Planning Commission PKT 03-04-2015City of Federal Way
PLANNING COMMISSION
March 4, 2015 City Hall
117:00 p.m. Council Chambers
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. APPROVAL OF MINUTES
February 4, 2015
4. AUDIENCE COMMENT
5. ADMINISTRATIVE REPORT
6. COMMISSION BUSINESS
•
PUBLIC HEARING
Proposed Amendments Related to the Pegulation of
Adult Family HomesPursuant to FWRC 19.105.080
• STUDY SESSION
Proposed Amendments Related to the 14�gulation ofFWRC
Title 19, Division V — Critical Areas
7. ADDITIONAL BUSINESS
8. ADJOURN
Commissioners
Tom Medhurst, Chair Lawson Bronson, Vice -Chair
Hope Elder Wayne Carlson
Tim D'Neil Saradv Long
Diana Noble- Gulliford Anthonv lldurrietta, ,,Ilternate
K.Tianning CommissioA201MAgenda 03- 04- 15.doc
City Staff
Isaac Conlen, Planning Manager
Margaret Clark, Principal Planner
E. Tina Piety, Administrative Assistant
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CITY OF FEDERAL WAY
PLANNING COMMISSION
February 4, 2015 City Hall
6:00 p.m. Council Chambers
MEETING MINUTES
Commissioners present: Tom Medhurst Lawson Bronson, Hope Elder, and Anthony Murrietta.
Commissioner absent: Sarady Long, Tim O'Neil, and Wayne Carlson (both excused) and Diana Noble -
Gulliford (unexcused). Staff present: Planning Manager Isaac Conlen, Senior Planner Matt Herrera, and
Assistant Attorney Mark Orthmann.
CALL TO ORDER
Chair Medhurst called the meeting to order at 7:05 p.m.
APPROVAL OF MINUTES
The minutes of January 21, 2015, were approved with the correction that Vice -Chair Bronson did not call
the meeting to order; Chair Medhurst was in attendance and called the meeting to order.
AUDIENCE COMMENT
None
ADMINISTRATIVE REPORT
Planning Manager Conlen stated that the next meeting will be February 18`h, which will be a briefing on
FWCP Economic Development Chapter. Meetings are also planned for March 4`h and 18`h. The topic on
March 4`h will be Critical Areas regulations and on March 18`h with be the FWCP City Center Chapter.
COMMISSION BUSINESS
BRIEFING —Federal Way Comprehensive Plan (FWRC) Major Update — Chapter Nine, "Natural
Environment"
Senior Planner Herrera delivered the staff presentation. This chapter holds the goals and policies related
to critical areas and other environmental issues (i.e. open space, air quality, and noise). There are three
main goals with the updates to this chapter. The first is to streamline the chapter and make it user - friendly
by removing repeated background information and dated information. Second is to incorporate feedback
from the public participation (have received feedback on private property rights, tree protection, and open
space). Third is to incorporate current best practices regarding such items as climate change, wetlands,
streams, and the Tacoma Smelter Plume.
The updates clarify information on critical areas, specifically: water resources (stormwater and aquifers;
streams, lakes, frequently flooded areas, and shorelines; and wetlands); geologically hazardous areas; fish
KAPIanning Commission\2015 \Meeting Summary 02- 04- 15.doc
Planning Commission Minutes Page 2 February 4, 2015
and wildlife conservation areas; noise; open space; air quality; and climate change. A new section on tree
preservation was added. State and regional goals were updated. A new policy regarding the Tacoma
Smelter Plume impacts was added. In addition, new goals and policies recognizing private property rights
were added.
Commissioner Elder asked when the city removed contaminated soil from Lakegrove Park; did the city
receive any funding from the Tacoma Smelter? Senior Planner Herrera replied that he does not know if
the city received any funds to help with that clean -up. The state does not give the Asarco funds to private
citizens for clean -up, but uses the funds to provide testing and technical assistance to citizens. Staff will
find the answer and report back at the next meeting.
Peter Townsend, 1648 South 310`" Street, Federal Way — Has property in the Marine View
Estates area. The property is subject to the regulations in regards to shorelines. He has had
discussions with staff on the issue. He commented the city is in process of many different projects
(PACC, Weyerhaeuser, etc.) and should take all of this in consideration. He stated the language is
written for technicians, not regular citizens. It needs editing to make it more understandable to the
average citizen. There is not much input from businesses. Some of the information added does
not belong in a policy document. He commented that he has gotten together with others in the
Marine View Estates area to review the chapter and they need more time for review. He feels
there is too much emphasis to make regulations stricter.
Commissioner Murrietta commented that he feels the document is understandable and readable. He asked
if Mr. Townsend could point out any particular place that he found difficult for the average reader to
understand. Mr. Townsend replied that he is not ready to respond at this time, and would respond in the
next few days. He has had time to read only the first few pages so far. Chair Medhurst commented that he
agrees it can be difficult to read, but staff must be careful to use words in particular ways and
unfortunately, this may lead to a document being difficult to read. Planning Manager Conlen commented
that there is time for citizens to make additional comment. The chapters must come back to the Planning
Commission for a public hearing, then to the city council's Land/Use Transportation Committee, and then
to the City Council for a final determination. Comments will be accepted during this entire time, likely
through the month of June. Planning Manager Conlen stated that some of the material is technical by
nature and staff is willing to relook at that and would be happy to meet with Mr. Townsend.
Commissioner Bronson commented that policy 94 states that the city will conduct operations and
practices that will reduce greenhouse gas emissions; where would he find what is being done in this
regard and what is intended by it. For policy 97, where would he find the definition of a lower carbon
footprint or more fuel efficient? Senior Planner Herrera commented that as policy, the items in this
document are intended to be broad and lofty. In addition, these are policies we would like to go after, but
have not necessarily done yet. Commissioner Bronson replied that fuel efficiency is a defined term, so
how does the city define it? Senior Planner Herrera commented that it is intended to be broad and could
mean a hybrid vehicle. Commission Bronson replied that he is uncomfortable with the words being used
without a definition. Broad definitions could lead to problems in the future. The policies are where the
city wants to go, but Commissioner Bronson does not know where the policies will lead us because the
words are not defined.
Commissioner Elder asked if a person is given a permit from the city to build on a slope and the building
falls down the slope, is the city liable. City Attorney Orthmann replied that generally, it is dependent
upon the situation. Did the city make a mistake and allow something to be built where it should not have
been, or was it an "Act of God "? Commissioner Elder commented that the city seems to be caught in the
middle of protecting people and allowing them to build what they want.
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Planning Commission Minutes Page 3 February 4, 2015
Commissioner Carlson had submitted a number of questions and comments and Senior Planner Herrera
responded to them.
Comment #I had to do with the graphic under "9.1 Natural Environment Goals and Policies" and
what the correct credit for it should be.
Comment #2 is a grammatical change.
Comment #3 speaks to the use of the Endangered Species Act in the Water Resources section. If used,
then should reference other federal regulations and acts. Senior Planner Herrera agrees with
Commissioner Carlson that it would be better to be more general and not reference the Act.
Comment #4 refers to policy # 12, which talks about property rights, and suggests it be reworded.
Comment #5 refers policy #19 and a more technical issue regarding detention ponds and that they do
not add to aquifer recharge.
Comment #6 refers to policy #20 and low- impact development and green stormwater infrastructure; is
staff using the terms interchangeably or are they different. Senior Planner Herrera commented that
they are different. Low- impact development is when stormwater tunoff is dealt with naturally and
green stormwater infrastructure is creation of ways to deal with runoff that mimics the natural
environment, such as rain gardens.
Comment #7 is a grammatical comment. This is,refers to policy #46 and,Commissioner Carlson
suggests replacing "should" with "shall." Senior Planner Herrera commented that he is hesitant
making this change because it would change the broader "should" with a more regulated "shall."
Comment #8 suggests changing the statement that the city will update the wetland inventory when
new delineations are submitted to state the update will occur when the delineations are adopted. Staff
agrees with this change.
Comment #9 is a grammatical change.
Comment #10 suggests changing "Promote" with "Maintain." Staff agrees.
Comment #11, Commissioner Carlson is asking what the city means by policy 100. Will the city
provide noise and reduction mitigation measures in concert with WSDOT? Senior Planner Herrera
agrees the policy should be clarified and refers to residential streets and state highways separately.
The Commission agrees with the changes as outlined by staff.
ADDITIONAL BUSINESS
None
ADJOURN
The meeting was adjourned at 8:10 p.m.
K APlanning Commission \2015 \Meeting Summary 01.21- 15,doc
COUNCIL MEETING DATE: April 21, 2015 ITEM #:
CITY OF FEDERAL WAY
CITY COUNCIL
AGENDA BILL
SUBJECT: ORDINANCE: Proposed code amendment related to the regulation of adult family homes under
FWRC 19.105.080.
POLICY QUESTION: Should the City Council adopt and enact the proposed ordinance amending FWRC
19.105.080 to reconcile apparent conflicts between the FWRC and state law?
COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 6, 2015
CATEGORY:
❑ Consent ® Ordinance ❑ Public Hearing
❑ City Council Business ❑ Resolution ❑ Other
STAFF REPORT BY: Mark Orthmann, Assistant Ci Attorney DEPT: CD/Law
Attachments: Proposed Ordinance.
Background: RCW 35A.63.240 prohibits cities from enacting regulations that treat residential structures
occupied by persons with handicaps differently than other similar residential structures occupied by families or
other unrelated individuals. FWRC 19.105.080 appears to conflict with that statute by imposing regulations on
adult family homes in excess of those imposed on similar residential structures. The proposed amendment will
remove the conflicting language and align the FWRC with state law.
Options Considered: (1) Approve the proposed ordinance and forward to City Council for First Reading; or
_ (2) Decline to adopt the ordinance as proposed and provide direction to staff.
MAYOR'S RECOMMENDATION: The Mayor recommends option number one to approve and forward the
proposed ordinance to the^pril 21, 2015 City Councjil Meeting for First Reading.
MAYOR APPROVAL: < J DIRECTOR APPROVAL: AM 247,016-
Coi uttee Couna Js Initial/bake
V Initiate v Initial/Date
CHIEF OF STAFF: A. k r S +C.i��../t, r/-. a/, j-
Com ee Coune
InitiqFDate Initial/Date
COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on April 21,
2015.
Bob Celski, Chair Kelly Maloney, Member Lydia Assefa- Dawson, Member
PROPOSED COUNCIL MOTION(S):
1ST READING OF ORDINANCE (APRIL 21): "1 move to forward approval of the ordinance to the May 5, 2015
Council Meeting for enactment. "
2ND READING OF ORDINANCE (MAY 5): "1 move approval of the proposed ordinance. "
(BELOW TO BE COMPLETED BY CITY CLERKS OFFICE)
COUNCIL ACTION:
❑
APPROVED
COUNCIL BILL #
❑
DENIED
1ST reading
❑
TABLED/DEFERRED/NO ACTION
Enactment reading
❑
MOVED TO SECOND READING (ordinances only)
ORDINANCE #
REVISED— 08/12/2010
RESOLUTION #
ORDINANCE NO.
AN ORDINANCE of the City of Federal Way, Washington, relating to
the regulation of Adult Family Homes; amending FWRC 19.105.080
(Amending Ordinance No. 09 -605).
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way
Revised Code ( "FWRC "), "Zoning and Development Code," in order to conform to state and federal
law, codify current practices, clarify and update zoning 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 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter
19.35 FWRC; and
WHEREAS, RCW 35.63.220 states that cities may not enact or maintain an ordinance,
development regulation, zoning regulation or official control, policy, or administrative practice that
treats a residential structure occupied by persons with handicaps differently than a similar structure
occupied by a family or other unrelated individuals; and
WHEREAS, "handicaps" are as defined in the Fair Housing Amendments Act of 1988, 42
U.S.C. 3602; and
WHEREAS, portions of FWRC 19.105.080(1), (4), (7), and (8) appear to conflict with RCW
35.63.220; and
WHEREAS, it is in the public interest for the City Council to adopt amendments to FWRC
19.105.080, which regulates adult family homes; and
Ordinance No. 15- Page 1 of 6
Rev 1115
WHEREAS, the proposed FWRC text amendments bear a substantial relationship to the
public health, safety, and general welfare because it brings the FWRC into compliance with statutory
requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601 -19; and
WHEREAS, the portions of FWRC 19.105.080 that appear to conflict with RCW 35.63.220
have never been enforced by the City and the proposed FWRC text amendment codifies the City's
current practices regarding the regulation of adult family homes; and
WHEREAS, the proposed FWRC text amendments result in no substantive changes
respecting use or modification of the environment and are therefore categorically exempt from
compliance with the State Environmental Protection Act pursuant to FWRC 14.15.020 and WAC
197 -11- 800(19); and
WHEREAS, the Planning Commission conducted a public hearing on these code
amendments on March 4, 2015, and forwarded a recommendation to the Land Use and
Transportation Committee of the Federal Way City Council; and
WHEREAS, the Land Use and Transportation Committee considered these code amendments
on April 6, 2015, and recommended adoption of the text amendments as recommended by staff and
the Planning Commission;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council of the City of Federal Way makes the following
findings with respect to the proposed amendments.
Ordinance No. 15- Page 2 of 6
Rev 1/15
(a) These code amendments are in the best interest of the residents of the City and will
benefit the City as a whole by bringing the City's code regulating adult family homes into
compliance with state law.
RC W.
(b) These code amendments comply with the Growth Management Act, Chapter 36.70A
(c) These code amendments are consistent with the intent and purpose of Title 19 FWRC
and will implement and are consistent with the applicable provisions of the Federal Way
Comprehensive Plan.
(d) These code amendments bear a substantial relationship to, and will protect and not
adversely affect, the public health, safety, and welfare.
(e) These code amendments have followed the proper procedure required under the
U"I, RTIJ
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 Federal Way Comprehensive Plan by ensuring that the FWRC complies with state and federal
law.
(b) The proposed FWRC amendment bears a substantial relationship to the public health,
safety, and welfare because it because it brings the FWRC into compliance with statutory
requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601 -19.
Ordinance No. 15- Page 3 of 6
Rev 1/15
(c) The proposed amendment is in the best interest of the public and the residents of the
City of Federal Way because it removes apparent conflicts with RCW 35.63.220.
Section 3. FWRC 19.105.080 is hereby amended to read as follows:
19.105.080 Adult family homes.
Adult family homes are residential uses that are permitted in any zoning district where residential
uses are permitted; provided, that they meet all of the following criteria:
(1) The u6e must be opeFated as paFt of a PFOnGipal residential use.
MWThe use must be licensed by the state, if required.
JQ(3.) All city licensing, zoning, building, housing, and fire regulations applicableto the underlying
type of housing in which the use exists (i.e., single family residence, multifamily residence, etc.)
must be met.
L31(4 1-ot size, building size, setbacks, and lot coverage must conform to those applicable to the
zoning district of the subject property except if the structure is legally nonconforming. 'f the lot or
(4)(a) No more than two persons who are not residents of the dwelling unit may be employed or
work in the adult family home at ary one time.
(5)(6) One off - street parking space must be provided for each nonresidentemployee or worker in
addition to the spaces required by the zoning district for the residential use.
Section 4. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase
of this chapter, or its application to any person or situation, be declared unconstitutional or invalid
for any reason, such decision shall not affect the validity of the remaining portions of this chapter or
Ordinance No. 15- Page 4 of 6
Rev 1115
its application to any other person or situation. The City Council of the City of Federal Way hereby
declares that it would have adopted this chapter and each section, subsection, sentence, clauses,
phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses, phrases, or portions be declared invalid or unconstitutional.
Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to
make necessary corrections to this ordinance including, but not limited to, the correction of
scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any
references thereto.
Section 6. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
Section 7. Effective Date. This ordinance shall take effect and be in force five (5) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this day of
, 20
ATTEST:
CITY OF FEDERAL WAY
MAYOR, JIM FERRELL
CITY CLERK, STEPHANIE COURTNEY, CMC
Ordinance No. 15- Page 5 of 6
Rev 1115
APPROVED AS TO FORM:
CITY ATTORNEY, AMY JO PEARSALL
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Ordinance No. 15- Page 6 of 6
Rev 1115
CITY OF - "``
Federal Way
PLANNING COMMISSION STAFF REPORT
DATE: February 26, 2015
TO: Tom Medhurst — Federal Way Planning Commission Chair
FROM: Matthew Herrera, AICP — Senior Planner
Isaac Conlen — Planning Manager
SUBJECT: Critical Areas Ordinance — 2015 Update
ATTACHMENT: Proposed Text Amendments to Federal Way Revised Code (FWRC) Division V —
Critical Areas
MEETING DATE: March 4, 2015 — Study Session
I. BACKGROUND
Pursuant to RCW 36.70A.130(4), the City of Federal Way is required to update the Critical Areas
Ordinance ensure the ordinance complies with the State's Growth Management Act (GMA) requirements
for Best Available Science. The deadline for this update is June 30, 2015. An extensive background
discussion of the overall comprehensive plan update was provided in the staff report for the July 2, 2014,
Planning Commission meeting and therefore is not repeated here.
II. PLANNING COMMISSION UPDATE PROCESS
The Critical Areas Ordinance update will follow the same general Planning Commission review format as
the comprehensive plan update. Staff will provide proposed edits in two study sessions.
1. First Session — The first study session on March 4 will include proposed edits to the administrative,
geologically hazardous areas, fish and wildlife habitat conservation, critical aquifer recharge areas,
and definitions sections.
2. Second Session — The second study session, tentatively scheduled for April 1, will include frequently
flooded areas, wetlands, and remaining definition sections.
3. Edits to Regulations — Staff will incorporate commission requested edits to the regulations following
the study session and prior to the public hearing.
4. Planning Commission Public Hearing — All edits to the critical areas regulations will be presented to
the Planning Commission at one public hearing. At this point, the Planning Commission will have
already substantively reviewed the regulations in their entirety. The only new material would be any
edits that the commission had requested during the earlier review. From a timing perspective, it will
be important that the commission understands this and does not re -open or reconsider the issues that
have been agreed to in the two study sessions.
III. STREAMLINING THE REGULATIONS
Staff is proposing to make the regulations easier to use by incorporating the existing nine zoning and
development code chapters that represent the existing critical areas regulations into one distinct chapter
titled Environmentally Critical Areas. Administrative chapters will be combined and each individual
critical area will have its own section within the single chapter. The edits enclosed with this staff report
have not been provided in this format yet. The reformatted- one - chapter version of the regulations will be
incorporated into the public hearing document following the two study sessions.
IV. PROPOSED EDITS
The edits proposed by staff incorporate feedback gathered in the public participation process, best
practices, and recommendations from state agencies. Additionally, staff received assistance from the
consultant team of Environmental Science Associates and Robinson Noble to identify Best Available
Science (BAS) gaps in the city's existing critical areas regulations. The following is a summary of
substantive edits to the administrative, geologically hazardous areas, fish and wildlife habitat
conservation, critical aquifer recharge areas, and definitions sections.
V. ADMINISTRATIVE SECTION EDITS
The administrative sections of the critical areas regulations generally apply to all critical areas and consist of:
• Chapter 19.145 — Environment and critical areas in general;
Chapter 19.150 — Critical areas administration; and
Chapter 19.155 — General site design requirements.
I. Unauthorized Alterations and Enforcement — This is a new section that provides guidance to violators
who conduct unpermitted activities in critical areas and for the city staff charged with gaining
compliance. This section provides code enforcement staff the ability to stop all work onsite
(authorized and unauthorized) and require the violator to submit a restoration plan that returns the
area to its previous state. The section also provides the ability to enforce monetary penalties.
2. Critical Area Report —This new section provides applicants and staff an itemized list of instructions
of what needs to be submitted for proposed improvements within critical areas and/or their buffers.
Each specific critical area will also have supplemental information that is listed in their respective
sections that will be included within the report.
3. Exemptions — This new section provides an itemized list of activities that may occur in critical areas
without permission from the Director of Community Development. Examples include: emergency
activities; maintenance and repair of public infrastructure; maintenance, repair, remodeling and
additions to structures within the same building footprint; development on existing paved surfaces;
recreation, education and scientific research activities; and hand removal of invasive and noxious
vegetation. This is a more extensive list than exists in the current regulations.
4. Partial Exemptions — This new section provides an itemized list of activities that do not require a land
use permit but instead require written approval from the director. This allows the city to evaluate
certain activities that require rudimentary review without going through a full permitting process.
Examples include: public improvements and infrastructure; site reconnaissance for preparing land use
applications and building permits; landscaping and gardening activities that were established prior to
city incorporation; demolition of structures; restoration and enhancement; and vegetation
maintenance.
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5. Mitigation Sequencing — This new section requires applicants to demonstrate that reasonable efforts
have been taken to avoid and minimize impacts to critical areas. There are six sequencing steps that
an applicant must respond to for any proposed alteration in a critical area: (1) avoid the impact; (2)
minimize the impact; (3) rectify the impact; (4) reduce or eliminate the impact over time; (5)
compensate for the impact; and (6) monitor the mitigation.
6. Mitigation Plan Requirements — This new section provides an itemized list for applicants and staff of
requirements a mitigation plan needs to address. The plan will contain sections addressing: existing
conditions and proposed impacts; proposed mitigation action(s); goals and objectives of mitigation; a
review of Best Available Science supporting the mitigation; performance standards; detailed
construction plans; monitoring program; contingency plan; and financial guarantee.
7. Critical Area Tracts and Designation On -Site Plans —This new section will require subdivisions of
land that contain critical areas to place those critical areas in non - buildable tracts. A note on the plat
document will identify the critical area(s) and limit any disturbance in the tract without approval from
the city.
Other developments requiring site plan and/or building permit approval that contain critical areas will
be required to identify the critical area and buffer and attach the site plan to a notice on title that will
be recorded at the King County Recorder's Office
8. Building Setbacks — This new section will require a five -foot building setback from critical area'
buffers. The building setback distance is intended to provide adequate room for construction, use, and
access without infringing upon the critical area or buffer. Allowable alterations in the five -foot
setback are landscaping, building overhangs, and fences and railings.
9. Critical Area Markers, Signs, and Fences — This new section will require applicants to mark
boundaries (survey stakes) of critical areas and place signage and fencing along the outer edge of
critical area buffers.
VI. GEOLOGICALLY HAZARDOUS AREAS EDITS
Geologically hazardous areas consist of landslide hazard areas, erosion hazard areas, and seismic hazard
areas.
1. Designation — The section now regulates development activities within 50 feet of a potential
geologically hazardous area. This was increased from 25 feet per recommendations from the city's
geotechnical consultant in order to meet Best Available Science requirements.
2. Landslide Hazards — New protection measures for those areas identified as a landslide hazard area
will now have a 50 -foot standard buffer. Clarification of how and where the hazard is measured is
now provided. The new section also provides an opportunity for an applicant to reduce the width of
the buffer or build within the hazard area if a geotechnical engineer can demonstrate the improvement
will not lead to or create an increased slide hazard.
3. Erosion and Seismic Hazard Areas —New protection measures to do not require a buffer for these
areas, but instead require an applicant to obtain geotechnical engineer recommendation on the design
of the improvement.
4. Additional Critical Area Report Requirements —This edited section provides clarification of
additional geotechnical items that will supplement the critical area report.
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VII. FISH AND WILDLIFE HABITAT CONSERVATION AREAS EDITS
Fish and wildlife conservation areas is a new section added to the critical areas regulations. This section is a
required element to comply with GMA provisions. Staff has moved the existing streams and regulated lakes
codes into this section as these features are types of fish and wildlife. Staff has also added new protection
measures for endangered, threatened, sensitive species, and anadromous fish as mandated by GMA.
1. Stream Classification and Buffers —New stream classifications replace the city's existing two- tiered
major (fish or fish habitat) and minor (no fish and downstream natural blockage) with the state's
Department of Natural Resource classification.
a. Type F streams are those streams with fish or contain fish habitat and require a 100-
foot buffer.
b. Type Np streams are perennial non -fish habitat streams and require a 50 -foot buffer.
c. Type Ns stream are seasonal non -fish habitat streams and require a 35 -foot buffer.
Buffers remain unchanged for fish habitat and perennial non -fish habitat streams. A new reduced
buffer of 35 feet is provided for non -fish habitat streams that are seasonal. The stream definition was
edited to exclude ditches that were human created, e.g. irrigation and drainage ditches, grass lined
swales, and canals from regulation unless they are used by fish.
2. Stream Relocations `- Relocation'criteria has been edited to only allow this activity for public
improvements, compensatory mitigation, or restoration projects.
3. Stream Bulkheads — Edits to this section remove the option of hard armoring and replace it with
streambank stabilization. This change would only allow soft armoring and bioengineering methods to
stabilize streambanks.'
4. Culverts — Edits to this section will now require Hearing Examiner approval instead of administrative
approval for placing streams in culverts.
5. Stream Crossings — This new section provides guidance for stream crossings which is absent from
existing regulations.
6. Stream Buffer Intrusions — Edits to this section require a stream buffer enhancement plan with any
buffer intrusion request. All stream buffer intrusions will be reviewed administratively now instead of
the existing requirement of Hearing Examiner approval.
7. Regulated Lakes —Edits to the lake section allowing dredging activities to prevent eutrophication of
the lakes with director approval and clarifying all lakes less than 20 acres' are regulated lakes.
8. Anadromous Fish Protection — New section provides limitations for development that affect water
bodies used by anadromous fish, which are fish that are born in fresh water but spend most of their
life at sea and then return to fresh water to spawn.
9. Endangered, Threatened, and Sensitive Species Protection — New section requires a management
plan for any development that would impact endangered, threatened, and sensitive species.
' Lakes greater than 20 acres in size are considered Shorelines of the State and regulated by the city's Shoreline Master Program.
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VIII. CRITICAL AQUIFER RECHARGE AREAS EDITS
Critical aquifer recharge areas are six month, one year, five year, and ten year capture zones. Capture
zones are based on proximity to and travel time of groundwater to the city's public water source wells.
No substantive edits were needed in this section. Edits clarify terminology and designation of capture
zones.
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Proposed Edits to
Administrative Sections
(These generally apply to all
environmentally critical areas)
Division V. Critical Areas
Chapter 19.145
ENVIRONMENT LAMENT AND ENVIRONMENTALLY CRITICAL AREAS IN GFNIF°°' }
Sections:
19.145.010 Purpose.
19.145.020 Applicable provisions.
19.145.030 Jurisdiction.
19.145.040 Relationship to other regulations.
19.145.050 Liability.
19.145.XXX Unauthorized alterations and enforcement.
19.145.010 Purpose.
The purpose of this division is to protect the environment, human life and property from harm and degradation.
This is to be achieved by precluding or limiting development in areas where development poses serious or
special hazards; by preserving and protecting the quality of drinking water; and by preserving important
ecological areas such as steep slopes, streams, lakes and wetlands. The public purposes to be achieved by
this division include protection of water quality, groundwater recharge, shoreline 4 ;bilizatien, stream flow
maintenance, stability of slope areas, wildlife and fisheries habitat maintenance, protection of human life and
property and maintenance of natural stormwater storage and filter systems.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.10), 12- 17 -91;
Ord. No. 91 -105, § 4(80.10), 8- 20 -91; Ord. No. 90 -43, § 2(80.10), 2- 27 -90. Code 2001 § 22- 1221.)
19.145.020 Applicable provisions.
..
The provisions of this division apply throughout the city and must be complied with regardless of any other
conflicting provisions of this title. The provisions of this title that do not conflict with the provisions of this
division apply to the subject property.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.15), 12- 17 -91;
Ord. No. 91 -105, § 4(80.15), 8- 20 -91; Ord. No. 90 -43, § 2(80.15), 2- 27 -90. Code 2001 § 22- 1222.)
19.145.030 Jurisdiction.
This d'V'S'GR applies to the subjeGt pFGpeFty
(1) The city shall regulate all uses activities and developments within critical areas and the corresponding
buffer and setback.
(2) Critical areas regulated by the city include the following areas and their corresponding buffers:
1
(a) Wetlands;
(b) Critical aquifer recharge areas;
(c) Fish and wildlife habitat conservation areas;
(d) Frequently flooded areas; and
(e) Geologically hazardous areas.
(2) GGRtaiRS OF is withiR 100 feet of a wellhead;
(3) GontaiRS OF'S WithiR 100 feet of the E)FdiRary high water mark of a rnajGr stFeaRTL
(4) Contains er 1.vithin -50 feet of the ordiRary high water mark of a rniReF StFeam;
(5) CGRtaiRS or within 25 feet of any Fegulated lake;
(6) CGntains, P-r 2-00 feet of the edge of any regulated wetland, inGluding regulated wetlandr, PRISAdated
(7) IS leGated w4hirl a critical FeGhaFge aFea er a wellhead PF0teGtiGR aFea (GRe , five , or 10 yeaF wellhead
captu eioRe�.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 99 -353, § 3,11-16-99; Ord. No.
91 -123, § 3(80.20), 12- 17 -91; Ord. No. 91 -105, § 4(80.20), 8- 20 -91; Ord. No. 90 -43, § 2(80.20), 2- 27 -90. Code 2001
§ 22- 12236)
19.145.040 OtheF allthOFmtv and OUFisdiGtien Relationship to other regulations.
(1) These critical areas regulations shall apply as an overlay and in addition to zoning and other regulations
adopted by the city.
(2) When any provision of this title or any existing regulation, easement, covenant, or deed restriction conflicts
with regulations in this division the regulations which provide greater protection to the critical areas shall apply.
(3) Compliance with the provisions of this division does not constitute compliance with other federal, state, and
local regulations and permit requirements that may be required. The applicant is responsible for complying with
these requirements apart from the process established in this division.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.25), 12- 17 -91;
Ord. No. 91 -105, § 4(80.25), 8- 20 -91; Ord. No. 90 -43, § 2(80.25), 2- 27 -90. Code 2001 § 22- 1224.)
19.145.050 Liability.
(1) The city is not liable for any damage resulting from development activities within critical areas. Prior to
issuance of any building permit or other permit by the building OffiGial use process, or subdivision approval, the
applicant may be required to enter into an agreement with the city, in a form acceptable to the city attorney,
releasing and indemnifying the city from and for any damage or liability resulting from any development activity
on the subject property which is related to the physical condition of the st _! _ pe, stFeam, regulated lobe ar
regulated critical area. This agreement shall be recorded in the county, at the applicant's expense, and
shall run with the property.
(2) The city may also require the applicant to obtain insurance coverage for damage to city or private property
and /or city liability related to any such development activity.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.55), 12- 17 -91;
Ord. No. 91 -105, § 4(80.55), 8- 20 -91; Ord. No. 90 -43, § 2(80.55), 2- 27 -90. Code 2001 § 22- 1225.)
19.145.XXX Unauthorized alterations and enforcement.
(1) When a critical area or its buffer has been altered in violation of this division, all ongoing development work
shall stop and the critical area shall be restored The city shall have the authority to issue a stop work order to
cease all ongoing development work and order restoration rehabilitation or replacement measures at the
owner's or violator's expense to compensate for violation of provisions of this division.
(2) Restoration plan All development work shall remain stopped until a restoration plan is prepared at the
expense of the owner or violator and approved by the city. The plan shall be prepared by a qualified
professional using the best available science and shall describe how the actions proposed meet the minimum
requirements described in subsections (a) and (b) The director may, at the owner or violator's expense seek
expert advice in determining the adequacy of the plan Inadequate plans shall be returned to the owner or
violator for revision and resubmittal.
(a) For alterations to critical aquifer recharge areas frequently flooded areas wetlands, and fish and
wildlife habitat conservation areas the following minimum performance standards shall be met for the
restoration of a critical area. These standards may be modified if the owner or violator can
demonstrate that greater functional and habitat values can be obtained:
(i) The historic structural and functional values shall be restored, including water quality and
habitat functions;
(ii) The historic soil types and configuration shall be replicated;
(iii) The critical area and buffers shall be replanted with native vegetation that replicates the
vegetation historically found on the site in species types, sizes, and densities. The historic
functions and values should be replicated at the location of the alteration; and
(iv) Information demonstrating compliance with the requirements in 19.145.XXX (Mitigation
Plan Requirements) shall be submitted to the director.
b) For alterations to freauentiv flooded areas and geologically hazardous areas, the followin
minimum performance standards shall be met for the restoration of critical area. These standards may
be modified if the owner or violator can demonstrate that greater functional and habitat values can be
obtained:
(i) The hazard shall be reduced to a level equal to, or less than, the pre - development hazard;
(ii) Any risk of personal injury resulting from the alteration shall be eliminated or minimized;
and
NO The hazard area and buffers shall be replanted with native vegetation sufficient to
minimize the hazard.
(3) Site investigations. Site investigations necessary to enforce this division are authorized pursuant to FWRC
7.03.070.
(4) Penalties. Any development carried out contrary to the provisions of this division shall constitute a public
nuisance and subject to provisions of FWRC Chapter 7.03.
Sections:
Chapter 19.150
CRITICAL AREAS ADMINISTRATION'
19.150.010 Administration.
19.150.020 Maps adopted. and inventories.
19.150.030 Basis for determination.
19.150.XXX Critical area report.
19.150.040 Reasonable use of the subject property.
19.150.060 Bonds.
19.150.070 Bed+sat'OR.
19.150.080 Exemptions.
19.150.XXX Partial Exemptions.
19.150.010 Administration.
(-}Except as otherwise established in this division, if a proposed development activity requires ci�approval,
thFOUgh PFGGess 1, 11, , this division will be implemented and enforced as part of that process.
_(2) if subseGtiG)R (1 ) Gf this SeGtion does net apply, any determ'RatiGR Gf the d;FeGtc)r Gf GGFRMUR'ty deve!Gprnen
may be appealed as pmvided for 'R PFGGess IV of this title.-
(Ord. No. 09 -594, § 153, 1 -6 -09; Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No.
91 -123, § 3(80.30(1)), 12- 17 -91; Ord. No. 91 -105, § 4(80.30(1)), 8- 20 -91; Ord. No. 90 -43, § 2(80.30(1)), 2- 27 -90.
Code 2001 § 22- 1241.)
19.150.020 Maps - adopted and inventories.
(1) Critical areas maps and inventories generally designate the location of critical areas within the city and are
adopted by reference.
(2) Area -wide inventories and documents identifying critical areas may not identify all critical areas designated
under this section Whether mapped or not the provisions of this division will apply to all designated critical
areas located within the city. Whenever there is evidence of a critical area located within or in proximity to a
nonexempt action the director may require a critical area report to determine the extent such critical area may
exist.
(3) Critical area maps and inventories are to be used for planning level purposes only and the actual
presence /absence type extent and boundaries of critical areas shall be identified in the field by a qualified
0
professional according to the procedures definitions, and criteria established in this division. In the event of any
conflict between the critical area location and designation shown on the city's map and the criteria or standards
of this division, the criteria and standards shall prevail.
(4) The following maps and inventories, as amended, are used for identifying possible critical areas and their
buffers. Additional state and federal maps and inventories may be used if necessary:
(a) Federal Way critical areas map;
(b) Lakehaven Utility District capture zone map;
(c) Federal Way final wetland inventory report Sheldon and Associates, Inc. July 19, 1999
(d) Preliminary stream inventory, Federal Way gap analysis, November 29, 2001
(e) Washington State Department of Fish and Wildlife priority habitat and species maps
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.30(2)), 12- 17 -91;
Ord. No. 91 -105, § 4(80.30(2)), 8- 20 -91; Ord. No. 90 -43, § 2(80.30(2)), 2- 27 -90. Code 2001 § 22- 1242.)
19.150.030 Basms for deteMinafion-.
exteRt and natuFe Gf the Fegulations that will apply to the subjert property, will be determined base
aRy mRfGFmat*on, mappiRg, studies, mateFia'G, oRspeGtmc)ns or reviews that are reasonably neGessary to
4 mplemeRt this divisiGn and to requiFe that studies, Mapping, materials, wnspeGt'c)ns and
reviews be provided or perfeFmed by a qualified professiGnal aGGeptable te the Gity. QtheF PFGVmSmE)Ar of this
dqvqs*on detaml ether *nforrnatie—n and .'n,-;peGtmc)ns that may be required in same instaRGes.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.30(3)), 12- 17 -91;
Ord. No. 91 -105, § 4(80.30(3)), 8- 20 -91; Ord. No. 90 -43, § 2(8030(3)), 2- 27 -90. Code 2001 § 22- 1243.)
19.150.XXX Critical area report.
(1) Unless waived or modified by the director in accordance with subsection (3), an applicant proposing
activities where impacts or alteration of a critical area or its associated buffer and /or setback shall submit a
critical areas report that adequately evaluates the proposal and probable impacts.
(2) The critical area report shall be prepared by a qualified professional, incorporate best available science, and
include the following items:
(a) The name and contact information of the applicant, a description of the proposal, and identification
of the type of approval (use process, subdivision, building permit) requested;
(b) The dates names, and qualifications of the persons preparing the report and documentation of any
reconnaissance onsite;
7
(c) A scaled site plan depicting critical areas buffers setbacks, and proposed improvements;
(d) Photographs of the site and critical areas;
(e) Identification and characterization of all critical areas adjacent to the proposed improvements;
(f) A description of efforts made to apply mitigation sequencing pursuant to FWRC 19.145.XXX to
avoid, minimize, and mitigate impacts to critical areas;
(g) Additional information required for the individual critical area; and
(h) Any additional information determined by the director to adequately review the proposed activity.
(3) The critical area report may be waived or modified if the director determines:
(a) There will be no alteration of the critical area or buffer; or
(b) The applicant cannot obtain permission to access off -site critical areas or buffers.
19.150.040 Reasonable use of the subject propert Y� .............................................................................................................. ...............................
(1) The provisions of this section establish a mechanism whereby the provisions of this division may be
modified or waived on a case -by -case basis if their implementation would deprive an applicant of all reasonable
use of the subject property.
(2) An applicant may apply for a modification or waiver of the provisions of this division using process IV;
except, that applications for projects on single - family residential lots
may use process III.
(3) The city may approve a modification or waiver of the requirements of this division on a case -by -case basis
based on the following criteria:
(a) The application of the provisions of this division eliminates all reasonable use of the subject
property.
(b) It is solely the implementation of this division, and not other factors, which precludes all
reasonable use of the subject property.
(c) The applicant has in no way created or exacerbated the condition which forms the limitation
on the use of the subject property, nor in any way contributed to such limitation.
(e d) The waiver or modification will not lead to, create nor significantly increase the risk of injury
or death to any person or damage to improvements on or off the subject property.
(4) If the city grants a request under this section, it shall grant the minimum necessary to provide the applicant
with some reasonable use of the subject property, considering the factors described in subsections (3)(a)
through (e) of this section. The city may impose any limitations, conditions and restrictions it considers
appropriate to reduce or eliminate any undesirable effects or adverse impacts of granting a request under this
section.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 99 -353, § 3, 11- 16 -99; Ord. No.
91 -123, § 3(80.35), 12- 17 -91; Ord. No. 91 -105, § 4(80.35), 8- 20 -91; Ord. No. 90 -43, § 2(80.35), 2- 27 -90. Code 2001
§ 22- 1244.)
19.150.060 Bonds.
...
The city may require a bond under Chapter 19.25 FWRC to ensure compliance with any aspect of this division.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.45), 12- 17 -91;
Ord. No. 91 -105, § 4(80.45), 8- 20 -91; Ord. No. 90 -43, § 2(80.45), 2- 27 -90. Code 2001 § 22- 1246.)
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.50), 12- 17 -91;
Ord. No. 91 -105, § 4(80.50), 8- 20 -91; Ord. No. 90 -43, § 2(80.50), 2- 27 -90. Code 2001 § 22- 1247.)
19.150.080 Exemptions.
The following activities and developments are exempt from the provisions of this division and do not require
approval from the director. All exempted activities shall use reasonable methods to avoid potential impacts to
critical areas. An exemption from this division is not an endorsement to degrade a critical area or ignore risk
from natural hazards. The following activities are exempt from the provisions of this division:
(1) Activities and developments in response to €emergencies that, in the opinion of the director Of senai`ty
development, threaten the - public health, safety armor welfare;, or that pose an immediate risk of damage to
property and that require remedial or preventative action in a timeframe too short to allow for compliance with
the requirements of this division. The director will determine what, if any, mitigation shall be required to protect
health safety, welfare and environment and to repair any resource damage.
repair aGtiVities, SpeGifiGafions for work whiGh Fnay orGuF within potential seRsitive aFeas, speGffiGatiens fo
approved plaR. The pub!!G works 6FeGtGF may FequiFe that aR appFGpr.ate bond oF seGUF;ty be maintained with
(2) Operation maintenance or repair of existing public improvements utilities public or private roads parks
trails or drainage systems if the activity does not further alter or increase impact to or encroach further within
the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation,
maintenance or repair, and no new clearing of native vegetation beyond routine pruning.
(3) Development involving or near artificially created wetlands or streams intentionally created from non -
wetland sites including but not limited to grass lined swales irrigation and drainage ditches, detention facilities,
and landscape features except wetlands streams or swales created as mitigation or that provide habitat for
salmonids.
(4) Normal maintenance and repair, reconstruction or remodeling and additions to existing structures that do
not increase the previously approved building footprint.
(5) Development within the footprint of existing paved surfaces that were previously approved.
(6) Recreation, education, and scientific research activities.
(7) Removal by hand of invasive and noxious vegetation. Removal by hand does not include using mechanical
equipment or the use of herbicides.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -105, § 4(80037), 8- 20 -91.
Code 2001 § 22- 1248.)
19.145.XXX Partial Exemptions.
The following activities are partial exemptions to the provisions of this division and require written approval from
the director.
(1) Essential public facilities public utilities and other public improvements The director may permit the
placement of an essential public facility, public utility or other public improvements in a critical area if no
practical alternative with less impact on the critical area(s) exist The specific location and extent of the
intrusion into the critical area must constitute the minimum necessary encroachment to meet the requirements
of the public facility or utility and not pose and unreasonable threat to the health safety, or welfare on or off the
subject property. The intrusion shall attempt to protect and mitigate impacts to the critical area function and
10
values. The "Public utility and other public improvements" shall not include improvements whose primary
purpose is to benefit a private development, including without limitation interior roads or privately owned
detention facilities installed within or during the construction of a residential subdivision, binding site plan, or
other commercial development. The director may require supporting documentation to demonstrate compliance
with partial exemption.
...................................................................................................................................................................................................................................................................................................... ...............................
(2) Site reconnaissance necessary for prepadnq land use or building permit applications. Any disturbance of
the critical area shall be the minimum necessary to conduct the site reconnaissance and the area shall be
restored to its previous condition immediately.
(3) Normal maintenance and continuation of existing landscaping and gardens that were legally established
prior to city incorporation. This partial exemption shall be documented by photographs, statements, and /or
other evidence provided by the applicant.
(4) Demolition of structures. The applicant shall submit a temporary erosion and sedimentation control plan and
apply for applicable demolition permit(s).
(5) Restoration and enhancement which does not alter the location, dimensions, or size of the critical area or
buffer and does not reduce the existing quality or functions of the critical area or buffer. The applicant shall
submit a restoration and /or enhancement plan prepared by a qualified professional or as determined by the
director.
(6) Removal of invasive and noxious vegetation with mechanized equipment and /or with the use of herbicides.
(7) Vegetation maintenance such as hazard tree removal removal of nuisance vegetation, and limited pruning
for view preservation. The applicant shall submit a vegetation maintenance plan prepared by a certified arborist
or registered landscape architect that includes the following:
(a) A site plan at appropriate scale denoting the extent of the proposed vegetation maintenance
activity;
(b) Tree and vegetation location, type, and caliper of each tree within the area subject to the proposed
vegetation maintenance activity;
(c) Identification of methods of vegetation maintenance (limited to hand tools and hand powered tools);
and
(d) Proposed tree and /or vegetation replacement shown on the site plan.
11
Sections:
Chapter 19.155
GENERAL SITE DESIGN REQUIREMENTS'
19.155.XXX Mitigation sequencing
19.155.XXX. Mitigation plan requirements
19.155.XXX. Critical area tracts and designation on site plans
19.155.XXX. Building setbacks
19.155.XXX. Notice on title
19.155.XXX. Critical area markers, signs, and fences
19.155.020 Physical barriers.
19.155.040 Time limitation.
19.155.050 Other requirements.
hazardeus areas, wells, streams, regulated lakes, Fegulated weflandS, and GFitiGal aqu'feF reGharge
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.60(1)), 12- 17 -91;
Ord. No. 91 -105, § 4(80.60(1)), 8- 20 -91; Ord. No. 90-43, § 2(80.60(1)), 2- 27 -90. Code 2001 § 22- 1266.)
19.155.XXX Mitigation sequencing.
Applicants shall demonstrate that all reasonable efforts have been examined with the intent to avoid and minimize
impacts to critical areas When alteration to a critical area is proposed such alteration shall be avoided, minimized, or
compensated in the following order of preference:
(1) Avoiding the impact altogether by not taking a certain action or parts of an action;
(2) Minimizing impacts by limiting the degree or magnitude of the action and its implementation by
using appropriate technology or by taking affirmative steps such as protect redesign relocation or
timing, to avoid or reduce impacts;
(3) Rectifying the impact to the critical area by repairing rehabilitating or restoring the affected
environment to the conditions existing at the time of the initiation of the project;
14
(4) Reducing or eliminating the impact over time by preservation and maintenance operations during
the life of the action;
(5) Compensating for the impact by replacing, enhancing, or providing substitute resources or
environments; and
(6) Monitoring the hazard or other required mitigation and taking remedial action when necessary.
19.155.XXX Mitigation plan requirements.
When mitigation is required the applicant shall submit for approval by the city a mitigation plan as a component
of the critical area report. The mitigation plan shall include the following as determined to be applicable by the
director:
(1) Existing conditions and proposed impacts. A description of existing critical area and /or buffer
conditions functions and values and a description of the anticipated impacts;
(2) Proposed mitigation. A description of the proposed mitigation actions and mitigation site selection
criteria;
(3) Environmental goals and obiectives. A description of the goals and objectives of proposed
mitigation. The goals and objectives shall be related to the function and values of the impacted critical
area and provide an analysis of the likelihood of success of the compensation project;
(4) Best available science. A review of the best available science supporting the proposed mitigation
and a description of the report author's experience to date in restoring or creating the type of critical
area proposed;
(5) Performance standards. A description of specific measurable criteria for evaluating whether or not
the goals and obiectives of the mitigation protect have been successfully attained and whether or not
the requirements of this division have been met;
(6) Timing. Mitigation shall be completed concurrently with project construction, unless a phased
schedule that assures completion has been approved by the director;
(7) Detailed construction plans. Detailed site diagrams, scaled cross - sectional drawings, topographic
maps with slope percentage and final grade elevations, and any other drawing appropriate to show
construction techniques or anticipated final outcome. The plans shall include specifications and
descriptions of the following:
(a) Proposed construction sequence, timing, and duration:
15
(b) Grading and excavation details;
(c) Erosion and sediment control features;
(d) Planting plan specifying plant species quantities locations size spacing and density;
and
(e) Measures to protect and maintain plants until established;
(8) Monitoring program. The mitigation plan shall include a program for monitoring construction of the
compensation proiect and for assessing a completed protect A protocol shall be included outlining the
schedule for site monitoring and how the monitoring data will be evaluated to determine if the
performance standards are being met A monitoring report shall be submitted as needed to document
milestones success problems and contingency actions of the compensation project. The monitoring
period shall be five years The director may require a greater or lesser monitoring period depending on
the overall scope of mitigation;
(9) Contingency plan The mitigation plan shall include identification of potential courses of action, and
any corrective measures to be taken if monitoring or evaluation indicatese project performance
standards are not being met; and
(10) Financial guarantees. The mitigation plan shall include financial guarantees, if necessary, to
ensure that the mitigation plan is fully implemented Financial guarantees ensuring fulfillment of the
compensation proiect monitoring program and any contingency measures shall be posted in
accordance with FWRC Chapter 19.25.
19.155.XXX Critical area tracts and designation on site plans.
(1) Critical area tracts shall be used to delineate and protect those critical areas and buffers below in
development proposals for subdivisions short subdivisions or binding site plans and shall be recorded on all
documents of title of record for all affected lots:
(a) All landslide hazard areas and buffers;
(b) All wetlands and buffers; and
(c) All fish and wildlife habitat conservation areas and buffers;
(2) Critical area tracts shall be designated on the plat. A plat note shall include the following restriction:
(a) Native preservation shall be preserved for the purpose of preventing harm to property and
the environment including but not limited to controlling surface water runoff and erosion,
16
maintaining slope stability, buffering, and protecting plants, fish, and animal habitat. Removal
or disturbance vegetation and landscaping within the tract is prohibited, except as necessary
for maintenance or replacement with approval by the City of Federal Way.
(3) The city may require that any required critical area tract be dedicated to the city, held in an undivided
interest by each property owner within the development with the ownership interest passing with the ownership
of the lot, or held by an incorporated homeowners association or other legal entity which ensures the
ownership maintenance, and protection of the tract.
(4) Site plans submitted as part of development proposals for use process I through V and building permits
shall include and delineate all critical areas with their associated buffers and building setbacks. Site plans shall
be attached to the notice on title required by FWRC 19.145.OXX
19.155.XXX Building setbacks.
Unless otherwise provided, structures shall be setback a distance of five -feet from the edges of a critical area
buffer. The following may be allowed in the building setback area:
(1) Landscaping;
(2) Building overhangs: and
3) Fences and railings less than six feet in height
19.155.XXX. Notice on title.
The owner of any property containinq critical areas or buffers on which a development proposal is submitted or
any property on which mitigation is established as a result of development, except a public right -of -way or the
site of a permanent public facility shall file a notice approved by the city with the King County Recorder's
Office. The required contents and form of the notice shall be determined by the director. The notice shall inform
the public of the presence of critical areas, buffers or mitigation sites on the property, and that limitations on
actions in or affecting such critical areas or buffers may exist. The notice shall run with the land.
19.155.XXX. Critical area markers, signs, and fences.
(1) Markers. Permanent survey stakes delineating the boundary between adioining property and critical area
tracts shall be set, using markers capable of being magnetically located and as established by current survey
standards.
17
(2) Signs Development proposals approved by the City shall require that the boundary between a critical area
buffer and contiguous land shall be identified with permanent signs. Permanent signs shall be a City- approved
type designed for high durability. Signs must be posted at an interval of one per lot or every 150 feet whichever
is less and must be maintained by the property owner or homeowners' association in perpetuity. The wording,
number and placement of the signs may be modified by the director based on specific site conditions.
(3) Fencing Permanent fencing shall be required at the outer edge of the critical area buffer under the following
circumstances:
(a) As part of any development proposal for:
i Plats:
(ii) Short plats;
(iii) Parks;
(iv) Other development proposals including but not limited to multifamily, mixed use, and
commercial development where the director determines that such fencing is necessary to
protect the functions of the critical area;
(b) When buffer reductions are employed as part of a development proposal;
(c) When buffer averaging is employed as part of a development proposal; and
(d) At the director's discretion to protect the values and functions of a critical area.
19.155.020 Physical barriers.
....................................... ..................I............ __ ....... ............................... ............................. ................................ ...............................
The applicant shall install a berm, curb or other physical barrier during construction and, if necessary, following
completion of development of the subject property, to prevent direct runoff and erosion from any disturbed area
onto or into a geG'Gg'Gally h-a-z-a-rdous aRy area witWn 10-0 feet of a wellhead, a stream, a Fegulated lake oF
critical area.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.60(2)), 12- 17 -91;
Ord. No. 91 -105, § 4(80.60(2)), 8- 20 -91; Ord. No. 90-43, § 2(80.60(2)), 2- 27 -90. Code 2001 § 22- 1267.)
hazardous wellhead, stream, I t d lake d regulated w etIaR -1 aFea,
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.60(3)),12-17-91;
Ord. No. 91 -105, § 4(80.60(3)), 8- 20 -91; Ord. No. 90-43, § 2(80.60(3)), 2- 27 -90. Code 2001 § 22- 1268.)
18
19.155.040 Time limitation.
The city may limit development activities which involve any clearing and grading to
specific months of the year and to a maximum number of continuous days or hours in order to minimize
adverse impacts.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.60(4)),12-17-91;
Ord. No. 91 -105, § 4(80.60(4)), 8- 20 -91; Ord. No. 90-43, § 2(80.60(4)), 2- 27 -90. Code 2001 § 22- 1269.)
19.155.050 Other requirements.
The city may require other construction techniques, conditions and restrictions on development in order to
minimize adverse impacts on
prGteGfien areas, streams, regulated lakes, oF regulated vVeti.ands, critical areas.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.60(5)), 12- 17 -91;
Ord. No. 91 -105, § 4(80.60(5)), 8- 20 -91; Ord. No. 90-43, § 2(80.60(5)), 2- 27 -90. Code 2001 § 22- 1270.)
1
Cross references: Building and building regulations, FWRC Title 13; environmental policy, FWRC Title 14;
drainage program, FWRC Title 16; subdivisions, FWRC Title 18; design criteria for subdivision
improvements, Chapter 18.55 FWRC; site plan review, Chapter 19.60 FWRC; mitigation of development
impacts, Chapter 19.100 FWRC; landscaping, Chapter 19.125 FWRC; district regulations, FWRC Title 19,
Division VI; supplementary district regulations, FWRC Title 19, Division VII.
19
Proposed Edits to
Geologically Hazardous Areas
Sections:
Chapter 19.160
GEOLOGICALLY HAZARDOUS AREAS
19. 160.010 Limwtat+ens.Applicability and designation.
19.160.XXX Desiqnation.
19.160.XXX Landslide hazard areas protection measures.
19.160.XXX Erosion and seismic hazard areas protection measures.
19.160.XXX Additional report requirements — Geologically hazardous areas.
19.160 04OXXX ' iFnatafiGnsA licabilit and designation. 11
(1) This section regulates development activities and land suFfaGe modifiGatio on or within 2550 feet of a
geologically hazardous area.
(2) Geologically hazardous areas include areas susceptible to erosion landsliding, seismic, or other geological
events Areas susceptible to one or more of the following types of hazards shall be designated as geologically
hazardous areas as defined in FWRC 19.05.070G:
(a) Erosion hazard;
(b) Landslide hazard; and
(c) Seismic hazard.
(2 3) The director may permit development activities,
on or within 2550 feet of a geologically hazardous area if the
development- activity er land surfaGe modification will not lead to or create any increased slide, seismic or
erosion hazard.
19.160.XXX Landslide hazard areas protection measures.
Landslide hazard areas shall have a standard buffer of 50 feet.
(a) Landslide hazard area buffers shall be measured from the top and toe, and along sides of
the slope.
(b) The width of the buffer shall reflect the sensitivity of the landslide hazard area and the types
and density of uses proposed on or adjacent to the hazard. In determining the appropriate buffer
width the director shall consider the recommendations contained in the critical areas report.
(c) Buffers may be reduced or improvements may be located in a landslide hazard area when a
qualified professional demonstrates to the director's satisfaction that the improvements will not
lead to or create any increased slide hazard.
21
(d) The buffer may be increased where the director determines a larger buffer is necessary to
prevent risk of damage to proposed and existing improvements.
19.160.XXX Erosion and seismic hazard areas protection measures.
(1) Erosion hazard areas and seismic hazard areas do not contain standard buffers.
(2) All proposed improvements within an erosion hazard area or seismic hazard area shall follow the
recommendations of a qualified professional within the critical area report to ensure the improvements will not
adversely affect geologic hazards and the improvements are certified safe, by a geotechnical engineer licensed
in the state, as designed under anticipated conditions.
(3) Proposed improvements within an erosion hazard area shall also demonstrate all of the following via the
critical area report:
(a) The improvement will not increase surface water discharge or sedimentation to adjacent
properties beyond predevelopment conditions;
(b) The improvement will not decrease slope stability on adjacent properties: and
(c) The improvement will not adversely impact other critical areas.
19.160.XXX Additional report requirements — Geologically hazardous areas.
(413efore approving any development activity oF land suFfaGe modifiGatiGR under this section, the city may
require the applicant to submit the following additional information to the critical areas report:
(a) A soils - geotechnical report prepared by a geotechnical engineer or
engineering geologist licensed in the state which describes how the proposed developmeR
activity will impact each of the following on the subject property and nearby properties:
(i) Slope stability, landslide hazard and sloughing.
(ii) Seismic hazards.
(iii) Groundwater.
(iv) Seeps, springs and other surface waters.
(v) Existing vegetation.
(b) A site plan. in two foot contours, that identifies the tvpe and extent of geologically hazardous
areas onsite and offsite which are likely to impact the proposal.
(b) Recommended foundation design and optimal location for roadway improvements.
(c) Recommended methods for mitigating identified impacts and a description of how these
mitigating measures may impact adjacent properties.
(d) Any other information the city determines is reasonably necessary to evaluate the proposal.
22
(4) If the city approves any development under this section, it may, among
other appropriate conditions, impose the following conditions of approval:
(a) That the recommendations of the seils geotechnical report be followed.
(b) That the applicant pay for the services of a geotechnical engineer or
engineering geologist selected and retained by the city to review the sells- geotechnical report
and other relevant information.
(c) That a geotechnical engineer or engineering geologist be present on-
site during all land suFfaGe FnedifiGaUGR activities.
(d) That trees, shrubs and groundcover be retained except where necessary for approved
developrent- activities on the subject property.
(e) That additional vegetation be planted in disturbed areas.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.65), 12- 17 -91;
Ord. No. 91 -105, § 4(80.65), 8- 20 -91; Ord. No. 90 -79, § 3, 12- 18 -90; Ord. No. 90 -43, § 2(80.65), 2- 27 -90. Code 2001
§ 22- 1286.)
Cross references: Land surface modifications, Chapter 19.120 FWRC; landscaping, Chapter 19.125
FW RC.
23
Proposed Edits to
Fish and Wildlife Habitat
Conservation Areas
(i.e., streams, lakes, endangered species)
Sections:
Chapter 19.165
STREAMS FISH AND WILDLIFE HABITAT CONSERVATION AREAS
19.165.XXX Applicability, designation, and classification.
19.165.010 Retbanks Stream buffers.
19.165.020 Stream Rrelocation.
19.165.030 BulkheadsStream stabilization.
19.165.040 Culverts.
19.165.050 Removal of streams from culverts.
19.165.060 Rehab+I+tatienStream crossings.
19.165.070 Intrusion into stream buffers.
19.165.080 Additional FRequirements for land suFfaGe clearing and grading.
19.165.XXX Regulated lake buffers.
19.165.XXX Activities and improvements waterward of the ordinary high water mark of regulated
lakes.
19.165.XXX Activities and improvements allowed within regulated lake buffers.
19.165.XXX Regulated lake bulkheads.
19.165.XXX Anadromous fish protection measures.
19.165.XXX Endangered, threatened, and sensitive species protection measures.
19.165.XXX Applicability, designation, and classification.
(1) This section regulates development in fish and wildlife habitat conservation areas (FWCHA) and their
associated buffers. FWCHAs in the city include (2) through (6) of this subsection. All areas within the city of
Federal Way meeting one or more of these criteria regardless of any formal identification, are hereby
designated critical areas and are subject to the provisions of this title and shall be managed consistent with the
best available science such as the Washington Department of Fish and Wildlife's Management
Recommendations for Priority Habitat and Species
(2) Streams. Streams shall be classified in accordance with the Washington Department of Natural Resources
water typing system (WAC 222 -16 -030 ) hereby adopted in its entirety by reference and summarized as follows:
(a) Type S: streams inventoried as "shorelines of the state" under Chapter 90.58 RCW and the rules
promulgated pursuant to Chapter 90.58 RCW;
(b) Type F: streams which contain fish habitat;
(c) Type NP: perennial nonfish habitat streams; and
25
(d) Type Ns: seasonal nonfish habitat streams.
(3) Regulated lakes. Those lakes within the city of Federal Way that are less than 20 acres in size and not
regulated as shorelines of the state.
(4) Areas with which state or federally designated endangered, threatened, and sensitive species have a
primary association.
(a) Federally designated endangered and threatened species are those fish and wildlife species
identified by the U.S. Fish and Wildlife Service and the NOAA Fisheries that are in danger of extinction
or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine
Fisheries Service should be consulted for current listing status.
(b) State - designated endangered, threatened, and sensitive species are those fish and wildlife species
native to the state of Washington identified by the Washington Department of Fish and Wildlife, that
are in danger of extinction threatened to become endangered, vulnerable, or declining and are likely
to become endangered or threatened in a significant portion of their range within the state without
cooperative management or removal of threats. State - designated endangered, threatened, and
sensitive species are periodically recorded in WAC 232 -12 -014 (state endangered species) and WAC
232 -12 -011 (state threatened and sensitive species). The state Department of Fish and Wildlife
maintains the most current listing and should be consulted for current listing status.
(5) State priority habitats and areas associated with state priority species. Priority habitats and species are
considered to be priorities for conservation and management. Priority species require protective measures for
their perpetuation due to their population status, sensitivity to habitat alteration, and /or recreational,
commercial or tribal importance. Priority habitats are those habitat types or elements with unique or significant
value to a diverse assemblage of species. A priority habitat may consist of a unique vegetation type or
dominant plant species, a described successional stage, or a specific structural element. Priority habitats and
species are identified by the state Department of Fish and Wildlife.
(6) Habitats and species of local importance. Habitats and species of local importance are those identified by
the city of Federal Way, including but not limited to those habitats and species that, due to their population
status or sensitivity to habitat manipulation, warrant protection. Habitats may include a seasonal range or
habitat element with which a species has a primary association, and which, if altered, may reduce the likelihood
that the species will maintain and reproduce over the long term.
19.165.010 Setbasks Stream buffers.
(1) No land surfaGe medifiGation oF improvementrdevelopment activities may take place or be located in a
stream or within the following setbaskbuffer areas except as allowed within this division. Buffer widths shall be
MI
measured outward on a horizontal plane from the ordinary high water mark or top of bank if the ordinary high
water mark cannot be identified:
Type
F Stream
100 -feet
Type
NP Stream
50 -feet
Type
Ns Stream
35 -feet
(2) The setback buffer areas established by this section do not apply to any segment of a stream that is
presently within a culvert, unless that stream will be taken out of the culvert as part of development of the
subject property.
(3) The director may require increased buffer widths that are necessary to protect habitat health safety , and welfare
on site specific areas as follows:
(a) When the director determines that the buffer width is insufficient to prevent habitat degradation;
(b) When a channel migration zone is present The stream buffer width shall be measured from the outer
edge of the channel migration zone; or
(c) When the stream buffer area is within an erosion or landslide hazard area.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 99 -353, § 3, 11- 16 -99; Ord. No.
91 -123, § 3(80.75), 12- 17 -91; Ord. No. 91 -105, § 4(80.75), 8- 20 -91; Ord. No. 90 -79, § 4, 12- 18 -90; Ord. No. 90 -43, §
2(80.75), 2- 27 -90. Code 2001 § 22- 1306.)
Cross references: Water quality, Chapter 16.45 FWRC; land surface modifications, Chapter 19.120 FWRC;
landscaping, Chapter 19.125 FWRC.
19.165.020 Stream #relocation.
....................
(1) Relocation of a stream ^^ the s bjeGt ^F^^°'ty is will be permitted only as part of a public project for which
an essential public facility, public utilities or other public improvements has been granted a partial exemption
from the director or if the relocation is associated with compensatory mitigation or restoration project. An
proposed relocation is subject to all of the conditions and restrictions of this section.
PNRG
(3}aLAs part of any request under this section, the applicant must submit a stream relocation plan with the
critical areas report, prepaFed by a qualified professiGRal approved by the G*, that shows the following:
(a) The creation of a natural meander pattern.
27
(b) The formation of gentle side slopes, at least two feet horizontally to one foot vertically, and the
installation of erosion control features for stream side slopes.
(c) The creation of a narrow subchannel, where feasible, against the south or west bank.
(d) The utilization of natural materials, wherever possible.
(e) The use of vegetation normally associated with streams, including primarily native riparian
vegetation.
(f) The creation of spawning and nesting areas, wherever appropriate.
(g) The re- establishment of the fish population, wherever feasible.
(h) The restoration of water flow characteristics compatible with fish habitat areas, wherever feasible.
(i) The filling and revegetation of the prior channel.
Q) A proposed phasing plan specifying time of year for all project phases.
(4) The city will allow a stream to be relocated only if water quality, habitat and stormwater retention capability
of the streams will be signifisantfy-the equivalent or improved by the relocation. Convenience to the applicant in
order to facilitate general site design may not be considered.
(5) Prior to diverting water into the new channel, a qualified professional approved by the city shall inspect the
new channel following its completion and issue a written report to the director of community development
stating that the channel complies with the requirements of this section.
(6) The amount of flow and velocity of the stream may not be increased or decreased as the stream enters or
leaves the subject property.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 99 -353, § 3, 11- 16 -99; Ord. No.
91 -123, § 3(80.80), 12- 17 -91; Ord. No. 91 -105, § 4(80.80), 8- 20 -91; Ord. No. 90 -43, § 2(80.80), 2- 27 -90. Code 2001
§ 22- 1307.)
19.165.030 Bulkheads Steambank stabilization.
(1) A Bead Streambank stabilization may not be located in or along a stream except as established in this
section.
(2) A request for a bulkhead streambank stabilization in or along the stream will be reviewed and decided upon
using process III in Chapter 19.65 FWRC.
(3) A request to IGGate a bulkh install streambank stabilization in or along the stream will only be granted if
the
naturally occurring movement threatens existing improvements, unique natural
resources, or the only feasible access to the subject property.
(4) Streambank stabilization shall be achieved through bioengineering or soft armoring techniques in
accordance with an approved critical area report.
28
(4) The bulkhead, if permitted, must be designed to minimize the traRsFnittal of wateF GurreRt to ethe;
pFeperties. ChaR986 on the horizontal or veFt'Gal Gonfiguratien of the Iand iR or around the stream must be kep
to a Mini
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 97 -291, § 3, 4 -1 -97; Ord. No.
91 -123, § 3(80.85), 12- 17 -91; Ord. No. 91 -105, § 4(80.85), 8- 20 -91; Ord. No. 90 -43, § 2(80.85), 2- 27 -90. Code 2001
§ 22- 1308.)
Cross reference: Environmental policy, FWRC Title 14.
19.165.040 Culverts.
............... ...............................
(1) Culverts are permitted in streams only if approved under this section. This section applies to culverts not
associated with a stream crossing that are regulated under FWRC 19.165.XXX.
(2) The city will review and decide upon applications under this 4t4-` section using process tWIV in Chapter
44.&519.70 FWRC. Responses to decisional criteria and design requirements within this section shall be
included in the critical areas report.
(3) The city will allow a stream to be put in a culvert only if:
(a ) No signifiGant habitat area will be destroyed Mitigation habitat is equivalent or improved from the
pre - existing condition; and
(b) It is necessary for some reasonable use of the subject property. Convenience to the applicant in
order to facilitate general site design will not be considered. The applicant must demonstrate, by
submitting alternative site plans showing the stream in an open condition, that no other reasonable site
design exists.
(4) The culvert must be designed and installed to allew passage of fish inhabiting OF UsiRg the strearn
consistent with the requirements of the Washington Department of Fish and Wildlife (WDFW 2013, Water
Crossing Design Guidelines, as amended). The culvert must be large enough to accommodate a 100 -year
storm.
(5) The applicant shall, at all times, keep all culverts on the subject property free of debris and sediment so as
to allow free passage of water and, if applicable, fish. The city shall may require a bond under Chapter 19.25
FWRC to ensure maintenance of the culvert approved under this section.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 97 -291, § 3, 4 -1 -97; Ord. No.
91 -123, § 3(80.90), 12- 17 -91; Ord. No. 91 -105, § 4(80.90), 8- 20 -91; Ord. No. 90 -43, § 2(80.90), 2- 27 -90. Code 2001
§ 22- 1309.)
19.165.050 Removal of streams from culverts.
If development of the subject property requires cityapproval title, the city
may require the stream to be taken out of the culvert and restored to a natural -like configuration as part of the
city's approval of development of the subject property.
29
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.95), 12- 17 -91;
Ord. No. 91 -105, § 4(80.95), 8- 20 -91; Ord. No. 90 -43, § 2(80.95), 2- 27 -90. Code 2001 § 22- 1310.)
19.165.060 Rehabelkatknv.
The diFeGtOF Gf GOMMunity development may permit or req64e the appliGant to rehabilitate or maintain a stream
by requiring the FeMoval of detFimental materials SUGh as debris, sediment and invasive, nGnnafive vegetatiOR.
Approval of stream rehabilitation shall be based on a review of a plan containing, at a mffinimum, aR analysis of
existing Gonditions, ideRtifin-a3tiOn n-f the, sourGe, if possible, of the degradation of the stream or asae`;
ReGessaFy. The dirertor shall require an appliGant to retain the seFV'Ges of a qualified pFefessiGRal R pFepaFiFlg
the resteration plan. These aGtions may be permitted eF required at any time that a Gondition detrimental to
water quality, stability ef stream baRks, degradatiGR ef existing naturally vegetated buffers, orin stream habita
P-Msts. ln.tnisions inte regulated steep slopes and aSSGG.ated setbaGks will be allowed for purposes of approved
stream rehabilitation projeGts-.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 99 -353, § 3, 11- 16 -99; Ord. No.
91 -123, § 3(80.100), 12- 17 -91; Ord. No. 91 -105, § 4(80.100), 8- 20 -91; Ord. No. 90-43, § 2(80.100), 2- 27 -90. Code
2001 § 22- 1311.)
19.165.060 Stream crossings.
(1) Stream crossings will be reviewed and decided upon using process III in Chapter 19.65 FWRC. Responses
to decisional criteria and design requirements in this section shall be included in the critical areas report.
(2) The use of existing crossings across streams or buffers is preferred to new crossings. New stream
crossings may be allowed and may encroach on the required stream buffer if:
(a) Bridges bottomless culverts, or other appropriate methods demonstrated to provide fisheries
protection shall be used for stream crossings and the applicant shall demonstrate that such methods
and their implementation will pose no harm to the stream habitat or inhibit migration of anadromous
fish
(b) All crossings are constructed during the summer low flow and are timed to avoid stream
disturbance during periods when use is critical to salmonids, if present;
(c) Crossings do not occur over spawning areas used by salmonids unless the city determines that no
other possible crossing site exists;
(d) Bridge piers or abutments are not placed within the ordinary high water mark;
(e) Crossings do not diminish the flood - carrying capacity of the stream;
(f) Crossings are consistent with design requirements of the Washington Department of Fish and
Wildlife (WDFW, 2013, Water Crossing Design Guidelines, as amended);
[till]
(g) Underground utility crossings are laterally drilled and located at a depth of four feet below the
maximum depth of scour for the base flood predicted by a civil engineer licensed in the State of
Washington Temporary bore pits to perform such crossings may be permitted within the stream buffer
established in this division;
(h) The number of crossings is minimized and consolidated to serve multiple purposes and properties
whenever possible;
(i) Disturbances to the stream buffer are adequately compensated by a stream buffer enhancement
plan; and
(i) No reasonable alternative exists to access the subject property.
19.165.070 Intrusion into setbacks stream buffers.
n a setback from a stFeam 'f he or she deteFmiRes that the line eF impreveMeRt must traverse the ;etbaGk area
beGause nG feasible altemative IGGatiOR exsts based en an analysis Of teGhRology and system eff;GmenGy. The
eRGrGaGhment to meet the requirements ef the pub!*G faGility or utility. " PubfiG u0ty and other- publiG
ts" shall RGt 'RGlude improvements whese primary puFpose as to benefit a private development,
Rduding withGut limitation inteF'OF reads Gr privately owned detention fadlities installed within or during the-
(1) A request for an intrusion into a stream buffer will be reviewed and decided upon using process III in
Chapter 19.65 FWRC Responses to decisional criteria and design requirements in this section shall be
included in the critical areas report.
may be IGGated within the setbadk area Of approved thFough PFOGess 111, based on the fGllOW'Rg Griteria:
(a) It Will Ret adversely affeGt water qua"tyj
(b) it will not adVeFSely affeGt the exiStiRg quality of wildlife habitat �.qwth'n. th.p strparn OF setbaGk area;
(e) it will not be materially detrimental to any other prepeFty nor te the Gity as a whele; and
a)thFough
(e) of this orfeR,
(2) Stream buffer intrusions may be permitted with a buffer enhancement plan. The applicant shall demonstrate
that the remaining or enhanced reduced buffer will function at an equivalent or higher level than the standard
31
buffer. The plan shall provide an assessment of the following existing functions and conditions of the buffer and
the effects of the proposed modification on those functions:
(a) Habitat;
(b) Water quality;
(c) Stormwater retention capabilities;
(d) Groundwater recharge; and
(e) Erosion protection.
(3) Other intr-usion-R. Q-thA—r than as SpeGified on subseGt*GRG (1) and (2) of , The city may approve
aRy request to IeGate an OF eRgage an land within a stream setbaGk buffer
intrusion based on the following criteria:
(a) It will not adversely affect water quality;
(b) It will not adversely affect the existing quality of wildlife habitat within the stream or setbaGk buffer
area;
(c) It will not adversely affect drainage or stormwater retention capabilities;
(d) It will not lead to unstable earth conditions nor create erosion hazards; and
(e) It will not be materially detrimental to any other property in the area of the subject property nor to
the city as a whole, inGluding the less of signiftant epeR spaGe; and
(f) It is necessary for reasonable development of the subject property.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 99 -353, § 3, 11- 16 -99; Ord. No.
91 -123, § 3(80.105), 12- 17 -91; Ord. No. 91 -105, § 4(80.105), 8- 20 -91; Ord. No. 90-43, § 2(80.105), 2- 27 -90. Code
2001 § 22- 1312.)
19.165.080 Additional FRequirements for clearing and radin .
if any land meaddifin-ation Any permitted clearing and grading activities is pe--itted within tie-a stream or
stream setbaGk buffer area, the appliGan shall also comply with the following additional requirements:
(1) Grading is allowed only durinq the dry season (May 1 to Oct 1). The director may extend or shorten the dry
season on a case -by -case basis, determined on actual weather conditions.
(2) The soil duff laver shall remain undisturbed to the maximum extent possible. Where feasible, any soil
disturbed shall be redistributed to other areas of the project area.
(3) The moisture - holding capacity of the topsoil laver shall be maintained by minimizing soil compaction or
reestablishing natural soil structure and infiltrative capacity on all areas of the proiect area not covered by
impervious surfaces.
(4) Erosion and sediment control that meets requirements of FWRC Title 16.
32
(1 5) All fill material used must be nondissolving and nondecomposing. The fill material must not contain
organic or inorganic material that would be detrimental to water quality or the existing habitat.
(2 6) The applicant may deposit dredge spoils on the subject property only if part of an approved development
on the subject property.
(3 7) The applicant shall stabilize all areas left exposed after clearing and gradinq
activities with native vegetation normally associated with the stream or setback -buffer area.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04; Ord. No. 91 -123, § 3(80.110), 12- 17 -91;
Ord. No. 91 -105, § 4(80.110), 8- 20 -91; Ord. No. 90 -43, § 2(80.110), 2- 27 -90. Code 2001 § 22- 1313.)
19.165.XXX Regulated lake buffers.
(1) All areas landward 25 feet in every direction from the ordinary high water mark of a regulated lake are within
the buffer area from a regulated lake.
(2) No activities may take place within regulated lakes or within buffer areas from regulated lakes except as
allowed in this division.
19.165.XXX Activities and improvements waterward of the ordinary high water mark of
regulated lakes.
This section regulates structures, improvements and activities waterward of the ordinary high water mark of
regulated lakes. Responses to decisional criteria and design requirements within this section shall be included
in the critical areas report.
(1) Dredging and filling Dredging activities necessary to prevent lake eutrophication may be authorized by the
director with a critical areas report that demonstrates the appropriate need and method of dredginq.
(2) Structures and improvements The only structures or improvements that may be located waterward of the
ordinary high water mark of a regulated lake are moorage structures The city will review and decide upon any
proposal for a moorage structure waterward of the ordinary high water mark using process III. The city may
grant a request under this section if the moorage structure is accessory to a dwelling unit or public park on the
subiect property and no significant habitat area will be damaged by its construction or use. A moorage
structure if permitted may not extend waterward further than is reasonably necessary to function properly, but
in no event more than 200 feet waterward of the ordinary high water mark. Moorage structures may not be
treated with creosote, oil base or other toxic substances. The top of the moorage structure may not be more
than two feet above the elevation of the ordinary high water mark.
19.165.XXX Activities and improvements allowed within regulated lake buffers.
No structure improvement nor clearing and grading may be located or take place within the buffer area from a
regulated lake except as allowed in this section Responses to decisional criteria and design requirements
within this section shall be included in the critical areas report.
33
(1) Landscaping and clearing and grading. Except as otherwise specifically permitted in this section, the buffer
area from a regulated lake may not be covered with an impervious surface. Installation and maintenance of
normal residential or park -like landscaping may take place within the required buffer area; provided, that no
fertilizers, pesticides or other chemicals or substances are applied within the setback area that will degrade
water quality or hasten eutrophication of the lake. Development beyond installation and maintenance of normal
residential or park -like landscaping may only be permitted within the buffer area if approved through use
process III approval based on the following criteria:
(a) The proposed development is necessary for the reasonable use of the subject property.
(b) The proposed development will not increase or decrease the size of the regulated lake.
(c) The proposed development will not change the points where any water enters or leaves the subject
property nor in any way change drainage patterns to or from adjacent properties.
(d) The proposed development will not be detrimental to water quality or habitats in or around the lake.
(2) Minor structures and improvements. Minor improvements such as walkways, benches, platforms for storage
of small boats and small storage lockers for paddles, oars, life preservers and similar boating equipment may
be located within the buffer area if approved through use process I approval based on the following criteria:
(a) The minor improvement will not adversely affect water quality.
(b) The minor improvement will not destroy nor damage a significant habitat area.
(c) The minor improvement will not adversely affect drainage or stormwater retention capabilities.
(d) The minor improvement will not be materially detrimental to any other property in the area of the
subject property nor to the city as a whole.
(3) Other intrusions.
(a) Where the properties immediately abutting the subject property have dwelling units which extend
into the buffer area the applicant may construct a dwelling unit on the subject property that extends
into this buffer area to the extent permitted in subsection (4)(b) of this section.
(b) Where subsection (4)(a) of this section applies, the dwelling unit on the subject property may be no
closer to the ordinary high water mark of the regulated lake than the average of the distance of the two
dwelling units on the properties immediately abutting the subject property. If one of the properties
immediately abutting the subject property does not contain a dwelling unit or the dwelling unit on that
abutting property is more than 25 feet from the ordinary high water mark of the regulated lake, the
setback of the dwelling unit on that lot will be presumed to be 25 feet for the purposes of calculating
the permissible location for the dwelling unit on the subject property under this section.
(4) Reveaetation. The applicant shall stabilize all areas left exposed after land surface modification with
appropriate vegetation
34
19.165.XXX Regulated lake bulkheads.
(1) General A bulkhead is permitted within or adjacent to a regulated lake subject to the provisions of this
section.
(2) Required permit The city will review and decide upon an application under this section using process Ill.
Responses to decisional criteria and design requirements within this section shall be included in the critical
areas report.
(3) Criteria. The city may permit a bulkhead to be constructed only if:
(a) The bulkhead is needed to prevent significant erosion.
(b) The use of vegetation or soft stabilization techniques will not sufficiently stabilize the shoreline to
prevent the significant erosion.
() Design features A bulkhead may not be located between a regulated lake and a wetland. Changes in the
horizontal or vertical configuration of the land must be kept to a minimum. The bulkhead must be designed to
minimize the transmittal of wave energy to other properties.
19.165.XXX Anadromous fish protection measures.
(1) All activities uses and alterations proposed to be located in water bodies used by anadromous fish or in
areas that affect such water bodies shall give special consideration to the preservation and enhancement of
anadromous fish habitat, including, but not limited to the following standards:
(a) Activities shall be timed to occur only during the allowable work window as designated by the
Washington Department of Fish and Wildlife:
(b) The activity is designed so that it will not degrade the functions or values of the fish habitat or other
critical areas:
(c) Any impacts to the functions or values of the habitat conservation area are mitigated in accordance
with an approved critical area report.
(2) Structures that prevent the migration of salmonids shall not be allowed in the portion of water bodies
currently or historically used by anadromous fish. Fish bypass facilities shall be provided that allow the
upstream migration of adult fish and shall prevent fry and juveniles migratinq downstream from being trapped
or harmed.
19.165.XXX Endanaered. threatened. and sensitive species protection measures.
(1) No development shall be allowed within a habitat conservation area or buffer with which state or federally
endangered threatened or sensitive species have a primary association except that which is provided for by a
management plan established by Washington Department of Fish and Wildlife or applicable state or federal
agency.
M
(2) Whenever activities are proposed adiacent to a habitat conservation area with which state or federally
endangered threatened, or sensitive species have a primary association, such area shall be protected through
the application of protection measures in accordance with a critical area report prepared by a qualified
professional and approved by the city. Approval for alteration of land adiacent to the habitat conservation area
or its buffer shall not occur prior to consultation with the Washington Department of Fish and Wildlife and other
appropdate federal or state agencies.
36
Proposed Edits to
Critical Aquifer Recharge Areas
Chapter 19.185
CRITICAL AQUIFER RECHARGE AREAS AND WELLHEAD HEAD PROTECTION AREAS
Sections:
19.185.010 '' a^�, r. tatieRs. Designation.
19.185.020 Classification of �•�°'..head capture zones.
19.185.030 General requirements.
19.185.040 Prohibited activities in Wellhead Six Months and One Year Capture Zones -1.
19.185.050 Regulation of facilities handliRg and stering hazaFdoys materials, activities in critical
aquifer recharge areas.
19.185.060 PeFfermance standards Capture zone protection measures.
19.185.070 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas and
wellhead protection areas.
19.185.010- �sDesi nation.
This chapter regulates any development activity,
14, EnviFORFR8Rtal PE)liGy, and Title 15, Shoreline MaRagemeRt, and whigh is located within designated
wellhead capture zones. Wellhead GaptuFe Z^^°s', 2, and 3 Six months, one year, five year, and ten year
capture zones are designated as critical aquifer recharge areas under the provisions of the Growth
Management Act (Chapter 36.70A RCW) and are established based on proximity to and travel time of
groundwater to the city's public water source wells. This GhapteF shall Ret apply te prejeGtS that have reGeived-a
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04. Code 2001 § 22- 1370.)
19.185.020 Classification of wellhead capture zones.-
........................... __
The Lakehaven utility district (LUD) has designated three four wellhead capture zones based on proximity to
and travel time of groundwater to the city's public water source wells.
(1) Six months capture zone represents the land area overlaying the six month time -of- travel zone of any public
water source well owned by LUD.
(4 2) Wellhead One year Ccapture Zzone 1- represents the land area overlaying the one -year time -of- travel
zone of any public water source well owned by LUD.- excluding the land area contained in the six month
capture zone.
40
it,
'381V4 9n!1!ppe 941 41!nn paleajl au!lose6 ;o uo!lnquls!p jo 96ejols a41( ;)
'abejols pue `6u!ssaooadai 'bu!u!;aj wnaloilad p!nb!l (a)
'suo!lels ja;suejl alsenn p!loS (p)
'sllUpUel alsenn P!IoS (o)
'M02i 88, L8 aa1de40 ui pau! ;9p se sou!led!d p!nb!l snopJezeH (q)
'O`dM ZLZ-8bZ jalde40 ui paugap se swelsAs lesods!p 96ennas fl!unwwoo al!s -u0 (e)
:ol pal!w!l 1ou aje 1nq `apnloui s9111n!loe pue sesn pue! 9s941 -0L VOE'6 L O�1M3 ul p9g!o9ds se ld9oxa 't -auozZ
ajnlde59 yea auo pue s4luow xis Pea4118 u! pal!q!4ojd aq lle4s seouelsgns snoualalap jaglo jo sleualew
snopieze4 ;o 6u!sods!p jo '6u!loAoaj '6u!onpoad `6u!sn `6u!leajl '6u!lpue4 `6uuols wa; 6u!llnsai saoinosai
jalennpunoi6 s,i p aql of pieze4 lueog!u6!s a asod 1e41 sa1l!n!l0e luawdolan9p (L)
................................................................................................................................ .......I.......................
��sauoiz ajn deo9 aea auo pue yluow xis aq}{aM ui sailinIJOR peligi4oJd OVO.98VU
('ZLEL-ZZ § 100Z aPoO 't,0 -91-1 L 'E § '89t7-t'0 'oN 'PJO'LO-SL-9 `((OL)`d '4x3)9 § `ti55-LO 'oN 'PLO)
•papuawe se (lenuew dW8) lenuew loiluoO uo!ln!lod
jalennwjolS f4uno0 6u!>l 941 pue `V44MSON aql of wnpuappy AeM lejapa3 941 `(WaMSO>i) lenuew u6!sa4
jaleM ooe}jnS Aluno0 bui>1 aql 4l!nn eouepj000e ui palonulsuoo pue pau6!sep aq lsnw A4!n!loe pasodoid a41 (t,)
lunoO u!N pue allleaS — 41leaH o!Ignd
pue `4lleaH ;o luawaJedad 91e1S `A601003101uaw7pedad 91e1S `Aou96y uo!1091ad leluawua!nu3 lejapa3 a41
;o suo!lepuawwooai pue sluawai!nbei uo!loaloid aoinos jalenn a4l 4l!nn Aldwoo lsnw AJ!n!1oe pasodad a41 (E)
•(l�Iy)Iy)1u9w1eaJl pue laluo0 `uo!luanajd ;o spoglaw algeuoseai pue `algel!ene
`unnouil Ije uo poseq aq llegs suo!lipuoo luaw oianaQ ,
seaje 96jegoaj ja ;!nbe leo!luo-a4l ;o uo!lepeJ69p luanajd of suo!l!puoo luawdolanap asodw! llegs Alp a4_L
-seeie 96jegoaj
ja;!nbe leoguo -e ui pall!wjad aq-tre Aew japn a a41 jalua of slueuiweluoo asneo lou Minn 1e41 sag!n!loy (1)
•sluawa.iinbai leaaua0 0£0'986'66
CUE 1-ZZ § 100Z aPoO '170-9 L-11 'E § `89b-t O 'oN 'PJO'LO-91-9 '((000 '4x3)9 § 'tgq-LO 'oN 'PLO)
Z jo� sauofZ ainlde5ope8q,,E) aea a
PUB 'JeGA auo 4luow xis a4l ul p9u!eluo0 ease puel aql bu!pnloxe `QOq Aq paunno Mann aoinos aalenn o!lgnd Aue
;o auoz l9neJl- ;o -9w!1 jean( -O L a4l 6u!feuano eaje puel a4l sluesaidej C auo2Z ajnlde59 je�ual-pea4ttaM (g)
-t sauozZ ajnldebO iea� auk
4luow XIS Peat I18 ui pou!eluo0 eaje puel a416u!pnlox9 QOi Aq paumo Ilann aoinos jalenn o!lgnd Aue ;o
auoz laneal- 10 -awil jean( -an!; 9ql 6uiAelJano eaje puel eql sluasajdaj Z auoZ2 ainideb0 aeaT ani� peegile ( -CZ)
(g) Hazardous waste treatment, storage, and disposal facilities (except those defined under permit by
rule for industrial wastewater treatment processes per WAC 173- 303- 802(5)(c));
(h) Chemical manufacturing, including but not limited to organic and inorganic chemicals, plastics and
resins, pharmaceuticals, cleaning compounds, paints and lacquers, and agricultural chemicals;
(i) Dry cleaning establishments using the solvent perchloroethylene;
(j) Primary and secondary metal industries that manufacture, produce, smelt, or refine ferrous and
nonferrous metals from molten materials;
(k) Wood treatment facilities, including wood preserving and wood products preserving;
(1) Mobile fleet fueling operations;
(m) Mining (metal, sand, and gravel); and
(n) Other land uses and activities that the city determines would pose a significant groundwater hazard
to the city's groundwater supply.
(2) The uses listed in subsection (1) of this section represent the state of present knowledge and most common
description of said uses. As other polluting uses are discovered, or other terms of description become
necessary, they will be added to the list of uses prohibited within this zone.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04. Code 2001 § 22- 1373.)
19.185.050 Regulation of farilities handling and StGFing hazardous materials activities in
critical aquifer recharge areas.
(1) Any develop— proposed development activity-
Management, Title 14, ERVirenmental PEAGY, and Title 15, SheFeWR8 located in critical aquifer recharge areas
(Wellhead Gaptu Fe Zones , 2 and 3) shall submit a hazardous materials inventory statement with a
d°��rtirdt- permit, land use, or business license application. Ongoing operation and maintenance activities of
public wells by public water providers are exempt from these requirements.
(2) The developmeRt FevieW GGMMitt city review the hazardous materials inventory statement along with
the ep rmit, land use, or business license application; to determine whether hazardous materials meeting the
will be used, stored, transported or disposed of in connection with the proposed
activity. The city make the following determination:
(a) No hazardous materials are involved.
(b) Hazardous materials are involved; however, existing laws or regulations adequately mitigate any
potential impact, and documentation is provided to demonstrate compliance.
(c) Hazardous materials are involved and the proposal has the potential to significantly impact critical
aquifer recharge areas and wellhead Gapt Fe zone-s; heweveF, SUffiGient iRfOrmation is not available to
evaluate the poteRtial impact Of GentamiRation. The city may require a hydrogeologic sr+t+cal area
42
£t
spiepuels buimollol ay} 411M Aldwoo lleys
seouelsgns snoualalap jaylo jo sleualew snopieze4 to bulsodslp jo 'buljohaj '6ulonpo.id
'6ulsn '6ulle9Jl '6ugpue4 '6uuols sanlonul 40lgM 't sauozZ 9jnlde69 jea auo pue syluow xls- peag"
ulgl!m '
lenoadde uolslnlpgns jo asn puel 'lluuad ulpllnq- juewde,8ABp a jol buiAldde asn 6ugslxa jo Mau Auy (�)
............ . _................................. ......._....................... .
•sainseew uoij5a;o� auoz aanj e5 090'98 VU
('17M-ZZ § WOZ WOO '10-96-1 l 'E §'89t,170 'ON 'PLO LO-96-9 '((Ol)`d '4x3)9 §1799-LO 'ON 'PLO)
ueld buuolluow jalempunoi6
a4l pue 'ueld asuodsai pue luawuleluoo lllds a41 'lfeda-rluewssesseeeteleerl0jg 016oloa6apAq DT o a
1e011u0 ay; to M91AOJ Aped -pjlyl jol asuadxa s jueolldde ay; le luellnsuoo eplslno ue Aoldwe Aew Alp ayl (9)
slassan punoibiepun
ul pajols aje sleualew snopieze4 ayl lou jo jaylagm pue '911s -uo sleualew snopiezey to Allluenb pue adAl ayl
'sllam buljolluow jo uollonpo.id of Al!I!oel a4l to Allwlxold ayl `ol pallwll aq lou lnq 'apnloui lleys buuolluow alis
jol peau ayl ouluualep of pasn eual10 -6uuolluow jalempunoa6 pailnbai a4l alepoww000e of sham buuolluow
jalempunoib ajow jo auo llelsul of f1!I!oel a to jaumo ayl ajlnbai Aew Alp a41 •sllos alls jo/pue 'Mount jalem
eoel,ns 'jalempunoj6 to A4!luenb pue fq!lenb jolluow of pannbai aq Aew ueld buuolluow Jalempuna6 y (1)
-suollelnbej olels algeolldde ayl Aq pajlnbai se uolloodsul col suolslnoid apnloul lleys pue 'llel
pinoo le4l sainlonuls jo/pue luawdlnbe f%j!luapl of pajlnbai aq Aew ueld asuodsai pue luawuleluoo lilds y (E)
alei objego9j /uolleJllyul a4l ul sa6uego to uollenlena 9ng0lpaJd (0)
pue `jalempuna6
of seseelai lelluelod uo poseq podsuejl lueulweluoo to uollenlena anl101PaJd (8)
'sainleal jalem ooelJns
pue sham Agjeau uo sloalla lemejpyl!m jalempunoib to uogenlena anl101PaJd (`d)
:6ulpnloul 'pasn aq
of posodold (Wdl) luaw96euew lsed p9leJ69lul pue (sdW8) saolloeid luawabeuew lsa8 (Al)
'91!s a41 to laal OOZ ulyl!m 'sialem ooepns 6ulpnloul 'seaje leoguo jaylo to uogeoo-j (nl)
•lualpei6 pue 'uolloajlp mog '4ldap jalempunoag (n)
'91!s ayl to
uolleiliqul to adAl ayl pue paleool s! 1! yoigm ul auoz ajnldeo peegl,e ayl to uolleool eoepns
a4l 6ulpnloul 'alls a41 to soilsualoejeyo o16oloa6ojpAq pue ol6olo96 6ulpiebei uollewiolul (!)
wnwlulw a le 'uollewjolul polelarlesodoid pue -alls 6uimollol
ayl apnloui lleys podaj ayl -jalmbe ayl uo uolleulweluoo to sloedwi lelluelod a4l oulwialap of Japio ul
1e0olsolol3 js,tueps jelempunejB Pa!l!lenb a Aq paiedaid aq of podaJ seaJe le0llu0 a 411M luawssasse
(a) Secondary containment.
(i) The owner or operator of any facility or activity shall provide secondary containment for
hazardous materials or other deleterious substances in quantities specified in the International
Fire Code.
(ii) Hazardous materials stored in tanks that are subject to regulation by the Washington State
Department of Ecology under Chapter 173 -360 WAC (Underground Storage Tank
Regulations) are exempt from the secondary containment requirements of this section;
provided, that documentation is provided to demonstrate compliance with those regulations.
(b) Design and construction of new stormwater infiltration systems must address site - specific risks of
releases posed by all hazardous materials on -site. These risks may be mitigated by physical design
means, or equivalent best management practices, in accordance with an approved hazardous
materials management plan. Design and construction of said stormwater infiltration systems shall also
be in accordance with the KCSWDM, as amended by the city of Federal Way, and shall be certified for
compliance with the requirements of this section by a professional engineer or engineering geologist
registered in the state of Washington.
(c) The following standards shall apply to construction activities occurring where construction vehicles
will be refueled on -site, and /or hazardous materials Fneeting the definition of RAIRG 19.05.080 will be
stored, dispensed, used, or handled on the construction site. As part of the city's project permitting
process, the city may require any or all of the following items:
(i) Detailed monitoring and construction standards;
(ii) Designation of a person on -site during operating hours who is responsible for supervising
the use, storage, and handling of hazardous materials, and who has appropriate knowledge
and training to take mitigating actions necessary in the event of a fire or spill;
(iii) Hazardous material storage, dispensing, refueling areas, and use and handling areas shall
be provided with secondary containment adequate to contain the maximum release from the
largest volume container of hazardous materials stored at the construction site;
(iv) Practices and procedures to ensure that hazardous materials left on -site when the site is
unsupervised are inaccessible to the public. Locked storage sheds, locked fencing, locked
fuel tanks on construction vehicles, or other techniques may be used to preclude access;
(v) Practices and procedures to ensure that construction vehicles and stationary equipment
that are found to be leaking fuel, hydraulic fluid, and /or other hazardous materials will be
removed immediately, or repaired on -site immediately. The vehicle or equipment may be
repaired in place, provided the leakage is completely contained;
44
Sb
sao!loeid Yong oloaj!p ay; Aq panadde se `A;! ;uenb pue A1!Ienb
Ialenn Jo; (sdwg) sao!;oeid ;uawa6euew lsag;uawaldw! Ilegs;uawdolanapaJ Jo;uawdolanap JIV (P)
I!os pagjnls!pun `an!leu s1 poliodwi aq o; ll!j;ou jo jaq;ayM (n!)
pue `uo!;eool aoinos ay; ;o sesn puel sno!naJd (n)
'II!1 papodw! ;o uo!;eool aoinos (!)
apnloui llegs ;uawa ;e ;s aoinos
II!j pa:podw! a41 •spiepuels dnuealo paeoxe lou op sleua;ew Il!j 1e4; aleilsuowep o; sllnsai jeo!lAleue
aa!nbaj Aew Alp a41 •a ;!s a o; pa:podwi aq ll!M IlU ;o spjeA o!gno pp � ue41 ajow ajegm sloafoid Ile
jol pai!nbai si luawalels aoinos II!; papodw! uy •(Voin) loy laluoo solxol lepoW ay; ul pa!;!oads se
I!os jo; spiepuels dnuealo paeoxe 1e41 slueu!we;uoo ;o uo!leilueouoo u!e;uoo;ou 11egs leua;ew p!d (o)
`seoue;sgns snoua;alap j914 ;o jo `sleua;ew snopieze4 ;o asods!p jo `aloAoaj 'aonpad `asn `leas;
'91pue4 ajols 1e4; seeie 6u!peolun pue bu!peol ;e pailnbai aq Ile4s `
je-jolow!p aq; Aq panoidde se ` sao !;oeid;uawa6euew;saq;ualen!nba jo luawu!e;uoo tiepuooes (q)
seoue;sgns
snou9lalop ja4 ;o jo sleua ;ew snopieze4 ;o lesods!p jo `6u!loAoaj `uo!;onpo.id `asn `;uawleail `6u!lpue4
'ja;suej; ay; 6uunp al!s -uo ldaN aq Ilegs ;uawd!nba asuodsai Aoua6jawa aleudoiddy •ja;empunoi6
jo `jalem 9oejjns 'I!os ay; olu! sp!nlj 9ngowolne jag ;o pue `slueougnl 'sl!o 'slan ; ;o asealai
6uguanajd pue seaje 4ons woj; gounj Ile 6uwleajl pue 6u!;oalloo jol wa1sAs ;uawu!e;uoo a ane4 lleys
seWe 6u!4seM 910114an pue 'aoueu9lu!ew ;uawdlnb9 'bu!19n; uo!1e1s ao!nias an!lowolne pue laald (e)
:spiepue ;s 6u!Mollo; ay; 14 ;!m Aldwoo llegs `seoue;sgns
snoua;alap j94lo jo 'sleua;ew snopiezeq jo 6ulsods!p io `6u!loAoaj `6u!onpoid `6ulsn `bul ;eajl '6u!Ipueq '6uuo ;s
anlonu! 4oigm '(g pyre 'Z ' L) sauoz am;deo Peegiia Ile u1g1!m `
sa!h ;!n! ;oe;uawdolanap Auy (Z)
•s;uawai!nbai a ;e ;s o; 6u!pj000e paj!nbai;! papodaj pue 'dn paueelo `pau!e;uoo
aq Alale!pawwi pegs sasealab •joloeiluoo dnuealo pa!;!lenb a qpm loeiluoogns a ai!nbai Aew
sll!ds aa6jel jo dnuealo seejegm ` sll!ds jallews jo; ao!}}ns Aew sleualew dnuealo al!s -uo •a ;!s
uo!;oni;suoo a41 le pajo ;s saouelsgns snopieze4 jo asealai Aue ;o dnuealo pue luawu!eluoo
a ;e!pawwi ag; ainsua o; alenbape sleua ;ew a ;!s -uo jo/pue `sainpaooid pue sao!;oeJd (!!n)
pue `apoo aJ!d leuo! ;euJa ;ul 9141
14 ;!m aouepj000e u! 9je al!s uoilonilsuoo a41 uo luawdinbe Aieuogels jo salo14an uol;onilsuoo
;o sj!onjasai p!nIj pue lan; a41 olui slowl duel pue `siau!eluoo `sluel woi; sp!nb!I alq!lsngwoo
pue algewweg ;o 6u!suads!p pue abejols ;e41 ainsua of sainpeowd pue sao!;oeJd (!n)
include biofiltration swales and use of oil -water separators, BMPs appropriate to the particular use
proposed, cluster development, and limited impervious surfaces.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04. Code 2001 § 22- 1375.)
19.185.070 Use of pesticides, herbicides, and fertilizers in critical aquifer recharge areas
and wellhead pFeteGt*on aFeas.
Proposed developments with maintained landscaped areas greater than 10,000 square feet in area which
, shall prepare
an operations and management manual using best management practices (BMPs) and integrated pest
management (IPM) for fertilizer and pesticide /herbicide applications. The BMPs shall include recommendations
on the quantity, timing, and type of fertilizers applied to lawns and gardens to protect groundwater quality.
(Ord. No. 07 -554, § 5(Exh. A(10)), 5- 15 -07; Ord. No. 04 -468, § 3, 11- 16 -04. Code 2001 § 22- 1375.1.)
46
Proposed Edits to Definitions
(These are new definitions or edits to existing definitions)
19.05.020 B definitions.
"Backfill" means material placed into an excavated area, pit, trench, or behind a constructed retaining wall or
foundation.
"Balloon" means an inflatable device, generally composed of a thin layer of latex or Mylar, into which a gas
(typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "inflatable
advertising device. ")
"Best available science" means current scientific information used in the process to designate, protect, or
restore critical areas that is derived from a valid scientific process as defined by WAC 365 - 195 -900 through
925.
"Best management practices (BMPs)° means those practices which provide the best available and reasonable
physical, structural, managerial, or behavioral activity to reduce or eliminate pollutant loads and /or
concentrations leaving a site.
"Buffer" means an area that is contiguous to and protects a critical area which is required for the continued
maintenance, functioning, and /or structural stability of a critical area.
"Building" means any structure having a roof supported by columns or walls and intended for the shelter,
housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
"Building segment" means that portion of a terraced building on a sloping site which has a separate roof line or
finished floor elevation with a grade change of at least four feet.
"Bulkhead" means a wall or embankment used for retaining earth.
"Business or vocational school" means a post- secondary institution that offers instruction in business principles
and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting,
purchasing, computer programming or usage, or training in fields such as health services, restaurant
management, real estate, beautician training, or professional training or continuing education in these or similar
fields.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code
2001 § 22 -1.2.)
19.05.060 F definitions.
"Fish and wildlife habitat conservation areas" means those areas necessary for maintaining species in suitable
habitats within their natural geographic distribution so that isolated subpopulations are created as designated
by WAC 365- 190 -130. These areas include:
(1) Areas where endangered threatened and sensitive species have primary association;
(2) Habitats and species of local importance, as determined locally.
(3) Commercial and recreational shellfish areas;
(4) Kelp and eelgrass beds herring smelt and other forage fish spawning areas
(5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or
wildlife habitat:
(6) Waters of the state:
(7) Lakes ponds streams and rivers planted with game fish by a governmental or tribal entity: and
(8) State natural area preserves natural resource conservation areas and state wildlife areas.
"Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for
decoration.
"Flag lot" or "panhandle lot" means a lot in the shape of a flag or pan that is connected to the road or street
right -of -way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road
or street right -of -way is the "flag pole" or "access panhandle" part of the lot.
"Floor" means the horizontal surface inside a structure designed and intended for human use and occupancy.
"Floor area" means the total area of a building floor plate in gross square feet.
"Frontage of a property" means the length of the property line along any public right -of -way on which it borders.
"Frontage of a building" means the length of an outside building wall on a public right -of -way.
19.05.070 G definitions.
"Geologically hazardous areas" means areas which because of their susceptibility to erosion, landsliding,
seismic or other geological events
are not suited to siting rornmeFGial, residential er industrial developm
GORsistent with publiG health or safety s require specific studies to determine appropriate buffers or
property use. Geologically hazardous areas include the following areas:
(1) "Erosion hazard areas" are those areas identified by the U.S. Department of Agriculture's Natural Resource
Conservation Service as having a moderate to severe, severe, tG-Or very severe rill and inter -rill erosion hazard
due to natural agents as w+o . This includes but is not limited to,
the following group of soils when they occur on slopes of 15 percent or greater Alderwood - Kitsap (AkF)
Alderwood gravelly sandy loam (AgD) Kitsap silt loam (KpD) Everett (EvD) and Indianola (InD). Erosion
hazards are also those areas impacted by shore land and/or stream bank erosion.
(2) "Landslide hazard areas" are those areas potentially subject to episodic downslope movement of a mass of
soil or rock including, but not limited to, the following areas:
(a) Any area with a combination of:
(i) Slopes greater than 15 percent;
(ii) Permeable sediment, predominately sand and gravel, overlying relatively impermeable
sediment or bedrock, typically silt and clay; and
(iii) Springs or groundwater seepage.
(b) Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or
which is underlain by mass wastage debris of that epoch.
(c) Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by
wave action.
(d) Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by
debris flows or flooding.
(e) ThGse areas identified by the United States Department of AgFiGUltUFe SOOI GGRservatiGR SeFViGe as h i
(f) (e)Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides)
by the Department of Ecology's Coastal Zone Atlas.
(f) Areas designated as quaternary slumps earthflows mudflows lahars or landslides on maps published by
the U.S. Geological Survey or Washington State Department of Natural Resources.
(g) Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(h) Any area with slope of forty percent or steeper and with a vertical relief of ten or more feet except areas
composed of consolidated rock A slope is delineated by establishing its toe and top and is measured by
averaging the inclination over at least ten feet of vertical relief.
(3) "Seismic hazard areas" are those areas subject to severe risk of earthquake damage as a result of
seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These
sond+tions Liquefaction occurs in areas underlain by cohesionless soils of low density usually in association
with a shallow groundwater table.
- -- - -
" Geotechnical engineer" means a practicing geotechnical /civil engineer licensed as a professional civil engineer
in the state of Washington who has at least four years of professional employment as a geotechnical engineer
in responsible charge, including experience with landslide evaluation.
19.05.170 Q definitions.
"Qualified professional" means a person with experience and training in the pertinent scientific discipline and
who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance
with WAC 365- 195 - 905(4) A qualified professional must have obtained a B S or B.A. or equivalent degree in
biology, engineering environmental studies fisheries geomorphology, or related field and two years of related
work experience.
(1) A qualified professional for habitats or wetlands must have a degree in biology and professional
experience related to the subject species.
(2) A qualified professional for a geological hazard must be a professional engineer or geologist
licensed in the state of Washi
(3) A qualified professional for critical aquifer recharge areas means a hydrogeologist geologist
engineer, or other scientist with experience in hydrogeologic assessments.
"Quasi- public use" means a use owned or operated by a private nonprofit or philanthropic institution that
provides cultural, recreational, or similar types of programs and services.
(Ord. No. 09 -610, § 3(Exh. A), 4 -7 -09; Ord. No. 09 -593, § 24, 1 -6 -09; Ord. No. 08 -585, § 3(Exh. A), 11 -4 -08. Code
2001 § 22- 1.17.)
19.05.180 R definitions.
_ .....
"Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily
designed and used as temporary living quarters, is either self - propelled or mounted on or drawn by another
vehicle, is transient, is not occupied as a primary residence, and is not immobilized or permanently affixed to a
mobile home lot.
"Registration sticker" for the purpose of sign regulations means the sticker that is assigned to a sign that has
been inventoried and has been determined to comply with this title and other sections of this Code.
"Regulated lakes° means lakes that are less than twenty acres in size which are not regulated as shorelines of
the state. Wetlands Nes. R 71 A 76 7 71 4 79 11 71 4 9 14 71 Z 7 14 71 Q F 13 71 Q 17 9-21 A QR 17 71
FePOFt, eXGe vVegetated areas which are located in and around the margins of regulated lakes aad fall Under
shall comply with wetland regulations. .
"Relative" means persons connected through blood, marriage or other legal relationships by not more than four
degrees or affinity or consanguinity and including persons under legal guardianship.
"Required yard" means the area adjacent to and interior from a property line or the ordinary high water mark
(OHWM) of a lot, as prescribed by regulations, and is the minimum required distance between a structure and
a specific line, such as a property line, edge of private tract, or vehicular access easement that is required to
remain free of structures. If two or more required yards are coincidental, the area will be considered the
required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required
setbacks are categorized as follows:
(1) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom
equal to the required front yard depth.
(2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom
equal to the required rear yard depth.
(3) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom
equal to the required side yard depth. All required yards not otherwise categorized shall be designated side
yards.
19.05.190 S definitions.
"Stream" means a course or route, formed by nature, including those which have been modified by humans,
and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along
which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not
contain water year- round. In a development, streams may run in culverts or may be channeled in a concrete,
rock or other artificial conveyance system.
faGoiitqes or etheF artificial wateFGGuFses unless they are used by Fesident or anadFomous salmonid fish, or the
Those topographic features that resemble streams but have no defined channels shall be considered streams
when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a
defined channel after development. For the purpose of defining the following categories of streams normal
rainfall is rainfall that is at or near the mean of the accumulated annual rainfall record, based upon the water
year for King County as recorded at the Seattle- Tacoma International Airport.
(1) Streams shall be classified according to the following criteria:
(a) Type F streams are those streams that are used by fish or have the potential to support fish.
(b) Type NP streams which are perennial during a year of normal rainfall and do not have the potential
to be used by fish Type No streams include the intermittent dry portions of the perennial channel
below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be
identified with simple nontechnical observations then the point of perennial flow should be determined
using the best professional judgment of a qualified professional.
(c) Type Ns streams which are seasonal or ephemeral during a year of normal rainfall and do not have
the potential to be used by fish.
(2) For the purposes of this definition "used by fish" and "potential to support fish" is presumed for:
(a) Streams where naturally reoccurring use by fish has been documented by a government agency or
(b) Streams that are fish passable as determined by a qualified professional based on review of
stream flow, gradient and barriers and criteria for fish passability established by the Washington
Department of Fish and Wildlife;
(3) Ditches Ditches are artificial drainage features created in uplands through purposeful human action such
as irrigation and drainage ditches grass -lined swales and canals Purposeful creation must be demonstrated
through documentation photographs statements and /or other evidence. Ditches are excluded from regulation
as streams, unless they are used by fish.
"Streambank stabilization" means treatments used to stabilize and protect banks of streams from erosion.
"Street" means both a public right -of -way and a vehicular access easement or tract.
"Street providing direct vehicle access" means the street from which a vehicle can enter the subject property
without traversing another street or piece of property. In the case of a multi -use complex, the street providing
direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by
the complex.
"Streetscape" means the visual character and quality of a street as determined by various elements located
between the street and building facades, such as trees and other landscaping, street furniture, artwork, transit
stops, and the architectural quality of street - facing building facades.
"Streetscape amenities" means pedestrian- oriented features and furnishings within the streetscape, such as
bench seats or sitting walls, weather protection, water features, art, transit stops with seating, architectural
facade treatments, garden space associated with residences, pedestrian -scale lighting, landscaping that does
not block views from the street or adjacent buildings, special paving, kiosks, trellises, trash receptacles, and
bike racks.
"Structural alteration" means any change in the supporting member of a building or structure.
"Structure" means a combination or arrangement of material for use, occupancy, or ornamentation, whether
installed on, above, or below the surface of land or water.