Fircrest City Zoning Code

Protect members of the public and public resources and facilities from injury, loss of life, or property damage due to landslides and steep slope failures, erosion, seismic events, or flooding;

Maintain healthy, functioning ecosystems through the protection of unique, fragile, and valuable elements of the environment, including ground and surface waters, wetlands, and fish and wildlife and their habitats, and to conserve the biodiversity of plant and animal species;

Direct activities not dependent on critical areas resources to less ecologically sensitive sites and mitigate unavoidable impacts to critical areas by regulating alterations in and adjacent to critical areas; and

Prevent cumulative adverse environmental impacts to water quality, wetlands, and fish and wildlife habitat, and the overall net loss of wetlands, frequently flooded areas, and habitat conservation areas.

Wetlands as designated in Chapter 22.93 FMC;

Critical aquifer recharge areas as designated in Chapter 22.94 FMC;

Frequently flooded areas as designated in Chapter 22.99 FMC;

Fish and wildlife habitat conservation areas as designated in Chapter 22.97 FMC; and

Geologically hazardous areas as designated in Chapter 22.100 FMC.

On a site immediately adjoining a critical area;

A distance equal to or less than the required critical area buffer width and building setback;

A distance equal to or less than 800 feet from a bald eagle nest;

A distance equal to or less than 300 feet upland from a stream, wetland, or water body; or

Within the floodway, floodplain, or channel migration zone.

Peer Review. The information has been critically reviewed by other persons who are qualified scientific experts in that scientific discipline. The proponents of the information have addressed the criticism of the peer reviewers. Publication in a refereed scientific journal usually indicates that the information has been appropriately peer-reviewed;

Methods. The methods used to obtain the information are clearly stated and reproducible. The methods are standardized in the pertinent scientific discipline or, if not, the methods have been appropriately peer-reviewed to ensure their reliability and validity;

Logical Conclusions and Reasonable Inferences. The conclusions presented are based on reasonable assumptions supported by other studies and consistent with the general theory underlying the assumptions. The conclusions are logically and reasonably derived from the assumptions and supported by the data presented. Any gaps in information and inconsistencies with other pertinent scientific information are adequately explained;

Quantitative Analysis. The data have been analyzed using appropriate statistical or quantitative methods;

Context. The information is placed in proper context. The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge; and

References. The assumptions, analytical techniques, and conclusions are well-referenced with citations to relevant, credible literature and other pertinent existing information.

Anecdotal Information. One or more observations that are not part of an organized scientific effort (for example, "I saw a bald eagle in that area while I was hiking");

Non-Expert Opinion. Opinion of a person who is not a qualified scientific expert in a pertinent scientific discipline (for example, "I do not believe there are bald eagles in that area"); and

Hearsay. Information repeated from communication with others (for example, "At a lecture last week, Dr. Jones said there were no bald eagles in that area").

Take a "precautionary" or a "no-risk approach," that strictly limits development and land use activities until the uncertainty is sufficiently resolved; and

Require application of an effective adaptive management program that relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. An adaptive management program shall:

Emergencies. Those activities necessary to prevent an immediate threat to public health, safety, or welfare, or that pose an immediate risk of damage to private property and that require remedial or preventative action in a timeframe too short to allow for compliance with the requirements of these chapters.

Emergency actions that create an impact to a critical area or its buffer shall use reasonable methods to address the emergency; in addition, they must have the least possible impact to the critical area or its buffer. The person or agency undertaking such action shall notify the city within one working day following commencement of the emergency activity. Within 30 days, the director shall determine if the action taken was within the scope of the emergency actions allowed in this subsection. If the director determines that the action taken, or any part of the action taken, was beyond the scope of an allowed emergency action, then enforcement provisions of FMC § 22.92.290 shall apply.

After the emergency, the person or agency undertaking the action shall fully fund and conduct necessary restoration and/or mitigation for any impacts to the critical area and buffers resulting from the emergency action in accordance with an approved critical area report and mitigation plan. The person or agency undertaking the action shall apply for review, and the alteration, critical area report, and mitigation plan shall be reviewed by the city in accordance with the review procedures contained herein. Restoration and/or mitigation activities must be initiated within one year of the date of the emergency, and completed in a timely manner;

Operation, Maintenance, or Repair. Operation, maintenance, or repair of existing structures, infrastructure improvements, utilities, public or private roads, dikes, levees, or drainage systems, that do not require construction permits, if the activity does not further alter or increase the impact to, or encroach further within, the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation, maintenance, or repair. Operation and maintenance includes vegetation management performed in accordance with best management practices that is part of ongoing maintenance of structures, infrastructure, or utilities; provided, that such management actions are part of regular and ongoing maintenance, do not expand further into the critical area, are not the result of an expansion of the structure or utility, and do not directly impact an endangered or threatened species;

Passive Outdoor Activities. Recreation, education, and scientific research activities that do not degrade the critical area, including fishing, hiking, and bird watching. Trails must be constructed pursuant to the public and private pedestrian trails standards specified in FMC § 22.92.110(c)(5);

Forest Practices. Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practices regulations, WAC Title 222;

Construction within Previously Approved Planned Developments. Construction or reconstruction of a single-family, duplex or condominium unit on a lot that was platted or approved within a planned development subsequent to the city's adoption of interim critical areas regulations in 1993 and prior to the effective date of the ordinance codified in this chapter, provided such unit is constructed in accordance with all applicable critical areas regulations in effect at the time of platting or approval; and

Structural Modification of, Additions to, or Replacement of, Existing Residential Structures. Structural modification of, additions to, or replacement of, existing principal residential structures lawfully established prior to the effective date of the ordinance codified in this chapter that do not meet the critical area buffer or building setback requirements; provided, that:

There is no other practical alternative to the proposed development with less impact on the critical areas;

The application of the critical areas chapter would unreasonably restrict the ability to provide utility services to the public;

The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

The proposal attempts to protect and mitigate impacts to the critical area functions and values consistent with the best available science; and

The proposal is consistent with other applicable regulations and standards.

All proposed activities will be conducted using the best management practices adopted by the city, as described in FMC § 22.92.110(b).

The application of the critical areas chapters would deny all reasonable economic use of the property;

No other reasonable economic use of the property has less impact on the critical area;

The proposed impact to the critical area is the minimum necessary to allow for reasonable economic use of the property;

The inability of the applicant to derive reasonable economic use of the property is not the result of actions by the applicant, or its predecessor, after the effective date of the critical area chapters;

The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site; and

The proposal will result in no net loss of critical area functions and values consistent with the best available science.

All proposed activities will be conducted using best available management practices adopted by the city, as described in FMC § 22.92.110(b).

Permit Requests Subsequent to Previous Critical Area Review. Development permits and approvals that involve both discretionary land use approvals (such as subdivisions, rezones, or conditional use permits), and construction approvals (such as building permits) if all of the following conditions have been met:

Modification to Existing Structures. Structural modification of, addition to, or replacement of an existing legally constructed structure that does not further alter or increase the impact to the critical area or buffer and there is no increased risk to life or property as a result of the proposed modification or replacement; provided, that restoration of structures substantially damaged by fire, flood, or act of nature must be initiated within one year of the date of such damage, as evidenced by the issuance of a valid building permit, and diligently pursued to completion;

Activities within the Improved Right-of-Way. Replacement, modification, installation, or construction of utility facilities, lines, pipes, mains, equipment, or appurtenances, not including substations, when such facilities are located within the improved portion of the public right-of-way or a city-authorized private roadway except those activities that alter a wetland or watercourse, such as culverts or bridges, or result in the transport of sediment or increased stormwater, subject to the following:

Minor Utility Projects. Utility projects that have minor or short-duration impacts to critical areas, as determined by the director in accordance with the criteria below, and that do not significantly impact the function or values of a critical area(s); provided, that such projects are constructed with best management practices and additional restoration measures are provided. Minor activities shall not result in the transport of sediment or increased stormwater. Such allowed minor utility projects shall meet the following criteria:

Public and Private Pedestrian Trails. Public and private pedestrian trails, subject to the following:

Select Vegetation Removal Activities. The following vegetation removal activities; provided, that no vegetation shall be removed from a critical area or its buffer without approval from the director:

Chemical Applications. The application of herbicides, pesticides, organic or mineral-derived fertilizers, or other hazardous substances, if necessary, as approved by the city; provided, that their use shall be restricted in accordance with State Department of Fish and Wildlife management recommendations and the regulations of the State Department of Agriculture, the State Department of Ecology, and the U.S. Environmental Protection Agency;

Minor Site Investigative Work. Work necessary for land use submittals, such as surveys, soil logs, percolation tests, and other related activities, where such activities do not require construction of new roads or significant amounts of excavation. In every case, impacts to the critical area shall be minimized and disturbed areas shall be immediately restored; and

Boundary Markers. Construction or modification of boundary markers.

Verify the information submitted by the applicant;

Evaluate the project area and vicinity for critical areas;

Determine whether the proposed project is likely to impact the functions or values of critical areas; and

Determine if the proposed project adequately addresses the impacts and avoids impacts to the critical area associated with the project.

Require a critical area report from the applicant that has been prepared by a qualified professional;

Review and evaluate the critical area report;

Determine whether the development proposal conforms to the purposes and performance standards of the applicable critical areas chapters, including the review criteria in FMC § 22.92.230;

Assess the potential impacts to the critical area and determine if they can be avoided or minimized; and

Determine if any mitigation proposed by the applicant is sufficient to protect the functions and values of the critical area and public health, safety, and welfare concerns consistent with the goals, purposes, objectives, and requirements of the applicable critical areas chapters.

Decision Indicators. The director may use the following indicators to assist in determining the need for a critical area report:

No Critical Areas Present. If after a site visit the director's analysis indicates that the project area is not within or adjacent to a critical area or buffer and that the proposed activity is unlikely to degrade the functions or values of a critical area, then the director shall rule that the critical area review is complete and note on the identification form the reasons that no further review is required. A summary of this information shall be included in any staff report or decision on the underlying permit.

Critical Areas Present, But No Impact – Waiver. If the director determines that there are critical areas within or adjacent to the project area, but that the best available science shows that the proposed activity is unlikely to degrade the functions or values of the critical area, the director may waive the requirement for a critical area report. A waiver may be granted if there is substantial evidence that all of the following requirements will be met:

Critical Areas May Be Affected by Proposal. If the director determines that a critical area or areas may be affected by the proposal, then the director shall notify the applicant that a critical area report must be submitted prior to further review of the project, and indicate each of the critical area types that should be addressed in the report.

The name and contact information of the applicant, a description of the proposal, and identification of the permit requested;

A copy of the site plan for the development proposal including:

The dates, names, and qualifications of the persons preparing the report and documentation of any fieldwork performed on the site;

Identification and characterization of all critical areas, wetlands, water bodies, and buffers adjacent to the proposed project area;

A statement specifying the accuracy of the report, and all assumptions made and relied upon;

An assessment of the probable cumulative impacts to critical areas resulting from development of the site and the proposed development;

An analysis of site development alternatives including a no development alternative;

A description of reasonable efforts made to apply mitigation sequencing pursuant to FMC § 22.92.190 to avoid, minimize, and mitigate impacts to critical areas;

Plans for adequate mitigation, as needed, to offset any impacts, in accordance with FMC § 22.92.200, including, but not limited to:

A discussion of the performance standards applicable to the critical area and proposed activity;

Financial guarantees to ensure compliance; and

Any additional information required for the critical area as specified in the corresponding chapter.

The applicant, with assistance from the city, cannot obtain permission to access properties adjacent to the project area; or

The proposed activity will affect only a limited part of the subject site.

Historical data, including original and subsequent mapping, aerial photographs, data compilations and summaries, and available reports and records relating to the site or past operations at the site;

Grading and drainage plans; and

Information specific to the type, location, and nature of the critical area.

A description of the anticipated impacts to the critical areas and the mitigating actions proposed and the purposes of the compensation measures, including the site selection criteria; identification of compensation goals; identification of resource functions; and dates for beginning and completion of site compensation construction activities. The goals and objectives shall be related to the functions and values of the impacted critical area;

A review of the best available science supporting the proposed mitigation and a description of the report author's experience to date in restoring or creating the type of critical area proposed; and

An analysis of the likelihood of success of the compensation project.

The proposed construction sequence, timing, and duration;

Grading and excavation details;

Erosion and sediment control features;

A planting plan specifying plant species, quantities, locations, size, spacing, and density; and

Measures to protect and maintain plants until established.

Creation or enhancement of a larger system of critical areas and open space is preferable to the preservation of many individual habitat areas;

The group demonstrates the organizational and fiscal capability to act cooperatively;

The group demonstrates that long-term management of the habitat area will be provided; and

There is a clear potential for success of the proposed mitigation at the identified mitigation site.

The proposal minimizes the impact on critical areas in accordance with the mitigation sequencing order specified in FMC § 22.92.190;

The proposal does not pose an unreasonable threat to the public health, safety, or welfare on or off the development proposal site;

The proposal is consistent with the general purposes of the applicable critical areas chapters and the public interest;

Any alterations permitted to the critical area are mitigated in accordance with FMC § 22.92.180;

The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values; and

The proposal is consistent with other applicable regulations and standards.

A literal interpretation of the provisions of this chapter would deprive the applicant of all reasonable economic uses and privileges permitted to other properties in the vicinity and zone of the subject property under the terms of this chapter, and the variance requested is the minimum necessary to provide the applicant with such rights;

The granting of the variance is consistent with the general purpose and intent of this chapter, and will not further degrade the functions or values of the associated critical areas; and

The decision to grant the variance includes the best available science and gives special consideration to conservation or protection measures necessary to preserve or enhance anadromous fish habitat.

For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:

For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified:

Within a recorded easement or right-of-way;

Where the agency or utility has been adjudicated the right to an easement or right-of-way; or

On the site of a permanent public facility.

All landslide hazard areas and buffers;

All wetlands and buffers;

All habitat conservation areas; and

All other lands to be protected from alterations as conditioned by project approval.

An assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and

The right of the city to enforce the terms of the restriction.

All landslide hazard areas and buffers;

All wetlands and buffers;

All habitat conservation areas; and

All other lands to be protected from alterations as conditioned by project approval.

An assurance that native vegetation will be preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering, and protecting plants, fish, and animal habitat; and

The right of the city to enforce the terms of the restriction.