ORD 12-711ORDINANCE NO. 12-711
AN ORDINANCE of the City of Federal Way, Washington, relating to
SEPA Exemptions in Critical Areas; amending FWRC 14.30.030 and
14.30.040. (Amending Ordinance Nos. 04-468; 91-105; and 90-40)
WHEREAS, the City recognizes the need to periodically modify Title 14 of the Federal Way
Revised Code (FWRC), "Environmental Policy," in order to conform to state and federal law,
codify administrative practices, clarify and update development regulations as deemed necessary,
and improve the efficiency of the regulations and the development review process; and
WHEREAS, this ordinance, containing amendments to development regulations and the text
of Title 14 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to
chapter 19.35 FWRC; and
WHEREAS, it is in the public interest for the City Council to adopt amended regulations
pertaining to State Environmental Policy Act (SEPA) exemptions in critical areas within the City
of Federal Way; and
WHEREAS, the adopted FWRC SEPA rules state that a number of the standard SEPA
exemptions are not applicable if the proposed project is located within or in close proximity to
critical areas. The effect of the current language is that many smaller projects (of the type that
would normally be exempt from SEPA review) located within or in close proximity to critical
areas must go through the SEPA review process prior to project approval; and
WHEREAS, the proposed code amendment would have the effect of exempting those
projects from SEPA review, and the proposed code amendment would eliminate a regulation that
unnecessarily burdens many small scale development projects; and
WHEREAS, the provision establishing inapplicable SEPA exemptions in FWRC 14.30.030
is no longer necessary, as the critical areas regulations contained in FWRC Title 19, Division V,
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provide adequate regulation and mitigation of potential impacts to critical areas from these types
of proposals; and
WHEREAS, the proposed code amendment action is categorically exempt from SEPA
review pursuant to Washington Administrative Code (WAC) Section 197-11-800(19); and
WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on
these code amendments on October 19, 2011, and forwarded a recommendation of approval to
the City Council; and
WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council
considered these code amendments on November 7, 2011, and recommended adoption of the text
amendments as recommended by the Planning Commission.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findin�s. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
(a) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole as the provision establishing inapplicable SEPA exemptions in
FWRC 1430.030 is no longer necessary, as the critical areas regulations contained in FWRC
Title 19, Division V, provide adequate regulation and mitigation of potential impacts to critical
areas.
(b) These code amendments comply with Chapter 36.70A RCW, Growth Management.
(c) These code amendments are consistent with the intent and purpose of Title 14 FWRC
and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
Ordinance No. 12-711 Page 2 of S
(d) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
�i�y
Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and
based upon the recitals and the findings set forth in Section 1, the Federal Way City Council
makes the following Conclusions of Law with respect to the decisional criteria necessary for the
adoption of the proposed amendments:
(a) The proposed FWRC amendments are consistent with, and substantially implement,
the following Federal Way Comprehensive Plan goals and policies:
LUG2 Develop an efficient and timely development review process based on a
public/private partnership.
LUG4 Maximize efficiency of the development review process.
LUP6 Conduct regular reviews of development regulations to determine how
to improve upon the permit review process.
EDP15 The City will continue to implement a streamlined permitting process
consistent with state and federal regulations to reduce the upfront costs
of locating businesses in the City.
EDP18 The City will periodically monitor local and regional trends to be able to
adjust plans, policies, and programs.
(b) The proposed FWRC amendment bears a substantial relationship to the public health,
safety, and welfare because it will allow a streamlined development review process for projects.
The critical area code provisions within FWRC Title 19, Division V, will provide adequate
protection of the environment and critical areas. Eliminating the SEPA inapplicable exemptions
will simplify the development review process for proposals, with less cost and a shorter review
time for the applicant. Any potential impacts that are identified for these projects will be
Ordinance Na 12-711 Page 3 of S
addressed through existing codes or mitigated through the land use process approval as
conditions of approval for the project.
(c) The proposed amendments are in the best interest of the public and the residents of
the City of Federal Way because it provides for the opportunity for a shorter and less costly
review process for proposed development andlor redevelopment of structures. In addition the
proposed code amendments identify and eliminate regulatory redundancy in the municipal code.
Section 3. FWRC 14.30.030 is hereby repealed in its entirety:
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Section 4. Chapter 14.30.040 FWRC is hereby amended to read as follows:
14.30.040 Treatment of proposals.
The city sha11 treat proposals located wholly or partially within a critical area no
differently than other proposais under this title e�sept--as-�*�x�°�-�-�����' '^.�n nzn �
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Section 5. Severabilitv. The provisions of this ordinance are declaxed separate and severable.
The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this
ordinance, or the invalidity of the application thereof to any person or circumstance, shall not
affect the validity of the remainder of the ordinance, or the validity of its application to any other
persons or circumstances.
Section 6. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
Ordinance No. 12-711 Page 4 of 5
scrivener/clerical errors, references, ordinance numbering, section/subsection numbers, and any
references thereto.
Section 7. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 8. Effective Date. This ordinance sha11 be effective thirty (30) days after passage and
publication as provided by law.
PASSED by the City Council of the City of Federal Way this 3rd day of January, 2012.
CITY OF FEDERAL WAY
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ATTEST:
CITY CLERK, CAR L MC ILLY, CMC
APPROVED AS TO FORM:
CI Y ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-8-2011
PASSED BY THE CITY COLJNCIL: 1-3-2012
PUBLISHED: 1-7-2012
EFFECTIVE DATE: 2-6-2012
ORDINANCE NO.: 12-711
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