Chapter 14.25
ENVIRONMENTAL POLICY STATEMENT

Sections:

14.25.020    Use of existing environmental documents.

14.25.030    Compliance with State Environmental Policy Act – Adoption by reference.

14.25.040    State Environmental Policy Act decisions – Adoption by reference.

14.25.050    State Environmental Policy Act decisions – Forwarding recommendations.

14.25.060    State Environmental Policy Act decisions – Substantive authority.

14.25.070    State Environmental Policy Act policies.

14.25.020 Use of existing environmental documents.

The city adopts the following sections of Chapter 197-11 WAC as now existing or amended by reference:

WAC

197-11-600    When to use existing environmental documents.

197-11-610    Use of NEPA documents.

197-11-620    Supplemental environmental impact statement – Procedures.

197-11-625    Addenda – Procedures.

197-11-630    Adoption – Procedures.

197-11-635    Incorporation by reference –Procedures.

197-11-640    Combining documents.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 90-40, § 1(20.190), 2-27-90. Code 2001 § 18-117.)

14.25.030 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 title:

WAC

197-11-900    Purpose of this part.

197-11-902    Agency State Environmental Policy Act policies.

197-11-916    Application to ongoing actions.

197-11-920    Agencies with environmental expertise.

197-11-922    Lead agency rules.

197-11-924    Determining the lead agency.

197-11-926    Lead agency for governmental proposals.

197-11-928    Lead agency for public and private proposals.

197-11-930    Lead agency for private projects with one agency with jurisdiction.

197-11-932    Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city.

197-11-934    Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies.

197-11-936    Lead agency for private projects requiring licenses from more than one state agency.

197-11-938    Lead agencies for specific proposals.

197-11-940    Transfer of lead agency status to a state agency.

197-11-942    Agreements on lead agency status.

197-11-944    Agreements on division of lead agency duties.

197-11-946    Department of Ecology resolution of lead agency disputes.

197-11-948    Assumption of lead agency status.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 90-40, § 1(20.270), 2-27-90. Code 2001 § 18-118.)

14.25.040 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:

WAC

197-11-650    Purpose of this part.

197-11-655    Implementation.

197-11-660    Substantive authority and mitigation.

197-11-680    Appeals.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 90-40, § 1(20.200), 2-27-90. Code 2001 § 18-119.)

14.25.050 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. 04-468, § 3, 11-16-04; Ord. No. 90-40, § 1(20.210), 2-27-90. Code 2001 § 18-120.)

14.25.060 State Environmental Policy Act decisions – Substantive authority.

(1) The city may attach conditions to a permit or approval for a proposal so long as:

(a) Such conditions are necessary to mitigate specific adverse environmental impacts clearly identified in an environmental document prepared under this title;

(b) Such conditions are in writing;

(c) Such conditions are reasonable and capable of being accomplished;

(d) The city has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

(e) Such conditions are based on one or more policies in FWRC 14.25.070 and are cited in the permit, approval, license or other decision document.

(2) The city may deny a permit or approval for a proposal on the basis of the State Environmental Policy Act so long as:

(a) 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;

(b) A finding is made that reasonable mitigation measures are insufficient to mitigate an identified impact; and

(c) The denial is based on one or more policies identified in FWRC 14.25.070 and identified in writing in the decision document.

(Ord. No. 04-468, § 3, 11-16-04; Ord. No. 90-40, § 1(20.220.10, 20.220.20), 2-27-90. Code 2001 § 18-121.)

14.25.070 State Environmental Policy Act policies.

(1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the city.

(2) The city designates and adopts by reference the policies in this section as the basis for the city’s exercise of authority under this chapter. The city shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

(a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(b) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences;

(d) Preserve important historic, cultural, and natural aspects of our national heritage;

(e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

(g) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(3) The city recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

(4) The city adopts by reference the following city codes, ordinances, resolutions, plans and policies as now exist or as may hereinafter be amended or superseded:

(a) The Federal Way Comprehensive Plan;

(b) The Federal Way Revised Code and documents adopted by reference therein, including without limitation the following titles:

(i) Zoning (FWRC Title 19) and the official zoning map;

(ii) Subdivisions (FWRC Title 18);

(iii) Surface and Stormwater Management (FWRC Title 16);

(iv) Shoreline Regulation and the Shoreline Management Master Program (FWRC Title 15);

(v) Methods to Mitigate Development Impacts (FWRC Title 19, Division III); and

(vi) Solid Waste (FWRC Title 11);

(c) The Shoreline Management Guide Book (DOE);

(d) The Washington State Flood Reduction Plan (1993 DCD);

(e) Ordinances relating to surface water runoff and surface water management;

(f) The Lakehaven Utility District Comprehensive Sewer System Plan;

(g) The Lakehaven Utility District Comprehensive Water System Plan;

(h) The Federal Way Comprehensive Parks, Recreation, and Cultural Services Plan;

(i) The Federal Way Fire Department Long Range Plan;

(j) The Federal Way School District Number 210 Capital Facilities Plan;

(k) The Code of the King County Board of Health;

(l) The Executive Proposed Basin Plan Hylebos Creek and Lower Puget Sound, King County Surface Water Management, July 1991;

(m) The King County County-Wide Planning Policies, to the extent currently adopted by the Federal Way city council, and as may be adopted hereafter;

(n) The 2001 King County Final Comprehensive Solid Waste Management Plan;

(o) The Federal Way Comprehensive Surface Water Management Plan;

(p) Washington State Shoreline Management Act of 1971;

(q) The Puget Sound Water Quality Management Plan;

(r) The King County Division of Parks and Recreation Play Area Design and Inspection Handbook;

(s) The Sea-Tac International Airport Impact Mitigation Study, February 1997, prepared by Hellmuth, Obata and Kassabaum, Inc., and Raytheon Infrastructure Services, Inc., under a grant from the state of Washington;

(t) The Washington State Department of Transportation Pavement Guide, February 1995;

(u) The Highway Capacity Manual, Special Report 209, Transportation Research Board, 1997;

(v) The Institute of Transportation Engineers, Trip Generation, 5th Edition, 1991;

(w) The King County Surface Water Design Manual (KCSWDM) and the Federal Way Addendum to the KCSWDM;

(x) The Stormwater Management Manual for the Puget Sound Basin, Washington State Department of Ecology, August 2001;

(y) The King County Stormwater Pollution Prevention Manual and Best Management Practices (BMP manual);

(z) The January 2002 URS Federal Way Stream Inventory; and

(aa) Planning documents not specifically listed above but referenced in the environmental analysis of the city’s comprehensive plan.

(Ord. No. 09-630, § 4, 10-20-09; Ord. No. 09-619, § 3, 7-21-09; Ord. No. 04-468, § 3, 11-16-04; Ord. No. 00-365, § 3, 3-7-00; Ord. No. 95-246, § 2, 11-21-95; Ord. No. 93-202, § 1, 12-21-93; Ord. No. 93-184, § 1, 8-17-93; Ord. No. 92-140, § 3, 6-2-92; Ord. No. 92-137, § 1, 5-5-92; Ord. No. 92-136, § 3, 4-21-92; Ord. No. 92-130, § 3, 3-17-92; Ord. No. 91-114, § 3, 12-3-91; Ord. No. 91-109, § 2, 9-17-91; Ord. No. 90-40, § 1(20.230.10, 20.230.20), 2-27-90. Code 2001 § 18-122.)