;t'I:;".-IP;..1:rl r nll'5.h ~ml ~hll'i!l9li1! aft *'- l.i.i.~lJrc": - ~~L~. ~.z - 16.~4.: rl lo~d"g ~.".. 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 Page 56 of 65 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. T if.u....,:) - ~.::. -:n . . ti'2~ f;;" EIItI..blllloiZ~19 ...,,1ua 1cpC-9RlPhl (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 Page 57 of 65 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. . . . . ,.. . .-.0.. '. '.= ... .',... '. '. : :..<,.11-. ~':.-r-~'''';'''.... '. '0' .g ~. . k .:;'..,.. -r.c'_. J Figure 6 - Sec. 22 - 1635 (b) 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. : 0* lI\0,ro . 0*0 0*", . "'",o*~~' ~ ~~~ 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. ~-.. aa'- ~ ~- ~ i ~ "'-0 'i =' figure R SCl'. 22. 16:1.'1 (11) IocO'poI.ling~nopyllt,ude Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 58 of 65 (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. + I I 1 I' ..."'I.l''''. ~ 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. f":;:m't" .(, . ~'--~'. ~~. J~.\.-; ~~.:' B"'I~II1ll.,"tlJl'li'" ri~ul\' II SlT.;l~ - If..lO:: ':c: I Aeee. i~Ory I;.ll!rnt:tlt'!. ."~'. ~ ~\.... ShOwellM windows FigUf(, 12 - See 22 - 1635 (e) Vertical henis lands.caping ArtwOlk.Mural Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 59 of 65 [illD ~.. m~D..:DD..or ...,..1--1. .'.. .". .. . . . . . . . . -'. T.' Arcl'llteet....l feelures ArchntfurllJ features Mal.rial...."allons landscaped publilc plazas Figun.' 13. Sec_ 22. 1635lC) (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. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 60 of 65 (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 Page 61 of65 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 Page 62 of 65 Fj.111\~ ~.I- Sl:"'~ ).::' - .(,~n (~~ (+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. Exhibit A - Proposed Clearing, Grading, and Tree Retention Code Amendments - 02/26/2009 Page 63 of 65 (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 K\Planning Commissionl2009\Meeting Summary 02-!l4-09.doc DRAFT Planning Commission Minutes Page 4 Febmary 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 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. K: IPlanning Commission\2009\Meeting Surmwy 02-04-09.doc DRAt 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 (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. KIPlanning Commissionl2009lMeeting Summary 02-04-09.doc DRAt' 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: Page_of_ 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. Page_of_ 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. Page_of_ 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. Page_of_ 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 forest practices.doc Ordinance No. Page_of_ 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 Page 1 on 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. Page 2 on 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. K:\2008 Code Amendments\Trees, Vegetation, & Grading\LUTC\Exhibit A forest practices only.doc Page 3 on