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PRHSPSC PKT 11-13-2007 City of Federal Way CITY COUNCIL PARKS, RECREATION, HUMAN SERVICES AND PUBLIC SAFETY COMMITTEE Tuesday, November 13, 2007 5:15 p.m. City Hall Hylebos Conference Room 1. CALL TO ORDER 2. PUBLIC FORUM 3. COMMISSION COMMENTS 4. APPROVAL OF OCTOBER 9, 2007 SUMMARY 5. COMMITTEE BUSINESS A. B. C. D. 2007-2008 Youth Commission Work Plan Janitorial Services Contract Misdemeanant Jail Facility Study Ordinance to Amend the Name of the Federal Way Department of Public Safety to the Federal Way Police Department. An Ordinance Correcting Various Non-substantiative Errors in the Federal Way City Code Resolution directing a draft Re-codification of the Federal Way City Code E. F. 6. PENDING ITEMS . Park Impact Fees . Sheltering Programs and Services Action Action Action Action Action Action 7. NEXT MEETING - December 11, 2007 5:15pm - Hylebos Conference Room 8. ADJOURNMENT Roger Coldiron Ikerd Wilson Wilson Richardson Richardson 2007 Committee Members: Council Member Jeanne Burbidge, Chair Deputy Mayor Jim Ferrell Council Member Linda Kochmar Staff: Donna Hanson, Director Mary Jaenicke, Administrative Assistant II 253-835-6901 City of Federal Way City Council PARKS. RECREATION. HUMAN SERV ICES & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday October 9,2007 5:15 p.m. SUMMARY In attendance: Council Committee members Chair Jeanne Burbidge, Deputy Mayor Jim Ferrell, Council member Linda Kochmar; Iwen Wang, Assistant City Manager, Pat Richardson, City Attorney, Chief Brian Wilson, Donna Hanson, Director PRCS, Angelina Allen-Mpyisi, Human Services, Tim Dickinson, Park Maintenance Supervisor, Mary Jaenicke, Administrative Assistant II. Guests: Deborah Little, Diversity Commission, Juanne Lockett, Citizen, Staci Lockett Citizen Chair Burbidge called the meeting to order at 5: 15p.m. PUBLIC COMMENT Staci and Juanne Lockett will provide their public comment during the Cedar Grove Park discussion. COMMISSION COMMENT None APPROVAL OF SUMMARY Council member Kochmar moved to approve the September 11 meeting minutes as written. Deputy Mayor Ferrell seconded. Motion passed. BUSINESS ITEMS 2007-2008 Diversitv Commission Business Plan Diversity Commission Chair Ms. Deborah Little provided the background information. The Diversity Commission held a retreat and developed their 2007-2008 business plan. Ms. Little reviewed the plan with the committee. The Martin Luther King program has been a major success. Peter von Reichbauer awarded the Commission $5,000 to go towards the event. The commission is going to do a public recognition of commissioners that they have lost. They will be doing the book donation program again. They are going to send letters to businesses that are not in Federal Way, asking them for donations for the schools that are in the Federal Way School District, but not in the City of Federal Way. There is also a Public Relations Committee; their goal is to gain more exposure of the Diversity Commission. Another event is the Bite of Federal Way. The Commission is working with St. Lukes Church to partner with them, and celebrate the cultural differences in Federal Way. This will be a multi-cultural based event, not a faith based event. Deputy Mayor Ferrell would like the Martin Luther King Celebration event to be video- taped so it can be shown on Channel2!. Ms. Wang stated that she will ask City Of Federal Way videographer Sid Lee to attend. Council member Kochmar moved to approve option 1; authorize the City Manager to approve the 2007-2008 Diversity Commission Business Plan. Mayor Ferrell seconded. Motion passed. Cedar Grove Park Fence Ootions Ms. Hanson provided the background information. Chair Burbidge and City staff toured the park on Friday October 5. Cedar Grove Park is a new park. During the design phase of the development, a wooden fence was provided to the home on the SW comer. The wooden fence was installed because this house was originally on park property, and was sub-divided. When the park opened, two neighbors experienced people entering andJeaving the park off of public property. One of those neighbors lives alongside the holding pond; and the other neighbor (the Lockett's) live along the park property. In order to alleviate people coming into and leaving the park off of private property, a path was constructed along the north side by the holding pond and a coated chain link fence was installed. The proposal is to install a coated chain link on park property, along the Lockett's property. More vegetation will also be planted along the fence to prevent people from looking into her property. This would prevent people being able to enter her private property. Deputy Mayor Ferrell asked what the City policy is regarding fencing and parks. Ms. Hanson answered, that we generally do not fence parks. The parks tend to have natural barriers. How did we get to the PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday October 9, 2007 Summary Page 2 decision of installing a cyclone fence as opposed to fencing as opposed to a wooden fence? Ms. Hanson answered that the first consideration was should we be putting in a fence? Who will benefit from this fence? Will the City benefit from this fence? The decision to put in the fence was trying to be a responsible property owner and neighbor. We created this public attraction, and staff felt that they should try to prevent any further interruption onto private property. The cyclone fence decision has to do with the maintenance, and the experience of trying to maintain wooden fences on public property. The cyclone fence is consistent with other private fences along the park, and is consistent with the improvements made along the North side of the park. Most of the neighbors have chain link fence. What is the cost and height differential between wood and chain link fence. Mr. Dickinson answered that the standard is 6ft high. We install commercial grade chain link fence, which would be 6ft. The cost is not in the installation of a wood fence, it is the long term upkeep of the fence. Council member Kochmar stated that there are three options: 1) install a wood fence, which could attract graffiti, 2) install a coated chain link fence, and 3) install a coated chain link fence with privacy slats. The privacy slats will add to the price, but would solve the problem of people looking into the private property. Chair Burbidge asked what the committee would like to do at this point. Council member Kochrnar would like staff to work out a compromise with the Lockett's. Deputy Mayor Ferrell would like this to come back to the full Council so the rest of the Council could hear what the resolution is. Deputy Mayor Ferrell would like to follow staff's recommendation and install the 6ft coated chain link fence with the privacy slats. Council member Kochmar is concerned about other citizens coming to Council and asking for a fence. The resolution of the fence will go back to full Council and be presented during emerging issues. Public Comment from the Lockett's Staci Lockett stated that the decision was made to go to straight to chain link without any discussion as to the privacy issue. By installing a chain link fence the City is doing a big disservice to the children and their safety. She is concerned that children will climb the fence and fall into her mother's yard - would her mother be liable for the injured child? There needs to be a policy regarding the installation of fences if a park is developed around houses. There was a lack of planning by the City. Juanne Lockett stated that she was told by Betty Sanders that she would receive a wood fence with a gate that would open up to the park. She is concerned about kids thatmay run through her yard, and that she would be liable if they were injured. Juanne stated that she cannot sit outside and enjoy her backyard. A chain link fence with slats would not provide privacy. If a chain link fence is installed, she would not be able to access the park with her grandchildren. They would be forced to walk around. Ms. Lockett stated that she would be willing to pay for a gate on a wooden fence. The City cannot pay for the gate; that would be a gift of public funds. Staci stated that City staff is already coming out to fix the graffiti on one of the fences; she does not understand why it would be a big problem to remove any graffiti that may appear on their wooden fence. Deputy Mayor Ferrell asked ifthe City was legally obligated to put up a fence at all. Ms. Hanson answered that we were not legally obligated. Deputy Mayor Ferrell asked if a chain link fence would be acceptable as opposed to no fence. The Lockett's can install a wooden fence on their own property if they wish. Deputy Mayor Ferrell stated that the committee should follow staff's recommendation, but that if the Lockett's really want a wooden fence then they are free to install their own. Council directed staff to install a coated chain link fence with wooden slats, and if a gate is desired, then an agreement would be worked out. The fence will be located on the property line, and will be installed as quickly as possible. Additional vegetation will also be planted. A brief report will be brought back to Council. Authorization to Advertise for Bids for Remote Li2htin2 Control System for Sports Fields No discussion was held. Council Member Kochmar moved to accept option 1; Give authorization to bid for a remote lighting control system for sports fields. Deputy Mayor Ferrell seconded. Motion Passed. Council member Kochmar requested that a small presentation be given at the October 16 Council meeting. Mr. Dickinson stated that it is a great energy saver and it has a lot of benefits. He will attend the meeting to answer any questions. Maintenance and Labor A2reement for Emer2encv Equipment Installation and Repair No discussion was .held. Deputy Mayor Ferrell moved to accept the Maintenance and Labor Agreement, and authorize City Manager, Neal J. Beets, to sign such Agreement. Council member Kocbmar seconded. Motion passed. PARKS, RECREATION, & PUBLIC SAFETY COUNCIL COMMITTEE Tuesday October 9, 2007 Summary Page 3 Amendment to the Civil Service Ordinance Chief Wilson provided the background information. The RCW for our size of agency requires that a certain number of positions are designated as civil service. The Federal Way Police Department is recommending amending the Civil Service rules and the Ordinance to designate the Chief of Police, the Deputy Chief and the Executive Assistant exempt from Civil Service. This Ordinance will enable the department to be in compliance with the RCW and would also allow the Commander rank to be a part of Civil Service. Council member Kochmar moved the approval of the Amendment of the Civil Service Ordinance and authorize the Mayor of Federal Way to sign such Ordinance. Deputy Mayor Ferrell seconded, motion passed. Cin!!:ular Wireless Site Lease Renewal- Sa!!:halie Park No discussion was held. Council member Kochmar moved to recommend approval of the lease renewal and authorize the City Manager to execute the amendment. Deputy Mayor Ferrell seconded, motion passed. Cin!!:ular Wireless Site Lease Renewal- Sacaiawea Park No discussion was held. Council member Kochmar moved to recommend approval of the lease renewal and authorize the City Manager to execute the amendment. Deputy Mayor Ferrell seconded, motion passed. Proposed Ordinance to Prohibit Minors' Possession of Certain Graffiti Tools and Refine the Definition of Graffiti Tools Ms. Richardson provided the background information. The proposed Ordinance defmes and clarifies the definition of graffiti tools. They have clarified that the graffiti tools are pressurized paint containers, and the definition of marker pen was amended to be defined as a broad-tipped indelible marker with a tip exceeding four millimeters at its diameter. The Council Committee had been concerned that any minor in possession of graffiti tools could be cited. Ms. Richardson clarified that if a minor is in possession of these graffiti tools there still has to be circumstances demonstrating the intent to commit graffiti. Deputy Mayor Ferrell moved the approval of the proposed Ordinance and forward to full Council for the first reading at the November 6, 2007 meeting. Council member Kochmar seconded. Motion passed. Juvenile Curfew Ms. Richardson provided the background information. The legal department has drafted a proposed Ordinance. The Ordinance follows a lot of what Tacoma and Auburn have. It is difficult to draft an Ordinance that will stand to the Constitutional challenge. The issue is that agencies do not have the resources to take in juveniles, and there is concern that we may take the children into custody, but no agency that will take them. Legally we cannot hold them in our holding cells because juveniles must be separated from adults. Staff feels that there is a lot more work that needs to be done on the Ordinance. The challenge will be fmding where to take the children. The Ordinance does not address what to do with juveniles that do not reside in the city. Chair Burbidge asked what Tacoma and Auburn are doing with their curfew. Ms. Richardson stated that she received information from Auburn that they have never cited anyone on a curfew violation. Chief Wilson clarified that this is a legal analysis and does not include any research or review of police operational issues that are associated with this proposed Ordinance. Ms. Wang stated that if Council wants to consider this Ordinance, then staff will need more time. Chair Burbidge asked that if we have this Ordinance in place, would it be a useful tool for the Police Department. Chief Wilson stated that his role is to enforce the Ordinances that are passed by Council. He has not researched or reviewed the impact of this Ordinance. Chief Wilson stated they would need to research what are the citizen's expectations of the curfew, and will they be able to meet those expectations. He has found with Auburn and Tacoma that their curfew Ordinance is not being enforced. The services in this area are very challenging to fmd an agency to place the juveniles. After discussion, it was decided that staff would take the time that is needed and continue to research the proposed Ordinance. Deputy Mayor Ferrell stated that this would be a good item to discuss at their retreat; this is a major policy issue. Chief Wilson stated that another key piece of this Ordinance is the defenses of those specific items that were identified as being a defense. These defenses are written to meet the constitutionality of the Ordinance, but this is an area that operationally he will be very focused on in terms of the effectiveness of him being able to take action. NEXT MEETING - November 13, 2007 5:15 p.m. in the Hylebos Conference Room ADJOURNMENT - Meeting adjourned at 6:53p.m. COUNCIL MEETING DATE: November 13, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2007-2008 Youth Commission Work Plan POLlCY QUEsnoN: Should the City approve the 2007-2008 Youth Commission work plan? COMMITTEE: PRPS Committee MEEnNG DATE: November 13, 2007 CATEGORY: [gI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~!!~!,Q!!_J:!:y:__~~g~~g~_1.<::l~!~!!~_~~~~~a.:!i.Q!!g~~~9i.!!!l.:!~~ Attachments: 1. 2007-2008 Youth Commission Work Plan Options Considered: I. Approve the 2007-2008 Youth Cornmission Work Plan and place before Council for authorization November 13,2007. 2. Decline the 2007-2008 Youth Commission Work Plan and request the Youth Commission to revise. DEPT: PRCS STAFF RECOMMENDA nON: Staff recommends Option I. CITY MANAGER ApPROVAL: (UIfl.. DIRECTOR ApPROVAL: Council Committee Council COMMITTEE RECOMMENDAnON: PRHSPS recommends Option_ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOnON: HI move for approval of the 2007-2008 Youth Commission Work Plan. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # ~-\ 2007 - 2008 Federal Way Youth Commission Work Plan 1. Adopt a Family December . Sponsor a family during the holiday season. . Chair:Catherine Rawsthome . Co-Chair:Traci Johnson, Jordan Rohrs 2. Special Events All Year . Support Recreation and other commission's special events through commission volunteer time. Events include: I. Tricks 'N Treats Funfest, October 26 2. Jingle Bell Brunch, December 3. Martin Luther King Jr. Celebration, January 4. Easter Egg Hunt, March 5. Red White and Blues Festival, July 6. Adopt a Beach, June 7. Festival Days 8. Relay for Life, June 3. Youth Art Expo December/or Late Spring . Work with the arts commission to recognize youth and teen art. December . Public display of art in Federal Way. . Chairs: Traci Johnson, Riley Germanis 4. FW Youth Dance Competition January . Sponsor and present an All-City Youth and Teen Dance Competition. January Event money raised donated to youth charity or youth programs. . Chairs: Jessica . Co-Chair: Christina Jeong, Heather Hallstrom, Jordan Rohrs, Riley Germanis 5. FW HS Idol February . Sponsor and present an open singing competition for all hs students in FW. Money raised donated to youth charity or youth programs. . Chairs: Olivia Timothy . Co-Chair: Heather Hallstrom, Marlon Harrington, Caroline Hellwig 6. Youth Talent Show March . Host an all-ages talent show for youth in FW. . Chair: Catherine Rawsthome . Co-chair: Traci Johnson, Marlon Harrington 7. Youth Recognition Night April . Recognize various youth in Federal Way area for various accomplishments in . Sports, Academics, Character . Chair: Jordan Rohrs Co-chair: Andrea Ortega, Jessica Baik, Josh Mussa 8. Battle of Bands May . Music performance by hs students in FW area. May . Chairs: Olivia Timothy Sub-Committee: Jordan Rohrs, Heather Hallstrom, Traci Johnson 1\-2- 9. Commons Scavenger Hunt June . Hold a Scavenger Hunt at Commons as a fun event for youth and to promote Various stores. · Chair: Andrea Ortega · Co-Chair: Christina Jeong, Josh Mussa 10. Park Clean-up Day July . Youth Commissioners will adopts and park to clean up for a day in FW. · Chair: Catherine Hallstrom, Andrea Ortega A~~ COUNCIL MEETING DATE: November 20,2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: JANITORIAL SERVICES CONTRACT POLICY QUESTION: Should the Council accept the janitorial services bid from SBS of America and authorize the City Manager to execute a two-year term contract? COMMITTEE: PRHSPSC MEETING DATE: Nov 13,2007 CATEGORY: [gI Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other ~!~~F RE_~R! BY:_~!~1?_~en Ike~Q!_~arks__~_f,!~ili!!~~__Ml!~g~~_____..______________._____~~!T:!R~S ______._ Background On September 21, 2007 the city accepted quotes for janitorial services for the City Hall, Steel Lake Maintenance Shop and the Police storage facilities. All companies on the small works were invited to participate. Seven companies submitted quotes for services. Jani King submitted the lowest bid, but did not provide references nor meet the minimum specifications. Following reference checks and detailed background investigation, staff recommends accepting the second lowest bid package and awarding the contract to SBS of America. The total annual budget for these 3 facilities is $90,244.00 and the bid amount for this package of buildings is $76,367.76. The total compensation for the recommended two year term contract is $152,735.52 plus $1,000 per year of additional unforeseen hourly services. BOd S 1 ummary: A Request for Proposals was sent to the following companies and the results are as follows: Company City Hall Parks/PW Mainto Police Stora2e Packa2e Total Jani King; $ 67,896.00 $7440.00 $ 360.00 $ 72,156.00 SBS of America $ 68,207.76 $ 7,800.00 $ 720.00 $ 76,367.76 Puget Sound Services $ 72,000.00 $ 6,000.00 $ 3,000.00 $ 81,000.00 First Class Cleaning $ 74,816.40 $ 7044.00 $ 1,296.00 $ 83,156.40 All Pro Building Maintenance $ 94,800.00 $12,000.00 $ 1,800.00 $ 108,600.00 Facility Maintenance Cont. $ 141,684.00 $ 7800.00 $ 1,416.00 $ 150,900.00 Whitman & Associates $ 290,640.00 $ 3900.00 $ 4,272.00 $ 340,272.00 Attachments: None. Q.P!~~~J::;onsid~~~;~~____________________________________._______________.___.___________.___________________._____________ STAFF RECOMMENDATION: Staff recommends approving the Janitorial Services bid from SBS of America and authorize the City Manager to execute a two-year term contract totaling $154,735.52. CITY MANAGER ApPROVAL: ~ to Committee DIRECTOR ApPROVAL: To Council to Council COMMITTEE RECOMMENDATION: Forward to full Council on November 20 to approve the Janitorial bid from SBS of American and authorize staff to execute a two-year term contract totaling $154,735.52. Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval to accept the bid from SBS of American for Janitorial Services in the amount of $154,735.52 and authorize the City Manager to execute a contract for services. " B-1 (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ~_'2- COUNCIL MEETING DATE: November 20, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Misdemeanant Jail Facility Study POLlCY QUESTION: Should the City of Federal Way enter into an Interlocal Agreement to jointly conduct a feasibility study for the construction and operations of a misdemeanant jail facility with Cities of Des Moines, Renton and Tukwila? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: November 13, 2007 CATEGORY: [gj Consent o City Council Business o Ordinance o Resolution o o Public Hearing Other STAFF REPORT By: Chief J. DEPT: Police Department Attachments: I. PRHS&PS Memo 2. Power Point Presentation - Jail Update Options Considered: I. Accept to enter into an agreement to jointly conduct a study 2. Reject the proposal to enter into an agreement STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: @- DIRECTOR ApPROVAL: f], LAIr...:... LLlJ-- Conmliltee Council COMMITTEE RECOMMENDATION: PRPS recommends Option _ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "I move approval of entering into an Interlocal Agreement to jointly conduct a feasibility study for the construction and operations of a misdemeanant jail facility with other South King County Cities. " (BELOW TO BE COMPLETED BY ClTY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/0612006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # L-\ CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: SUBJECT: November 13, 2007 Parks, Recreation, Human Services and Public Safety Council Committee Neal J. Beets, City Manag~ Brian J. Wilson, Chief of Police ~41).J' Regional Misdemeanor Jail Facility Study - South Corrections Enterprise (SCORE) Back2:round The City of Renton has approached South King County cities about the possibility of constructing and operating a 500 bed regional misdemeanant jail facility. A task force headed by Renton with participation from the other cities, Des Moines, Federal Way and Tukwila, have been studying the feasibility of building a regional South Corrections Enterprise (SCORE) facility. Two other cities, Auburn and Kent, recently expressed interest in joining the group. Details are being negotiated at this time. City of Renton is prepared to contract with DLR Group to complete a multi-jurisdictional misdemeanant jail feasibility study at a cost of $161,000. The City of Federal Way shared cost is $32,200 based on the current Average Daily Population (ADP) which is considerably less than other jurisdictions of comparable size. Other jurisdiction costs are: Des Moines: $12,880; Renton: $78,890; Tukwila: $37,030. City of Auburn has expressed interest in joining the feasibility study which would reduce City of Federal Way portion to $19,320. A study conducted by a consultant, Ricci-Greene, found that there is insufficient jail space to house misdemeanor arrestees in the foreseeable future. Yakima Jail contract ends in 2010 and King County will not accept misdemeanor inmates from King County cities at the conclusion of 2012. The current practice of contracting jail services possesses a significant public safety threat to our community if we are not to find other solutions to the jail space issue. There are several contributing factors as to why the cities of Des Moines, Federal Way, Renton and Tukwila desire to act jointly and cooperatively for the purpose of hiring a consultant to conduct a feasibility study for the construction and operation of a misdemeanant jail facility. Regionalization may be more cost effective spreading the costs amongst all of the cities. It is the recommendation of the staff that the City of Federal Way to enter into an Interlocal Agreement with other South King County Cities to jointly conduct a feasibility study for the construction and operations of a misdemeanant jail facility. L-2- I s: -- Z ."tn 0 D) C. < n (I) CD -- 3 3 -- 0- ~ (I) '< CD D) ..., cn~ ~ ~D) w c: ~ - ~ c.~ 0 '< c... 0 D) ~ -- eeeeeee eeeeeee eeeeee _eee I>> L--S Issue: ... .... ..... .... .... ... .. . There is insufficient jail space to house misdemeanor arrestees. . Contracting with other agencies has become problematic. . Yakima Jail contract ends in 2010. . King County is unable to provide any space beyond our current contract which ends in 2012. :s- ~ Contract Jail Facilities ... .... ..... .... .... ... .. . City of Auburn . City of Enumclaw . City of Fife . King County Jail . Yakima County Jail U) o ------- Ricci-Greene study: ... .... ..... .... .... ... .. . 2006 _ c\t\es h\red R\cd-Greene to develop opt\ons and a long range plan for the dt\es . R\cd-Greene report \nd\cates that the 39 dUes \n K\ng County wm need 1,450 beds ~ by 2026 . Of those 1,450 beds, 700+ wm be needed in the South K\ng County reg\on (in add\Uon to those currently avaHab\e at the Kent and Renton JaHs) --------- Proposal: ... .... ..... .... .... ... .. Interested cities in South County join together and create an agency to build and manage a misdemeanor jail . Des Moines . Federa\ Way . Renton . TukwHa . Auburn and Kent (late entry) r o ...a. ...a. N N -a c.n 0 c.n 0 c.n 0 0 0 0 0 0 ..... ~ ~. Gt ~ S' (I) ~ n ,.. -t (I) c " ~. 0- m " OJ Gt Q. (I) Gt DJ :E 0- ClJ '< C Z Gt fA (I) s: 0 ~ (I) Gt fA 0- c en e: N' . . ClJ - O' ~ m )( - DJ II . N N 0 0 N ...a. 0) ...a. Z Z CD CD CD CD Q. Q. c,-~ ....... ....... ...... .... . ... .... ..... .... .... ... .. Ke~s to Success: . "fu\\ sef\/ice JaW' - ab\e to accommodate medica\, menta\ nea\tn, and management nousing . A. uni~ied trans?ortatlon s'Ystem is essentia\ S . A. uni~ied court s'Ystem ~or ~irst a??earances and arraignments is essentia\ Workgroup Update: . Working on Feasibility Study . Identified Scope of Work . Selected a Consultant . Ready to move forward with feasibility study ... .... ..... .... .... ... .. o - o Feasibility Study Funding Arrangement ... .... ..... .... .... ... .. . T ota' contract amount with DLR Group is $161,000. . Des Moines $12,880 . Federal Way $32,200 (*$19,320) . Tukwila $37,030 . Renton $78,890 -- ---> o Cost based on Average Daily population (ADP) *Federal Way portion with Auburn's Participation $19,320 ... .... ..... .... .... ... .. feas\b\\\ty study: . \dent\fy JaH programm\ng . s\te oescr\pt\on . conceptua\ oes\gn . staff\ng Formu\a . operat\ona\ Budgets . construct\on . operat\ons . Cost Benet\t Ana\YS\S ~ - u Feasibility Assumptions: ... .... ..... .... .... ... .. . The facUity wm be designed as a "fu\\ service jan" anticipating that we wm house ALL of our misdemeanor inmates . Medica\ . Menta\ . Management cf) ~ --------- ... .... ..... .... .... ... .. Assumpt\ons: {continued) . facility w\\\ be designed with 500 beds, with potentia\ ior expansion . 1he iac\lity shou\d be designed to meet ACA (American correctiona\ Association) standards . 1he iac\\ity wi\\ be based upon the cowlitz county Ja\\ -::r' - ~ ----- -------- Cowlitz County Facility: ... .... ..... .... .... ... .. . Team has seen and approved as comparab\e faciHty . APproximate\y 200 square feet per bed . Ho\ds an c\assifications of inmates . On-site medica\, \aundry, and kitchen faciHties \fl - l \j ---------- - ... .... ..... .... .... Example of a Jail floor plan with expansion capabilities I ~ .. FUTURE DETENTION HOUSING EXPANSION: 94 BEDS MAIN LEYrl: 7,578 GSF' MEZZANINE LEVEl: 3.544 GSF' TOTAL: 11.122 GSF' i!n nifj~ ,<1E/lIOI! f'!l'iC(O I'HT....Kt'SAU.y '1"JtC '\':>;\_':l,:... "~'} ::E ~ (!) < o I- 83 I-Z:::! L5~~ 0:::::;)1- <coo. ...l::;)W <<u ~u.8 ~Oli: Z~< 0-0:: uOO ~ - o PHASE 1 JAil MAIN LEVEL: PHASE 1 JAIL MEZZANINE LEVEL: PHASE 1 JAIL TOTAL: COURTS MAIN LEVEL: ESTlMA TED GRAN C) TOT AL: 28.250 GSF 4,850 GSF 33,100 GSF 12,217 GSF 45,317 GSr :ell CONCEPTUAL AREA TEST DIAGRAM FOR PURPOSES OF TeST BUDGETING ONLY NOT A FLOOR PLAN I Q.I ~l ~J iii .... .... ..... .... .... ... .. potential l\11\ennes: . 2001 _ Agreement on concept and ieasibmW studY . 2008 _ \ncorporat\on, iund\ng, siting, and iacmt'1 design . 2009 - construction . 20~0 - construction . 20~ ~ ~ opening oi iac\\\t'1 1 ..- o Est\mated constfuct\On costs . SCORE tbased upon 20'\'\) . 500 beds . const.ruct.iOn $SO-sSM . st.aff: '\04 f'Te. . Annual operat.ion: $'\3M . oa\\'/ Rat.e: $7'\ . oebt. serJices not. \ncluded . 'Total Annual cost. lor ~: $'\.SSM tAOP 60) . Ment.al, Medical and ManageOlent. inOlat.es \nc\uded . 'Transportat.ion ol \nOlat.es ...- .... ..... .... .... ... .. . fv-J Ja\\ lbased upon 2001) . '\ 00 beds . const.ruct.iOn: $'\7M . st.aff: 32 f'Te. . Annual operat.iOn: $3.4 ..P . oa\\'/ Rat.e: $93 ;s . oebt. serJ\Ces not. inclUded . 'Tot.al Annual cost.: $3.4M . No Mental and Medical inOlat.es VJit.hoUt. addit.ional cost . 'Transportat.ion ol inOlat.es done b'/ fv-JPO . OLR sUggested that -we acce\erate our bu\\d\ng p\ans -w\th occupancy p\anned ~or 20~0. ~cce\erat\ng the pro\ect cou\d save $3,000,000. Schedule: . Even -w\thout mod\~\cat\on, the ex\st\ng schedu\e \s ach\evab\e. --------------- ... .... ..... .... .... ... .. ~ ~ o ... .... ..... .... .... ... .. summary . ,here aren't suffic\ent beds ~or a\\ c\ties atter 20~O. . contracting ~or bed space into the ~uture wm 0 not ~u\tm maiorit)l o~ need. ~ . Cities need to move ~orWard with planning ~or construction o~ beds in partnershiP or alone. . . z )> )> CD -c -c >< -c -c ... .., .., en 0 0 < < ... Q) Ol CD - - -C 0- 0- tn . . .., .., - " ::J r-+ CD CD Ol .., en - 0 -- c- o -- Ol - -- r-+ - '< )> en co r-+ .., C CD a. CD '< 3 CD ::J r-+ (....2-\ ....... ....... ...... .... . COUNCIL MEETING DATE: November 20, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Ordinance to amend the name ofthe Federal Way Department of Public Safety to the Federal Way Police Department POLICY QUESTION: Should the City of Federal Way amend the name of Federal Way Department of Public Safety to the Federal Way Police Department? COMMITTEE: Parks, Recreation, Human Services and Public Safety Council Committee MEETING DATE: Nov. 13,2007 CATEGORY: D Consent D City Council Business [gJ Ordinance D Resolution D D Public Hearing Other ~!~!~-~~Q~!_~Y.:_~rt~~_!:_y{!!~<?~,_~~i~fgLJ?~!ic.~ DEPT: Police Department Attachments: 1. PRHS&PS Memo 2. An Ordinance Renaming the Department of Public Safety to the Police Department, Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council for first reading at the November 20th, 2007 meeting. 2. Modify the proposed Ordinance and forward to the full council for first reading at the November 20th, 2007 meeting. 3. Do not approve the proposed Ordinance. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: ~ C . ttee ~Cil DIRECTOR ApPROVAL: .tJ&....... 4t$)Jut7 /J-~ ,t};'~J~ Committee Council COMMITTEE RECOMMENDATION: PRPS recommends Option _ Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of changing the Department of Public Safety to the Police Department. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDmEFERREDINO ACI'ION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 TJ.. \ COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: TO: VIA: FROM: November 13, 2007 Parks, Recreation, Human Services & Public Safety Council Committee Neal J. Beets, City Manager Brian 1. Wilson, Chief of Police SUBJECT: An Ordinance of the City Council of the City of Federal Way, Washington, Amending the Name of the Department Of Public Safety to The Police Department, Amending Chapter 4 Animals. Background The City of Federal Way set up its own Police Department in October of 1996. At that time, they established the name of The Federal Way Department of Public Safety. There has been some confusion over the years with the interpretation of Public Safety. Everyone understands what Police Department stands for; enforcement of Laws; protection of people and property; education on crime prevention and safety; investigation of criminal offenses; and all other features that implement the safety and protection of our citizens. Weare respectfully requesting an Amendment of Chapter 2, Article IV, Section 2-133 of the Federal Way City Code to amend the name "Federal Way Department of Public Safety" to the "Federal Way Police Department". 'D-L-.- I ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCil OF THE CITY OF FEDERAL WAY, WASHINGTON, RENAMING THE DEPARTMENT OF PUBLIC SAFETY TO THE POLICE DEPARTMENT, AMENDING CHAPTER 2, ADMINISTRATION, CHAPTER 11, PARKS AND RECREATION, AND CHAPTER 15, TRAFFIC AND VEHICLES. (Amending Ordinance Nos 91-82, 95-252, 98-318, 00-376, 00-373, 01-391, 01-393, 01-396, 01-404, 03- 456,04-464) WHEREAS, the City of Federal Way established a Department Of Public Safety which consists of the police department and is commonly referred to as the police department; and WHEREAS, the name 'Department Of Public Safety' has at times been associated with other roles besides policing and thus can lead to confusion; and WHEREAS, in an effort to simplify the name and better describe the department, the City Council is finds it in the best interest of the public to rename the Department Of Public Safety to the Police Department; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS SECTION 1. Chapter 2, Article IV, Section 2-133 of the Federal Way City Code shall be amended to read as follows: 2-133 Establishment. There is established a city department known as the Federal Way public safety police department ("department"), whose duties and responsibilities shall include the protection of all persons and property located within the geographical boundaries of the city, as now existing or as hereinafter created by annexation or incorporation, and including those areas covered by mutual aid agreements and interlocal agreements which services may include, without limitation, police D-~ ORD# , PAGE I services, energy services, public safety dispatch information systems, public safety education, enforcement of penal and other code enforcement as may be directed by the city manager. References to a Federal Way department of public safety or public safety department shall also mean the Federal Way police department. (Ord. No. 95-252, S 1, 12-5-95) SECTION 2. Chapter 2, Article IV, Section 2-135 of the Federal Way City Code shall be amended to read as follows: 2-135 Appointment of director of public safety chief of police. A director of the department ("director") shall be appointed by the city manager. The city manaqer shall appoint a chief of police. The chief of police shall act as the director of the police department and also may be known as the police chief. The position of director chief of police shall be exempt from the civil service system. In addition to the duties of chief of police, the chief of police shall perform such other duties as may be delegated to the director desiqnated from time to time by the city manager, the director shall act as the police chief for the Gity. (Ord. No. 95-252, S 3, 12-5-95) SECTION 3. Chapter 2, Article IV, Section 2-136 of the Federal Way City Code shall be amended to read as follows: 2-136 Appointment of deputy director(s) of public safety chief of police. One or more deputy directors of the deportment chiefs of police ("deputy director chiefs") shall be appointed by the director chief of police. The deputy director(s) chiefs shall perform such duties as required by, and be directly accountable to, the director. The position(s) of deputy director chief(s) shall be exempt from the civil service system. (Ord. No. 95-252, 94, 12-5-95; Ord. No. 98-318,91,7-21-98) SECTION 4. Chapter 2, Article XI, Section 2-336 of the Federal Way City Code shall be amended to read as follows: 2-336 Disposition of confiscated and forfeited firearms. (a) All firearms taken into the custody of the Federol 'Nay department of public safety police department and no longer needed for evidence shall be disposed of as follows: (1) Firearms illegal for any person to possess shall be destroyed. (2) Antique firearms and firearms recognized as curios, relics, and firearms of particular historical significance by the United States Treasury Department Bureau of Alcohol and Tobacco, and firearms exempt from b-LI ORD# , PAGE 2 destruction shall be disposed of in accordance with RCW 9.41.098(c), or hereafter amended. (3) All other firearms that are judicially forfeited or forfeited due to a failure to make a claim under RCW 63.32.010 shall be destroyed, except that such firearms which meet the Feder31 'Nay department of public saf-ety police department's standard for use may be retained and used by the department. (Ord. No. 00-376, 9 1, 11-7-00) SECTION 5. Chapter 11, Article III, Section 11-55 of the Federal Way City Code shall be amended to read as follows: 11-55 Expulsion from parks. (a) In addition to another penalty imposed pursuant to this article, the director or designee may order the expulsion of any person from any park for a period of one to seven days if he or she observes such person: (1) Using abusive or disruptive language or engaging in conduct that disrupts a park facility or program. (2) Directing ethnic or offensive remarks at another person based on such person's actual or perceived race or ethnic group, nationality, religion, disability, sex or sexual orientation. (3) Using tobacco products in an unauthorized area or facility. (4) Causing injury or risk of injury to another person or persons. (5) Causing damage or risk of damage to city property. (6) Violating any provision of this article. (b) The director or designee may order the expulsion of any person from any park for a period of seven days to one year if such person: (1) Has been expelled from the park two or more times in any 30-day period. (2) Causes injury to another person. (3) Sells, possesses or uses alcohol or illegal drugs. (4) Possesses or uses any weapon. (5) Commits more than one violation of this article in any 12-consecutive- month period. (c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his or her last known address or delivered in person. (d) The director or designee may forward the written notice of expulsion along with the certified mail receipt to the dep3rtment of public safety police department. (1) The written notice of expulsion shall be a notice of trespass. (2) Any person on city park property, in violation of the written notice of expulsion, will be guilty of trespass. (3) The notice of trespass and expulsion will expire on the date indicated in the written notice of expulsion. \:)-5 ORD# , PAGE 3 (e) Any person who enters a park during a period during which he or she has been expelled under subsection (a) or (b) of this section is guilty of violating this article and will be subject to the enforcement in FWCC 11-54. (Ord. No. 91- 82, ~ 1(1)(E), 1-8-91; Ord. No. 01-396, S 2,7-3-01; Ord. No. 01-404, S 1, 10-2- 01 ) SECTION 6. Chapter 15, Article I, Section 15-12 of the Federal Way City Code shall be amended to read as follows: 15-12 Traffic safety school. (a) Authorized. A traffic safety school is hereby authorized to be administered by the department of public safety police department as a diversion program. (b) Purpose. The purpose of the traffic safety school is to instruct, educate, and inform all enrollees in the proper, lawful, and safe operation of motor vehicles, including but not limited to rules of the road and the limitations of persons, vehicles, and bicycles and roads, streets, and highways under varying conditions and circumstances. (c) Fee. The department of public safety police department shall charge a fee to traffic school participants for the purpose of reimbursing some or all of the cost of administering the traffic school. The amount of the fee shall be as established or amended by the city council by resolution. Participants in the traffic school shall remit said fee to the management services department in accordance with the procedures established by the department of public safety police department. (Ord. No. 00-373, 99 1 - 3,9-5-00) SECTION 7. Chapter 15, Article IV, Section 15-83 of the Federal Way City Code shall be amended to read as follows: 15-83 Parking privileges for disabled persons. The following state statutes, including all future amendments, additions or deletions, are adopted by reference: (1) RCW 46.16.381, Special parking privileges for disabled persons - Penalties - Enforcement. (2) RCW 46.61.581. (3) The department of public safety police department may appoint volunteers to enforce the parking laws for disabled persons as set forth in RCW 46.16.381(13) as currently written, or amended in the future. (Ord. No. 01-391, ~ 7,6-19-01 ) SECTION 8. Chapter 15, Article VIII, Section 15-220 of the Federal Way City Code shall be amended to read as follows: b-L ORD# , PAGE 4 15-220 Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Authorization means a notarized statement from a person with legal authority giving another person legal authority to act on his or her behalf. Costs of impoundment means the costs of removal, towing and storage incurred by a registered tow truck operator in impounding a vehicle as provided for herein. Court means the Federal Way municipal court. Department means the Federal Way dopartment of public safety police department. Director means 'the director of the Federal Way department of public safety police department. OWLS 1 means RCW 46.20.342(1 )(a) or as hereafter amended. OWLS 2 means RCW 46.20.342(1 )(b) or as hereafter amended. OWLS 3 means RCW 46.20.342(1 )(c) or as hereafter amended. Local ordinance means any ordinance or statute enacted by any town, city, municipality or county regardless of what state the ordinance or statute is enacted in. NVOUNo valid operator's license means RCW 46.20.005 or as hereafter amended. Penalties, fines, and forfeitures mean monetary obligations in addition to costs of removal, towing and storage of the vehicle. (RCW 46.55.110). Registered tow truck operator means the towing company awarded the contract for performance of impounds pursuant to FWCC 15-228(a), if the city manager exercises his or her option to seek bidders for an exclusive towing contract, or any towing company which the director requests pursuant to FWCC 15-228(b) to tow and impound vehicles. Registered tow truck operators shall hold a valid city of Federal Way business license and be registered with the state of Washington pursuant to Chapter 46.55 RCW. (Ord. No. 01-393, 9 1,6-19-01) SECTION 9. Chapter 15, Article VIII, Section 15-221 of the Federal Way City Code shall be amended to read as follows: 15.221 Impoundment. Whenever the driver of a vehicle is arrested for violation of OWLS 1, OWLS 2, or OWLS 3, NVOL, or for violation of RCW 46.20.345, the vehicle is subject to impoundment at the discretion of an officer of the department of public safety police department, by an authorized agent of the department, or by a registered tow truck operator acting at the request of an officer or authorized agent of the department. For purposes of this subsection, "arrested" includes, but is not limited to, being temporarily detained and served with a citation and notice to appear pursuant RGVV 46.64.015, as now or hereafter amended. (Ord. No. 01- 393,91,6-19-01) , D~\ ORD# , PAGE 5 SECTION 10. Chapter 15, Article VIII, Section 15-223 of the Federal Way City Code shall be amended to read as follows: 15-223 Notice of impoundment. (a) The person impounding the vehicle shall provide the driver of the impounded vehicle with a notice including the following: (1) The name of the impounding registered tow truck operator, its address, and telephone number; (2) The location and time of the impound, and by whose authority (including the name of the officer or authorized agent of the department) the vehicle was impounded; (3) Notice that there may be a mandatory period of impoundment under FWCC 15-222 as determined by the municipal court; and (4) A form, approved by the city, which describes the right to and process for vehicle redemption requirements as set forth in FWCC 15-224, and which describes the process of FWCC 15-225 for contesting an impound or the costs of impoundment. (b) Not more than 24 hours after impoundment of any vehicle, the registered tow truck operator shall mail a copy of the notice described in subsection (a) of this section by first class mail to the last known address of the legal and registered owner(s) of the vehicle, as may be disclosed by the vehicle identification number and/or as provided by the Washington State Department of Licensing. If the vehicle is redeemed prior to the mailing of this notice, the notice need not be mailed. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court. If the registered tow truck operator wishes to request that the person seeking redemption of the vehicle pay a security deposit, the notice shall also state that the person who desires to redeem an impounded vehicle at the end of the mandatory period must within five days of the impound pay a security deposit to the registered tow truck operator of not more than one-half of the applicable impound storage rate for each day of the proposed period of impoundment, as set forth in FWCC 15-222, to ensure payment of the costs of impoundment. The notice shall state that if the security deposit is not posted within five days of the impound, the vehicle will be processed and sold at auction as an abandoned vehicle pursuant to RCW 46.55.130. (c) The registered tow truck operator or the dop3rtment of public s3fety police department, as applicable, shall provide notice as described in subsection (a) of this section by first class mail to each person who contacts the department or the registered tow truck operator seeking to redeem an impounded vehicle, except that if a vehicle is redeemed prior to the mailing of notice, then notice need not be mailed. The registered tow truck operator shall maintain a record evidenced by the redeeming person's signature that notice was provided directly to the person redeeming the vehicle. A proof of mailing form shall be completed by the registered tow truck operator and filed with the municipal court. ORD# , PAGE 6 \)-2 (d) If the date on which a notice required by subsection (b) of this section is to be mailed falls upon a Saturday, Sunday, or postal holiday, the notice may be mailed on the next day that is neither a Saturday, Sunday, nor a postal holiday. (Ord. No. 01-393, ~ 1,6-19-01; Ord. No. 03-456, ~ 1, 12-2-03) SECTION 11. Chapter 15, Article IX, Section 15-246 of the Federal Way City Code shall be amended to read as follows: 15-246 Penalty. (a) Any person violating any provision of this article shall be guilty of a traffic infraction and shall be punished by the imposition of a monetary penalty not to exceed $250.00, exclusive of statutory assessments; provided, that conduct that constitutes a criminal traffic offense may be charged as such and is subject to the maximum penalties allowed for such offenses. (b) Scooter safety school. (1) In addition to the other means of enforcement provided in this article, a scooter safety school is hereby authorized to be administered jointly by the department of public safety police department and the department of parks, recreation and cultural services as a diversion program available to those who violate the provisions of this chapter for the first time. (2) The purpose of the scooter safety school is to offer those who have violated the provisions of this chapter for the first time instruction, education, and information regarding the proper, lawful, and safe operation of scooters and similar devices, including but not limited to the state motorized foot scooter regulations in RCW Title 46, the rules of the road, and the limitations of persons, vehicles, and bicycles on roads, streets, and highways under varying conditions and circumstances. (3) The departmont of public safety police department and department of parks, recreation and cultural services shall charge a fee to scooter school participants for the purpose of reimbursing some or all of the cost of administering the scooter school. The amount of the fee shall be as established or amended by the city council by resolution. Participants in the scooter school shall remit said fee to the management services department in accordance with the procedures established by the dopartment of public safety police department. (Ord. No. 04-464, ~ 7, 9-21-04) SECTION 12. 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 , PAGE 7 D-~ ORD# 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. SECTION 13. Corrections. The City Clerk and the codifiers of this 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 14. Concurrent Leqislation. A currently pending ordinance, Ordinance number _, An Ordinance Clarifying Language, Correcting References, And Correcting Other Inadvertent Errors, amends FWCC 2-336 as does this one; changes made to FWCC 2-336 in this ordinance are intended to be in addition to any changes made by the other ordinance, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by the other ordinance. SECTION 15. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. D-1D ORD# , PAGE 8 SECTION 16. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of ,200_. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: , PAGE 9 b-t\ ORD# COUNCIL MEETING DATE: NOVEMBER 20TH, 2007 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Correcting Various Nonsubstantiative Errors In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE CORRECTING VARIOUS NONSUBSTANTlATlVE ERRORS IN THE FEDERAL WAY CITY CODE? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: Nov. 13th, 2007 CATEGORY: o Consent o City Council Business ~ Ordinance o Resolution DEPUTY CITY ATTORNEY o o Public Hearing Other STAFF REpORT By: AARON DEPT: Law Staff is proposing to reorganize and re-codify the current Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number of typographical errors, scrivener's errors, incorrect references, and unclear language that should be corrected. Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning comrnission and each Council Committee. Attachments: Staff report, nonsubstantiative correction ordinance with 2 appendixes. Options Considered: I. Recommend approval of the Ordinance and forward to the full Council for first reading at the November 20th, 2007 meeting. 2. Modify the proposed Ordinance and forward to the full council for first reading at the November 20th, 2007 meeting. 3. Do not approve the proposed Ordinance. STAFF RECOMMENDATION: Appr CITY MANAGER ApPROVAL: Council DIRECTOR ApPROVAL: ~. Conunittee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move approval of Option _ ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # E ~\ ~ CITY OF ~ Federal Way STAFF REPORT DATE: TO: OCTOBER 10TH, 2007 CITY COUNCIL MEMBERS PLANNING COMMISSION MEMBERS FROM: NEAL BEETS, CITY MANAGER; PAT RICHARSON, CITY ATTORNEY LAURA HATHAWAY, CITY CLERK AARON WALLS, DEPUTY CITY ATTORNEY cc: SUBJECT: STAFF REPORT ON THE REORGANIZATION AND RE-CODIFICATION OF THE FEDERAL WAY CITY CODE AND THE CORRECTION OF NONSUBSTANTIATIVE ERRORS. Staff has researched the feasibility and desirability of a re-codification and republication of the Federal Way City Code (Code or FWCC) and proposes the re-codification of the Code into a renamed Federal Way Revised Code (FWRC). Similar to the state RCW's, the new codification will be based on a decimal system of title, chapter, subchapter and section, with references being to title, chapter, and section. The current system is based on a chapter, article, division, and section nomenclature with references being only to chapter and section. The intent of the reorganization of the Code is to make it more user friendly for both the city staff and the public. The cost of this process will be approximately $7500 arid will take an estimated 2 - 4 months. Duriflg the process of reviewing the Federal Way City Code (FWCC) for the purpose of reorganizing and re-codifying, Staff has also located a number of typographical errors, scrivener's errors, incorrect references, and unclear language in various sections that should be corrected prior to the final re-codification. A proposed ordinance sets forth each section needing correction with the proposed corrections. The reorganization will consolidate provisions dealing with boards, commissions, and government personnel and departments into Title 2. The tax and finance chapters will be consolidated. Streets, parks, and public places will be consolidated. Crimes will be consolidated into a public safety and welfare title. Nuisances will be consolidated into a public nuisances chapter. Animal regulations will be consolidated into an animal title. Utility regulation will be consolidated into one title. Alarms and fireworks will be consolidated with the business title. Building regulations and the fire code will be consolidated. Shoreline management will be divided from SEPA related regulations. Water quality regulations will be consolidated with surface water management. The zoning code will be reorganized and renamed the zoning and development code title. /;-2- Some sections will be removed from what is currently the zoning chapter. These include administrative regulation dealing with city employees, which will be moved to the government title. Certain nuisance type prohibitions will be moved to the public nuisances title. Water quality regulations will move to surface water management. Although the planning commission generally has jurisdiction over matters in the zoning chapter, the commission's jurisdiction is actually defined by process VI. Although process VI addresses amendments to the text of the zoning chapter, it also generally covers development regulations throughout the Code, thus the Planning commission's authority will not be affected by the reorganization. Additionally FWCC 22-59 and FWCC 22-523 provide the planning commission jurisdiction over any council authorized items. During this process internal citations will be corrected and made more regular. Subsections and subparagraph will be re-enumerated to one consistent style, that of the RCW's, using the following sequence and style: (1 )(a)(i)(A)(I). Numbering will be removed from definition lists and the words defined shall be indented, italicized, and set off with quotation marks. Cross references will be updated and expanded. Staff is recommending proceeding with a Council resolution to direct the preparation of a draft reorganization of the Code as well as with an ordinance to correct the nonsubstantiative errors that have been found. Each proposal will be presented to the planning commission and each council committee. Attached are the proposed ordinance with two appendixes, a proposed resolution, a comparison outline of the old and new Codes, and a full outline of the new Title 2 for illustrative purposes. E-?:J 2 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON; CLARIFYING LANGUAGE, CORRECTING REFERENCES, AND CORRECTING OTHER INADVERTENT ERRORS; AMENDING CHAPTER 2 ARTICLE VIII, CHAPTER 3 ARTICLE II, CHAPTER 4 ARTICLE I, CHAPTER 9 ARTICLE IV, AND CHAPTER 22 ARTICLES II, IV.S, VI, VII, VIII, XI, XIII, XVII, XVIII, XXI. (Amending Ordinance No's 90-30, 90-43, 91-87, 91-90, 92-133, 92-153, 93-170, 93-182, 93-193, 96-270, 97-291, 99-333, 99-337,99-341,99-348,99-357,00-375,00-376, 01-399, 02-424, 05-486, 05- 487, 06-515, 06-523, 06-527) WHEREAS, the City of Federal Way is in the process of re-codifying the Federal Way City Code (FWCC) and through this process has found various typographical errors, codification errors, redundant sections, unclear sections, inaccurate references, and other inadvertent errors have been introduced into the code over time; and WHEREAS, none of the changes to the FWCC contained in this Ordinance are intended to create substantiative changes to the law; WHEREAS, in 1997 substantial changes were made to the zoning code including changing the nomenclature of the zoning processes and during this amendment a number of inadvertent referencing errors were introduced; WHEREAS, many sections include errors of syntax and grammar, inconsistencies of format and style, including as follows, FWCC 2-253 inaccurately references a state statute; FWCC 3-3 inaccurately references a FWCC section; FWCC 4-1, in addition to format and grammatical errors, inaccurately references a King County Code section, has redundant references to FWCC ORD# , PAGE 1 ~-~ sections, and is missing the definition of "vicious" which was inadvertently removed in Ordinance 06-527 and reenacted without reference under Ordinance 06-530; FWCC 4-16 is not applicable as it purports to set policy for King County and is duplicative of King County law; FWCC 4-24 inaccurately references a FWCC section, and references King County rather than Federal Way; FWCC 9-156 is redundant with FWCC 4-1; FWCC 9-186 should be clarified and inaccurately references two FWCC sections; FWCC 16-44 inaccurately references process I instead of process III; FWCC 18-51 inaccurately references a FWCC section; FWCC 22-32.2(3) should be clarified in light of FWCC 22-351 and 22-361; FWCC 22-351 and FWCC 22-361 contain surplus language; FWCC 22-353 inaccurately references a FWCC section, and is missing a section required by state law; FWCC 22-354 should be clarified; FWCC 22-355 should be clarified; FWCC 22-361 et. seq. (process II) lacks an application process required by state law; FWCC 22-365 needs reformatting; FWCC 22-367 inaccurately references a FWCC section; FWCC 22-368 inaccurately references a process, and should be clarified; G: ...5 ORD# , PAGE 2 FWCC 22-392 should be clarified and contains an inaccurate statement that is in conflict with FWCC 22-397; FWCC 22-396 contains inaccurate, surplus language, and contains an inaccurate statement that is in conflict with FWCC 22-397; FWCC 22-397 should be clarified; FWCC 22-406 contains redundant language and needs clarification; FWCC 22-407 is missing a word; FWCC 22-436 should be clarified and has inaccurate language that conflicts with FWCC 22-447; FWCC 22-446 should be clarified and has an inaccurate reference; FWCC 22-447 should be clarified; FWCC 22-449 inaccurately references a FWCC section; FWCC 22-481 is unclear and has an inapplicable section; FWCC 22-638 has an inapplicable section; FWCC 22-947,22-947,22-948,22-950,22-951, and 22-958 should be clarified as to their application and effect; FWCC 22-947 has a redundant reference to state law; FWCC 22-959 is not applicable and has a redundant reference to state law; FWCC 22-981 and FWCC 22-1071 are redundant and need to be merged into FWCC 22-981; FWCC 22-1047 contains an inaccurate reference to a process; FWCC 22-1111 is redundant and needs to be merged with FWCC 22- f-~ , PAGE 3 ORD# 1112; FWCC 22-1112 has a redundant section; FWCC 22-1131, FWCC 1132, FWCC 1133 and FWCC 1134 are duplicative and need to be merged into FWCC 1133; FWCC 22-1201 should be clarified as to their application and effect; FWCC 22-1563 inaccurately references a FWCC section; FWCC 22-1568 is missing a phrase; FWCC 22-1599 is missing a reference; FWCC 22-1653 inaccurately references a FWCC section; FWCC 2-336 inaccurately references an RCW section and should be clarified; and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to correct errors and clarify 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 1. Chapter 2, Article VIII, Section 2-253 of the Federal Way City Code shall be amended to read as follows: 2-253 Definitions. All terms used herein shall, in addition to their ordinary meaning, also be defined according to (1) stato statute Cfhapter ~69.50 RCW, (2) city ordinance, or (3) common law, in that order of preference. (Ord. No. 93-182, ~ 4,7-20-93) SECTION 2. Chapter 3; Article II, Section 3-3 of the Federal Way City Code shall be amended to read as follows: ORD# , PAGE 4 t;-l 3-3 Service charges for excessive false alarms. (al) Service charges will be assessed by the city clerk for excessive false alarms during the registration year as follows: Fourth and fifth false alarms: fee set forth in fee resolution. Sixth and additional false alarms: fee set forth in fee resolution. (92) The city clerk shall notify the alarm user and the alarm business by regular mail of the fourth false alarm, the fine and the consequences of the failure to pay the fine. The city clerk shall also inform the alarm user of the right to appeal the validity of the false alarm determination, as provided in FWCC 3-W3- ~. If the service charge has not been received in the city clerk's office within 60 days from the day the notice of service charge was mailed by the city clerk's office, and there is no appeal pending on the validity of the false alarm, the city clerk shall send the notice of service charge by certified mail along with a notice of late fee as set forth in fee resolution. If payment is not received within 10 days of the day the notice of late fee was mailed, the police chief may initiate the no response process and enforcement of penalties. (Ord. No. 93-193, ~ 3, 11-9-93) SECTION 3. Chapter 4, Article I, Section 4-1 of the Federal Way City Code shall be amended to read as follows: 4-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: ~~batement.:..sRaU mean~ the termination of any violation by reasonable and lawful means determined by the director of the animal control authority in order that a person or a person presumed to be the owner shall comply with this chapter. "Adult cat' means a cat of either sex, altered or unaltered, that has reached the aQe of six months. "Adult doq" means one of either sex, altered or unaltered, that has reached the aQe of six months. . ~J1nimal':"sRaU mean2 any living creature except human beings, insects and worms. ~~nimal control authority::' sRaU mean the county animal control division, department of general services, acting alone or in concert with other municipalities for enforcement of the animal control laws of the county and city for the shelter and welfare of animals. ~~nimal control officer::. sRaU mean~ any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. ORD# , PAGE 5 E; ~ ~Animal rescuer:: means any individual who routinely obtains an unwanted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. ~Cattery~ means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat is ono of either sex, altered or unaltered, that has reached the age of six months. ::Dangerous dog~{ shall mean~ any dog that according to the records of the animal control authority: (1) Has inflicted severe injury on a human being without provocation on public or private property.~ (2) Has killed a domestic animal without provocation while off the owner's property,~ ef (3) Has been previously found to be potentially dangerous, and the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals.~ (4) Has a known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals based upon notice to the owner,~ (5) Bites or attacks without provocation after prior notice to the owner,~ or (6) Is defined as a "dangerous dog" under RCW 16.08.070 as it currently exists or is amended in the future. ~'Directo~sRaU mean~ the director of the county department of health. ::Oomesticated animaC sRaU mean~ those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, lamb, goat, sheep, hog or other animal made to be domestic. ~Euthanasia::"'st+aU mean~ the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. ~Grooming service~ means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. ~Harboring, keepingL or maintaining a dog or cat.:,sRaU mean~ performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such manner as to control the animal's actions, or that the animal is treated as living at one's house by the homeowner. ~Hobby cattery ':'means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species provided, howover, a combination hobby cattery/kennellicense may be issuod where tho total numbor of cats ::md dogs excoeds the number allo'l.'od in FWCC 9 186. ORD# , PAGE 6 t= -1 ~'Hobby kenne( means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species provided, hO'Never, a combination hobby cattery/kennel license may be issued where the totol number of cats ond dogs exceeds the number allO'...,ed in FWCC 9 169.1. ::'Juvenile~' means any dog or cat, altered or unaltered, that is under the age of six months. ~1(enneJ.:..sRaU mean~ a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital or clinic or pet shop. An adult dog is ono of either sox, altered or unoltored, thot has reached tho age of six months. ::'Known propensity",:,sAaU mean~ an inclination for behavior that the owner is or should be aware of. ::'Livestock~means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but does not include small, wild or predatory animals, as defined in King County Code Section 21.01.510 21A.06.065. ~'Owner"':'sJ::laU mean~ any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. ~'Packs of dogs::' sholl consist of means a group of two or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. ::,Pet shop~shaU mean~ any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rent such live animals to the public or to retail outlets. ~'Potentially dangerous dog':'sI1aU mean~ a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and/or domestic animals and as defined under any dog that meets the definition of potentially danQerous dOQ as defined by RCW 16.08.070. ::Running at large~sAaU mean~ to be off the premises of the owner or custodian and not secured by a leash 15 feet or less. ::Service anima/~means any animal, which is trained or being trained to aide a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization. ::'Severe injul)I~sAaU mean~ any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. ::Shelte~st:J.a# mean~ a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. E-Jo ORD# ,PAGE7 ~Special hobby kennellicense~ means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in this chapter. ~Under controCsRaU mean~ the animal is under voice competent and/or signal control so as to thereby be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. "Vicious" means the act of or the propensity to do any act endanqerinq the safety of any person, animal, or property; includinq but not limited to bitinq a human beinq, attackinq human beinqs, or attackinq domesticated animals without provocation. (Ord. No. 90-30,9 2(A) - (N), (P) - (T), 2-13-90; Ord. No. 92-153, 9 2, 11-17-92; Ord. No. 06-527, 9 1,6-20-06; Ord. No. 06-530, 9 1,8-1-06) SECTION 4. Chapter 4, Article I, Section 4-16 of the Federal Way City Code shall be amended to read as follows: II 16 Euthan~H;ia rate targets. (a) It shall be the policy of King County that the following maximum euthanasia rate targets are used to measure the progress to'Nards reducing the rates of unwanted, healthy pet cats and dogs destroyed by the animal control authority and/or its designees. The euthanasia rates shall not include animals that are destroyed because they are feral, medically or temperamentally unsuitable for adoption of have been released by their owners for owner requested euthanasia. The computation of the euthanasia rates shall be based on a population 'I/hich is defined as all of King County, except the city of Seattle. (1) The number of healthy dogs and cats destroyed by King County animal control and its designees oxceeds 11 cats per 1,000 persons living in the county and 6.6 dogs per 1,000 persons living in the county for any given year ending December 31 st; or (2) The number of healthy dogs and cats destroyed by King County animal control or its designees exceeds 5.5 cats per 1,000 persons living in the county nnd 3.3 dogs per 1,000 persons living in the county for the year ending December 31, 1996;or (3) The number of healthy dogs and cats dectroyed by King County animal control or its designees exceeds 1.7 cats per 1,000 persons living in the county and 1.0 dogs per 1,000 persons living in the county for the year ending December 31 , 2000. (b) The animal control authority shall report annually to the Federal \^lay city council about the number of unvKlnted, healthy pets destroyed and what additional measures or programs might be recommended for council approval to reduce the euthanasia rates. (Ord. No. 92 153, ~ 9, 11 17 92) SECTION 5. Chapter 4, Article I, Section 4-16 of the Federal Way City f -it ORD# , PAGE 8 Code shall be amended to read as follows: 4-24 Mandatory spaying and neutering. (al) No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to FWCC 9~106. (b~) Guide dog puppies in training and police service dogs are exempted from the provision of this section. (G~) Any dog or cat over the age of six months adopted from an animal shelter in King County Federal Way shall be spayed or neutered before transfer to the owner. (Ord. No. 92-153, 9 3,11-17-92) SECTION 6. Chapter 9, Article IV, Section 9-156 of the Federal Way City Code shall be amended to read as follows: 9-156 Definitions. The definitions under Chapter 4, Animals, shall apply throuQhout this Article. The following words, terms ~md phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal control authority shall mean the county animal control division, department of goneral services, acting alone or in concert with other municipalities for enforcement of the animal control laws of the county and city for tho shelter and welfare of animals. Animal control officor shall mean any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this article or any other law or ordinance relating to the impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in '.vhole or in part include assignments 'Nhich involve the seizure and taking into custody of any animal. Animal rescuer means any individual 't.'ho routinely obtains an unv.'anted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat; provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. Cattery means a place 'Nhere four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, 'Nhether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat is one of either sex, altered or unaltered, that has reached the age of six months. Grooming service means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. Hobby cattery means a noncommercial cattery at or adjoining a private residence where four or morc adult cats are bred or kept for exhibition for organized shO\\'s ~-I2- ORD# , PAGE 9 ~ ~' SEC1\O\'l1- Chapter 9. Article N. section 9-186 oHhe federal W a~ Cit~ Code ~nded to read as {oIlOINs: 9-186 !-\obbY Kennels ;!!!!!Lor hobbY catterY- b'~ 1 PAGE 10 (a1) Limitation on number of dogs and cats allowed. The total number of dogs and cats over six months of age kept by a hobby kennel and/or hobby cattery based on the following guidelines: (+Q) Animal size; (2Q) Type and characteristics of the breed; (3!!) The amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres and the maximum number shall not exceed five where the lot area is less than 35,000 square feet; (49.) The facility specifications/dimensions in which the dogs and cats are to be maintained; (a~) The zoning classification in which the hobby kennel and/or hobby cattery would be maintained. (b~) Limitation on reproduction. The hobby kennel and/or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat. (6~) Limitation on advertising. The hobby kennel and/or hobby cattery shall not have signs, displays or other visual representations not already permitted in the zone. (91) Immunization. Each dog and cat in the hobby kennel and/or hobby cattery shall have current and proper immunization from disease according to the dog's and cat's species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age. (e~) License issuance and maintenance. Only when the director is satisfied that the requirements of King County Code Section 11.04.060(C)(1) through (5) have been met, a hobby kennel and/or hobby cattery license may be issued. The license will continue in full force throughout the license year unless, at any time, the hobby kennel and/or hobby cattery is maintained in such a manner as to: (+~) Exceed the number of dogs and cats allowed at the hobby kennel and/or hobby cattery by the animal control authority. (2Q) Fail to comply with any of the requirements of King County Code Section 11.04.060(C)(1) through (5). (fm Compliance. All hobby kennel and hobby catteries shall comply with the provisions of FWCC 9400156, 9 186 through 9400192. (Ord. No. 90-30, S 10(8) - (G), 2-13-90; Ord. No. 92-153, S 12(8) - (G), 11-17- 92) SECTION 8. Chapter 18, Article II, Section 18-51 of the Federal Way City Code shall be amended to read as follows: 16-44 Variance procedures. (a1) All applications for variances from the foregoing underground requirements shall be processed using process 111 procedure as set out in FWCC 22-386 et seq., with the exception that all references to "planning department" E~/Y ORD# , PAGE II contained within FWCC 22-386 et seq. shall be substituted with "public works department," and all references to "planning official" in FWCC 22-386 et seq. shall be substituted with "public works director." The criteria for granting a variance shall be as set out in subsection (g~) of this section. (l:}f.) Underground requirements shall be waived or modified by a variance only if the owner of electrical or communication facilities or the user thereof, or any other affected person can demonstrate that it would be an undue hardship to construct such facilities underground. The term "undue hardship" shall mean either: (+~J The installation would be technologically unfeasible; or (2Q) The cost of the underground construction outweighs the general welfare consideration in requiring underground construction. (Ord. No. 91-90, ~ 6, 3-19-91) SECTION 9. Chapter 18, Article II, Section 18-51 of the Federal Way City Code shall be amended to read as follows: 18-51 Administrative appeals. (a) Any interested party may appeal to the hearing examiner a threshold determination, or the adequacy of a final environmental impact statement and conditioning or denial of an action. The appeal shall be conducted under the provisions of process IV, FWCC 22-431 et seq.; provided, that the notice distribution requirements of FWCC 22-436~(2)(b) shall be replaced with the notice distribution requirements of FWCC 18-49(a) - (f). (b) Appeal procedures shall be conducted under the provisions of WAC 197-11-680(3). Appeals are subject to the restrictions in RCW 36.708.050 and 36.708.060 that local governments provide no more than one open record hearing and one closed record appeal for permit decisions. (c) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion of the giving of required notices, whichever is longer. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. (d) All relevant evidence shaJI be received during the appeal and the decision shall be made de novo. The determination by the city's responsible official shall carry substantial weight in any appeal proceeding. (e) The decision of the hearing examiner on an appeal filed under this section shall be final. (f) Appeals of the hearing examiner's final decision shall first be to the city council as provided in process IV, FWCC 22-431 et seq. (g) For any appeal under this section, the city shall provide for a record that shall consist of the following: (1) Findings and conclusions; (2) Testimony under oath; and (3) A taped or written transcript. (h) Upon filing an appeal to the city councilor a judicial appeal, any f-l5 ORD# ,PAGE 12 certified copies or written transcripts required for such shall be prepared by the city at the expense of the appellant, subject to possible reimbursement of transcript preparation costs as provided in FWCC 22-446. (Ord. No. 90-40, S 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 10. Chapter 22, Article II, Section 22-32.2 of the Federal Way City Code shall be amended to read as follows: 22-32.2 Review processes for improvements and additions to developed sites. Improvements and/or additions to existing developed sites shall be subject to land use review processes as follows: (1) Process I. Improvements and/or additions to an existing developed site that are exempt from SEPA shall be processed using process I, provided the improvements and/or additions do not exceed any of the following thresholds: fa}- There is no change of use. fb}. There is no reduction in the amount of required landscaping, buffering, open space, or public areas. fc}. There is no material change or reduction in the amount of required parking. fe}. There is no material change in the location of utilities, easements, or pedestrian connections. (f}. There is no material change to the approved architectural design. (g}. There is no additional adverse impacts to sensitive areas or significant trees. (2) Process II. Improvements and/or additions to an existing developed site that are exempt from SEPA and exceed the thresholds provided above in F'NCC 22 32.2(3) in subsection 1 shall be processed using process II. (3) Improvements not exempt from SEPA. Improvements and/or additions to an existing developed site that are not exempt from SEPA shall be processed consistent '.vith the required re'lio'l/ process as under process Ill, unless process IV is indicated by identified in the applicable use zone chart in which case process IV shall be used. (Ord. No. 97-291,93,4-1-97) SECTION 11. Chapter 22, Article IV.B, Section 22-351 of the Federal Way City Code shall be amended to read as follows: 22-351 Generally. Various places of this chapter indicate that certain developments, activities, or uses are permitted only if approved using process I. 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. Any process I application not categorically exempt from the State Environmental E-lfa ORD# , PAGE 13 Policy Act, Chapter 43.21C RCW, shall be reviewed pursuant to the procedur31 requirements of process III of this chapter. Any appeals of the director's decision 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 12. Chapter 22, Article IV.B, Section 22-353 of the Federal Way City Code shall be amended to read as follows: 22-353 Applications. (a1) Who may apply. Any person, personally or through an agent, may make application for a process I land use decision. (92.) 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 use or activity, and information required by FWCC 22-3233. (6~) 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. (61) Director authority. The director of community development services may modify the submittal requirements as deemed appropriate. (e~) Routing of application. An 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 receivinq an application, the city must determine whether 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 known to the city, the other aqencies of local, state, or federal qovernment that may have iurisdiction over some aspect of the proposed development activity. 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 paraqraph. (b) Within 14 days after an applicant has submitted the additional information identified by the city as beinq necessary for a complete application, the city shall notify the applicant whether the application is complete or whether additional information is necessary. (c) Additional information. A determination of completeness shall not preclude the city from requestinq additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or substantial chanqes in the proposed action occur. (Ord. No. 97-291, S 3, 4-1-97; Ord. No. 00-375, S 10, 10-3-00) [;-/l ORD# ,PAGE 14 SECTION 13. Chapter 22, Article IV.B, Section 22-354 of the Federal Way City Code shall be amended to read as follows: 22-354 Notice of administrative decision. The director of community development services shall mail in a timely manner a copy of his or her decision to the applicant~aOO any person who submitted comments on the application, and any person who Has requested a copy. No other notice is required. (Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 00- 375, ~ 10, 10-3-00) SECTION 14. Chapter 22, Article IV.B, Section 22-355 of the Federal Way City Code shall be amended to read as follows: 22-355 Appeals. (al) Who may appeal. The decision of the director of community development . services may be appealed by the applicant, any person who submitted written comments or information, or any person who has specifically requested a copy of the decision. The applicant ~md any person who recoived notice of the administrative decision under R^/CC 22 351 may appeal the administrative decision. (92.) How and when to appeal. The appeal, in the form of a letter 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 letter of appeal must contain: (4-f!.) A statement identifying the decision being appealed, along with a copy of the decision; (~h) 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 (~) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (6~) 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. (G1) Appeal process. Appeals of an administrative decision will be reviewed and decided upon using the process for appeals outlined in Article VI, Process III Review - Project Approval, of this chapter. (Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 00-375, ~ 10, 10-3-00; Ord. No. 01-399, ~ 3, 8-7-01) SECTION 15. Chapter 22, Article V, Section 22-361 of the Federal Way City Code shall be amended to read as follows: 22-361 Administration. Various places of this chapter indicate that certain developments, activities or uses are permitted only if approved using process II. This article describes E.~l ~ ORD# , PAGE 15 process II. In addition, 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. Under process II, the director of community development services will make the initial land use decisio'n and the decision on the community design guidelines. Appeals of both decisions will be decided by the hearing examiner after a public hearing. Process II applications are exempt from the procedural requirements set forth in RCW 36.708.060 and 36.708.110 through 36.708.130. Any process II application not categorically exempt from the State Environmental Policy Act, Chapter 43.21 C RCW, shall be reviewed pursuant to the procodur::lI requirements of process III of this chapter. (Ord. No. 90-43, ~ 2(175.10(1)), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 16. A new section shall be added to Chapter 22, Article V, of the Federal Way City Code to read as follows: 22-362 Applications. (1) Who may apply. Any person, personally or throuqh an aqent, may make application for a process I land use decision. (2) How to apply. The applicant shall file a completed master land use application. Accompanyinq 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 22-33. (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 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 route for comment an application to other staff members or departments. (6) Completeness. (a) Within 28 calendar days of receivinq an application, the city must determine whether 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 known to the city, the other aqencies of local, state. or federal qovernment that may have iurisdiction over some aspect of the proposed development activity. 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 paraqraph. (b) Within 14 days after an applicant has submitted the additional information identified by the city as beinq necessary for a complete application, f-l'l ~ ORD# ,PAGE 16 the city shall notify the applicant whether the application is complete or whether additional information is necessary. (c) Additional information. A determination of completeness shall not preclude the city from requestinq additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or substantial chanqes in the proposed action occur. SECTION 17. 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. (a1) Applicability. The director of community development 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: (bf.) Site plan criteria. (~~) It is consistent with the comprehensive plan; (~Q) It is consistent with all applicable provisions of this chapter; (J!!) It is consistent with the public health, safety, and welfare; (4g) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; and (a~) The proposed access to the subject property is at the optimal location and configuration for access. (G~) Community design guideline decisional criteria. (1) It is consistent with site design standards set forth in FWCC 22-1634 for all zoning districts; (2) It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and (3) 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 development services as being applicable. (Ord. No. 90-43, ~ 2(175.10(4)).2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 18. Chapter 22, Article V, Section 22-367 of the Federal Way City Code shall be amended to read as follows: 22-367 Authority. (a1) 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 the administrative guidelines, if any, adopted under FWCC 22-36a6. (b~) 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 E-ZV ,PAGE 17 ORD# person who submitted written comments, or any person who specifically requested a copy of the director's decision. (Ord. No. 90-43, ~ 2 (175.10(6), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 19. Chapter 22, Article V, Section 22-368 of the Federal Way City Code shall be amended to read as follows: 22-368 Appeals. The applicant, any person who submitted written comments,- or any person who specifically requested a copy of the decision may appeal the site plan approval or conditions of such approval and/or community design guideline conditions to the city's hearing examiner using the provisions to appeal a decision of the director of community development services ef in process Will of this chapter. The applicant, any person who submitted written comments, or any person 'f/ho specifically requested a copy of the director's decision mayappoal a Notwithstandinq any contrary provisions of 22-406, the hearing examiner's decision on an appeal under this section is the final decision of the city and may be may be reviewed pursuant to Chapter 36.70C RCW in the KinQ County superior court, except that in cases involvinq a site plan approval for a public utility located in a BN (neighborhood business), BC (community business), or OP (office park) zone the hearinq examiner's decision is not the final decision of the city and such decisions may be appealed to the city council pursuant to FWCC 22-446 through 22-456. Modifications required to bring the proposal into compliance with this chapter or any other applicable laws are not appealable. (Ord. No. 90-43, ~ 2(175.10(7),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 20. Chapter 22, Article VI, Section 22-392 of the Federal Way City Code shall be amended to read as follows: 22-392 Notice. (al) Content. The director of community development services shallJ, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (.:t-~) The name of the applicant and, if applicable, the project name. {Q} The date of application, the date of the notice of completion for the application, and the date of the notice of application. (2-9) The street address of the subject property or, if this is not available, a locational description of the location of the property in non:legallanguage. 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. (3) The citation of the provision of this chapter describing the requested decision and to the extent known by the city, any other permits which am not included in tho application. (4Q) A brief description of the requested decision, includinq a citation to the provision of this chapte'r governinq the request, a list of the project permits included in the application"and, if applicable, a list of any studies requested. To ,PAGEl8 E .,.~\ ORD# the extent known by the city. the notice shall include any related permits which are not included in the application. ({)~) A statement of the availability of the official file. (ef) A statement of the right of any person to submit written comments to the director of community development services regarding the application within 15 days of the date of the notice. (19) A statement that only the applicant, persons who submit written comments to the director of community development servicesLor persons who specifically requests a copy of the original decision may appeal the director's decision. (3h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (91) 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 36.708.040. (b2,) Distribution. Within 14 calendar days of issuing the letter of completeness, the director of community development services shall distribute this notice of application as follows: (~~) A copy of the notice of application will be published in the official daily newspaper of the city. (~h) 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. (~) 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. (49.) 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, 9 2(145.30), 2-27-90; Ord. No. 97-291, 93,4-1-97; Ord. No. 01- 399,93,8-7-01) SECTION 21. Chapter 22, Article VI, Section 22-396 of the Federal Way City Code shall be amended to read as follows: 22-396 Effect of the decision. Upon a decision becominq final, the applicant may enqaqe in activity based on the decision, provided applicable permits have been approved. Decisions under this section shall become final subject to the following: (1 ) An 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 FVVCC 22 397 et seq. If a written notice of appeal is received within the appeal ORD# ,PAGE 19 [; - 2-'2- period, the decision~1 be referred to the he3ring 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 3pplic3ble permits have beon approved. (2) If no appeal is submitted within the 14 calendar day appeal period, the preliminary 3pproval decision shall become final on the first calendar day following the expiration of the appeal period. Upon tho decision becoming final, the applic3nt m3Y engage in activity b3sed on the decision, provided applicable permits h3ve been approved. (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 22. Chapter 22, Article VI, Section 22-397 of the Federal Way City Code shall be amended to read as follows: 22-397 Appeals. (a1) Who may appeal. The decision of the director of community development services related to either the land use approval or the community design guidelines decision may be appealed by any person who is to receive a copy of that decision under F'NCC 22 395.the applicant, any person who submitted written comments or information, or any person who has specifically requested a copy of the decision. (9~) How and when to appeal. The appeal, in the form of a letter 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 letter of appeal must contain: (-l~) A statement identifying the decision being appealed, along with a copy of the decision; (2h) 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 (J~) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (6~) 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. (61) Jurisdiction. Appeals from the decision of the director of community development services will be heard by the hearing examiner. (Ord. No. 90-43, ~ 2(145.60),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 23 Chapter 22, Article VI, Section 22-406 of the Federal Way City Code shall be amended to read as follows: , PAGE 20 ~-23 ORD# 22-406 Decision on appeal. (al) ~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 eitRef affirm, reverse~ or modify the decision being appealed. (e~) Issuance of written decision. Within 10 working days after the public hearing, the hearing examiner shall issue a written decision on the appeal. Within five working days after it is issued, the hearing examiner shall distribute the decision as follows: (+9.) A copy will be mailed to the applicant. (2:Q) A copy will be mailed to the person who filed the appeal. (~) A copy will be mailed to each person who participated in the appeal. (4Q) A copy will be mailed to each person that specifically requested it. (~~) A copy will be mailed to the King County assessor. (6~) 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 involves a school (FWCC 22-1 and 22-605), a community recreation area (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, or 'Nhoro the he3ring eX:Jminer'~ decision involves :J public utility (F'IVCC 22 1 3nd 22 609) located in :J BN (neighborhood business), BC (community business), or OP (office p3rk) zone, in which case the hearing examiner's decision may be appealed to the city council in accordance with the provisions of FWCC 22-446 through 22-456. (Ord. No. 90-43, ~ 2(145.105),2-27-90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 24. Chapter 22, Article VI, Section 22-407 of the Federal Way City Code shall be amended to read as follows: 22-407 Judicial review. 1f.. +!he 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 pursuant to Gfhapter 36.70C RCW 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. 90-43, ~ 2(145.110),2-27-90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 25. Chapter 22, Article VII, Section 22-436 of the Federal Way City Code shall be amended to read as follows: 22-436 Notice. G2 ;- ~~ ORD# , PAGE 21 (al) Contents. The director of community development services shall prepare a-the followinq notice~ of oach application containing the follO'.ving information: (-+~.) Notice of application. A notice of application shall contain: aID The name of the applicant and, if applicable, the project name. illt The date of application, the date of the notice of completion for the application, and the date of the notice of application. b-:-{ili} The street address of the subject property or, if this is not available, a loc3tional 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. c. Tho citation of tho provision of this chaptor describing tho applied for docision 3nd to the oxtent known by the city, any other permits which arc not included in the application. (div) A brief description of the requested decision, including a citation to the provision of this chapter qoverninq 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. a-M A statement of the availability of the official file. f:-(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. Jt(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 36.708.040. (2h) Notice of public hearing. In addition to the information specified in subsections (1 )(a) through (1 )(f) of this section the notice of application, the notice of public hearing shall include the following: aID The Qgate, time, and place of the public hearing. b-:-@ 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. ET.(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. (132.) Distribution. The director of community development services shall distribute these notices as follows: (-+9.) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director of community development services shall distribute the notice of application as follows: E -2..3 ORD# ,PAGE 22 a-:-ill A copy of the notice of application will be published in a newspaper of general circulation in the city; b:-@ 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: (T.-(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; 4(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 subject property. (2-!2) Notice of public hearing. The director of community development services shall distribute the notice of public hearing at least 14 calendar days before the hearing as follows: a-:-ill A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property; b-o@ A copy will be published in a newspaper of general circulation of the city; (T.-(iii) A copy will be posted on each of the official notification boards of the city and public libraries within the city. (6~) 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. 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. (fi1) Timing for signs. The public notification sign or signs must be in place within 14 calendar days of issuing the 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) SECTION 26. Chapter 22, Article VII, Section 22-446 of the Federal Way City Code shall be amended to read as follows: 22-446 Effect of the decision. Upon a decision becominQ final. the applicant may enqaqe in activity based on the decision, provided applicable permits have been approved. Decisions under this section shall become final subject to the following: (1 ) An applicant or other party of record '.-:ho may be aggrieved by the decision may appeal the decision '.vithin 11 days of the issuance of the decision by the director of community development consistent ,<"./ith the provisions of FVVCC 22 397 et seq. If a written notice of appeal is received within the appeal , PAGE 23 [3-2-4 ORD# 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 14 calendar day appeal period, the preliminary approval decision shall become final on the first calendar day following the expiration of the appeal period. Upon the decision becoming final, the applicant may engage in activity basad on the decision, provided applicable permits have been approved. (Ord. No. 90-43, 9 2(150.70), 2-27-90; Ord. No. 92-133, ~ 3(150.70), 4-21-92; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 00-375, ~ 15, 10-3-00) SECTION 27. Chapter 22, Article VII, Section 22-447 of the Federal Way City Code shall be amended to read as follows: 22-447 Appeals. (a1) Who may appeal. The decisions of the hearing examiner may be appealed by any person who is to receivo a copy of that decision under FVVCC 22 113. the applicant, persons who submit written or oral comments to the hearinq examiner, or persons who specifically request a copy of the written decision. (92) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after the issuance of the hearing examiner's decision. The letter of appeal must contain: (.:t-~) A statement identifying the decision being appealed, along with a copy of the decision; (~Q) 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 (~) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (6;1) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by the city. (.:t-~) In addition to the appeal fee, the appellant shall 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. (~Q) In lieu of payment of the transcript preparation costs, the appellant may choose 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. (~f) The appeal will not be accepted unless it is accompanied by the required fee and appropriate costs. , PAGE 24 2-2- "\ ORD# (4g) 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: a-ill City staff preparation. Hourly cost of preparation. e-o@ Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city. (61) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. (Ord. No. 90-43, ~ 2(150.80), 2-27-90; Ord. No. 92-133, ~ 3(150.80), 4-21-92; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 28. Chapter 22, Article VII, Section 22-449 of the Federal Way City Code shall be amended to read as follows: 22-449 Participation in the appeal. Only those persons entitled to appeal the decision under FWCC 22-449447 may participate in either or both of the following ways: (1) By submitting written 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 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. Ord. No. 90-43, ~ 2(150.90),2-27-90; Ord. No. 92-133, ~ 3, 4-21-92; Ord. No. 97 -291, ~ 3, 4-1-97) Editor's note - Ordinance No. 97-291, ~ 3, adopted April 1, 1997, deleted ~ 22- 449. Formerly, such section pertained to scope of the appeal and derived from Ord. No. 90-43, ~ 2(150.95),2-27-90; Ord. No. 92-133, ~ 2, 4-21-92. SECTION 29. Chapter 22, Article VIII, Section 22-481 of the Federal Way City Code shall be amended to read as follows: 22-481 Notice. (a1) 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: (4-2) The name of the applicant and, if applicable, the project name. {Q1 The date of application, the date of the notice of completion for the application, and the date of the notice of application. (2g) The street address of the subject property or, if this is not available, a locational description of the location of the property in non:legallanguage. 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. (3) The citation of the provision of this chapter describing the requested , PAGE 25 e - 2--1) ORD# decision and to the extent known by the city, ::my other permits 'Nhich arc not included in the application. (49.) A brief description of the requested decision, includinq a citation to the provision of this chapter qoverninq 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. (~~) The date, time, and place of the public hearing. (eO A statement of the availability of the official file. (7g) A statement of the right of any person to submit written or oral comments to the hearing examiner regarding the application. (8) ^ statement that only persons who submit comments to the hearing examiner or spocifically request a copy of the original decision may appeal the hearing examiner's decision. (9h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (Wi) 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. (b~) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (+.9.) 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. (2Q) A copy will be published in the newspaper of general circulation in the city. (J~) A copy will be posted on each of the official notification boards of the city. (6~) 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. 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. (81) Timing. The public notification sign or signs must be in place at least 10 calendar days before the public hearing and removed within seven calendar days after the final decision of the city on the matter. (Ord. No. 97-291, 93,4-1-97; Ord. No. 99-337, 92,3-2-99) SECTION 30. Chapter 22, Article XI, Section 22-638 of the Federal Way City Code shall be amended to read as set forth in Appendix A. E? -2-1 ORD# , PAGE 26 SECTION 31. Chapter 22, Article XIII, Section 22-947 of the Federal Way City Code shall be amended to read as follows: 22-947 Air quality regulations contamination as a public nuisance. (a) State regulation. Air quality is regulated by tho W3shington Cle3n /\ir Act, Ch3ptor 70.9-1 RC'''''. Any inquiry, complaint or violation reg3rding air quality will bo referred to tho Puget Sound Air Pollution Control Authority. (b) Public nuisance. Any emission of air contaminants which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life or in the use of property is a public nuisance, a development reQulation violation, and a violation of this chapter Code. (Ord. No. 90-43,92(115.15),2-27-90) SECTION 32. Chapter 22, Article XIII, Section 22-948 of the Federal Way City Code shall be amended to read as follows: 22-948 Erosion and sedimentation regulation. It is a development reQulation violation, and a violation of this ch3ptor Code for the owner of the subject property to create, allow or perpetuate conditions on the subject property which cause the erosion or undermining of adjacent property. It is also a development reQulation violation, and a violation of this ch3pter Code the owner of the subject property to create, allow or perpetuate a condition which causes the deposition of sediments or the movement of other geologic materials onto adjacent property. (Ord. No. 90-43,92(115.35),2-27-90) SECTION 33. Chapter 22, Article XIII, Section 22-950 of the Federal Way City Code shall be amended to read as follows: 22-950 Glare regulation. Any artificial surface which produces glare which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life or in the use of property is a public nuisance, a development reQulation violation, and a violation of this chapter Code. (See also PAlce 22 95-1 regarding lighting regulations.) (See also FVVCC 22 95'1 regarding lighting regulations. ) (Ord. No. 90-43, 92(115.50), 2-27-90) SECTION 34. Chapter 22, Article XIII, Section 22-951 of the Federal Way City Code shall be amended to read as follows: 22-951 Heat regulation. Heat generated by any activity or operation on the subject property which annoys, injures, endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life or in the use of property is a public nuisance, a development requlation violation, and a violation of this chapter , PAGE 27 &-3J ORD# Code. (Ord. No. 90-43, ~ 2(115.55), 2-27-90) SECTION 35. Chapter 22, Article XIII, Section 22-958 of the Federal Way City Code shall be amended to read as follows: 22-958 Odor. Any odor which injures, endangers the comfort, repose, health or safety of person on abutting properties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a public nuisance, a development requlation violation, and a violation of this chapter Code.. (Ord. No. 90-43, ~ 2(115.100), 2-27-90) SECTION 36. Chapter 22, Article XIII, Section 22-959 of the Federal Way City Code shall be amended to read as follows: 22 959 Radiation. Ionizing radiation is defined and regulated by the elate pursuant to Chapter 70.98 RC'N. Any complaint, inquiry or violation regarding ionizing radiation '.vithin the city 'Nil! be referred to the state. (Ord. No. 90 13, ~ 2(115.110), 2 27 90) SECTION 37. Chapter 22, Article XIII, Section 22-981 of the Federal Way City Code shall be amended to read as follows: 22-981 Application of division. This division establishes special regulations that govern the keeping of animals in any zone where a dwelling unit is permitted. The keeping of animals is permitted in any residential zone or other zone where a dwelling unit is permitted, subject to the provisions of this division and the provisions of Chapter 4, Animals. However, any provision of this division that is inconsistent with a specific provision applicable to suburban estate zones does not apply in suburban estate zones. (Ord. No. 90-43, ~ 2(115.20(1)), 2-27-90; Ord. No. 02-424, S 3, 9-17-02) SECTION 38. Chapter 22, Article XIII, Section 22-1071 of the Federal Way City Code shall be amended to read as follows: 22 1071 Domestic animals. F\^JCC 22 981 ot seq., regarding animals in residential zones, shall be the regulations for keeping animals in residential zones permitting homo occupations. (Ord. No. 90 '13, ~ 2(115.65(1)), 2 27 90) SECTION 39. Chapter 22, Article XIII, Section 22-1047 of the Federal C--51 ORD# , PAGE 28 Way City Code shall be amended to read as follows: 22-1047 Exceptions. The following are excepted from the height limitations of this chapter: (1) For detached dwelling units: (a.,.) Vents and chimneys may exceed the maximum height limit. (b.,.) 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 Ill. The city will approve the application if: -t:ill Views across the subject property are not substantially impaired; and 6@ The antenna must be placed above the roofline in order to function properly. (2) Except as specified in subsections (1) and (~J) of this section: fa.,.) 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 (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.,.) AR.y--appurtenance~, other than chimneys and antennas, must be screened from all streets and nearby properties. See FWCC 22-960 for requirements pertaining to rooftop screening. (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: fa.,.) 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 fc.,.) 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, ~ 2(115.60(2)), 2-27-90; Ord. No. 00-375, ~ 20, 10-3-00) SECTION 40. Chapter 22, Article XIII, Section 22-1111 of the Federal Way City Code shall be amended to read as follows: 12 - 32,- ORD# ,PAGE 29 22-1111 Application of division. This division establishes regulations applicable to outdoor use, storage and activity. (Ord. No. 90 13, S 2(115.105(1)), 2 2790) SECTION 41. Chapter 22, Article XIII, Section 22-1112 of the Federal Way City Code shall be amended to read as follows: 22-1112 Residential uses. The purpose of this chapter is to ostablish standards for outdoor residontial uses, storage and activitios related to motor vehicles and non motorized vehicles. Those standards are intended to protect property valuos by reducing visual blight, aid in emergency access and firo safety, guard against tho croation of rodent and pest harborago, and reduce tho impact on the natural environmont from the leaking of motor vohicle fluids. Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. All motor vehicle and non:motorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport or on an approved impervious surface. Non:motorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport or impervious surface used for motor vehicle or non:motorized vehicle parking or storage shall have direct driveway access. This section does not apply to residential lots containing a detached dwelling unit where the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable motor vehicles must be stored in a completely enclosed building regardless of the size or zoning designation of the lot. (Ord. No. 90-43, 92(115.105(2)),2-27-90; Ord. No. 99-341,93,5-4-99) deleting 22-1131 and 22-1132 and merging language into 22-1133 SECTION 42. Chapter 22, Article XIII, Section 22-1131 ofthe Federal Way City Code shall be amended to read as follows: 22 1131 Scope of division. This di'Jision establishos what structures, improvements and activities may bo in or tako place in required yards as establishod for each use in each zone by this chaptor. (Ord. No. 9043, S 2(115.115(1)), 2 27 90) SECTION 43. Chapter 22, Article XIII, Section 22-1132 of the Federal Way City Code shall be amended to read as follows: E-35 ORD# , PAGE 30 22 1132 Exceptions and limitations in some zones. This chapter contains specific regulations regarding 'Nhat may be in or take place in required yards in certain instances. '.^/here applicable, those specific regulations replace any inconsistent provisions of this division. (Ord. No. 9043,92(115.115(2)),22790) SECTION 44. Chapter 22, Article XIII, Section 22-1133 of the Federal Way City Code shall be amended to read as follows: 22-1133 Structures and improvements. This section establishes what structures and improvements may be in required yards as established for each use in each zone by this chapter. To the extent that specific. conflictinQ reQulations for required yards are found elsewhere in this chapter. those reQulations control over those found in this section. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWCC 22- 1135. (2) Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure, that is not more than 18 inches above finished grade may extend not more than five feet into' a required yard. (4) Chimneys. bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard. excluding eaves. may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this article. (6) Rockeries and retaining walls may be located in required yards if: fa:-} The rockery or retaining wall is not being used as a direct structural support for a major improvement; and fb-:-} The rockeryor retaining wall is reasonably necessary to provide support to a cut or slope. (7) Signs may be located in required yards subject to provisions of FWCC 22- 1596 et seq. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides. are permitted in required yards in commercial, office and industrial zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: fa-:-} The proposed structure is no more than eight feet high above finished grade; .. [3 - 3~ ORD# , PAGE 31 (b:-l The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; (c:-} The proposed structure contains no more than 120 square feet in total area; (d:-} No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and (e:-} Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. (Ord. No. 90-43, ~ 2(115.115(3)), 2-27-90; Ord. No. 00-375, ~ 24, 2000) SECTION 45. Chapter 22, Article XIII, Section 22-1134 of the Federal Way City Code shall be amended to read as follows: 22 1134 Outdoor uses, activities and storage. For regulations on outdoor uses, activities and storago, soe FVVCC 22 1376 et seq. (Ord. No. 9013, S 2(115.115(1)), 22790) SECTION 46. Chapter 22, Article XIII, Section 22-1201 of the Federal Way City Code shall be amended to read as follows: 22-1201 Discharaes as pPublic nuisances and violations. In addition to the other requirements of this section, any discharge into water or change in water quality which annoys; injures; endangers the comfort, repose, health or safety of persons; or in any way renders persons insecure in life, or in the use of property is a public nuisance, a development requlation violation, and a violation of this chapter Code. (Ord. No. 90-43, ~ 2(115.150(6)),2-27-90) SECTION 47. Chapter 22, Article XVII, Section 22-1568 of the Federal Way City Code shall be amended to read as follows: 22-1563 Landscape plan approval. (al) No permit shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the department of community development. (9~) Required landscape plans for all projects that are subject to tho site plan review process as set forth in Article V of this chapter process I, II, III, or IV shall be prepared by a Washington State licensed landscape architect. (Ord. No. 93-170, ~ 4, 4-20-93) SECTION 48. Chapter 22, Article XVII, Section 22-1568 of the Federal Way City Code shall be amended to read as follows: G-3S ORD# ,PAGE 32 22-1568 Significant trees. (a1) Purpose. The purpose of this section is to: (+~J Regulate the removal of trees from property within the city in order to preserve, protect and enhance a valuable natural resource; (2h) Establish standards to limit the removal of and ensure the replacement of trees sufficient to safeguard the ecological and aesthetic environment of a community; (d!2) Discourage the unnecessary clearing and disturbance of land so as to preserve the natural and existing growth of vegetation; and (49.) Maintain a minimum number of significant trees. (b~) Definition. A significant tree shall be defined as: (+~J At least +twelve inches in diameter or at least 37 inches in circumference measured four and one-half feet above ground; aM (2h) In good health; and (2h) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. . ~..~ rit Fiqnre 10 - SeC. 22-~568(b) (e~) Standards. (+2) Retention required. Significant trees shall be retained on tho subject property to the maximum extent possible in all residential, commercial, industrial, or institutional developments as follows: &- ill-'f the approved development on the subject property will require the removal of more than 75 percent of the significant trees on the subject property, significant trees shall be replaced in amount equal to 25 percent of the significant trees which existed on the subject property prior to commencing any development activity. &: illLAII significant trees located within any required perimeter landscaping area shall be retained, provided that this requirement shall not apply to commercial zoning districts. G-;- illiLSignificant trees required to be retained within on-site sensitive areas can be used toward satisfying the 25 percent on-site significant tree retention regulations. E-~ ORD# , PAGE 33 €I-:- fr{LAII significant trees located within required on-site recreation or open spaces shall be retained, provided they do not conflict with on-site active recreation areas. e-:- iY.L The significant tree retention requirements of this chapter shall not apply to the city center zoning district. ~ (y!L There shall be no cutting of significant trees without authorization from the city for the purpose of preparing that site for future development. ~ iY.liL Up to one-half of the 25 percent significant tree replacement requirement may be satisfied by planting larger trees in required landscape areas such as landscape islands, buffers, and perimeter landscaped areas. Such trees shall be a minimum 12 feet in height for evergreen and three and one-half-inch caliper for deciduous or broad leaf trees. Example: 100 on-site significant trees requires 25 to be retained or replaced. Applicant may plant 13 larger trees within required landscape areas which meet size requirements mentioned above. (2h) The applicant shall submit a tree retention plan concurrent with the first permit application for that development. The tree retention plan shall consist of the following: a,.(lLA tree sUNey or cluster sUNey that identifies the location, size, number and species of all significant trees on the site. ~ ffiLA development plan identifying the significant trees that are proposed to be retained, removed, transplanted, or replaced, including a final report on percentage retained. (J,g) Each retained significant tree not located within perimeter landscaping may be credited as two trees for purposes of complying with the retention requirements of subsection (6)(-'4a(3)(a)(1 ), provided the tree meets at least one of the following criteria: a,.{!L The tree is located in a grouping of at least five trees with canopies that touch or overlap; or ~ .illL The tree provides energy savings through winter wind protection or summer shading as a result of its location relative to proposed buildings; or (T. illiL The tree belongs to a unique or unusual species of native or non-native tree not usually found locally. (4Q) Where it is not feasible to retain required significant trees due to site constraints including, but not limited to, topography, ingress/egress requirements, existing and proposed utility locations, trails, storm drainage improvements, a site specific tree plan, drawn to scale, shall be prepared. The tree plan shall show the precise location of all significant trees on the site, in relation to the proposed buildings, streets, parking areas, required landscaped areas, surface water facilities, and utilities. The director of community development shall review the plan in relation to the proposed development to ensure tree removal is the minimum amount necessary to comply with the proposed development and meet the purposes of this chapter. (a~) When required significant trees cannot be retained (see subsection (f) of this section), significant trees that are removed shall be replaced with: a,. ilL Transplanted or retained on-site trees four-inch caliper or larger, which meet the definition. or significant tree in all manner except size, and E-3\ ORD# , PAGE 34 approved by the community development director, based upon the director's assessment of the location of the tree in relation to the proposed site development; or lr. (liLNew evergreen trees that are a minimum 10 feet in height, or deciduous trees that are a minimum three-inch caliper. The number of replacement trees, combined with the number of retained significant trees, shall equal 25 percent of the amount of on-site significant trees which existed prior to development. (eO The following management practices shall be observed on sites containing significant trees, to provide the best protection for significant trees: &- ill..No clearing shall be allowed on a proposed development site until the tree retention and landscape plans have been approved by the city of Federal W~ ' lr. ffiLA no disturbance area, which shall be defined to be to the drip line of the significant tree, shall be identified during the construction stage with either: -1-,.~ A temporary five-foot chain link fence. blill A line of five-foot high, orange-colored two-by-four inch stakes placed no more than ten feet apart connected by highly visible surveyor's ribbon; &,- illlLNo impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the no disturbance area; fh fr{Llf the grade level around the tree is to be raised by more than one foot, a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter of the tree trunk plus 10 feet. Proper drainage, and irrigation if necessary, shall be provided in all rock wells; E7.- .6Q. The grade level shall not be lowered within the larger of the two areas defined as follows: -1-,.(A)The drip line of the tree(s); or blill An area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four feet above the ground; ~ DdLAlternative protection methods may be used if accepted by the director of community development department to provide equal or greater tree protection; g,. {yftLEncroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree. (Ord. No. 93-170, 94,4-20-93) SECTION 49. Chapter 22, Article XVIII, Section 22-1599 of the Federal Way City Code shall be amended to read as set forth in Appendix B. SECTION.50. Chapter 22, Article XX, Section 22-1653 of the Federal Way City Code shall be amended to read as follows: 22-1653 Exceptions. , PAGE 35 G-~~ ORD# The following actions are exempt from the provisions of this article: (1) Development proposals and permits listed in FWCC 22-31 Web) ::md (c). Preapplication conferences for such proposals and permits are optional. Optional preapplication conferences will be scheduled by the director on a time-available basis. (2) Projects that are granted a written waiver by the director of community development services based on the following procedure: (a;-} The applicant submits a written request to the director of community development services for a waiver from the requirement to undergo a preapplication conference based on one or more of the following criteria: ~JU The simple nature of the proposal; blID. The project would be severely impacted by the preapplication process due to time or financial constraints outside the control of the applicant; ~1ili1 The site has previously undergone preapplication, site plan or other land use review for the same or similar development proposal and it is unlikely further preapplication review will provide any benefit to the city or applicant; ~Jbd The director determines preapplication review is not in the best interest of the city or applicant. (b;-} The applicant is advised in writing that waiver of preapplication review increases the risk of the application being incomplete or that the processing time will be increased. A preapplic~tion conference for any development propoc~1 or permit listed in FWCC 22 31 (b) and (c) of this section is optional. Optional preapplication conferenCes will be scheduled by the director on a time ~vail~ble b~sis. (Ord. No. 97-291, ~ 3, 4-1-97) SECTION 51. Chapter 2, Article IV, Section 2-336 of the Federal Way City Code shall be amended to read as follows: 2-336 Disposition of confiscated and forfeited firearms. W All firearms taken into the custody of the Federal \N~y departmont of public safety police department and no longer not needed for evidence shall be disposed of as follows: (1) Firearms illegal for any person to possess shall be destroyed. (2) If subsection (1) does not apply, the police department may seek judicial forfeiture under RCW 9.41.098. or the department may comply with the provisions of RCW 63.32.010 and either return the firearm to its owner or forfeit the firearm if it is unclaimed. Antiquo fire~rms ~nd firearms recognized ~s curios, relics, ~nd firearms of particular historic~1 signific~nce by the United St~tos Treasury Department Bureau of ^Icohol and Tobacco, and firearms exempt from destruction sh~1I be disposed of in ~ccordance with RC\^J 9.41.098(c), or hereafter ~mended. (3) Except as provided in subsection (4) A211 etRef firearms that are judicially forfeited or forfeited duo to a failure to make a claim under RCW 63.32.010 under subsection (2) shall be destroyed, except that wsh firearms ORD# , PAGE 36 8-3; which meet the Fodoral 'Nay dop3rtment of public s3fcty police department's standard for use may be retained and used by the department. (Ord. No. 00-376, ~ 1, 11-7-00) (4) Any forfeited antique firearms or firearms recognized as curios, relics, and firearms of particular historical significance by the United States treasury department bureau of alcohol. tobacco, firearms and explosives, are exempt from destruction shall be disposed of by auction or trade to licensed dealers. (Ord. No. 00-376, ~ 1, 11-7-00) SECTION 52. FindinQs. Specifically as to sections that amend sections of Chapter 22, Zoning, the City Council finds (1) the proposed amendments are consistent with the applicable provisions of the comprehensive plan; (2) the proposed amendments bear a substantial relation to public health, safety, or welfare; and (3) the proposed amendments are in the best interest of the residents of the city. SECTION 53. 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. SECTION 54. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but no limited to, the correction ORD# , PAGE 37 &-'10 of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 55. Concurrent Leqislation. A currently pending ordinance, Ordinance number _, An Ordinance Providing An Exception To Animal Regulations For Police Dogs, amends FWCC 4-1 as does this one; changes made to FWCC 4-1 in this ordinance are intended to be in addition to any changes made by the other ordinance, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by the other ordinance. Another currently pending ordinance, Ordinance number _, An Ordinance Amending The Name Of The Department Of Public Safety To The Police Department, amends FWCC 2-336 as does this one; changes made to FWCC 2-336 in this ordinance are intended to be in addition to any changes made by the other ordinance, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by the other ordinance. SECTION 56. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ~-L11 ORD# , PAGE 38 SECTION 57. Effective Date. This ordinance shall take effect and be in force five (5) days from and after its passage and publication. as provided by law. PASSED by the City Council of the City of Federal Way this day of ,200_. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: l?-'12- ORD# , PAGE 39 APPENDIX A 22-638 Day Care facilities - Up to 50 attendees. ltr J: ~ - - -- ~ --"'0 ---- ----~- -- t""""----.....--...... .......- -.......l.E"J...- ..-............J ...-.....--................. \...",,,",, ....""".......... ~~v .......... \.'"' ".......... .......fi>!lU.l.Ii4L.lV.l~ ".1.1."-1. .I.J.VL""'.;) """'1. .I.VJ.L1J. llJ. L.Lt!,;) .;)\.OWl..1V.1J.. USE ZONE CHART '" DIRECTIONS: FIRST, read dovm to find use. .. THEN, across for REGULATIONS ~ E: Minimums Maximums -< ~ Rec uired Yards "' ZONE ;5 ~ ll.J ~ o :2 if g, RS ~ ""~ '" cu '-~ ",,'" ~ ~~ ~ ~ ;;.. ~=' ~CI) ..... (U..... _ O,.C _ ._!: :: .- '" -= cu .. U 00 '" :: :.;;; go ~ '0 e :'2 ~ 0 '0 E g- ~ USE i:>::: i:>::: ...l "" '" i:>::: ...l ::c '" i:>::: ~ SPECIAL REGULATIONS AND NOTES Day care Process As Iftilis eaA 75% 30 ft. I. Minimum lot size per dwelling unit is as follows: facilities IV estab- aeeommosale 50 or above a. In RS 35.0 zones, the minimum lot size is 35,000 sq. ft. for 13 to 50 lished mere atteAsees, tileA: average b. In RS 15.0 zones, the minimum lot size is 15,000 sq. ft. attendees on the ~I~I~ building c. In RS 9.6 zones, the minimum lot size is 9,600 sq. ft. zoning Otiler-.vise: elevation d. In RS 7.2 zones, the minimum lot size.is 7,200 sq. ft. map. 20 ft. 20 ft. 20 ft. e. In RS 5.0 zones, the minimum lot size is 5,000 sq. ft. See 2. This use may locate on the subject property only if it will not be detrimental to the character of the neighborhood in which it is note I located and: a. It wi 11 serve the immediate area in which it is located; or b. The subject property is adjacent to a collector or arterial right-of-way. 3. If the use will serve children, the subject property must contain an outdoor play area with at least 75 sq. ft. for eadl child using the area at anyone time. This play area must be completely enclosed by a solid fence or other screen at least six ft. in height. Play equipment and structured play areas may not be in required yards. 4. Hours of operation and maximum number of attendees may be limited by the city to reduce impacts on nearby residentlal uses 5. The city may require an on-site passenger loading area, depending on the number and nature of attendees and the extent and nature of existing street improvements. 6. Site design, including, the location of parking and passenger loading areas shall be designed to reduce impacts on nearby residential uses. 7. If any portion of a structure on the subject property is within 100 ft. of a low density use, then either: a. The height of that structure shall not exceed 15 ft. above average building elevation; or b. The facade of that portion of the structure parallel to the low density use shall not exceed 50 ft. in length. 8. May include accessory living facilities for one staff person. 9. This use must comply with the requirements of the State Department of Social and Health Services and/or the State Superintendent of Public Instruction. 10. Refer to 9 22-946 et seq. to determine what other provisions of this chapter may apply to the subject property. I I. Refer to Article XVII, Landscaping, for appropriate requirements. 12. For sign requirements that apply to the project, see Article XVIII. 13. For community design guidelines that apply to the project, see Article XIX. Process I, n, III and IV are described in L For other infonnation about parking and parking areas, see @ 22-1376 el seq. @@ 22-351 - 22-356, 22-361 - 22.370 22-386 - 22-411, For details of what may exceed this height limi~ see @ 22-1046 el seq. 22.431 - 22-460, respectively. For details regarding required yards, see @ 22-1131 et seq. (Ord. No. 90-43, ~ 2(20.40), 2.27.90; Ord. No. 91.87, @ 7, 2-5-91; Ord. No. 93.170, @ 7(Exh. B), 4-20-93; Ord. No, 97-291,@ 3, 4-1-97; Ord. No. 99-333, ~ 3,1-19-99) C:IDOCUME-I IDefauItILOCALS-1 \TempIXPgrpwiselAppendix A 22.638.doc APPENDIX B 22-1599 Permits. (aD Permit requirements. No sign governed by the provisions of this Code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to subsection (44) of this section. An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this Code, or date of annexation if located in areas annexed to the city thereafter, do not conform with this Code's requirements may be eligible for characterization as legal nonconforming signs under FWCC 22-335. (\}2) Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to ensure compliance with this Code. (e1) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance. All signs for which a permit was issued rnust receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. (d1:) Permit exceptions. (+~) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (~Q) Exempt signs. A sign permit is not required for the following signs or modifications to signs; provided, however, that such signs shall comply with all of the following described requirements: a{U Address identification with numbers and letters not more than 10 inches in height. tr.(ill Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches. No more than two displays are permitted per site. e1iii) Barber poles. 4{!y} Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also permitted. e{y} Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. f.{yU Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags must be a minimurn size of five square feet unless it e- -4 ~ is a national or state flag and the official national or state flag is less than five square feet in size but not larger than 40 square feet in size. ~ Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monurnent sign per street frontage not exceeding five feet in height and sign area shaH not exceed 20 square feet per sign face. fi..:(viii) Gravestones or other memorial displays associated with cemeteries or mausoleums. i-:-fu0. Historical site plaques and signs integral to an historic building or site. .HY Holiday decorations displayed in conjunction with recognized holidays. ltUill Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. h{xii) Instructional signs that do not exceed six square feet in area per sign face. ~ Integral design features when such features are an essential part of the architecture of a building (including religious syrnbols) and when such features do not represent a product service, or registered trademark. &.(xiv) Integral signs when no more than one per building. e-:(xv) Interior signs located completely within a building or structure and not intended to be visible from outside the structure, exclusive of window signs. p,(xvi) Menu board not to exceed 32 square feet per sign face and a maximum height of five feet (two permitted per site). q-:(xvii) Nameplates not to exceed two square feet per sign face. ~xviii) Nonblinking small string lights which are part of decoration to be used in association with landscaped areas and trees. s-,.(xix) Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II, Division 8 of this chapter. ~ Political signs so long as the maximum area per sign is lirnited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. tT.{xxi) Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. v,.(xxii) Private notice signs. w{xxiii} Real estate signs. -heAl Off-site. The number of off-site real estate signs shall be limited to 10 per property per agent; provided, however, that there shall be a minimum separation of 200 lineal feet between such signs, except that signs may be placed less than 200 feet apart when necessary to indicate a turn or change in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. ~(ID On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease, when the tenant takes possession. [~45 <<xxiv) Temporary business signs for temporary business defined by FWCC 9-386; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used, that sign may be 32 square feet per sign face. ~ Under canopy signs not exceeding the width of the canopy and eight square feet in size; and provided, that a minimum separation exists between such signs equal to 20 lineal feet or more. ~xxvi) Warning signs. aa:{xxvii) Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. ~(xxviii) Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the field. (e2) Temporary and special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be issued unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 1, "Allowances for Temporary and Special Signs - Permit Required." (f~) Government signs. The allowable type, number, sign area, height, location, and content of signs used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances for Residential Zones - Permit Required." Signs for government facilities in nonresidential zones must comply with the requirements of FWCC 22-1601. All signs must be approved by the city. Street and traffic signs are excluded from these requirements. (gl) Residential zone signs. No permit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones - Permit Required." (fl~) Sign registration. No person shall maintain a sign in the city without first having been issued a proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from permit requirements. All signs exempt from the permitting requirements set forth in this section shall be exempt from the registration requirements, or from having to obtain a sign inventory sticker. However, exempt signs must still be reviewed to ensure conformance with this article. A sign registration shall be valid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit. The city shall affix the registration sticker containing the registration number to the permitted sign. For signs located in areas annexed to the city, the city will issue a notice of determination as to whether the sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this Code. (2) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with any aspect of this article. I Table 1 i I Allowances for Temporary and Special Signs - Permit Required i Sign I I Maximum I Maximum I Applicable! Sign Type Maximum !purpose/ Zones !^lIowed /Number fign Area Height I Location Remarks I ! Description i ----,- -- -- -._----- All I Wall- I Handled I Off-site tn~_lInted ~____ ~n a case-by-~igns, I Five feet TC>n site I 30 days J-J ~xcept wall- .~nd off sit~Jprior to_~ ! Civic event i . jOr community b,L/b service event (temporary) case basis 'excluding wall-lmounted signs I !mounted : ;banners, may . ibe no larger I ~han six square I I~et per face. IOn-site SignS bnd wall- ~ounted ~anners may be Joo larger than , ~;/~~:re feet I -----t---------1-The total --r--------T I Isign area of ! I ~eestanding I I r.,:onument j " signs shall not . xceed 64 j quare feet for I he total of all l faces and no Freestanding' 0 ne face shall onument or . ne per II . Ite xceed 32 a SIgn quare feet. all signs shall not xceed seven ercent of the xposed uilding face to hich it is ttached ibanners, itemporary :portable signs, lintlatable iadvertising evices, search lights and eacons , I r'... --.--T-.----t-.---.------ i I i I I ! i ! ! ! I Civic event lor community ~ervice event kpermanent) I I I Special sale! romotional vent (e.g., niversary ale, etc.) Grand opemngs All Non- esidential oning istricts Banners only I Mural ;display I I ! Scoreboards I (athletic All lfields) Handled Handled on n a case-by- a case-by-case = bMi, I"i' Handled Handled on n a case-by-. case-by-case case basis fasis !event iRemove !within five days of the ~Iose of the ~vent I I , I I I I I T--------i I I ! ! j Monument signs: six feet. reestanding igns: 12 feet. all signs hall not roject above he rootline Electronic hangeable essage signs llowed. Signs cannot ontain ommercial essages Non- esidential ones: on site only On site. Special romotions: o days total er calendar ear. No re than our events er year. oes not 'nclude indow signs Grand penings: 30 ays. Event ust occur ithin 60 ays of ccupancy Handled on case-by-case aslS Handled on case-by-case. aSls Handled Handled on Handled on Painted mural on a case-by- case-by-case r case-by-case ase basis I asis Ibasis . . I -.--..--.-----.-r--.---1--.- I aslS ~ Electronic I Handled II Handled on Handled on.~ Handled In a case- hangeable ,on a.case-bY-ja case-by-case case-by-casejb .-cas. e essa~~slgn. fase basiS ~aslS _~_ I asls[b~sis I --1 I I ---~ G-L/\ Table 2 Sign Allowances for Residential Zones - Pemlit Required Residential Zones = Suburban Estates (SE), Single-Family (RS), Multifamily Residential (RM) i"'-'--'. -. "---jAPPliZ;bi;1 Sign TYP~rM;~i~-;~.T "-'-~""'---'-':'-'-'----T'M;;i;;"~;;-I"'''''--'''~'-'''-'[".......-----------..-.-1 i Land Use i Z All d I' N b I MaXimum Sign Area I H' ht I LocatIOn, Remarks ; ! i one ,owe urn er elg i i ~- '-r,;--1-~ ~-.--------~----....----..-----r-------~-l ~nslltutional ISE, RS, anopy rne sign for fThe total Sign area of Fall and !Subject I Internally : . Govt. !RM ign ;each public monument SignS shall ;canopy SignS: froperty: ~illuminated signs ' : facihty j ~onument ~ntrance rot exceed 64 square annot project petback !are not allowed; ; . Public park; Ign rovldmg 'Ifeet for the total of all bove the Ive-foot Iprovlded, however, i . Public i Pedestal irect vehicle faces and no one face oofhne. . nimum ~hat electronic ! utility' iSlgn ccess !Shall exceed 32 square onument :changeable; . School liWall sign , Ifeet. Wall signs and igns: SIX feet. !message signs and ; I II fanopy SignS shall not edestal Sign: l~hangeable copy i I I !exceed seven percent of 12 feet signs are allowed. I I i ~he exposed building ity may impose i ! ... Iface to which it is ~dditional II rttached limitations on signs lObe compatible i no ,ign ~ .o.i,;;;' '''' of I~I ~d~. nbj.;ctp::~:~:""J ign ach street onument signs shall anopy signs: roperty: 'illuminated signs onument frontage ot exceed 64 square annot project etback re not allowed; ign roviding feet for the total of all bove the Ive-foot rovided, however, edestal irect vehicle · faces and no one face oofline. . nimum hat the electronic ign hall exceed 32 square onument hangeable all sign eet. Wall signs and signs: six feet. essage signs and anopy signs shall not edestal sign: hangeable copy xceed seven percent of 12 feet igns are allowed, he exposed building ity may impose ace to which it is dditional ttached imitations on signs o be compatible ith nearby esidential areas ommercial essages not Ilowed. Internally 'lluminated or lectrical signs not 1I0wed I I I , , , r-"..-.-~~--."i~~..-- jRecreation ISE, RS, : . GolfcourselRM ! . Recreation I , I , area or clubhouse . Sports field - Private, non- commercial esidential welling units ubdivision 'dentification I I i ! i ! i j ~mall Lot ~etached Subdivision evelopment I i i ;Cottage SE,RS, SE,RS, I I I jRM I I I ! iRM,RS wo square feet ornrnercial essages not 1I0wed. Internally illuminated or lectrical signs not 1I0wed. Signs may e included as part f a fence or other rchitectural feature ommercial essages not . Ilowed. Internally lilIuminated or ~Iectrical signs not nllowed. I I I !commercial wo signs per entrance otaling no more than 50 square feet. No one ign may be more than 32 square feet wo per ajor fri~estal rntrance ole sign I Pylon sign I I . I lMoT\ument rrwo per ~wo signs per entrance ~_otaling no more than pO sq. ft. No one sign may be more than 32 ISq. ft. I ' , I rrwo sig;:;;, per en~ance "/Monument, !subject ~-'1 ~ Land Use 'Applicable! Sign Type' Maximum i M'S' A ! Maximum Location i : Zone i Allowed i Number i aXlmum Ign rea i II~ig~t, ....... i 'is.O:'RS 7.2jslG;;"'-' 'j~ajor jtotaling no more than pedestal, pole jProperty messages not ! iPedestal 'entrance 150 sq, ft No one sign lor pylon I !allowed. Internally !sign I !may be more than 32 !signs: five ft. I iillurninated or i /Pole sign 1 Isq,ft. I' II 1:lectrical signs not i I fYlon sign I I rllowed. iZero Lot Line jRM, RS . onument ~wo per \fwo signs p-;;:~~tra~ce IMonument, Subject [ommerCial ~ iTownhouse'l Sign ImaJor I~otaling no more than ~edesta[, pole roperty essages not i pevelopment I edestal !entrance e? sq. ft. No one sign ~r pylon I llowed. Internally I j ~ignl' I FllaYftbe more than 32 ISigns: five ft. 'llleucnutr'lncaatleS~lgnorS not I,. I r;I~~I~~ I ISQ. . 1.1 1I0wed. \Its, RM \Monument lTw~ per 132 square feet per IWall and ubject ommercial -1 I lsign \major !entrance. Wall signs kanopy signs: roperty: I" essages not IWall SIgn entrance land canopy signs shall ~lcannot project setback f.l:llowed. Internally ~I ot exceed seven bove the five-foot f'IlUminated or i :. ercent of the exposed oOfline... inimum lectrical signs not I uilding face to a ronument 1I0wed aximum of 100 igns: five feet jsquare feet 2 square feet per all and ommercial ntrance. Wall signs anopy signs: essages not d canopy signs shall annot project etback !lowed. Phone ot exceed seven bove the five-foot umbers are ereent of the exposed oofline. ermitted on wall- uilding face to a onument ounted signs aximum of 100 igns: five feet hen not facing quare feet other residential se. Internally illuminated or lectrical signs not llowed Remarks ,Housing !Manufactured ~ome park :identification I i ! i ! I I ! andled on a case-by- ase basis andled on a case- y-case basis I j j I I I !church, ISE, RS, ~~~;fa~~.~L._L all or canopy signs ay not exceed seven ercent of the exposed uilding face to which he sign is attached to a aximum of 50 square eel. The total sign area or monument signs ay not exceed 20 square feet per sign face. A day care or pre- chool that is part of a hurch or synagogue ay add 20 square feet er face to an existing onument sign ssociated with the hurch or synagogue lCanopy e total sign area of ubject Electronic lsign onument signs shall roperty: hangeable IMon~~e~!~~~Ei~~~__~~~~_<?t_~~.e.e~.~~,~':l'!.~r:.~_~~. annot pr?1.e5t e~~sL,,~~.e~,~~,e~\~2,and. lectronic hangeable essage signs and hangeable copy igns are allowed. ity may impose additional limitations on signs o be compatible ith nearby esidential areas E ,'-[ " , ' '"Applicable:,., Sign Tvpe ,',' Maximum' . . ! Maximum Land Use ~ MaXimum SIgn Area' ! Location I Remarks Zone I Allowed i Number ':Height i ' 'worship i~ign (providing Ifeet for the total ~f~.ll labove the:ti~e-fo~t'H]changeable copy IWall sign rirect vehicle If aces and no one face jroofline, ~inimum jsigns are allowed, I )access !shall exceed 32 square !Monument City may impose , , I !. L:. I I ! I' : ifeet. Wall signs and jSigns: five feet I !additional i : , i ;canopy signs shall not I IImutations on signs I . I II !exceed seven percent of II ~o be compatible ! , I I ~he exposed bUlldmg I jWith nearby I ~__._.__ ._ _L .. .___ J_.____ _.L.______ ~~~:~~;~iC~~~S___.._.______ __L_....____lesidenti~ are_a~__J (Ord. No. 99-348, 9 5,9-7-99; Ord. No. 99-357, 9 5, 12-7-99; Ord. No. 05-486, 9 3,4-19-05; Ord. No. 05- 487,93,4-19-05) G-5u COUNCIL MEETING DATE: NOVEMBER 20TH, 2007 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Resolution directing a draft Re-codification of the Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL DlRECT THE CLERK IN CONJUNCTION WITH CODE PUBLISHING TO PRODUCE A DRAFT RECODlFIED VERSION OF THE FEDERAL WAY CITY CODE? COMMITTEE: PARKS RECREATION & PUBLIC SAFETY MEETING DATE: Nov. 13th, 2007 CATEGORY: o Consent o City Council Business o Ordinance I:8J Resolution DEPUTY CITY ATTORNEY o o Public Hearing Other STAFF REPORT By: AARON DEPT: Law Staff is proposing to reorganize and recodify the current Federal Way City Code into the Federal Way Revised Code based on the same title, chapter, section system as the state RCW which is simpler and more flexible. During the process the Code will be organized for ease of use. Cost will be approximately $7500. Concurrently with this resolution staff will present an ordinance to correct nonsubstantiative errors in the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, sample code outline, sample Chapter 2/Title 2, and proposed resolution. Options Considered: I. Recommend approval of the proposed resolution and forward to full Council at the November 20th, 2007 City Council meeting 2. Modify the proposed resolution and forward to full Council at the November 20th, 2007 City Council meeting 3. Do not approve the proposed resolution. STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER ApPROVAL: ' Council DIRECTOR ApPROVAL: jJ A1L Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "/ move approval of Option _ ". (BELOW TO BE COMPLETED BY CITY CLERKS OFFlCE) COUNCIL ACTION: o APPROVED o DENIED o T ABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # t ST reading Enactment reading ORDINANCE # RESOLUTION # ....)0 . F-\ ~ CITYOF , 7 Federal Way STAFF REPORT DATE: TO: OCTOBER 10TH. 2007 CITY COUNCIL MEMBERS PLANNING COMMISSION MEMBERS cc: NEAL BEETS. CITY MANAGER; PAT RICHARSON, CITY ATTORNEY LAURA HATHAWAY. CITY CLERK FROM: AARON WALLS. DEPUTY CITY ATTORNEY SUBJECT: STAFF REPORT ON THE REORGANIZATION AND RE-CODIFICATION OF THE FEDERAL WAY CITY CODE AND THE CORRECTION OF NON SUBSTANTIATIVE ERRORS. Staff has researched the feasibility and desirability of a re-codification and republication of the Federal Way City Code (Code or FWCC) and proposes the re-codification of the Code into a renamed Federal Way Revised Code (FWRC). Similar to the state RCW's, the new codification will be based on a decimal system of title, chapter, subchapter and section, with references being to title, chapter, and section. The current system is based on a chapter, article, division, and section nomenclature with references being only to chapter and section. The intent of the reorganization of the Code is to make it more user friendly for both the city staff and the public. The cost of this process will be approximately $7500 and will take an estimated 2 - 4 months. During the process of reviewing the Federal Way City Code (FWCC) for the purpose of reorganizing and re-codifying, Staff has also located a number of typographical errors, scrivener's errors, incorrect references, and unclear language in various sections that should be corrected prior to the final re-codification. A proposed ordinance sets forth each section needing correction with the proposed corrections. The reorganization will consolidate provisions dealing with boards, commissions, and government personnel and c;iepartments into Title 2. The tax and finance chapters will be consolidated. Streets, parks, and public places will be consolidated. Crimes will be consolidated into a public safety and welfare title. Nuisances will be consolidated into a public nuisances chapter. Animal regulations will be consolidated into an animal title. Utility regulation will be consolidated into one title. Alarms and fireworks will be consolidated with the business title. Building regulations and the fire code will be consolidated. Shoreline management will be divided from SEPA related regulations. Water quality regulations will be consolidated with r=-s surface water management. The zoning code will be reorganized and renamed the zoning and development code title. Some sections will be removed from what is currently the zoning chapter. These include administrative regulation dealing with city employees. which will be moved to the government title. Certain nuisance type prohibitions will be moved to the public nuisances title. Water quality regulations will move to surface water management. Although the planning commission generally has jurisdiction over matters in the zoning chapter, the commission's jurisdiction is actually defined by process VI. Although process VI addresses amendments to the text of the zoning chapter, it also generally covers development regulations throughout the Code, thus the Planning commission's authority will not be affected by the reorganization. Additionally FWCC 22-59 and FWCC 22-523 provide the planning commission jurisdiction over any council authorized items. During this process internal citations will be corrected and made more regular. Subsections and subparagraph will be re-enumerated to one consistent style, that of the RCW's, using ttie following sequence and style: (1 )(a)(i)(A)(I). Numbering will be removed from definition lists and the words defined shall be indented, italicized, and set off with quotation marks. Cross references will be updated and expanded. Staff is recommending proceeding with a Council resolution to direct the preparation of a draft reorganization of the Code as well as with an ordinance to correct the nonsubstantiative errors that have been found. Each proposal will be presented to the planning commission and each council committee. Attached are the proposed ordinance with two appendixes, a proposed resolution, a comparison outline of the old and new Codes, and a full outline of the new Title 2 for illustrative purposes. rr-Y 2 FEDERAL WAY REVISED CODE OUTLINE COMPARISON New Federal Way Revised Code is on the left with new or changed text underlined (in red). Old Federal Way City Code is on the right in italics (in blue). FEDERAL WAY REVISED CODE Title 1 General Provisions Chapter 1.05 - Code Construction Chapter 1.10 - Criminal Enforcement of Code Chapter 1.15 - Civil Enforcement of Code Chapter 1.20 - Claims Against the City Chapter 1.25 - Appeal Procedure Chapter 1.30 - Initiative and Referendum Powers Chapter 1.35 - Annexation Title 2 Government Departments, Officials, and Employees Chapter 2.05 - Government in General Chapter 2.10 - City Council and Mayor Chapter 2.15 - Municipal Court Chapter 2.20 - Hearings Examiner Chapter 2.25 - Police Department Chapter 2.30 - Community Development Department Code enforcement officer - Duty to investigate. Code enforcement officer - Entrance on private property. Chapter 2.35 - Indemnification Chapter 2.40 - Travel Policy and Procedure Boards, Committees, and Commissions Chapter 2.45 - Civil Service Commission Chapter 2.50 - Arts Commission Chapter 2.55 - Human Services Commission Chapter 2.60 - Youth Commission Chapter 2.65 - Diversity Commission Chapter 2.70 - Disability Board Chapter 2.75 - lodging Tax Advisory Committee Chapter 2.80 - Independent Salary Commission Chapter 2.85 - Parks and Recreation Commission Chapter 2.90 - Planning Commission Title 3 Revenue and Finance Taxation Chapter 3.05 - Taxation Generally Chapter 3.10 - Utilities Chapter 3.15 - Excise Tax on Sales Chapter 3.20 - leasehold Tax Chapter 3.25 -Transient lodging Tax Chapter 3.30 - Multifamily Dwelling Unit Limited Property Tax Exemption Chapter 3.35 - Sales and Use Tax Chapter 3.40 - Gambling Activities Finance FEDERAL WA Y CITY CODE Chapter 1 General Provisions Chapter.1 Article I Chapter 1 Art II Chapter 1 Art III Chapter 2 Art V Chapter 2 Art VI Chapter 2 Art VII Chapter 1 9 Art III Chapter 2 Administration Chapter 2 Art II, IV, X Chapter 21 Article IV Division 1; Chapter 2 Art I Chapter 2 Art II Chapter 1 Art X Chapter 22 Art /I Div 3 Chapter 2 Art IV Div 4 Chapter 22 Art /I Div 4; Chapter 22 Art /I Div 5 partial FWCC 22-121 FWCC 22-122 Chapter 2 Art IV Div 2 Chapter 2 Art IV Div 3 Chapter 2 Art III Chapter 2 Art III Div 1 Chapter 2 Art III Div 2 Chapter 2 Art III Div 3 Chapter 2 Art III Div 4 Chapter 2 Art III Div 5 Chapter 2 Art III Div 6 Chapter 2 Art III Div 7 Chapter 2 Art 11/ Div 8 Chapter 11 Art /I Chapter 22 Art /I Div 2 Chapter 7; Chapter 14 Chapter 14 Chapter 14 Art IV Div 1 Chapter 14 Art V Chapter 14 Art /I Div 2 Chapter 14 Art /I Div 3 Chapter 14 Art /I Div 4 Chapter 14 Art /I Div 7 Chapter 14 Art III Div 2; Chapter 14 Art 11/ Div 3 Chapter 14 Art IV Div 2 Chapter 7 ~:5 Chapter 3.45 - Finance in General Chapter 3.50 - Funds Title 4 City Property Parks and Public Places Chapter 4.05 - Park Regulations Chapter 4.10 - Smoking in City Buildings Chapter 4.15 - Art in Public Places Streets and Sidewalks Chapter 4.20 - Vacation of Streets Chapter 4.25 - Rights-of-Way Chapter 4.30 - Riqht-of-Way Permits Chapter 4.35 - Right-of-Way Vegetation Chapter 4.40 - Sidewalks Title 5 (Reserved) Title 6 Public Safety and Welfare Chapter 6.05 - Public Safety and Welfare in General Chapter 6.10 - Druq, Alcohol. and Poisons Chapter 6.15 - Vehicles Chapter 6.20 - Children and Minors Chapter 6.25 - Firearms and Danqerous Weapons Chapter 6.30 - Property Chapter 6.35 - Persons Chapter 6.40 - Dishonesty Chapter 6.45 - Public Morals Chapter 6.50 - Public Officers Chapter 6.55 - Public Peace Chapter 6.60 - Fire Chapter 6.65 - Gamblinq Chapter 6.70 - Public Nuisance Chapter 6.75 - Miscellaneous Crimes and Offenses Title 7 Public Nuisances Chapter 7.05 - Public Nuisances in General Air quality regulations. Erosion and sedimentation regulation. Glare regulation. Heat regulation. Odor. Radiation. Chapter 7.10 - Noise Maximum environmental noise levels. Noise level bonds. Chapter 7.15 - Graffiti Chapter 7.20 - Junk and Junk Vehicles Junk and junkyards prohibited. Title 8 Traffic and Vehicles Chapter 8.05 - Traffic and Vehicles in General Chapter 8.10 - Commute Trip Reduction (CTR) Chapter 8.15 - Impoundment for No License Chapter 8.20 - Motorized Foot Scooters F-lo Chapter 7 Art I Chapter 7 Art 1/ Chapter 11, 13 Chapter 11; Chapter 13 Chapter 11 Art III Chapter 13 Art III Div 2 Chapter 2 Art IX Chapter 13 Chapter 13 Art IV Chapter 13 Art 1/ Chapter 13 Art V Oiv 1, 2 Chapter 13 Art VI/ Chapter 13 Art VI Chapter 6 Chapter 6 Art I Chapter 6 Art 1/, IV; Chapter 2 Art V/II Chapter 15 Art II; Chapter 15 Art X Chapter 6 Art /II Chapter 6 Art VI; Chapter 2 Art XI Chapter 6 Art IX Chapter 6 Art VII/ Chapter 6 Art VII Chapter 6 Art X Chapter 6 Art XI Chapter 6 Art XI/ Chapter 6 Art V Chapter 6 Art XV Chapter 6 Art XIV Chapter 6 Art XII/ Chapter 10 FWCC 22-947 FWCC 22-948 FWCC 22-950 FWCC 22-951 FWCC 22-958 FWCC 22-959 Chapter 10 Art 1/ FWCC 22-956 FWCC 22-957 Chapter 10 Art III Chapter 15 Art V Div I FWCC 22-952 Chapter 15 Chapter 15 Art I Chapter 15 Art VII Chapter 15 Art V/II Chapter 15 Art IX Chapter 8.25 - Bicycles Chapter 8.30 - Speed limits Chapter 8.35 - Cruising Chapter 8.40 - Street Use Restriction Chapter 8.45 - Equipment Chapter 8.50 - Parkinq Generally Chapter 8.55 - Fire lanes Title 9 Animals Chapter 9.05 - Administration and Enforcement Definitions. Purpose. Contract with county. Criminal penalty. Civil penalty. Personal obligations. Costs of enforcement action. Waiver of fees and penalties. Additional enforcement. Euthanasia rate targets. Canvassing program. Use of revenue from canvassing program and sale of juvenile licenses. Exemptions. Release from confinement. Monitoring. Mandatory spaying and neutering. Spay/neuter vouchers. Education. Breeder certification program. Chapter 9.10 - Animal ReQulations Cruelty declared unlawful. Fowl and rabbits. Livestock. Exotic animals. Guard dogs. Unlawful acts against police department dogs - Penalty for violation. Sale or giving away of unaltered dogs and cats. Advertisements for unaltered dogs and cats. Chapter 9.15 - Animal Nuisances Chapter 9.20 - Rabies Control Chapter 9.25 - Dangerous Dogs Chapter 9.30 - Vicious Animals Chapter 9.35 - Impoundment Chapter 9.40 - Animal Licenses Chapter 9.45 - Animal Related Businesses Title 10 (Reserved) Title 11 Utilities Electrical and Communication Chapter 11.05' - Electric Installation f-, Chapter 15 Art VI Chapter 15 Art III Chapter 15 Art V Div 3 Chapter 15 Art V Div 4 Chapter 15 Art V Div 2 Chapter 15 Art IV Div 1, 2 Chapter 15 Art IV Div 3 Chapter 4 Chapter 4 Art I (partial> Art II Div 1, 2, 3 FWCC 4-1 FWCC 4-2 FWCC 4-3 FWCC 4-4 FWCC 4-5 FWCC 4-6 FWCC 4-7 FWCC 4-8 FWCC 4-9 FWCC 4-16 FWCC 4-19 FWCC 4-20 FWCC 4-21 FWCC 4-22 FWCC 4-23 FWCC 4-24 FWCC 4-25 FWCC 4-26 FWCC 4-27 Chapter 4 Art I (partial> FWCC 4-10 FWCC 4-11 FWCC 4-12 FWCC 4-13 FWCC 4-14 FWCC 4-15 FWCC 4-17 FWCC 4-18 Chapter 4 Art V Chapter 4 Art VII Chapter 4 Art IV Chapter 4 Art VI Chapter 4 Art V/II Chapter 4 Art /1/ Chapter 9 Art IV Div 1, 2, 3 Chapter 12, 16 Chapter 16 Art II Div 2 Chapter 11.10 - Cable Communications Systems Solid Waste Chapter 11.15 - Solid Waste in General Chapter 11.20 - Solid Waste Collection Requlations Chapter 11.25 - Solid Waste Collection Companies Chapter 11.30 - Solid Waste Rates, Charqes. and Billinq Procedures Surface Water Utility Chapter 11.35 - Surface Water Utility in General Chapter 11.40 - Surface Water Policy Chapter 11.45 - Surface Water Rates and Charqes Chapter 11.50 - Surface Water Billinq Procedure Title 12 Businesses Chapter 12.05 - Registration Business registration. Chapter 12.10 - Adult Entertainment Chapter 12.15 - Pawnbrokers and Secondhand Dealers Chapter 12.20 - Private Securify Systems Chapter 12.25 - Temporary Businesses Chapter 12.30 - Public Dances and Dance Halls Chapter 12.35 - Massage Businesses Chapter 12.40 - Bathhouses Chapter 12.45 - Taxicabs Chapter 12.50 - Alarms Chapter 12.55 - Fireworks Title 13 BuildinQs BuildinQs and BuildinQ ReQulations Chapter 13.05 - Buildinqs in General Chapter 13.10 - Buildinq Requlations Administration Chapter 13.15 - Building Construction Standards Chapter 13.20 - Five-Story Wood Frame Buildings Chapter 13.25 - Plumbing Code Chapter 13.30 - Mechanical Code Chapter 13.35 - Existing Buildings Chapter 13.40 - Swimming Pools - Hot Tubs - Spas Chapter 13.45 - Moving Buildings Chapter 13.50 - Electrical Code Fire Prevention and Protection Chapter 13.55 - Fire Prevention in General Chapter 13.60 - Fire Prevention Administration Chapter 13.65 - Fire Code Chapter 13.70 - Fire Alarms and Sprinkler Systems Chapter 13.75 - Smoke Detectors Title 14 Environmental Policy Chapter 14.05 - Environmental Policy in General Chapter 14.10 - Environmental Policy Administration Chapter 14.15 - Categorical Exemptions I Threshold Determinations Chapter 14.20 - Environmental Impact Statement Chapter 14.25 - Environmental Policy Statement Chapter 14.30 - Critical Areas ~--Q Chapter 9 Art I XI Chapter 12 Chapter 12 Art I Chapter 12 Art II Chapter 12 Art 1/1 Chapter 12 Art IV Chapter 16 Art III Chapter 16 Art III Div 1 Chapter 16 Art 1/1 Div 2 Chapter 16 Art 11/ Div 3 Chapter 16 Art III Div 4 Chapter 9 Chapter 9 Art 1/ FWCC 14-138 Chapter 9 Art III Div 1, 2, 3, 4 Chapter 9 Art V Oiv 1, 2, 3, 4 Chapter 9 Art VI Div 1, 2, 3, 4 Chapter 9 Art VII Oiv 1, 2 Chapter 9 Art VII/ Div 1, 2 Chapter 9 Art IX Div 1, 2, 3, 4 Chapter 9 Art X Div 1, 2, 3, 4 Chapter 17 Art II Div 1, 2, 3A, 38, 3C, 4, 5, 6 Chapter 3 Chapter 8 Art IV Div 1, 2, 3 Chapter 5, 8 Chapter 5 Chapter 5 Art I Chapter 5 Art II Chapter 5 Art 11/ Chapter 5 Art IV Chapter 5 Art V Chapter 5 Art VI Chapter 5 Art VII Chapter 5 Art VI/I Chapter 5 Art IX Chapter 5 Art X Chapter 8 Chapter 8 Art I, Chapter 8 Art II Div 1 Chapter 8 Art II Div 2 Chapter 8 Art 1/ Div 3 Chapter 8 Art 1/ Div 4 Chapter 8 Art 11/ Chapter 18 Art 1/ Chapter 18 Art 1/ Div 1 Chapter 18 Art 1/ Div 2 Chapter 18 Art 1/ Div 3 Chapter 18 Art " Div 4 Chapter 18 Art 1/ Div 5 Chapter 18 Art " Div 6 Title 15 Shoreline Management Chapter 15.05 - Shoreline Management Title 16 Surface Water Management Surface Water ManaQement Chapter 16.05 - Surface Water Manaqement in General Chapter 16.10 - Administration and Enforcement Chapter 16.15 - Regulated and Exem pt Activities Chapter 16.20 - Requirements Chapter 16.25 - Approval Standards Chapter 16.30 - Adjustments Chapter 16.35 - Ownership, Operation, and Maintenance Requirements Chapter 16.40 - Flood Damage Prevention Water Quality Chapter 16.45 - General Water Quality and Enforcement Erosion and sedimentation regulation. Scope. Quality of water entering streams and lakes. Quality of water entering the public storm water system. Quality of water entering the ground. Special enforcement provisions. Discharqes as public nuisances and violations. Chapter 16.50 - Discharges into Federal Way Waters and Storm Drainage Systems Chapter 16.55 - Best Management Practices Title 17 (Reserved) Title 18 Subdivisions Chapter 18.05 - Subdivisions in General Chapter 18.10 - Boundary line Adjustments Chapter 18.15 - lot Line Eliminations Chapter 18.20 - Binding Site Plans Chapter 18.25 -Zero-lot Line, Small lot, and Cottage Development Chapter 18.30 - Short Subdivision Plats Chapter 18.35 - Preliminary Plat Chapter 18.40 - Final Plat Chapter 18.45 - Alterations of Plats Chapter 18.50 - Vacation of Subdivisions Chapter 18.55 - Design Criteria Chapter 18.60 - Subdivision Improvements Chapter 18.65 - Public Improvement Assessments Title 19 Zoning and Development Code Administration Chapter 19.05 -Zoninq and Development in General Chapter 19.10 - Enforcement - Zoning citation. f-~\ Chapter 18 Art 11/ Div 1, 2 Chapter 18 Art III Div 1, 2 Chapter 21 Chapter 21 Art I, Chapter 21 Art 1/ Div 1 Chapter 21 Art 1/ Div 5, Chapter 21 Art III Div 1, 3 Chapter 21 Art 1/ Div 2 Chapter 21 Art II Div 3 Chapter 21 Art II Div 4 Chapter 21 Art II Div 6 Chapter 21 Art III Div 2 Chapter 21 Art V Chapter 21 Art IV Chapter 21 Art IV Div 1, 4; Chapter 22 Art XIII Div 12 partial FWCC 22-948 FWCC 22-1196 FWCC 22-1197 FWCC 22-1198 FWCC 22-1199 FWCC 22-1200 FWCC 22-1201 Chapter 21 Art IV Div 2 Chapter 21 Art IV Div 3 Chapter 20 Chapter 20 Art I, Chapter 20 Art 1/ Div 1 Chapter 20 Art 1/ Div 2 Chapter 20 Art /I Div 2 Chapter 20 Art 1/ Div 3 Chapter 20 Art /I Div 5, 6, 7 Chapter 20 Art 1/ Div 8 Chapter 20 Art 1/ Div 9 Chapter 20 Art 1/ Div 10 Chapter 20 Art 1/ Div 11 Chapter 20 Art 1/ Div 12 Chapter 20 Art 11/ Chapter 20 Art IV Chapter 20 Art V Chapter 22 Chapter 22 Art I, II Chapter 22 Art I Chapter 22 Art 1/ Div 5 partial FWCC 22-128 Civil enforcement. Chapter 19.15 - Permits and Review Processes Chapter 19.20 - Permits and Certificate of Occupancy Chapter 19.25 - Bonds Chapter 19.30 - Nonconformance Chapter 19.35 - Amendments Development Process Chapter 19.40 - Preapplication Process Chapter 19.45 - Variances Chapter 19.50 - Interpretations Chapter 19.55 - Process I - Director's Approval Chapter 19.60 - Process II - Site Plan Review Chapter 19.65 - Process III - Project Approval Chapter 19.70 - Process IV - Hearing Examiner Chapter 19.75 - Process V - Quasi-Judicial Rezones Chapter 19.80 - Process VI - Council Rezones Chapter 19.85 - Development Agreements Mitiqation and Fees Chapter 19.90 - Transportation Concurrency Management Chapter 19.95 - School Impact Fees Chapter 19.100 - Mitigation of Development Impacts Development Requlations Chapter 19.105 - General Development ReQulations Building site. Essential public facilities. Lighting regulation Limitations on Development Activities and Heavy Equipment Operations Chapter 19.110 - Densitv and Dimensions Affordable housing regulations. Calculating lot coverage. Rounding of fractions of dwelling units. Regulation of distance between structures - Regarding maximum horizontal facade Compliance generally Exceptions. Rooftop appurtenances - Required screening. Chapter 19.115 - Community Design Guidelines Chapter 19.120 - land Modifications Chapter 19.125 - Outdoors. Yards. and landscapinQ Planting requirements for certain trees. Garbage and recycling receptacles - Placement and screening.. Scope of division Exceptions and limitations in some zones. Structures and improvements. Outdoor uses, activities and storage. Outdoor Activities and Storage Application of division. Outdoor Activities and Storage Commercial and industrial uses. FWCC 22-129 Chapter 22 Art /I Div 1 Chapter 22 Art 1/ Div 7 Chapter 22 Art /I Div 6 Chapter 22 Art IV Chapter 22 Art III Div 1, 2. 3A, 38, 3C Chapter 22 Art XX Chapter 22 Art /I Div 8 Chapter 22 Art IV.A Chapter 22 Art /V. 8 Chapter 22 Art V Chapter 22 Art VI Chapter 22 Art VII Chapter 22 Art VIII Chapter 22 Art IX Chapter 22 Art XXI Chapter 19 Art IV Chapter 14 Art VI Chapter 9 Art II Div 2 Chapter 22 Art XIII Div 1 partial, Chapter 22 Art XIII Div 3 FWCC 22-953 FWCC 22-946.1 FWCC 22-954 FWCC 22-1006 Chapter 22 Art XIII Div 1 partial; Chapter 22 Art XIII Div 5 FWCC 22-976 FWCC 22-955 FWCC 22-961 FWCC 22-964 FWCC 22-1046 FWCC 22-1047 FWCC 22-960 Chapter 22 Art XIX Chapter 22 Art XI/J Div 7 Chapter 22 Art XIII Div 4, 8 partial, 9 partial; Chapter 22 Art XVI/ FWCC 22-962 FWCC 22-949 FWCC 22-1131 FWCC 22-1132 FWCC 22-1133 FWCC 22-1134 FWCC 22-1111 FWCC 22-1113 P-Ju Chapter 19.130 - Off-street Parking Residential uses. Driveways and parking areas. Chapter 19.135 - Development Improvements Sight Distance at Intersections Permissible intrusion in the area to be kept clear of sight obstruction. Chapter 19.140 - Signs Critical Areas Chapter 19.145 - Environment and Critical Areas in General Chapter 19.150 - Critical Areas Administration Chapter 19.155 - General Site Design Requirements Chapter 19.160 - Geologically Hazardous Areas Chapter 19.165 - Streams Chapter 19.170 - Regulated Lakes Chapter 19.175 - Regulated Wetlands Chapter 19.180 - Regulated Wellheads Chapter 19.185 - Critical Aquifer Recharge Areas and Wellhead Protection Areas Zoninq ReQulations . Chapter 19.190 - General Zoning Regulations Chapter 19.195 - Suburban Estate (SE) Chapter 19.200 - Single-Family Residential (RS) Chapter 19.205 - Multifamily Residential (RM) Chapter 19.210 - Professional Office (PO) Chapter 19.215 - Neighborhood Business (BN) Chapter 19.220 - Community Business (BC) Chapter 19.225 - City Center-Core (CC-C) Increases to single-story construction limits - City center core. - Structured Parking in the CC-C Chapter 19.230 - City Center-Frame (CC-F) Increases to single-story construction limits - City center frame. Structured Parking in the CC-F Chapter 19.235 - Office Park (OP) Chapter 19.240 - Commercial Enterprise (CE) Chapter 19.245 - Corporate Park (CP-1) Supplemental ZoninQ ReQulations Chapter 19.250 - Cottage and Compact Single-Family Housing Chapter 19.255 - Personal wireless service facilities Personal wireless service facilities (PWSF) Development standards. Nonconformance. Temporary personal wireless service facilities. Application requirements. Collocation. EMF standards and interference. Removal of facility. Permit limitations. Revocation of permit. Chapter 22 Art XIII Div 11; Chapter 22 Art XV FWCC 22-1112 FWCC 22-1135 Chapter 22 Art XVI FWCC 22-1151 FWCC 22-1160 Chapter 22 Art XVI/I Chapter 22 Art XIV Chapter 22 Art XIV Div 1 Chapter 22 Art XIV Div 2 Chapter 22 Art XIV Div 3 Chapter 22 Art XIV Div 4 Chapter 22 Art XIV Div 5 Chapter 22 Art XIV Div 6 Chapter 22 Art XIV Div 7 Chapter 22 Art XIV Div 8 Chapter 22 Art XIV Div 9 Chapter 22 Art XI Div 1 Chapter 22 Art XI Div 2 Chapter 22 Art XI Div 3 Chapter 22 Art XI Div 4 Chapter 22 Art XI Div 5 Chapter 22 Art XI Div 6 Chapter 22 Art XI Div 7 Chapter 22 Art XI Div 8 FWCC 22-977 FWCC 22-1425 Chapter 22 Art XI Div 8 FWCC 22-977 FWCC 22-1425 Chapter 22 Art XI Div 9 Chapter 22 Art XI Div 10 Chapter 22 Art XI Div 12 Chapter 22 Art XII Chapter 22 Art XIII Div 1 partial FWCC 22-966 FWCC 22-967 FWCC 22-968 FWCC 22-969 FWCC 22-970 FWCC 22-971 FWCC 22-972 FWCC 22-973 FWCC 22-974 FWCC 22-975 F~l \ Chapter 19.260 - Animals Animals in home occupations Chapter 19.265 - Accessory Uses and Facilities Accessory uses, facilities and activities. Accessory dwelling units. Chapter 19.270 - Home Occupations Chapter 19.275 - Temporary Uses Regulation of temporary trailers for construction and real estate sales offices Chapter 22 Art XIII Div 2 FWCC 22-1071 Chapter 22 Art XIII Div 1 partial FWCC 22-946 FWCC 22-965 Chapter 22 Art XI Div 6 Chapter 22 Art X FWCC 22-963 F -I L- TITLE 2 FULL CODE COMPARISON New Federal Way Revised Code is on the left with new or changed text underlined (in red). Old Federal Way City Code is on the right in italics (in blue). FEDERAL WAY REVISED CODE Title 2 Government Departments, Officials, and Employees Chapter 2.05 - Government In General 2.05.010 Organization - Personnel policies, procedures and benefit programs. 2.05.015 Office Hours Ch. 2.10 - City Council and Mayor 2.10.010 - Salaries Ch. 2.15 - Municipal Court 2.15.005 - Creation 2.15.010 - Jurisdiction 2.15.015 - Violations Bureau 2.15.020 - Disposition of Revenue 2.15.025 - Municipal Judge 2.15.030 - Municipal Court Commissioner 2.15.035 - Court Operation 2.15.040 - Sessions 2.15.045 - Municipal Court Seal 2.15.050 - Case Transfers 2.15.055 - Jury Trial and Fee 2.15.060 - Sentencing 2.15.065 - Criminal Process 2.15.070 - Complaints 2.15.075 - Pleadings, Practice and Procedure Ch. 2.20 - Hearings Examiner 2.20.005 - Creation 2.20.010 - Appointment 2.20.015 - Qualification 2.20.020 - Jurisdiction, Powers and Authority 2.20.025 - Rules of Procedure Ch. 2.25 - Police Department 2.25.005 - Creation 2.25.010 - Governing Body 2.25.015 - Appointment of Director of Police 2.25.020 - Appointment of Deputy Director(s) of Police 2.25.025 - Administrative Authority 2.25.030 - Oath Required 2.25.035 - Limited Commission Officers Ch. 2.30 - Department of Community Development FEDERAL WA Y CITY CODE Chapter 2 Administration (Ch. 2 Art I, II, IV, X) Ch. 2 Article I. In General 2-96 Organization - Personnel policies, procedures and benefit programs. (moved from Ch 2 Art IV, Div 1) 2-1 Office Hours Ch. 2 Art II. City Council 2-26 Salaries Ch. 2 Art X. Municipal Court 2-307 Creation. 2-308 Jurisdiction. 2-309 Violations bureau. 2-310 Disposition of revenue. 2-311 Municipal judge. 2-312 Municipal court commissioner. 2-313 Court operation. 2-314 Sessions. 2-315 Municipal court seal. 2-316 Case transfers. 2-317 Jury trial and fee. 2-318 Sentencing. 2-319 Criminal process. 2-320 Complaints. 2-321 Pleadings, practice and procedure. Ch. 22 Art II. Division 3 Hearing Examiner 22-81 Creation. 22-82 Appointment. 22-83 Qualification. 22-84 Jurisdiction, powers and authority. 22-85 Rules of procedure. Ch. 2 Art IV Div 4. Public Safety Department 2-133 Establishment. 2-134 Governing body. 2-135 Appointment of director of public safety. 2-136 Appointment of deputy director( s) of public safety. 2-137 Administrative authority. 2-138 Oath required. 2-139 Limited commission officers. Ch. 22 Art II. Div. 4 Department of Community Development F--L3 2.30.005 - General Responsibilities 2.30.010 - Authority 2.30.015 - Forms and Operating Procedures 2.30.020 - Code Enforcement Officer 2.30.025 - Code Enforcement Officer - Duty to Investigate 2.30.030 - Code Enforcement Officer - Entrance on Private Property Ch. 2.35 - Indemnification 2.35.005 - Definitions 2.35.010 - legal Representation 2.35.015 - Exclusions 2.35.020 - Determination of Exclusion 2.35.025 - Representation and Payment of Claims - Conditions 2.35.030 - Effect of Compliance with Conditions 2.35.035 - Failure to Comply with Conditions 2.35.040 - Reimbursement of Incurred Expenses 2.35.045 - Conflict with Provisions of Insurance Policies 2.35.050 - Claims Ch. 2.40 Travel Policy and Procedure 2.40.005 - Request for Advance 2.40.010 - Repayment or Itemization of Expenses 2.40.015 - City Right to Impose Lien, Withhold Payments 2.40.020 - Uses Specified 2.40.025 - Reimbursement for Travel Expenses 2.40.030 - False Certificates - Perjury 2.40.035 - False Certificates - Approval- Payment Boards. Committees, and Commissions Ch. 2.45 - Civil Service Commission 2.50.005 - Definitions 2.50.010 - Creation - Appointment 2.50.015 - Eligibility 2.50.020 - Terms 2.50.025 - Removal 2.50.030 - Proceedings - Quorum 2.50.035 - General Powers and Duties 2.50.040 - Secretary-Chief Examiner 2.50.045 - Rules and Regulations Ch. 2.50 - Arts Commission 2.55.005 - Creation 2.55.010 - Purpose 2.55.015 - Membership 2.55.020- Officers - Staff - Operation 2.55.025 - Responsibilities Ch. 2.55 - Human Services Commission 2.60.005 - Creation 22-101 General responsibility. 22-102 Authority. 22-103 Forms and operating procedures. 22-104 Code enforcement officer. 22-121 Code enforcement officer- Duty to investigate. (moved from Ch 22 Art II, Div 5) 22-122 Code enforcement officer - Entrance on private property. (moved from Ch 22 Art II, Div 5) Ch. 2 Art IV Oiv 2. Indemnification 2-106 Definitions. 2-107 Legal representation. 2-108 Exclusions. 2-109 Determination of exclusion. 2-110 Representation and payment of claims - Conditions. 2-111 Effect of compliance with conditions. 2-112 Failure to comply with conditions. 2-113 Reimbursement of incurred expenses. 2-114 Conflict with provisions of insurance policies. 2-115 Claims. Ch. 2 Art IV Oiv 3. Travel Policy and Procedure 2-126 Request for advance. 2-127 Repayment or itemization of expenses. 2-128 City right to impose lien, withhold payments. 2-129 Uses specified. 2-130 Reimbursement for travel expenses. 2-131 False certificates - Perjury. 2-132 False certificates - Approval- Payment. Ch. 2 Art 11/. Boards - Committees - Commissions Ch. 2 Art III Oiv 1. Civil Service Commission 2-46 Definitions. 2-47 Creation - Appointment. 2-48 Eligibility. 2-49 Terms. 2-50 Removal. 2-51 Proceedings - Quorum. 2-52 General powers and duties. 2-53 Secretary-chief examiner. 2-54 Rules and regulations. Ch. 2 Art 11/ Oiv 2. Arts Commission 2-56 Created. 2-57 Purpose. 2-58 Membership. 2-59 Officers - Staff - Operation. 2-60 Responsibilities. Ch. 2 Art 11/ Oiv 3. Human Services Commission 2-71 Created. F ~ Iii 2.60.010 - Qualifications - Terms 2.60.015 - Organization and Meetings 2.60.020 - Duties and Responsibilities Ch. 2.60 - Youth Commission 2.65.005 - Creation 2.65.010 - Purpose 2.65.015 - Goals 2.65.020 - Membership 2.65.025 - Responsibilities 2.65.030 - Staff Support Ch. 2.65 - Diversity Commission 2.70.005 - Creation 2.70.010 - Purpose 2.70.015 - Membership 2.70.020 - Responsibilities and Objectives 2.70.025 - Officers Ch. 2.70 - Disability Board 2.75.005 - Creation 2.75.010 - Functions 2.75.015 - Membership 2.75.020 - Term - Vacancies Ch. 2.75 - Lodging Tax Advisory Committee 2.80.005 - Creation 2.80.010 - Membership 2.80.015 - Term of Office 2.80.020 - Voting - Dissenting and Concurring Comments 2.80.025 - Changes to Membership 2.80.030 - Submissions to the Committee 2.80.035 - Comments - Members Entitled to One Vote - Dissenting or Concurring Comments Forwarded to Council Ch. 2.80 -Independent Salary Commission 2.85.005 - Creation 2.85.010 - Purpose 2.85.015 - Membership 2.85.020 - Qualifications 2.85.025 - Operation 2.85.030 - Responsibilities 2.85.035 - Effective Date - Salaries 2.85.040 - Salary Schedule Subject to Referendum Petition Ch. 2.85 - Parks and Recreation Commission 2.90.005 - Creation 2.90.010 - Membership 2.90.015 - Officers 2.90.020 - Purpose 2.90.025 - Responsibilities F -L5 2-72 Qualifications - Terms. 2-73 Organization and meetings. 2-74 Duties and responsibilities. Ch. 2 Art III Div 4. Youth Commission 2-78 Created. 2-79 Purpose. 2-80 Goals. 2-81 Membership. 2-82 Responsibilities. 2-83 Staff support. Ch. 2 Art " Div 5. Diversity Commission 2-87 Created. 2-88 Purpose. 2-89 Membership. 2-90 Responsibilities and objectives. 2-91 Officers. Ch. 2 Art " Div 6. Disability Board 2-92 Creation of disability board. 2-93 Functions of the board. 2-94 Membership. 2-95 Term - Vacancies. Ch. 2 Art 11/ Div 7. Lodging Tax Advisory Committee 2-95.1 Creation. 2-95.2 Membership. 2-95.3 Term of office. 2-95.4 Voting - Dissenting and concurring comments. 2-95.5 Changes to membership. 2-95.6 Submissions to the committee. 2-95.7 Comments - Members entitled to one vote - Dissenting or concurring comments forwarded to council. Ch. 2 Art 11/ Div 8. Independent Salary Commission 2-95.8 Created. 2-95.9 Purpose. 2-95.10 Membership. 2-95.11 Qualifications. 2-95. 12 Operation. 2-95.13 Responsibilities. 2-95. 14 Effective date - Salaries. 2-95. 15 Salary schedule subject to referendum petition. Ch 11, Art II. Parks and Recreation Commission 11-26 Created. 11-27 Membership. 11-28 Officers. 11-29 Purpose. 11-30 Responsibilities. Ch. 2.90 - Planning Commission 2.95.005 - Creation 2.95.010 - Membership 2.95.015 - Appointment 2.95.020 - Jurisdiction, Powers and Authority 2.95.025 - Rules of Procedure 2.95.030 - Additional Committees, Boards, Commissions, Councils, and Individuals Ch 22 Art II. Div. 2 Planning Commission 22-56 Creation. 22-57 Membership. 22-58 Appointment. 22-59 Jurisdiction, powers and authority. 22-60 Rules of procedure. 22-61 Additional committees, boards, commissions, councils, and individuals. F-I to RESOLUTION NO. A RESOLUTION OFTHE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DIRECTING THAT THE CITY CLERK IN CONJUNCTION WITH THE CODE REVISER PREPARE A DRAFf RE-CODIFlCATION AND REORGANIZATION OF THE FEDERAL WAY CITY CODE TO BE KNOWN AS THE FEDERAL WAY REVISED CODE WHEREAS, the City Of Federal Way Code ("Code") was originally codified in 1993 by Municipal Code Corporation under Ordinance 93-160, and republished in 2001 by Code Publishing Company; and; WHEREAS, the Code Publishing Company continues to be the publisher for the City; and WHEREAS, the Code is currently codified in a cumbersome format that is not typical of Washington cities making it more difficult to amend, reference, and more expensive to maintain; and; WHEREAS, over the years amendments to the Code have left the current codification ofthe code disorganized, with scrivener's errors, incorrect references, and unclear language, and; WHEREAS, the City Council wishes to organize the Code in a way that is more straight forward and friendly to users; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, RESOLVES AS FOLLOWS: Section 1. Re-codification ofthe Federal Way City Code. The City Council ofthe City Of Federal Way directs the City Clerk in conjunction with Code Publishing to organize, compile, edit, produce, and republish a new codification of the RES # , Page 1 F~/l Federal Way City Code to be known as the Federal Way Revised Code. The new codification shall be based on a decimal system of title, chapter, and section, similar to the state RCW's. The former nomenclature of chapter, article, division, section, or subsection shall be replaced with the appropriate title, chapter, subchapter, section, and subsection terms. All internal citations shall be corrected as well, and shall conform to the style ofthe Washington State code reviser's office's "Bill Drafting Guide 2007." Subsections and subparagraphs shall be re-enumerated using the following sequence and style: (1)(a)(i)(A)(I). Numbering shall be removed from definition lists and the words defined shall be indented, italicized, and set off with quotation marks. Cross reference sections shall be developed to include cross references between related sections of the code as well as applicable state law. A draft version shall be produced for further review by City staff and for the City Council's final approval of the new publication. Section 2. Severability. If any section, sentence, clause or phrase ofthis resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 4. Effective Date. This resolution shall be effective immediately upon passage by the Federal Way City Council. RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON this day of , 2007. RES # , Page 2 F-l~ CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHA WAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: RES # , Page 3 f~11