ORD 09-594
ORDINANCE NO. 09-594
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, RELATING TO LAND USE PROCESSES, ADDING
SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 5, 14,15,18, 19, AND 22 OF THE FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and land use process regulations can be simplified
and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of land use processes;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION I. Chapter 5, Article I, Section 5-6, of the Federal Way City Code shall be amended to
read as follows:
5-6 Appeals.
Any appeals of any decision rendered pursuant to this chapter, except decisions pertammg to
enforcement of this chapter, shall be made to a hearing examiner appointed by the city. Procedural rules
concerning appeals shall be as provided in process Hl-IV of Chapter 22 FWCC, Zoning. (Ord. No. 92-
127, S 11,2-4-92; Ord. No. 95-234, S 1,6-6-95; Ord. No. 98-320, S 3, 9-15-98; Ord. No. 99-342, S 6, 5-
4-99)
Ordinance No 09-594
Page I of 68
SECTION 2. Chapter 5, Article II, Section 5-41, of the Federal Way City Code is hereby repealed as
follows:
5 41 Appeals.
Appeals made from any ruling under this article, except rulings or decisions pertaInIng to
enforcement of this article, shall be pursuant to F\VCC ti. (Ord. No. 90 33, ~ 66, 2 13 90; Ord. No. 92
127, ~ 4,2 1 92; Ord. No. 95 231, ~ 1,6695; Ord. No. 98 320, ~ 5,9 15 98; Ord. No. 99 312, ~ 6,5 1
99j
SECTION 3. Chapter 5, Article V, Section 5-91, of the Federal Way City Code is hereby repealed as
follows:
5 91l\ppeals.
,\ppeals made from any ruling under this article, except rulings or decisions pertaInIng to
enforcement of this article, shall be pursuant to FWCC ti. (Ord. No. 95 234, ~ 1, 6 6 95; Ord. No. 98
320, ~ 8,9 15 98; Ord. No. 99 312, ~ 6,5 1 99)
SECTION 4. Chapter 5, Article VI, Section 5-143, of the Federal Way City Code is hereby repealed
as follows:
5-143 Appeals.
,^.ppeals made from any ruling under this article, except rulings or decisions pertaInIng to
enforcement of this article, shall be pursuant to FWCC ti. (Ord. No. 92 127, ~ 12,2 1 92; Ord. No. 95
231, ~ 1,6695; Ord. No. 98 320, ~ 9,91598; Ord. No. 99 342, ~ 6,5199)
SECTION 5. Chapter 5, Article VII, Section 5-167, of the Federal Way City Code is hereby repealed
as follows:
5-167 Appeals.
,^.ppeals made from any ruling under this article, except rulings or decisions pertaInIng to
enforcement of this article or any of the codes adopted hereunder, shall be pursuant to FWCC ti. (Ord.
No. 98 320, ~ 10,9 15 98; Ord. No. 99 312, ~ 6,5 1 99)
SECTION 6. Chapter 5, Article VIII, Section 5-220, of the Federal Way City Code shall be amended
to read as follows:
5-220 Satisfactory alternate.
Notwithstanding any precise requirements of this article, the building official may approve alternate
methods of protection and construction and maintenance of swimming pools, provided such alternate
methods meet the same essential surety requirements of this article, and it can be demonstrated that such
alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical
to meet the precise requirements of this article. Any person who seeks to obtain approval of any such
alternate and who is denied approval by the building official may appeal pursuant to FWCC 5-6. fl:i.s--.eF
her decision to a hearing examiner appointed by the city for such purpose by filing a notice of appeal with
Ordinance No 09-594
Page 2 of 68
the city clerk stating the grounds for the appeal and requesting a hearing to review the decision by the
building official. The procedure for such appeal shall be as provided in process I of Chapter 22 FWCC,
Zoning. (Ord. No. 90-56, S 6, 5-1-90; Ord. No. 95-234, S 1, 6-6-95)
SECTION 7. Chapter 5, Article VIII, Section 5-226, of the Federal Way City Code is hereby repealed
as follows:
5 226 ,A.ppeals.
Appeals made from any ruling under this article, except rulings or decisions pertammg to
enforcement of this article, shall be pursuant to F'NCC ~. (Ord. No. 92 127, ~ 9,2 1 92; Ord. No. 95
234, ~ 1,6695; Ord. No. 99 312, ~ 6,5 1 99)
SECTION 8. Chapter 5, Article IX, Section 5-259, of the Federal Way City Code is hereby repealed
as follows:
5 259 l\ppeal proeess.
i\ny appeals of any decision rendered pursuant to this articlc shall be made to a hearing examiner
appointed by the city. Procedural rules concerning appeals shall be as provided in process I of Chapter 22
FWCC, Zoning. (Ord. No. 95 231, ~ 1,6 6 95)
SECTION 9. Chapter 14, Article IV, Section 14-137, of the Federal Way City Code shall be amended
to read as follows:
14-137 Appeal to hearing examiner.
Any taxpayer aggrieved by the amount of the fee or tax determined by the director to be due under the
provisions of this chapter may appeal such determination to the city hearing examiner as provided in
process IV of Chapter 22 FWCC, Zoning. in accordance v/ith, and subject to the procedures set forth in,
FWCC 22 131 through 22 160 pursuant to Process II ,^.ppeal Procedures. Pending a hearing, a taxpayer
may withhold the fee or tax determined by the director. If the tax or fee is withheld, the taxpayer shall pay
such amount to the city with interest from the date the amount was withheld. The director shall
periodically set the applicable interest rate for withholding. (Ord. No. 02-432, S 1, 11-19-02)
SECTION 10. Chapter 14, Article V, Section 14-186, of the Federal Way City Code shall be
amended to read as follows:
14-186 Appeal to hearing examiner.
Any taxpayer aggrieved by the amount of the fee or tax determined by the designated official to be
due under the provisions of this chapter may appeal such determination to the city hearing examiner as
provided in process IV of Chapter 22 FWCC, Zoning. in accordance \-'lith, and subject to the procedures
set forth in, FWCC ~ through 22 160 pursuant to process II appeal procedures. Pending a hearing, a
taxpayer may withhold the fee or tax determined by the designated official. If the tax or fee is withheld,
the taxpayer shall pay such amount to the city with interest from the date the amount was withheld. The
designated official shall periodically set the applicable interest rate for withholding. (Ord. No. 95-257, S
1,12-19-95; Ord. No. 96-262, S 1,2-20-96)
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SECTION 11. Chapter 14, Article VII, Section 14-238, of the Federal Way City Code shall be
amended to read as follows:
14-238 Extension of conditional certificate- Required findings - Denial- Appeal.
(a) The conditional certificate may be extended by the director for a period not to exceed 24
consecutive months. The owner shall submit a written request stating the grounds for the extension
together with a fee of $150.00 for the city's administrative cost to process the request. The director may
grant an extension if the director finds that:
(1) The anticipated failure to complete construction within the required time period is due to
circumstances beyond the control of the owner; and
(2) The owner has been acting, and could reasonably be expected to continue to act, in good faith
and with due diligence; and
(3) All the conditions of the original contract between the owner and the city will be satisfied
upon completion of the project.
(b) If an extension is denied, the director shall state in writing the reason for denial and shall send
notice to the owner's last known address within 10 calendar days of the denial. An owner may appeal the
denial of an extension to the hearing examiner as provided in process IV of Chapter 22 FWCC, Zoning.
by filing a notice of appeal with the city clerk within 11 calendar days after issuance of the notice of the
denial. The appeal before the hearing examiner shall follow the provisions of FWCC ~ through R.
:!ili1. The hearing examiner's decision shall be the final decision of the city, and is not subject to further
appeal. (Ord. No. 03-438, S 2, 2-18-03)
SECTION 12. Chapter 14, Article VII, Section 14-239, of the Federal Way City Code shall be
amended to read as follows:
14-239 Final certificate- Application - Issuance - Denial- Appeal.
(a) Upon completion of the construction as provided in the contract between the owner and the city,
and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no
temporary certificate is issued, the owner may request a final certificate of tax exemption. The owner
shall file with the director such information as the director may deem necessary or useful to evaluate
eligibility for the final certificate, which shall at a minimum include:
(1) A statement of expenditures made with respect to each multifamily housing unit and the total
expenditures made with respect to the entire property;
(2) A description of the completed work and a statement of qualification for the exemption;
(3) A statement that the work was completed within the required three-year period or any
approved extension.
(b) At the time of application for final certificate under this section, the owner shall pay to the city a
fee of $50.00 to cover the city's administrative costs.
(c) Within thirty days of receipt of all materials required for a final certificate, the director shall
determine whether the completed work is consistent with the contract between the city and owner,
whether all or a portion of the completed work is qualified for exemption under this article and, if so,
which specific improvements satisfy the requirements of this article.
(d) If the director determines that the project has been completed in accordance with the contract
between the owner and the city and the requirements of this article, the city shall file a final certificate of
tax exemption with the assessor within 10 days of the expiration of the 30-day period provided under
subsection (c) of this section.
(e) The director is authorized to cause to be recorded, or to require the owner to record, in the real
property records of the King County department of records and elections, the contract with the city
Ordinance No 09-594
Page 4 of 68
required under FWCC 14-236, or such other document(s) as will identify such terms and conditions of
eligibility for exemption under this article as the director deems appropriate for recording.
(f) The director shall notify the owner in writing that the city will not file a final certificate if the
director determines that the project was not completed within the required three-year period or any
approved extension, or was not completed in accordance with the contract between the owner and the city
and the requirements of this article, or the owner's property is otherwise not qualified for the limited
exemption under this article.
(g) The owner may appeal the director's decision to the hearing examiner as provided in process IV
of Chapter 22 FWCC, Zoning. by filing a notice of appeal with the city clerk '.vithin 11 calendar days
after issuance of the notice of the denial. The appeal before the hearing examiner shall follow the
provisions for appeal contained in FWCC 22 397 through ~. The owner may appeal the hearing
examiner's decision to the King County superior court according to the procedures contained in RCW
34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within 30 days of notification by the city
to the owner of the decision. (Ord. No. 03-438, S 2, 2-18-03)
SECTION 13. Chapter 14, Article VII, Section 14-241, of the Federal Way City Code shall be
amended to read as follows:
14-241 Cancellation oftax exemption- Appeal.
(a) If at any time the director determines that the property no longer complies with the terms of the
contract or with the requirements of this article, or the use of the property is changed or will be changed
to a use that is other than residential, or the property for any reason no longer qualifies for the tax
exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed
pursuant to state law.
(b) If the owner intends to convert the multifamily housing to another use, the owner must notify the
director and the King County assessor within 60 days of the change in use. Upon such change in use, the
tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law.
(c) Upon determining that a tax exemption shall be canceled, the director shall notify the property
owner by certified mail, return receipt requested. The property owner may appeal the determination as
provided in process IV of Chapter 22 FWCC, Zoning. by filing a notice of appeal with the city clerk,
within 30 days after issuance of the decision by the director, specifying the factual and legal basis for the
appeal. The appeal befme the hearing examiner shall follow the procedures set forth in FWCC 22 397
through 22 '106. ,^.t the appeal hearing, all affected parties may be heard and all competent eyidence
received. The hearing examiner shall affirm, modify, or repeal the decision to cancel the exemption based
on the evidence received. The hearing examiner shall gi',e substantial weight to the director's decision to
cancel the exemption, and the burden of proof and the burden of overcoming the weight accorded to the
director's decision shall be upon the appellant. ;\n aggrieved party may appeal the hearing examiner's
decision to the King County superior court in accordance "'lith the procedures in RCW 31.05.510 through
31.05.598, as provided in RCW 81.11.110(2), within 30 days after issuance of the decision of the hearing
examiner. (Ord. No. 03-438, S 2, 2-18-03)
SECTION 14. Chapter 15, Article VII, Section 15-212, of the Federal Way City Code s~all be
amended to read as follows:
15-212 Appeals of administrative decisions.
tat Appeal of final decisions. Employers may file a written appeal of the city's final decisions
regarding the following actions:
(1) Rejection of an employer's proposed program.
Ordinance No 09-594 Page 5 of 68
(2) Denial of an employer's request for an exemption or modification of any of the requirements
under this article or a modification of the employer's program.
(3) Denial of credits requested under FWCC 15-210.
Such appeals shall be conducted as provided for in process IV of Chapter 22 FWCC, Zoning. must be
filed '.'lith the city within 20 days after the employer receives notice of a final decision. All appeals will be
filed and heard by the city's hearing examiner and decided pursuant to the provisions of Chapter n
FWCC, Zoning, l\rticle VI, Process I. The hearing examiner shall determine whether or not the appealed
decision was consistent with RCW 70.94. (Ord. No. 93-164, S 1(18.30.120), 1-19-93)
SECTION 15. Chapter 18, Article II, Section 18-51, of the Federal Way City Code shall be amended
to read as follows:
18-51 Administrative appeals.
(aU Any interested party may appeal to the hearing examiner a threshold determination, er-tfle f!
determination of the adequacy of a final environmental impact statement, and the conditioning or denial
of an action. No more than one appeal may occur regarding threshold determinations or final
environmental impact statements and the appeal shall consolidate any appeals of procedural and
substantive determinations under SEP A with any hearing or appeal on the underlying action in a single
simultaneous hearing before one hearing officer, except that appeals of a determination of significance;
appeals of a procedural determination made by an agency when the agency is the project proponent, or is
funding the project; appeals of a procedural determination made by an agency on a nonproject action;
and appeals to the city council. The appeal shall be conducted under the provisions of process IV, FWCC
22 431 et seq.; provided, that the notice distribution requirements ofFWCC 22 136(b)(2) process IV shall
be replaced with the notice distribution requirements ofFWCC 18-49.
(b2) Appeals are subject to procedures shall be conducted under the provisions of WAC 197-11-
680(3), and. ,'\ppeals arc 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.
(e.J) 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, provided that appeals of determinations of non-
significance for which public comment is required are extended seven additional days. 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.
( c) The decision of the hearing examiner on an appeal filed under this section shall be final.
(0 ,^.ppeals of the hearing examiner's final decision shall first be to the city eouncil as provided in.
process IV, FWCC 22 43] 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) ,,\ taped or written transcript.
(h) Upon filing an appeal to the city councilor a judicial appeal, any certified copies or written
transcripts required for such shall be prepared by the city at the expense of the appellant, subj ect to
possible reimbursement of transcript preparation costs as provided in F'."-VCC 22 116. (Ord. No. 90-40, S
Ordinance No 09-594
Page 6 of 68
1(20.240.10 - 20.240.70),2-27-90; Ord. No. 92-133, S 4, 4-21-92; Ord. No. 93-185, S 1,8-17-93; Ord.
No. 97-291, S 3,4-1-97; Ord. No. 04-468, S 3,11-16-04)
SECTION 16. Chapter 19, Article IV, Section 19-166, of the Federal Way City Code shall be
amended to read as follows:
19-166 Appeals.
The concurrency determination of the director may be appealed by the applicant or owner using the
same process as the underlying development permit application or as provided for in process IV of
Chapter 22 FWCC, Zoning process I of Chapter II FWCC if there is no underlying development permit,
substituting the director of public works for the director of cOmnRlnity de',elopment. The appeal, in the
form of a lettef notice of appeal, must be delivered to the department of public works within 14 calendar
days after issuance of the decision of the director. In those cases where the proposed development activity
may require a public hearing under the authority of other chapters of this eode, the hearings may be
combined. For example, if the underlying de,..elopment permit application is a preliminary plat, the appeal
shall be heard at the preliminary plat public hearing. (Ord. No. 06-525, S 1 (Exh. A), 6-6-06)
SECTION 17. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-32.5 Applications for decision processes.
(1) Who may apply. Any person, personally or through an agent may make application for a process
I. II. III. IV, or V land use decision.
(2) How to applv. The applicant shall file a completed master land use application. Accompanying the
application shall be a written description of the decision requested with a response to the decisional
criteria as set forth for any particular use, activity, or decision; all information or material that is specified
in the provision that describes the decision applied for; and all materials and information noted in FWCC
22-33 that is required by the director.
(3) Fee. With the application, the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(4) Director authority. The director may modify the submittal requirements as deemed appropriate,
including requiring any additional forms and any additional information or material that the director
determines is reasonably necessary for a decision on the matter.
SECTION 18. Chapter 22, Article II, Section 22-33, of the Federal Way City Code shall be amended
to read as follows:
22-33 Development application submittal requirements. .
(a) Generally. All projects which require a determination to be made as to whether a complete
application has been submitted must at the minimum provide the information contained within this
section. The submittal requirements are not intended to determine if an application conforms to e.c.ity of
Federal Way codes. They are used only to determine if all required materials have been submitted. A
code-related review will occur after a complete application has been submitted. The director may waive
any sections determined to be not reasonably necessary.
(b) Contents. The following comprise the contents of a complete application for the purposes of this
section:
(1) Master land use application.
Ordinance No 09-594
Page 7 of 68
(2) Application fees as set out in the adopted fee ordinance.
(3) Copy of underlying plat or King County assessor's parcel map.
(4) Statement of architectural design intent, finish materials, and colors sufficient to meet the
intent of Article XIX, Community Design Guidelines.
(5) Vicinity map showing the subiect property with enough information to locate the property
within the larger area.
(6) Current letters of water and sewer availability (only required for vacant property).
(7) Two copies of current title report for subject property.
(8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic
survey, site plan, preliminary drainage and grading plan, preliminary landscape plan, and building
elevations. All submitted plans should be folded to 8-1/2 by I 1. Maximum plan sheet size shall be 24-by-
36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed
requirements for the contents of each of these plans is available at the department of community
development services.
a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet
and allow all information to be readable. All plans except building elevation drawings must be at the same
scale.
b. Design drawings for building permits, including civil drawings, must be at an engineering
scale of one inch represents 20 feet.
c. If the development proposal has a value of $75,000 or greater, the site survey, site plan,
preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a
certified professional licensed in the state of Washington. The survey shall be prepared by a certified land
surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified
architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a
Washington State licensed landscape architect.
(9) Site photographs from each compass point (north, east, south, and west) must be referenced
on the site plan.
(10) Eight copies of the completed, signed, and dated SEP A checklist.
(11) List of addresses of all property owners within 300 feet of the boundary of the proposed
project (please refer to the city's bulletin titled "Procedures for Obtaining Mailing Labels").
(12) At least one set of stamped Stamped envelopes addressed to all property owners within 300
feet ofthe boundary of the proposed project, with address labels obtained from the county within the prior
six months, with return address of the City of Federal Way~, Department of Community Development
Services, 33530 First Way South, Federal Way, W,\ 98003 (please refer to specific process, whether
process III, IV, or Y for the number of sets of envelopes to be pro,..ided). An additional set is required for
process IV or V applications, and an additional set is required if compliance with the State Environmental
Policy Act is required.
(13) A copy of the county assessor's map identifying the properties specified in subsection (11)
of this section.
(B-1) Four copies of each special study that may be required (please contact the department ef
community de',elopment services to determine which studies are required for a specific project). Below
are special studies that may be necessary with the site plan application. If special studies are required,
please provide four copies.
a. Level one downstream storm drainage analysis as described in the 1990 King County
Surface Water Design Manual (KCSWDM) as amended by Federal Way.
b. Detailed narrative on the relevance of the core and special requirements of the 1990
KCSWDM.
c. Traffic impact analysis.
d. Parking study.
e. Soil study.
Ordinance No 09-594
Page 8 of 68
f. Geotechnical study.
g. Wetland delineation and/or wetland mitigation plan.
h. Stream delineation.
i. Significant tree inventory and retention plan.
(14~) Any additional information or material that the director of community develop~ent
services determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, S 3,4-1-97)
SECTION 19. A new section is added to Chapter 22, Article II, of the F ederal Way City Code to read
as follows:
22-33.5 Completeness of applications.
(I) Within 28 calendar days of receiving an application. the city shall determine whether the
application is complete. with reference to FWCC 22-33. Prior to the 28-day deadline. a letter of
completeness shall be issued if the city deems the application to be complete. or. if the city determines the
application to be incomplete. the city shall notify the applicant of what needs to be submitted for a
complete application. In this written determination. the city shall also identify. to the extent known to the
city. the other agencies of local. state. or federal government that may have iurisdiction over some aspect
of the proposed development activity. An application may be deemed complete under this section even if
the city does not provide a written determination to the applicant as required.
(2) If an application was found incomplete and an applicant submits additional information. the city
shall notify the applicant within 14 days whether the application is complete or whether further additional
information is necessary.
(3) Additional information. A determination of completeness shall not preclude the city from
requesting additional information or studies. either at the time of the letter of completeness or
subsequently. if new information is required or if there are substantial changes in the proposed action.
SECTION 20. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-36 Authoritv not affected.
Nothing in the decision processes in any way limits the authority ofthe City. including but not limited
to the authority to condition or deny proposals, through any other provision of the Code or other law.
SECTION 21. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-37 Responsibilitv of applicant and owner.
Regardless of any review. approval. inspection. or other actions of the city. it is the responsibility of
an applicant and any owner to insure that all work. actions. or conditions on the subiect property comply
with this chapter. any permits or approvals granted under this chapter. and all other applicable laws or
permits.
SECTION 22. A new section is added to Chapter 22, Article 11, ofthe Federal Way City Code to read
as follows:
22-38 Complete compliance reQuired.
Ordinance No 09-594
Page 9 of 68
(1) Generally. Except as specified in subsection (b) of this section, an applicant must comply with all
aspects, including conditions and restrictions, of an approval granted under this chapter in order to do
everything authorized by that approval.
(2) Exception, subsequent modification. If a specific use or site configuration for the subiect property
was approved under this chapter or any quasi-iudicial process under a previous zoning code. the applicant
is not required to apply for and obtain approval through this chapter for a subsequent change in use or site
configuration unless:
(a) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(b) The director determines that there will be substantial changes in the impacts on the
neighborhood or the city as a result of the change.
SECTION 23. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-39 Lapse of approval- Generally.
An applicant must begin construction or submit to the city a complete building permit application for
the development activity, use of land or other actions within one year after the final decision approving
the matter, or the decision becomes void. The applicant must substantially complete construction for the
development activity, use of land, or other actions approved and complete the applicable conditions listed
in the decision within five years after the final decision of the city on the matter. or the decision becomes
void. If a land use petition is filed under Chapter 36.70C RCW in King County superior court, the time
limits of this section are automatically extended by the length of time between the commencement and
final termination of that litigation. If the development activity, use of land, or other actions approved
under this article includes phased construction. the time limits of this section may be extended in the
decision on the application, to allow for completion of subsequent phases.
SECTION 24. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read
as follows:
22-40 Lapse of approval- Time extension.
(1) Application. Prior to the lapse of approval under FWCC 22-39. an applicant mav submit a written
application in the form of a letter with supporting documentation to the department requesting a one-time
extension of those time limits of up to one year.
(2) Criteria. The request must demonstrate that the applicant is making substantial progress on the
development activity, use of land, or other actions approved under this article and that circumstances
beyond the applicant's control prevent compliance with the time limits ofFWCC 22-39.
(3) Fee. The applicant shall include, with the letter of request. the fee as established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(4) Review process. An application for a time extension will be reviewed and decided upon by the
director.
(5) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating how the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV. Pursuant to Chapter 36.70B RCW, any time limit upon the city's processing and decision
upon applications under this chapter may. except as otherwise specifically stated in this chapter, be
modified by a written agreement between the applicant and the director.
Ordinance No 09-594
Page 10 of68
SECTION 25. A new section is added to Chapter 22, Article II, of the Federal Way City Code
(FWRC 19.25.005) to read as follows:
22-145.5 119.25.0051 Bonds.
The city may require a bond under FWCC 22-146 et seq. [Chapter 19.251 to'insure compliance with
any aspect of a permit. review, or approval.
SECTION 26. Chapter 22, Article III, Section 22-216, of the Federal Way City Code shall be
amended to read as follows:
22-216 /.....pplieable proeess. Development re2ulation amendments.
The city will use process VI described in FWCC 22 516 through 22 530 to review and decide upon a
proposal to amend the text of this chapter development regulations. (Ord. No. 90-43, S 2(135.10), 2-27-
90; Ord. No. 97-291, S 3,4-1-97)
SECTION 27. Chapter 22, Article IV, Section 22-236, of the Federal Way City Code shall be
amended to read as follows:
22-236 l'"pplieahle pToeess. Comprehensive plan amendments.
The city will use process VI described in FWCC 22 5 I 6 through 22 530 to review and decide upon a
proposal to amend the comprehensive plan. (Ord. No. 90-43, S 2(140.10), 2-27-90; Ord. No. 97-291, S 3,
4-1-97)
SECTION 28. Chapter 22, Article III, Section 22-276, of the Federal Way City Code shall be
amended to read as follows:
22-276 ,-'"pplieable proeess. Le2islative rezones
The city will use process VI described in F'NCC 22 516 through 22 530 to review and decide upon a
proposal for a legislative rezone. (Ord. No. 90-43, S 2(130.15), 2-27-90; Ord. No. 97-291, S 3, 4-1-97)
SECTION 29. Chapter 22, Article IV.A, Section 22-345, of the Federal Way City Code shall be
amended to read as follows:
22-345 Generally.
A decision by the director of community development as to the meaning, application or intent of any
development regulation or procedure in this chapter is known as an "interpretation." An interpretation
may be requested in writing by any person or may be initiated by the director of community development.
This article establishes the procedure and criteria that the city will use in deciding upon a written request
to interpret the provisions of this chapter and in issuing any other written interpretation of this chapter.
The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of this
chapter. Any appeals of an interpretation by the director of community development under this article
may be appealed to the city's hearing examiner as provided for in this article. (Ord. No. 00-375, S 10, 10-
3-00)
Ordinance No 09-594
Page J J of68
SECTION 30. Chapter 22, Article IV.A, Section 22-346, of the Federal Way City Code shall be
amended to read as follows:
22-346 Purpose.
An interpretation of the provisions of this chapter clarifies conflicting or ambiguous application,
wording, er--tfle scope~ or intent of the provisions of this chapter. An interpretation of the provisions of
this chapter may not be used to amend this chapter. (Ord. No. 00-375, S 10, 10-3-00)
SECTION 31. Chapter 22, Article IV.A, Section 22-347, of the Federal Way City Code shall be
amended to read as follows:
22-347 Applications.
(a) Who may apply. Any person, personally or through an agent, may make application for an
interpretation.
(b) How to apply. The applicant shall file a completed master land use application along with a
written description which at a minimum clearly states:
(1) The interpretation requested;
(2) The applicable Federal Way City Code section(s) which the applicant requests the director to
interpret; and
(3) Relevant information and arguments which support the requested interpretation.
(c) Fee. With the application, the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(d) Director authority. The director of community development services may modify the submittal
requirements as deemed appropriate.
(e) Routing of application. An application for an interpretation shall be routed to the director ef
community development services. The director may route for comment an application for an
interpretation to other staff members or departments. (Ord. No. 00-375, S 10, 10-3-00; Ord. No. 01-399, S
3,8-7-01)
SECTION 32. Chapter 22, Article IV.A, Section 22-348, of the Federal Way City Code shall be
amended to read as follows:
22-348 Interpretations.
The director of community deye10pment services may, acting on his or her own initiative or in
response to a written application inquiry, in the format outlined in FWCC 22 347, issue interpretations of
any of the provisions of this chapter.
(1) Applicability. A code interpretation rcqucsted by a person other than the project proponent or
property owner must be requested prior to the date of expiration of any applicable administrative appeal
period for a land use decision on the application to which the request relates. Any code interpretation
requested after the applicable administrati'..e appeal period a land use decision shall not affect an issued
permit or decision.
(2) Criteria. The director shall base an interpretation on:
(a} The defined or the common meaning, as applicable, of the words in the provision;
(b} The general purpose of the provision as expressed in the provision; and
(c): The logical or likely meaning of the provision viewed in relation to the comprehensive
plan, this chapter, the Federal Way City Code as a whole, or other plans and studies prepared or adopted
by the city.
Ordinance No 09-594
Page 12 0{68
(3) Timing. The director of community development shall issue an interpretation mail a written
response to any person filing a written request to interpret the provisions of this chapter within 28 days of
having received that fLrequest, unless otherwise agreed by the director and the requestor.
(4) Effect. An interpretation of this chapter will be enforced as if it is part of this chapter.
(5) Interpretation file and availability. The director of community development shall maintain an
interpretation file that contains all interpretations of this chapter that are in effect. The interpretation file
shall be available for public inspection and copying in the department of community developme1H
services during regular business hours.
(6) Time limitation. An interpretation of the provisions of this chapter remains in effect until
rescinded in writing by the director of community development or until the subject text of this chapter has
been amended consistent '.'lith FWCC 22216. (Ord. No. 00-375, * 10,10-3-00; Ord. No. 01-399, * 3, 8-7-01)
SECTION 33. Chapter 22, Article IV.A, Section 22-349, of the Federal Way City Code shall be
amended to read as follows:
22-349 Notice.
(aD Applicability. Interpretations issued by the director of community development that are related to
a land use or subdivision application shall be incorporated into the director's decision on the application
and be subject to applicable notice provisions for the decision. Interpretations issued by the director of
community development that are not related to a land use or subdivision application shall be subject to the
notice provisions under this section.
(92) Contents. The director of community development shall prepare a notice of each interpretation
that is not related to a land use or subdivision application, containing the following information:
(-!-f!) The citation, if any, of the provision(s) of the Federal Way City Code that is the subject of
the interpretation along with a brief description of the subject provision(s).
(~Q) A summary statement of the interpretation of the affected provision.
(~f) The date of the interpretation.
(4d) A statement of the availability of the official file.
(~~) A summary of the rights, as established in this article, of any person to submit an appeal of
the interpretation.
(6f) The deadline for filing appeals of the interpretation.
(eJ) Distribution. Upon issuance of the interpretation, the director of community development shall
distribute this notice of the interpretation as follows:
(-!-g) A copy of the notice of the interpretation shall be published in the official newspaper of the
city.
(~Q) A copy of the notice will be posted on each of the official notification boards of the city and
public libraries located within the city.
(c) A copy of the notice will be mailed to the person who filed the written request. (Ord.No. 00-
375, S 10, 10-3-00)
SECTION 34. Chapter 22, Article IV.A, Section 22-350, of the Federal Way City Code shall be
amended to read as follows:
22-350 Appeals.
(aD Any person who is aggrieved by an interpretation issued by the director of community
development services may appeal that interpretation v/ithin 11 days of the date of interpretation.
(92) A written notice of appeal must be delivered to the department of community development
services within 14 calendar days after issuance of the decision of the director. The appellant must file a
<.
Ordinance No 09-594
Page 13 of68
lettef notice of appeal indicating must indicate how the interpretation affects the appellant his or her
property and presenting any relevant arguments or information on the correctness of the interpretation.
The notice of appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the
amount of the fee as established by the city. The applicant shall include appeals fees as established by the
city. The appeal 'Nill not be accepted unless it is accompanied by the required fee.
(e1) Appeals are be governed by process IV. ,^.n appeal of an interpretation of this chapter will be
reviewed and decided upon using the process for appeals outlined in ,^.rtiele VI, Process III Revie'\,'/
Project Approyal, of this chapter.
(M) If the interpretation of the director of community development services is modified after an
appeal, the director shall:
(-l-g) Place the modifying decision in the interpretation file; and
(~b) Issue an new interpretation as modified. Change or remove, as appropriate, the interpretation
that was modified. (Ord. No. 00-375, S 10, 10-3-00; Ord. No. 01-399, S 3, 8-7-01)
SECTION 35. Chapter 22, Article IV.B, Section 22-351, of the Federal Way City Code shall be
amended to read as follows:
22-351 Process I 2enerallv. Cenerally.
Various places of this chapter in the Code indicate that certain developments, activities, or uses are
permitted only if approved using process I. This article describes process I. Any process I application not
categorically exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be reviewed
pursuant to process III of this chapter. Under process I, the director of community development services,
is authorized to make administrative decisions based on certain criteria as set forth in this article or
chapter. i\ny process I application not categorically exempt from the State Ell'Iironmental Policy ,^.ct,
Chapter 13.21C RCW, shall be revie\'/ed pursuant to process III of this chapter. Any appeals of the
director's decision will be decided by the hearing examiner after a public hearing. under this article may
be appealed to the city's hearing examiner as provided for in this article. (Ord. No. 97-291, S 3,4-1-97;
Ord. No. 00-375, S 10, 10-3-00)
SECTION 36. Chapter 22, Article IV.B, Section 22-352, of the Federal Way City Code shall be
amended to read as follows:
22-352 Purpose of review.
Process I has the following purposes:
(1) To review a proposal for compliance with the provisions of this chapter and all other
applicable law.
(2) To ensure that the health, safety, and welfare of the citizens of the city is preserved.
(3) To provide an expedient and reasonable land use review process for administrative decisions
and interpretations of this chapter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10,10-3-00)
SECTION 37. Chapter 22, Article IV.B, Section 22-353, of the Federal Way City Code is hereby
repealed as follows:
22 353 ,-....pplieations.
(1) Vlho may apply. ,^illy person, personally or through an agent, may make application for a process
I land use decision.
Ordinance No 09-594
Page 14 of68
(2) How to apply. The applicant shall file a completed master land use application. ,^.ccompanying the
application shall be a written response to the decisional criteria as set forth in this chapter for a particular
use or activity, and information required by FWCC ~.
(3) Fee. \Vith the application, the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(1) Director authority. The director of community development services may modify the submittal
requirements as deemed appropriate.
(5) Routing of application. An application for an administrative decision shall be routed to the
director of community development services. The director may routc for comment an application to other
staff members or departments.
(6) Completeness.
(a) Within 28 calendar days of rcceiving an application, the city must determine whcthcr the
application is complete. The city will apply FWCC 22 33 to determine completeness. If the city deems
the application to be complete, a letter of completeness must be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this written determination, the city shall also identify, to the
extent Imown to the city, the other agencies of local, state, or federal government that may ha',e
jurisdiction over some aspect of the proposed de'/elopment actiyity. An application shall be deemed
complete under this section if the city does not provide a written determination to the applicant as
required in this paragraph. .
(b) Within 14 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify the applicant 'Nhether the
application is complete or whether additional information is necessary.
(c) .^.dditional information. .^. determination of completeness shall not preclude the city from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently, if new information is required or substantial changes in the proposed action occur. (Ord.
No. 97 291, ~ 3, 1 1 97; Ord. No. 00 375, ~ 10, 10 3 00)
SECTION 38. Chapter 22, Article IV.B, Section 22-354, of the Federal Way City Code shall be
amended to read as follows:
22-354 Director's Notiee of administrative decision and notice.
The director of community dcyelopment services shall mail in a timely manner a copy of his or her
decision to the applicant any person who submitted comments on the application, and any person who
requested a copy. No other notice is required. (Ord. No. 97-291, S 3, 4-1-97; Ord. No. 00-375, S 10, 10-3-
00)
SECTION 39. Chapter 22, Article "IV.B, Section 22-355, of the Federal Way City Code shall be
amended to read as follows:
22-355 Appeals.
(1) Who may appeal. +he A decision of the director of community development services under this
process may be appealed by the applicant, any person who submitted written comments or information, eF
any person who has specifically requested a copy of the decision, or the City.
(2) How and when to appeal. The appeal, in the form of a letter A written notice of appeal, must be
delivered to the department of community de,..clopment services within 14 calendar days after issuance of
the decision of the director of community development services. The appeal must be accompanied by
Ordinance No 09-594
Page 15 0[68
cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city.
The letter notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the director's decision, including identification of specific
factual findings and conclusions of the director of community development services disputed by the
person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Fees. The person filing the appeal shall include, with the letter of appeal, the fee as established by
the city. The appeal will not be accepted unless it is accompanied by the required fee.
f4j Appeal process. Appeals are governed by process IV. of an administrative decision will be
revicwed and decided upon using the process for appeals outlined in ,^.rticle VI, Process III Review
Project ,^.pproval, of this chapter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10,10-3-00; Ord.
No. 01-399, S 3, 8-7-01)
SECTION 40. Chapter 22, Article V, Section 22-361, of the Federal Way City Code shall be
amended to read as follows:
22-361 Process II 2enerallv. Administration.
Various places of this of this chapter in the Code indicate that certain developments, activities or uses
are permitted only if approved using process II. This article describes process II.
In addition, all All commercial, office and industrial development applications subject to the
provisions of this article, including applications for remodeling and expansion of an existing use, shall
also meet the requirements of Article XIX, Community Design Guidelines, of this chapter. Process II
applications are exempt from the procedural requirements set forth in RCW 36.70B.060 and 36. 70B.11 0
through 36.70B.130. Any process II application not categorically exempt from the State Environmental
Policy Act. Chapter 43.21C RCW, shall be reviewed pursuant to process III of this chapter. If the
development. activity. or use that requires approval through process II is part of a proposal that also
requires approval through process IV, the entire proposal will be decided upon using process IV. if the
director determines that this will result in more efficient decision making.
Under process II, the director of community development services will make the initial land use
decision and the decision on the community design guidelines. Any appeals Appeals of both decisions
either decision will be decided by the hearing examiner after a public hearing.
Process II applications are exempt from the procedural requirements set forth in RCW 36.70B.060
and 36.70B.I 10 through 36.70B.l30. ,^.illy process II application not categorically exempt from the State
Environmental Policy ,^.ct, Chapter 13.21 C RCW, shall be revie\ved pursuant to the procedural
requirements of process III of this chapter. (Ord. No. 90-43, S 2(175.1 0(1 )), 2-27-90; Ord. No. 97-291, S
3, 4-1-97)
SECTION 41. Chapter 22, Article V, Section 22-362, of the Federal Way City Code is hereby
repealed as follows:
22 362 ,A..pplicatioRs.
(1) Vlho may apply. .^J1Y person, personally or through an agent, may make application for a process
II land use decision.
(2) How to apply. The applicant shall file a completed master land use application. Accompanying the
application shall be a written response to the decisional criteria as set forth in this chapter for a particular
usc or activity, and information required by FWCC 22 33.
Ordinance No 09-594
Page J 6 of 68
(3) Fee. '}lith the application, the applicant shall submit the fee established by the city. The
application shall not be accepted unless it is accompanied by the required fee.
(1) Director authority. The director of community development services may modify the submittal
requirements as deemed appropriate.
(5) Routing of application. i\n application for an administrative decision shall be routed to the
director of community development services. The director may route for comment an application to other
staff members or departments.
(6) Completeness.
(a) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city '.'Iill apply F'HCC 22 33 to determine completeness. If the city deems
the application to be complete, a letter of completeness must be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of \vhat needs to be
submitted for a complete application. In this v/ritten determination, the city shall also identify, to the
extent known to the city, the other agencies of local, state, or federal government that may have
jurisdiction o',er some aspect of the proposed development activity. ,^.n application shall be deemed
complete under this section if the city docs not provide a written determination to the applicant as
required in this paragraph.
(b) Within 11 days after an applicant has submitted the additional information identified by the
city as being necessary for a complete application, the city shall notify thc applicant \vhether the
application is complete or '.'Ihether additional information is necessary.
(c) ,^.dditional information. ,^. determination of completeness shall not preclude the city from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently, if new information is required or substantial changes in the proposed action oecur. (Ord.
,." T f\'7 ')')'))
nO. v, .. 'J
SECTION 42. Chapter 22, Article V, Section 22-363, of the Federal Way City Code shall be
amended to read as follows:
22-363 Conduct of the review.
The city manager shall may appoint one or more employees or other persons working on behalf of the
city to perform the functions established under this article. (Ord. No. 90-43, S 2(175.1 0(3)),2-27-90; Ord.
No. 97-291, S 3,4-1-97)
SECTION 43. Chapter 22, Article V, Section 22-364, of the Federal Way City Code shall be
amended to read as follows:
22-364 Purposes of review.
The site plan review has the following purposes:
(I) To review the fl proposal for compliance with the provisions of this chapter and all other
applicable law.
(2) To help insure that the fLproposal is coordinated, as is reasonable and appropriate, with other
known or anticipated development on private properties in the area and with known or anticipated right-
of-way and other public improvement projects within the area.
(3) To encourage proposals that embody good design principles that will result in high quality
development on the subject property. (Ord. No. 97-291, S 3,4-1-97)
Ordinance No 09-594
Page 17 of68
SECTION 44. Chapter 22, Article V, Section 22-365, of the Federal Way City Code shall be
amended to read as follows:
22-365 Site plan and community design guidelines approval criteria.
(1) Applicability. The director of community de'..elopment services may approve an application for
site plan review and community design guideline review if it is consistent with the following sets of
decisional criteria:
(2) Site plan criteria.
(a) It is consistent with the comprehensive plan;
(b) It is consistent with all applicable provisions of this chapter;
(c) It is consistent with the public health, safety, and welfare;
(d) The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal; and
(e) The proposed access to the subject property is at the optimal location and configuration for
access.
(3) Community design guideline decisional criteria.
(a) It is consistent with site design standards set forth in FWCC 22-1634 for all zoning districts;
(b) It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and
(c) For development applications for remodeling or expansion of an existing development, it is
consistent with those provisions of Article XIX, Community Design Guidelines, identified by the director
of community de',elopment services as being applicable. (Ord. No. 90-43, S 2(175.1 0(4)),2-27-90; Ord.
No. 97-291, S 3,4-1-97)
SECTION 45. Chapter 22, Article V, Section 22-366, of the Federal Way City Code shall be
amended to read as follows:
22-366 Administrative guidelines.
The city manager is authorized to adopt administrative guidelines to implement the provisions of this
article. These administrative guidelines will be used in the site plan review and have the full force and
effect as if they were set forth in this chapter, and shall be on file in the department of community
development services. (Ord. No. 90-43, S 2(175.10(5), 2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 46. Chapter 22, Article V, Section 22-367, of the Federal Way City Code shall be
amended to read as follows:
22-367 Authority. director's decision. and notice.
(1) Site plan review conducted under this article will form the basis of any modifications to any
permits or approvals issued by the city for the proposal. In this regard, the person or persons conducting
the site plan review is hereby authorized to require modifications to the proposal consistent with the
criteria contained in FWCC 22-364 and any the administrative guidelines, if any, adopted under FWCC
22-366.
(2) The director of community development services shall integrate his or her decision and findings
for site plan and community design guideline review into a single decision. A copy of the decision shall
be mailed to the applicant, any person who submitted written comments, or any person who specifically
requested a copy of the director's decision. No other notice is required. (Ord. No. 90-43, S 2 (175.1 0(6),
2-27-90; Ord. No. 97-291, S 3,4-1-97)
Ordinance No 09-594
Page 18 of 68
SECTION 47. Chapter 22, Article V, Section 22-368, of the Federal Way City Code shall be
amended to read as follows:
22-368 Appeals.
(1) Who may appeal. A decision of the director under this process may be appealed by the applicant,
any person who submitted written comments or information, any person who has specifically requested a
copy of the decision, or the City.
(2) How and when to appeal. A written notice of appeal must be delivered to the department of
community development services within 14 calendar days after issuance of the decision of the director.
The notice of appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the
amount of the fee as established by the city. The notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the director's decision, including identification of specific
factual findings and conclusions of the director disputed by the person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Appeal process. Appeals are be governed by process IV.
The applicant, any person who submitted written comments, or any person \vho specifically requested
a copy of the decision may appeal the site plan apprm'al or conditions of such approval and/or communit),
design guideline conditions to the city' s hearing examiner using the provisions to appeal a decision of the
director of community development services in process III of this chapter. Not'.vithstanding any contrary
provisions of 22 106, the hearing examiner' s decision on an appeal under this section is the final decision
of the city and may be may be reviev/ed pursuant to Chapter 36.70C RCW in the King County superior
court, except that in cases involving a site plan approval f-or a public utility located in a BN
(neighborhood business), BC (community business), or OP (office park) zone the hearing examiner's
decision is not the final decision of the city and such decisions may be appealed to the city council
pursuant to F'.VCC 22 116 through 22 156. Modifications required to bring the proposal into compliance
with this chapter or any other applicable laws are not appealable. (Ord. No. 90-43, S 2(175.10(7), 2-27-
90; Ord. No. 97-291, S 3,4-1-97)
SECTION 48. Chapter 22, Article V, Section 22-369, of the Federal Way City Code is hereby
repealed as follows:
22 369 Other authority not affeeted.
Nothing in this article in any way limits, or may be construed to limit, the authority of the city
including but not limited to the authority to condition or deny proposals, available to the city in, through
or by any other provision of this article or other lav... (Ord. No. 90 13, ~ 2(175.1 0(8), 2 27 90; Ord. No.
97291,~3,4197)
SECTION 49. Chapter 22, Article V, Section 22-370, of the Federal Way City Code is hereby
repealed as follows:
22 370 Responsibility of applieant and owner.
Regardless of any review, approval, inspection or other actions of the city, it is the responsibility of
the applicant and owner to insure that all v/Ork, actions or conditions on the subject property comply with
this chapter and all other applicable laws and any permits and/or appro';als granted under this chapter or
other applicable law. (Ord. No. 90 13, S 2(175.22), 2 27 90; Ord. No. 97 291, S 3, 1 I 97)
Ordinance No 09-594
Page 19 of68
SECTION 50. Chapter 22, Article VI, Section 22-386, of the Federal Way City Code shall be
amended to read as follows:
22-386 Process III 2eneraIlv. f1dministration.
Various places of this chapter in the Code indicate that certain developments, activities or uses are
permitted only if approved using process III. This article describes process III.
In addition, all All commercial, office, and industriaL institutionaL and multifamily development
applications subject to the provisions of this article, including applications for remodeling and expansion
of an existing use, shall also meet the requirements of Article XIX, Community Design Guidelines, of this
chapter. If the development, activity, or use that requires approval through process III is part of a proposal
that also requires approval through process IV, the entire proposal will be decided upon using process IV,
if the director determines that this will result in more efficient decision making.
Under process III, the director of community development services will make the initial land use
decision and the decision on the community design guidelines based on written comments and
information. Any appeals ,^.ppeals of both decisions either decision will be decided by the hearing
examiner after a public hearing. (Ord. No. 90-43, S 2(145.05), 2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 51. Chapter 22, Article VI, Section 22-387, of the Federal Way City Code is hereby
repealed as follows:
22387 Purposes of review.
The site plan re','ie',',' has the following purposes:
(1) To review the proposal for compliance ',',ith the provisions of this chapter and all other
applicable law.
(2) To help insure that the proposal is coordinated, as is reasonable and appropriate, with other
kno','1ll or anticipated development on private properties in the area and '.'lith known or anticipated right
of 'Nay and other public improvement projects within the area.
(3) To encourage proposals that embody good design principles that will result in high quality
development on the subject property. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 52. Chapter 22, Article VI, Section 22-388, of the Federal Way City Code is hereby
repealed as follows:
22388 Proposal requiring approval through proeess IV.
If the deyelopment, use or actiyity that requires appro'fal through process III is part of a proposal that
also requires approval through process IV, the entire proposal will be decided upon using process IV, if
the director of community development services determines that this will result in more efficient decision
making. (Ord. No. 90 13, ~ 2(115.1 0),2 27 90; Ord. No. 97 291, ~ 3, 4 1 97)
SECTION 53. Chapter 22, Article VI, Section 22-389, of the Federal Way City Code is hereby
repealed as follows:
22 389 l\pplieations.
(a) Who may apply. Any person may, personally or through an agent, apply for a decision regarding
property he or she owns.
Ordinance No 09-594
Page 20 of 68
(b) How to apply. The applicant shall file a completed application in the department of community
development services on the form provided by the department. The applicant shall also provide all
information or material that is specified in the provision of this chapter that describes the decision applied
for, all information specified in F'NCC n..Jl, and any additional information or material that the director
of community development services determines is reasonably necessary for a decision on the matter.
(c) Fee. With the application, the applicant shall sl:lbmit the fee established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Completeness.
(1) Within 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will apply FWCC 22 33 to detennine completeness. If the city deems
the application to be complete, a letter of completeness HIDSt be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application. In this written determination, the city shall also identify, to the
extent known to the city, the other agencies of local, state, or federal government that may have
jurisdiction o',cr some aspect of the proposed development activity. l\n application shall be deemed
complete under this section if the city docs not provide a written determination to the applicant as
required in this paragraph.
(2) Within 11 days after an applicant has submitted the additional information identified by the
city as being necessar/ for a complete application, the city shall notify the applicant '.vhether the
application is complete or whether additional information is necessary.
(c) ,^.dditional information. ,^. determination of completeness shall not preclude the eity from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently, if new information is required or substantial changes in the proposed action occur. (Ord.
No. 9043, ~ 2(115.15), 22790; Ord. No. 97 291, ~ 3, 4 1 97; Ord. No. 00 375, ~ 11,10 3 00)
SECTION 54. Chapter 22, Article VI, Section 22-390, of the Federal Way City Code shall be
amended to read as follows:
22-390 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each application and, where
applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances
issued under the authority of the State Environmental Policy Act. (Ord. No. 90-43, S 2(145.20), 2-27-90;
Ord. No. 97-291, S 3,4-1-97)
SECTION 55. Chapter 22, Article VI, Section 22-391, of the Federal Way City Code shall be
amended to read as follows:
22-391 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application material submitted by the applicant.
(2)All written comments received on the matter.
(3) The written decision of the director of community development services.
(4) If the decision of the director of community development services is appealed, the following
will be included in the file:
a. The letter notice of appeal.
b. All written comments received regarding the appeal.
Ordinance No 09-594
Page 21 of68
c. The staff report on the appeal.
d. The electronic sound recording of the hearing on the appeal.
e. The decision of the hearing examiner on the appeal.
(5) Any other information relevant to the matter.
(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community dC'lelopment services during regular business hours. (Ord. No. 90-43, S
2(145.25),2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 56. Chapter 22, Article VI, Section 22-392, of the Federal Way City Code shall be
amended to read as follows:
22-392 Notice.
(1) Content. The director of community development services shall, within 14 days of issuing a letter
of completeness on the proposal, prepare a notice of application containing the following information:
(a) The name of the applicant and, if applicable, the project name.
(b) The date of application, the date of the notice of completion for the application, and the date
of the notice of application.
(c) The street address of the subject property or, if this is not available, a description of the
location of the property in non-legal language. Except for notice published in a newspaper of general
circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(d) A brief description of the requested decision, including a citation to the provision of this
chapter governing the request, a list of the project permits included in the application and, if applicable, a
list of any studies requested. To the extent known by the city, the notice shall include any related permits
which are not included in the application.
( e) A statement of the availability of the official file.
(f) A statement of the right of any person to submit written comments to the director ef
community de',clopment services regarding the application within 15 days of the date of the notice.
(g) A statement that only the applicant, persons who submit written comments to the director ef
community development services, or persons who specifically requests a copy of the original decision
may appeal the director's decision.
(h) The identification of existing environmental documents that evaluate the proposed project and
the location where the application and any studies can be reviewed.
(i) A statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as provided in
RCW 36.70B.040.
(2) Distribution. Within 14 calendar days of issuing the letter of completeness, the director ef
community de'"elopmcnt services shall distribute this notice of application as follows:
(a) A copy of the notice of application will be published in the official daily newspaper of the
city.
(b) The notice of application will be conspicuously posted on or near the subject property. At
least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to
any property that abuts the subject property.
( c) A copy of the notice will be posted on each of the official notification boards of the city and
public libraries located within the city.
(d) For projects under this article which are located within, or are 300 feet from, property zoned
SE (suburban estates), RS (single-family residential), or RM (multifamily), a copy of the notice will be
mailed to the persons receiving the property tax statements for all property within 300 feet of each
boundary of the subject property. (Ord. No. 90-43, S 2(145.30), 2-27-90; Ord. No. 97-291, S 3, 4-1-97;
Ord. No. 01-399, S 3, 8-7-01)
Ordinance No 09-594
Page 22 of 68
SECTION 57. Chapter 22, Article VI, Section 22-393, of the Federal Way City Code shall be
amended to read as follows:
22-393 Burden of proof.
The applicant has the responsibility of convincing the director of community development services
that, under the provisions of this article, the applicant is entitled to the requested decision. (Ord. No. 90-
43, S 2(145.35), 2-27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 58. Chapter 22, Article VI, Section 22-394, of the Federal Way City Code shall be
amended to read as follows:
22-394 Written comments.
The director of community development services shall consider all written comments and information
regarding the requested decision that are received by the department of community development services
before the deadline contained within the notice regarding the application. (Ord. No. 90-43, S 2(145.40), 2-
27-90; Ord. No. 97-291, S 3,4-1-97)
SECTION 59. Chapter 22, Article VI, Section 22-395, of the Federal Way City Code shall be
amended to read as follows:
22-395 Director's decision.
(aD General.
(-l-g) Coordination with decisions under the State Environmental Policy Act. If a SEP A threshold
determination is required to be issued, the threshold determination must follow the end of the public
comment period on the project permit application, but precede the director's decision on the land use and
design components of the process III project permit approval. If the SEP A threshold determination is
appealed, the director's land use and design components decision shall be issued sufficiently in advance
of the open record hearing on the threshold determination appeal, to allow any appeal of the land use
and/or design review decision to be consolidated and heard with the appeal of the threshold
determination.
(~Q) Timing. The director of community deyelopment services will endeavor to issue his or her
decision on the land use and design components of the process III project permit approval within 120
days of the issuance of the letter of completeness;
(i) The 120-day time period does not apply if a project permit application under this article
requires an amendment to the comprehensive plan or this chapter: requires approval of a new fully
contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW
36.70A.360, the siting of an essential public facility as provided in RCW 36.70A.200, or capital facility
projects of the city: or if a project permit application under this article is substantially revised by the
applicant, in which case the time period shall start from the date at which the revised project application is
determined to be complete.
(ii) If the decision solely relates to a review of community design guidelines of a process IV
application the director shall issue a written decision within 10 working days after the deadline for
submitting comments. issued pursuant to HVCC ~, except that the
(iii) The following periods shall not be included in the calculation of the 120-day period:
{A}tr. Any period during which the applicant has been requested by the city to correct
plans, perform required studies, or provide additional required information. In these instances, the period
Ordinance No 09-594
Page 23 of68
excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need
for additional information and run until the earlier of the date the city determines whether the additional
information satisfies the request for information, or 14 days after the date the information has been
provided to the city. If the city determines that the information submitted by the applicant under this
paragraph is insufficient, it shall notify the applicant of the deficiencies and the procedures under this
paragraph shall apply as if a new request for studies had been made.
(B)lr. Any period during which an environmental impact statement is being prepared
following a determination of significance pursuant to Chapter 43.21 C RCW.
(C)e:- Any period for administrative appeals of the SEP A threshold determination,
provided that the time period for consideration of such appeals shall not exceed 90 days for an open
record appeal hearing. The parties to an appeal may agree to extend the 90-day period.
(D)th Any extension of time mutually agreed upon by the applicant and the city.
The 120 day time period does not apply if a project permit application under this article
requires an amendment to the comprehensive plan or this chapter; requires approval of a new fully
contained community as proyided in RCW 36.70,^..350, a master planned resort as provided in RCW
36.70A360, thc siting of an essential public facility as provided in RCW 36.70,\.200 or capital facility
projects of the city; or if a project permit application under this article is substantially revised by the
applicant, in which case the time period shall start from the date at which the re'/ised project application is
determined to be complete under PNCC ~.
(iv) If the director is unable to issue his or final decision on the land use or design review
components of a process III project permit application as provided in this paragraph, the city shall provide
written notice of this fact to the applicant. The notice shall include a statement of reasons why the
decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of
final decision.
(132) Decisional criteria. The director of community development services shall use the criteria listed
in this subsection and the provision~ of this chapter describing the requested decision in deciding upon the
application.
(a) The In addition, the director of community development services may approve the application
only if:
(-l-i) It is consistent with the comprehensive plan;
(~iD It is consistent with all applicable provisions of this chapter;
(~iii) It is consistent with the public health, safety, and welfare;
(4iv) The streets and utilities in the area of the subject property are adequate to serve the
anticipated demand from the proposal; and
(~.Y) The proposed access to the subject property is at the optimal location and configuration.
ili) If the application is subject to the requirements of Article XIX, Community Design
Guidelines, the director of community development services shall also use the following criteria as well in
deciding upon an application:
(-l-i) It is consistent with the site design standards set forth for all zoning districts in FWCC
22-1634;
(~iD It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and
(~iii) For development applications for remodeling or expansion of an existing development,
it is consistent with those provisions of Article XIX, Community Design Guidelines, identified by the
director of community dcvelopment services as being applicable.
(eJ) Conditions and restrictions. The director of community development services shall include in the
written decision any conditions and restrictions that he or she determines are reasonably necessary to
eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions
that are included become part of the decision.
(61) Contents. The director of community dcyelopment services shall include the following in the
written decision:
Ordinance No 09-594
Page 24 of68
(-l-!!) A statement granting, modifying and granting, or denying the application.
(~b) Any conditions and restrictions that are imposed.
(~f) A statement of facts presented to the director of community development services that
support the decision, including any conditions and restrictions that are imposed.
(4.d) A statement of the director's conclusions based on those facts.
(~s;) A statement of the criteria used by the director of community deyelopment servICes III
making the decision.
(6D The date of issuance of the decision.
(~g) A summary of the rights, as established in this article, of the applicant and others to appeal
the decision of the director of community development services.
(&h) A statement of any threshold determination made under the State Environmental Policy Act,
Chapter 43.21C RCW.
(9i) A statement that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation.
(e~) Distribution of written decision. Within five working days after the written decision of the
director of community de',elopment services is issued, it shall be distributed as follows:
(-l-g) A copy will be mailed to the applicant.
(~b) A copy will be mailed to each person who submitted written comments or information to the
director of cOmnRlnity deyclopment scrvices.
(~f) A copy will be mailed to any person who has specifically requested it.
(4.d) A copy will be mailed to the King County assessor. (Ord.No. 90-43, S 2(145.45), 2-27-90;
Ord. No. 97-291, S 3,4-1-97)
SECTION 60. Chapter 22, Article VI, Section 22-396, of the Federal Way City Code shall be
amended to read as follows:
22 396 Effeet of the deeision.
Decisions under this section shall become final subject to the folJoo;/ing:
(1) ,^.n applicant or other party of record who may be aggrieved by the decision may appeal the
decision within 11 days of the issuance of the decision by the director of community development
consistent ''lith the provisions of FWCC 22 397 et seq. If a written notice of appeal is received within the
appeal period, the decision shall be referred to the hearing examiner and shall not become final until the
appeal process is complete and the city issues a final decision. Upon issuance of the final decision, the
applicant may engage in activity based on the decision, provided applicable permits have been approved.
(2) If no appeal is submitted within the 11 calendar day appeal period, the prelirllinary appro'lul
shall become final on the. first calendar day following the expiration of the appeal period. Upon the
decision becorlling final, the applicant may engage in activity based on the decision, provided applicable
permits have bcen approved. (Ord. No. 90 13, ~ 2(115.50), 2 27 90; Ord. No. 97 291, ~ 3, 1 I 97; Ord.
No. 00 375, ~ 12, 10 3 00)
Editor's note Ordinancc No. 97 291, ~ 3, adopted J\:prill, 1997, deleted ~ 22 396 and renumbered ~ 22
395 to be a ncvl ~ 22 396. Formerly, such section pertained to request for reconsideration and derived
from Ord. 1'40.90 13, ~ 2(115.55),2 27 90.
22-396 Effect of the decision.
Upon a decision becoming finaL the applicant may engage in activity based on the decision, provided
applicable permits have been approved. Decisions become final subiect to the following:
(1) If a written notice of appeal is received within the appeal period, the decision shall not
become final until the appeal process is complete and the city issues a final decision.
Ordinance No 09-594
Page 25 of68
(2) If no appeal is submitted within the 14 calendar day appeal period, the decision shall become
final on the first calendar day following the expiration of the appeal period. (Ord. No. 90-43, & 2(145.50),
2-27-90; Ord. No. 97-291, & 3,4-1-97; Ord. No. 00-375, & 12, 10-3-00)
Editor's note - Ordinance No. 97-291, & 3, adopted April 1 , 1997, deleted & 22-396 and renumbered &
22-395 to be a new & 22-396. Formerly, such section pertained to request for reconsideration and derived
from Ord. No. 90-43, & 2(145.55), 2-27-90.
SECTION 61. Chapter 22, Article VI, Section 22-397, of the Federal Way City Code shall be
amended to read as follows:
22-397 Appeals.
(1) Who may appeal. :J=he A decision of the director of community development services related to
either the land use approval or the community design guidelines decision under this process may be
appealed by the applicant, any person who submitted written comments or information, er any person
who has specifically requested a copy of the decision, or the City.
(2) How and when to appeal. The appeal, in the f-orm of a letter A written notice of appeal, must be
delivered to the department of community development services within 14 calendar days after issuance of
the decision of the director of community de';e10pment services. The appeal must be accompanied by
cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city.
The:lettef notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement ofthe alleged errors in the director's decision, including identification of specific
factual findings and conclusions of the director of community de',elopment services disputed by the
person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Appeal process. Appeals are be governed by process IV. Fees. The person filing the appeal shall
include, with the letter of appeal, the fee as established by the city. The appeal will not be accepted unless
it is accompanied by the required fee.
( 1) Jurisdiction. l\ppeals from the decision of the director of community development services \vill be
heard by the hearing examiner. (Ord. No. 90-43, S 2(145.60), 2-27-90; Ord. No. 97-291, S 3, 4-1-97)
SECTION 62. Chapter 22, Article VI, Section 22-398, of the Federal Way City Code is hereby
repealed as follows:
22 398 Notiee of appeal hearing.
(a) Content. The director of community development services shall prepare a notice of the appeal
containing the following:
(I) The file number and a brief description of the matter being appealed.
(2) l\ statement of the scope ofthe appeal, including a summary of the errors alleged and specific
factual findings and conclusions disputed in the letter of appeal.
(3) The date, time and place ofthe public hearing on the appeal.
(1) A statement of who may participate in the appeal.
(5) A statement of how to participate in the appeal.
(b) Distribution. ,\t least 10 calendar days before the hearing on the appeal, the director of community
development services shall mail a copy of this notice to each person entitled to appeal the decision under
FWCC 22 397. (Ord. No. 90 13, ~ 2(115.65), 2 27 90; Ord. No. 97 291, ~ 3, 4 1 97)
Ordinance No 09-594
Page 26 of 68
SECTION 63. Chapter 22, Article VI, Section 22-399, of the Federal Way City Code is hereby
repealed as follows:
22 399 Partieipatian in the appeal.
Only those persons entitled to appeal the decision under FWCC 22 397 may participate in the appeal.
These persons may participate in either or both of the following ways:
(1) By submitting written comments or information to the department of community development
services prior to the hearing or to the hearing examiner during the hearing.
(2) By appearing in person, or through a representative, at the hearing and submitting oral
comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of the
oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90 13, ~ 2(115.70),2
27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 64. Chapter 22, Article VI, Section 22-400, of the Federal Way City Code is hereby
repealed as follows:
22 400 Seope of the appeal.
The scope of thc appeal is limited to the errors raised or the specific factual findings and conclusions
disputed in the letter of appcal. Thc hcaring examiner may only consider evidence, testimony or
comments relating to errors raised or the disputed findings and conclusions. The hearing examiner also
may not consider any request for modification or wai';er of applicable requirements of this chapter or any
other law. (Ord. No. 90 13, ~ 2(115.75),227 90; Ord. No. 97 291, ~ 3, 4 I 97)
SECTION 65. Chapter 22, Article VI, Section 22-401, of the Federal Way City Code is hereby
repealed as follows:
22 401 Staff report on appeal.
(a) Content. The director of community de'/elopment services shall prepare a staff report on the
appeal containing the follO',ving:
(1) The written decision of the director of community dcvelopment services.
(2) .^.ll writtCll comments submitted to the director of community development services.
(3) The lettcr of appeal.
(1) ,^.II written comments on the appeal received by the department of community development
services from persons entitled to participate in the appeal.
(5) l\n analysis of the aIIeged errors in the director's decision and any specific factual findings
and conclusions disputed in the letter of appeal.
(b) Distribution. ,^.t least se';en calendar days before the hearing, the director of community
dcvelopment services shall distribute copies of the staff report on the appeal as follows:
(1) .^. copy will be mailed to the hearing examiner.
(2) A copy will be mailed to the applicant.
(3) ,,\ copy will be mailed to the person who filed the appeal.
(1) ,^. copy wiII be mailed to each person '.vho received a copy of the director's decision. (Ord.
No. 90 13, ~ 2(115.80), 2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 66. Chapter 22, Article VI, Section 22-402, of the Federal Way City Code is hereby
repealed as follows:
Ordinance No 09-594
Page 27 of68
22 402 Publie hearing on appeal.
(a) Generally. The hearing examiner shall hold an open record hearing on the appeal.
(b) Open to public. The hearings of the hearing examiner are open to the public. (Ord. No. 90 13, ~
2(115.85),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 67. Chapter 22, Article VI, Section 22-403, of the Federal Way City Code is hereby
repealed as follows:
22 403 EleetroRie sound reeordings.
The hearing examiner shall make a complete electronic sound recording of each hearing. (Ord. No.
90 13, ~ 2(115.90),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 68. Chapter 22, Article VI, Section 22-404, of the Federal Way City Code is hereby
repealed as follows:
22 404 BurdeR of proof.
The person filing the appeal has the responsibility of convincing the hearing examiner by a
preponderance of the evidence that the director of community development services' decision contains an
error oflaw or that its findings of fact or conclusions are incorrect. (Ord. No. 90 13, ~ 2(115.95),2 27 90;
Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 69. Chapter 22, Article VI, Section 22-405, of the Federal Way City Code is hereby
repealed as follows:
22 405 Continuation of the hearing.
The hearing examiner may contiooe the hearing if, for any reason, the examiner is unable to hear all
of the public comments on the appeal or if the hearing examiner determines that the examiner needs more
information within the scope of the appeal. If, during the hearing, the hearing examiner announces the
time and place of the next hcaring on the matter and a notice thereof is posted on thc door of the hearing
room, no further notice of that hearing need be given. (Ord. No. 90 13, ~ 2(115.1 00), 2 27 90; Ord. No.
97291,~3,1197)
SECTION 70. Chapter 22, Article VI, Section 22-406, of the Federal Way City Code is hereby
repealed as follows:
22 i06 Deeision on appeal.
(1) In General. The hearing examiner shall consider all information and comments within the scope of
the appeal submitted by persons entitled to participate in the appeal. The hearing examiner shall either
affirm or change the findings and conclusions of the director of community development services that
were appealed. Based on the hearing examiner's findings and conclusions, the examiner shall affirm,
reverse, or modify the decision being appealed.
(2) Issuance of written decision. \Vithin 10 working days after the public hearing, the hearing
examiner shall issue a written decision on the appeal. Within fi'/e working days after it is issued, the
hearing examiner shall distribute thc decision as follows:
(a) ,A. copy '.vill be mailed to the applicant.
(b) ,A. copy will be mailed to the person who filed the appeal.
Ordinance No 09-594
Page 28 of 68
(c) 1\ copy will be mailed to each person who participated in the appeal.
(d) ,\ copy '.vill be mailed to each person that specifically requested it.
(c) A copy will be mailed to the King County assessor.
(3) Effect. The decision by the hearing examiner is the final decision of the city, except where the
proposed project that is the subject of the hearing examiner's decision invol',es a school (FWCC 22 1 and
22 605), a community recreation arca (FWCC 22 1 and 22 607), a government facility (FWCC 22 1 and
22 610), a public utility (FWCC 22 1 and 22 609), or a public park (FWCC 22 1 and 22 611) located in a
SE (suburban estates), RS (single family residential), or RM (multifamily) zone, in which case the
hearing examiner's decision may be appealed to the city council in accordance with the provisions of
FWCC 22 116 through 22 456. (Ord. No. 90 13, ~ 2(115.1 05),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 71. Chapter 22, Article VI, Section 22-407, of the Federal Way City Code is hereby
repealed as follows:
22 407 Judieial review.
If the hearing examiner's decision affirming, modifying or reversing the director's decision denying
an application under this article is the final decision of the city, the hearing examiner's decision may be
reviewed pumuant to chapter 36.70C RC\V in the King County superior court. The land use petition must
be filed within 21 calendar days after issuance of the final land use decision of the city. (Ord. No. 90 13, ~
2(115.110),2 27 90; Ord. No. 97 291, ~ 3, 1 I 97)
SECTION 72. Chapter 22, Article VI, Section 22-408, of the Federal Way City Code is hereby
repealed as follows:
22 408 Lapse of approYRI Cenerally.
The applicant under this article must begin construction or submit to the city a complete building
permit application for the development acti'/ity, use of land or other actions approved under this article
within one year after the final decision on the matter, or the decision becomes void. The applicant must
substantially complete construction for the development activity, use of land, or other actions approved
under this article and complete the applicable conditions listed in the decision within five years after the
final decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to
FWCC 22 107 22 157, the time limits of this section are automatically extended by the length of time
bet\veen the commencement and final termination of that litigation. If the de'.'elopment activity, use of
land, or other actions approved under this article includes phased construction, the time limits of this
section may be extended in the decision on the application, to allovl for completion of subsequent phases.
(Ord. No. 90 13, ~ 2(115.115(1)),22790; Ord. No. 97 291, ~ 3,4 1 97)
SECTION 73. Chapter 22, Article VI, Section 22-409, of the Federal Way City Code is hereby
repealed as follows:
22 409 Lapse of approval Time extension.
(a) ,'\pplication. Prior to the lapse of approval under FWCC 22 108, the applicants may submit a
written application in the form of a letter with supporting documentation to the department of community
development scrvices requesting a one time extension of those time limits of up to one year.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress on the
development activity, use of land or other actions approved under this article and that circumstances
beyond the applicant's control prevent compliance with the time limits of FWCC 22 108.
Ordinance No 09-594
Page 29 of 68
(c) Fee. The applicant shall include, v/ith the letter ofrequest, the fee as established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Review process. fill application for a time extension will be reviewed and decided upon by the
director of comrrnlllity de';elopment services.
( e) ,'\ppeals. ,^.ny person who is aggrieved by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating hov, the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV, described in FWCC ~ ct seq. Pursuant to Chapter 36.70B RCW, any time limit upon the
city's processing and decision upon applications under this chapter may, except as otherwise specifically
stated in this chapter, be modified by a written agreement between the applicant and the director of
community development services. (Ord. No. 90 13, ~ 2(115.115),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 74. Chapter 22, Article VI, Section 22-410, of the Federal Way City Code is hereby
repealed as follows:
22 419 Bands.
The city may require a bond under FWCC 22 146 et seq. to insure compliance with any aspect of a
permit or approval. (Ord. No. 90 43, ~ 2(145.120),227 90; Ord. No. 97 291, ~ 3, ~ 1 97)
SECTION 75. Chapter 22, Article VI, Section 22-411, of the Federal Way City Code is hereby
repealed as follows:
22 411 Complete eomplisnee required.
(a) Generally. Except as specified in subsection (b) of this section, the applicant must comply with all
aspects, including conditions and restrietions, of an approval granted under this article in order to do
everything authorized by that approval.
(b) Exception, subsequent modification. If a specific use or site configuration for the subject property
','/as approved under this article or any quasi judicial process under a previous zoning code, the applicant
is not required to apply for and obtain approval through this article for a subsequent change in use or site
configuration unless:
(1) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(2) The director of community development services determines that there 'Jlill be substantial
changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 90 13, ~
2(115.125),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 76. Chapter 22, Article VII, Section 22-431, of the Federal Way City Code shall be
amended to read as follows:
22-431 Administration.
Various places in this chapter in the Code indicate that certain developments, activities or uses are
permitted only if approved using process IV. Certain appeals of agency decisions are also governed by
process IV. This article describes process IV.
All development applications subiect to this process and also subiect to the requirements of Article
XIX, Community Design Guidelines, shall first comply with process III as to those requirements, and
then proceed with process IV as to any other required review. Any appeal of the director's decision as to
Ordinance No 09-594
Page 30 of 68
Community Design Guidelines pursuant to this subsection shall be decided at the same time as and in
coniunction with the process IV review. If the development, use or activity that requires approval through
process II or III is part of a proposal that also requires approval through process IV, the entire proposal
will be decided upon using process IV, if the director determines that will result in more efficient decision
making.
Under process IV the hearing examiner will make the initial decision following a public hearing,
except that the director of community development services will make the initial decision on application
.^.rticle XIX, Community Design Guidelines. The hearing examiner will decide any appeals from the
director's decision concerning community design guidelines. City council will decide appeals from the
hearing examiner decision except for those decisions that are specifically designated as on the land use
element; the hearing examiner decision on an appeal of the director's decision concerning community
design guidelines may be reviewable in superior court pursuant to Chapter 36.70C RCW. (Ord. No. 90-
43, S 2(150.05), 2-27-90; Ord. No. 92-133, S 3(150.05),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 77. Chapter 22, Article VII, Section 22-432, of the Federal Way City Code is hereby
repealed as follows:
22 432 Proposals requiring approval through proeess IV.
If the development, use or activity that requires approval through process II or III is part of a proposal
that also requires approval through process IV, the entire proposal will be decided upon using process IV,
if the director of community development services determines that this will result in more efficient
decision making. (Ord. No. 90 13, ~ 2(150.10),22790; Ord. No. 92 133, ~ 3(150.10), 1 21 92; Ord. No.
97291,~3,1197)
SECTION 78. Chapter 22, Article VII, Section 22-433, of the Federal Way City Code is hereby
repealed as follows:
22 433 Purposes of Feyiew.
The site plan re',iew has the following purposes:
(1) To review the proposal for compliance 'Nith the pro';isions of this chapter and all other
applicable law.
(2) To help insure that the proposal is coordinated, as is reasonable and appropriate, with other
known or anticipated development on private properties in the area and '.'lith known or anticipated right
of way and other public improvement projects within the area.
(3) To encourage proposals that embody good design principles that will result in high quality
development on the subject property. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 79. Chapter 22, Article VII, Section 22-434, of the Federal Way City Code is hereby
repealed as follows:
22 434 Applieations.
(a) '\Tho may apply. ,\fly pef30n may, personally or through an agent, apply for a decision regarding
property he or she owns.
(b) Hovt to apply. The applicant shall file the follmving information with the department of
community development services:
(1) A completed application, with supporting affidavits, on forms provided by the department of
community development services.
Ordinance No 09-594
Page 310[68
(2) Two sets (three if compliance ';'/ith the State Environmental Policy Act is required) of stamped
envelopes with address labels obtained from the county, '.vithin the prior six months, containing the names
and addresses of the persons recei,..ing the property tax statements for properties within 300 feet of each
boundary of the subject property.
(3) ,^. copy of the county assessor's map identifying the properties specified in subsection (b)(2)
of this section.
(1) ,^.ny information or material that is specified in the provision of this chapter that describes the
applied for decision.
(5) ,^.Il information required by F'NCC .f2]l.
(6) ,'\ny additional information or material that the director of community development services
detennines is reasonably necessary for a decision on the matter.
(c) Fee. \Vith the application, the applicant shall submit the fee established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Completeness.
(1) \Vithin 28 calendar days of receiving an application, the city must determine whether the
application is complete. The city will apply FWCC n..Jl to determine completeness. If the city deems
the application to be complete, a letter of completeness must be issued prior to the 28 day deadline. If the
city determines the application to be incomplete, the city shall notify the applicant of what needs to be
submitted for a complete application prior to the 28 day deadline. In this written determination, the city
shall also identify, to the extent Imown to the city, the other agencies of local, state, or federal government
that may have jurisdiction over some aspect of the proposed deYelopment activity. ,^.n application shall be
deemed complete under this section if the city docs not provide a ',witten determination to the applicant as
required in this paragraph.
(2) Within 11 days after an applicant has submitted the additional information identified by the
city as being necessary f-or a complete application, the city shall notify the applicant whether the
application is complete or whether additional inf-ormation is necessary.
(c) Additional information. l\ determination of completeness shall not preeIude the city from
requesting additional information or studies, either at the time of the letter of completeness or
subsequently, if new information is required or substantial changes in the proposed action occur. (Ord.
No. 90 13, S 2(150.15),227 90; Ord. No. 92 133, S 3(150.15), 4 21 92; Ord. No. 97291, S 3,4 1 97;
Ord. No. 00 375, S 13, 10 3 00)
SECTION 80. Chapter 22, Article VII, Section 22-435, of the Federal Way City Code shall be
amended to read as follows:
22-435 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1) All application materials submitted by the applicant.
(2) The staff report~.
(3) All written comments received on the matter.
(4) The electronic recording of the any public hearing on the matter.
(5) The decision of the hearing examiner.
(6) If the decision of the hearing examiner is appealed, the following will be included in the file:
a. The lettef notice of appeal.
b. All written comments submitted regarding the appeal.
c. The staff report on the appeal.
d. The electronic sound recording and minutes of the hearing on the appeal.
e. The decision of the city council on the appeal.
Ordinance No 09-594
Page 32 of 68
(7) Any other information relevant to the matter, including any agency decision and notice of
appeal.
(b ) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development services during regular business hours. (Ord. No. 90-43, S
2(150.25),2-27-90; Ord. No. 92-133, S 3(150.25),4-21-92; Ord. No. 97-291, S 3, 4-1-97)
SECTION 81. Chapter 22, Article VII, Section 22-436, of the Federal Way City Code shall be
amended to read as follows:
22-436 Notice.
(1) Contents. The director of community de'lelopment services shall prepare the following notices as
applicable:
(a) Notice of application. A notice of application shall contain:
(i) The name of the applicant and, if applicable, the project name and file number.
(ii) The date of application, the date of the notice of completion for the application, and tlie
date-ef the notice of application.
(iii) The street address of the subject property or, if this is not available, a description of the
location of the property in non-legal language. Except for notice~ published in a newspaper of general
circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(iv) A brief description of the requested decision, including a citation to the provision of this
chapter governing the request, a list of the project permits included in the application and, if applicable, a
list of any studies requested. To the extent known by the city, the notice shall include any other permits
which are not included in the application.
(v) A statement of the availability of the official file.
(vi) A statement of the right of any person to submit written comments to city staff or the
hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally.
(vii) The identification of existing environmental documents that evaluate the proposed
project and the location where the application and any studies can be reviewed.
(viii) A statement of the preliminary determination, if one has been made at the time of
notice, of those development regulations that will be used for project mitigation and of consistency as
provided in RCW 36.70B.040.
(b) Notice of public hearing. In addition to the information specified in the notice of application,
the notice of public hearing shall include the following:
(i) The date, time, and place of the public hearing.
(ii) A statement of the right of any person to submit written comments to the hearing
examiner and to appear at the public hearing of the hearing examiner to give comments orally and the
right to request a copy of the decision once made. For agency decision appeals this right is limited to
those entitled to appeal.
(iii) A statement that only the applicant, persons who submit written or oral comments to the
hearing examiner, or persons who specifically request a copy of the written decision may appeal may
appeal the hearing examiner's decision.
(c) Notice of agency decision appeal. A notice of an agency decision appeal shall contain:
(i) The file number and a brief description of the matter being appealed.
(ii) A statement of the scope of the appeal. including a summary of the errors alleged and
specific factual findings and conclusions disputed in the letter of appeal.
(iii) The date, time, and place of the public hearing on the appeal.
(iv) A statement of who may participate in the appeal.
(v) A statement of how to participate in the appeal.
Ordinance No 09-594
Page 33 o{68
(2) Distribution. The director of eommunity de';elopment services shall distribute these notices as
follows:
(a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the
director of community dcvelopment services shall distribute the notice of application as follows:
(i) A copy of the notice of application will be published in a newspaper of general circulation
in the city;
(ii) At least three copies of the notice of application will conspicuously posted on or near the
subject property. Of these, at least one will be posted on or adjacent to every public right-of-way
providing primary vehicular access to any property that abuts the subject property;
(iii) A copy of the notice will be posted on each of the official notification boards of the city
and public libraries within the city;
(iv) A copy will be mailed to the persons receiving the property tax statements for all
property within 300 feet of each boundary of the subj ect property.
(b) Notice of public hearing. The director of eommunity development services shall distribute the
notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of
application except no posting needs to be done on or near the subiect property. as folIO'I.vs:
(i) ,\ copy will be mailed to the persons receiving the property tax statements for all property
"vithin 300 feet of each boundary of the subject property;
(ii) ,\ copy will be published in a newspaper of general circulation of the city;
(iii) ,A. copy will be posted on each of the official notification boards of the city and public
libraries within the city.
( c) Agency decision appeals. Distribution of notices involving an agency decision appeal shall
occur at least 10 calendar days before the hearing on the appeal, and shall be mailed to each person
entitled to appeal the decision. No further distribution is required for agency decision appeals.
(3) Public notification sign. Except for in agency decision appeals, the +he applicant shall erect at
least one public notification sign which complies with standards developed by the department ef
community development services within 14 calendar days of the issuance of the letter of completeness.
This sign shall be located on or near the subject property facing the right-of-way or vehicle access
.easement or tract providing direct vehicle access to the subject property. The director of community
development services may require the placement of additional public notice signs on or near the subject
property if he or she determines that this is appropriate to provide notice to the public. The sign shall be
removed within seven calendar days after the final decision of the city on the matter.
(1) Timing for signs. The publie notification sign or signs must be in place within 11 calendar days of
issuing tho letter of completeness and removed within seven calendar days after the final decision of the
city on the matter. (Ord. No. 90-43, S 2(150.30), 2-27-90; Ord. No. 92-133, S 3(150.30), 4-21-92; Ord.
No. 97-291, S 3,4-1-97; Ord. No. 01-399, S 3, 8-7-01)
Cross-reference: FWCC 18-51
SECTION 82. Chapter 22, Article II, Section 22-437, of the Federal Way City Code shall be amended
to read as follows:
22-43-14.5 Compliance with the State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each application and, where
applicable, comply with the State Environmental Policy Act and with state regulations and city
ordinances issued under the authority of the State Environmental Policy Act. Where a threshold
determination under the State Environmental Policy Act is required, the responsible official shall issue his
or her determination at lea$t 29 days prior to the hearing before the hearing examiner to allow any appeal
of the threshold determination to be consolidated with the hearing on the application for process IV
Ordinance No 09-594
Page 34 of 68
approval. (Ord. No. 90-43, S 2(150.20), 2-27-90; Ord. No. 92-133, S 3(150.20), 4-21-92; Ord. No. 97-
291, S 3,4-1-97)
SECTION 83. Chapter 22, Article VII, Section 22-438, of the Federal Way City Code is hereby
repealed as follows:
22 438 Community design guidelines.
(a) ,'\pplicability. ?ll commercial, office, industrial, institutional, and multifamily development
applications are subject to the requirements of ,^.rticle XIX, Community Design Guidelines. ,'\pplications
for remodeling and expansion of an existing developments shall meet only those provisions of this article
that are determined by the director of community development services to be reasonably related and
applicable to the area of expansion or remodeling.
(b) Director's decision. Within 10 working days after the deadline for submitting comments and after
considering all of the information and comments submitted on the application, the director of eommunity
development services shall issue a '.vritten decision.
(c) Decisional criteria. The director of community development services shall use the criteria listed in
the provision of this chapter describing the requested decision in deciding upon the application. In
addition, the director of community development services may approve the application only if:
(1) It is consistent with the site design standards set forth for all zoning districts in FWCC 2L
~
-,
(2) It is consistent with applicable supplemental guidelines set forth in FWCC 22 1638; and
(3) For dc',elopment applications for remodeling or expansion of an existing de',elopment, it is
consistent with those provisions of ,^.rticle XIX, Community Design Guidelines, identified by the director
of community development services as being applicable.
(d) Conditions and restrictions. The director of community development services shall include in the
written decision any conditions and restrictions that he or she determines are reasonably necessary to
eliminate or minimize any undesirable effects of granting the application. ,'\ny conditions and restrictions
that are ine1uded become part of the decision.
(e) Contents. The director of community development services shall include the following in the
written decision:
(1) ^ statement granting, modifying and granting, or denying the application.
(2) ,'\ny conditions and restrictions that are imposed.
(3) ,,\ statement of facts presented to the director of community development services that support
the decision, including any conditions and restrictions that are imposed.
( 1) ,A. statement of the director's conclusions based on those facts.
(5) ,A. statement of the criteria used by the director of community development services in making
the decision.
(6) The date of the decision.
(7) ,,\ summary of the rights, as established in this article, of the applicant, and others to appeal
the decision and/or conditions of the director of community development services.
(8) The identification of existing environmental documents that eyaluate the proposed project and
the location where the application and any studies can be reviewed.
(9) ,^. statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation and of consistency as provided in
RC'N 36.70B.040.
(f) Distribution of written decision. The written decision of the director of community development
services is issued, it shall be distributed as follows:
(1) ,,\ copy v/ill be mailed to the applicant.
Ordinance No 09-594
Page 35 of 68
(2) ,A. copy will be mailed to each person who submitted written comments or information to the
director of community dc,..elopmcnt services.
(3) ,\ copy will be mailed to any person who has specifically requested it.
(1) ,\ copy will be mailed to the King County assessor.
(g) Effect of the decision. The applicant may not engage in any activity based on the decision until the
third working day aftcr thc time to appeal has expired. If the decision is appealed, the applicant may not
engage in any activity based on the decision until the third v/orking day after the city issues a final
decision on the matter. If the decision of the director of community development services is not appealed,
that decision is the final decision of the city.
(h) ,^.ppeals.
(1) Who may appeal. The decision and/or conditions of the director of community development
services related to the community design guidelines may be appealed by any person who is to receive a
copy of that decision under FWCC ~(f).
(2) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to
the department of community dcyelopment services 'Nithin 11 calendar days after issuance of the decision
of the director of community development services. The letter of appeal must contain:
a. ,\ statement identifying the matter being appealed, along with a copy of the decision;
b. ,\ statement of the alleged errors in the director's decision, including specific factual
findings and conclusions of the director of community development services disputed by the person filing
the appeal; and
c. Thc appellant's name, address, telephone number and fax number, and any other
information to facilitate communicating with the appellant.
(3) Fees. The person filing the appeal shall include, with the letter of appeal, the fee as established
by the city. The appeal will not be accepted unless it is accompanied by the required fee.
(1) Jurisdiction. ,\ppeals of the decision of the director of community development services will
be heard by thc hearing examiner.
(5) ,'\ppeal hearing timing. ,^.n appeal of a decision of the director of community dcvelopment
services will bc heard on the same date as the public hearing for the application being processed pursuant
to this scction.
(6) Notice of appeal hearing. The notice of the appeal hearing shall be included in the notice of
public hearing for the application being processed pursuant to this section. The notice of appeal hearing
shall include:
a. The file number and a brief description of the matter being appealed;
b. ,A. statement of the scope of the appeal, including a summary of the alleged errors in the
director's decision, including specific factual findings and conclusions disputed in the letter of appeal;
c. The date, time, and place of the public hearing on the appeal;
d. .^i statement of who may participate in the appeal; and
e. ,,\ statemcnt of how to participate in the appeal.
(7) The provisions of FWCC 22 399 through 22 106 shall apply to appeals filed under this
section. (Ord. No. 97 291, ~ 3, 1 1 97; Ord. No. 99 333, ~ 3, 1 19 99;Ord. No. 00 375, ~ 11,10300)
SECTION 84. Chapter 22, Article VII, Section 22-439, of the Federal Way City Code shall be
amended to read as follows:
22-439 Staff report.
(a) Contents. The director of community development services shall prepare a staff report concerning
the application or agency decision appeal. being proccssed pursuant to this section. The staff report shall
containing the following information:
(1) All pertinent application materials, including any notice of appeal and any agency decision.
Ordinance No 09-594
Page 36 of 68
(2) All written comments regarding the matter received by the department of community
development services prior to distribution of the staff report.
(3) An analysis of the application under the any relevant provisions of this chapter and the
comprehensive plan.
(4) A statement of the facts found by the director of community development services and the
conclusions drawn from those facts, including an analysis of any alleged errors or disputed findings or
conclusions in an agency decision appeal.
(5) A recommendation on the matter.
(b) Distribution. At least seven calendar days before the hearing, the director of community
development services shall distribute the staff report to the hearing examiner, the applicant, the appellant,
any person who specifically requested it, and in an appeal any person who requested the agency's
decision. as follows:
(I) .^. copy will be sent to the hearing examiner.
(2) ,,\ copy will be sent to the applicant.
(3) A copy will be sent to any person who has specifically requested it. (Ord. No. 90-43, S
2(150.35),2-27-90; Ord. No. 92-133, S 3(150.35),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 85. Chapter 22, Article VII, Section 22-440, of the Federal Way City Code shall be
amended to read as follows:
22-440 Public hearing.
(aD Generally. The hearing examiner shall hold a ~ hearing on each application that is open to
the public. The hearing examiner shall make a complete electronic sound recording of each public
hearing.
(b) Open to public. The hearings of the hearing examiner are open to the public.
(2) Participation. Any person may participate in a public hearing under this process, except those
involving agency decision appeals. Only those persons entitled to appeal may participate in the appeal.
Participation is accomplished through either or both of the following ways:
(a) By submitting written comments to the hearing examiner, either by delivering these comments
to the department of community development services prior to the hearing or by giving these directly to
the hearing examiner at the hearing.
(b) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
(3) Continuation. The hearing examiner may continue the hearing if, for any reason, he or she is
unable to hear all of the public comments on the matter or if the hearing examiner determines that he or
she needs more information on the matter. If. during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing
room, no further notice of that hearing need be given. (Ord. No. 90-43, S 2(150.40), 2-27-90; Ord. No.
92-133, S 3(150.40), 4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 86. Chapter 22, Article VII, Section 22-441, of the Federal Way City Code is hereby
repealed as follows:
22 441 Eleetronie sound reeording.
The hearing examiner shall make a complete electronic sound recording of cach public hearing. (Ord.
No. 90 13, ~ 2(150.15),22790; Ord. No. 92 133, ~ 3(150.15), 1 21 92; Ord. No. 97 291, ~ 3, 4 1 97)
Ordinance No 09-594
Page 37 of68
SECTION 87. Chapter 22, Article VII, Section 22-442, of the Federal Way City Code shall be
amended to read as follows:
22-442 Burden of proof.
The applicant has the responsibility of com'incing persuading the hearing examiner ~
preponderance of the evidence that, under the provision of this article, the applicant is entitled to the
requested decision. The hearing examiner may take notice of (a) any iudicially cognizable facts, (b)
technical or scientific facts within the agency's specialized knowledge, and (c) codes or standards that
have been adopted by an agency of the United States, of this state or of another state. or by a nationally
recognized organization or association. The hearing examiner shall give great deference to the agency's
interpretation of its own properly promulgated regulations, matters within its expertise, and procedural
determinations. (Ord. No. 90-43, S 2(150.50),2-27-90; Ord. No. 92-133, S 3(150.50),4-21-92; Ord. No.
97-291, S 3, 4-1-97)
SECTION 88. A new section is added to Chapter 22, Article VII, of the Federal Way City Code to
read as follows:
22-442.5 Scope of al!encv decision appeals.
The scope of agency decision appeals is limited to the errors of law raised or the specific factual
findings and conclusions disputed in the notice of appeal. The hearing examiner may only consider
evidence, testimony, or comments relating to errors of law raised or the disputed findings and
conclusions. The hearing examiner also may not consider any request for modification or waiver of
applicable requirements of this chapter or any other law.
SECTION 89. Chapter 22, Article VII, Section 22-443, of the Federal Way City Code is hereby
repealed as follows:
22 443 Pablie eomments and partieipation at the hearing.
illY person may participate in the public hearing in either or both of the following ways:
(1) By submitting ',vritten comments to the hearing examiner, either by deli';ering these comments
to the department of community de'lelopment services prior to the hearing or by giving these directly to
the hearing examiner at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90 13, ~ 2(150.55), 2 27 90; Ord.
No. 92 133, ~ 3(150.55), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 90. Chapter 22, Article VII, Section 22-444, of the Federal Way City Code is hereby
repealed as follows:
22 444 Continuation of the hearing.
The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of
the public comments on the matter or if the hearing examiner determines that he or she needs more
information on the matter. If, during the hearing, the hearing examiner announces the time and place of
the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further
Ordinance No 09-594
Page 38 of 68
notice of that hearing need be given. (Ord. No. 90 13, ~ 2(150.60), 2 27 90; Ord. No. 92 133, ~
3(150.60),1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 91. Chapter 22, Article VII, Section 22-445, of the Federal Way City Code shall be
amended to read as follows:
22-445 Hearing examiner's decision.
(a) General. After considering all of the information and comments submitted on the matter, the
hearing examiner shall issue a written decision. In an agency decision appeal, the examiner shall affirm,
reverse, or modify the decision being appealed based on the hearing examiner's findings and conclusions.
Subsections c, d, and e of this section do not apply to agency decision appeals.
(b) Timing.
(1) Unless a longer period is agreed to by the applicant, the hearing examiner fffil5t shall issue the
decision within 10 working days after the close of the public hearing.
(2) The hearing examiner will endeavor to issue his or her decision on the land use and design
components of the process IV project permit approval within 120 days of the issuance of the letter of
completeness issued pursuant to 22-433(d), except that the following periods shall not be included in the
calculation of the 120-day period:
a. Any period during which the applicant has been requested by the city to correct plans,
perform required studies, or provide additional required information. In these instances, the period
excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need
for additional information and run until the earlier of the date the city determines whether the additional
information satisfies the request for information or 14 days after the date the information has been
provided to the city. If the city determines that the information submitted by the applicant under this
paragraph is insufficient, it shall notify the applicant of the deficiencies and the procedures under this
paragraph shall apply as if a new request for studies had been made.
b. Any period during which an environmental impact statement is being prepared following a
determination of significance pursuant to Chapter 43.21 C RCW.
c. Any period for administrative appeals of the SEP A threshold determination, provided that
the time period for consideration of such appeals shall not exceed 90 days for an open record appeal
hearing. The parties to an appeal may agree to extend the 90-day period.
d. Any extension of time mutually agreed upon by the applicant and the city.
The 120-day time period does not apply if a project permit application under this article requires
an amendment to the comprehensive plan or this chapter; requires approval of a new fully contained
community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or
the siting of an essential public facility as provided in RCW 36.70A.200; or if a project permit application
under this article is substantially revised by the applicant, in which case the time period shall start from
the date at which the revised project application is determined to be complete under FWCC 22 388. 22-
33.5.
If the hearing examiner is unable to issue his or her decision on the land use or design review
components of a process IV project permit application as provided in this paragraph, the city shall provide
written notice of this fact to the applicant. The notice shall include a statement of reasons why the
decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of
final decision.
(c) Decision criteria. The hearing examiner shall use the criteria listed in the provision of this chapter
describing the requested decision in deciding upon the application. In addition, the hearing examiner may
approve the application only if:
(1) It is consistent with the comprehensive plan;
(2) It is consistent with all applicable provisions of this chapter and all other applicable laws;
Ordinance No 09-594
Page 39 of 68
(3) It is consistent with the public health, safety and welfare;
(4) The streets and utilities in the area of the subject property are adequate to serve the anticipated
demand from the proposal; and
(5) The proposed access to the subject property is at the optimal location and configuration for
access.
(d) Conditions and restrictions. The hearing examiner shall include in the written decision any
conditions and restrictions that the examiner determines are reasonably necessary to eliminate or
minimize any undesirable effects of granting the application. Any conditions and restrictions that are
imposed become part of the decision.
(e) Contents. The hearing examiner shall include the following in the examiner's written decision:
(1) A statement granting, modifying and grantin& or denying the application.
(2) Any conditions and restrictions that are imposed.
(3) A statement of facts presented to him or her that support the decision, including any
conditions and restrictions that are imposed.
(4) A statement of the hearing examiner's conclusions based on those facts.
(5) A statement of the criteria used by the hearing examiner in making the decision.
(6) The date of issuance ofthe decision and a summary of the rights, as established in this article,
of the applicant and others to appeal the decision of the hearing examiner.
(7) A statement of any threshold determination made under the State Environmental Policy Act,
Chapter 43.21C RCW.
(8) A statement that affected property owners may request a change in valuation for property tax
purposes notwithstanding any program of revaluation.
(f) Distribution of written decision. Within five working days after the hearing examiner's written
decision is issued, the director of community dcyelopment services shall distribute the decision as
follows:
(1) A copy will be mailed to the applicant and the appellant.
(2) A copy will be mailed to each person who submitted written or oral testimony to the hearing
exammer.
(3) A copy will be mailed to any person who has specifically requested it.
(4) A copy will be mailed to the King County assessor.(Ord. No. 90-43, S 2(150.65), 2-27-90;
Ord. No. 92-133, S 3(150.65),4-21-92; Ord. No. 97-291, S 3,4-1-97)
Editor's note - Ordinance No. 97-291, S 3, adopted April 1, 1997, deleted S 22-445. Formerly, such
section pertained to request for reconsideration and derived from Ord. No. 90-43, S 2(150.75), 2-27-90;
Ord. No. 92-133, S 3(150.75), 4-21-92.
SECTION 92. Chapter 22, Article VII, Section 22-446, of the Federal Way City Code shall be
amended to read as follows:
22-446 Final decisions and effect Effeet of the decision.
Upon a decision becoming final, the applicant may engage in activity based on the decision, provided
applicable permits have been approved. If a decision of the hearing examiner is the final decision of the
city it may be reviewed under 22-456. Where the hearing examiner's decision is not the final decision of
the city, the decision may be appealed under 22-447 and is subiect to subsection 2 of this section.
(1 ) Agency decision appeals. The decision by the hearing examiner on an agency decision appeal
is the final decision of the city, except where the proposed proiect involves:
. (a) An approval, other than a site plan approval, involving a school (FWCC 22-605), a
community recreation area (FWCC 22-607), a government facility (FWCC 22-610), a public utility
(FWCC 22-609), or a public park (FWCC 22-611) located in a SE (suburban estates), RS (single-family
residential), or RM (multifamily) zone; or
Ordinance No 09-594
Page 40 of 68
(b) A site plan approval for a public utility located in a BN (neighborhood business), BC
(community business), or OP (office park) zone
(c) SEP A appeals under Chapter 18.
(2) Other cases. In cases not subiect to subsection I of this section. decisions of the hearing
examiner become final:
(a) If no appeal of the hearing examiner's decision is submitted within the appeal period. on
the first calendar day following the expiration of the 14 calendar day appeal period;
(b) If a written notice of appeal of the hearing examiner's decision is received within the
appeal period. when the city issues a final decision after the appeal process is complete.
Decisions become final subject to the following:
(1) If a written notice of appeal is received within the appeal period, the decision shall not
become final until the appeal process is complete and the city issues a final decision.
(2) If no appeal is submitted within the 11 calendar day appeal period, the decision shall become
final on the first calendar day follO\ving the expiration of the appeal period. (Ord. No. 90-43, S 2(150.70),
2-27-90; Ord. No. 92-133, S 3(150.70),4-21-92; Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 15, 10-
3-00)
SECTION 93. Chapter 22, Article VII, Section 22-447, of the Federal Way City Code shall be
amended to read as follows:
22-447 Appeals of the Hearin2 Examiner's decision.
(l) Who may appeal. The decisions of the hearing examiner which are not the final decision of the
City. may be appealed by the applicant, persons who submit written or oral comments to the hearing
examiner, ef persons who specifically request a copy of the written decision, or by the City.
(2) How and when to appeal. The appeal, in the form of a letter A written notice of appeal, must be
delivered to the department of community development services within 14 calendar days after issuance of
the decision of the director of community development services. The appeal must be accompanied by
cash or a check. payable to the city of Federal Way. in the amount of the fee as established by the city.
The letter notice of appeal must contain:
(a) A statement identifying the decision being appealed, along with a copy of the decision;
(b) A statement of the alleged errors in the hearing examiner's decision, including specific factual
findings and conclusions of the hearing examiner disputed by the person filing the appeal; and
(c) The appellant's name, address, telephone number and fax number, and any other information
to facilitate communications with the appellant.
(3) Transcript Fee. The person filing the appeal shall include, with the letter of appeal, the fee
established by the city.
(a) In addition to the appeal fee, the appellant shall either pay an amount sufficient to cover the
cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour~~
(b) In lieu of payment of the transcript preparation costs, the appellant may choose to or make
separate arrangements to prepare the transcript from tapes of the hearing provided by the city, at
appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for
distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by
an affidavit or certification by the appellant as to the accuracy and completeness of the transcript.
(c) The appeal will not be accepted unless it is accompanied by the required fee and appropriate
oost&
(d) The cost of the transcript shall be refunded to the appellant if the appellant substantially
prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and
that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation
as follows:
Ordinance No 09-594
Page 41 0.f68
(i) City staff preparation. Hourly cost of preparation.
(ii) Appellant preparation from tapes. Actual costs as shown by certified receipt or other
evidence sufficient to the city.
(4) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council.
(Ord. No. 90-43, S 2(150.80),2-27-90; Ord. No. 92-133, S 3(150.80),4-21-92; Ord. No. 97-291, S 3,4-1-
97)
SECTION 94. Chapter 22, Article VII, Section 22-448, of the Federal Way City Code shall be
amended to read as follows:
22-448 Notice of the appeal hearing.
(a) Contents. The director of community development services shall prepare a notice of the appeal
containing the following:
(1) The file number and a brief description of the matter being appealed.
(2) A statement of the scope of the appeal, including a summary of the specific factual findings
and conclusions disputed in the letter of appeal.
(3) The date, time and place of the city council public hearing on the appeal.
(4) A statement of who may participate in the appeal.
(5) A statement of how to participate in the appeal.
(b) Distribution. At least 10 calendar days before the hearing on the appeal, the director of community
development shall send a copy of this notice to each person entitled to appeal the decision under FWCC
22116. (Ord. No. 90-43, S 2(150.85),2-27-90; Ord. No. 92-133, S 3(150.85),4-21-92; Ord. No. 97-291,
S 3,4-1-97)
SECTION 95. Chapter 22, Article VII, Section 22-449, of the Federal Way City Code is hereby
repealed as follows:
22 449 Partieipatian in the appeal.
Only those persons entitled to appeal the decision under FWCC 22 117 may participate in either or
both of the following ways:
(1) By submitting v/ritten comments to the department of community development prior to the
hearing or to the city council at the hearing.
(2) By appearing in person, or through a representati'.'e, at the hearing and making oral comments
directly to the city council. The council may reasonably limit the extent of the oral comments to facilitate
the orderly and timely conduct of the hearing. (Ord. No. 90 13, S 2(150.90),22790; Ord. No. 92 133, S
3,1 21 92; Ord. No. 97291, S 3, 1 1 97)
Editor's note Ordinance No. 97291, S 3, adopted ,^.pril 1, 1997, deleted S 22 119. Formerly, such
section pertained to scope of the appeal and derived from Ord. No. 90 13, S 2(150.95),22790; Ord. No.
92 133, S 2, 1 21 92.
SECTION 96. Chapter 22, Article VII, Section 22-450, of the Federal Way City Code shall be
amended to read as follows:
22-450 Staff report on the appeal.
(a) Contents. The director of community development shall prepare documents on the appeal
containing the following:
(1) The staff report prepared for the public hearing before the hearing examiner.
Ordinance No 09-594
Page 42 of 68
(2) The written decision of the hearing examiner.
(3) All written comments submitted to the hearing examiner.
(4) A summary of the comments and information presented to the hearing examiner, a statement
of the availability of the electronic sound recording of the hearing, and a written transcript of the hearing
examiner's proceedings.
(5) The letter notice of appeal.
(6) All written comments received by the department of community development from persons
entitled to participate in the appeal and within the scope of the appeal.
(7) An analysis of the alleged errors and the specific factual findings and conclusions disputed in
the letter of appeal.
(b) Distribution. At least seven calendar days before the hearing. the +he director of community
development services shall distribute copies of the staff report on the appeal to the following people: each
member of the city council, the applicant. the appellant. any person who specifically requested it. in an
appeal any person who requested the director's decision. and in an appeal the underlying applicant if
different than the appellant. documents as follm-vs:
(1) Prior to the hearing, a copy will be sent to each member ofthe city council.
(2) .^.t least seyen calendar days before the hearing, a copy will be sent to:
a. The applicant;
b. The person who filed the appeal; and
c. Each person who received a copy of the hearing examiner's decision. (Ord. No. 90-43, S
2(150.100),2-27-90; Ord. No. 92-133, S 3(150.100),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 97. Chapter 22, Article VII, Section 22-451, of the Federal Way City Code shall be
amended to read as follows:
22-451 Closed record appeal.
(aD Generally. The city council shall hold a closed record appeal hearing, as defined in RCW
36. 70B.020( 1 ), that is open to the public. The city council shall make a complete electronic sound
recording of the hearing.
(2) Participation. Only those persons entitled to appeal the decision of the hearing examiner may
participate in either or both of the following ways:
(a) By submitting written comments to the department of community development prior to the
hearing or to the city council at the hearing.
(b) By appearing in person, or through a representative. at the hearing and making oral comments
directly to the city council. The council may reasonably limit the extent of the oral comments to facilitate
the orderly and timely conduct of the hearing.
(3) Continuation. The city council may continue the hearing if. for any reason. he or she is unable to
hear all of the public comments on the matter or if the hearing examiner determines that he or she needs
more information on the matter. If. during the hearing. the hearing examiner announces the time and place
of the next hearing on the matter and a notice thereof is posted on the door of the hearing room. no further
notice of that hearing need be given.
(b )Open to public. The hearings of the city council are open to the public. _
(c.J.) Scope of appeal. The scope of the appeal is limited to the specific errors raised or factual findings
disputed in the letter of appeal. The city council shall consider only the follo';'ling:
(la) The~ information received from the director of community de,..clopment scrvices pursuant to
FWCC 22 '150;
(2b.) The record before the hearing examiner, including exhibits and evidence admitted by the
hearing examiner;
Ordinance No 09-594
Page 43 of 68
(3) ,^.ppeal argument by the appellant, any person '.vho commented to or testified before the
hearing examiner, or other persons pro'/ided that appeal argument shall address only the issues raised by
the letter of appeal and evidence, if any, allowed under FWCC 21.ill( c)( 1); and
(1) NeVI evidence that was not presented to or considered by the hearing examiner, but only if
that evidence:
(i) Relates to the yalidity of the hearing examiner's decision at the time it was made and the
party offering the new evidence did not know, and was under no duty to discover_or could not reasonably
have discovered the evidence until after the hearing examiner's decision; or
(ii) The hearing examiner improperly excluded or omitted the evidence from the record. (Ord.
No. 90-43, S 2(150.105),2-27-90; Ord. No. 92-133, S 3(150.105),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 98. A new section is added to Chapter 22, Article VII, of the Federal Way City Code to
read as follows:
22-451.5 Scope of appeal.
The scope of the appeal is limited to the errors of law raised or the specific factual findings and
conclusions disputed in the notice of appeal. The city council shall consider only the following:
(I) The staff report on appeal;
(2) The record before the hearing examiner, including exhibits and evidence admitted by the
hearing examiner;
(3) Evidence within the scope of the appeal that was not presented to or considered by the hearing
examiner, but only if:
(a) At the time of the hearing examiner's decision the party offering the evidence did not
know of the evidence, was under no duty to discover the evidence, and could not have reasonably
discovered the evidence; or
(b) The hearing examiner improperly excluded or omitted the evidence from the record.
(4) Arguments within the scope of the appeal by persons allowed to participate in the appeal.
SECTION 99. Chapter 22, Article VII, Section 22-452, of the Federal Way City Code is hereby
repealed as follows:
22 452 Eleetronie sOl:lBd reeordings.
The city council shall make a complete electronic sound recording of each hearing. (Ord. No. 90 13,
~ 2(150.110),22790; Ord. No. 92 133, ~ 3(150.110), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 100. Chapter 22, Article VII, Section 22-453, of the Federal Way City Code shall be
amended to read as follows:
22-453 Burden of proof.
The person filing the appeal has the responsibility of convincing persuading the city council by a
preponderance of the evidence that the hearing examiner's decision contains an error of law or that its
findings of fact or conclusions are incorrect. (Ord. No. 90-43, S 2(150.115), 2-27-90; Ord. No. 92-133, S
3(150.115),4-21-92)
SECTION 101. Chapter 22, Article VII, Section 22-454, of the F ederal Way City Code is hereby
repealed as follows:
Ordinance No 09-594
Page 44 of 68
22 454 Continuation of the hearing.
The city council may continue the hearing if, for any reason, it is unable to hear all of the public
comments on the appeal or if the city council determines that it needs more information within the scope
of the appeal. If, during the hearing, the time and place of the next public hearing on the matter is
announced and a notice thereof is posted on the door of the hearing room, no further notice of that hearing
need be given. (Ord. No. 90 13, ~ 2(150.120),22790; Ord. No. 92 133, ~ 3(150.120),1 21 92)
SECTION 102. Chapter 22, Article VII, Section 22-455, of the Federal Way City Code shall be
amended to read as follows:
22-455 Decision on the appeal.
ill After considering the matter as provided in FWCC 451.5 22 451(c), the city council shall, by
motion approved by a majority vote of members present, take one of the following actions:
(-l-~) If city council determines that the disputed findings of fact and conclusions are the correct
findings of fact and conclusions, the council shall affirm the decision.
(~Q) If city council determines that the disputed findings of fact and conclusions are not correct
and that correct findings of fact and conclusions do not support the decision of the hearing examiner, the
council shall modify or reverse the decision.
(~2) Notice of decision.
fa} General. Within 2 working days after Follo'.ving the final decision of the city council, the
director of community development services shall prepare a notice of the city's final decision on the
application. To the extent the decision does not do so, the notice shall include a statement of any threshold
determination made under the State Environmental Policy Act, Chapter 43.21C RCW, and a statement
that the affected property owners may request a change in valuation for property tax purposes
notwithstanding any program of revaluation.
fb} Distribution. Within two working days after the city council's decision is made, the director
of community dcyelopment services shall distribute the notice of the decision as follows:
1. A copy will be mailed to the applicant.
2. A copy will be mailed to the person who filed the appeal.
3. A copy will be mailed to any person who submitted written or oral comments to the city
council.
4. A copy will be mailed to the King County assessor.
(4.l) Effect. The decision of city council is the final decision of the city. (Ord. No. 90-43, S 2
(150.125),2-27-90; Ord. No. 92-133, S 3(150.125),4-21-92; Ord. No. 97-291, S 3,4-1-97)
SECTION 103. Chapter 22, Article VII, Section 22-456, of the Federal Way City Code shall be
amended to read as follows:
22-456 Judicial review.
The final decision aetiefl of the city in granting or denying an application or an appeal under this
article may be review~d pursuant to Chapter 36.70C RCW in the King County superior court. The land
use petition must be filed within 21 calendar days after the final land use decision of the city. Provided
that final decisions involving multifamily housing tax exemptions may be appealed to the King County
superior court in accordance with the procedures in RCW 34.05.510 through 34.05.598, as provided in
RCW 84.14.110(2), within 30 days after issuance of the decision of the hearing examiner. (Ord. No. 90-
43, S 2(150.130), 2-27-90; Ord. No. 92-133, S 3(150.130),4-21-92; Ord. No. 97-291, S 3, 4-1-97)
Ordinance No 09-594
Page 45 of 68
SECTION 104. Chapter 22, Article VII, Section 22-457, of the Federal Way City Code is hereby
repealed as follows:
22 457 Lapse of approval Cenerally.
The applicant must begin construction or submit to the city a complete building permit application for
the development activity, use of land or other actions approved under this article \vithin one year after the
final decision on the matter, or the decision becomes void. The applicant must substantially complete
construction for the development acti'/ity, use of land, or other actions approyed under this article and
complete the applicable conditions listed in the decision within fiye years after the final decision of the
city on the matter, or the decision becomes void. If litigation is initiated pursuant to FWCC 22 156, the
time limit of this section are automatically extended by the length of time between the commencement
and final termination of that litigation. If the de',elopment activity, use of land, or other actions approved
under this article includes phased construction, the time limits of this section may be extended in the
decision on the application. (Ord. No. 90 13, ~ 2(150.135(1)),22790; Ord. No. 92 133, ~ 3(150.135(1)),
1 21 92; Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 105. Chapter 22, Article VII, Section 22-458, of the Federal Way City Code is hereby
repealed as follows:
22 458 Lapse of appro'/al Time extension.
(a) J\pplication. Prior to the lapse of approval under FWCC 22 157, the applicants may submit a
written application in the form of a letter with supporting documentation to the department of community
development services requesting a one time extension of those time limits of up to one year.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress on the
development activity, use of land or other actions approved under this article and that circumstances
beyond the applicant's control prevent compliance with the time limits ofFWCC 22 157.
(c) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Review process. 1\11 application for a time extension will be reviewed and decided upon by the
director of community development services.
(e) .^~ppeals. .^.ny person who is aggrieved by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating how the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal ',',ill be heard and decided upon using
process IV, described in this article. Any time limit, pursuant to Chapter 36.70B RCW, upon the city's
processing and decision upon applications under this chapter may, except as othen'/ise specifically stated
in this chapter, be modified by a written agreement between the applicant and the director of cormnunity
de',elopment services. (Ord. No. 90 13, ~ 2(150.135(2)), 2 27 90; Ord. No. 92 133, ~ 3(150.135(2)), 1
21 92; Ord. No. 97 291, ~ 3, 1 I 97)
SECTION 106. Chapter 22, Article VII, Section 22-459, of the Federal Way City Code is hereby
repealed as follows:
22 459 Bonds.
The hearing examiner and city council may require a bond under FWCC 22 116 to insure compliance
vlith any aspect of a permit or approval. (Ord. No. 90 13, ~ 2(150.110), 22790; Ord. No. 92 133, ~
3(150.110),121 92; Ord. No. 97 291, ~ 3, 1197)
Ordinance No 09-594
Page 46 of 68
SECTION 107. Chapter 22, Article VII, Section 22-460, of the Federal Way City Code is hereby
repealed as follows:
22 460 Complete eomplisnee required.
(a) Generally. Except as specified in subsection (b) ofthis section, the applicant must comply '.'lith all
aspects, including conditions and restrictions, of an approval granted under this article in order to do
everything authorized by that approval.
(b) Exception Subsequent modification. If a specific use or site configuration for the subject
property was approved under this article or any quasi judicial process under a pre,..ious zoning code, the
applicant is not required to apply for and obtain approval through this article for a subsequent change in
use or site configuration unless:
(1) There is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(2) The director of community development services determines that there will be substantial
changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 90 13, ~ 2
(150.115),22790; Ord. No. 92 133, ~ 3(150.115),1 21 92; Ord. No. 97 291, ~ 3, 1 I 97)
SECTION 108. Chapter 22, Article VIII, Section 22-476, of the Federal Way City Code shall be
amended to read as follows:
22-476 Process V 2enerallv. l\dministratian.
Application for a quasi-iudicial rezones must be reviewed and decided upon under process V. This
article describes process V. Under process V, the hearing examiner will hold a public hearing and based
on the record of that hearing make a recommendation to city council, which will then decide upon the
application. (Ord. No. 97-291, S 3,4-1-97)
SECTION 109. Chapter 22, Article VIII, Section 22-477, of the Federal Way City Code shall be
amended to read as follows:
22-477 Types of rezones.
W There are two types of quasi-judicial rezones as follows:
(1) Non-project-related. A quasi-judicial rezone will be treated as non-project-related if:
fa} The proposed rezone is initiated by the city and the subject property is not owned by the
city; or
fb} The proposed rezone is from one single-family residential zone classification to another
single-family residential zone classification.
(2) Project-related. A quasi-judicial rezone will be treated as project-related when it does not
meet the requirements of subsection W(1) of this section. All project related rezones require a specific
development proposal for the subject property. (Ord. No. 97-291, S 3,4-1-97)
SECTION 110. Chapter 22, Article VIII, Section 22-478, of the Federal Way City Code is hereby
repealed as follows:
Ordinance No 09-594
Page 47 of68
22 478 }"1f)f)lielltions.
(a) Who may apply. Any pcrson may, personally or through an agent, apply for a decision regarding
property he or she owns.
(b) How to apply. The applicant shall file the following information with the department of
community development services:
(1) .^. completed application, with supporting affidavits, on forms provided by the department of
community development services;
(2) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of
all current owners of real property, as shown in the records of the county assessor for the subject property,
within 300 feet of each boundary of the subject property;
(3).^. copy of the county assessor's map identifying the properties specified in subsection (b)(2)
of this section;
(4) ,A. vicinity map showing the subject property with enough information to locate the property
within the larger area;
(5) ,^.ny information or material that is specified in the provision of this chapter that describes the
applied for dccision;
(6) ,^.Il information specified in FWCC 2U}; and
(7) ,^.ny additional information or material that the director of community development services
determincs is reasonably necessary for a decision on the matter.
(c) Fcc. With the application the applicant shall submit the fce established by the city. The application
will not be accepted unless it is accompanied by the required fee and meets the requirements of F\VCC
2U} and this section relating to what constitutes a complete application. (Ord. No. 97 291, ~ 3, 1 I 97;
Ord. No. 99 337, ~ 2, 3 2 99; Ord. No. 00 375, ~ 16, 10 3 00)
SECTION 111. Chapter 22, Article VIII, Section 22-479, of the Federal Way City Code shall be
amended to read as follows:
22-479 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to the decisions that will be made using this article. The
director of community development services shall evaluate each application and, where applicable,
comply with the State Environmental Policy Act and with state regulations and city ordinances issued
under the authority of the State Environmental Policy Act. (Ord. No. 97-291, S 3,4-1-97)
SECTION 112. Chapter 22, Article VIII, Section 22-480, of the Federal Way City Code shall be
amended to read as follows:
22-480 Official file.
(a) Contents. The director of community development services shall compile an official file on the
application containing the following:
(1 ) All application materials submitted by the applicant.
(2) The staff report.
(3) All written comments received on the matter.
(4) The electronic recording of the public hearing on the matter.
(5) The recommendation of the hearing examiner.
(6) The electronic sound recording and minutes of the city council proceedings on the matter.
(7) The decision of city council.
(8) Any other information relevant to the matter.
Ordinance No 09-594
Page 48 of 68
(b ) Availability. The official file is a public record. It is available for inspection and copying in the
department of community de'/elopment services during regular business hours. (Ord. No. 97-291, S 3,4-
1-97)
SECTION 113. Chapter 22, Article VIII, Section 22-481, of the Federal Way City Code shall be
amended to read as follows:
22-481 Notice.
(1) Content. The director of community development services shall, within 11 days of issuing a letter
of completeness on the proposal, prepare a notice of application containing the following information:
(a) The name of the applicant and, if applicable, the project name.
(b) The date of application, the date of the notice of completion for the application, and the date
ef the notice of application.
(c) The street address of the subject property or, if this is not available, a description of the
location of the property in non-legal language. Except for notice published in a newspaper of general
circulation in the city, the notice must also include a vicinity map that identifies the subject property.
(d) A brief description of the requested decision, including a citation. to the provision of this
chapter governing the request, a list of the project permits included in the application and, if applicable, a
list of any studies requested under RCW 36.70A.440. To the extent known by the city, the notice shall
include any other permits which are not included in the application.
(e) The date, time, and place of the public hearing.
(f) A statement of the availability of the official file.
(g) A statement of the right of any person to submit written or oral comments to the hearing
examiner regarding the application.
(h) The identification of existing environmental documents that evaluate the proposed project and
the location where the application and any studies can be reviewed.
(i) A statement of the preliminary determination, if one has been made at the time of notice, of
those development regulations that will be used for project mitigation.
(2) Distribution. The director of community development services shall distribute this notice at least
14 calendar days before the public hearing as follows:
(a) A copy will be sent to the persons receiving the property tax statements for all property within
300 feet of each boundary of the subject property.
(b) A copy will be published in the newspaper of general circulation in the city.
(c) A copy will be posted on each of the official notification boards of the city.
(3) Public notification sign. The applicant shall erect at least one public notification sign which
complies with standards developed by the department of community development services at least 10
calendar days before the public hearing. This sign shall be located on or near the subject property facing
the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject
property. The director of community deyelopment services may require the placement of additional public
notice signs on or near the subject property if he or she determines that this is appropriate to provide
notice to the public. The sign shall be removed within seven calendar days after the final decision of the
city on the matter.
(1) Timing. The public notification sign or signs must be in place at least 10 calendar days before the
public hearing and remo'o'ed within seven calendar days after the final decision of the city on the matter.
(Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-337, S 2, 3-2-99)
SECTION 114. Chapter 22, Article VIII, Section 22-482, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No 09-594
Page 49 of 68
22-482 Staff report.
(a) Contents. The director of community development serviees shall prepare a staff report containing
the following information:
(1) All pertinent application materials.
(2) All comments regarding the matter received by the department of eommunity development
services prior to distribution of the staff report.
(3) An' analysis of the application under the relevant provisions of this chapter and the
comprehensive plan.
(4) A statement of the facts found by the director of community development services and the
conclusions drawn from those facts. .
(5) A recommendation on the matter.
(b) Distribution. At least seven calendar days before the hearing, the director of community
development services shall distribute the staff report to the following people: the hearing examiner, the
applicant or appellant, and to any person who specifically requested it, as follows:
(1) .^. copy will be sent to the hearing examiner.
(2) ,^" copy Vlill be sent to the applicant.
(3) A copy 'Nill be sent to each person who has specifically requested it. (Ord. No. 97-291, S 3,4-
1-97)
SECTION 115. Chapter 22, Article VIII, Section 22-483, of the Federal Way City Code shall be
amended to read as follows:
22-483 Open record hearing.
(aU Generally. General. The hearing examiner shall hold an open record hearing on each application
that is open to the public. The hearing examiner shall make a complete electronic sound recording of each
public hearing.
(b) Open to public. The hearings of the hearing examiner are open to the public.
(2) Participation. Any person may participate in the hearing under this process in either or both of the
following ways:
(a) By submitting written comments to the hearing examiner, either by delivering these comments
to the department prior to the hearing or by giving these directly to the hearing examiner at the hearing.
(b) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
(3) Continuation. The hearing examiner may continue the hearing if, for any reason, he or she is
unable to hear all of the public comments on the matter or if the hearing examiner determines that he or
she needs more information on the matter. If, during the hearing, the hearing examiner announces the
time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing
room, no further notice ofthat hearing need be given.
(61) Effect. The hearing of the hearing examiner is the hearing for city council on the application.
(Ord. No. 97-291, S 3, 4-1-97)
SECTION 116. Chapter 22, Article VIII, Section 22-484, of the Federal Way City Code is hereby
repealed as follows:
22 <184 Eleetronie sound reeonling.
The hearing examiner shall make a complete electronic sound recording of each public hearing. (Ord.
No.97291,~3,11 97)
Ordinance No 09-594
Page 50 of 68
SECTION 117. Chapter 22, Article VIII, Section 22-485, of the Federal Way City Code shall be
amended to read as follows:
22-485 Burden of proof.
The applicant has the responsibility of convincing persuading the eity hearing examiner ~
preponderance of the evidence that, under the provision of this article, the applicant is entitled to the
requested decision. The hearing examiner shall give great deference to the agency's interpretation of its
own properly promulgated regulations or matters within its expertise. The hearing examiner may take
notice of:
(1 ) Any judicially cognizable facts;
(2) Technical or scientific facts within the agency's specialized knowledge: and
(3) Codes or standards that have been adopted by an agency of the United States, of this state or
of another state, or by a nationally recognized organization or association. (Ord. No. 97-291, S 3, 4-1-97)
SECTION 118. Chapter 22, Article VIII, Section 22-486, of the Federal Way City Code is hereby
repealed as follows:
22 486 Publie eomments and partieipatioB at the hearing.
Any person may participate in the public hearing in either or both ofthe following ways:
(1) By submitting written comments to the hearing examiner, either by delivering these comments
to the department of community de'.'elopment services prior to the hearing or by giving these directly to
the hearing examiner at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments
directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing. (Ord. No. 97 291, ~ 3, <I 1 97)
SECTION 119. Chapter 22, Article VIII, Section 22-487, of the Federal Way City Code is hereby
repealed as follows:
22 487 Continuation of the hearing.
The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of
the public comments on the matter or if the hearing examiner determines that he or she needs more
information on the matter. If, during the hearing, the hearing examiner announces the time and place of
the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further
notice of that hearing need be given. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 120. Chapter 22, Article VIII, Section 22-488, of the Federal Way City Code shall be
amended to read as follows:
22-488 Recommendation by the hearing examiner.
(aD Generally. After considering all of the information and comments submitted on the matter, the
hearing examiner shall issue a written recommendation to the city council.
(b2) Timing. Unless a longer period is agreed to by the applicant, the hearing examiner must issue the
recommendation within 10 working days after the close of the public hearing.
Ordinance No 09-594
Page 51 0{68
(e.J) Decisional criteria. The hearing examiner shall use the following criteria for quasi-judicial
rezones:
(h) The city may approve an application for a quasi-judicial nonproject rezone only if it finds
that:
ilia:- The proposed rezone is in the best interest of the residents of the city; and
{ill&.- The proposed rezone is appropriate because either:
(A}~ Conditions in the immediate vicinity of the subject property have so significantly
changed since the property was given its present zoning and that, under those changed conditions, a
rezone is within the public interest; or
illl~ The rezone will correct a zone classification or zone boundary that was
inappropriate when established;
(iii)&.- It is consistent with the comprehensive plan;
(iv)th It is consistent with all applicable provisions of the chapter, including those adopted by
reference from the comprehensive plan; and
We; It is consistent with the public health, safety, and welfare.
(~Q) The city may approve an application for a quasi-judicial project related rezone only if it finds
that:
ilia-; The criteria in subsection (eJ)(-l-~) of this section are met; and
{ill&.- The proposed project complies with this chapter in all respects; and
(iii)&.- The site plan of the proposed project is designed to minimize all adverse impacts on the
developed properties in the immediate vicinity of the subject property; and
(iv)th The site plan is designed to minimize impacts upon the public services and utilities; and
We; The rezone has merit and value for the community as a whole.
(61) Conditions and restrictions. The hearing examiner shall include in the written recommendation
any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or
minimize any undesirable effects of granting the requested rezone.
(e~) Contents. The hearing examiner shall include the following in the written recommendation to
city council:
(h) A statement of facts presented to the hearing examiner that supports his or her
recommendation, including any conditions and restrictions that are recommended.
(~Q) A statement of the hearing examiner's conclusions based on those facts.
(;;!<) A statement of the criteria used by the hearing examiner in making the recommendation.
(4d) The date of issuance of the recommendation.
(fQ) Distribution of written recommendation. The director of community development services shall
distribute copies of the recommendation of the hearing examiner as follows:
(h) After the hearing examiner's written recommendation is issued, a copy will be sent to the
applicant, to each person who submitted written or oral testimony to the hearing examiner, and to each
person who specifically requested it.
(~Q) Prior to the meeting where city council considers the application, a copy will be sent to each
member of city council. The director of community development services shall include a draft resolution
or ordinance that embodies the hearing examiner's recommendation with the copy of the recommendation
sent to each city council member. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-337, S 2, 3-2-99; Ord. No.
02-424, S 3, 9-17-02)
SECTION 121. Chapter 22, Article VIII, Section 22-489, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No 09-594
Page 52 of 68
22-489 City council action.
(aU Generally. The city council shall consider the application at a scheduled meeting within 90
calendar days of the date of issuance of the hearing examiner's recommendation. This time period may be
extended upon written agreement of the director of community development services and the applicant.
Calculation of this time period shall not include any time necessary for a reopening of the hearing before
the hearing examiner under subsection (c) of this section.
(e2) Supplemental distribution. The director of community development services shall promptly send
to each city council member any ethef: relevant information not previously distributed to council
members.
(eJ) Scope of review. The city council review of the rezone application shall be limited to:
W The record of the hearing before the hearing examiner;
ilil Oral comments received during the public meeting (so long as those comments that do not
raise new issues or introduce information not contained in the examiner's record-), and
W The hearing examiner's written report~~
(d) Evidence within the scope of the appeal that was not presented to or considered by the hearing
examiner, but only if:
i. At the time of the hearing examiner's decision the party offering the evidence did not know
of the evidence, was under no duty to discover the evidence, and could not have reasonably discovered
the evidence; or
ii. The hearing examiner improperly excluded or omitted the evidence from the record.
These materials shall be re'/iewed for compliance with review criteria set forth in FWCC 20 125. Re
city council may also receive and revie'1l new evidence or information not contained in the record of
hearing before the hearing examiner, but only if that evidence or information: (1) relates to the validity of
the hearing examiner's decision at the time it was made and the party offering the new evidcnce did not
know and was under no duty to discover or could not reasonably have discovered the evidence until after
the hearing examiner's decision; or (2) the hearing examiner improperly excluded or omitted the evidence
from the record.
(4) Remand. If the city council concludes, based upon a challenge to the hearing examiner
recommendation or upon its own review of the recommendation, that the record compiled by the hearing
examiner is incomplete or inadequate to allow the city council to make a decision on the application, the
city council may, by motion, remand the matter to the hearing examiner with the direction to reopen the
hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the
motion.
(e~) City council decision. After consideration of the entire matter using the criteria listed in FWCC
22-488, and upon approval by a maiority of the total membership, the city council shall, by action
apprm'ed by a majority of the total membership, take one of the following actions:
(-l-g) Project-related rezone. The city council has the option to:
ai. Grant the application as proposed; or modify and grant the application. In either case, it
shall give effect to this decision by adopting a resolution of intent to rezone.
ei!. Deny the application. The city council shall give effect to this decision a denial by
adopting a resolution pursuant to subsection (g) of this section.
(~Q) Nonproject rezone. The city council has the option to:
ai. Approve the application, or modify and approve the application. In either case, it shall
give effect to this decision by adopting an ordinance amending the zoning map of the city.
ei!. Deny the application. The city council shall give effect to this decision a denial by
adopting a resolution pursuant to subsection (g) of this section.
(e) Decisional criteria. The city council shall use the criteria listed in FWCC ~(c).
(f~) Conditions and restrictions. The city council shall include in the ordinance or resolution
granting the rezone any conditions and restrictions it determines are necessary to eliminate or minimize
Ordinance No 09-594
Page 53 o{68
any undesirable effects of granting the rezone. Any conditions and restrictions that are imposed become
part of the decision.
(gg) Findings of fact and conclusions. The city council shall include in the ordinance or
resolution:
L fB A statement of the facts that support the decision, including any conditions and
restrictions that are imposed; and
ii. ~ The city council's conclusions based on those facts.
(h~) Effect. The decision of city council on an application for either a non project or project
related rezone is the final decision of the city. (Ord. No. 97-291, S 3,4-1-97)
SECTION 122. Chapter 22, Article VIII, Section 22-490, of the Federal Way City Code shall be
amended to read as follows:
22-490 Notice of final decision.
(a) General. Following the final decision by the city council, the director of community development
services shall prepare a notice of the city's final decision on the application.
(b) Distribution. After the city council's decision is made, the director of community development
services shall distribute a copy of the notice of the final decision as follows:
(1) A copy will be mailed to the applicant.
(2) A copy will be mailed to any person who submitted written or oral comments to the hearing
exammer.
(3) A copy will be mailed to each person who has specifically requested it.
(4) A copy will be mailed to the King County assessor. (Ord.No. 97-291, S 3,4-1-97)
SECTION 123. Chapter 22, Article VIII, Section 22-491, of the Federal Way City Code shall be
amended to read as follows:
22-491 Effect of city council approval of project-related rezone.
(a) Effect on the applicant. The applicant may, subject to all applicable codes and ordinances, develop
the subject property in conformity with the resolution of intent to rezone and the site plan approved as
part of that resolution.
(b) Effect on the city. If the applicant completes development of the subject property in conformity
with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall
give effect to the rezone by adopting an ordinance that makes the zone boundary or classification change
to the zoning map approved in the resolution of intent to rezone.
(c) Activity after notice. The applicant may not engage in any activity based on the decision until the
third working day after the notice of the final decision is distributed under FWCC 22-490.
(d) Nonproject rezone. If the city council appro',es a quasi judicial Honproject rezone it will give
effect to this decision by adopting an ordinance amending the zoning map of the city. (Ord. No. 97-291, S
3, 4-1-97)
SECTION 124. Chapter 22, Article VIII, Section 22-492, of the Federal Way City Code shall be
amended to read as follows:
22-492 Modifications.
(a) Minor modifications. Subsequent to the adoption of the resolution of intent to rezone, the
applicant may apply for a minor modification to the site plan approved as part of that resolution. The city
Ordinance No 09-594
Page 54 of 68
will use process III described in FWCC 22 386 through 22 111 to review and decide upon an application
for a minor modification. The city may approve a minor modification only if it finds that:
(1) The change will not result in reducing the landscaped area, buffer areas, or the amount of
open space on the project;
(2) The change will not result in increasing the residential density or gross floor area of the
project;
(3) The change will not result in any structure, or vehicular circulation or parking area being
moved more than 10 feet in any direction and will not reduce any required yard;
(4) The change will not result in any increase in height of any structure;
(5) The change will not result in a change in the location of any access point to the project; and
(6) The change will not increase any adverse impacts or undesirable effects ofthe project and that
the change in no way significantly alters the project. (Ord. No. 97-291, S 3,4-1-97)
SECTION 125. Chapter 22, Article VIII, Section 22-493, of the Federal Way City Code shall be
amended to read as follows:
22-493 Major modifications.
If the applicant seeks a modification to the approved site plan that does not meet all of the
requirements of this section, the applicant may do so by submitting the application material required for a
new quasi-judicial project-related rezone. The city will process and decide upon this application as if it
were an application for a new quasi-judicial project-related rezone. (Ord. No. 97-291, S 3,4-1-97)
SECTION 126. Chapter 22, Article VIII, Section 22-494, of the Federal Way City Code shall be
amended to read as follows:
22-494 Judicial review.
The final decision aetieH of the city in granting or denying an application under this article may be
reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition shall be
filed within 21 calendar days of the issuance of the final land use decision of the city. (Ord. No. 97-291, S
3,4-1-97)
SECTION 127. Chapter 22, Article VIII, Section 22-495, of the Federal Way City Code is hereby
repealed as follows:
22 495 Lapse of approval. .
The applicant must begin construction, or submit to the city a complete building permit application
for the deyelopment actiyity, use of land, or other actions approyed under this article within one year after
the final decision on the matter, or the decision becomes void, pro'.ided the city council may, in the
resolution of intent to rezone, extend the time limits contained herein. The applicant must substantially
complete construction for the de',elopment activity, use of land, or other actions appro'. cd under this
article and complete the applicable conditions listed in the decision within five years after the final
decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to this
article, the time limits of this section arc automatically extended by the length of time behveen the
commencement and final termination of that litigation. If the development actiyity, use of land, or other
action appro'.ed under this article includes phased construction, the time limits of this subsection may be
extended in the decision on the application. (Ord. No. 97 291, ~ 3, 1 1 97)
Ordinance No 09-594
Page 55 of68
SECTION 128. Chapter 22, Article VIII, Section 22-496, of the Federal Way City Code is hereby
repealed as follows:
22 496 Time extension.
(a) ,^.pplication. Prior to the lapse of approval for a project related rezone under F'NCC 22 495, the
applicant may submit a written application in the form of a letter with supporting documentation to the
department of community deyelopment services reqMesting a one time extension of those time limits of
up to one year.
(b) Criteria. The request must demonstrate that the applicant is making substantial progress on the
development activity, use of land, or other actions approved under this article and that circumstances
beyond the applicant's control prevent compliance '\-'lith the time limits ofF'.VCC 22 195.
(c) Fee. The applicant shall include, with the letter ofrequest, the fee as established by the city. The
application will not be accepted unless it is accompanied by the required fee.
(d) Review process. l\n application for a time extension will be reviewed and deeided upon by the
director of community development services.
(c) ,^.ppeals. .^.ny person v/ho is aggrie';ed by the granting or denying of a request for a time extension
under this section may appeal that decision. The appellant must file a letter of appeal indicating how the
decision on the time extension effects the appellant's property and presenting any relevant material or
information supporting the appellant's contention. The appeal will be heard and decided upon using
process IV, described in FWCC 22 176 et seq. ,^.ny time limit, pursuant to Chapter 36.70B RCW, upon
the city's processing and decision upon applications under this article may, except as otherwise
specifically stated in this chapter, be modified by a '.vritten agreement between the applicant and the
director of community development services. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 129. Chapter 22, Article VIII, Section 22-497, of the Federal Way City Code is hereby
repealed as follows:
22 497 Bonds.
The city may requirc a bond under FWCC 22 146 et seq. to ensure compliance with an-y aspect of the
permit or approval. (Ord. No. 97 291, ~ 3, 1 1 97)
SECTION 130. Chapter 22, Article VIII, Section 22-498, of the Federal Way City Code is hereby
repealed as follows:
22 498 Complete eamplianee required.
(a) General. Except as specified in subsection (b) of this section, the applicant must comply with all
aspects, including conditions and restrictions, of an approyal granted under this artiele in order to do
everything authorized by that approval.
(b) Exception Subsequent modification. If a specific use or site plan for the subject property was
approyed under this article, or any quasi judicial process under a previous zoning code, the applicant is
not required to apply for and obtain approval through this article for a subsequent change in a use or site
plan unless:
(1) Therc is a change in use and this chapter establishes different or more rigorous standards for
the new use than for the existing use; or
(2) The director of community development services determines that there will be substantial
changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 97 291, ~ 3, 1
-l-9-+-)
Ordinance No 09-594
Page 56 of 68
SECTION 131. Chapter 22, Article IX, Section 22-516, of the Federal Way City Code shall be
amended to read as follows:
22-516 Purpose.
Various places in this chapter indicate that certain proposals to amend the zoning map through a
legislative rezone, amend the text of this chapter development regulations, or amend the comprehensive
plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No.
99-337, S 2, 3-2-99; Ord. No. 02-426, S 3,10-15-02)
SECTION 132. Chapter 22, Article IX, Section 22-517, of the Federal Way City Code shall be
amended to read as follows:
22-517 Initiation of proposals.
A proposal that will be reviewed using this article may be initiated by the city council. eF f! council
committee, or requested by the planning commission, city staff, or any interested person, including
applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 99-337, S 2, 3-2-99; Ord.
No. 02-426, S 3, 10-15-02)
SECTION 133. Chapter 22, Article IX, Section 22-518, of the Federal Way City Code shall be
amended to read as follows:
22-518 Docket.
The department of community development services shall maintain a docket of all proposals to
amend changes to the comprehensive plan or development regulations and proposed submitted by any
interested persons~ (including development applicants, citizens, hearing examiners, and/or other agencies
and staff). (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 134. Chapter 22, Article IX, Section 22-519, of the Federal Way City Code shall be
amended to read as follows:
22-519 Compliance with State Environmental Policy Act.
The State Environmental Policy Act applies to some of the decisions that will be made using this
article. The director of community development services shall evaluate each proposal and, where
applicable, comply with the State Environmental Policy Act and with state regulations and city
ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, S 2, 3-2-99;
Ord. No. 02-426, S 3,10-15-02)
SECTION 135. Chapter 22, Article IX, Section 22-520, of the Federal Way City Code shall be
amended to read as follows:
22-520 City council review.
Will Docketed amendment requests proposals. The city council shall review all requests docketed
proposals with the department of community deyelopment services concurrently, on an annual basis and
consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all requests
Ordinance No 09-594
Page 57 of68
docketed proposals received prior to September 30th of the calendar year. Requests Docketed proposals
submitted after September 30th shall be considered during the following annual review.
fbjill Other amendments. The city council shall revievl city-initiated changes to the text amendments
of the comprehensive plan shall be reviewed concurrently with docketed amendment requests proposals.
The city council may also review or amend the comprehensive plan: whene'/er an emergency exists, to
resolve an appeal of the eomprehensive plan or amendments thereto, or in other circumstances as
provided for by RCW 36.70,^..130(2)(a).
(a) If an emergency exists. which is defined as an issue of community-wide significance that
promotes the public health, safety, and general welfare;
(b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board
or with the court;
(c) To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58
RCW;
(d) The initial adoption of a subarea plan that does not modify the comprehensive plan policies
and designations applicable to the subarea;
(e) The amendment of the capital facilities element of the comprehensive plan that occurs
concurrently with the adoption or amendment of the city budget. The city council will hold the public
hearing on this matter rather than the planning commission; and
(D In other circumstances as provided for by RCW 36.70A.130(2)(a).
The city council may alse review city-initiated changes to the text of this chapter development
regulations or to the city's zoning map from time to time concurrently with the docketed proposals or at
the council's discretion.
fe1ill Additional information. The city council may request, through the city manager, that the
department of community development services or any other department of the city provide any
information or material on the g proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, S 2, 3-2-
99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 136. Chapter 22, Article IX, Section 22-521, of the Federal Way City Code shall be
amended to read as follows:
22-521 Timing of filing - Notice.
Sixty days prior to September 30th in each calendar year, the city shall notify all persons who
submitted docket forms after September 30th of the previous calendar year. Notice shall also be given as
follows:
(1) Public notice notifying the public that the amendment process has begun shall be published in
the city's official newspaper.
(2) Notice shall be posted on the official city public notice boards.
(3) A copy of the notice shall be mailed to other local newspapers.
(4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in
the judgment of the director of community development services may be directly affected by changes to
the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who
may be affected by changes to the comprehensive plan or development regulations, the director may rely
on written correspondence indicating an interest and received after September 30th of the previous year.
(Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 137. Chapter 22, Article IX, Section 22-522, of the Federal Way City Code shall be
amended to read as follows:
Ordinance No 09-594
Page 58 of 68
22-522 Application.
(a) Who may apply. Any person may, personally or through an agent, apply for a site-specIfic
comprehensive plan designation change with respect to property he or she owns. In addition, any person
may, personally or through an agent, request amendments to changes to the text of the comprehensive
plan or development regulations codified in this chapter.
(b) How to apply. An applicant must complete an application form prepared by the city. An applicant
seeking a change in comprehensive plan designation and zoning for a specific parcel shall also file the
information specified in FWCC 22 178 32.5 with the department of community dc':elopment services.
(c) The director of community de',elopment services shall have the authority to waive any of the
requirements of this section, if in the director's discretion, such information is not relevant or would not
be useful to consideration of the proposed amendment.
(d) Fee. There is no fee for this initial application. After the prioritization process, applications to be
considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, S
2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 138. Chapter 22, Article IX, Section 22-523, of the Federal Way City Code shall be
amended to read as follows:
22-523 Criteria far prioritizing plan requests Prioritizin2 docketed proposals.
(a) After September 30th but prior to adopting any docketed proposals amendment requests, the city
council shall hold a public hearing and select those docketed proposals requests it wishes to further
consider for adoption and for staff to research further.
(b) The city council shall consider the following criteria following a public hearing in selecting the
docketed proposals comprehensive plan amendments or development regulations to be considered during
the upcoming cycle:
(1) Whether the same area or issue was studied during the last amendment process and conditions
have significantly changed so as to make the requested change within the public interest.
(2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan.
(3) Whether the proposed amendment meets existing state and local laws, including the Growth
Management Act.
(4) In the case of text amendments or other amendments to goals and policies, whether the request
benefits the city as a whole versus a selected group.
(c) Ifthe request meets the criteria set forth in subsections (b)(1) through (b)( 4) of this section, it shall
be further evaluated according to the following criteria:
(1) Whether the proposed amendment can be incorporated into planned or active projects.
(2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study
is required, a request may have to be delayed until the following year due to work loads, staffing levels,
etc.
(3) Volume of requests received. A large volume of requests may necessitate that some requests
be reviewed in a subsequent year.
(4) Order ofrequests received.
(d) Based on its review of the docketed proposals requests according to the criteria in subsections (b)
and (c) of this section, the council shall determine which docketed proposals requests shall be further
considered for adoption, and shall forward those requests to the planning commission for its review and
recommendation.
(e) The council's decision to consider a docketed proposal proposed amendment shall not constitute a
decision or recommendation that the proposal proposed amendment should be adopted nor does it
preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, S 2, 3-2-
99; Ord. No. 02-426, S 3, 10-15-02)
Ordinance No 09-594
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SECTION 139. Chapter 22, Article IX, Section 22-528, of the Federal Way City Code shall be
amended to read as follows:
22-528 Zoning text Development re2ulation amendment criteria.
The city may amend the text of this chapter development regulations only if it finds that:
(1) The proposed amendment is consistent with the applicable provisions of the comprehensive
plan;
(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and
(3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337,
S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 140. Chapter 22, Article IX, Section 22-531, of the Federal Way City Code shall be
amended to read as follows:
22-531 Official file.
(a) Contents. The director of eommunity development services shall compile an official file
containing all information and materials relevant to the proposal and to the city's consideration of the
proposal.
(b) Availability. The official file is a public record. It is available for inspection and copying in the
department of community development during regular business hours. (Ord. No. 99-337, S 2, 3-2-99;
Ord. No. 02-426, S 3, 10-15-02)
SECTION 141 Chapter 22, Article IX, Section 22-532, of the Federal Way City Code shall be
amended to read as follows:
22-532 Notice.
Notice provisions under this section shall be followed for both the public hearing during which all
docketed proposals requests for changes to the comprehensive plan map designation, zoning map, text of
the comprehensi'le plan, and text of the development regulations are prioritized by the city council, as
well as the public hearing held by the planning commission.
(1) Contents. The director of community deyelopment services shall prepare a notice of each
proposal, for which a public hearing will be held, containing the following information:
a. The citation, if any, of the provision that would be changed by the proposal along with a
brief description of that provision.
b. A statement of how the proposal would change the affected provision.
c. A statement of what areas, comprehensive plan designations, zones, or locations will be
directly affected or changed by the proposal.
d. The date, time, and place of the public hearing.
e. A statement of the availability of the official file.
f. A statement of the right of any person to submit written comments to the planning
commission and to appear at the public hearing of the planning commission to give comments orally.
(2) Distribution. The director of community development services shall distribute this notice at
least 14 calendar days before the public hearing following the procedures of FWCC 22-521. In addition,
the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of
adjacent property owners posting of the site. (Ord. No. 99-337, * 2, 3-2-99; Ord. No. 02-426,* 3, 10-15-02)
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SECTION 142. Chapter 22, Article IX, Section 22-533, of the Federal Way City Code shall be
amended to read as follows:
22-533 Staff report.
(a) General. The director of community development services shall prepare a staff report containing:
(1) An analysis of the proposal and a recommendation on the proposal; and
(2) Any other information the director of community development services determines is
necessary for consideration of the proposal, consistent with FWCC 22-526, 22-528, 22-529, and 22-530.
For site-specific comprehensive plan amendments, the provisions ofFWCC 22-488(c) shall also apply.
(b) Distribution. The director of community deyelopment services shall distribute the staff report as
follows:
(I) A copy will be sent to each member of the planning commission prior to the hearing.
(2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, S 2, 3-2-99; Ord.
No. 02-426, S 3, 10-15-02)
SECTION 143. Chapter 22, Article IX, Section 22-534, of the Federal Way City Code shall be
amended to read as follows:
22-534 Public hearing.
(a) Generally. The planning commission shall hold public hearings on each proposal, consistent with
FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case
planning commission review pursuant to this article shall not be required.
(b) Open to public. The hearings of the planning commission are open to the public.
(c) Pursuant to FWCC 22-1674, when a development agreement and plan have been prepared, the city
council shall hold a public hearing.
(d) Effect. Except as provided in subsections (a) and (c) of this section, the hearing of the planning
commission is the hearing for city council. City council need not hold another hearing on the proposal.
(Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 144. Chapter 22, Article IX, Section 22-535, of the Federal Way City Code shall be
amended to read as follows:
22-535 Material to be considered.
(a) Generally. Except as specified in subsections (b), (c), and (d) of this section, the planning
commission and city council may consider any pertinent information or materials in reviewing and
deciding upon a proposal under this article.
(b) Exclusion. Except as specified in subsections (c) and (d) of this section, the city may not consider
a specific site plan or project in reviewing and deciding upon a proposal under this process.
(c) In the case of development agreements, the director of community development services may
require the applicant to submit any additional information or material that is reasonably necessary for a
decision on the matter, including a site development plan associated with a site-specific request.
(d) Exception for environment information. If a proposal that will be decided upon using this article is
part of a specific project, the city may consider all information pertaining to SEP A environmental review
and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, S 2, 3-2-99; Ord.
No. 02-426, S 3, 10-15-02)
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SECTION 145. Chapter 22, Article IX, Section 22-537, of the Federal Way City Code shall be
amended to read as follows:
22-537 Public comment and participation at the hearing.
Any interested person may participate in the public hearing in either or both of the following ways:
(1) By submitting written comments to the planning commission either by delivering these
comments to the department of community development services prior to the hearing or by giving them
directly to the planning commission at the hearing.
(2) By appearing in person, or through a representative, at the hearing and making oral comments.
The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and
timely conduct of the hearing. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3,10-15-02)
SECTION 146. Chapter 22, Article IX, Section 22-539, of the Federal Way City Code shall be
amended to read as follows:
22-539 Planning commission - Recommendation.
(a) Generally. Following the public hearing, the planning commission shall consider the proposal in
light of the decisional criteria in FWCC 22-526, 22-528, 22-529, 22-530, and 22-488(c), and take one of
the following actions: '
(I) If the planning commission determines that the proposal should be adopted, it may, by a
majority vote of the entire membership, recommend that city council adopt the proposal.
(2) If the planning commission determines that the proposal should not be adopted, it may, by a
majority vote of the members present, recommend that city council not adopt the proposal.
(3) If the planning commission is unable to take either of the actions specified in subsection (a)(l)
or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning
commission makes no recommendation.
(b) Modification of proposal. The planning commission may modify the proposal in any way and to
any degree prior to recommending the proposal to city council for adoption. If the planning commission
fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the
modified proposal as modified prior to recommending the proposal to city council for action. A proposal
is not fundamentally modified if:
(1) An environmental impact statement has been prepared under chapter 43.21 C RCW for the
proposal and the proposed change is within the ran~e of alternatives considered in the environmental
impact statement;
(2) The proposed change is within the scope of the alternatives available for public comment; or
(3) The proposed change only corrects typographical errors, corrects cross-references, makes
address or name changes, or clarifies language of a proposal without changing its effect. (Ord. No. 99-
337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02)
SECTION 147. Chapter 22, Article IX, Section 22-540, of the Federal Way City Code shall be
amended to read as follows:
22-540 Planning commission - Report to city council.
(a) Generally. The director of community development services shall prepare a planning commission
report on the proposal containing a copy of the proposal, along with any explanatory information, and the
planning commission recommendation, if any, on the proposal.
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(b) Transmittal to city council. The director of community development services shall transmit the
planning commission report to the city manager for consideration by city council.
(c) Distribution. The director of community development services shall promptly send a copy of the
planning commission report to any person requesting it. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426,
S 3,10-15-02)
SECTION 148. Chapter 22, Article IX, Section 22-541, of the Federal Way City Code shall be
amended to read as follows:
22-541 City council action.
(a) General. Within 6G 90 days of receipt of the planning commission report by the city manager, the
city council shall consider the proposal along with a draft ordinance prepared by the city attorney,
appropriate to enact or adopt the proposal.
(b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria
listed in the provisions of this chapter describing the proposal.
(c) City council action. After consideration of the planning commission report and, at its discretion,
holding its own public hearing on the proposal, the city council shall by majority vote of its total
membership:
(1) Approve the proposal by adopting an appropriate ordinance;
(2) Modify and approve the proposal by adopting an appropriate ordinance. If the council chooses
to modify an amendment to the comprehensive plan or a development regulation, and the change is
proposed after the opportunity for review and comment has passed, an opportunity for review and
comment on the proposed change shall be provided before council on the proposed change unless:
(i) An environmental impact statement has been prepared for the pending resolution or
ordinance and the proposed change is within the range of alternatives considered in the environmental
impact statement;
(ii) The proposed change is within the scope of the alternatives available for public comment;
(iii) The proposed change only corrects typographical errors, corrects cross-references, makes
address or name changes, or clarifies language of a proposed ordinance or resolution without changing its
effect;
(iv) The proposed change is to a resolution or ordinance making a capital budget decision that
is consistent with the comprehensive plan; or
(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim
control and the council schedules a public hearing on the adopted moratorium or interim control within at
least 60 days of its adoption, and the council adopts findings of fact before or immediately after this
public hearing.
(3) Disapprove the proposal by resolution; or
(4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the
city council shall specify the time within which the planning commission shall report back to the city
council on the proposal.
(5) If the city council determines that a development agreement shall should be prepared for a
site-specific request, the city council shall recommend further analysis based on ,^.rticle ,\, Chapter 22,
Article XXI rChapter 19.85 FWRC] Development Agreements. (Ord. No. 99-337, S 2, 3-2-99; Ord. No.
02-426, S 3, 10-15-02)
SECTION 149. Chapter 22, Article IX, Section 22-543, of the Federal Way City Code shall be
amended to read as follows: .
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22-543 Appeals.
The action of the city in granting, modifying or denying an amendment to a development regulation
this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth
Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, S 2, 3-2-99; Ord. No.
02-426, S 3, 10-15-02)
SECTION 150. Chapter 22, Article X, Section 22-548, of the Federal Way City Code shall be
amended to read as follows:
22-548 Process for deciding upon proposal.
(aD An application for a Class I temporary use shall be reviewed by the director of community
development services, under process I using FWCC 22-550, who shall issue a written determination
approving, conditionally approving or denying the temporary use permit within 10 days after the date of
application; provided that the director may require an application to be decided under process III using
FWCC 22-550 when it is determined that the degree and scope of potential impacts of the proposal
warrant such review.
(\32) An application for a Class II temporary use shall be reviewed and decided upon using FWCC 22-
550, and process III, described in FWCC 22 386 et seq. (Ord. No. 90-43, S 2(127.10),2-27-90; Ord. No.
94-209, S 3,3-15-94)
SECTION 151. Chapter 22, Article X, Section 22-549, of the Federal Way City Code shall be
amended to read as follows:
22-549 Application information.
W All applications for a temporary use permit shall be submitted prior to the requested date of
commencement of the temporary use and shall include:
(1) A completed application on the form provided by the department of community development
services, along with all information listed in that form; and
(2) An irrevocable, signed and notarized statement, by the property owner of record, granting the
city permission to summarily abate the temporary use and all physical evidence of that use if it is not
removed within the period specified in the permit, and agreeing to reimburse the city for any expenses
incurred by the city in abating the temporary use. If the permit is granted, this statement shall be recorded
with King County at the expense of the applicant and will run with the property throughout the term of
the permit, and shall be vacated at the termination of the use, as determined in the city's sole discretion.
(\31) Class I temporary use applications shall also include such Such information necessary for the
director of community development services to evaluate the use pursuant to FWCC 22-550, Criteria for
issuance; and, if determined applieable pursuant to FV/CC 22 547(a), shall include application materials
required in FWCC 22 386 et seq., Process III.
(e~D If the application is subiect to a land use process, it shall include the appropriate materials for
that process. See FWCC 22-32.5. Class II temporary use applications shall include all of the foregoing
information as well as the application materials required in FWCC 22 386 et seq., Process III. (Ord. No.
90-43, S 2(127.15), 2-27-90; Ord. No. 94-209, S 3, 3-15-94)
SECTION 152. Chapter 22, Article XIII, Section 22-1047, of the Federal Way City Code shall be
amended to read as follows:
22-1047 Exceptions.
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The following are excepted from modifications apply to the height limitations of this chapter:
(1) Unless otherwise provided in subsections (2) and (3) of this section:
(a) Rooftop appurtenances may exceed the applicable height limitation by a maximum of four
feet, if the area of all appurtenances and screening does not exceed 10 percent of the total area of the
building footprint. These appurtenances must be located in such a way as to minimize view blockage.
(b) Appurtenances that do not meet the standards of subsection (1)( a) of this section may be
permitted using process I if the director determines that, based on accurate graphic representations
provided by the applicant, views from adiacent properties will not be significantly affected.
(c) Any appurtenance, other than chimneys and antennas, must be screened from all streets
and nearby properties. See FWCC 22-960.
(-l-2) For detached dwelling units:
(a} Vents and chimneys may exceed the maximum height limit.
(bl" Rod, wire, dish and other antennas, other than as specified in subsection (3) of this
section, may be placed. above the maximum height if approved using process I. The city 'Nill approve the
application if:
ill-!--:- Views across the subject property are not substantially impaired; and
(ill;h The antenna must be placed above the roofline in order to function properly.
(2) Except as specified in subsections (l) and (2) of this section:
(a}. Rooftop appurtenances may exceed the applicable height limitation by a maximum of
four feet, if the area of all appurtenances and screening does not exceed 10 per<:ent of the total area of the
building footprint. These appurtenances must be located in such a way as to mil'limize view blockage.
(b}. ,^.ppurtenances that do not meet the standards of subsection (2)(a) of this section may be
permitted if the director of community development determines that, based on accurate graphic
representations provided by the applicant, views from adjacent properties will not be significantly
affected.
(c}. ,'\ny appurtenance, other than chimneys and antennas, must be screened from all streets
and nearby properties. See FWCC 22 960 for requirements pertainil'lg to rooftop screenil'lg.
(3) A radio tower and antenna structure for use by a noncommercial, licensed amateur operator
may be approved through process III, if the city determines that:
(a} The radio tower and antenna structure is placed to minimize its visibility from adjoining
properties, while still permitting effective operation;
(b} The radio tower and antenna structure does not extend higher than reasonably necessary
to operate effectively; and
(cl" The use of the antenna will not materially interfere with radio and television reception on
nearby properties.
In making its decision on the application, the city shall take into consideration the strong federal
interest in promoting amateur communications and the rules adopted by the Federal Communications
Commission regulating such facilities.
If the city approves the radio tower and antenna structure, it may impose limitations to mitigate or
eliminate any adverse impacts. This may include, but is not limited to, requiring the use of a telescoping
antenna, which would only be extended during limited periods when the antenna is in use. (Ord. No. 90-
43, S 2(115.60(2)), 2-27-90; Ord. No. 00-375, S 20, 10-3-00)
SECTION 153. Chapter 22, Article XIV, Section 22-1241, of the F ederal Way City Code shall be
amended to read as follows:
22-1241 Administration.
ill Except as otherwise established in this article, if a proposed development actIVIty requires
approval through process I. II. III. or IV, this article will be implemented and enforced as part of that
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process. the city's review of any development activity on the subject property. If the development acti'/ity
requires approval through process I, II, III or IV, the provisions of this article will be implemented as part
of these processes.
(2) If subsection 0) of this section does not apply, any determination of the director of community
development may be appealed as provided for in process IV of Chapter 22 FWCC, Zoning. (Ord. No. 90-
43, S 2(80.30(1)), 2-27-90; Ord. No. 91-105, S 4(80.30(1)), 8-20-91; Ord. No. 91-123, S 3(80.30(1)), 12-
17-91; Ord. No. 04-468, S 3,11-16-04; Ord. No. 07-554, S 5(Exh. A(10)), 5-15-07)
SECTION 154. Chapter 22, Article XIV, Section 22-1245, of the Federal Way City Code is hereby
repealed as follows:
22 1245 Appeals af determination made under artiele.
Any determination made by the director of community de';elopment under this article_may be
appealed using the procedures established for appeals of interpretations under FWCC 22 350. (Ord. No.
90 13, ~ 2(80.40),22790; Ord. No. 91 105, ~ 1(80.10),82091; Ord. No. 91 123, ~ 3(80.10), 12 1791;
Ord. No. 01168, ~ 3, 11 1601; Ord. No. 07551, S 5(Exh. ,^.(10)), 5 1507)
SECTION 155. Chapter 22, Article XV, Section 22-1397, of the Federal Way City Code shall be
amended to read as follows:
22-1397 Authority to grant.
(aD If the proposed development or use of er-en the subject property requires approval through
process I, II, III, or IV, any proposed modification will be considered as part of that process using the
criteria of this division.
(132) If subsection (aD of this section does not apply, the director of community development may
require, grant, or deny grant or require a modification in writing under the provisions of this section. The
decision of the director to require, grant or deny a modification undcr this division may be appealed as
provided for in process IV of Chapter 22 FWCC, Zoning. using the appeal procedures of process III.
(Ord. No. 90-43, S 2(105.115(2)(a), (b)), 2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 97-296, S 3,6-
17-97; Ord. No. 07-554, S 5(Exh. A(l1)), 5-15-07)
SECTION 156. Chapter 22, Article XXI, Section 22-1669, of the Federal Way City Code shall be
amended to read as follows:
22-1669 Development plan.
Any development plan accompanying the development agreement shall be subject to process III
including community design guidelines requirements. notice rcquirements of FWCC 22 392 through 2L
394. The application shall not be determined to be complete until a draft development agreement has been
prepared and a development plan conforming to the parameters of the development agreement and
meeting all pertinent requirements has been submitted. The development plan shall also be reviewed
pursuant to the community design guidelines requirements of FWCC 22 395 through 22 106 except that
an Any appeal of the hearing examiner's decision on the appeal of an administrative a director's decision
on the community design guidelines shall be heard by the city council based on the procedures of FWCC
22 446 through 22 155 at the same time that the city council conducts a public hearing on the
development agreement and development plan pursuant to FWCC 22-1674. (Ord. No. 02-426, * 3,10-15-02)
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SECTION 157. Chapter 22, Article XXI, Section 22-1674, of the Federal Way City Code shall be
amended to read as follows:
22-1674 Public hearing and city council action.
(a) Generally. The city council shall consider the application for approval of the development
agreement and development plan in a public hearing. If there are any appeals en-the of a hearing
examiner's decision of an appeal of a threshold determination~ or his or her decision on an appeal of g
community design guidelines decision, or an appeal of the hearing examiner's decision on a process IV
request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1)
at the same time as the public hearing on the development agreement and development plan.
(b) City council decision on appeals. In making a decision on the appeals, the council shall follow the
procedures in process IV, erFWCC 22-451 through 22 15522-454.
. (c) Scope of review of development agreement and development plans. The city council shall
consider the request for approval of the development agreement and plan based on the decisional criteria
listed in the pro'/isions of this chapter describing the proposal.
(d) City council action. After consideration of the entire matter, and upon approval by a maiority of
the total membership, the city council shall, by action approved by a majority of the total membership,
take one of the following actions:
(1) The city council has the option to:
a. Grant the application as proposed; or modify and grant the application. In either case, it
shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive
plan designation and zoning based on the approved development agreement and development plan.
b. Deny the application. The city council shall give effect to a denial by adopting a resolution
pursuant to subsection ( c) of this section.
c. Findings of fact and conclusions. The city council shall include in the ordinance or
resolution:
1. A statement of the facts that support the decision, including any conditions and
restrictions that are imposed; and
2. The city council's conclusions based on those facts.
(e) Effect. The decision of city council on an application for change in comprehensive plan
designation and zoning based on the approved development agreement and development plan is the final
decision of the city. (Ord. No. 02-426, S 3, 10-15-02)
SECTION 158. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
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SECTION 159. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
modify portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 160. Corrections. The City Clerk and the codifiers oftms ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 161. Ratification. Any act consistent with the authority and prior to the effective date of
this ordinance is hereby ratified and affirmed.
SECTION 162. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of January, 2009.
ATTEST:
c~JWJ!1&~(Y'CMC
APPROVED AS TO FORM:
?~a ~~
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 11-20-2008
PASSED BY THE CITY COUNCIL: 01-06-2009
PUBLISHEDON: 01-10-2009
EFFECTIVE DATE: 02-09-2009
ORDINANCE NO.: 09-594
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