ORD 09-611
CITY OF FEDERAL WAY
ORDINANCE NO. 09-611
AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON,
RELATING TO FOREST PRACTICES REGULATIONS; ADDING NEW
SECTIONS TO FEDERAL WAY CITY CODE (FWCC) CHAPTER 22, ARTICLE
XIII, DIVISION 7 [FWRC 19.120].
WHEREAS, the City recognizes the need to periodically modify the Federal Way City Code Chapter
22, "Zoning," in order to conform to state and federal law, codify administrative practices, clarify and
update zoning regulations as deemed necessary, and improve the efficiency of the regulations and the
development review process; and
WHEREAS, it is in the public interest for the City Council to adopt regulations allowing for the
transfer of jurisdiction of Class IV -General forest practices applications that pertain to the conversion of
forest land to developed conditions within the City of Federal Way; and
WHEREAS, the transfer of jurisdiction of Class IV -general forest practices applications will help
implement companion code amendments pertaining to Clearing, Grading and Tree and Vegetation
Retention; and
WHEREAS, this ordinance, containing amendments to the text of Chapter 22 "Zoning," of the Federal
Way City Code (FWCC), has complied with Process VI review pursuant to FWCC Section 22-216; and
WHEREAS, the Planning Commission conducted public workshops on these code amendments on
September 19,2007, November 7,2007, and January 16, 2008; and
WHEREAS, the Land Use/Transportation Committee of the City Council of the City of Federal Way
conducted a study session on these code amendments on February 25,2008; and
WHEREAS, an Environmental Determination of Nonsignificance (DNS) was properly issued for the
Proposal on October 25, 2008, and no comments or appeals were received and the DNS was finalized on
November 24, 2008; and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code
amendments on November 5,2008, and continued to November 19,2008, January 7,2009, January 21,
2009, and February 4, 2009; and forwarded a recommendation of approval to the City Council; and the
Land Use/Transportation Committee of the Federal Way City Council considered these code amendments
on February 23, 2009, and recommended adoption of the text amendments as recommended by the
Planning Commission;
Now, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY DOES HEREBY ORDAIN AS
FOLLOWS:
Ordinance No. 09-611
Page 1 of8
Section 1. Findings. The City Council of the City of Federal Way makes the following findings with
respect to the Proposal:
1. The best interests and general welfare of the City of Federal Way would be served by amending
the zoning code to allow for transfer of jurisdiction of review of Class IV-General Forest
Practices applications because:
a. The review of Class IV -General Forest Practices applications would be conducted by City
of Federal Way staff concurrent with the review of clearing and grading plans and tree/
vegetation retention plans; and
b. Approval of Class IV -General Forest Practices applications would run concurrent with
approval of associated land use and/or building permit associated with a project represented
by the forest land conversion to non-forest use; and
c. Timing of the forest practices actions would be tied to the overall site development timeline
approved for the overall project.
2. Since most forest practices within the City of Federal Way are Class IV-General conversions of
forest land to a developed non-forest use, taking over jurisdiction for approval of these actions
will simplify the review process for project applicants as the forest practices review can be
conducted by city staff along with other permit review requirements.
3. Adoption of the zoning code amendments will help implement comprehensive plan land use
and housing element policies that specify improving upon the permit review process and
maximizing efficiency in the permit review process.
Section 2. Conclusions. Pursuant to FWCC Sections 22-216 and 22-528, and based upon the Findings
set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with
respect to the decisional criteria necessary for the adoption of the proposed amendments:
1. The proposed FWCC text amendments are consistent with, and substantially implement, the
following Federal Way Comprehensive Plan goals and policies:
LUGl Improve the appearance and function of the built environment.
LUP6 Conduct regular reviews of the development regulations to determine how to improve
upon the permit review process.
HP9 Maximize efficiency in the City's development reVIew process and ensure that
unnecessary time delays and expenses are eliminated. Continue to provide streamlined
permitting processes for development that is consistent with the FWCP and FWCC, and that
has no adverse impacts.
Ordinance No. 09-611
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NEG 1 To preserve the City's natural systems in order to protect public health, safety, and
welfare, and to maintain the integrity of the natural environment.
NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging
community development patterns and site planning that maintains and complements natural
landforms.
NEP18 The City shall maintain regulations and standards to carry out the Surface Water
Management Comprehensive Plan's policy of restricting stormwater runoff from all new
development and redevelopment in order to minimize the potential for flooding and stream
bank erosion, and preserve and enhance development and redevelopment. City policies,
regulations, and standards will meet the comprehensive stormwater program requirements of
the Puget Sound Plan, and will comply with NPDES permit requirements as applicable.
CAB (Countywide Planning Policy) All jurisdictions shall regulate development on certain
lands to protect public health, property, important ecological and hydrogeological functions,
and environmental quality, and to reduce public costs. The natural features of these lands
include: a) Slopes with a grade greater than 40 percent; b) Severe landslide hazard areas; c)
Erosion hazard areas; d) Mine hazard areas; and e) Seismic hazards. Regulations shall
include, at a minimum, provisions for vegetation retention, seasonal clearing and grading
limits, setbacks, and drainage and erosion controls.
NEG9 Adopt standards to ensure against the loss of both public and private property in
geologically hazardous areas.
2. The proposed FWCC text amendment bears a relationship to the public health, safety, and
welfare because it because it establishes more prescriptive standards for clearing, grading, and
retention of trees and vegetation during land development activities. Implementation of the code
amendments will result in development that gives better consideration for natural site conditions
and greater amount of tree and vegetation retention on a citywide basis.
And
3. The proposed amendment is in the best interest of the residents of the City because site
development proposals will be required to more cohesively address proposed site clearing and
grading, and tree/vegetation retention as part of the permit review process.
Ordinance No. 09-611
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Section 3. New sections. New sections are added to FWCC chapter 22, article XIII, division 7
[FWRC 19.120] as set forth in the attached Exhibit A.
Section 4. Severability. The provisions of this ordinance are declared separate and severable. The
invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the
invalidity of the application thereof to any person or circumstance, shall not affect the validity of the
remainder of the ordinance, or the validity of its application to any other persons or circumstances.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto. The
codifiers of this ordinance shall update section numbers, titles, format, and style consistent with the
direction in Resolution 07-509 and 09-539 to conform to the Federal Way Revised Code.
Section 6. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same
sections as does this one, specifically Ordinance No 09-610 relating to land modification including
clearing, grading, and tree and vegetation retention; changes made in this ordinance are intended to be in
addition to any changes made by any other ordinance or resolution, this ordinance is not intended to
repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other
ordinance or resolution.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance shall be effective thirty (30) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way at a regular meeting of the City Council on
the 7 day of April 2009.
APPROVED:
ATTEST:
Ordinance No. 09-611
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APPROVED AS TO FORM:
faA:/f ~
City Attorney, Patricia A. Richardson
FILED WITH THE CITY CLERK: 03-10-2009
PASSED BY THE CITY COUNCIL: 04-7-2009
PUBLISHED: 04-11-2009
EFFECTIVE DATE: 05-11-2009
ORDINANCE No: 09-611
Ordinance No. 09-611
Page 5 of8
EXHIBIT A
FOREST PRACTICES REGULATIONS
Chapter 22, Zoning
Article XIII, Diyision 7. [FWRC Chapter 19.120] LaRd l\fadifieatioBs Clearin2, Gradin2, and
Tree and Ve2etation Retention
Division I, Purpose, Applicability, and Application Requirements
22-XXXl Purpose.
The purpose ofthis Article is:
(1) To promote the public health, safety, and welfare ofthe citizens of Federal Way without
preventing the reasonable development of land.
(2) To promote building and site planning practices that are consistent with natural topography, soils,
and vegetative features, and minimize disturbance to vegetation and soils.
(3) To preserve and enhance the city of Federal Way's physical and aesthetic character by preventing
untimely and indiscriminate removal or destruction of trees and vegetation and preserving important
landscape characteristics that define aesthetic character, such as trees, important vegetation species, and
unique landforms or other natural features to the maximum extent possible.
(4) To establish and maintain the urban tree canopy and its benefits including:
i. Moderating the effects of wind and temperature:
ii. Minimizing the impacts of impervious surfaces:
Hi. Stabilizing and enriching the soil:
iv. Improving air quality:
v. Improving water quality:
vi. Masking unwanted sound:
vii. Providing visual relief and screening buffers:
viii. Providing recreational benefits:
ix. Enhancing the economic value of developments: and
x. Preserving and enhancing a valuable asset to the community as a whole.
(5) To establish procedures and review criteria for approval of Class IV -General forest nractices.
(~6) To encourage site development, including clearing, excavation, and filling, in such a manner as
to minimize hazards to life, health, and property.
(67) To minimize surface water and ground water run-off and diversion which may contribute to
increased instability, sedimentation, or turbidity in streams, lakes, or other water bodies.
ffi) To minimize the need for additional storm drainage facilities.
.@2) To protect fish, wildlife, and their habitats by promoting the retention and restoration of
vegetation in habitat areas.
(910) To insure prompt develo?ment. restoration, replanting, and effective erosion control of property
after land clearing and grading.
22-XXX2 Applicability.
(a) This article shall not apply to development proposals that submitted a complete application prior
to the effective date of Ordinance 09-XXX.
(b) Clearing and Grading Plan Approval Required. No person, shall remove any trees, make changes
or cause changes to be made in the surface of any land by clearing, grading, filling, or drainage alteration
Ordinance No. 09-611
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in the city of Federal Way without first obtaining approval of a clearing and grading plan by the director;
except for those activities that are exempt as described in FWCC 22-XXX3.
(c) Tree and Vegetation Retention Plan Approval Required. No person shall remove any trees on a
site without first obtaining approval of a tree retention plan by the director; except for those activities that
are exempt as described in FWCC 22-XXX3. Tree and ve!!etation removal mav also reauire Class IV-
General Forest Practices aoolication aooroval as administered bv the city of Federal Wav oer FWCC 22-
XX23 et sea.
(d) Application Review Process
(1) Activities requiring clearing and grading plan approval; tree and vegetation retention plan
approval; and/or Class IV -General forest practices application shall be reviewed and approved in
conjunction with the underlying building or land development permit application associated with the
proposed activity(ies).
(2) Proposed clearing, grading, and/or tree and vegetation removal activities that are not
associated with a proposed building or land development activity, nor exempt per FWCC 22-XXX3, may
be approved through Process III, subject to the following criteria:
(i) Except as allowed under this chapter, it will not alter or adversely affect streams. lakes,
wetlands, or geologically hazardous areas, either on or off the subject property.
(ii) It will not violate any express policy of the city.
(iii) It meets at least one of the following criteria:
a. It is necessary to correct an erosion or drainage problem on an undeveloped site.
b. It is necessary to create new utility or access corridors.
c. Other unusual circumstances exist which make it reasonable to permit clearing. grading.
and/or tree and vegetation removal in advance of the issuance of a development permit. subdivision, or
short subdivision approval. or shoreline substantial development permit.
Division 4~ Forest Practices Rel!ulations
22-XX23 Authority.
This division is established to regulate Forest Practices - Class IV -General pursuant to RCW 76.09
and WAC 222-20.
22-XX24 Relationship to Chapter 76.09 RCW.
a. The application of this chapter to forest practice activities regulated by the Washington State Forest
Practices Act (Chapter 76.09 RCW) shall be limited to Class IV - General forest practices.
b. This division is intended to allow the city of Federal Way to assume jurisdiction for approval of
Class IV - General forest practices approvals, occurring in the city of Federal Way, as authorized under
the Washington State Forest Practices Act, Chapter 76.09 RCW. The city will act as the State
Environmental Policy Act (SEP A) lead agency for all Class IV - General forest practice approvals
occurring within the city limits.
22-XX26 Forest practice application requirements.
(a) General Requirements.
(1) A Class IV-General application shall be approved based on an approved clearing and grading
plan and tree and vegetation retention plan and prior to conducting forest practices on the project site.
(2) All Class IV -General applications shall describe the harvest method, including type of
equipment to be used and the expected dates of commencement and completion of all harvest activities.
(b) Review Criteria.
(1) Class IV -General forest practices shall comply with all applicable regulations and standards as
adopted by the city.
(2) Class IV -General forest practices shall comply with the conditions of approval established
through the associated development permit or approval.
Ordinance No. 09-611
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22-XX27 Time limitations - Expiration of approvals.
A Class IV -General approval shall be valid for two consecutive years following the date of issuance
unless a longer time period has been established through an associated approval (e.g., preliminary plat
approval. land use approval. building permit, etc.) in which case the time limits applicable to the
associated approval shall apply.
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