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Chapter 18
ENVIRONMENTAL PROTECTIONArticles:
I. In General
II. Environmental Policy
III. Shoreline Management
Article I.
IN GENERALSections:
18-1 – 18-25 Reserved.
18-1 – 18-25 Reserved.
Article II.
ENVIRONMENTAL POLICYSections:
Division 1. Generally
18-26 Purpose and authority.
18-27 Adoption by reference.
18-28 Additional definitions.
18-29 Forms – Adoption by reference.
18-30 – 18-45 Reserved.
Division 2. Administration
18-46 Designation of responsible official.
18-47 Lead agency determination and responsibilities.
18-48 Fees.
18-49 Public notice.
18-50 Notice – Statute of limitations.
18-51 Administrative appeals.
18-52 – 18-70 Reserved.
Division 3. Categorical Exemptions and
Threshold Determinations18-71 Adoption of regulations.
18-72 Categorical exemptions – Rules.
18-73 Categorical exemptions – Flexible thresholds.
18-74 Planned actions – Definition and criteria.
18-75 Ordinances or resolutions designating planned actions – Procedures for adoption.
18-76 Planned actions – Project review.
18-77 Categorical exemptions – Determination.
18-78 Threshold determination – Early review at conceptual level.
18-79 Threshold determination – Environmental checklist.
18-80 Threshold determination of nonsignificance.
18-81 Threshold determination – Mitigated determination of nonsignificance.
18-82 Optional DNS process.
18-83 City center planned action.
18-84 – 18-95 Reserved.
Division 4. Environmental Impact Statement
18-96 Rules.
18-97 Preparation.
18-98 Other considerations.
18-99 Commenting.
18-100 – 18-115 Reserved.
Division 5. Environmental Policy Statement
18-116 Definitions – Adoption by reference.
18-117 Use of existing environmental documents.
18-118 Compliance with State Environmental Policy Act – Adoption by reference.
18-119 State Environmental Policy Act decisions – Adoption by reference.
18-120 State Environmental Policy Act decisions – Forwarding recommendations.
18-121 State Environmental Policy Act decisions – Substantive authority.
18-122 State Environmental Policy Act policies.
18-123 – 18-140 Reserved.
Division 6. Critical Areas
18-141 Designation of areas.
18-142 Critical areas maps and inventories.
18-143 Exemptions.
18-144 Treatment of proposals.
18-145 – 18-160 Reserved.
Division 1. Generally
18-26 Purpose and authority.
The city adopts this policy under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the State Environmental Policy Act rules, Chapter 197-11 WAC. (Ord. No. 90-40, § 1(20.10), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-27 Adoption by reference.
The city adopts by reference, as now existing or amended, the basic requirements of the Washington Administrative Code applying to the State Environmental Policy Act process as follows:
(1) 197-11-040, Definitions.
(2) 197-11-050, Lead agency.
(3) 197-11-055, Timing of the State Environmental Policy Act process.
(4) 197-11-060, Content of environmental review.
(5) 197-11-070, Limitations on action during State Environmental Policy Act process.
(6) 197-11-080, Incomplete or unavailable information.
(7) 197-11-090, Supporting documents.
(8) 197-11-100, Information required of applicants.
(9) 197-11-158, GMA project review – Reliance on existing plans, laws, and regulations.
(10) 197-11-164, Planned actions – Definition and criteria.
(11) 197-11-168, Ordinances or resolutions designating planned actions – Procedures for adoption.
(12) 197-11-172, Planned actions – Project review.
(13) 197-11-210, SEPA/GMA integration.
(14) 197-11-220, SEPA/GMA definitions.
(15) 197-11-228, Overall SEPA/GMA integration procedures.
(16) 197-11-230, Timing of an integrated GMA/SEPA process.
(17) 197-11-232, SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping.
(18) 197-11-235, Documents.
(19) 197-11-238, Monitoring. (Ord. No. 90-40, § 1(20.20), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-28 Additional definitions.
In addition to those definitions contained within WAC 197-11-700 through 197-11-799 as now existing or amended, when used in this article the following terms shall have these meanings, unless the content indicates otherwise:
Critical aquifer recharge area shall mean areas in which water reaches the zone of saturation by surface infiltration. These areas are hydrogeologically susceptible to contamination and contamination loading potential including but not limited to such areas as sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water.
Department shall mean any division, subdivision or organizational unit of the city established by ordinance, rule or order.
Early notice shall mean the city’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal.
Fish and wildlife habitat conservation area shall mean the management of land for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. Habitat conservation areas include but are not limited to such areas as:
(1) Areas with which endangered, threatened, and sensitive species have a primary association;
(2) Habitats and species of local importance;
(3) Commercial and recreational shellfish areas;
(4) Kelp and eelgrass beds; herring and smelt 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 and streams planted with game fish by a governmental or tribal entity;
(8) State natural area preserves and natural resource conservation areas; or
(9) Streams.
Frequently flooded area shall mean lands in the floodplain subject to a one percent or greater chance of flooding in any given year including but not limited to such areas as streams, lakes, coastal areas and wetlands.
Geologically hazardous areas shall mean areas that, because of their susceptibility to erosion, landsliding, seismic or other geological events, are not suited to siting commercial, residential or industrial development consistent with public health or safety concerns. Geologically hazardous areas include the following areas:
(1) Erosion hazard areas are those areas having severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow.
(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:
1. Slopes greater than 15 percent;
2. Permeable sediment (predominately sand and gravel) overlying relatively impermeable sediment or bedrock (typically silt and clay); and
3. 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. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development.
f. Those areas mapped as Class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology.
g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking.
(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 conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table.
(4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by established its toe and top and measured by averaging the inclination over at least 10 feet of vertical relief.
Regulated lakes shall mean Wetlands Nos. 8-21-4-26, 7-21-4-71, 11-21-3-9, 14-21-3-2, 14-21-3-5, 13-21-3-12, 9-21-4-38, 17-21-4-55, 20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, city of Federal Way final wetland inventory report, except vegetated areas meeting the definition of “regulated wetland” located around the margins of regulated lakes shall be considered regulated wetlands.
State Environmental Policy Act rules shall mean Chapter 197-11 WAC adopted by the Department of Ecology.
Stream shall mean courses or routes, formed by nature, including those modified by man, and generally consisting of a channel with a bed, banks or sides throughout substantially all their 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 developing setting, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey natural streams which existed prior to construction of the watercourse.
Wellhead capture zone shall mean an area in which groundwater is calculated to travel to a pumping well. Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation.
Wellhead protection area (WHPA) shall mean the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water well(s) as designated under the Federal Clean Water Act.
Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology publication No. 96-94) as set forth in WAC 173-22-080, as it exists as of November 1, 1999, or as subsequently amended, will be used for identification and delineation of wetlands within the city.
Although a site-specific wetland may not meet the criteria described above, it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria.
Regulated wetlands means:
(1) Those wetlands, as described below, which fall into one or more of the following categories:
a. Category I wetlands meet one of the following criteria:
1. Contain the presence of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or
2. Contain the presence of plant associations of infrequent occurrence, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forested wetlands, groundwater exchange areas, significant habitat or unique educational sites; or
3. Have three or more wetland classes, one of which is open water.
b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the characteristics of Category I wetlands, and meet one of the following criteria:
1. Are contiguous with water bodies or tributaries to water bodies which under normal circumstances contain or support a fish population, including streams where flow is intermittent; or
2. Are greater than one acre in size in its entirety; or
3. Are less than or equal to one acre in size in its entirety and have two or more wetland classes, with neither class dominated by non-native invasive species.
c. Category III wetlands are greater than 2,500 square feet in area and do not exhibit those characteristics of Category I or II wetlands.
(2) See definition of “regulated lakes.”
Working day shall mean a day upon which the city is open for business. Other references to days refer to calendar days. (Ord. No. 90-40, § 1(20.30), 2-27-90; Ord. No. 91-105, § 5(20.30), 8-20-91; Ord. No. 04-468, § 3, 11-16-04)
18-29 Forms – Adoption by reference.
The city adopts the following forms and sections of Chapter 197-11 WAC by reference, as now existing or amended:
(1) 197-11-960, Environmental checklist.
(2) 197-11-965, Adoption notice.
(3) 197-11-970, Determination of nonsignificance (DNS).
(4) 197-11-980, Determination of significance and scoping (DS).
(5) 197-11-985, Notice of assumption of lead agency status.
(6) 197-11-990, Notice of action. (Ord. No. 90-40, § 1(20.300), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-30 – 18-45 Reserved.
Division 2. Administration
18-46 Designation of responsible official.
(a) For those proposals for which the city is a lead agency, the responsible official shall be the director of the department of community development. The responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement, and perform any other functions assigned to the lead agency or responsible official by the State Environmental Policy Act rules.
(b) The responsible official shall be responsible for the city’s compliance with Chapter 197-11 WAC whenever the city is a consulted agency, and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (Ord. No. 90-40, § 1(20.40.10, 20.40.20), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-47 Lead agency determination and responsibilities.
(a) The responsible official, upon receiving an application for a nonexempt action or initiation by a city department of a nonexempt action, shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the responsible official is aware that another department or agency is in the process of determining the lead agency.
(b) When the city is not the lead agency for a proposal, all departments of the city shall use and consider as appropriate either the determination of nonsignificance or the final environmental impact statement of the lead agency in making decisions on the proposal. No city department shall prepare or require preparation of a determination of nonsignificance or environmental impact statement in addition to that prepared by the lead agency unless the responsible official determines a supplemental environmental review is necessary under WAC 197-11-600.
(c) If the city, or any of its departments, receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination or the city must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the city shall be initiated by the responsible official.
(d) The responsible official is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11-944.
(e) The responsible official shall require sufficient information from the applicant to identify other agencies with jurisdiction.
(f) Within 90 days of issuing a letter of completeness for the application and environmental checklist, the responsible official shall make a threshold determination or notify the applicant that a determination of significance is likely and indicate the areas of likely impact. The applicant may request an additional 30 days for the issuance of the threshold determination by the responsible official, or for the responsible official to evaluate mitigation measures proposed by the applicant. The responsible official shall grant such extension, if requested. A final determination shall be made within 90 days from the receipt of the applicant’s response for additional information, unless the applicant requests an additional 30 days as provided in this section.
(g) A “completed application” and environmental checklist is defined to be:
(1) Answers to all checklist items;
(2) All expanded environmental studies determined by the city to be required, whether provided by the city, another agency with jurisdiction and/or expertise, or by the applicant at the request of the city;
(3) Text description and documents for nonproject action;
(4) Master land use application;
(5) Self-addressed, stamped envelopes required pursuant to FWCC;
(6) All required filing fees.
(h) Within 28 days of receipt of an application and an environmental checklist, the responsible official shall either:
(1) Respond to the applicant in writing with a letter of completeness or incompleteness; or
(2) Request in writing any additional information reasonably related to the responsible official’s determination whether or not the proposal is likely to have significant adverse environmental impacts.
(i) In the event applicant submits less than the complete information requested by the responsible official pursuant to subsection (h)(1) or (h)(2) of this section, the application shall not be considered complete. (Ord. No. 90-40, § 1(20.50.10 – 20.50.50), 2-27-90; Ord. No. 93-192, § 1, 11-9-93; Ord. No. 04-468, § 3, 11-16-04)
18-48 Fees.
(a) The city shall establish fees for its activities in accordance with the provisions of this chapter:
(1) Threshold determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of fees.
(2) Environmental impact statement.
a. When the city is the lead agency for a proposal requiring an environmental impact statement and the responsible official determines that the environmental impact statement shall be prepared by employees of the city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred, including overhead, by the city in preparing the environmental impact statement. The responsible official shall advise the applicant of the projected costs for the environmental impact statement prior to actual preparation.
b. The responsible official may determine that the city will contract directly with a consultant for preparation of an environmental impact statement, or a portion of the environmental impact statement, for activities initiated by some persons or an entity other than the city and may bill such costs incurred including overhead directly to the applicant. Such consultants shall be selected by the city.
c. The applicant shall pay the projected amount to the city prior to commencing work. The city will refund the excess, if any, at the completion of the environmental impact statement. If the city’s costs exceed the projected costs, the applicant shall immediately pay the excess, and the city is not obligated to proceed until the monies have been received. If a proposal is modified so that an environmental impact statement is no longer required, the responsible official shall refund any fees collected under subsection (a)(1) or (a)(2) of this section which remain after incurred costs, including overhead, are paid.
(3) Appeals. All appeals shall be accompanied by a nonrefundable appeal fee.
(b) The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this article relating to the applicant’s proposal. The city may charge any person for copies of any document prepared under this chapter, and for mailing the document in a manner provided by state law. (Ord. No. 90-40, § 1 (20.290.10 – 20.290.30), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-49 Public notice.
(a) The city shall give public notice for project-related actions as follows:
(1) Notices will be posted on each of the official public notification boards of the city and public libraries, published in a newspaper of general circulation in the city, posted prominently on the site and mailed to all owners of real property as shown in the records of the county assessor located within 300 feet of the site and any interested party or agency who has filed its name directly with the responsible official or as part of a public hearing or scoping process for the following situations:
a. When the responsible official issues a determination of nonsignificance, optional determination of nonsignificance, or mitigated determination of nonsignificance;
b. When an appeal had been filed related to a threshold determination as provided in this article;
c. A draft environmental impact statement is available for public review and comment.
(2) In addition to the requirements of subsection (a)(1) of this section, notices will be mailed to all owners of real property as shown in the records of the county assessor within 600 feet of a proposed project-related action for the following situations:
a. When the city commences scoping;
b. Whenever the city holds a public hearing as required by WAC 197-11-535.
(b) Notice of public hearing shall be issued no later than 14 days before a public hearing.
(c) Notice of a threshold determination or environmental impact statement hearing on nonproject proposals shall be published in a newspaper of general circulation in the city, mailed to interested parties or agencies who have registered with the city, and posted in the City Hall and library.
(d) The responsible official shall maintain a public list of all State Environmental Policy Act actions known as the “City of Federal Way State Environmental Policy Act Register.” The register shall be available for public inspection during normal working hours. The register will be revised as needed and the responsible official will mail copies to any person who has made a request and paid in advance a fee based on the cost of reproducing and mailing. The requirements of this subsection are not mandated by state regulations but will be provided by the city as voluntary extra notice. Failure to provide this notice shall not affect the validity of any action or proceeding related to the State Environmental Policy Act.
(e) The responsible official shall maintain a public list of the names of parties or agencies who have indicated interest in receiving public notices related to any State Environmental Policy Act procedures.
(f) The city may require an applicant to compensate the city for costs of compliance with the public notice requirements for the applicant’s proposal or to provide addressed lists and addressed, stamped envelopes, unless that requirement is waived by the responsible official. (Ord. No. 90-40, § 1(20.180.10 – 20.180.60), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-50 Notice – Statute of limitations.
The city, applicant or proponent may publish a notice of action as provided by RCW 43.21C.080 for any final action taken under the provisions of this article. The form of the notice shall be substantially in the form provided in WAC 197-11-990. (Ord. No. 90-40, § 1(20.250), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-51 Administrative appeals.
(a) Any interested party may appeal to the hearing examiner a threshold determination, or the adequacy of a final environmental impact statement and conditioning or denial of an action. The appeal shall be conducted under the provisions of process IV, FWCC 22-431 et seq.; provided, that the notice distribution requirements of FWCC 22-436(b)(2) shall be replaced with the notice distribution requirements of FWCC 18-49(a) – (f).
(b) Appeal procedures shall be conducted under the provisions of WAC 197-11-680(3). Appeals are subject to the restrictions in RCW 36.70B.050 and 36.70B.060 that local governments provide no more than one open record hearing and one closed record appeal for permit decisions.
(c) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion of the giving of required notices, whichever is longer. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error.
(d) All relevant evidence shall be received during the appeal and the decision shall be made de novo. The determination by the city’s responsible official shall carry substantial weight in any appeal proceeding.
(e) The decision of the hearing examiner on an appeal filed under this section shall be final.
(f) Appeals of the hearing examiner’s final decision shall first be to the city council as provided in process IV, FWCC 22-431 et seq.
(g) For any appeal under this section, the city shall provide for a record that shall consist of the following:
(1) Findings and conclusions;
(2) Testimony under oath; and
(3) A taped or written transcript.
(h) Upon filing an appeal to the city council or a judicial appeal, any certified copies or written transcripts required for such shall be prepared by the city at the expense of the appellant, subject to possible reimbursement of transcript preparation costs as provided in FWCC 22-446. (Ord. No. 90-40, § 1(20.240.10 – 20.240.70), 2-27-90; Ord. No. 92-133, § 4, 4-21-92; Ord. No. 93-185, § 1, 8-17-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 04-468, § 3, 11-16-04)
18-52 – 18-70 Reserved.
Division 3. Categorical Exemptions and Threshold Determinations
18-71 Adoption of regulations.
The city adopts the following sections of Chapter 197-11 WAC as now existing or amended by reference:
(1) 197-11-300, Purpose of this part.
(2) 197-11-305, Categorical exemptions.
(3) 197-11-310, Threshold determination required.
(4) 197-11-315, Environmental checklist.
(5) 197-11-330, Threshold determination process.
(6) 197-11-335, Additional information.
(7) 197-11-340, Determination of nonsignificance (DNS).
(8) 197-11-350, Mitigation determination of nonsignificance.
(9) 197-11-360, Determination of significance (DS/initiation of scoping).
(10) 197-11-390, Effect of threshold determination. (Ord. No. 90-40, § 1(20.60), 2-27-90; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-72 Categorical exemptions – Rules.
The city adopts by reference the following rules for categorical exemptions in Chapter 197-11 WAC, as now existing or amended:
(1) 197-11-800, Categorical exemptions.
(2) 197-11-880, Emergencies.
(3) 197-11-890, Petitioning State Department of Ecology to change exemptions. (Ord. No. 90-40, § 1(20.80), 2-27-90; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
Editor’s note – Ordinance No. 04-468, § 3, adopted November 16, 2004, deleted § 18-72 and renumbered § 18-73 as a new § 18-72. Formerly, such section pertained to timing and derived from Ord. No. 90-40, § 1(20.70.10 – 20.70.60), 2-27-90.
18-73 Categorical exemptions – Flexible thresholds.
(a) The city establishes the following exempt levels for minor new construction defined in WAC 197-11-800(1)(b) based on local conditions:
(1) For residential structures up to nine dwelling units.
(2) For agricultural structures covering up to 10,000 square feet.
(3) For office, commercial, recreational, service or storage buildings up to 4,000 square feet gross floor area, and up to 20 parking spaces.
(4) For parking lots up to 20 parking spaces.
(5) For landfills and excavations up to 500 cubic yards.
(b) Whenever the city establishes new exempt levels under this section, it shall send them to the State Department of Ecology as required by WAC 197-11-800(1)(c). (Ord. No. 90-40, § 1(20.90.10, 20.90.20), 2-27-90; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-74 Planned actions – Definition and criteria.
(a) A planned action means one or more types of project action that:
(1) Are designated planned actions by an ordinance or resolution adopted by the city;
(2) Have had the significant environmental impacts adequately addressed in an EIS prepared in conjunction with:
a. A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW; or
b. A fully contained community, a master planned resort, a master planned development, or a phased project;
(3) Are subsequent or implementing projects for the proposals listed in subsection (a)(2) of this section;
(4) Are located within an urban growth area, as defined in RCW 36.70A.030, or are located within a master planned resort;
(5) Are not essential public facilities, as defined in RCW 36.70A.200; and
(6) Are consistent with a comprehensive plan adopted under Chapter 36.70A RCW.
(b) The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than its jurisdictional boundaries.
(c) The city may limit a planned action to a time period identified in the EIS or the designating ordinance or resolution adopted under FWCC 18-75. (Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-75 Ordinances or resolutions designating planned actions – Procedures for adoption.
(a) The city must designate a planned action by ordinance or resolution. Public notice and opportunity for public comment shall be provided as part of the agency’s process for adopting the ordinance or resolution.
(b) The ordinance or resolution:
(1) Shall describe the type(s) of project action being designated as a planned action;
(2) Shall describe how the planned action meets the criteria in FWCC 18-74 (including specific reference to the EIS that addresses any significant environmental impacts of the planned action);
(3) Shall include a finding that the environmental impacts of the planned action have been identified and adequately addressed in the EIS, subject to project review under FWCC 18-76; and
(4) Should identify any specific mitigation measures other than applicable development regulations that must be applied to a project for it to qualify as the planned action.
(c) If the city has not limited the planned action to a specific time period identified in the EIS, it may do so in the ordinance or resolution designating the planned action.
(d) The city is encouraged to provide a periodic review and update procedure for the planned action to monitor implementation and consider changes as warranted. (Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-76 Planned actions – Project review.
(a) Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects. A project proposed as a planned action must qualify as the planned action designated in the planned action ordinance or resolution, and must meet the statutory criteria for a planned action in RCW 43.21C.031. Planned action project review shall include:
(1) Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in, the designating ordinance or resolution; and
(2) Verification that the probable significant adverse environmental impacts of the project have been adequately addressed in the EIS prepared under FWCC 18-74(a)(2) through review of an environmental checklist or other project review form as specified in WAC 197-11-315, filed with the project application.
(b)(1) If the project meets the requirements of subsection (a) of this section, the project shall qualify as the planned action designated by the city, and a project threshold determination or EIS is not required. Nothing in this section limits the city from using this chapter or other applicable law to place conditions on the project in order to mitigate nonsignificant impacts through the normal local project review and permitting process.
(2) If the project does not meet the requirements of subsection (a) of this section, the project is not a planned action and a threshold determination is required. In conducting the additional environmental review under this chapter, the lead agency may use information in existing environmental documents, including the EIS used to designate the planned action (refer to WAC 197-11-330(2)(a) and 197-11-600 through 197-11-635). If an EIS or SEIS is prepared on the proposed project, its scope is limited to those probable significant adverse environmental impacts that were not adequately addressed in the EIS used to designate the planned action.
(c) Public notice for projects that qualify as planned actions shall be tied to the underlying permit. If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a planned action. If notice is not otherwise required for the underlying permit, no special notice is required. However, the city is encouraged to provide some form of public notice as deemed appropriate. (Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-77 Categorical exemptions – Determination.
(a) When the city receives an application for a license or a city department initiates a proposal, the responsible official shall determine whether the license or proposal is exempt. The determination of exemption shall be final and not subject to administrative review. The procedural requirements of this article shall not apply to proposals or licenses which are determined to be exempt, nor shall an environmental checklist be required to be completed.
(b) In determining whether a proposal is exempt the responsible official shall make certain the proposal is properly defined and shall identify the governmental license required. If the proposal includes exempt and nonexempt actions, the responsible official shall determine the lead agency for the nonexempt action.
(c) If a proposal includes both exempt and nonexempt actions, the city may authorize exempt actions prior to completion of the procedural requirements of this article, except that:
(1) The city shall not give authorization for any action that is nonexempt, any action that would have an adverse environmental effect, or any action that would limit the choice of reasonable alternatives;
(2) The city may withhold approval of an exempt action that would lead to modifications of the physical environment serving no purpose if the nonexempt actions were not approved;
(3) The city may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved. (Ord. No. 90-40, § 1(20.100.10 – 20.100.30), 2-27-90; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-78 Threshold determination – Early review at conceptual level.
(a) When the city’s only action on a proposal is a decision on a building permit or other permit that requires detailed project plans and specifications, the applicant may request in writing that the city conduct an environmental review prior to submission of the plans and specifications. In addition to the required environmental documents, the applicant shall submit any additional information as determined by the responsible official.
(b) An applicant may request in writing early notice of whether a determination of significance (DS) is likely under the following conditions:
(1) The request shall precede the city’s actual threshold determination for the proposal;
(2) The proposal is sufficiently definite to allow meaningful environmental analysis;
(3) Adequate information is available on the proposed action and potential environmental impacts to make a threshold determination;
(4) The responsible official may require that additional information be submitted prior to responding to the request for early notice.
(c) The responsible official’s response to the request for early notice may:
(1) State whether the city currently considers issuance of a determination of significance likely and, if so, indicate the general or specific areas of concern that are leading the city to consider a determination of significance and whether any additional information is needed. The responsible official may also indicate that with the approval of the applicant, a determination of significance would be issued and scoping initiated.
(2) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, and may revise the environmental checklist and/or proposal as necessary to reflect the changes or clarifications.
(d) The city’s written response to a request for early notice shall not be construed as a determination of significance or nonsignificance. Preliminary discussion of clarifications of or changes to a proposal shall not bind the city to consider the clarification or changes in its threshold determination. (Ord. No. 90-40, § 1(20.110.10 – 20.110.40), 2-27-90; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-79 Threshold determination – Environmental checklist.
(a) A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate or other approval not exempted by this chapter unless the city and applicant agree that an environmental impact statement is required, or State Environmental Policy Act compliance has been completed or initiated by another agency. The checklist shall be in the form of WAC 197-11-960 with such additions that may be required by the responsible official in accordance with WAC 197-11-906(4).
(b) For private proposals, the applicant normally shall be required to complete the environmental checklist, although the city may decide to complete all or part of the checklist if the following occurs:
(1) The city has technical information that is unavailable to the private applicant;
(2) The applicant has provided inaccurate information on previous or current proposals. (Ord. No. 90-40, § 1(20.120.10, 20.120.20), 2-27-90; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-80 Threshold determination of nonsignificance.
(a) If the responsible official determines there will be no probable significant adverse environmental impacts from a proposal, the lead agency shall prepare and issue a determination of nonsignificance (DNS) substantially in the form provided in WAC 197-11-970. If an agency adopts another environmental document in support of a threshold determination, the notice of adoption (WAC 197-11-965) and the DNS shall be combined or attached to each other.
(b) When a DNS is issued for any of the proposals listed in subsection (b)(1) of this section, the requirements of this subsection shall be met. The requirements of this subsection do not apply to a DNS issued when the optional DNS process in FWCC 18-82 is used.
(1) An agency shall not act upon a proposal for 14 days after the date of issuance of a DNS if the proposal involves:
a. Another agency with jurisdiction;
b. Demolition of any structure or facility not exempted by WAC 197-11-800(2)(f) or 197-11-880;
c. Issuance of clearing or grading permits not exempted in Part Nine of Chapter 197-11 WAC;
d. A DNS under WAC 197-11-350(2), (3) or 197-11-360(4); or
e. A GMA action.
(2) The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the Department of Ecology, and affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal, and shall give notice under FWCC 18-49.
(3) Any person, affected tribe, or agency may submit comments to the lead agency within 14 days of the date of issuance of the DNS.
(4) The date of issue for the DNS is the date the DNS is sent to the Department of Ecology and agencies with jurisdiction and is made publicly available.
(5) An agency with jurisdiction may assume lead agency status only within this 14-day period (WAC 197-11-948).
(6) The responsible official shall reconsider the DNS based on timely comments and may retain or modify the DNS or, if the responsible official determines that significant adverse impacts are likely, withdraw the DNS or supporting documents. When a DNS is modified, the lead agency shall send the modified DNS to agencies with jurisdiction.
(c)(1) The lead agency shall withdraw a DNS if:
a. There are substantial changes to a proposal so that the proposal is likely to have significant adverse environmental impacts;
b. There is significant new information indicating, or on, a proposal’s probable significant adverse environmental impacts; or
c. The DNS was procured by misrepresentation or lack of material disclosure; if such DNS resulted from the actions of an applicant, any subsequent environmental checklist on the proposal shall be prepared directly by the lead agency or its consultant at the expense of the applicant.
(2) Subsection (c)(1)(b) of this section shall not apply when a nonexempt license has been issued on a private project.
(3) If the lead agency withdraws a DNS, the agency shall make a new threshold determination and notify other agencies with jurisdiction of the withdrawal and new threshold determination. If a DS is issued, each agency with jurisdiction shall commence action to suspend, modify, or revoke any approvals until the necessary environmental review has occurred (see also WAC 197-11-070). (Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-81 Threshold determination – Mitigated determination of nonsignificance.
(a) The responsible official may issue a determination of nonsignificance based on mitigating conditions attached to the proposal by the responsible official or on changes or clarifications proposed by the applicant. When an applicant submits a changed or clarified proposal with a revised checklist, the city shall base its threshold determination on the changed or clarified proposal as follows:
(1) If the city indicated specific mitigation measures in response to the request for early notice, and the applicant included those measures, the city shall issue a determination of nonsignificance if no additional information or mitigation is required.
(2) If the city indicated areas of concern, but did not indicate specific mitigation measures, the city shall issue a determination of nonsignificance or determination of significance as appropriate.
(3) The applicant’s proposed clarification, changes, mitigations or other conditions must be specific and presented in writing.
(b) Mitigation measures justifying issuance of a mitigated determination of nonsignificance may be incorporated in the determination of nonsignificance by reference to agency staff reports, studies or other documents.
(c) Mitigation measures incorporated in the mitigated determination of nonsignificance shall be conditions of approval of the permit and may be enforced in the same manner as any conditions of the permit, or any other manner as prescribed by the city. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued.
(d) The city shall not act upon a proposal for which a mitigated determination of nonsignificance has been issued until the appeal period has expired.
(e) If the city’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated determination of nonsignificance for the proposal, the city should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a determination of nonsignificance. (Ord. No. 90-40, § 1(20.130.10 – 20.130.50), 2-27-90; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-82 Optional DNS process.
(a) If the city has a reasonable basis for determining significant adverse environmental impacts are unlikely, it may use a single integrated comment period to obtain comments on the notice of application and the likely threshold determination for the proposal. If this process is used, a second comment period will typically not be required when the DNS is issued (refer to subsection (d) of this section).
(b) If the lead agency uses the optional process specified in subsection (a) of this section, the lead agency shall:
(1) State on the first page of the notice of application that it expects to issue a DNS for the proposal, and that:
a. The optional DNS process is being used;
b. This may be the only opportunity to comment on the environmental impacts of the proposal;
c. The proposal may include mitigation measures under applicable codes, and the project review process may incorporate or require mitigation measures regardless of whether an EIS is prepared; and
d. A copy of the subsequent threshold determination for the specific proposal may be obtained upon request (in addition, the lead agency may choose to maintain a general mailing list for threshold determination distribution);
(2) List in the notice of application the conditions being considered to mitigate environmental impacts, if a mitigated DNS is expected;
(3) Comply with the requirements for a notice of application and public notice in FWCC 18-49; and
(4) Send the notice of application and environmental checklist to:
a. Agencies with jurisdiction, the Department of Ecology, affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal; and
b. Anyone requesting a copy of the environmental checklist for the specific proposal (in addition, the lead agency may choose to maintain a general mailing list for checklist distribution).
(c) If the lead agency indicates on the notice of application that a DNS is likely, an agency with jurisdiction may assume lead agency status during the comment period on the notice of application (WAC 197-11-948).
(d) The responsible official shall consider timely comments on the notice of application and either:
(1) Issue a DNS or mitigated DNS with no comment period using the procedures in subsection (e) of this section;
(2) Issue a DNS or mitigated DNS with a comment period using the procedures in subsection (e) of this section, if the lead agency determines a comment period is necessary;
(3) Issue a DS; or
(4) Require additional information or studies prior to making a threshold determination.
(e) If a DNS or mitigated DNS is issued under subsection (d)(1) of this section, the lead agency shall send a copy of the DNS or mitigated DNS to the Department of Ecology, agencies with jurisdiction, those who commented, and anyone requesting a copy. A copy of the environmental checklist need not be recirculated. (Ord. No. 04-468, § 3, 11-16-04; Ord. No. 07-554, § 5(Exh. A(1)), 5-15-07)
18-83 City center planned action.
(a) Purpose. The city of Federal Way declares that the purpose of this section is to:
(1) Combine environmental analysis with land use planning; and
(2) Set forth a procedure designating certain project actions in a portion of the city center subarea as “planned actions” consistent with state law RCW 43.21C.031; and
(3) Streamline and expedite the land use permit review process by relying on completed and existing environmental analysis for the planned action area; and
(4) Apply the Federal Way City Code together with the mitigation framework in subsection (c) of this section for the purpose of processing planned action development applications.
(b) Findings. The city of Federal Way finds that:
(1) The city of Federal Way is required to prepare and implement plans in accordance with the provisions of the Growth Management Act, Chapter 36.70A RCW;
(2) The city of Federal Way has adopted a comprehensive plan and city center subarea plan in compliance with the GMA;
(3) The city center planned action environmental impact statement identifies and addresses all significant environmental impacts associated with the proposed planned action as defined in subsection (c) of this section;
(4) The mitigation measures contained in Exhibit B of Ordinance 07-547, together with applicable city development standards, are adequate to mitigate the significant adverse environmental impacts of planned action development as defined in subsection (c)(3) of this section;
(5) The expedited permit review procedures as set forth in this section are and will be a benefit to the public, protect the environment, and enhance economic development; and
(6) Opportunities for public involvement and review have been provided, and comments considered as part of preparation of the draft and final planned action environmental impact statement.
(c) Procedures and criteria for evaluating and determining projects as planned actions.
(1) Planned action site. The planned action designation shall apply to the approximately 200-acre site generally bounded by South 312th Street on the north, South 324th Street on the south, Pacific Highway South on the west and 23rd Avenue South on the east and shown in Exhibit A of Ordinance 07-547.
(2) Environmental document. A planned action designation for a site-specific application shall be based on the environmental analysis contained in the city center planned action environmental impact statement (EIS) completed by the city on September 8, 2006. “EIS” means the city center planned action environmental impact statement composed of the draft EIS (June 2006) and the final EIS (September 2006). The mitigation document (Exhibit B of Ordinance 07-547) is based upon the analysis of the EIS. The mitigation document, together with applicable city codes, ordinances and standards, shall provide the framework for the decision by the city to impose conditions on a planned action project.
(3) Planned action qualifications.
a. Land uses. The following uses are the primary uses analyzed in the EIS.
1. Retail goods and services.
2. Office.
3. Lodging.
4. Residential.
5. Civic.
6. Structured parking.
b. Development thresholds. The planned action designation applies to future development proposals that cumulatively do not exceed the development envelope established by the EIS, as shown in the city center summary development table below:
City Center Summary Development Table Uses
Development Envelope
Retail
750,000 sf
Office
350,000 sf
Lodging
600 rooms
Residential
750 units
Civic
500,000
Structured Parking
750 stalls
The planned action designation also applies to demolition of existing buildings and/or parking facilities.
If proposed plans significantly change the location of uses in a manner that would alter the environmental determinations of the EIS, additional SEPA review may be required. Additional environmental review may be conducted as an addendum or supplement to the planned action EIS.
Shifting the total build-out of development among uses may be permitted so long as the total build-out does not exceed the aggregate amount of development, trip generation and parking thresholds reviewed in the EIS and so long as the impacts of that development have been identified and mitigated in the EIS and mitigation document.
c. The project is located within the planned action area.
d. Transportation.
1. Vehicle trip ranges. The ranges of vehicle trips reviewed in the EIS are as follows:
Planned Action Trip Thresholds by 2009 Time Period
Total Trips
AM Peak Hour
1,220
Saturday Peak Hour
2,816
PM Peak Hour
2,727
Planned Action Trip Thresholds 2010 – 2014 Time Period
Total Trips
AM Peak Hour
919 – 1,073
Saturday Peak Hour
2,537 – 2,552
PM Peak Hour
2,360 – 2,370
The EIS conducted quantitative analysis on a per-intersection basis of impacts and mitigation through 2009 (or the equivalent time, based on the cumulative totals of projected vehicle trips). EIS analysis of 2010 – 2014 vehicle trips was performed more qualitatively and may require additional environmental review to quantitatively analyze potential transportation impacts and mitigation measures, as determined by the SEPA official, in consultation with the public works director.
2. Trip threshold. Proposed development that would result in a cumulative total of trips that exceeds the maximum trip levels shown above would not qualify as a planned action.
3. Public works discretion. The public works director shall have discretion to determine incremental and total trip generation, consistent with the Institute of Traffic Engineers (ITE) General Manual (latest ed.), for each planned action project permit application proposed under this planned action.
e. Elements of the environment analyzed in the EIS. A project that would result in a significant change in impacts to any of the elements of the environment identified in the EIS would not qualify as a planned action.
f. Time horizon. The planned action designation is intended to be applicable until all development shown in the city center summary development table (subsection (c)(3)(b) of this section) is constructed or until 2014, whichever occurs first. In addition, should environmental conditions significantly change from those analyzed in the EIS, the city’s SEPA official may determine that the planned action designation is no longer applicable unless additional, supplementary environmental review is conducted, regardless of the date.
(4) Planned action review criteria.
a. Uses and activities described in the EIS, subject to the qualifications described in subsection (c)(3) of this section and the mitigation measures in Exhibit B of Ordinance 07-547, may be designated planned actions pursuant to RCW 43.21C.031.
b. The SEPA official or designee is authorized to designate a project application as a planned action pursuant to RCW 43.21C.031(2)(a), if the project meets all of the following conditions:
1. The project is not otherwise exempt from SEPA; and
2. The project is consistent with the city of Federal Way Comprehensive Plan adopted under Chapter 36.70A RCW; and
3. The project is subsequent to or is implementing a project which has had its significant adverse environmental impacts that have been adequately identified in the EIS; and
4. The project falls within the planned action qualifications identified in subsection (c)(3) of this section; and
5. The SEPA official has determined that the project’s adverse impacts are able to be mitigated through the application and/or inclusion of mitigation measures detailed in the mitigation document in Exhibit B of Ordinance 07-547, as well as other applicable city, county, state, and federal requirements and conditions, which together constitute sufficient mitigation for the significant environmental impacts associated with the proposed project; and
6. The proposed project complies with all applicable local, county, state, and federal regulations, and, where appropriate, the proposed project complies with needed variances or modifications or other special permits have been identified; and
7. The proposed project is not an essential public facility.
(5) Effect of planned action.
a. Upon designation by the SEPA official that the development proposal within the planned action area qualifies as a planned action pursuant to this section and WAC 197-11-172, the project shall not be subject to a SEPA threshold determination, an environmental impact statement (EIS), SEPA appeal or any other additional review under SEPA.
b. Being designated as a planned action or planned action project means that a proposed project has been reviewed in accordance with this section and found to be consistent with the development parameters and environmental analysis included in the EIS.
c. Planned action projects will not be subject to further procedural review under SEPA. However, as stated under subsection (c)(4)(b)(6) of this section, in order to qualify as planned actions, these projects will have incorporated mitigating measures identified in the city center planned action EIS, as outlined in this document and Exhibit B (attached to Ordinance 07-547), which are designed to mitigate environmental impacts resulting from the project proposal. Additionally, projects will be subject to applicable city, state and federal regulatory requirements. The planned action designation shall not exempt a project from meeting the city’s code and ordinance requirements apart from the SEPA process.
(6) Planned action permit process. The director of community development services or designee shall review projects and determine whether they meet the criteria as planned actions under applicable state, federal, and local laws, regulations, codes and ordinances. The review procedure shall consist, at a minimum, of the following:
a. Development applications will meet the requirements of Chapters 5, 13, 15, 16, 18, 19 and 22 FWCC. Applications shall be made on forms provided by the city and shall include a planned action checklist or such other project review forms provided by the community development, building, and public works departments. The checklist may be incorporated into the form of an application.
b. The director of community development services will determine whether the application is complete as provided in FWCC 22-33.
c. After the city receives and reviews a complete application, the SEPA official shall determine, utilizing the criteria and procedures contained in subsection (c)(4) of this section and WAC 197-11-172, whether the project qualifies as a planned action. If the project does qualify as a planned action, the director of community development services shall notify the applicant, and the project shall proceed in accordance with the appropriate permit procedures, except that no additional SEPA review, threshold determination or EIS will be required.
d. For projects that qualify as planned actions, public notice shall be provided as specified in FWCC 18-76(c).
e. If a project is determined not to be a planned action, the director of community development services shall notify the applicant and prescribe a SEPA review procedure consistent with the city SEPA procedures and state laws. The notice to the applicant shall describe the elements of the application that result in disqualification as a planned action.
f. Projects disqualified as a planned action may use or incorporate relevant elements of the environmental review analysis in the EIS prepared for the planned action, as well as other environmental review documents to assist in meeting SEPA requirements. The SEPA official may choose to limit the scope of the SEPA review to those issues and environmental impacts not previously addressed in the EIS.
(d) Planned action area monitoring. The city center planned action section shall be reviewed periodically by the director of community development services to determine its continuing validity with respect to the environmental conditions of the project area and vicinity and applicability of planned action requirements, including a review prior to the end of 2009 to ensure continued applicability of the transportation analysis and impacts. Based upon this review, this section may be amended as needed, and another review period may be specified.
(e) Conflict. In the event of a conflict between this section or any mitigation measures imposed pursuant thereto and any ordinance or regulation of the city, the provisions of this section shall control. (Ord. No. 07-547, §§ 1 – 5, 2-20-07; Ord. No. 07-552, § 1, 4-3-07)
18-84 – 18-95 Reserved.
Division 4. Environmental Impact Statement
18-96 Rules.
The city adopts by reference the following sections of Chapter 197-11 WAC, as now existing or amended:
(1) 197-11-400, Purpose of environmental impact statement.
(2) 197-11-402, General requirements.
(3) 197-11-405, Environmental impact statement types.
(4) 197-11-406, Environmental impact statement timing.
(5) 197-11-408, Scoping.
(6) 197-11-410, Expanded scoping.
(7) 197-11-420, Environmental impact statement preparation.
(8) 197-11-425, Style and size.
(9) 197-11-430, Format.
(10) 197-11-435, Cover letter or memo.
(11) 197-11-440, Environmental impact statement contents.
(12) 197-11-442, Contents of environmental impact statement on nonproject proposals.
(13) 197-11-443, Environmental impact statement contents when prior nonproject environmental impact statement.
(14) 197-11-444, Elements of the environment.
(15) 197-11-448, Relationship of environmental impact statement to other considerations.
(16) 197-11-450, Cost-benefit analysis.
(17) 197-11-455, Issuance of determination of environmental impact statement.
(18) 197-11-460, Issuance of final environmental impact statement. (Ord. No. 90-40, § 1 (20.140), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-97 Preparation.
(a) Preparation of environmental impact statements, supplemental environmental impact statements, and other environmental documentation shall be under the direction of the responsible official. The documents may be prepared by the city staff, or by a consultant approved and directed by the city, but will be paid for by the applicant. A consultant preparing or subconsultant participating in the preparation of an environmental impact statement may not subsequently work for the proponent of the proposed project. The responsible official shall notify the applicant of the city’s procedure for environmental impact statement preparation, including review, approval and distribution of the draft and final environmental impact statement.
(b) The city may require an applicant to provide information the city does not possess, including specific investigations relating to elements of the environment. The applicant is not required to supply information not required under this chapter, or that is requested from another agency, provided this does not apply to information requested under another statute or ordinance.
(c) Before the city issues a preliminary or final environmental impact statement, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC. (Ord. No. 90-40, § 1(20.150.10 – 20.150.30), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-98 Other considerations.
As defined in WAC 197-11-448, the following information may be part of the existing environment for purposes of content, but will not be considered as elements of the environment requiring discussion in the environmental impact statement or as criteria for threshold determinations:
(1) Finance and economics.
(2) Social policy.
(3) Cost-benefit analysis.
(4) Nonconstruction aspects of education and communications. (Ord. No. 90-40, § 1(20.160), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-99 Commenting.
The city adopts the following sections of Chapter 197-11 WAC as now existing or amended by reference:
(1) 197-11-500, Purpose of this part.
(2) 197-11-502, Inviting comment.
(3) 197-11-504, Availability and cost of environmental documents.
(4) 197-11-508, State Environmental Policy Act register.
(5) 197-11-535, Public hearings and meetings.
(6) 197-11-545, Effect of no comment.
(7) 197-11-550, Specificity of comments.
(8) 197-11-560, Final environmental impact statement response to comments.
(9) 197-11-570, Consulted agency costs to assist lead agency. (Ord. No. 90-40, § 1(20.170), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-100 – 18-115 Reserved.
Division 5. Environmental Policy Statement
18-116 Definitions – Adoption by reference.
The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or amended, and as supplemented in this chapter:
(1) 197-11-700, Definitions.
(2) 197-11-702, Act.
(3) 197-11-704, Action.
(4) 197-11-706, Addendum.
(5) 197-11-708, Adoption.
(6) 197-11-710, Affected tribe.
(7) 197-11-712, Affecting.
(8) 197-11-714, Agency.
(9) 197-11-716, Applicant.
(10) 197-11-718, Built environment.
(11) 197-11-720, Categorical exemption.
(12) 197-11-721, Closed record appeal.
(13) 197-11-722, Consolidated appeal.
(14) 197-11-724, Consulted agency.
(15) 197-11-726, Cost-benefit analysis.
(16) 197-11-728, County/city.
(17) 197-11-730, Decision maker.
(18) 197-11-732, Department.
(19) 197-11-734, Determination of nonsignificance.
(20) 197-11-736, Determination of significance.
(21) 197-11-738, Environmental impact statement.
(22) 197-11-740, Environment.
(23) 197-11-742, Environmental checklist.
(24) 197-11-744, Environmental document.
(25) 197-11-746, Environmental review.
(26) 197-11-750, Expanded scoping.
(27) 197-11-752, Impacts.
(28) 197-11-754, Incorporation by reference.
(29) 197-11-756, Lands covered by water.
(30) 197-11-758, Lead agency.
(31) 197-11-760, License.
(32) 197-11-762, Local agency.
(33) 197-11-764, Major action.
(34) 197-11-766, Mitigated determination of nonsignificance.
(35) 197-11-768, Mitigation.
(36) 197-11-770, Natural environment.
(37) 197-11-772, National Environmental Protection Agency.
(38) 197-11-774, Nonproject.
(39) 197-11-775, Open record hearing.
(40) 197-11-776, Phased review.
(41) 197-11-778, Preparation.
(42) 197-11-780, Private project.
(43) 197-11-782, Probable.
(44) 197-11-784, Proposal.
(45) 197-11-786, Reasonable alternative.
(46) 197-11-788, Responsible official.
(47) 197-11-790, State Environmental Policy Act.
(48) 197-11-792, Scope.
(49) 197-11-793, Scoping.
(50) 197-11-794, Significant.
(51) 197-11-796, State agency.
(52) 197-11-797, Threshold determination.
(53) 197-11-799, Underlying governmental action. (Ord. No. 90-40, § 1(20.260), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-117 Use of existing environmental documents.
The city adopts the following sections of Chapter 197-11 WAC as now existing or amended by reference:
(1) 197-11-600, When to use existing environmental documents.
(2) 197-11-610, Use of NEPA documents.
(3) 197-11-620, Supplemental environmental impact statement – Procedures.
(4) 197-11-625, Addenda – Procedures.
(5) 197-11-630, Adoption – Procedures.
(6) 197-11-635, Incorporation by reference –Procedures.
(7) 197-11-640, Combining documents. (Ord. No. 90-40, § 1(20.190), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-118 Compliance with State Environmental Policy Act – Adoption by reference.
The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or amended, and as supplemented in this chapter:
(1) 197-11-900, Purpose of this part.
(2) 197-11-902, Agency State Environmental Policy Act policies.
(3) 197-11-916, Application to ongoing actions.
(4) 197-11-920, Agencies with environmental expertise.
(5) 197-11-922, Lead agency rules.
(6) 197-11-924, Determining the lead agency.
(7) 197-11-926, Lead agency for governmental proposals.
(8) 197-11-928, Lead agency for public and private proposals.
(9) 197-11-930, Lead agency for private projects with one agency with jurisdiction.
(10) 197-11-932, Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.
(11) 197-11-934, Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.
(12) 197-11-936, Lead agency for private projects requiring licenses from more than one state agency.
(13) 197-11-938, Lead agencies for specific proposals.
(14) 197-11-940, Transfer of lead agency status to a state agency.
(15) 197-11-942, Agreements on lead agency status.
(16) 197-11-944, Agreements on division of lead agency duties.
(17) 197-11-946, Department of Ecology resolution of lead agency disputes.
(18) 197-11-948, Assumption of lead agency status. (Ord. No. 90-40, § 1(20.270), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-119 State Environmental Policy Act decisions – Adoption by reference.
The city adopts by reference the following sections of Chapter 197-11 WAC as now existing or amended:
(1) 197-11-650, Purpose of this part.
(2) 197-11-655, Implementation.
(3) 197-11-660, Substantive authority and mitigation.
(4) 197-11-680, Appeals. (Ord. No. 90-40, § 1(20.200), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-120 State Environmental Policy Act decisions – Forwarding recommendations.
For nonexempt proposals, any determination of nonsignificance or mitigated determination of nonsignificance or completed draft and final environmental impact statement for the proposal shall accompany the city staff’s recommendation to any appropriate advisory body such as the planning commission, or to the hearing examiner or city council. (Ord. No. 90-40, § 1(20.210), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-121 State Environmental Policy Act decisions – Substantive authority.
(a) The city may attach conditions to a permit or approval for a proposal so long as:
(1) Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared under this chapter;
(2) Such conditions are in writing;
(3) Such conditions are reasonable and capable of being accomplished;
(4) The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and
(5) Such conditions are based on one or more policies in FWCC 18-122 and are cited in the permit, approval, license or other decision document.
(b) The city may deny a permit or approval for a proposal on the basis of the State Environmental Policy Act so long as:
(1) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a final environmental impact statement or final supplemental environmental impact statement;
(2) A finding is made that reasonable mitigation measures are insufficient to mitigate an identified impact; and
(3) The denial is based on one or more policies identified in FWCC 18-122 and identified in writing in the decision document. (Ord. No. 90-40, § 1(20.220.10, 20.220.20), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-122 State Environmental Policy Act policies.
(a) The policies and goals set forth in this article are supplementary to those in the existing authorization of the city.
(b) The city designates and adopts by reference the policies in this section as the basis for the city’s exercise of authority under this article. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:
(1) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(2) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;
(3) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences;
(4) Preserve important historic, cultural, and natural aspects of our national heritage;
(5) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;
(6) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
(7) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.
(c) The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.
(d) The city adopts by reference the following city codes, ordinances, resolutions, plans and policies as now exist or as may hereinafter be amended or superseded:
(1) The Federal Way Comprehensive Plan;
(2) The Federal Way City Code and documents adopted by reference therein, including without limitation the following chapters:
a. Zoning (Chapter 22 FWCC) and the official zoning map;
b. Subdivisions (Chapter 20 FWCC);
c. Surface and Stormwater Management (Chapter 21 FWCC);
d. Shoreline Regulation and the Shoreline Management Master Program (Chapter 18 FWCC);
e. Methods to Mitigate Development Impacts (Chapter 19 FWCC); and
f. Solid Waste (Chapter 12 FWCC);
(3) The Shoreline Management Guide Book (DOE);
(4) The Washington State Flood Reduction Plan (1993 DCD);
(5) Ordinances relating to Surface Water Runoff and Surface Water Management;
(6) The Lakehaven Utility District Comprehensive Sewer System Plan;
(7) The Lakehaven Utility District Comprehensive Water System Plan;
(8) The Federal Way Comprehensive Parks, Recreation, and Cultural Services Plan;
(9) The Federal Way Fire Department Long Range Plan;
(10) The Federal Way School District Number 210 Capital Facilities Plan;
(11) The Code of the King County Board of Health;
(12) The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King County Surface Water Management, July 1991;
(13) The King County County-Wide Planning Policies, to the extent currently adopted by the Federal Way city council, and as may be adopted hereafter;
(14) The 2001 King County Final Comprehensive Solid Waste Management Plan;
(15) The Federal Way Comprehensive Surface Water Management Plan;
(16) Washington State Shoreline Management Act of 1971;
(17) The Puget Sound Water Quality Management Plan;
(18) The King County Division of Parks and Recreation Play Area Design and Inspection Handbook;
(19) The Sea-Tac International Airport Impact Mitigation Study, February 1997, prepared by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services, Inc., under a grant from the state of Washington;
(20) The Washington State Department of Transportation Pavement Guide, February 1995;
(21) The Highway Capacity Manual, Special Report 209, Transportation Research Board, 1997;
(22) The Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991;
(23) The King County Surface Water Design Manual (KCSWDM) and the Federal Way Addendum to the KCSWDM;
(24) The Stormwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology, August 2001;
(25) The King County Stormwater Pollution Control Manual and Best Management Practices (BMP manual);
(26) The January 2002 URS Federal Way Stream Inventory; and
(27) Planning documents not specifically listed above but referenced in the environmental analysis of the city’s comprehensive plan. (Ord. No. 90-40, § 1(20.230.10, 20.230.20), 2-27-90; Ord. No. 91-109, § 2, 9-17-91; Ord. No. 91-114, § 3, 12-3-91; Ord. No. 92-130, § 3, 3-17-92; Ord. No. 92-136, § 3, 4-21-92; Ord. No. 92-137, § 1, 5-5-92; Ord. No. 92-140, § 3, 6-2-92; Ord. No. 93-184, § 1, 8-17-93; Ord. No. 93-202, § 1, 12-21-93; Ord. No. 95-246, § 2, 11-21-95; Ord. No. 00-365, § 3, 3-7-00; Ord. No. 04-468, § 3, 11-16-04)
18-123 – 18-140 Reserved.
Division 6. Critical Areas
18-141 Designation of areas.
(a) The following areas of the environment are designated as critical areas pursuant to RCW 36.70A.030(5):
(1) Critical aquifer recharge areas and wellhead protection areas (Wellhead Capture Zones 1, 5 and 10);
(2) Fish and wildlife habitat conservation areas;
(3) Frequently flooded areas;
(4) Geologically hazardous areas;
(5) Regulated wetlands; and
(6) Streams.
(b) For each of these critical areas, the responsible official shall use city codes, ordinances, resolutions, plans and policies identified in FWCC 18-122 to preclude land uses and development which are incompatible with these areas. (Ord. No. 90-40, § 1(20.280.10), 2-27-90; Ord. No. 91-105, § 6(20.280.10), 8-20-91; Ord. No. 93-192, § 2, 11-9-93; Ord. No. 04-468, § 3, 11-16-04)
18-142 Critical areas maps and inventories.
(a) Critical areas maps and inventories generally designate the location of critical areas within the city and are adopted by reference.
(b) 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 responsible official may require a special study to determine the extent such critical area may exist. (Ord. No. 90-40, § 1(20.280.10), 2-27-90; Ord. No. 91-105, § 6(20.280.10), 8-20-91; Ord. No. 04-468, § 3, 11-16-04)
18-143 Exemptions.
(a) For each critical area, the exemptions within WAC 197-11-800 that are inapplicable for that area are:
(1) WAC 197-11-800(1), Minor new construction, flexible threshold.
(2) WAC 197-11-800(2)(a) through (g), Other minor new construction.
(3) WAC 197-11-800(6)(a), Minor land use decisions, short plat approval.
(4) WAC 197-11-800(23), Utilities.
(b) Unidentified exemptions shall continue to apply within environmentally sensitive areas of the city. (Ord. No. 90-40, § 1(20.280.10 – 20.280.30), 2-27-90; Ord. No. 91-105, § 6(20.280.10), 8-20-91; Ord. No. 04-468, § 3, 11-16-04)
18-144 Treatment of proposals.
The city shall treat proposals located wholly or partially within a critical area no differently than other proposals under this chapter except as stated in FWCC 18-143. A threshold determination shall be made for all such proposals. The city shall not automatically require an environmental impact statement for a proposal merely because it is proposed for location in a critical area. (Ord. No. 90-40, § 1(20.280.20), 2-27-90; Ord. No. 04-468, § 3, 11-16-04)
18-145 – 18-160 Reserved.
Article III.
SHORELINE MANAGEMENTSections:
Division 1. Generally
18-161 Purpose and authority.
18-162 Jurisdiction.
18-163 Additional definitions.
Division 2. Shoreline Regulation
18-164 Environmental designations.
18-165 Urban environment.
18-166 Rural environment.
18-167 Conservancy residential environment.
18-168 Natural environment.
18-169 Application and public notice.
18-170 Procedure for review.
18-171 Shoreline variance.
18-172 Conditional uses.
18-173 Final approval of shoreline permits.
18-174 Combined hearing authority.
18-175 Alteration or reconstruction of nonconforming use or development.
18-176 Shoreline environment redesignation.
Division 1. Generally
18-161 Purpose and authority.
The city adopts these regulations under the authority of the Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended, and the Shoreline Management Guidelines, Chapter 173-14 WAC. (Ord. No. 90-38, § 1(24.10), 2-27-90; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99)
18-162 Jurisdiction.
(a) The provisions of this article shall apply to all development proposed within the areas defined as “shorelines” in RCW 90.58.030(2)(d), and “shorelines of state-wide significance” in RCW 90.58.030(2)(e). The approximate location of these shorelines shall be designated on maps maintained by the department of community development; however, the property owner or applicant shall be responsible for determining the exact location of the shoreline when a permit is filed.
(b) No development shall be undertaken by any person on the shorelines of the state without obtaining a shoreline permit from the department of community development; provided, that a permit shall not be required for development exempted from the definition of substantial development in WAC 173-27-040 and for developments exempted by RCW 90.58.140(9) and (10). (Ord. No. 90-38, § 1(24.30.10, 24.30.20), 2-27-90; Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99)
18-163 Additional definitions.
Unless otherwise defined in this chapter, the definitions contained in this chapter, Chapter 22 FWCC, Chapter 90.58 RCW, and Chapter 173-26 WAC shall apply.
Access: limited public access means:
(1) Actual physical access from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark, such access being limited to specific groups of people or to certain regularly prescribed times; or
(2) Visual access available to the general public to the shoreline and adjacent water body, such access being specifically provided for in the development of the site.
Access: public access means actual unobstructed access available to the general public from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark.
Average grade level means the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site; provided, that in the case of structures to be built over water, average grade level shall be the elevation or ordinary high water.
Backshore means a berm, together with associated marshes or meadows, on marine shores landward of the ordinary high water mark which is normal above high tide level and has been gradually built up by accretion.
Beach feeding means landfill deposited on land, or in the water, to be distributed by natural water processes for the purpose of supplementing beach material.
Berm means one or several linear mounds of sand and gravel generally paralleling the shore at, or landward of, the ordinary high water mark which are normally stable because of material size or vegetation.
Breakwater means an off-shore structure, either floating or not, which may or may not be connected to the shore, such structure being designated to absorb and/or reflect back into the water body the energy of the waves.
Bulkhead means a solid or open pile of rock, concrete, steel, timber, other materials, or a combination of these materials erected generally parallel to and near the ordinary high water mark for the purpose of protecting adjacent shorelands and uplands from waves or currents.
Class I beach means a beach or shore having dependable, geologically fully developed, and normally dry backshore above high tide.
Class II beach means a beach or shore having only marginally, geologically partially developed, and not dependably dry backshore above high tide.
Class III beach means a beach or shore having no dry backshore available at high tide.
Environment, or master program environment, or shoreline environment means the categories of shorelines of the state established by the city of Federal Way shoreline management master program to differentiate between areas whose features imply differing objectives regarding their use and future development.
Float means a structure or device which is not a breakwater and which is moored, anchored, or otherwise secured in the waters of Federal Way, and which is not connected to the shoreline.
Groin means a barrier type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore.
Jetty means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment.
Littoral drift means the natural movement of sediment along marine or lake shorelines by wave breaker action in response to prevailing winds.
Non-water-oriented uses means those uses which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Examples include professional offices, automobile sales or repair shops, mini-storage facilities, multifamily residential development, department stores, and gas stations.
Stringline setback means a straight line drawn between the points on the primary buildings having the greatest projection (including appurtenant structures such as decks) waterward on the two adjacent properties.
Water-dependent means a use or portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls.
Water-enjoyment means a recreational use, or other use facilitating public access to the shoreline as a primary characteristic of the use; or a use that provides for recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public’s ability to enjoy the physical and aesthetic qualities of the shoreline. In order to qualify as a water-enjoyment use, the use must be open to the general public and the shoreline oriented space within the project must be devoted to the specific aspects of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, piers and other improvements facilitating public access to shorelines of the state; and general water-enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts and mixed-use commercial; provided, that such uses conform to the above water-enjoyment specifications and the provisions of the master program.
Water-oriented means any combination of water-dependent, water-related, and/or water-enjoyment uses and serves as an all-encompassing definition for priority uses under the SMA.
Water-related means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic vitality is dependent upon a waterfront location because:
(1) Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or
(2) The use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include professional services serving primarily water-dependent activities and storage of water-transported foods. (Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99)
Division 2. Shoreline Regulation
18-164 Environmental designations.
(a) Purpose. The purpose of these designations is to differentiate between areas whose geographical, hydrological, topographical, or other features imply differing objectives regarding the use and future development of the shorelines of the city.
Each environment designation represents a particular emphasis in the type of uses and the extent of development that should occur within it. The environmental designation system is designed to encourage uses in each environment that enhance or are compatible with the character of the environment, while at the same time requiring reasonable standards and restrictions on development so that the character of the environment is not adversely impacted.
(b) Names of environment designations. In order to accomplish the purpose of this title, environmental designations have been established to be known as follows:
(1) Natural environment.
(2) Conservancy residential environment.
(3) Rural environment.
(4) Urban environment.
(c) Limits of environment designations. Each environment designation shall consist of:
(1) The entire water body from its centerline or point, including all water below the surface, the land below the water body, the space above the water body, and the shorelands associated with the water body.
(2) The shoreline areas where severe biophysical constraints such as floodplains, steep slopes, slide hazard areas, and wetlands do not cover the entire associated shoreland. Proposed development in the remaining area may be permitted consistent with the character of the surrounding land use, the physical capabilities of the shorelands, and applicable city land use plans and policies.
(d) Establishment of designations.
(1) The written descriptions of the boundaries of the shoreline environment designations as adopted by ordinance in the possession of the department shall constitute the official legal descriptions of the boundaries of those environment designations.
(2) The official maps prepared pursuant to Chapters 173-16 and 173-26 WAC in the possession of the department shall constitute the official descriptions of the limits of all shorelands in the city of Federal Way as defined by RCW 90.58.030 and FWCC 18-163.
(3) The department may, from time to time as new or improved information becomes available, modify the official maps described in subsection (d)(2) of this section consistent with state guidelines to more accurately represent, clarify, or interpret the true limits of the shorelines defined herein.
(e) Location of boundaries.
(1) Boundaries indicated as following streets, highways, roads, and bridges shall be deemed to follow the centerline of such facilities unless otherwise specified.
(2) Boundaries indicated as following railroad lines and transmission lines shall be deemed to follow the centerline of such rights-of-way or easements unless otherwise specified.
(3) Where different environmental designations have been given to a tributary and the main stream at the point of confluence, the environmental designation given to the main stream shall extend for a distance of 200 feet up the tributary.
(4) In case of uncertainty as to a wetland or environment boundary, the director of community development services shall determine its exact location pursuant to the criteria of WAC 173-22-055 and RCW 90.58.030, and the provisions of this chapter. (Ord. No. 98-323, § 3, 12-1-98; Ord. No. 99-355, § 3, 11-16-99)
18-165 Urban environment.
(a) Purpose. The purpose of designating the urban environment is to ensure optimum utilization of the shorelines of the state within urbanized areas by permitting intensive use and by managing development so that it enhances and maintains the shorelines of the state for a multiplicity of urban uses. The urban environment is designed to reflect a policy of increasing utilization and efficiency of urban areas, to promote a more intense level of use through redevelopment of areas now underutilized, and to encourage multiple use of the shorelines of the city if the major use is water-dependent or water-related, while at the same time safeguarding the quality of the environment.
(b) Designation criteria. Designation criteria for the urban environment shall be:
(1) Shorelines of the city used or designated for office and commercial and high intensity recreational use.
(2) Shorelines of the city of lower intensity use, where surrounding land use is urban and urban services are available.
(3) Shorelines of the city used or designated for multifamily residential development.
(4) Shorelines of the city developed for residential purposes and where surrounding land use is urban and urban services are available.
(5) Shorelines of the city to be designated urban environment shall not have biophysical limitations to development such as floodplains, steep slopes, slide hazard areas, and wetlands.
(c) General requirements.
(1) Development waterward of the ordinary high water mark is prohibited except water dependent recreational uses and public utilities.
(2) No structure shall exceed a height of 35 feet above average grade level. This requirement may be modified if the view of any neighboring residences will not be obstructed, if permitted outright by the applicable provisions of the underlying zoning, and if the proposed development is water-related or water-dependent.
(3) All development shall be required to provide adequate surface water retention and sedimentation facilities during the construction period.
(4) Development shall maintain the first 50 feet of property abutting a natural environment as required open space.
(5) Parking facilities, except parking facilities associated with detached single-family development, shall conform to the following minimum conditions:
a. Parking facilities serving individual buildings on the shoreline shall be located landward from the principal building being served, except when the parking facility is within or beneath the structure and adequately screened, or in cases when an alternate location would have less environmental impact on the shoreline.
b. Any outdoor parking area perimeter, excluding entrances and exits, must be maintained as a planting area with a minimum width of five feet.
c. Parking as a primary use shall be prohibited.
d. Parking in shoreline jurisdiction shall directly serve a permitted shoreline use.
e. One live tree with a minimum height of four feet shall be required for each 30 linear feet of planting area.
f. One live shrub of one-gallon container size, or larger, for each 60 linear inches of planting area shall be required.
g. Additional perimeter and interior landscaping of parking areas may be required, at the discretion of the director, when it is necessary to screen parking areas or when large parking areas are proposed.
(6) In addition to any requirements imposed by Chapter 21 FWCC, collection facilities to control and separate contaminants shall be required where stormwater runoff from impervious surfaces would degrade or add to the pollution of recipient waters of adjacent properties.
(7) The regulations of this chapter have been categorized in a number of sections, regardless of the categorization of the various regulations, all development must comply with all applicable regulations.
(d) Residential development. Single-family and multiple-family residential development may be permitted in the urban environment subject to the general requirements of Chapter 22 FWCC, Article XI, Divisions 3 and 4, and the following:
(1) Single-family or multiple-family residential development is permitted in the underlying zone classification.
(2) Residential development is prohibited waterward of the ordinary high water mark.
(3) Setbacks.
a. Single-family residential development shall maintain a minimum setback behind the stringline setback, or 50 feet from the ordinary high water mark, whichever is greater, except in the following cases:
1. If the property is undeveloped and reasonable use of the property cannot occur without further encroachment of the setback due to physical constraints of the lot, then the director of community development services can reduce the setback to the minimum necessary in order to build a single-family home, but in no case less than 30 feet from the ordinary high water mark. For the purposes of this section, “physical constraints” includes but is not limited to that constraint created by the installation and location of a new septic system when public sewer services not available.
2. If the property is developed with a single-family home beyond the stringline setback or within 50 feet of the ordinary high water mark if there are no adjacent residences, then the residence can only be added to if the addition will not make the structure any more nonconforming as to its setback and the height of the addition within the setback area is not increased, or the applicant may request a shoreline variance and conditional use permit.
3. If single-family residential development is proposed on a lot where properties adjacent to both sides of the lot are developed in single-family residences located less than 50 feet from the ordinary high water mark, then the proposed residential development may be located the same distance from the ordinary high water mark as the adjacent residences (using stringline method) or 30 feet from the ordinary high water mark, whichever is greater.
4. If the residential development is proposed on shorelines that include one or more sensitive areas, as defined in Chapter 22 FWCC, such development shall maintain setbacks in accordance with the regulations and procedures set forth in Chapter 22 FWCC, Article XIV.
b. Multifamily residential development shall maintain a setback behind the stringline setback, or 75 feet from the ordinary high water mark, whichever is greater, except in the following cases:
1. If the property is undeveloped and reasonable use of the property cannot occur without further encroachment of the setback due to physical constraints of the lot, then the setback can be reduced to the minimum necessary in order to build a single-family home, but in no case less than 30 feet of the ordinary high water mark.
2. If the property is developed with a single or multifamily structure beyond the stringline setback or within 75 feet of the ordinary high water mark if there are no adjacent single or multifamily structures, then the structure can only be added to if the addition will not make the structure any more nonconforming as to its setback and the height of the addition within the structure is not increased or the applicant may request a shoreline variance and conditional use permit.
3. If the residential development is proposed on shorelines that include one or more sensitive areas, as defined in Chapter 22 FWCC, such development shall maintain setbacks in accordance with regulations and procedures set forth in Chapter 22 FWCC, Article XIV.
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.
(e) Residential piers, moorage, or launching facilities; conditions. Any pier, moorage, float, or launching facility authorized by subsections (d) through (f) of this section shall be subject to the following conditions:
(1) Residential piers are prohibited on the Puget Sound shoreline.
(2) No dwelling unit may be constructed on a pier.
(3) Excavated moorage slips shall not be permitted accessory to single-family residences, multifamily development, or as common use facilities accessory to subdivisions and short subdivisions.
(4) No covered pier, covered moorage, covered float, or other covered structure is permitted waterward of the ordinary high water mark.
(5) No pier, moorage, float, or overwater structure or device shall be located closer than 15 feet from the side property line extended, except that such structures may abut property lines for the common use of adjacent property owners when mutually agreed to by the property owners in a contract recorded with King County, a copy of which must accompany an application for a building permit or a shoreline permit; such joint use piers may be permitted up to twice the surface area allowed by this title.
(6) All piers, moorages, floats, or other such structures shall float at all times on the surface of the water, or shall be of open pile construction, provided no portion of the structure shall, during the course of the normal fluctuations of the elevation of the water body, protrude more than five feet above the surface of the water.
(f) Residential piers, moorage, or launching facilities; accessory to residential development. Piers, moorages, floats, or launching facilities may be permitted accessory to a single-family residence, multifamily development, or as common use facilities associated with a subdivision, in accordance with this chapter and the following limitations:
(1) Private, single-residence piers for the sole use of the property owner shall not be permitted outright on city of Federal Way shorelines.
(2) A pier may be allowed when the applicant has demonstrated a need for moorage and has demonstrated that the following alternatives have been investigated and are not available or feasible:
a. Commercial or marina moorage.
b. Floating moorage buoys.
c. Joint use moorage pier.
No more than one pier for each residence is permitted. On lots with less than 50 feet of waterfront, only joint use piers shall be permitted except when both lots abutting the subject lot have legally established piers then the lot with less than 50 feet of waterfront may be permitted an individual pier.
(3) Multiple-family residence piers and piers associated with a subdivision as a common use facility shall not exceed the following:
a. No more than one pier for each 100 feet of shoreline associated with the multifamily development, subdivision, or short subdivision is permitted.
b. The total number of moorage spaces shall be limited to one moorage space for every two dwelling units in the multifamily development, subdivision, or short subdivision.
(4) Pier and moorage size.
a. The maximum waterward intrusion of any portion of any pier shall be 36 feet, or the point where the water depth is 13 feet below the ordinary high water mark, whichever is reached first, provided:
1. If a pier is a common use pier associated with a multiple-family development or subdivision, this intrusion may be increased four feet for each additional moorage space over six moorage spaces to a maximum of 76 feet.
b. The maximum width of each pier shall be eight feet.
c. No float shall have more than 100 square feet of surface area.
d. The total surface area of piers, moorages, floats, and/or launching facilities, or any combination thereof, associated with a single-family residence shall not exceed 500 square feet.
e. No pier, including finger pier, moorage, float, or over water structure or device, shall be wider than 25 percent of the lot with which it is associated.
(5) Moorage piles. Moorage piles not constructed in conjunction with a pier are limited by the following conditions:
a. All piles shall be placed so as to not constitute a hazard to navigation.
b. No pile shall be placed more than 80 feet waterward of the ordinary high water mark.
c. All moorage piles shall be placed in a water depth not to exceed 13 feet below the ordinary high water mark.
d. No more than two moorage piles per residence are permitted.
(6) Launching ramps and lift stations require a shoreline conditional use permit and are limited by the following conditions:
a. No portion of a launching ramp or lift station shall be placed more than 60 feet waterward of the ordinary high water mark.
b. All portions of a launching ramp or lift station shall be placed at a depth not to exceed eight feet below the ordinary high water mark.
c. Launching rails or ramps shall be anchored to the ground through the use of tie-type construction. Asphalt, concrete, or other ramps which solidly cover the water body bottom are prohibited.
d. No more than one launching rail per single-family residence is permitted, and no more than two common use launching ramps for each 100 feet of shoreline associated with a multifamily development, short subdivision, or subdivision.
(7) Floats are limited under the following conditions:
a. One float per single-family residence, multifamily development, short subdivision, or subdivision is permitted.
b. No portion of a float shall be placed more than 36 feet waterward of the ordinary high water mark.
c. Retrieval lines shall not float at or near the surface of the water.
d. No float shall have more than 100 square feet of surface area.
(g) Utilities. Utility facilities may be permitted in the urban environment subject to the requirements of this chapter, provided:
(1) Utility and transmission facilities shall:
a. Avoid disturbance of unique and fragile areas.
b. Avoid disturbance of wildlife spawning, nesting, and rearing areas.
c. Overhead utility facilities shall not be permitted in public parks, monuments, scenic, recreation, or historic areas.
(2) Utility distrib