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05-1060370 `CITY OF Federal Way January 18, 2006 Larry Burback 510 293rd Street Federal Way, WA 98023 RE: File No. 05- 106037- 00 -AD; SHORELINE STAIRCASE INQUIRY Burback, 510 SW 293rd Street, Federal Way Dear Mr. Burback: q FILE CITY HALL 33325 8th Avenue South • PO Box 9718 Federal Way, WA 98063 -9718 (253) 835 -7000 www. cityoffederalway. com This letter responds to your November 23, 2005, inquiry regarding permit requirements for construction of an approximately 40- foot -tall spiral staircase structure at 510 SW 293rd Street. For the purposes of this letter, I will assume that the proposed structure is approximately 40 feet in height, located on the beach, and connected to the top of the bank. Given the preliminary and generalized nature of the proposal at this time, some of the City's comments regarding the proposal are generalized in nature. If you would like to further discuss the proposal and/or the permit requirements, contact me at the phone number below and we can arrange a meeting. PERMIT REQUIREMENTS FOR THE STAIRCASE The following section identifies City permit requirements known to apply to the proposal. Due to the conceptual nature of the project proposal and description, the City's response provides a preliminary and generalized response to the inquiry. As discussed below, as additional information and definition of the project is submitted to the City, we will provide additional information and assistance regarding applicable permit requirements. 1) Shoreline Management Act — The proposal is subject to the Washington State Shoreline Management Act, Federal Way Shoreline Master Program (SMP), and applicable Federal Way shoreline regulations as adopted, as the improvements are within 200 feet of the Ordinary High Water (OHW) mark of Puget Sound. The shoreline of the subject site is designated as Urban in the Federal Way Shoreline Master Program. In summary, the proposed staircase requires a shoreline substantial development permit (SDP) and a shoreline variance as discussed below. The proposed staircase requires a shoreline substantial development permit from the City of Federal Way, as the proposal is a non - exempt appurtenance to a residential use per Washington Administrative Code (WAC) 173- 27- 040(g). The City will review the proposed staircase as it relates to local physical conditions and the shoreline master program, and must find that the criteria of FWCC Sections 18- 165(c) and FWCC Section 18- 165(d)(4) are met for the substantial development permit. In addition, the criteria of WAC 173 -27 -150 must be met. The staircase as proposed does not meet the development standards for an accessory structure as defined in FWCC Section 18- 165(d)(4). Therefore, the proposal also requires a shoreline variance. Specifically, the staircase is proposed within the shoreline setback and must therefore meet the development standards of FWCC Section 18- 165(d)(4) for accessory structures as follows: c _., AWQ tbi-k January 18, 2006 Page 2 4. Residential accessory structures may be placed within the required shoreline setback, provided: i. No accessory structure, except swimming pools, shall cover more than 150 square feet. ii. No accessory structure shall obstruct the view of the neighboring properties. iii. No accessory structure shall exceed eight feet in height. The shoreline variance must also meet the decisional criteria contained in FWCC Section 18- 171(c)(1 -7) (enclosed) and WAC 173 -27 -170. In order to exceed any of the shoreline development standards, a Shoreline Variance is required. Following application for the shoreline substantial development permit and shoreline variance, the City Planning Division staff will make a written report and recommendation to the Hearing Examiner on the Shoreline Variance and substantial development permit. Following receipt of the staff recommendation, the Hearing Examiner will conduct a public hearing on the application and issue a written decision on the application. Following the Hearing Examiner decision, the Washington State Department of Ecology reviews the record and application and makes the final decision on the shoreline variance. Pursuant to FWCC Section 18- 171(b), the City's review process for the shoreline variance and substantial development permit is Process IV Hearing Examiner Review. A Process IV handout is enclosed for your review. The applicant carries the burden of proving that the substantial development permit and shoreline variance criteria are met. The applicant will be required to provide detailed plans and environmental information for the City to review the applications. The project plans must accurately depict the OHW as described in the Revised Code of Washington (RCW) 90.58.030(2)(b). The City has not conducted a complete review of the project for compliance with the shoreline development regulations, master program policies, and applicable state laws. A comprehensive review of project compliance with applicable regulations will occur following submittal of a formal application. A shoreline permit application form, accompanying plans, and applicable application fees must be submitted to the City. Given the preliminary nature of the plans and proposal, at this time City staff is unable to determine if the proposal meets the decisional criteria of the applicable regulations proposal. Therefore, we are unable to determine if we would make a favorable recommendation to the Hearing Examiner on the proposed shoreline substantial development permit and variance. 2) Geologically Hazardous Areas Development — Pursuant to the FWCC, development activities and land surface modifications on or within 25 feet of a geologically hazardous area are regulated by FWCC Division 4, Geologically Hazardous Areas Development (enclosed). The FWCC defines a Geologically Hazardous Areas to include the following: 1) Erosion Hazard Area; 2) Landslide Hazard Area; 3) Seismic Hazard Area; and 4) Steep Slope Hazard Area. Portions of your project site appear to meet the definition of Erosion and Landslide Hazard Areas (based on the City's Sensitive Area Map) and Steep Slope Hazard Areas. 05- 106037 Doc. I.D. 34718 0 Mr. Burback January 18, 2006 Page 3 0 FWCC Section 22 -1286 requires that a soils report be submitted for review when development is proposed within a GHA. The soils report must describe how the proposed development will impact the subject property and nearby properties with respect to slope stability; landslide hazard and sloughing; seismic hazards; groundwater, seeps, springs, and other surface water; and existing vegetation. Specific recommendations must be provided to address the impacts created by the project. The soils report must be prepared in accordance with FWCC Section 22 -1286. 3) SERA — The proposed action is subject to environmental review under the State Environmental Policy Act (SEPA). A completed SEPA checklist, application fees, public notification, and threshold determination are required. Eight copies of a completed SEPA checklist must be submitted with a filing fee of $843.50. Following review of the environmental checklist and project plans, the City will issue an environmental determination on the proposal. The environmental determination will be mailed to all owners of property located within 300 feet of the subject site and mailed to all interested parties and agencies. A 14 -day comment period followed by a 14 -day appeal period will commence at the time of environmental determination. 4) Public Notice Requirements — SEPA review requires public notice of the environmental decision and Process IV requires public notice of the land use application and notice of the public hearing. With the application, three sets of mailing envelopes must be provided. The three sets of envelopes must be stamped, legal -sized mailing envelopes addressed to each owner of property located within 300 feet of the subject site. All envelopes must include the City of Federal Way return address. An assessor's map identifying the 300 -foot mailing radius must be submitted, along with a corresponding list of all property owners and addresses /parcels. Refer to the enclosed mailing label handout for mailing envelope procedures. For a shoreline substantial development permit, large public notice boards are required. Following submittal of the application, the City will determine the appropriate number of large notice boards and prepare the notice boards. The applicant will be responsible for posting the large notice boards and providing the fee of $40.00 per notice board. 5) Application Fees — The SEPA review fee is $843.50. The shoreline substantial development and variance application base fee is $3,827.00, plus the following additional application fees based on the project value: Over $15,000 project value adds an additional application fee of $611.00 Over $50,000 project value adds an additional application fee of $1,832.00 Over $100,000 project value adds an additional application fee of $3,358.50 A project cost estimate will need to be provided with the application for determination of required shoreline permit application fees. Outside review of geotechnical engineering reports may be required at the City's discretion. Please be advised that the City does not have a geotechnical engineer on staff and contracts with an outside consultant for this review. Pursuant to FWCC Section 22 -1243, the applicant will be required to reimburse the City for any geotechnical project review based on a predetermined scope of work and cost estimate. 05- 105037 Dc. I.U. 34718 Mr. Burback January 18, 2006 Page 4 6) Land Use Application Submittal Requirements — Refer to the enclosed Development Requirements Checklist for detailed requirements for the design plans and submittal requirements. The design plans must depict all proposed improvements. 7) Preapplication Meeting — Any proposal that requires SEPA review and Process IV review triggers a preapplication meeting with the City's Development Review Committee (DRC) pursuant to FWCC Section 22 -1651. However, in this case where the shoreline permit requirements have been detailed in writing, City staff would support an exemption from the preapplication meeting as allowed by FWCC Section 22 -1653, upon written request from the applicant. 8) Other Known Permits — A building permit is required for the structure, and may be issued following completion of the SEPA review and shoreline permit review and decision. Plans for the building permit application shall be stamped by a licensed engineer. Prior to submittal of a shoreline substantial development permit application, I encourage you to discuss your proposal with staff from the City's Building Division. Contact Scott Sproul, Assistant Building Official, at 253- 835 -2633 regarding building permit requirements. The proposal will likely require a permit from the Washington State Department of Wildlife. Contact the Department regarding their permit requirements. Please note the Washington State Department of Archeology and Historic Preservation and the Native American Tribes have been actively reviewing shoreline projects in Federal Way regarding potential archeological sites. We encourage you to contact the Department early in the design stage to discuss their potential interest and requirements for the proposal. SUMMARY In order to proceed with the staircase proposal, submit the master land use application, SEPA application, shoreline substantial development permit and shoreline variance application, site plan, preliminary design plans, response to applicable decision criteria, and soils report as discussed above. I hope this information is helpful in preparing your application materials. Call me at 253- 835 -2641 or email at jim.harris _,cityoffederalway.com if you have any additional questions. Sincerely, Ji anis enior Planner enc: Development Requirements Checklist FWCC Section 18 -165 WAC 173 -27 FWCC Article XIV — Critical Areas FWCC Article XX — Preapplication Conference Master Land Use Application Mailing Notice Handout SEPA Checklist Process 1V Handout 05- 106037 - Doc. I.D. 34718 RECEIVED NOV 2 3 2005 CITY OF FEDERAL WAY BUILDING DEPT. Greg Fewins Dept. Director of Community Dev. Services 6W - /0&O37- 60 November 23, 2005 Greg, I'm writing to you in regards to a conversation I had with Andy Bergsagel about constructing steps to the beach at my single residence home at 510 SW 293`d St. in Federal Way. State code WAC 173- 27- 040(2)(G) indicates appurtenance to a single family residence, therefore exempt from Shoreline Substantial Development Permit (SSDP). The high bank (40 feet) is vertical making it a geologically hazardous area (FWCC22- 1286). The stairs would have a single pole set into the ground with a spiral staircase to the beach. Neither the pole nor the stairs would be within 10 feet of the high tide mark. Please let me know if this is permitable. As I would like to pursue this as soon as possible. A model of the stairs is attached. Thank you, Larry Burback 510 SW 293`d St. Federal Way, WA. 98023 253- 946 -9210 0 RECEIVED NOV 2 3 X005 albums 001.jpg (1704x2272x24b jpeg) CITY, OF FF n P PAI ��WAY