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12-103225CITY OF �.. Federal Way July 26, 2012 Mr. Jaebum In 3021 Pacific Highway East Fife, WA 98424 Re: File #12-103225-00-UP; PROCESS I PERMIT DENIED Sunshine Daycare; 27905 Pacific Highway South, Federal Way Dear Mr. In: CITY HALL 33325 8th Avenue South Federal Way, WA 98003-6325 (253) 835-7000 www.cityoffederalway.com FILE The Community and Economic Development Department has received your Process I Master Land Use application for proposed daycare improvements located at 27905 Pacific Highway South. The department has denied the application due to building code requirements related to daycare facilities. It appears the existing building cannot be retrofitted or improved to meet current daycare occupancy standards. The department's Building Plans Examiner Scott Sproul has outlined the code requirements below. BUILDING CODE The existing building at 27905 Pacific Highway South cannot be used as a daycare because it is two stories. The city adopted 2009 International Building Code (IBC) does not allow daycare facilities in two story buildings. Relevant code sections are below. • The construction type of the building is assumed to be Type V. Occupancy Groups E and I-4 (children) are not allowed in a two story Type V building. • IBC 305.2, as amended by the State of Washington for Day Cares — The use of a building or structure or portion thereof for educational supervision or personal care service for more than 5 children older than 2'/2 years of age, shall be classified as a Group E occupancy. IBC 308.5.2, as amended by the State of Washington — A facility that provides supervision and personal care on a less than 24 hours basis for more than 5 children 2'/2 years or less shall be classified as Group I-4. 1. Exception — A child day care facility that provides care for more than 5, but no more than 100, children 2'/2 years or less of age where the rooms in which the children are cared for are located on the level of exit discharge serving such rooms and each of the these child care rooms has an exit door directly to the exterior, shall be classified as Group E. Questions regarding building code provision should be directed to Scott Sproul at 253-835-2633, or scott.sproul@cityoffederalway.com FINDINGS OF FACT 1. Proposal— The project applicant proposes a daycare facility in an existing building located at 27905 Pacific Highway South for children from birth to five years. Exterior improvements include an outdoor play area and parking stall striping. File#12-103225-00-UP Doc LD. 61716 Mr. Jaebum In Page 2 July 26, 2012 2. Site — The subject property is developed with a two story (basement with two upper floors) building originally constructed in 1926. The existing building contains no fire sprinklers and exterior walls composed of wood. CONCLUSIONS OF LAW I. The Federal y1•ay_Comprehensive Plan and zoning designation for the subject property is Community Business (BC). Pursuant to FedErral Way Revised Code (FWRC) 19.220.040, daycare facilities are a permitted use in BC zoning districts. 2. The proposed improvements are not exempt from Use Process review as they do not meet criteria set forth in FWRC 19.15.020, "Exceptions." 3. Process I "Director's Decision" is the appropriate Master Land Use application as the improvements are to a development site, and they do not exceed thresholds set forth in FWRC 19.15.030(1). 4. The proposed improvements are exempt from State Environmental Policy Act review as the scope of work meets categorical exemption WAC 197-11-800(3), "Repair, Remodeling, and Maintenance Activity." 5. The proposed improvements do not meet Process I purpose criteria set forth in FWRC 19.55.020; specifically health, safety, and welfare standards. The existing building is a Type V multiple story building. The city adopted building code does not allow daycare facilities within this type of building for safety and welfare of the child occupants. APPEALS The effective date of this decision is July 30, 2012. Pursuant to FWRC 19.55.050, the applicant and any person who commented on the application or requests a copy of this administrative decision may appeal the decision to the Federal Way Hearing Examiner by August 13, 2012. Any appeal must be in the form of a letter delivered to the department with the established fee. The notice of appeal must contain items listed in FWRC 19.55.050(2). CLOSING If you have any questions regarding this decision, please contact Associate Planner Matthew Herrera at 253-835- 2638, or matt.herrera@cityoffederalway.com. Sincerely, Isaac Conlen Planning Manager for Patrick Doherty, Director c: Matthew Herrera, Associate Planner Scott Sproul, Plans Examiner Chris Ingham, South King Fire & Rescue File #12-103225-00-UP Doc. LD. 61716 Description of the project sunshine Da care The last half of the twentieth century saw a dramatic rise in the numbers of women with young children who worked outside of the home. In 2010, 55 percent of mothers with infants were in the labor force. In 2011, 64 percent of mothers with children under the age of six, and 78 percent of mothers with children ages six to seventeen were in the labor force. These developments led to an increased demand for childcare providers by parents while they are at work. In 2011, 61 percent of all children participated in some sort of nonparent care. As children grow older, the likelihood they will receive care from someone other than a parent increases. This is the reason why we planning to open up daycare in Federal way WA. Day care refers to the care provided for infants and toddlers, preschoolers, and school -aged children in a center - based facility. Our daycare teachers educate, nurture and supervise young children from birth to 5 years of age in a daycare center. Daycare teachers create and oversee educational activities and curriculum within the daycare classroom and usually report to a supervisor or manager. Daycare teachers provide a safe learning environment for young children when their parents are at work or unable to care for them. Daycare teachers also supervise older children in before- and after -school educational programs when parents are away. RECEIVED JUL 12 2012 CT -Tr OF FEDERAL WAY CDS , CITY OF FEDERAL WAY DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES DEVELOPMENT REVIEW COMMITTEE TRANSMITTAL DATE: June 17, 2012 TO: Ann Dower, Development Services Rick Perez, Traffic Scott Sproul, Assistant Building Official Brian Asbury, Lakehaven Utility District Chris Ingham, South King Fire & Rescue FROM: FOR DRC MTG. ON. FILE NUMBER(s): RELATED FILE NOS.: PROJECT NAME: PROJECT ADDRESS: ZONING DISTRICT. - Matt Herrera - Planning No Meeting. Please email comments by Wed July 25 12-103225-00-UP None SUNSHINE DAYCARE 27905 PACIFIC HWY S PROJECT DESCRIPTION. Proposal to open a daycare center in a previously occupied retail space. No changes to existing building as part of this Process I review. Future TI improvements under separate permit. Site plan changes are shown in pencil showing proposed parking and playground area. LAND USE PERMITS: PROJECT CONTACT: Process I Director's Approval JAE BUMIN 3021 PACIFIC HWY E MATERIALS SUBMITTED: Site plan mark-up with existing building elevations REceivEr, MASTER LAND USE APPLICATION CIT Federal Way APPLICATION NO(S) Project Name Property Address/Location Parcel Number(i) Project Description PLEASE PRINT JUL 12 Z012 CITY OF FEDEe,� W 1 2- - t 03Z25- - 0 0 U DEPARTMENT OF COMMUNITY DEVELOPMENT SERVICES 33325 8°i Avenue South Federal Way, WA 98003-6325 253-835-2607;Fax 253-835-2609 w %v�v xi tyofederahvay.coM l- Date T Z f V, ecA WJ Type of Permit Required Annexation Binding Site Plan Boundary Line Adjustment Comp Plan/Rezone Land Surface Modification Lot Line Elimination Preapplication Conference Process I (Director's Approval) Process II (Site Plan Review) Process III (Project Approval) Process IV (Hearing Examiner's Decision) Process V (Quasi -Judicial Rezone) Process VI SEPA w/Project SEPA Only Shoreline: Variance/Conditional Use Short Subdivision Subdivision Variance: Commercial/Residential Required Information � C Zoning Designation CComprehensive Plan Designation Value of Existing IrnprovementsN Value of Proposed Improvements International Building Code (IBC): Occupancy Type _Construction Type Applicant Name: � �Di�l�- L, Address: ; 0_ t Pa,6 1, e City/State: � '� WA Zip: GR 4L4 Phone: 2-,o 6 -- 7 0`7 Fax: X4�-3 — �-" CilA f Email: j s}�'LL Signature: 1 / ­wTr— Agent (if differe9than Applicant) Name: Address: City/State: Zip: Phone: Fax: Email: Signature: Owner T! k WA aZ41f COt, Name: ��r bf_. L Address: y j C(r�o-�`` �e C-T City/State:�-{ ��po4b°` �•Vlj� Zip: "L V Phone. Fax: ZS� a tip- O I_ t c� Email: J v.&_ Signature: Bulletin #003 —January 1, 2011 Page 1 of 1 k:\Handouts\Master Land Use Application