Planning Comm PKT 05-06-2009
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City of Federal Way
PLANNING COMMISSION
May 6, 2009
7:00 p.rn.
City Hall
COWlcil Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
April 15, 2009
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
. STUDY SESSION
Federal Way Revised Code Amendments Related to
Adoption of the CWTent Surface Water Design Manual
7. ADDITIONAL BUSINESS
8. AUDIENCE COMMENT
9. ADJOURN
Commissioners
Merle Pfeifer, Chair
Lawson Bronson
Tom Medhurst
Tim 0 ?Veil
Hope Elder, Vice-Chair
Wayne Carlson
Sarady Long
(Alternate)
City Staff
Greg Fewins, CDS Director
Margaret Clark, Senior Planner
E. Tina Piety, Administrative Assistant
253-835-2601
K:\P1anning COIDIIlEsionl2009lAgenda 05-06-09 .doc
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CITY OF FEDERAL WAY
PLANNING COMMISSION
April 15,2009
7:00 p.rn.
City Hall
COlmcil Chambers
MEETING MINUTES
Connnissioners present: Merle Pfeifer, Hope Elder, Lawson Bronson, Wayne Carlson, Sarady Long, and Tim
O'Neil. Connnissioners absent: Tom Medhurst (excused). Staffpresent: Senior Planner Margaret Clark, Traffic
Engineer Rick Perez, Assistant City Attorney Peter Beckwith, Planner Manager Isaac Conlen and Administrative
Assistant Darlene LeMaster.
Chair Pfeifer called the meeting to order at 7:02 p.rn.
ApPROVAL OF MINuTEs
The minutes of March 4,2009, were approved as written.
AUDIENCE COMMENT
None
ADMINISTRATIVE REpORT
None
COMMISSION BUSINESS
PuBLIC HEARING- 2008 Comprehensive Plan Amendments
Margaret Clark delivered the staff report. Ms. Clark sunnnarized the 2008 Comprehensive Plan Amendments
as including housekeeping changes to Chapter 6, "Capital Facilities" and Chapter 10, "Private Utilities," as
well as two citizen-initiated site specific requests for Comprehensive Plan amendments and rezones and one
City-initiated site-specific request for a Comprehensive Plan amendment and rezone. Ms. Clark also noted in
her procedural sunnnary that staff received no connnents for these Comprehensive Plan amendments.
Ms. Clark reviewed all of the 2008 Comprehensive Plan amendments with the connnissioners, stating that the
amendments to Chapters 6 and 10 were housekeeping amendments being made in compliance with the
Growth Management Act (RCW 36.70A070).
Site-specific request #1 is for Federal Way Village, requesting to shift a dividing line between RM 2400 and
BC zoned parcels to add 1.53 acres to the BC-zoned parcels. This request will have no significant impacts_
Site-specific request #2 is for Trinh Nguyen, requesting to change the comprehensive plan designation and
zoning of 13,210 sq. ft. located south ofS 288th St and west of 18th Ave S from Multi-family (RM 3600) to
ConnnWlity Business (BC). Should this request be granted, the applicant wishes to construct a mixed use
building on this site. Any proposed development would be subject to ConcWTency Review and other City
regulations.
K:\P1anning Commissionl2009\Meeling SllIIUDaIy 04-15-09.doc
Planning Commission Minutes
Page 2
April 15, 2009
Site~specific request #3 is a City initiated request to change comprehensive plan designation from Single
Family (RS 7.2) and Multi-family (RM 1800) to Multi-family (RM 3600) to comply with a Settlement
Agreement between the City of Federal Way, City of Des Moines, Granville Southern Corporation and Mr.
and Mrs. Tavis that set out terms of how this property will be developed. Pacific Heights plat covers land in
both Federal Way and Des Moines.
There was one public comment:
Jon Potter, Federal Way Village - Mr. Potter did not have comment but was present to answer any
questions from the Planning Committee.
Regarding site-specific request #3 (pacific Heights), Connnissioner O'Neil asked if this zoning modification
had been approved through the Settlement Agreement between the Cities of Federal Way and Des Moines,
why is this issue before the Planning Connnission?
Regarding site~specific request #1 (Federal Way Village), Chair Pfeifer asked for confirmation of where
roads are planned. Ms. Clark stated that there will be two points of access from S 336th Street and one from
SR 99. The plans for roads stay as-is, the zoning within the parcels is the only change. Chair Pfeifer also
inquired if there were any leads on tenants for this property. Mr. Potter responded, saying there is one
potential anchor for the development. The market will need to recover before development takes place. Mr.
Potter was hopeful that both residential and retail markets will improve soon.
Connnissioner O'Neil asked if the seven-year updates can be cmnulative, so that Planning Connnission is
able to make one major change, rather that reviewing changes so frequently. Ms. Clark commented that staff
retwns to the Planning Connnission annually with requests for comprehensive plan amendments as the code
allows for public requests annually.
Regarding site-specific request #2 (Nguyen), Chair Pfeifer wanted to make sure that the applicant
nnderstands the language in the staff reconnnendation. Also, he asked whether anyone had spoken with
surronnding neighbors and had they been notified Ms. Clark answered that neighbors were notified twice and
that no connnent was received. The applicant stated that they nnderstand the verbiage in the staff
reconnnendation. Connnissioner Long asked if there was any mixed use. tenants west of Nguyen' s property.
Ms. Clark responded that she did not know.
Connnissioner Carlson made a motion to accept the 2008 Comprehensive Plan Amendments as reconnnended by
staff. Connnissioner Elder seconded There was no finther discussion. Motion passed, 6-1; Connnissioner Long
abstaining. Commissioner Long has been a project engineer for Federal Village and wished to recuse himself.
Chair Pfeifer asked is there was any objection to closing the hearing. Hearing none, the hearing was closed
ADDITIONAL BUSINESS
None
AUDIENCE COMMENT
None.
ADJOURN
The meeting was adjourned at 7:39 p.rn.
K:\Planning COIDIIlEsionl2OO9\Meetiog Summary 04-15-09 .doc
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STAFF REPORT TO THE PLANNING COMMISSION
Study Session of May 6, 2009
Proposed NPDES Code Amendments -
Including Adoption of Manuals and Addendums
(City File No. 09-101 238-00-UP, Related File No. 09-101239-00-SE)
Text Amendments to Federal Way Revised Code (FWRC) Title 13, "Buildings"
Chapter 13.15, "Building Construction Standards"
Text Amendments to FWRC Title 14, "Environmental Policy"
Chapter 14.25, "Environmental Policy Statement"
Text Amendments to FWRC Title 16, "Surface Water Management"
Text Amendments to FWRC Title 18, "Subdivisions"
Chapter 18.60, "Subdivision Improvements"
and Text Amendments to FWRC Title 19, "Zoning and Development Code"
Chapter 19.05, "Zoning and Development in General", Chapter 19.130, "Off-Street Parking", Chapter
19.135, "Development Improvements", Chapter 19.125, "Outdoors, Yards and landscaping" and New
Chapter 19.120, "Clearing, Grading and Tree and Vegetation Retention"
I. BACKGROUND
The National Pollutant Discharge Elimination System (NPDES) is a federal permit that regulates
stonnwater 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 series of programmatic and/or regulatory changes over a
five year permit cycle. While the Permit went into effect in February of 2007, the permit phases
implementation requirements through 2012.
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
Plaming Commission Staff Report
NPDES Code Amendments
File No. 09-101 238-00-UP
Page I
the proposed code amendments to address the NPDES Phase II Permit requirements taking effect
on August 16, 2009.
II. PURPOSE OF AMENDMENTS
Amendments to the City of Federal Way codes are proposed to bring the City into compliance
with the NPDES Permit requirements taking effect on August 16,2009. These requirements are
identified in Sections S5C3 - micit Discharge Detection and Elimination and S5C4 - Controlling
Runoff from New Development, Redevelopment and Construction Sites sections of the NPDES
Phase II Permit. These permit requirements include: 1) adopt a stormwater ordinance that
effectively prohibits non-stormwater and illegal discharges to the municipal storm system; 2)
adopt a surface water design manual (the 2009 King COWlty Surface Water Design Manual
(KCSWDM)) as protective as (a.k.a. equivalent to) identified sections of the 2005 Stormwater
Management Manual for Western Washington (DOE Manual); and 3) revise existing regulations
to allow for Low Impact Development Projects.
Adoption of the King County Suiface Water Design Manual and Addendum.
· The KCSWDM is in its final stages (public comment process) of attaining equivalency to the
DOE Manual. Official DOE approval of the KCSWDM as "equivalent" is scheduled for
JWlelJUly of2009.
· The KCSWDM will replace the 1998 KCSWDM cWTently being used by the City.
· The KCSWDM as addended by the City of Federal Way will be used as the regulatory
manual for stormwater review, design and maintenance for all development and
redevelopment projects within the City.
· The 2009 City of Federal Way Addendum to the KCSWDM has been created to ease the use
of the KCSWDM within the City's regulatory framework and to ensure that all the City's
stormwater regulatory requirements remain as protective as they were prior to the adoption of
the KCSWDM.
· The proposed amendments also include adoption of the 2008 King County Stormwater
Pollution Prevention Manual (KCPPM), which is adopted by reference in the KCSWDM.
The KCPPM is a stormwater pollution prevention best management practices (BMP) manual
which provides guidance on a wide variety of stonnwater and water quality BMPs ranging
from residential to commercial practices.
Low Impact Development Code Amendments
· Low impact development (LID) techniques are both structural and nonstructural best
management practices designed to increase stormwater infiltration and treatment on-site.
LID emphasizes the use of natural processes in an effort to mimic the natural hydrologic
cycle. As a result, these techniques can help to restore natural flow rates and improve water
quality in our natural waterways.
· The proposed code amendments are designed to remove regulatory barriers within the City's
existing code to allow for the use of LID techniques on development and redevelopment
projects.
· Under the City's existing regulations, LID is only allowed as a variance to existing codes and
standards and is not permitted outright.
· The proposed code amendments also adopt the 2005 Low Impact Development Technical
Guidance Manual for the Puget Sound, created by the Puget Sound Action Team (now known
as the Puget SOlDld Partnership).
· To clarifY, the proposed code amendments allow for, but do not require the use of LID within
the City. The amendments simply make LID techniques more accessible and easier to use
within the City.
Planning Commission Staff Report
NPDES Code Amendments
File No. 09-1 01 238-00-UP
Page 2
III. SUMMARY OF PROPOSED AMENDMENTS
The Public Works Department staffis proposing text amendments to the Federal Way Revised
Code (FWRC) Chapter 13.15, "Building Construction Standards", Chapter 14.25,
"Environmental Policy Statements", Title 16, "Surface Water Management", Chapter 18.60~
"Subdivision Improvements", Chapter 19.05, Zoning and Development in General", Chapter
19.125, "Outdoors, Yards, and Landscaping", Chapter 19.130, "Off-Street Parking", Chapter
19.135, "Development Improvements" and Chapter 19.120, "Clearing, Grading and Tree and
Vegetation Retention" (refer to Exhibit A).
The principal purpose of these amendments is to meet the requirements of the NPDES Western
Washington Phase II MWlicipal Stormwater Permit. The proposed text amendments have been
developed based on staff evaluation of existing code language relative to KCSWDM and the
NPDES Permit requirements. Staff evaluated alternate manuals for complying with the NPDES
Permit requirements including adoption of the DOE Stormwater Manual and found the
KCSWDM provided the greatest consistency with regional standards, and the City's development
review process, while providing equivalent environmental protection to the DOE manual.
Staff also reviewed Low Impact Development (LID) code language developed with assistance
from the Puget Sound Partnership. [Note: In 2008, the City of Federal Way received an LID grant
fi.om the Puget Sound Partnership. As part of the work fimded by the grant, the City's LID grant
tech meal assistant, AHBL, has provided input on the removal of regulatory barriers to allow for
the use of LID techniques within the City.]
Some of the key provisions of the proposed code amendments include:
· Adoption of the KCSWDM.
· Removal of conflicts and barriers to the implementation of the KCSWDM.
· Amending code language to ensure the adopted codes and manuals are as protective as the
City's existing codes and manuals.
· Amending code language to better link clearing and grading and stonnwater review
requirements.
· Adoption of the KCPPM.
· Adoption of the Low Impact Development Manual.
· Removal of code language barriers to allow for the implementation of LID within the City.
· Adding code language creating a maximum number of parking stalls, as well as allowing
exemptions above the maximum if additional parking stalls are mitigated by LID techniques.
· Amending code language to address NPDES Pennit requirements.
IV. DESCRIPTION OF PROPOSED AMENDMENTS TO FEDERAL WAY REVISED CODE (FWRC)
Provided below is a description of amendments proposed. Refer to Exhibit A for the full proposed
text amendments.
Chapter 13.15, "Building Construction Standards"
1) Amendments
a) Section 13.15.020 "Amendments"
Planning Commission Staff Report
NPDES Code Amendments
File No. 09-101 238-00-UP
Page 3
2) Staff Analysis 0/ "Buildings" Code Amendments
a) Amendments are proposed to better link clearing and grading and stormwater review
requirements.
Chapter 14.25, "Environmental Policy Statement"
1) Amendments
a) Section 14.25.070, "State Environmental Policy Act Policies"
2) Staff Analysis o/Zoning Code Amendments
a) Proposed amendment adopts the 2008 KCPPM as the City's stormwater pollution
prevention BMP manual, replacing the King County Pollution Control Manual.
Title 16, "Surface Water Management"
1) Numerous Amendments
2) Staff Analysis o/Zoning Code Amendments
The proposed code amendments:
a) Define low impact development;
b) Adopt the KCSWDM as addended by the City ofPederal Way as the regulatory manual
for storm water review, design and maintenance for all development and redevelopment
projects within the City;
c) Remove inconsistencies with and barriers to the implementation of the KCSWDM;
d) Ensure the adopted codes and manuals are as protective as the City's existing codes and
manuals;
e) Adopt the KCPPM as the City's stormwater pollution prevention BMP manual,
replacing the King County Pollution Control Manual;
f) Adopt the LID Manual;
g) Remove code language barriers to allow for the implementation of LID within the City;
h) Address other NPDES Permit requirements, including illicit discharge detection and
elimination and prohibition of illegal discharges to stormwater; and
i) Corrects or removes out of date code references.
Chapter 18.60, "Subdivision Improvements"
1) Amendments
a) Section 18.60.050, "Streets and Right-of-Ways"
b) Section 18.60.080, "Storm Drainage"
2) Staff Analysis o/Zoning Code Amendments
a) Proposed code amendment allows for the use of LID techniques within subdivisions.
Planning Commission StatTReport
NPDES Code Amendments
File No. 09-I01238-00-UP
Page 4
b) Proposed code amendments tie the Subdivision code to the Surface Water Management
code and allows for the use of LID.
Chapter 19.05, "Zoning and Development in General"
1) Amendments
a) Section 19.05.120, "L definitions"
2) Staff Analysis of Zoning Code Amendments
a) Proposed code amendment defines low impact development
Chapter 19.125, "Outdoors, YardS and Landscaping"
1) Amendments
a) Section 19.125.070, "Parking Lot Landscaping"
2) Staff Analysis of Zoning Code Amendments
~) Proposed code amendments allow for the use oflow impact development techniques and
encourage the use of native plants in landscaping.
Chapter 19.130, "Off-Street Parking"
1) Amendments
a) Section 19.130.120, ''Number of Spaces"
2) Staff Analysis of Zoning Code Amendments
a) Proposed code amendments establish a maximum number of parking stalls, as well as
allow for exemptions above the indicated maximum, if additional parking stalls are
mitigated by LID techniques.
Chapter 19.135, "Development Improvements" ,
1) Amendments
a) Section 19.135.100, "Exceptions"
2) Staff Analysis of Zoning Code Amendments
a) Proposed code amendments allow for the.use of LID techniques.
Chapter 19.120, "Clearing, Grading and Tree and Vegetation Retention"
1) Amendments
a) Section 19.XXX.3: "Exceptions:'
Planning Commission Staff Report
NPDES Code Amendments
File No. 09-101 238-00-UP
Page 5
b) Section 19.XXX.6, "Review and approval of clearing, grading, and tree/vegetation
retention plans"
2) Staff Analysis of Zoning Code Amendments
a) Proposed code amendments establish a link between the clearing and grading
requirements in this section and in Appendix J of the International Building Code.
b) Proposed code amendments identifies that approvals under this new code section are
subject to the requirements of Title 16, "Surfuce Water Management."
V. PROCEDURAL SUMMARY
April 11, 2009
Issuance of Environmental Determination ofNonsignificance (DNS).
April 27, 2009
SEP A comment period ended. No comments were received.
May 6, 2009
Public notice of the May 20, 2009, Planning COnmllssion public hearing
May 11,2009
SEP A appeal period ends.
May 20, 2009
Public Hearing of proposed code amendments.
VI. DECISIONAL CRITERIA
FWRC Section 19.80.130 provides decisional criteria for development regulation amendments.
The following section analyzes the compliance of the proposed text amendments with the criteria
provided by FWRC Section 19.80.130. The City may amend the text of the FWRC only if it finds
that:
1) The proposed amendments are consistent with the applicable provisions of the comprehensive
plan;
The proposed FWRC text amendments are consistent with the following goals and policies
contained in the Federal Way Comprehensive Plan (FWCP):
LUGl Improve the appearance and fimction of the built environment.
LUG3 Preserve and protect Federal Way's single-family neighborhoods.
L UP6 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 plalllled unit developments) in single-family areas, provided they result in
residential development consistent with the quality and character of existing
neighborhoods.
LUP20 Preserve site characteristics that enhance residential development (trees, water-
courses, vistas, and similar features) using site plalllling techniques such as clustering,
planned unit developments, and lot size averaging.
Planning Commission StatTReport
NPDES Code Amendments
File No. 09-101238-00-UP
Page 6
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 FWRC, and
that has no adverse impacts.
HPIO Encourage community input, where appropriate, into the development permit
process by providing thorough and timely information to the public.
HP19 Increase the amount oftmdeveloped 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.
NEG I 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 fimctions, and enhance natural beauty, by
encouraging community development patterns and site planning that maintains and
complements naturallandfonns.
NEP 18 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 COWltywide Planning Policy (incorporated by reference in City of Federal Way
Comprehensive Plan). All jurisdictions shall regulate development on certain lands to
protect public health, property, important ecological and hydrogeological fimctions,
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.
2) The proposed amendment bears a substantial relationship to public health, safety, or welfare.
The proposed FWRC text amendments bears a substantial relationship to the public health,
safety, and welfare because they establish new stormwater management manuals, design
standards, and best management practices which are as protective, or more protective than the
City's existing regulations. These text amendments also allow for the use of low impact
development techniques, which can diminish stormwater impacts in terms of water quality
and quantity of nmoff.
3) The proposed amendment is in the best interest of the residents of the City.
Approval of the proposed code amendments would benefit the City as a whole because they
establish new stormwater management manuals, design standards and best management
practices which are as protective, or more protective than the City's existing regulations.
These text amendments also allow for the use oflow impact development techniques, which
Planning Commission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 7
can reduce stonnwater impacts in terms of water quality and quantity of TWlOfI Further the
removal of barriers to the implementation of LID techniques should make review of these
development applications more timely and efficient.
VII. PLANNING COMMISSION REVIEW AND ACTION
Pursuant to FWRC Section 19.80.050(2), the City Council may review City-initiated changes to
development regulations from time to time at the Council's discretion. The Planning Commission
is being asked to review the proposed changes to FWRC Titles 13, 14, 16, 18 and 19 and forward
a recommendation to the City Council.
FWRCChapter 19.80, "Process VI Review," establishes a process and criteria for amendments to
development regulations. Consistent with Process VI review, the role of the Planning
Connnission is to review and evaluate any proposed amendments, to determine whether the
amendments meet the criteria provided by FWRC Section 19.80.130, and to forward a
recommendation to City Council regarding adoption of the proposed amendments. Consistent
with the provisions ofFWRC Section 19.80.240, the Planning Commission may take the
following actions regarding the proposed development regulation amendments:
1) Recommend to the City Council adoption of the FWRC text amendments as proposed;
2) Modify the proposed FWRC text amendments and recommend to the City Council adoption
of the FWRC text amendments as modified;
3) Recommend to the City Council that the proposed FWRC text amendments not be adopted;
or
4) Forward the proposed FWRC text amendments to the City Council without a
recommendation.
VIII. STAFF RECOMMENDATION
Based on the above staff analysis and decisional criteria, staff recommends that the amendments
to FWRC Chapter 13.15, "Building Construction Standards", Chapter 14.25, "Environmental
Policy Statements", Title 16, "Surface Water Management", Chapter 18.60, "Subdivision
Improvements", Chapter 19.05, "Zoning and Development in General", Chapter 19.125,
"Outdoors, Yards, and Landscaping", Chapter 19.130, "Off-Street Parking", Chapter 19.135,
"Development Improvements", and Chapter 19.120, "Clearing, Grading and Tree and Vegetation
Retention" as presented in Exhibit A to the staff report be recommended for approval to the City
COWlcil.
IX Next Steps
A public hearing on the proposed amendments has been scheduled for May 20, 2009. Upon
conclusion of the public hearing, and following deliberation, the Planning Connnission will be
asked to forward a recommendation to the City Council as outlined in Section VII ( above).
EXHIBITS
Exhibit A:
Proposed Amendments to FWRC:
Planning Commission Staff Report
NPDES Code Amendments
File No. 09-101238-00-UP
Page 8
Chapter 13.15, "Building Construction Standards",
Chapter 14.25, "Environmental Policy Statements",
Title 16, "Surface Water Management",
Chapter 18.60, "Subdivision Improvements",
Chapter 19.05, "Zoning and Development in General",
Chapter 19.125, "Outdoors, Yards, and Landscaping",
Chapter 19.130, "Off-Street Parking",
Chapter 19.135, "Development Improvements" and
Chapter 19.120, "Clearing, Grading and Tree and Vegetation Retention".
The following information is available for viewing on the City's FTP site ftp:!iftp.citvoffederalwav.com:
2009 King COWlty Surface Water Design Manual
2008 King County Stormwater Pollution Prevention Manual
2009 City ofPederal Way Addendum to KCSWDM
2005 Low Impact Development Technical Guidance Manual for the Puget Sound
Report prepared by:
Don Robinett, MRP, CPESC,
ESA & NPDES Coordinator
Planning COnmUssion StatTReport
NPDES Code Amendments
File No. 09-101238-00-UP
Page 9
Exhibit A
NPDES Code Amendments
Section . FWRC 13 .15.020 "Amendments." shall be amended to read as follows:
13.15.020 Amendments.
The following amendments to the Code adopted in FWRC J.J.J~_._QJJ! are hereby adopted:
(1) Section R105.2 is amended to read as follows:
Work exempt from permit. Permits shall not be required for the following activities
except when the work occurs in a regulated area, including but not limited to steep
slopes, critical areas, buffers and wetlands. Exemption from permit requirements of
this code shall not be deemed to grant authorization for any work to be done in any
manner in violation of the provisions of this code or any other laws or ordinances of
this jurisdiction.
(2) Section RI05.2 item I is amended to read as follows:
One-story detached accessory structures used as tool and storage sheds, playhouses
and similar uses, provided the floor area does not exceed 200 square feet (18.58 sq.
m.).
(3) Sections 105.3.2 and Rl05.3.2 are amended to read as follows:
An application for a permit for any proposed work shall be deemed abandoned 180
days after the date of filing, unless such application has been pursued in good faith or a
permit has been issued; except that the building official is authorized to grant one or
more extensions of time for additional periods not exceeding 180 days each. The
extension shall be requested in writing and justifiable cause demonstrated.
(4) Sections 106.1.1 and Rl 06.1.1 are amended and supplemented by the addition of a new
paragraph to read as follows:
The applicant must supply as much information as required to provide an accurate
environmental disclosure.
(5) Sections 106.4 and R106.4 are amended and supplemented by the addition of new sections
to be known as 106.4.1 and Rl 06.4.1, respectively, to read as follows:
Amended Permit. When the size of the building is increased or the scope for which the
permit was issued is changed, the building official may amend the building permit.
When such fees specified in sections 108 and RI08 have been paid and when changes
to the plans and application are approved, the building official shall issue an "amended
Exhibit A
NPDES Code Amendments
Page 1 of35
permit," which includes the approved changes as well as the original plans and
specifications. The issuance of such amended permit shall void the original permit.
(6) Sections 110.1 and R 110.1 are amended and supplemented by the addition of a second
paragraph to read as follows:
Buildings or other projects authorized by a building permit that do not require a
certificate of occupancy in order to be occupied shall not be occupied until such permit
has written final approval from the building inspector as authorized by the. building
official.
(7) Sections 110.3 and Rll 0.3 are amended in their entirety to read as follows:
Limited Access Agreement. Limited use may be granted for any building not yet issued
a Certificate of Occupancy pursuant to sections 110.1 or R11 0.1 through a properly
executed Limited.Access Agreement.
(8) Sections 112.1 and RII2.1 are amended in their entirety to read as follows:
General. Appeals of decisions or determinations made by the building official relative
to the application and interpretation of this Code, except orders, rulings or decisions
Pertaining to enforcement of this Code, shall be made to the hearing examiner
pursuant to FWRC 13.05.060.
(9) Sections 112.2 and RI12.2 are amended in their entirety to read as follows:
Limits of authority. The hearing examiner shall have no authority relative to the
interpretation of the. administrative provisions of this Code nor shall the hearing
examiner be empowered to waive any "requirements of this Code.
(10) Sections 112.3 and R112.3 are deleted in their entirety.
(11) Sections 113.2 and Rl13.2 are amended in their entirety to read as follows:
Occupancy violations. Whenever any building or structure or equipment therein
regulated by this Code is being used contrary to the provisions of this Code, the
building official may, by issuance of an order to cease activity under the FWRC
1.15.030, order such use discontinued and the structure, or portion thereof, vacated
(12) Sections 114.1 and RI14.1 are amended in their entirety to read as follows:
Orders to cease activity. Whenever any work is being done contrary to the provisions
of this Code, or other pertinent laws or ordinances implemented through the
enforcement of this Code, the building official may order the work to cease by
issuance of an order to cease activity pursuant to the FWRC 1.15.030.
(13) Sections 114.2 and R114.2 are amended to read as follows:
Exhibit A
NPDES Code Amendments
Page 2 of35
Issuance. The order to cease activity shall be in writing and given to the owner of the
property involved, or to the owner's agent, or to the person doing the work. Upon
issuance of an order to cease activity, the cited activity shall immediately cease. The
order to cease activity shall state the reason for the order, and the conditions under
which the cited activity will be permitted to resume.
(14) Sections 114.3 and R114.3 are amended to read as follows:
Unlawful continuance. Any person who shall continue any activity after having been
served with an order to cease activity, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be subject to penalties as
prescribed by law.
(15) Section 1008.1.8.3 is amended by the deletion of exception 2.1.
(16) Section R313 .2.1 is amended by the addition of exception 3 to read as follows:
Remodels which do not add bedrooms and have a construction valuation of less than
$20,000 may use battery operated smoke alarms in existing areas of the structure
which are not affected by the permitted work.
(17) Sections 1807.4.3 and R405.1 are amended in their entirety to read as follows:
Drainage. Provisions shall be made for the control and drainage of surface water
around buildings. Adequate provisions shall be made to ensure that underfloor spaces
remain free of running or standing water. As a minimum, such drains shall be
installed around the perimeter of the building at the footings. Additional drains may
be required in the underfloor space. The drainpipes shall be of sufficient size to
adequately convey water to an approved location, but shall not be less than four
inches in
diameter. Provisions shall be made to prevent the drainage system from becoming
blocked with soiL The building official may waive the provisions of this section when
soils appear to adequately drain the site and no water will stand or run under the
building.
(18) Clearing and grading activities shall be reviewed under FWRC Title 19. Chapter
19.120. Clearing. Grading and Tree and Vegetation Retention as well as Appendix
Chapter J of the International Building Code. All clearing and grading approvals are
subject to the provisions of the Surface and Stormwater Management Chapter of
Federal Way City Code.
(Ord. No. 07-563, S I(A), 10-16-07; Ord. No. 04-465, S 6, 10-5-04; Ord. No. 99-342, S 6,5-4-
99; Ord. No. 95-234, S 1,6-6-95; Ord. No. 92-143, SS 3 - 12, 6-16-92; Ord. No. 90-48, S 1,3-
20-90; Ord. No. 90-33, SS 8 - 25,2-13-90. Code 2001 S 5-67.)
Exhibit A
NPDES Code Amendments
Page 3 of35
Section . FWRC 14.25.070 "State Environmental Policy Act policies." shall be amended to
read as follows:
14.25.070 State Environmental Policy Act policies.
(1) The policies and goals set forth in this chapter are supplementary to those in the existing
authorization of the city.
(2) The city designates and adopts by reference the policies in this section as the basis for the
city's exercise of authority under this chapter. The city shall use all practicable means,
consistent with other essential considerations of state policy, to improve and coordinate
plans, functions, programs, and resources to the end that the state and its citizens may:
(a) Fulfill the responsibilities of each generation as trustee of the environment for
succeeding generations;
(b) Assure for all people of Washington' safe, healthful, productive, and aesthetically and
culturally pleasing surroundings;
( c) Attain the widest range of beneficial uses of the environment without degradation,
risk to health or safety or other undesirable and unintended consequences;
(d) Preserve important historic, cultural, and natural aspects of our national heritage;
( e) Maintain, wherever possible, an environment which supports diversity and variety of
individual choice;
(f) Achieve a balance between population and resource use which will permit high
standards of living and a wide sharing of life's amenities; and
(g) Enhance the quality of renewable resources and approach the maximum attainable
recycling of depletable resources.
(3) The city recognizes that each person has a fundamental and inalienable right to a healthful
environment and that each person has aresponsibility to contribute to the preservation and
enhancement of the environment.
(4) The city adopts by reference the following city codes, ordinances, resolutions, plans and
policies as now exist or as may hereinafter be amended or superseded:
(a) The Federal Way Comprehensive Plan;
(b) The Federal Way Revised Code and documents adopted by reference therein,
including without limitation the following titles:
(i) Zoning (FWRC Title 19) and the official zoning map;
(ii) Subdivisions (FWRC Title 18);
(iii) Surface and Stormwater Management (FWRC Title 16);
(iv) Shoreline Regulation and the Shoreline Management Master Program (FWRC
Title 15);
(v) Methods to Mitigate Development Impacts (FWRC Title 19, Division III); and
(vi) Solid Waste (FWRC Title 11);
(c) The Shoreline Management Guide Book (DOE);
(d) The Washington State Flood Reduction Plan (1993 DCD);
( e) Ordinances relating to Surface Water Runoff and Surface Water Management;
(f) The Lakehaven Utility District Comprehensive Sewer System Plan;
(g) The Lakehaven Utility District Comprehensive Water System Plan;
(h) The Federal Way Comprehensive Parks, Recreation, and Cultural Services Plan;
Exhibit A
NPDES Code Amendments
Page 4 of35
(i) The Federal Way Fire Department Long Range Plan;
(j) The Federal Way School District Number 210 Capital Facilities Plan;
(k) The Code of the King County Board of Health;
(1) The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King
County Surface Water Management, July 1991;
(m) The King County County-Wide Planning Policies, to the extent currently adopted by
the Federal Way city council, and as may be adopted hereafter;
(n) The 2001 King County Final Comprehensive Solid Waste Management Plan;
(0) The Federal Way Comprehensive Surface Water Management Plan;
(p) Washington State Shoreline Management Act of 1971;
(q) The Puget Sound Water Quality Management Plan;
(r) The King County Division of Parks and Recreation Play Area Design and Inspection
Handbook;
(s) The Sea-Tac International Airport Impact Mitigation Study, February 1997, prepared
by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services,
Inc., under a grant from the state of Washington;
(t) The Washington State Department of Transportation Pavement Guide, February
1995;
(u) The Highway Capacity Manual, Special Report 209, Transportation Research Board,
1997;
(v) The Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991;
(w) The King County Surface Water Design Manual (KCSWDM) and the Federal Way
Addendum to the KCSWDM;
(x) The Stormwater Management Manual for the Puget Sound Basin, Washington State
Department of Ecology, August 2001;
(y) The King County Storm water Pollution Control Prevention Manual and Best
Management Practices (BMP manual);
(z) The January 2002 URS Federal Way Stream Inventory; and
(aa) Planning documents not specifically listed above but referenced in the
environmental analysis of the city's comprehensive plan.
(Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 00-365, ~ 3, 3-7-00; Ord. No. 95-246, ~ 2, 11-21-95;
Ord. No. 93-202, ~ I, 12-21-93; Ord. No. 93-184, ~ I, 8~17-93; Ord. No. 92-140,'~ 3, 6-2-92;
Ord. No. 92-137, ~ 1,5-5-92; Ord. No. 92-136, ~ 3, 4-21-92; Ord. No. 92-130, ~ 3, 3-17-92; Ord.
No. 91-114, ~ 3, 12-3-91; Ord. No. 91-109, ~ 2, 9-17-91; Ord. No. 90-40, ~ 1(20.230.10,
20.230.20),2-27-90. Code 2001 ~ 18-122.)
Section . FWRC 16.05.110 "K definitions." shall be amended to read as follows:
16.05.110 K dermitions.
"King County Storm water Pollution Contrel Prevention Manual (KCSPGE.M) " also described as
the "Bl\1P manual," means the document prepared by King County and adopted by Federal Way,
that describes best management practices, design, maintenance, procedures, and guidance.
"King County Surface Water Design Manual (KCSWDM) " means the manual (and supporting
documents as appropriate) describing surface and stormwater design and analysis requirements,
Exhibit A
NPDES Code Amendments
Page 50f35
procedures, and guidance, and which is formally adopted herein by the city of Federal Way. The
King County Surface Water Design Manual will be available from the King County department
of development and environmental services or the department of natural resources.
(Ord. No. 09-593, ~ 22, 1-6-09; Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-1.11.)
Section . FWRC 16.05.120 "L defmitions." shall be amended to read as follows:
16.05.120 L definitions.
"Lake" means an area permanently inundated by water in excess of two meters (seven feet) deep
and greater than 20 acres in size as measured at the ordinary high water mark.
"Landslide" means episodic downslope movement of a mass of soil or rock and includes but is
not limited to rockfalls, slumps, mudflows, and earthflows.
"Leachable materials, wastes, or chemicals" means those substances which, when exposed to
rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff; examples
include erodible soil, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln
dust, garbage dumpster leakage, etc.
"Low impact development" (LID) means a stormwatermanagement strategy that emphasizes
conservation and use of existing features integrated with distributed. small-scale stormwater
controls to more closely mimic natural hydrologic patterns in residential. conunercial. and
industrial settings.
(Ord. No. 09-593, ~ 22,1-6-09; Ord. No. 99-352, ~ 3,11-16-99. Code 2001 921-1.12.)
Section . FWRC 16.15.010 "Regulated activities;" shall be amended to read as follows:
16.15.010 Regulated activities.
The following activities are subject to the provisions of this title, unless exempted below:
(1) New development.
(a) Single family resideBtial or small site d6Y:elopment works;
(b~) Projects that add ~2,000 square feet or more of new impervious surfacej-. replaced
impervious surface or new plus replaced impervious surface~ or
(b) Proiects that propose 7.000 square feet or more ofland disturbing activity; or
(c) Projects that propose to construct or modify a drainage pipe/ditch that is 12 inches or
more in size/depth, or receives surface and stormwater runoff from a drainage
pipe/ditch that is 12 inches or more in size/depth; or
(d) Projects that contain or are adjacent to a floodplain, stream, lake, wetland, closed
depression, or other environmentally sensitive area as defined by FWRC Titles 14 and
.12.
(2) Redevelopment, as defined in this title (and as also defined in FWRC J9.-,lO.l~Q), which
meets or exceeds one of the following thresholds or criteria:
(a) Creation or addition of impervious surfaces having an area of~2,000 square feet or
more;
Exhibit A
NPDES Code Amendments
Page 6 of35
(b) Construction or replacement of a building footprint or other structure having a surface
area of -S2,000 square feet or more, or which involves the expansion of a building
footprint or other structure by -S2,000 square feet of surface area or more;
(c) Repair or replacement of -S2,000 square feet or more of an impervious surface, when
such redevelopment is not part of a routine maintenance activity;
(d) Collection and concentration of surface and stormwater runoff from a drainage area of
more than 5,000 square feet;
(e) Projects which contain or directly discharge to a floodplain, stream, lake, wetland, or
closed depression, groundwater recharge area, or other water quality sensitive area
determined by the public works director, based on a written map, policy, water quality
monitoring data or plan in existence or implemented by the director prior to
submission of a redevelopment application which is determined to trigger application
of this subsection, or based on information developed during review of a particular
redevelopment application;
(f) Projects that involve a change in use, and the changed use has a potential to release a
new pollutant(s) to surface water systems within the city. For the purposes of this
subsection, "new pollutant(s) " means a pollutant that was not discharged at that
location immediately prior to the change in use, as well as a pollutant that was
discharged in less quantities immediately prior to the change in use;
(g) Redevelopment other than normal maintenance or other than tenant improvements, but
including any increase in gross floor area of 5.000 square feet or more excluding
required mitigation and frontage improvements, in anyone consecutive 12-month
period which exceeds 50 percent of the assessed or appraised value (whichever is
greater) of the structure or improvement being redeveloped; or
(h) Redevelopment of property which drains or discharges to a receiving water that has a
documented water quality problem, as determined by the public works director based
on a map, plan, water quality monitoring data or a written policy in existence or
implemented by the director prior to submission of a redevelopment application
determined to trigger application of this subsection, where the director determines that
the redevelopment requires additional specific controls to address the documented
water quality problem.
(i) Project proposing $100,000 or more of improvements to an existing high use site.
Redevelopment proiects that are subject to water quality improvements may phase construction
of the improvements as described in FWRC 19.30.120. Non-conforming water quality.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-6.)
Section . FWRC 16.20.010 "Manuals and addendum adopted." shall be amended to read as
follows:
Exhibit A
NPDES Code Amendments
Page 7 of35
16.20.010 Manuals and addendum adopted.
The 2009 King County Surface Water Design Manual, the Federal Way Addendum to the King
County Surface Water Design Manual, -8fl6 the King County Stormwater Pollution COBtrol
Prevention Manual, and the latest edition of the LID Technical Guidance Manual for Puget
Sound as they exist on the effective date of the ordinance codified in this chapter or as hereafter
amended, are hereby adopted by this reference. They are referred to in this title respectively as
the KCSWDM, Federal Way Addendum, LID Manual and the KCSP{;~M.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-9.)
Section . FWRC 16:20.020 "Stormwater best management practices (BMPs)". shall be
amended to read as follows:
16.20.020 Stonnwater best management practices (BMPs).
(1) General. BMPs, as specified in the KCSWDM. KCSP{;~M. and the LID Manual, shall be
used to control pollution from stormwater, and to comply with the standards in this title.
(2) Experimental BMPs. In those instances where appropriate BMPs are not specified in the
KCSWDM. KCSP~fM. and the LID Manual, experimental BMPs should be considered.
Experimental BMPs are encouraged as a means of solving problems in a manner not
addressed by the KCSWDM. KCSP(;fM. and the LID Manual in an effort to improve
stormwater quality technology. Experimental BMPs must be approved by the director of
public works prior to construction.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-10.)
Section . FWRC 16.25.010 "Core and special requirements." shall be amended to read as
follows:
16.25.010 Core and special requirements.
Depending on the type of drainage review required, as described in FWRC .16.72.3220, one or
more core or special requirements shall be met. The core and special requirements, described
below, are also described in detail in the KCSWDM and Federal Way Addendum adopted by
reference in FWRC 16.20,010.
(1) Core requirements.
(a) Core Requirement #1- Discharge at the Natural Location. All surface and stormwater
runoff from a project must be discharged at the natural location so as not to be diverted
onto or away from downstream properties. The manner in which runoff is discharged
from the project site must not create a significant adverse impact to downhill
properties or drainage systems.
(b) Core Requirement #2 - Ojf-Site Analysis. All proposed projects must submit an off-
site analysis report that assesses potential off-site drainage impacts associated with
development of the project site and proposes appropriate mitigations of those impacts.
Exhibit A
NPDES Code Amendments
Page 8 of35
The initial permit submittal shall meet the requirements outlined in include, at
minimum, a Levell do...:nstream analysis as described in the KCSWDM and the
Federal Way Addendum.
( c) Core Requirement #3 - Flow Control. All proposed projects, including redevelopment
projects, must provide on-site flow control facilities to mitigate the impacts of
increased storm and surface water runoff generated by the addition of new impervious
surface. new pervious surface and replacement impervious surfaces and any related
land cover com<ersion. These facilities shall, at a minimum, meet the performance
criteria for one of the area-specific flow control standards and be implemented
according to the applicable flow control implementation requirements described in the
KCSWDM and Federal 'Nay.^..ddendum. Flow control BMP's must be provided as
directed in the KCSWDM.
(d) Core Requirement #4 - Conveyance System. All engineered conveyance system
elements for proposed projects must be analyzed, designed, and constructed to provide
a minimum level of protection against overtopping, flooding, erosion, and structural
failure as specified in the KCSWDM and Federal 'Nay.^..ddel'Klum.
( e) Core Requirement #5 - Erosion and Sediment Control. All proposed projects that will
clear, grade, or otherwise disturb the site must provide erosion and sediment controls
to prevent, to the maximum extent possible, the transport of sediment from the project
site to downstream drainage facilities, water resources, and adjacent properties. To
prevent sediment transport, erosion and sediment control (ESC) measures that are
appropriate to the prolect site must be applied and performed as described in the
KCSWDM. are required and shall perform. as deseribed in Chapter 1.2.5.2 of the
Federal 'Nay .^..:d"deRdlim to the KCSVIDM. Both temporary and permanent erosion
and sediment controls shall be implemented as described in Chapter 1.2.5.3 of the
KCSWDM Federal 'l'{ay Addendum to the KCSVlDM.
(f) Core Requirement #6 - Maintenance and Operations. Maintenance and operation of all
drainage facilities is the responsibility of the applicant or property owner, except those
facilities for which Federal Way is granted an easement, tract, or right-of-way and
officially assumes maintenance and operation as described in the KCSWDM aB.6
Federal ',l.'ay.f..ddendum. Drainage facilities must be maintained and operated in
compliance with Federal Way maintenance standards.
(g) Core Requirement #7 - Financial Guarantees and Liability. All drainage facilities
constructed or modified for projects (except downspout infiltration and dispersion
systems), and any work performed in the right-of-way, must comply with the financial
guarantee requirements in FWRC Title 19.
(h) Core Requirement #8 - Water Quality. All proposed projects, including redevelopment
projects, must provide water quality (WQ) facilities to treat the runoff from new
and/or replaced pollution-generating impervious surfaces and pollution-generating
pervious surfaces. Redevelopment prolects may also be required to provide WQ
facilities to treat existing pollution-generating impervious surfaces. +hese WQ
facilities shall be selected from one of the area specific 'NQ menus described in
Chapter 1.2.8.1 of the Federal 'Nay .:\ddendum to the KCSVlDM and implemented
according to the applicable ''vQ implementation requirements in Chapter 1.2.8.2 of the
Federal Vlay .^..ddeRdum to the KCSWDM.
(2) Special requirements.
Exhibit A
NPDES Code Amendments
Page 9 of 35
(a) Special Requirement #1 - Other Adopted Area Specific Requirements. King County
has developed several types of area-specific plans and regulations that contain
requirements for drainage design. These regulations include critical drainage areas,
master drainage plans, basin plans, lake management plans, and shared facility
drainage plans. In some cases, these plans and regulations could overlap with the city
of Federal Way's jurisdictional area.
The Hylebos Creek and Lower Puget Sound Basin Plan is the only one of these area-
specific regulations that currently affects Federal Way. King County developed this
basin plan which recommends specific land uses, regional capital projects, and special
drainage requirements for future development within the Hylebos and lower Puget
Sound basin.
The drainage requirements of adopted area-specific regulations such as basin plans
shall be applied in addition to the drainage requirements of the KCSWDM and Federal
Way Addendum unless otherwise specified in the adopted regulation. Where conflicts
occur between the two, the drainage requirements of the adopted area-specific
regulation shall supersede those in the KCSWDM and Federal Way Addendum.
(b) Special Requirement #2 - Floodplain/Floodway Delineation. Floodplains and
floodways are subject to inundation during extreme events. The 100-year floodplains
are delineated in order to minimize flooding impacts to new development and to
prevent aggravation of existing flooding problems by new development. Regulations
and restrictions concerning development within a 100-year floodplain are found in
Federal Way's environmentally sensitive areas and flood hazard regulations.
If an approved flood hazard study exists, then it may be used as the basis for
delineating the floodplain and floodway boundaries provided the study was prepared
in a manner consistent with the KCSWDM and other Federal Way flood hazard
regulations. If an approved flood hazard study does not exist, then one shall be
prepared based on the requirements described in Chapter 4.4.2 of the KCSWDM,
"FloodplainlFloodway Analysis."
(c) Special Requirement #3 - Flood Protection Facilities. Developing sites protected by
levees, revetments, or berms requires a high level of confidence in their structural
integrity and performance. Proper analysis, design, and construction is necessary to
protect against the potentially catastrophic consequences if such facilities should fail.
The applicant is required to demonstrate conformance with FEMA regulations using
the methods specified in Chapter 4.4.2 of the KCSWDM and the Federal ',l-/ay
..^.:ddendum. In addition, certain easement requirements (outlined in Chapter 4.1 of the
KCSWDM and Federal 'Vay..^..ddendum) must be met in order to allow city access for
maintenance of the facility.
(d) Special Requirement #4 - Source Control. Water quality source controls, many of
which are listed in the KCSPb~M and the LID Manual, prevent rainfall and runoff
water from coming into contact with pollutants, thereby reducing the likelihood that
pollutants will enter public wateIWays and violate water quality standards. When
applicable, structural source control measures, such as car wash pads or dumpster area
roofing, shall be shown on the site improvement plans submitted for engineering
review and approval. Other nonstructural source control measures, such as covering
storage piles with plastic or isolating areas where pollutants are used or stored, are to
be implemented after occupancy and need not be addressed during the phln review
Exhibit A
NPDES Code Amendments
Page 10 of35
process. All commercial and industrial projects (irrespective of size) undergoing
drainage review are required to irnplement applicable source controls.
(e) Special Requirement #5 - Oil Control. Projects proposing to develop or redevelop a
high-use site must provide oil controls in addition to any other water quality controls
required by this manual. Such sites typically generate high concentrations of oil due to
high traffic turnover or the frequent transfer of oil.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-12.)
Section . FWRC 16.25.020 "Drainage review." shall be amended to read as follows:
16.25.020 Drainage review.
(I) When required. Drainage review is required for any proposed project, including new
development and redevelopment (except for those proposing only routine maintenance,
repair, or emergency modifications) which is or includes a regulated activity under FWRC
lQJ.2,.QJQ, and for which city approval, including but not limited to any.approvallisted.in
FWRC 16.15.030, is required.
(2) Type of drainage review required. One of the following .thfee four types of drainage review
will be required, depending on the project; provided, however, that a project which
qualifies for small site drainage review may also require targeted drainage review if the
requirements for targeted drainage review are met:
(a) Small site drainage review. Small site drainage review is required for single-family
residential or subdivision projects that will result in 2.000 square feet or more of new
impervious surface. replaced surface or new plus replaced impervious surface or 7.000
square feet or more ofland disturbing activity. AND that meets one of the following
criteria: add 2,000 to 10,000 square feet ofne~....: impervious sm-faee and clear less than
t'110 acres or less than 35 percent of the site, whichever is greater.
(i) The project will result in no more than 10.000 square feet of total impervious
surface added on or after January 8. 2001. no more than 5.000 square feet of new
impervious surface. and no more than 35.000 square feet of new pervious surface.
OR
(ii) The project will result in no more than 10.000 square feet of total impervious
surface added on or after January 8. 2001. and its new pervious surface area will
be no more than 35.000 square feet minus 3.25 times the area of new impervious
surface being proposed by the project (for sites larger than 22.000 square feet. a
factor of2.25 may be used instead of3.25).
Compliance shall be demonstrated through the implementation of an approved small
site drainage plan and a small site erosion and sediment control plan. Detailed design
specifications and submittal requirements are presented in Appendix C of the
KCSWDM, titled: "Small Site Drainage Requirements."
(b) Full drainage review. Full drainage review is required for any proposed project,
includin~ redevelopment projects, that adds at least 5,000 square :feet of new
Exhibit A
NPDES Code Amendments
Page II of35
impervious sm-face.project as determined in FWRC 16.15.010. AND meets one or
more of the following criteria:
(i) The project will result in 2.000 square feet or more of new impervious surface.
replaced impervious surface or new plus replaced impervious surface. but is not
subject to Small Project Drainage Review as determined in FWRC 16.25.020.
(ii) The project will result in 7.000 square feet or more of land disturbing activity but
is not subject to Small Project Drainage review per FWRC 16.25.020.
(ill) The project is a redevelopment project on a parcel or combination of parcels in
which the total of new. plus replaced impervious surface is 5.000 square feet or
more and whose valuation of proposed improvements (including interior
improvements and excluding required mitigation and frontage improvements)
exceeds 50% of the assessed value of the existing parcel improvements.
If full drainage review is required, then the applicant must demonstrate that the proposed
project complies with the following requirements:
(i) All core requirements specified in FWRC 16.25.010.
(it) All special requirements specified in FWRC 16.25.010.
W Large project drainage review. Large proiect drainage review is applied to
development proposals that are large and/or involve resources or problems of a special
sensitivity or complexity. Large project drainage review is required for any proposed
project that is subject to drainage review as determined in FWRC 16.15.010 AND that
meets anyone. of the following criteria:
(i) The project would. at full build-out. result in 50 acres or more of new impervious
surface within a single subbasin or multiple subbasins that are hydraulically
connected across subbasin boundaries. OR
(ii) The project site is 50 acres or more (including growth reserve areas) within a
critical aquifer recharge area
If Large Project Drainage Review is required. compliance shall be achieved through
the implementation of the scope of requirements as specified in Section 1.1.2.4. Large
Project Drainage Review. of the KCSWDM.
(eg) Targeted drainage review. Targeted drainage review is required for any proposed
projects, including redevelopment projects, that are subject to drainage review but are
not subject to full drainage review, and which fall into one or more of the following
project categories of projects:
TDR Category #1: Projects that contain or are adjacent to floodplains or
environmentally sensitive areas; OR projects that propose 7.000 square feet (1 acre if
in Small Project Drainage Review) or more of land disturbing activity.
TDR Category #2: Projects proposing to construct or modify a drainage pipe/ditch that
is 12 inches or larger in size/depth or receives runoff from a drainage pipe/ditch that is
12- inches or more in size/depth. larger drainage pipe! ditch
TDR Category #3: Redevelopment projects as defined in FWRC 19.30.120
I
Exhibit A
NPDES Code Amendments
Page 12 of35
If targeted drainage review is required, then the applicant must demonstrate that the
proposed project complies with the selected core and special requirements
corresponding to the appropriate category or categories of project that best match the
proposed project. The specific requirements for each TDR category are as follows:
(i) TDR Project Category #1.
(A) The following requirements apply to TDR Category #1 projects, but may have
exemptions or thresholds that preclude or limit their application to a specific
project:
(I) Core Requirement #5 - Erosion and Sediment Control.
(II) Special Requirement #1 - Other Adopted Area-Specific Requirements.
(III) Special Requirement #2 - Floodplain/Floodway Analysis.
(IV) Special Requirement #3 - Flood Protection Facilities.
(V) Special Requirement #4 - Source Control.
(B) The following requirements may be applied to projects in TDR Category #1 at
the discretion of public works based on site-specific conditions:
(I) Core Requirement #1 - Discharge at the Natural Location.
(II) Core Requirement #2 - Off-Site Analysis.
(III) Core Requirement #3 - Flow Control.
(IV) Core Requirement #4 - Conveyance System
(V) Core Requirement #6 - Maintenance and Operations.
(VI) Core Requirement #7 - Financial Guarantees and Liability.
(VII) Core Requirement #8 - Water Quality.
(ii) TDR Project Category #2.
(A) The following requirements apply to projects in TDR Category #2:
(I) Core Requirement # 1 - Discharge at the Natural Location.
(II) Core Requirement #2 - Off-Site Analysis.
(III) Core Requirement #4 - Conveyance System
(IV) Core Requirement #5 - Erosion and Sediment Control.
(V) Core Requirement #6 - Maintenance and Operations.
(B) The following requirements apply to projects in TDR Category #2, but have
exemptions or thresholds that may preclude or limit their application to a
specific project:
(I) Core Requirement #7 - Financial Guarantees and Liability.
(II) Special Requirement #4 - Source Control.
(iii) TDR Project Category #3.
(A) The following requirements apply to the projects in TDR Category #3:
(I) Core Requirement # 1 - Discharge at the Natural Location.
(II) Core Requirement #5 - Erosion and Sediment Control.
(III) Core Requirement #6 - Maintenance and Operations.
(B) The following requirements apply to projects in TDR Category #3, but have
exemptions or thresholds that may preclude or limit their application to a
specific project:
(I) Core Requirement #7 - Financial Guarantees and Liability.
(II) Core Requirement #8 - Water Quality.
(III) Special Requirement #4 - Source Control.
(IV) Special Requirement #5 - Oil Control.
Exhibit A
NPDES Code Amendments
Page 13 of35
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-13.)
Section. FWRC 16.30.020 "Types of adjustments." shall be amended to read as follows:
16.30.020 Types of adjustments.
There are fem:five types of adjustments, as follows:
(1) Standard adjustments;
(2) Complex adjustments;
(3) Preapplication adiustments~
(~) Experimental design adjustments;
(42) Blanket adjustments.
The appropriate use for each adjustment type is described in the KCSWDM and Federal "\Vay.
}..ddendum.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-18.)
Section. FWRC 16.30.030 "Authority." shall be amended to read as follows:
16.30.030 Authority.
The director shall have authority to approve or deny all fem:five types of adjustments for any
regulated activity requiring drainage review under this title.
(Ord. No. 99-352, ~ 3, 11-16-99. C<;>de 2001 ~ 21-19.)
Section . FWRC 16.30.040 "Criteria for granting adjustments." shall be amended to read as
follows:
16.30.040 Criteria for granting adjustments.
Adjustments to the requirements in the KCSWDM and Federal Way Addendum may be granted;
provided, that the adjustment will:
(1) Produce a result comparable to that which would be achieved by satisfaction of the
KCSWDM and Federal Way Addendum requirements, and which is in the public interest;
and
(2) Meet the objectives of safety, function, appearance, environmental protection, and
maintainability based on sound engineering judgment.
WheBIf an applicant demonstrates to the director's satisfaction that meeting either the
KCSWDM and Federal Way Addendum requirements, or the requirement to produce a
comparable result; will deny theaa applicant all reasonable use of his or her property, the
approval of the adjustment will require an adjustment criteria exc~tion to be approved by the
City of Federal W ay as described in Section 1.4.2. Criteria for Granting Adjustments. of the
KCSWDM applica:nt shall implement the best practicable alternative that aelHeves the spirit and
Exhibit A
NPDES Code Amendments
Page 14 of35
intent of the requiiement, as determined by the diiector. Public v;orks staff shall pro~tide
recommeaootions to the diiector on the best practicable alternative to be reqWred.
Any adjustment that would conflict with the requirements of any other title of the Federal Way
Revised Code must first be reviewed and approved by the department responsible for
administration of that title.
(Drd. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-20.)
Section . FWRC 16.30.050 "Experimental design." shall be amended to read as follows:
16.30.050 Experimental design adjustments.
Adjustments utilizing an experimental water quality facility or flow control facility may be
approved by the director on a limited basis if the following criteria are met:
(I) The fteW-experimental design is likely to meet the identified target pollutant removal goal
or flow control performance based on performance data and theoretical considerations;
and
(2) Construction of the facility can, in practice, be successfully carried out; and
(3) Maintenance considerations are included in the design, and costs are not excessive or are
borne and reliably performed by the applicant or property owner; and
(4) The applicant or property owner contributes a share of the cost of monitoring to determine
facility performance.
The director may condition approval of an experimental design adjustment upon the applicant's
agreement to reserve sufficient land area and post a bond or other financial guarantee satisfactory
to the director, for construction of a conventional facility should the experimental facility fail.
The director may approve release of the set aside area and financial guarantee upon proof of
operation of the experimental facility to the satisfaction of the director.
(Drd. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-21.)
Section . FWRC 16.30.060 "Adjustment application and review process." shall be amended to
read as follows:
16.30.060 Adjustment application and review process.
(I) Timing. Requests for standard and complex adjustments will be accepted only for permits
pending approval or approved permits that have not yet expired. Applications for
preapplication adjustments and experimental design adjustments may be submitted prior
to permit application if the applicant provides justification at a preapplication meeting
with public works that an adjustment decision is needed to determine the viability of the
proposed project. There is no application process for blanket adjustments because they are
initiated and issued solely by the city.
(2) Submission of application. The completed adjustment request application forms must be
submitted to the director, along with sufficient engineering information (described in
Exhibit A
NPDES Code Amendments
Page 15 of35
Chapter 2 of the KCSWDM and Federal Way Addendum) to evaluate the request. The
application shall identify the specific requirement for which the adjustment is sought.
(3) Review of application. The director or his or her designee will review and either approve
or deny the adjustment request in writing following the director's determination that all
necessary information has been received from the applicant. Approvals of standard and
complex adjustments will expire upon expiration of the permit to which they apply.
Approvals of preapplication adjustments will expire one year after the approval date,
unless a complete permit application is submitted and accepted. If a criteria exception is
required for the adjustment. the director may require additional engineering or information
to document that denial of reasonable use would occur. that every effort was made to
achieve compliance. and that the best practicable alternative will not cause significant
adverse impacts.
(4) Blanket adjustments. Blanket adjustments may be issued by the director based on:
(a) A previously approved standard, complex, preapplication, or experimental design
adjustment and supporting documentation; and
(b) Information describing the needfor the blanket adjustment. Typically, blanket
adjustments should apply globally to design or procedural requirements and be
independent of site conditions.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 921-22.)
Section . FWRC 16.30.070 "Appeal procedure." shall be amended to read as follows:
16.30.070 Appeal procedure.
(1) Appeal procedure. The applicant may appeal the denial or approval conditions of an
adjustment request or criteria exception decision by submitting a formal letter to the
director within 15 working days of the decision. This letter must include justification for
review of the decision, along with a copy of the adjustment request with the conditions (if
applicable) and a listing of all previously submitted material. The department director
shall respond to the applicant in writing within 15 working days; this decision shall be
final and not subject to subsequent appeal, either independently or as part of an appeal of
overall project land use or building permit approval. A per-hour review fee will be
charged to the applicant for the director's review of an appeal.
(2) Director's decision on appeal. The public works director or designee may grant an
exception from the adjustment denial or approval conditions or criteria exception decision;
provided, that the director finds that the request satisfies the following criteria:
(a) The exception provides equivalent environmental protection and is in the overriding
public interest; and that the objectives of safety, function, environmental protection
and facility maintenance, based upon sound engineering, are fully met;
(b) That there are special physical circumstances or conditions. affecting the property such
that the intent of the core and special requirements has been met;
( c) That granting of the exception will not be detrimental to the public health and welfare,
nor injurious to other properties in the vicinity and/or downstream, and to the quality
of waters of the state; and
Exhibit A
NPDES Code Amendments
Page 16 of35
(d) The exception is the least possible exception that could be granted to comply with the
intent of the core and special requirements.
Exceptions granted shall expire upon expiration of the permit to which they apply.
(Ord. No. 99-352, 93, 11-16-99. Code 2001 921-23.)
Section . FWRC 16.35.020 "Maintenance responsibility." shall be amended to read as follows:
16.35.020 Maintenance responsibility.
(I) Generally. All stormwater facilities shall be maintained in accordance with this title and
Appendix A and Chapter 6 of the KCSWDMthe Federal 'Nay StofIIlW'ater System
Operation and Maintenance Manual. Drainage facilities shall be maintained so that they
operate as intended. Systematic, routine preventive maintenance is preferred.
(2) Public storm water facilities. The responsibility of the city of Federal Way shall be limited
to maintenance and operation of the city of Federal Way stormwater system, and the city
of Federal Way assumes no responsibility for maintenance and operation of private
systems.
(3) Private stormwater facilities. Property owners are responsible for the maintenance,
operation or repair of stormwater drainage systems and BMPs. Property owners shall
maintain, operate and repair these facilities in compliance with the requirements of this
title and Appendix A and Chapter 6 ofthe KCSWDMthe Federal '.Vay Stormv.'ater System
Operation and Maintenance Manual.
(4) New subdivisions and new short plats. In new subdivisions and short plats, maintenance
responsibility for private drainage facilities shall be specified on the face of the
subdivision or short plat.
(5) Existing subdivisions and existing short plats. If a private drainage facility serves multiple
lots and the responsibility for maintenance has not been specified on the subdivision plat,
short plat or other legal document, maintenance responsibility shall rest with the
homeowners' association, if one exists, or otherwise with the owners of the properties
served by the facility. If owners of the properties served by the facility cannot be located,
maintenance responsibility shall rest with the owner(s) of the property on which the
facilities are located.
(Ord. No. 99-352, 93, 11-16-99. Code 2001 921-27.)
Section . FWRC 16.35.030 "Minimum maintenance standards." shall be amended to read as
follows:
16.35.030 Minimum maintenance standards.
The following are the minimum standards for the maintenance of stormwater facilities:
Exhibit A
NPDES Code Amendments
Page 17 of35
( I) All stormwater facilities shall be inspected at regular intervals and maintained and repaired
in accordance with Appendix A and Chapter 6 of the KCSVlDMthe Federal 'iVay
Stormwater System Operation cmd Maifltenanee Manual, the approved designs for
stormwater facilities, stormwater permits which may be issued by the city of Federal Way,
the State Department of Ecology, or the Environmental Protection Agency (EP A),
applicable construction standards, and the minimum requirements as stated in the
stormwater management manual.
(2) Where maintenance and repair is necessary to correct health or safety problems, to prevent
harmful materials from entering the stormwater system, or to remove harmful materials
that have entered the storm water system, such work shall be completed by the owner or
operator of the stormwater system or stormwater facility within 24 hours of discovery of
the need for maintenance or repair. When maintenance and repair is found necessary to
prevent water quality degradation, such work shall be completed within 14 calendar days
of discovery of the need for maintenance or repair. For other related problems,
maintenance or repairs shall be completed within 30 calendar days of discovery or repair.
(3) Where lack of maintenance is causing or contributing to a water quality problem,
immediate action shall be taken to correct the problem Within one month, the director
shall revisit the facility to assure that it is being maintained.
(4) Should the public works director have reasonable cause to believe that the situation at a
private stormwater facility is so adverse or hazardous so as to preclude written notice, he
or she may take the measures necessary to eliminate the hazardous situation; provided,
that he or she shall first make a reasonable effort to locate the owner before acting. In such
instances the owner of the property and/or the person responsible for the maintenance of
the facility shall be obligated for the payment of all costs incurred. If costs are incurred
and a bond pursuant to this title or other. city requirement has been posted, the public
works director shall have the authority to collect against the bond to cover costs incurred.
(5) Illicit discharges to the storm water system are prohibited, unless such discharges are
authorized in accordance with Chapter 173-216 WAC (State Waste Discharge Permit
Program) or Chapter 173-220 WAC (National Pollutant Discharge Elimination System
Program).
(6) Harmful and prohibited materials, as defined in this title, shall not be allowed to enter any
stormwater system All such substances shall be stored, handled and disposed in a manner
that will prevent them from entering the stormwater system. Further, storage, handling and
disposal shall be conducted in accordance with Chapters 173-303 and 173-304 WAC.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-28.)
Section . FWRC 16.45.010 "Purpose." shall be amended to read as follows:
16.45.010 Purpose.
The purpose of this chapter is to protect the city's surface and groundwater quality by providing
minimum requirements for reducing and controlling the discharge of contaminants from
commercial, industrial, governmental, agricultural, residential and other land use activities in
Exhibit A
NPDES Code Amendments
Page 18 of35
Federal Way. The city council recognizes that water quality degradation can result directly from
one discharge or through the collective impact of many small discharges. Therefore, this title
prohibits the discharge of contaminants into surfacewater. stormwater and groundwater and
outlines preventative measures to restrict contaminants from entering such waters. including the
implementation of best management practices (BMPs)requires the implementatiOfl ohhe best
known, a.ltlilable, cmd reasonable management practices to pre'.<ent the conta.tninatiOfl of
storm water, surface water, and groundwater.
In addition, the city council also recognizes the importance of maintaining economic viability
while providing necessary environmental protection. An additional purpose of this title it to
assist in the achievement of both goals.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-35.)
Section . FWRC 16.45.030 "Scope." shall be amended to read as follows:
16.45.030 Scope.
This chapter establishes the following water quality standards based on how the water leaves the
subject property:
(I) FWRC 16.45.040 establishes water quality standards for water that flows directly from the
subject property into a stream, a lake'or Puget Sound.
(2) FWRC 16.45.050 establishes water quality standards for water that is conveyed into the
public stormwater system directly from the subject property.
(3) FWRC 19..._4.~...Q9.Q establishes water quality standards for water that enters the groundwater
system by penetrating through the surface of the subject property.
(4) Water that leaves the subject property by conveyance directly into a sanitary sewer system
or from a septic tank system is not regulated by this title. Seattle. King County Health
Department Regulation Number III Code ohhe King County Board of Health. Title 13
applies to water quality in these situations.
(Ord. No. 90-43, ~ 2(115.150(1)), 2-27-90. Code 2001 ~ 22-1196.)
Section . FWRC 16.45.030 "Scope." shall be amended to read as follows:
16.45.040 Quality of water entering streams and lakes.
(1) Generally. The quality of any water entering any stream or lake or Puget Sound directly
from the subject property must meet the water quality standards established under the
authority of Chapter 90.48 RCW, and contained within Chapter 173-201 WAC, which
standards are hereby incorporated by reference.
(2) Classifications. Under the authority of Chapter 173 201 W}..C, the city hereby classifies
all streams '.vithin the city as "Class Ai'..," and all lakes within the city as "Class Lake."
(Ord. No. 90-43, ~ 2(115.150(2)), 2-27-90. Code 2001 ~ 22-1197.)
Exhibit A
NPDES Code Amendments
Page 19 of35
Section . FWRC 16.45.090 "Enforcement." shall be amended to read as follows:
16.45.090 Enforcement.
(1) Violations. Notwithstanding the requirements of Chapter 16.50 FWRC and FWRC
J 6.S5.lH 0, if a person has properly designed, constructed, implemented, and is
maintaining BMPs according to the BMP manual, is carrying out AKART as required or
approved by the director, and/or has modified existing practices as specified by the
director, and contaminants continue to enter surfacewater. aB6 stonnwater or groundwater;
or the person can demonstrate that there are no additional contaminants being discharged
from the site above the background conditions of the water entering the site, then that
person shall not be in violation of water quality provisions of this chapter. Said person
however, remains liable for any prohibited discharges through illicit connections,
dumping, spills~ improper maintenance ofBMPs, or other discharges in violation of this
chapter that allow contaminants to enter surfacewater. aB6 stonnwater or groundwater.
(2) Additional guidance procedures. The director, in consultation with other departments of
Federal Way government, may-will develop and implement additional guidance
information which describes the goals, objectives, policies, and procedures for a water
quality investigation and enforcement program. These procedures will describe how the
city will ~b.a:r.a~1Y..ri.!;5!:. investigate and respond to reports or instances of noncompliance
with this title and shall identify by title the official(s) responsible for implementing the
enforcement procedures. These procedures will also include direction on removing the
source of discharge. notification of appropriate authorities. notification of property owner.
and the means of providing technical assistance for eliminating the discharge; In addition.
these procedures will include escalating enforcement and legal actions.
(3) Sampling and analysis. Whenever the director determines that any person has violated or
is violating the provisions of this chapter~ the director may require the person responsible
for the violation to sample and analyze any discharge, surface and stonnwater,
groundwater, and/or sediment, in accordance with sampling and analytical procedures or
requirements determined by the director. A copy of the analysis shall be provided to the
Federal Way surface water management division.
(4) Summary abatement. Whenever any violation of this chapter causes or creates a condition
which constitutes an immediate and emergent threat to the public health, safety or welfare
or to the environment, the director may summarily and without prior notice abate the
condition. Notice of such abatement, including the reason for it, shall be given to the
person responsible for the violation as soon as reasonably possible after the abatement.
The costs of such summary abatement shall be recoverable via procedures for recovery of
abatement costs as set forth in Chapter 1.15 FWRC, Civil Enforcement of Code.l(Ord. No. 09-597, ~ 62, 1-6-09; Ord. No. 99-352, ~ 3, 11-16.,99. Code 2001 ~ 21-41.)
Section . FWRC 16.50.010 "Illicit connections." shall be amended to read as follows:
16.50.010 Dlicit connections.
No person may connect a conveyance system which was not constructed or intended to convey
precipitation runoff, or which has been converted from such usage to another use, to a storm
Exhibit A
NPDES Code Amendments
Page 20 of 35
drainage system or groundwater infiltration system. The construction. use. maintenance. or
continued existence for illicit connections to surfacewater. stormwater. groundwater or the Puget
Sound is prohibited. This prohibition expressly includes. without limitation. illicit connections
made in the past. regardless of whether the connection was permissible under the law or practices
applicable or prevailing at the time of construction. except that tThe following connections or
discharges may be made:
(1) Allowable discharges as defined below;
(2) Discharges authorized by a NPDES or state waste discharge permit;
(3) Connections conveying effluent from an approved on-site sewage disposal system to its
drainfield.
(Ord. No. 99-352, 93, 11-16-99. Code 2001 921-36.)
Section . FWRC 16.50.020 "Prohibited discharges." shall be amended to read as follows:
16.50.020 Prohibited discharges.
It is unlawful for any person to discharge contaminants into surfacewater. -a:ne stormwater,
groundwater, or the Puget Sound. Contaminants include, but are not limited to, the following:
(1) Trash or debris;
(2) Construction materials;
(3) Petroleum products including but not limited to oil, gasoline, grease, fuel oil, heating oil;
(4) Antifreeze and other automotive products;
(5) Metals in either particulate or dissolved form;
(e) Flammable or explosive materials;
(7) Radioactive material;
(8) Batteries;
(9) Acids, alkalis, or bases;
(10) Paints, stains, resins, lacquers, or varnishes;
(11) Degreasers and/or solvents;
(12) Drain cleaners;
(13) Pesticides, herbicides, or fertilizers;
(14) Steam cleaning wastes;
(15) Soaps, detergents, or ammonia;
(16) Swimming pool or spa filter backwash;
(17) Chlorine, bromine, or other disinfectants;
(18) Heated water;
(19) Domestic animal wastes;
Exhibit A
NPDES Code Amendments
Page 21 of35
(20) Sewage;
(21) Recreational vehicle waste
(22) Animal carcasses;
(23) Food wastes;
(24) Bark and other fibrous materials;
(25) Collected lawn clippings, leaves, or branches;
(26) Concrete and concrete by products including waste water from concrete saw cutting~
(U;27) Silt, sediment, or gravel;
(~28) Dyes (except as described below under "allowable discharges");
(~29) Chemicals not normally found in uncontaminated water;
(~30) Any other process associated discharge except as otherwise allowed in this section;
(~31) Any hazardous material or waste not listed above.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-37.)
Section. FWRC 16.50.030 "Allowable discharges." shall be amended to read as follows:
16.50.030 Allowable discharges.
Subject to provisions of the BMP manual, the following types of discharges shall not be
considered prohibited discharges for the purpose of this title unless the director fJ.r...hi~lh.~
designee determines that the type of discharge, whether singly or in combination with others, is
causing pollution of surfacewater. and stOlnIWater or groundwater:
(1) Natural uncontaminated surface water~
(2) Diverted stream flows~
(3) Spring water~
(1) Potable water including water from water line flushing and hydrBflt maintena:ace;
(~) Uncontaminated water from crawl space pumps or footing drains;
(5) Uncontaminated pumped groundwater~
(6) Uncontaminated groundwater infiltration defined in 40 CPR 35.2005(20):
(7) Flows from riparian habitats and wetlands~ .
(8) Collected rainwater that is uncontaminate<i
(3) Lawn watering;
(9) Irrigation water from agricultural sources that is commingled with urban stormwater~
( 4) Oechlorinated sv.'imming pool water;
(~ 10) Materials placed as part of an approved habitat restoration or bank stabilization project;
.< 6) Natural uncontaminated sl:lfface water or groundwater;
Exhibit A
NPDES Code Amendments
Page 22 of35
(7) Flows from riparian habitats and wetlands;
(8) Common practices for water ';:ell disinfection;
(911) Discharges resulting from diffuse or ubiquitous sources such as atmospheric deposition;
(W 12) Discharges resulting from dye testing authorized by the director;
(13) Air conditioning condensation;
(HI4) Discharges which result from emergency response activities or other actions that must
be undertaken immediately or within a time too short to allow full compliance with this
title so as to avoid an imminent threat to public health or safety. fThe director may further
derme qualifying activities in administrative guidance. The person responsible for said
emergency response activities shall take all necessary steps to ensure that the discharges
resulting from such activities are minimized and ensure that future incidents are prevented
to the greatest extent possiblej;. In addition. this person shall evaluate BMPs and the site
plan. where applicable. to restrict recurrence;
(-H15) Other types of discharges as determined by the director.
(Ord. No. 99-352, S 3, 11-16-99. Code 2001 S 21-38.)
Section . A new section is added to chapter 16.50 "Discharges into Federal Way Waters and
Storm Drainage Systems" FWRC to read as follows:
16.50.040 Conditional dischal'1!es.
The following types of discharges shall not be considered prohibited discharges for the purposes
of this chapter if they meet the stated conditions. or unless the director or his/her designee
determines that the type of discharge. whether singly or in combination with others. is causing or
is likely to cause significant contamination of surfacewater. stormwater or groundwater:
(1) Discharges from potable water sources. including water line flushing. hyperchlorinated
water line flushing. fire hydrant system flushing. and pipeline hydrostatic test water that
have been de-chlorinated to a concentration of 0.1 ppm or less. pH-adjusted. if necessary.
and volumetric ally and velocity controlled to prevent resuspension of sediments to
surfacewater. storrnwater. groundwater. or the Puget Sound;
(2) Lawn watering and other irrigation runoff. These discharges shall be minimized through.
at a minimum. public education activities and/or water conservation efforts;
(3) Discharges from swimming pools that have been de-chlorinated to a concentration of 0.1
ppm or less. pH-adjusted and reoxygenized if necessary. and volumetrically and velocity
controlled to prevent resuspension of sediments to surfacewater. stormwater. groundwater.
or the Puget Sound;
Exhibit A
NPDES Code Amendments
Page 23 of35
(4) Street and sidewalk wash water. water used to control dust. and routine external wash
down that does not use detergents (these discharges shall be minimized through. at a
minimum. public education activities and/or water conservation efforts)~
(5) Non-stormwater discharges covered by a sq>arate National Pollutant Discharge
Elimination System (NPDES) or State Waste Discharge permit. provided that the
discharger is in full compliance with all requirements of the permit. waiver. or order and
other applicable laws and regulations~ and provided that written approval has been granted
for any discharge to the storm drain ~stent
(6) Other stormwater discharges. The discharges shall be in compliance with the
requirements of a stormwater pollution prevention plan (SWPPP) reviewed and approved
by Surface Water Management. which addresses control of such discharges by applying
AKART to prevent contaminants from entering surfacewater. stormwater. groundwater. or
the Puget Sound.
Section . FWRC 16.55.010 "Storm water Pollution Control Manual." shall be amended to read
as follows:
16.55.010 Stonnwater Pollution CoatfolPrevention Manual
(I) General. The King County Stonnwater Pollution Control Prevention Manual (BMP
manual), adopted iR FWRC 16.20.020 aad Hi.20.030, applies to existing facilities and
activities and to new development activities not covered by the King County Surface
Water Design Manual (KCSWDM) and Federal Way AddendutntQ t4~ KCSwnM. The
BMP manual describes the types of regulated activities, the types of contaminants
generated by each activity, the contanrinant's affect on water qllality, the required source
control BMPs, and the available treatment BMPs. The BMP manual includes information
on design, maintenance, allowable use of alternative BMPs, and a schedule for BMP
implementation.
(2) Priority ofBMP implementation. Compliance with this section shall be achieved through
the use of best management practices described in the BMP manual. In applying the BMP
manual, the director or his/her designee shall first require the implementation of source
control BMPs unless the BMP manual specifically requires treatment BMPs. If source
control BMPs (or treatment BMPs if required by the BMP manual) do not prevent
contaminants from entering surface and stormwater or groundwater, the director or his/her
designee may require implementa~ion of additional source control BMPs and/or treatment
BMPs according to AKART.
(3) Prevention of pollution of surface and groundwaters. BMP.s shall be applied as required
herein, so that when all appropriate combinations of individual BMPs are utilized,
pollution of surface or ground waters is prevented. If all BMPs required herein, or by the
director are applied, and pollution stilI occurs, the discharger shall modify existing
practices or apply further water pollution control measures, as specified by the director. In
the absence of implementation of applicable BMPs, the director shall be authorized to
conclude that individual activities are causing pollution in violation of this chapter, and
shall be authorized to enforce this chapter accordingly.
Exhibit A
NPDES Code Amendments
Page 24 of35
(4) Technical assistance. The Federal Way surface water management division will provide,
upon reasonable request, available technical assistance materials and information, and
information on outside financial assistance options, to persons required to comply with
this title.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-39.)
Section. FWRC 16.55.020 "Exemptions." shall be amended to read as follows:
16.55.020 Exemptions.
It is intended that all persons shall apply appropriate BMPs, whether as required by this title or
under the authority of another program. Notwithstanding the requirements ofFWRC 16.55.010,
implementation ofBMPs prescribed by this chapter is not required when:
(I) Alternative BMPs are being implemented pursuant to another federal, state, or local
program, unless the director or his/her designee determines the alternative BMPs will not
prevent or sufficiently reduce the discharge of contaminants. If the other program
permitting alternative BMPS requires the development of a best management practices
plan, the person shall, upon request and at no cost to the city, provide the director a copy
of the BMP plan within five days of the request;
(2) A general or individual NPDES permit for storm water discharges has been issued by the
Washington State Department of Ecology for the property or activity in question, and the
NPDES permit includes a water quality pollution control plan; unless the director or
his/her designee determines that the plan is not being implemented or that implementation
of the water quality pollution control plan will not prevent or sufficiently reduce the
discharge of contaminants;
(3) A farm management plan approved by the director or his/her designee is being
implemented and maintained according to the plan;
(4) A general or individual NPDES pennit for commercial dairy operations hoo been issued by
the 'NoomngtoR State Department of Ecology;
(~) An approved forest practices application has been approved by the Washington State
Department of Natural Resources for forest practices, with the exception of forest
practices occurring on lands platted after January I, 1960, or on lands being converted to
another use, or regulatory approval has otherwise been issued by the city of Federal Way
or other local government under RCW 76.09.240;
(62) The director or his/her designee is authorized to and has issued an exemption from BMP
requirements under another provision of this title.
(Ord. No. 99-352, ~ 3, 11-16-99. Code 2001 ~ 21-40.)
Section . FWRC 18.60.050 "Streets and rights-of-way." shall be amended to read as follows:
Exhibit A
NPDES Code Amendments
Page 25 of35
18.60.050 Streets and rights-of-way.
(I) Streets within an approved land division shall be within a dedicated public right-of-way.
Private tracts may be used in short subdivisions and cluster subdivisions using cross-
section type "V" as described in FWRC .1.2.,12.$-,250. Ingress/egress and utilities easements
and alleys may be utilized when certain conditions established in the city of Federal Way
public works development standards are met.
(2) All streets within the public rights-of-way shall be improved to the standards specified in
Chapter 19. 135 FWRC, regarding required improvements to rights-of-way. Improvements
to private tracts, alleys, and ingress/egress and utilities easements shall comply with the
city of Federal Way public works department development standards.
(3) LID alternatives. such as permeable surfacing and on-site stormwater management
facilities are encouraged where appropriate based on existing site conditions and when
approved by the City.
(~) All streets abutting a land division shall be improved in accordance with Chapter 19.135
FWRC, and the city of Federal Way public works development standards regarding
required improvements.
(4~) All traffic control devices within a land.division shall be provided by the developer as
required by the director of public works.
($Q) Streets shall be provided to develop a street network with a block perimeter of no greater
than 2,640 feet, as measured on centerlines. This requirem.ent may be modified if
connections cannot be made due to:
(a) Topographical constraints.
(b) Environmentally sensitive areas.
(c) Adjacent development not being conducive.
(61) Additional off-site street and traffic control improvements may be required to-mitigate
impacts resulting from the land division.
(Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, ~ 3, 12-15-98; Ord. No. 97-291,
~ 3,4-1-97; Ord. No. 90-41, ~ 1(16.300.10 - 16.300.50),2-27-90. Code 2001 ~ 20-180.)
Section. FWRC 18.60.080 "Storm drainage." shall be amended to read as follows:
18.60.080 Storm drainage.
(I) All land divisions shall be provided with an adequate storm drainage system designed and
constructed in accordance with the surface water management requirements in FWRC
Title 16, and the storm and surface water utility requirements in FWRC Title 11, Division
III.
(2) As required by the director of public works, land divisions shall provide stormwater
detention or retention facilities. Such required systems should include biofiltration swales,
oil/water separation devices, or any other appropriate systems approved by the public
works director. LID best management practices are encouraged when site and soil
conditions make it a feasible option. LID facilities shall be designed and constructed in
accordance with the provisions of Title 16 Surface Water Management.
(3) As appropriate, the storm drainage system shall be dedicated to the city upon approval of
the final recorded document.
Exhibit A
NPDES Code Amendments
Page 26 of35
(Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07; Ord. No. 98-330, ~ 3, 12-15-98; Ord. No. 97-291,
~ 3, 4-1-97; Ord. No. 90-41, ~ 1(16.330),2-27-90. Code 2001 ~ 20-183.)
Section . FWRC 19.05.120 "L definitions." shall be amended to read as follows:
19.05.120 L defmitions.
"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 modification" means the clearing or removal of trees, shrubs, groundcover and
other vegetation and all grading, excavation and filling activities.
"Landscaping" means the planting, removal and maintenance of vegetation along with the
movement and displacement of earth, topsoil, rock, bark and similar substances done in
conjunction with the planting, removal and maintenance of vegetation.
"Landward" means toward dry land.
"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, of sufficient area to meet minimum zoning requirements, having
fixed boundaries described by reference to a recorded plat, to a recorded binding site plan, to
metes and bounds, or 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.
"Low imvact development (LID)" means a storm water management strategy that. emphasizes
conservation and use of existing features integrated with distributed, small-scale storm water
controls to more closely mimic natural hydrologic patterns in residential, connnercial. and
industrial settings.
(Ord. No. 09-593, ~ 24, 1-6-09. Code 2001 ~ 22-1.12.)
Section _' FWRC 19.120.3 (New Clearing, Grading, and Tree and Vegetation Retention Code)
"Exemptions." shall be amended to read as follows:
19.120.XX3 Exemptions.
Exhibit A
NPDES Code Amendments
Page 27 of35
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 FWRC
Title 19, Division IV, Critical Areas, or in designated native growth protection areas. Clearing
and grading activities are also subject to review under Appendix Chapter J of the International
Building Code.
The following actions shall be exempt from the provisions of this article:
(I) 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 ofFWRC 19.145.010.et seq.
(7) Actio~ which must be undertalcen immediately, or within a time too.short to allow for
compliance with the requirements of this article, to avoid an imminen.t threat to public
health or safety; to prevent an imminent danger to public or private property; orto 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 Qn the subject 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 Qwnership that are being
maintained for the use and enjoyment of the homeowner that comply with the following
criteria:
(a) Any trees or vegetation removed must be outside any area that is within the jurisdiction
ofFWRC 19.145.010 et seq.
(b)No trees Qr vegetation will be removed if that vegetatiQn 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 subject property and will not change the quality or
velocity of stQrmwater 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.
Exhibit A
NPDES Code Amendments
Page 28 of35
( e) Trees with a dbh of six inches or greater may be removed subject to the minimum tree
units per acre standard established by Table 19.120-XXI8.1 and subject to criteria a-c
of this section.
(f)Removal of trees with a dbh of six inches or greater that will result in the subject property
falling below the minimum tree units per acre standard per Table 19.120-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 of the following criteria:
(a)The subject property contains a permanent building or an active use.
(b)The clearing or grading activity will not change the points where the stonnwater or
groundwater enters or exits the subject property, and will not change the quality or
velocity of stonnwater or groundwater.
(c) The clearing or grading activity is outside any area that is within the jurisdiction of
FWRC 19.145.010 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 FWRC 19.05 Definitions, 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 major factor in the location, design,
construction, and maintenance of streets and utilities. These activities are subject 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).
Section . FWRC 19.120.6 (New Clearing, Grading, and Tree and Vegetation Retention Code)
"Review and approval of clearing, grading and tree/vegetation retention plans." shall be amended
to read as follows:
19.120.XX6 Review and approval of clearing, grading, and tree/vegetation retention plans.
(1) Review of plans required under this article shall be conducted as follows:
(a) 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
Exhibit A
NPDES Code Amendments
Page 29 of35
works and community development services. Plan review approvals under this section
are subject to the provisions of Title 16 of the Federal Way Revised Code. "Surface
Water Management".
(b) 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.
( c) Where project sites contain or are aq.jacent 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.
(2) 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 detennining
readiness:
(a) 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;
(b) The applicant shall have received approval of a proposed project timeline that
demonstrates how site development wor\< and revegetation of. tl1e site shall be
completed per approved revegetation and landscaping plans within 12 months of
commencement of site work.
( c) 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 s.ubject 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 cO:Q.junction 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.
(ii). 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.
(iii) Temporary revegetation and/or vegetation retention per an approved plan that
provides visual screening of the site from neighboring properties and rights-of
way.
(3) Approval of plans under this article shall be binding upon the applicant. Any proposed
changes to approved clearing, gra,ding, 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
NPDES Code Amendments
Page 30 of35
Section . FWRC 19.125.040 "General landscaping requirements - All zones." shall be
amended to read as follows:
.
19.125.070 Parking lot landscaping.
(I) Purpose. The purpose of this section is to break up large areas of impervious surfaces,
mitigate adverse impacts created by vehicle use areas which include noise, glare and
increases in heat reflection by buffering, screening adjacent properties and shading,
respectively, to facilitate movement of traffic, and improve the physical appearance of
vehicle use areas. Developments are encouraged to use parking lot landscaping as on-site
LID stormwater infiltration facilities, unless such techniques are infeasible. LID
stormwater infiltration facilities shall be designed and constructed accordance with Title
16 - Surface Water Management.
(2) Type IV Landscaping. Type IV landscaping shall be provided within surface parking areas
as follows:
(a) Required interior lot landscaping. Landscape area shall be provided at the following
rate within paved areas:
(i) Commercial, industrial, and institutional developments shall provide the following:
(A) Twenty square feet per parking stall when up to 49 parking stalls are provided;
and
(B) Twenty-two square feet per parking stall when 50 or more parking stalls are
being provided.
(ii) Residential developments with common parking areas including, but not limited to,
subdivisions, PUDs or multifamily, shall provide landscape areas at a rate of 15
square feet per parking stall.
Figure 7 - FWRC 19.125.070(3)
Exhibit A
NPDES Code Amendments
Page 31 of35
(3) Landscape islands. Landscape islands shall be a minimum size of 64 square feet and a
maximum of 305 square feet, and a minimum width of six feet at the narrowest point for
islands at the end of 90-degree parking rows, three feet at the end of rows with angled
parking, and eight feet in width for islands used to separate head-to-head parking stalls
and shall be provided at the following locations:
(a) At the end of all rows of parking; and
(b) For separation buffering between loading doors or maneuvering areas and parking
areas or stalls; and
( c) Any remaining required landscaping shall be dispersed throughout the interior parking
area in a manner to reduce visual impact of the parking lot;
(d) Deciduous trees are preferred for landscape islands within interior vehicle use areas.
(4) Curbing. Permanent curbing shall be provided in all landscape areas within or abutting
parking areas. Based upon appropriate surface water considerations, other structural
barriers may be substituted for curbing, such as concrete wheel stops.
:........;~.;;;;.~.:."~
:,'.:w'"~'-:.~:.,.;
Figure 8 - FWRC 12.JJ.~_~91Q( 4)
(5) Parking areas/screeningfor rights.-of-way.
(a) Parking areas adjacent to public right-of-way shall incorporate berms at least three feet
in height within perimeter landscape areas; or alternatively, add substantial shrub
plantings to the required perimeter landscape type, and/or provide architectural
features of appropriate height with trees, shrubs and groundcover, in a number
sufficient to act as efficient substitute for the three-foot berm, to reduce the visual
impact of parking areas and screen automobiles, and subject to approval by the
director of community development.
(b) Parking adjacent to residential zones shall reduce the visual impact of parking areas
and buffer dwelling units from light, glare, and other environmental intrusions by
providing Type I landscaping within required perimeter landscape areas.
(6) Vehicular overhang. Vehicular overhang into any landscaping area shall not exceed two
feet.
Exhibit A
NPDES Code Amendments
Page 32 of35
Figure 9 - FWRC J2,1~~J!'zQ( 6)
(7) Landscaping and irrigation.
(a) All landscape islands within parking areas shall use drought-tolerant trees, shrubs and
groundcovers. The use of plants native to the Pacific Northwest is encouraged. Lawn
shall not be permitted in landscape islands less than 200 square feet and shall be used
as an accessory planting material to required trees, shrubs, and other groundcovers.
(b) No plant material greater than 12 inches in height shall be located within two feet of a
curb or other protective barrier in landscape areas adjacent to parking spaces and
vehicles use areas.
(Ord. No. 07-559, ~ 3(Exh. A), 7-3-07; Ord No. 93-170, ~ 4, 4-20-93. Code 2001 ~ 22-1567.)
Section . FWRC 19.130.020 "Number of spaces." shall be amended to read as follows:
19.130.020 Number of spaces Minimum.
(I) Minimum number of spaces.
Uti Generally. Except as provided in subsection (3) of this section, the number of parking
spaces required by Chapters 19.195 through 19.240 FWRC for any particular use is the
minimum number of parking spaces required for that use, and the applicant shall
provide at least that number of spaces.
(~b) Guest parking for residential uses. For residential uses, the city may require guest
parking spaces in excess of the required parking spaces, if there is inadequate guest
parking on the subject property.
(3-~) Exceptions. The number of parking spaces required by this Code for a particular use
may be reduced only when the use for which the parking is required:
(ai) Provides shared parking in accordance with FWRC 19.130.120;
(bll) Is located in the CC-C or CC- F zones and is accompanied by a traffic demand
management plan which, as a condition of project approval, the applicant shall
implement. In such an instance, the director may approve reduction of the
required number of parking spaces by up to 20 percent. Transportation demand
management options which can be considered by the director include, but are not
limited to, the following:e(i.;!) Private vanpool operation;
Exhibit A
NPDES Code Amendments
Page 33 of35
(Hb) Transitlvanpool fare subsidy;
(~) Preferential parking for carpools/vanpools;
(wg) Flexible work-hour schedule;
(~) Participation in a ride-matching program; or
(vi!) Bicycle parking facilities;
(eiii) Is located in the CC-C or CC-F zones, is adjacent to a public street right-of-way
classified to allow on-street parking and the applicant makes a one-time
contribution to a city fund established strictly to fund development of on-street
parking. The amount of the contribution will be based on a per stall cost
established by the city, and the required number of stalls may be reduced on a
one-for-one basis according to the amount of the contribution paid;
(div) Provides a parking study in accordance with FWRC 19.130.080(2).
(Ord. No. 07-554, ~ 5(Exh. A(11)), 5-15-07; Ord.No. 97-296, 93,6-17-97; Ord. No. 90-43,
92(105.15),2-27-90. Code 2001 922-1377.)
(2) Maximum number of spaces.
(a) The maximum number of impervious. surface-level parking spaces shall not exceed ten
percent more than the minimum number of spaces calculated under Section
19.130.020 or Section 19.130.030.
(b) Where an applicant desires to exceed the minimum number of parking spaces by more
than ten percent. the applicant shall be required to mitigate 100% of the surface water
runoff from the additional spaces above the maximum allowed with low impact
development (LID) techniques. For example:
Minimum Parking Spaces: 30 spaces
Maximum Impervious Surface-Level Parking Spaces: 33 spaces
Proposed Surface-Level Parking Spaces: 40 spaces
Required LID Mitigated. Surface-Level Parking Spaces 7 spaces
(c) Exemptions to this section are allowed provided the applicant can adequately
demonstrate the site conditions (i.e. soils. hydrology. etc.) make the use of LID not
feasible. In that situation. the applicant shall mitigate 100% of the stormwater runoff
from additional parking. above the allowed maximum. using traditional stormwater
detention and treatment techniques.
Section . FWRC 19.135.100 "Exceptions." shall be amended to read as follows:
19.135.100 Exceptions.
The following provisions of this article shall apply:
(I) A vehicular access easement or tract (ingress/egress and utilities easement) may be
permitted subject to the conditions established in the city of Federal Way public works
development standards.
(2) If the vehicular access easement or tract that does not have adequate width for the
installation of the improvements required by this chapter, the public works director shall
determine the nature and extent of the improvements to be installed in the vehicular access
easement or tract on a case-by-case basis. At a minimum the vehicular access easement or
tract must have a concrete or asphalt surface at least 20 feet in width. Pervious paving
Exhibit A
NPDES Code Amendments
Page 34 of35
techniques may be used on private roads where feasible. as authorized by the public works
director and in accordance with Title 16 - Surface Water Management.
(3) Streetlights are required at the intersection of a vehicular access easement or tract and a
right-of-way, but not at any other location within the vehicular access easement or tract,
unless specifically required by the public works director.
(4) Notwithstanding any other provision in this chapter, vehicular access easements and tracts
must comply with applicable standards of the serving fire district.
(Ord. No. 07-554, ~ 5(Exh. A(12)), 5-15-07; Ord. No. 98-330, ~ 3, 12-15-98; Ord. No. 90-43,
~ 2(110.35(2)), 2-27-90. Code 2001 ~ 22-1497.)
Exhibit A
NPDES Code Amendments
Page 35 of35