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Planning Comm PKT 11-05-2008 City of Federal Way PLANNING COMMISSION November 5, 2008 7 :00 p.m. City Hall- 1st Floor Patrick Maher Room AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES October 15, 2008 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS . PUBLIC HEARING Code Reorganization . PUBLIC HEARING Clearing, Grading, & Tree Retention Code Amendments 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners Merle Pfeifer, Chair Lawson Bronson Tom Medhurst Tim 0 'Neil Hope Elder, Vice-Chair Wayne Carlson Sarady Long Kevin King (Alternate) City Staff Greg Fewins, CDS Director Margaret Clark, Senior Planner E. Tina Piety, Administrative Assistant 253-835-2601 www.citvoffederalwav.com K:\Planning Commission\2008lAgenda 11-05-08.doc CITY OF FEDERAL WAY PLANNING COMMISSION October 15,2008 7:00 p.m. City Hall Council Chambers MEETING MINUTES Commissioners present: Merle Pfeifer, Lawson Bronson, Wayne Carlson, and Sarady Long. Commissioners absent: Bill Drake, Tom Medhurst, and Hope Elder (excused). Alternate Commissioners present: Tim O'Neil and Kevin King. Alternate Commissioners absent: none. Staff present: Planning Manager Isaac Conlen, Senior Planner Margaret Clark, Associate Planner Matthew Herrera, Assistant City Attorney Peter Beckwith, and Administrative Assistant E. Tina Piety. Chairman Pfeifer called the meeting to order at 7:00 p.m. ApPROVAL OF MINUTES The minutes of September 17, 2008, were approved. AUDIENCE COMMENT None ADMINISTRATIVE REpORT None COMMISSION BUSINESS PUBLIC HEARING - Construction Hours Code Amendment Mr. Herrera delivered the staff presentation. The proposed amendment would allow the Director of Community Development Services to give revocable permission to allow development activity and heavy equipment operation beyond the permitted hours. No comments have been received on this proposal. According to the Federal Way City Code (FWCC): "Development activity means any work, condition or activity which requires a permit or approval under this chapter [Chapter 22, "Zoning"] or the city building code. Heavy equipment means high capacity mechanical devices for moving earth or other materials..." (e.g., cranes, trench diggers, tractors over 80 hp, augers, concrete mixers, etc.). Development activity and heavy equipment operation is allowed between 7:00 a.m. to 8:00 p.m. Monday through Friday and on Saturdays between 9:00 a.m. to 8:00 p.m. Currently the Director of Community Development Services may give revocable permission for the overnight hours Monday through Friday and between 9:00 a.m. to 8:00 p.m. on Sundays and holidays. No development activity and heavy equipment operation is allowed during the nighttime hours of Saturday and nighttime and early morning hours of Sundays and holidays. The proposed amendment would maintain the current permitted hours of 7:00 a.m. to 8:00 p.m. Monday through Friday and on Saturdays between 9:00 a.m. to 8:00 p.m. In addition, it would allow the Director of Community Development Services to give revocable permission to allow development activity and heavy equipment operation for all hours beyond the permitted hours. K:\Planning Commission\2008\Meeting Summary 10-15-08.doc Planning Commission Minutes Page 2 October 15,2008 As a result of this proposed code amendment, city staff believes that construction activities will be completed in less time; that more off-peak hours work will mean less on-peak hours work; and the overall impact to the community will be less. Permission to work beyond the permitted hours may be revoked if the city receives complaints. There was no public comment. Commissioner Bronson asked if industry people received notice of this issue and meeting. Ms. Clark replied notice of the meeting was published in the paper and on the city's website. Commissioner Carlson commented that he supports the proposal. He believes it will help developers get more done in less time. He asked what threshold the director will use when deciding if a complaint has merit. Mr. Herrera replied that city has adopted the Washington Administrative Code noise standards. The director could give revocable permission to development activity, but not heavy equipment operation. This would allow some work (such as prep work) to be accomplished without a lot of noise. Commissioner Long asked if the proposed amendment would apply to Public Works projects. Mr. Herrera replied that yes, it would. Staff envisions this proposed amendment would mainly be used for larger projects, such as the Pacific Highway South project. Commissioner King asked if staff has any examples under the current code of permission that has been revoked. Mr. Herrera replied that the staff keeps a record of projects that have been given permission under the current code and to-date, none has been revoked. Chair Pfeifer commented that he strongly favors this proposed amendment. For two years, the city worked on the Pacific Highway South project in front of his business:During the holidays, he and other business owners joined together to request the city to give permission to work during evenings, weekends, and holidays to complete portions of the project (such as paving) sooner and thereby give better access to their businesses. Under the current code, the city was unable to grant their request, while the proposed amendment would allow the request to be granted. Commissioner Carlson moved (and it was seconded) to adopt the proposed amendment as recommended by staff. Commissioner Bronson commented that he does not support the amendment. He stated that there is too little protected quiet time at present and he does not favor reducing what little protected quiet time remains. The vote was held with three yes and one no; the motion/ails. According to FWCC Section 22-539(a)(I), a proposal may only be adopted by majority vote of the entire membership (four of seven members). Since the Commission was unable to adopt the proposal, according to FWCC Section 22- 539(a)(3), the proposal will be forwarded to the Land Use/Transportation Committee (LUTC) as a "no recommendation." The public hearing was closed. ADDITIONAL BUSINESS Ms. Clark informed the Commission that the next meeting will be November 5, 2008, and there will be two public hearing issues: FWCC Reorganization and Clearing, Grading, and Tree Retention Code Amendment or a study session on Traffic Impact Fees in lieu of the public hearing on the Clearing, Grading, and Tree Retention Code Amendment. The Outside Storage Containers Code Amendment will go to the City Council on October 21, 2008, for first reading. The Portable Signs Code Amendment will go to the City Council on October 21, 2008, for second reading. The LUTC and Council as a whole have made some changes to the Portable Signs Code Amendment. The code section that allows 10 off-site real estate signs was deleted and the Planning Commission's recommendation of allowing 8 open house signs in the public right-of-way was changed to 10 open house signs. The hours were changed from the Planning Commissions' recommendation of sunrise to sunset to 9:00 a.m. to sunset. Finally, a regulation was added that signs are to have contact information on them. Commissioner Carlson stated that he will be out of town on November 5th. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 7:30 p.m. K:\Planning Commission\2008\Meeting Summary 10-15-08.doc ~ CITYOF#I ~ Federal Way STAFF REPORT TO THE PLANNING COMMISSION Amendments to Federal Way City Code (FWCC) Code Reorganization Planning Commission Meeting of November 5, 2008 I. BACKGROUND On November 20, 2007, the City Council authorized the reorganization of the City code and correction of various non-substantive errors. Subsequently the City contracted with Code Publishing Inc. to re-codify the code. Code Publishing has returned a proof version of the newly reorganized code for editing and approval. During the process, Code Publishing has identified about 30 technical errors or duplicative sections to be addressed. There are also some changes to the organization of certain articles. City staffhas also located sections with errors, unclear language, and redundancies that should be addressed. In addition, through the process of working with the code, a number of areas where updates are needed have been identified. The updates have been broken into different ordinances depending on the areas that council committees supervise. A concurrent resolution (Exhibit A) will accompany the ordinances directing Code Publishing to complete the re-codification per the previous direction as modified by the various ordinances and the resolution. The update ordinances that address development regulations or change language in the zoning code will first be brought to the Planning Commission on November 5th, before going to LUTC on November 17th. The other updates will go to their respective council committees in November. Lastly each update and the resolution will be presented before the full Council for consideration on December 2nd and December 16th. II. DISCUSSION OF PROPOSED CODE AMENDMENTS Exhibit B is a list that compares the titles and chapters ofthe new Federal Way Revised Code (FWRC) to the chapters and articles of the current Federal Way City Code (FWCC). The draft code amendments are enclosed as Exhibits C, D, E, F, and G. Language proposed to be deleted is shown as strikeout and proposed new language is shown as underline. Exhibit C - Technical Update This update corrects numbering errors, grammatical errors, redundant language, typographical errors, and organization to conform to the new format. Exhibit D - Definitions Update This update simplifies definitions; corrects typographical errors, citation errors, and organization to conform to the new format. It also eliminates redundant definitions; consolidates definitions; moves regulations from definition sections to regulatory sections; removes unused terms; adds cross references; organizes definitions into separate sections; and makes definitions consistent with state law where needed. In one case in particular it uses a single consistent definition of development. Exhibit E - Civil Enforcement, Penalty, Authority, and Procedure Update This update generally makes civil enforcement, penalties, authority, and procedures consistent and removes redundancies. Currently civil enforcement, whether for fines or to review zoning violation decisions, is done through a number of different procedures leading to a hearing examiner. This update consolidates all of these processes into a single one so that all of these types of hearings will operate under the same rules and use the same code sections. Exhibit F - Land Use Decision Process Update Currently land use decisions are made through a number of processes. Many of these processes overlap and contain redundant provisions. This update eliminates redundant sections in the processes, consolidates sections, makes language consistent, and clarifies language. It also deletes the hearing examiner provisions in process III and instead redirects those hearings to use the process in process IV. It will also make some minor technical changes such as limiting the application of interpretations to future land use decisions; clarifying process VI and making it more compliant with state law; increasing the time it allows the City to consider code amendment proposals to 90 days; and otherwise making the processes more consistent with state law. Exhibit G - Nuisance Code Update This update adds sections that generally prohibit nuisances, makes enforcement consistent, collects and organizes nuisance provisions into the nuisance title, and cross- references nuisance provisions. IV. STAFF RECOMMENDATION Staff recommends that the code amendments as outlined in Section II above and enclosed as Exhibits C, D, E, F, and G be recommended for approval to the City Council. Final Code Reorganization Updates Planning Commission Staff Report November 5, 2008 Page 2 v. REASON FOR PLANNING COMMISSION ACTION FWCC Chapter 22, "Zoning," Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is as follows: 1. To review and evaluate the zoning code text regarding any proposed amendments. 2. To determine whether the proposed zoning code text amendments meets the criteria provided by FWCC Section 22-528. 3. To forward a recommendation to City Council regarding adoption of the proposed zoning code text amendments. VI. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWCC text amendment is consistent with the following Federal Way Comprehensive Plan (FWCP) goal: LUG2 Develop an efficient and timely development review process based on a public/private partnership. NEGl To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. The comprehensive plan encourages an efficient and timely process. These changes will streamline and simplify the various processes and regulations used in Federal Way's development regulations to provide a more consistent and accessible framework. Nuisance code updates will help provide better preservation of the environment by simplifying nuisance enforcement and eliminating unintended gaps. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. Final Code Reorganization Updates Planning Commission Staff Report November 5, 2008 Page 3 The proposed FWCC text amendments bear a relationship to the public health, safety, and welfare because the amendments will assist staff and citizens in understanding and processing development regulation issues. 3. The proposed amendment is in the best interest of the residents of the City. The proposed FWCC text amendments are in the best interest of the residents of the City because they support a consistent and fair approach to development regulations. VII. PLANNING COMMISSION ACTION Consistent with the provisions of FWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1. Recommend to City Council adoption of the FWCC text amendments as proposed; 2. Modify the proposed FWCC text amendments and recommend to City Council adoption of the FWCC text amendments as modified; 3. Recommend to City Council that the proposed FWCC text amendments not be adopted; or 4. Forward the proposed FWCC text amendments to City Council without a recommendation. EXHIBITS Exhibit A - Reorganization Resolution Exhibit B - Comparison List Exhibit C - Technical Update for Land Use Exhibit D - Definitions Update for Land Use Exhibit E - Civil Enforcement, Penalty, Authority, and Procedure Update for Land Use Exhibit F - Land Use Decision Process Update Exhibit G - Nuisance Code Update for Land Use K:\2008 Code Amendments\Code Re-organization\Planning Commission\Planning Commission Staff Report reorg IT.doc Final Code Reorganization Updates Planning Commission Staff Report November 5, 2008 Page 4 EXHIBIT A REORGANIZATION RESOLUTION RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DIRECTING THAT THE CITY CLERKIN CONJUNCTION WITH THE CODE REVISER RE-CODIFY AND REORGANIZE THE FEDERAL WAY CITY CODE INTO 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 of the 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 of the Federal Wav City Code into the Federal Way Revised Code. The Clerk and the code revisor are directed to re-codify, reorganize, and republish the city code as the Federal Way Revised Code as constituted in the draft re-codification as amended by subsequent ordinances and this resolution. Notwithstanding any recent amendments which may indicate otherwise, the re-codified code shall retain the format changes specified in the previous Resolution including: Subsections and subparagraphs shall be enumerated using the following sequence and style: (l)(a)(i)(A)(I); and numbering shall be removed from definition lists and the words defined shall be indented, italicized, and set off with quotation marks. Where recent or accompanying amendments contain code references, or title/chapter references in brackets after a non bracket reference, the bracketed language is intended to refer to FWRC and indicate what the re- codified text should look like. Res # , Page 1 The Code revisor is directed to removed the phrase "including all future amendments, additions or deletions" from places where state statutes are adopted by reference. Additionally the following changes to the draft re-codification should be noted and implemented: 1. FWRC Chapter 12.40 massage licensing, is repealed. 2. FWRC 16.40 Flood Control should be re-codified as FWRC 19.142 Flood Control with cross references to FWRC Title 18, Subdivisions, FWRC Title 13 Buildings, and FWRC Title 16, Surface Water management and visa versa. 3. FWCC 22-938 Erosion and sedimentation regulation should only appear at FWRC 7.05.02; FWRC 16.45.020 should be deleted. 4. FWCC 22-977 should be moved to FWRC 19.110.080; FWRC 19.230.150 and FWRC 19.225.130 should be deleted. Cross-referenceFWRC 19.110.080,FWRC 19.230,FWRC 19.225, andFWRC 19.130.150 (22-1245) and visa versa. 5. FWCC 22-1425 should be in FWRC 19.130.150 only and FWRC 19.230.160 or FWRC 19.225.140 should be deleted. Cross reference FWCC 22-1376, FWCC 22-1377 in FWRC 19.130.150 (FWCC 22-1245) and FWRC 19.110.080. 6. FWRC Title 7 should include cross-referencing to: FWRC Chapter 9.15 (FWCC Chapter 4 Art Vet seq); FWRC Chapter 6.70 (FWCC Chapter 6 Art XN section 6-340; FWRC Chapter 13.05 (FWCC 5-7); FWRC Chap 16.45 (FWCC 22-1201); and FWRC Chap 11.20 (FWCC 12-36). 7. The following sections should be moved to FWRC Title 7: FWRC Chapter 4.40 (FWCC Chapter 13 Art VI, section 13-180); FWRC Chapter 4.35 (FWCC Chapter 13 Art VII section 13-252); FWRC Chapter 12.25 (FWCC Chapter 9 Art VII Div 1,2 section 9-388); and FWRC Chapter 12.30 (FWCC Chapter 9 Art VIII Div 1,2 section 9-422). 8 FWRC Chap 7.03 is added by separate ordinance. 9. FWRC Chapter 7.05 should be renamed "Specific public nuisances". Res # , Page 2 10. The division/subdivision hierarchy should be removed from FWCC 19.35 (FWCC Ch. 22 art 1lI). 11. Section FWCC 14-138 is repealed. Sections FWRC 3.05.080 and FWRC 12.05.045 should be deleted. (They are combined with FWRC 12.05.040 [FWCC 9-29] by separate ordinance.) 12. Delete FWRC 16.45.020 (moved to FWRC 7.05.020). 13. Include cross reference in FWRC Ch. 16.45 to FWRC Chap 19.30 (FWRC 19.30.120). 14. In FWRC 9.05.190 (FWCC 4-28) correct internal reference from chapter to title. 15. FWRC Chapter 4.30's name is changed to "Activities in the Right-of-way." 16. The following sections have been renumbered per an accompanying ordinance and the new ordering should be incorporated into the revision: FWCC 21-31 is renumbered FWCC 21-16.5; FWCC 21-32 is renumbered FWCC 22-16.6; and FWCC 21-33 is renumbered FWCC 21-16.7. 17. Repeal FWCC 22-1047; cross reference FWRC 19.260 in FWRC 19.270. 18. Move sections FWCC 9-207, FWCC 11-69, and FWCC 11-70 to FWRC Title 6 per an accompanying ordinance. 19. Move FWCC 9-44, 9-47, and 9-49 to FWRC 12.05.175, 12.05.185, and 12.05.173 respectively. Section 2. Adoption. The City of Federal Way adopts the Federal Way Revised Code upon publication. Section 3. Severability. If any section, sentence, clause or phrase of this 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 4. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Res # . Page 3 Section 5. 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 ,2008. day of CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, 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.: K:\2008 Code Amendments\Code Re-organization\Planning Commission\Technical Reorg Phase II Resolution.doc Res # , Page 4 EXHIBIT B COMPARISON LIST FEDERAL WAY REVISED 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 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 Emplovees 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 Federal Way Revised Code Comparison FEDERAL WA Y CITY CODE Chapter 1 General Provisions Chapter 1 Article I Chapter 1 Art II Chapter 1 Art 11/ Chapter 2 Art V Chapter 2 Art VI Chapter 2 Art VII Chapter 19 Art 11/ Chapter 2 Administration Chapter 2 Art II, IV, X Chapter 2 Article IV Division 1; Chapter 2 Art I Chapter 2 Art II Chapter 1 Art X Chapter 22 Art II Div 3 Chapter 2 Art I V Div 4 Chapter 22 Art II Div 4; Chapter 22 Art II 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 11/ Div 1 Chapter 2 Art 11/ Div 2 Chapter 2 Art 11/ Div 3 Chapter 2 Art 11/ Div 4 Chapter 2 Art 11/ Div 5 Chapter 2 Art 11/ Div 6 Chapter 2 Art 11/ Div 7 Chapter 2 Art 11/ Div 8 Chapter 11 Art II Chapter 22 Art II Div 2 Chapter 7; Chapter 14 Chapter 14 Chapter 14 Art IV Div 1 Chapter 14 Art V Chapter 14 Art II Div 2 Chapter 14 Art II Div 3 Chapter 14 Art II Div 4 Chapter 14 Art II Div 7 Chapter 14 Art 11/ Div 2; Chapter 14 Art 11/ Div 3 Chapter 14 Art IV Div 2 Page 1 FEDERAL WAY REVISED CODE Finance 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 - Activities in the Riqht-of-Way 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 7.03 - General Public Nuisances Chapter 7.05 - Specific Public Nuisances Air quality regulations. Erosion and sedimentation regulation. Glare regulation. Heat regulation. Odor. Radiation. Violations deemed nuisance. Violations deemed nuisance. Penalty for violation. Violations. Chapter 7.10 - Noise Maximum environmental noise levels. Noise level bonds. Federal Way Revised Code Comparison FEDERAL WA Y CITY CODE Chapter 7 Chapter 7 Art I Chapter 7 Art II Chapter 11, 13 Chapter 11; Chapter 13 Chapter 11 Art /II Chapter 13 Art /II Div 2 Chapter 2 Art IX Chapter 13 Chapter 13 Art IV Chapter 13 Art II Chapter 13 Art V Div 1, 2 Chapter 13 Art VII Chapter 13 Art VI Chapter 6 Chapter 6 Art I Chapter 6 Art II, 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 V/II Chapter 6 Art VII Chapter 6 Art X Chapter 6 Art XI Chapter 6 Art XII Chapter 6 Art V Chapter 6 Art XV Chapter 6 Art XIV Chapter 6 Art X/II Chapter 10 New FWCC 22-947 FWCC 22-948 FWCC 22-950 FWCC 22-951 FWCC 22-958 FWCC 22-959 Chapter 13 Art VI: 13-180 Chapter 13 Art VII: 13-252 Chapter 9 Art VII Div 1, 2: 9-388 Chapter 9 Art V/II Div 1, 2: 9-422 Chapter 10 Art II FWCC 22-956 FWCC 22-957 Page 2 FEDERAL WAY REVISED CODE Chapter 7.15 - Graffiti Chapter 7.20 - Junk and Junk Vehicles Junk and junkyards prohibited. Chapter 4.40- Chapter 4.35- Chapter 12.25- Chapter 12.30- 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 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 - Parkina 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 Reaulations 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. Federal Way Revised Code Comparison FEDERAL WA Y CITY CODE Chapter 10 Art 1/1 Chapter 15 Art V Div I FWCC 22-952 Chapter 15 Chapter 15 Art I Chapter 15 Art VII Chapter 15 Art VI/I Chapter 15 Art IX Chapter 15 Art VI Chapter 15 Art 1/1 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 Page 3 FEDERAL WAY REVISED CODE 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 Chapter 11.10 - Cable Communications Systems Solid Waste Chapter 11.15 - Solid Waste in General Chapter 11.20 - Solid Waste Collection Reaulations Chapter 11.25 - Solid Waste Collection Companies Chapter 11.30 - Solid Waste Rates. Charaes. and Billina Procedures Surface Water Utilitv Chapter 11.35 - Surface Water Utility in General Chapter 11.40 - Surface Water Policy Chapter 11.45 - Surface Water Rates and Charaes Chapter 11.50 - Surface Water Billina 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 Security 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 Buildinas BuildinQs and BuildinQ ReQulations Chapter 13.05 - Buildinas in General Chapter 13.10 - Buildina Reaulations 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 Federal Way Revised Code Comparison FEDERAL WA Y CITY CODE FWCC 4-18 Chapter 4 Art V Chapter 4 Art VII Chapter 4 Art IV Chapter 4 Art VI Chapter 4 Art VII/ Chapter 4 Art 11/ Chapter 9 Art IV Div 1,2, 3 Chapter 12, 16 Chapter 16 Art II Div 2 Chapter 9 Art I XI Chapter 12 Chapter 12 Art I Chapter 12 Art II Chapter 12 Art 11/ Chapter 12 Art IV Chapter 16 Art III Chapter 16 Art 11/ Div 1 Chapter 16 Art 11/ Div 2 Chapter 16 Art 11/ Div 3 Chapter 16 Art 11/ Div 4 Chapter 9 Chapter 9 Art II FWCC 14-138 Chapter 9 Art 11/ Div 1, 2, 3, 4 Chapter 9 Art V Div 1, 2, 3, 4 Chapter 9 Art VI Div 1, 2, 3, 4 Chapter 9 Art VII Div 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 I 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 Page 4 FEDERAL WAY REVISED CODE Chapter 13.40 - Swimming Pools - Hot Tubs - Spas Chapter 13.45 - Moving Buildings Chapter 13.50 - Electrical Code Chapter 13.55 - Fire Code Title 14 Environmental Policy Chapter 14.05 - Environmental Policv in General Chapter 14.10 - Environmental Policv Administration Chapter 14.15 - Categorical Exemptions / Threshold Determinations Chapter 14.20 - Environmental Impact Statement Chapter 14.25 - Environmental Policy Statement Chapter 14.30 - Critical Areas 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 Exempt Activities Chapter 16.20 - Requirements Chapter 16.25 - Approval Standards Chapter 16.30 - Adjustments Chapter 16.35 - Ownership, Operation, and Maintenance Requirements Water Quality Chapter 16.45 - General Water Qualitv and Enforcement Scope. Quality of water entering streams and lakes. Quality of water entering the publiC stormwater 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 Federal Way Revised Code Comparison FEDERAL WA Y CITY CODE Chapter 5 Art VII/ Chapter 5 Art IX Chapter 5 Art X Chapter 5 Art XI Chapter 18 Art II Chapter 18 Art /I Div 1 Chapter 18 Art /I Div 2 Chapter 18 Art /I Div 3 Chapter 18 Art /I Div 4 Chapter 18 Art /I Div 5 Chapter 18 Art /I Div 6 Chapter 18 Art 11/ Div 1, 2 Chapter 18 Art 11/ Div 1, 2 Chapter 21 Chapter 21 Art I, Chapter 21 Art /I Div 1 Chapter 21 Art /I Div 5, Chapter 21 Art 11/ Div 1, 3 Chapter 21 Art /I Div 2 Chapter 21 Art /I Div 3 Chapter 21 Art /I Div 4 Chapter 21 Art /I Div 6 Chapter 21 Art 11/ Div 2 Chapter 21 Art IV Chapter 21 Art IV Div 1,4; Chapter 22 Art XII/ Div 12 partial 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 /I Div 1 Chapter 20 Art /I Div 2 Chapter 20 Art /I Div 2 Chapter 20 Art /I Div 3 Chapter 20 Art /I Div 5, 6, 7 Chapter 20 Art /I Div 8 Page 5 FEDERAL WAY REVISED CODE 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 Zonina and Development Code Administration Chapter 19.05 - Zonina and Development in General Chapter 19.10 - Enforcement Zoning citation. 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 1- 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 Reaulations 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. Federal Way Revised Code Comparison FEDERAL WA Y CITY CODE Chapter 20 Art /I Div 9 Chapter 20 Art /I Div 10 Chapter 20 Art /I Div 11 Chapter 20 Art /I Div 12 Chapter 20 Art III Chapter 20 Art IV Chapter 20 Art V Chapter 22 Chapter 22 Art I, /I Chapter 22 Art I Chapter 22 Art /I Div 5 partial FWCC 22-128 FWCC 22-129 Chapter 22 Art /I Div 1 Chapter 22 Art /I 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 IV.B Chapter 22 Art V Chapter 22 Art VI Chapter 22 Art VI/ Chapter 22 Art VIII Chapter 22 Art IX Chapter 22 Art XXI Chapter 19 Art IV Chapter 14 Art VI Chapter 19 Art /I 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 Page 6 FEDERAL WAY REVISED CODE Increases to single-story construction limits - City center core/frame. - 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. 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 Chapter 19.142 - Flood Damage Prevention 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 Zonino Reoulations 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) Chapter 19.230 - City Center-Frame (CC-F) Chapter 19.235 - Office Park (OP) Chapter 19.240 - Commercial Enterprise (CE) Chapter 19.245 - Corporate Park (CP-1) Federal Way Revised Code Comparison FEDERAL WA Y CITY CODE FWCC 22-977 Chapter 22 Art XIX Chapter 22 Art XIII Div 7 Chapter 22 Art XIII Div 4, 8 partial, 9 partial; Chapter 22 Art XVII FWCC 22-962 FWCC 22-949 FWCC 22-1131 FWCC 22-1132 FWCC 22-1133 FWCC 22-1134 FWCC 22-1111 FWCC 22-1113 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 XVIII Chapter 21 Art V 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 Chapter 22 Art XI Div 8 Chapter 22 Art XI Div 9 Chapter 22 Art XI Div 10 Chapter 22 Art XI Div 12 Page 7 FEDERAL WAY REVISED CODE 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 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 FEDERAL WA Y CITY CODE 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 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 Federal Way Revised Code Comparison K:\2008 Code Amendments\Code Re-organization\Planning Commission\Comparison Outline Phase Il.doc Page 8 EXHIBIT C TECHNICAL UPDATE FOR LAND USE ORDINANCE NO. AN ORDINANCE RELATING TO TECHNICAL CHANGES TO LAND USE REGULATIONS, ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 5, 13, 21, AND 22 OF THE FEDERAL WAY CITY CODE. WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found redundant sections and language as well as unclear sections, inaccurate sections, and other sections that could be revised for better readability and workability; and land use regulations can be simplified and consolidated; WHEREAS, certain Code provisions need to be modified to coordinate with state and county law requirements in areas of land use regulations; WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change numbering or formatting changes that occur pursuant to the reorganization of the Code and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to update its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 5, Article IV, Section 5-70, of the Federal Way City Code shall be amended to read as follows: 5-70 Construction. (a) International Building Code requirements. Five-story Type V A buildings must comply with all requirements of the International Building Code, except as modified or supplemented by this article. In the event of a conflict between the International Building Code and the provisions of this article, the provisions of this article shall control. References in this article to building construction "types" (e.g., Type I or Type V) shall have the same meaning as set forth in the International Building Code. Ord. No. , Page 1 (b) Lowest story construction requirements. The lowest story in a five-story Type VA building shall be constructed of Type V -A fire-resistive construction, except that all structural frame and load bearing elements must consist of approved, two-hour fire-resistive construction. (c) Upper four stories. The upper four stories of a five-story Type V A building shall be. constructed of at least Type V -A fire-resistive construction. (d) Use of Type V above Type I construction. Where Type V A \'.'ood frame stories are constructed over Type I construction, the Type V A stories shall be separated from the Type I stories with a horizontal assembly having a minimum three hour fire resistance rating as provided in International Building Code Section 509.2 of the 2006 Edition. (Ord. No. 01-389, S I(B), 6-5-01; Ord. No. 04-465, S 8, 10-5-04; Ord. No. 07-563 S I, 10-16-07) SECTION 2. Chapter 5, Article IV, Section 5-71, of the Federal Way City Code shall be amended to read as follows: 5-71 Occupancy. (a) Occupancy of five-story wood frame Type V A buildings shall be allowed as provided in Table 503, International Building Code, 2006 Edition, except that B, M, and R-l occupancies shall be allowed on any floor. (b) Occupancy shall have the same meaning as set forth in the 2006 Edition of the International Building Code. (Ord. No. 01-389, S I(B), 6-5-01; Ord. No. 04-465, S 8, 10-5-04; Ord. No. 07-563 ~ 1, 10-16-07) SECTION 3. Chapter 5, Article IV, Section 5-77, of the Federal Way City Code shall be amended to read as follows: 5-77 Construction inspection The following shall be required for buildings designed and constructed pursuant to this section (1) Structural observation provided by the engineer of record for structural frame elements; aRd (2) Special inspections as required in the 2006 International Building Code; as preseBHy constructed ar as hereafter ameBded. (3) All other inspections shall be in strict accordance with other applicable codes: and (4) Structural observation documents stamped by the engineer of record and all special inspection reports shall be submitted to the Federal Way building division prior to the issuance of a certificate of occupancy. SECTION 4. Chapter 5, Article V, Section 5-116, of the Federal Way City Code shall be amended to read as follows: 5-116 Plumbing code adopted The following codes all as amended added to or excepted in this chapter together with all amendments and additions provided in this title are adopted and shall be applicable within the city (I) The following chapters of the Washington Administrative Code as presently 6aBstitttted or as may be subseqaently ameBded {a}. Chapter 51-56 State Building Code Adoption and Amendment of the 2006 Edition of the Uniform Plumbing Code except Section 701.1 which is adopted without state amendment; and {b}. Chapter 51-57 State Building Code Adoption and Amendment of the 2006 Edition of the Uniform Plumbing Code Standards. Ord. No. , Page 2 (2) The 2006 Uniform Plumbing Code as presently eonstituted or as may be sHbseql:lently amended provided that in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code the state code will prevail~ Such conflicts will be reviewed and a determination issued by the building official or their designee. SECTION 5. Chapter 5, Article VII, Section 5-166, ofthe Federal Way City Code shall be amended to read as follows: 5-166 Codes adopted. The following codes, as presently eOBstitHted or as may be s1::lbseqHently amenaed, are all is adopted as amended, added to, or excepted in this ehapter, together with all amondmoBts and additioBs pro',idod in this-title, are adopted and shall be applicable within the city: (1) 2006 Edition of the International Property Maintenance Code, except Sections 111,303,307, 308, and 507 are not adopted. Ord. No. 98-320, ~ 10,9-15-98; Ord. No. 04-465, ~ 14, 10-5-04; Ord. No. 07-563 ~ 1, 10-16-07) SECTION 6. Chapter 13, Article VII, Section 13-246, of the Federal Way City Code shall be amended to read as follows: 13-246 Abuse or mutilation of vegetation prohibited. No person shall intentionally damage, destroy or mutilate any vegetation located in any public right- of-way or other public place, or attach any rope or wire (other than used to support a young or broken tree), nail, sign, poster, handbill or other item to such vegetation, or allow any gaseous liquid, or solid substance which is harmful to such vegetation to come in contact with the vegetation, or set fIre or permit any fIre to burn when such fIre or the heat thereof will injure any portion of such vegetation; provided, however, that nothing in this section shall preclude either the owner or the occupant from removing or maintaining SHeh vegetation as required in this Code by FWCC 13 242. (Ord. No. 93-187, ~ 1,9-21-93) SECTION 7. Chapter 21, Article III, Section 21-24, of the Federal Way City Code shall be amended to read as follows: 21-24 Purpose. The provisions of this article are intended to: (1) Provide standards and procedures for inspection and maintenance of stormwater facilities in Federal Way to provide for an effective, functional stormwater drainage system. (2) Authorize the Federal Way public works department to require that stormwater facilities be operated, maintained and repaired in conformance with this chapter. (3) Establish the minimum level of compliance which must be met. (4) Guide and advise all who conduct inspection and maintenance of stormwater facilities. (5) :BveBt Prevent harmful materials from leaking, spilling, draining, or being dumped into any public or private stormwater system. (Ord. No. 99-352, ~ 3, 11-16;.99) SECTION 8. Chapter 22, Article IV, Section 22-337, of the Federal Way City Code (FWRC 19.30.120) shall be amended to read as follows: 22-337 [FWRC 19.30.120], Nonconforming water quality improvements. Ord. No. , Page 3 This section sets forth the standards when and under what circumstances a structure, improvement~ ef development~ or property that does not conform to the development regulations preseribed in FWRC Title 16 (as amended) relating to water quality, or does not eonform to tho development regulations eoatained in "^~rtielo XIII, Division 12, of this ehapter (FWCC 22 1196 through 22 1220, as amended) must be brought into compliance with the development regulations in FWRC Title 16 pertaining to water quality and I\rtiele XIII, Diyision 12 of this ehapter (F'HCC 22 1196 through. 22 1229, as amended). (1) Redevelopment. Any person proposing to redevelop a structure, improvement, development or property must bring that structure, improvement, development or property into compliance with the development regulations in FWRC Title 16 pertaining to water quality and J\rtiele XIII, Division 12 of this ehapter (FWCC 22 1196 through 22 1220, as amended), where the proposed redevelopment meets or exceeds the thresholds set forth below. For the purposes of this section, "redevelop" or "redevelopment" means, on an already developed site: the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water systems; or land disturbing activities associated with impervious redevelopment. a. Redevelopment which involves the creation or addition of impervious surfaces having an area of 5,000 square feet or more; b. Redevelopment which involves the construction or replacement of a building footprint or other structure having a surface area of 5,000 square feet or more, or which involves the expansion of a building footprint or other structure by 5,000 square feet of surface area or more; c. Redevelopment which involves the repair or replacement of 5,000 square feet or more of an impervious surface, when such redevelopment is not part of a routine maintenance activity; d. Redevelopment which involves the collection and/or concentration of surface and/or stormwater runoff from a drainage area of 5,000 square feet or more; e. Redevelopment which contains or directly discharges to a floodplain, stream, lake, wetland, or closed depression, groundwater recharge area, or other water quality sensitive area determined by the public works director, based on a written map, policy, water quality monitoring data or plan in existence or implemented by the public works director prior to submission of a redevelopment application which is determined to trigger application of this subsection, or based on information developed during review of a particular redevelopment application; f. Redevelopment which involves a change in use, and the changed use has a potential to release a new pollutant(s) to surface water systems within the city. For the purposes of this subsection, "new pollutant(s)" means a pollutant that was not discharged at that location immediately prior to the change in use, as well as a pollutant that was discharged in less quantities immediately prior to the change in use; g. Redevelopment, other than normal maintenance or other than the tenant improvements, but including any increase in gross floor area, in anyone consecutive 12-month period which exceeds 50 percent of the assessed or appraised value (whichever is greater) of the structure or improvement being redeveloped. The applicant may provide an appraisal of the improvement. The appraisal must be from a source acceptable to the city. The public works director may require the applicant to provide an appraisal from a second source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If more than one appraisal is provided by the applicant or required by the city, the greater of the two amounts shall be used. For purposes of this determining value under this section, improvements required pursuant to FWCC 22-334 (nonconforming development), 22-336 (street/sidewalk improvements), 22-337 (nonconforming water quality improvements) and 22-1473 (street/sidewalk improvements) shall not be counted towards the 50 percent threshold which would trigger application of this subsection; h. Redevelopment of property which drains or discharges to a receiving water that has a documented water quality problem, as determined by the public works director based on a map, plan, Ord. No. , Page 4 water quality monitoring data or a written policy in existence or implemented by the public works director prior to submission of a redevelopment application determined to trigger application of this subsection, where the public works director determines that the redevelopment requires additional specific controls to address the documented water quality problem. (2) Timing. All improvements required by this section shall be constructed or installed concurrent with the redevelopment triggering application of this section, unless an applicant for redevelopment opts to pursue incremental construction of required improvements. In that event, the applicant shall develop and submit to the public works director a stormwater management plan detailing all of the improvements required by this section, and proceed according to the following subsections. a. Extent of construction of required water quality improvements. Where the public works director determines that incremental construction is physically feasible, the applicant shall construct that portion of the required improvements according to the following schedule: % of Redevelopment % of Water Quality Improvements o - 24 25 25 -49 50 >50 100 Where construction of 100 percent of water quality improvements is required under this subsection, the improvements may be constructed over a period extending no more than five years from the date of approval of the redevelopment. A person choosing to utilize such extended construction shall provide, prior to approval of the stormwater management plan, a performance bond and bond agreement that: I. Have a term equal to the construction schedule proposed in the plan; and 2. Comply with the applicable requirements of FWCC 22-147 through 22-175, as amended. b. Incremental construction not feasible. Where the public works director determines that incremental construction is not physically feasible, 100 percent of the required water quality improvements must be installed, concurrent with the redevelopment. c. Calculation of redevelopment value. For purposes of calculating the value of redevelopment in order to apply subsection (2)(a) of this section, the public works director shall consider the cost of the proposed redevelopment as a percentage of the assessed or appraised value (whichever is greater) of all structures on the subject property. If an appraisal is used, it must be prepared by an MAl appraiser acceptable to the city, and paid for and submitted by the applicant. d. Subsequent redevelopment. Whenever any person seeks approval for redevelopment on property for which incremental construction of required water quality improvements was previously authorized pursuant to this subsection (2), any additional water quality improvements to be required shall be determined by application of the schedule in subsection (2)(a) of this section based on the stormwater management plan prepared as part of the first request for authorization of incremental construction. If water quality requirements have changed since preparation of the initial stormwater management plan, a new plan shall be prepared detailing improvements required to comply with any existing and new requirements, and the schedule in subsection (2)(a) of this section shall also be applied to the new plan. (3) Location of water quality improvements. A person proposing redevelopment on a property or site having a Federal Way comprehensive plan designation of CC-F (City Core - Frame) or CC-C (City Core - Center) may construct water quality facilities required by this section below grade. (Ord. No. 04-468, ~ 3, 11-16-04) SECTION 9. Chapter 22, Article IV, Section 22-335, of the Federal Way City Code shall be amended to read as follows: 22-335 Nonconforming signs. (a) Purpose. In order to ease the economic impact of this Code on businesspersons with substantial investment in signs in existence on the date of adoption of this Code, or on the date of annexation if located in areas annexed to the city thereafter, this section provides for up to 10 years of continued use of Ord. No. , Page 5 a nonconforming sign in its existing state. During this period, it is expected that the sign may be amortized in its value over this 10-year time period and/or may be amortized for federal income tax purposes; provided, however, that whether a sign is amortized for tax purposes shall not affect the application of this section. (b) Definitions. A "nonconforming sign" means any sign as defined by FWCC 22-1597 which was legally in existence on the effective date of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter, but which does not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in FWCC 22-1 and 22-1597. (c) Legal nonconformance. (1) Eligibility. Any nonconforming sign located within the city limits on the date of adoption of this Code, February 28, 1990, or on the date of annexation if located in areas annexed to the city thereafter which does not conform with the provisions of this Code, is eligible for characterization as a legal nonconforming sign provided it meets the following requirements: a. The sign was covered by a sign permit on the date of adoption of this Code, if one was required under applicable law; or b. If no sign permit was required under applicable law for the sign, the sign was in all respects in compliance with applicable law on the date of adoption of this Code. (2) Allowed. All legal nonconforming signs are allowed subject to all permit requirements, the provisions covering loss of legal nonconforming status and other limitations set forth in this section. (3) Exclusions. Except for billboards, off-site signs, and roof signs, prohibited signs as defined in FWCC 22-1600 shall not be eligible for characterization as legal nonconforming signs and must be removed upon notification by the city. (d) Notice of determination. (1) Required. After the city conducts a sign inventory, the city shall analyze whether each sign complies with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code, and shall issue a notice of determination which specifies whether the sign complies or not. If a sign conforms to this chapter, it shall be issued a registration sticker. If a sign is determined to be legally nonconforming, the sign will be issued a sign inventory sticker and shall be amortized pursuant to subsection (e) of this section. Signs that do not comply with the sign regulations of Article XVIII of this chapter, Signs, or any other sections of this Code or are not eligible for characterization as legal nonconforming signs must be removed upon notification by the city. (2) Necessary information. The information associated with a sign and its sign inventory number shall consist of the name and address ofthe sign user, the sign owner, and the owner of the property upon which the sign is located, information about the sign, such as sign type, area, height, dimensions, location, a photo of the sign, and such other pertinent information as the director of 6efl'lIlNiRity develeflment may require to ensure compliance with the Code, which may include proof of the date of installation of the SIgn. (e) Amortization. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. Upon the expiration of the amortization period, the sign shall be brought into conformance with this Code, with a permit obtained, or be removed. A sign prohibited pursuant to FWCC 22-1600 may not be brought into conformance and must therefore be immediately removed upon the expiration of the amortization period. (f) Extension or exemption from amortization period. (1) Applicability. This subsection applies to any sign which is required to be removed pursuant to subsection (e) of this section following expiration of the amortization period. (2) Purpose. A sign amortization exemption or extension is a mechanism by which the city may provide relief from the effect of the sign amortization program when its enforcement would fail to Ord. No. , Page 6 noticeably improve the appearance of the neighborhood and the city and when a hardship would result from its enforcement. (3) Who may apply. The property owner or the person displaying the sign which is required to be removed pursuant to subsection ( e) of this section may apply for a sign amortization extension or exemption. (4) Decisional criteria. An application for a sign amortization exemption or extension may be approved or approved with modification if it satisfies all of the following criteria: a. The sign is compatible with the architectural design of structures on the subject property; b. The sign substantially complies with the requirements of the sign code for the land use district in which it is located. For purposes of this subsection, "substantial compliance" means that the height of the sign is within 10 percent of the sign height required by Article XVIII of this Code and that the sign area of the sign is within 20 percent of the sign area required by Article XVIII of this Code. Minor deviations from these percentages may be approved by the administrator ifhe or she concludes that the resulting sign is harmonious with the character of the primary structures on the subject property and with the signs and structures on surrounding properties; c. The enforcement of this Code would result in a substantial hardship to the applicant due to the size, shape, topography, location or surroundings of the subject property and such hardship was not created by any action of the applicant; d. The sign complies with the city's minimum sign distance at intersection requirements pursuant to FWCC 22-1151 et seq.; e. If illuminated, the sign is oriented away from residentially developed or zoned property or is adequately screened so that the source of light is not directly visible; f. It is consistent with the city's comprehensive plan; and g. It is consistent with the public health, safety and welfare. (5) Applicable procedure. Except as otherwise provided by this subsection (t), the city will process an application for a sign amortization exemption or extension through process I of this Code. (g) Loss of legal nonconforming sign status. All legal nonconforming signs shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such legal nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: (1) Structural changes. The applicant is making structural alterations or increasing the gross floor area of any structure that houses or supports the use with which the legal nonconforming sign is associated. (2) Other alterations. The applicant is making any change, alteration or performing work other than normal maintenance or other than tenant improvements, in any 12-month period, to any structure that houses or supports the use with which the legal nonconforming sign is associated and the fair market value of those changes, alterations or other work exceeds 25 percent of the assessed value of that structure as determined by the King County assessor. (3) Abandonment or business cessation. The subject property containing the sign is abandoned for 90 or more consecutive days or the activity conducted on the subject property ceases for 180 consecutive days. (4) Sign alterations. The applicant is making changes, alterations or performing any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that replacing any individual tenant's identification sign in either a center identification sign which separately identifies the tenants or in a tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation. (5) Change in use. There has been a change in use on the subject property as that term is defined by FWCC 22-1. (6) Change in tenant. There has been a change in tenant or business on the subject property. In connection with any multiuse or multi-tenant complex, the foregoing events which require that a legal nonconforming sign be either removed or brought into conformance with this Code shall apply only Ord. No. , Page 7 to the individual owner's or tenant's building-mounted or freestanding signs who has triggered the elimination of the legal nonconformance and not to the other signs located on the subject property, including any copy change in a center identification or tenant directory sign in order to include such tenant's name. (7) Expiration of amortization period. All legal nonconforming signs shall be discontinued and removed or made conforming within 10 years from the effective date of this Code, on or before February 28, 2000, or within 10 years of the effective date of annexation if located in areas annexed to the city thereafter. (h) Historic signs. Nonconforming on-site historical signs may be retained through process Uy, '^Artiele W of this Code, if the sign is determined to be of historic significance by satisfying all of the following criteria: (1) The sign is used in connection with a building which has been designated as a historic building pursuant to any federal, state or local preservation authority; (2) The subject sign or signs are substantially unchanged or unaltered since initial installation; (3) The subject sign or signs are a good example of the prevailing signage during the period in time it was installed; and (4) The subject sign or signs have been well maintained and are not materially detrimental to the public health, safety and welfare. (i) Government acquisition of property for right-of-way. (1) A sign that becomes nonconforming with respect to its setback from the edge of a public right-of-way as a result of a local, state, or federal government acquisition of property for right-of-way expansion shall be characterized as a legal nonconforming sign and shall be allowed subject to the requirements of subsection (i)(3) of this section. (2) The city may, using process I, allow the placement of a new sign or relocation of an existing sign within a required setback if it meets all of the following criteria: a. The enforcement of this Code would result in substantial hardship to the applicant because no feasible location exists to place a sign on the subject property other than in a required setback, and such hardship was created solely by local, state, or federal government acquisition of property for right- of-way expansion and not by any action of the applicant; b. The sign is not prohibited by FWCC 22-1600 and, except for location within a required setback, complies with all other requirements of FWCC 22-1596 through 22-1629; c. The sign complies with the city's minimum sight distance at intersection requirements pursuant to FWCC 22-1151 et seq.; and d. Location of the sign with a required setback is otherwise consistent with the public health, safety, and welfare. (3) Loss of legal nonconforming sign status. All nonconforming signs specified in subsections (i)(I) and (2) of this section shall be immediately removed or modified to conform to all the provisions of this chapter, and a new permit secured therefor, and such nonconforming sign shall immediately lose its legal nonconforming designation when one or more of the following events occurs: a. The applicant is making any changes, alterations, or performs any work to the legal nonconforming sign other than regular and normal maintenance. Prohibited sign alterations include relocating the sign or replacing the sign; provided, however, that any copy change in a center identification or tenant directory sign shall not result in the loss of such sign's legal nonconforming sign designation; except that a legal nonconforming sign may be relocated without losing its legal nonconforming status and eligibility for the 10-year amortization period so long as all of the following conditions are met: (i) the sign is under threat of eminent domain and the subject of a consent decree or settlement agreement executed with a local, state, or federal government; (ii) the consent decree or settlement agreement was executed and filed with the court or recorded prior to the effective date of annexation; (iii) the consent decree or settlement agreement does not compensate the owner of the sign for bringing the sign into conformance with the provisions of this chapter; (iv) the owner of the sign applies for a permit to relocate the sign within six months of the date the consent decree or settlement Ord. No. , Page 8 agreement was filed; and (v) the owner makes no changes to the sign that increase the nonconformance of the sign; or b. The applicant is making any changes, alterations, or performs work other than normal maintenance or other than tenant improvements to any structure or improvement that houses or supports the use with which the nonconforming sign is associated, and the fair market value of those changes, alterations, or other work, in anyone consecutive 12-month period, exceeds 75 percent of the assessed value of that structure or improvement, as determined by the King County assessor. The applicant may provide an appraisal of the structure or improvement. The appraisal must be from a source that is acceptable to the city. The eommHai-ty ae',elopmeHt serviees director may require the applicant to provide an appraisal from a source acceptable to the city if the assessed valuation appears to be inaccurate or inappropriate. If an appraisal acceptable to the city is provided by the applicant or required by the city, the larger of the two amounts shall be used. For purposes of determining value under this subsection, improvements required pursuant to FWCC 22-334 (nonconforming development) and/or 22-336 (street/sidewalk improvements) shall not be counted towards the 75 percent threshold, which would trigger application ofthis subsection. G) Exemption. The city may elect not to apply any provision of this section if the removal of a sign would require the city to pay compensation under any federal, state or other law, including Chapter 47.42 RCW. (Ord. No. 90-43, 9 2(165.35 (5)),2-27-90; Ord. No. 91-113,94 (165.35(5)}, 12-3-91; Ord. No. 92- 135, 93 (165.35(5)),4-21-92; Ord. No. 92-144, 93 (165.35(5)), 6-16-92; Ord. No. 95-235, 9 3, 6-6-95; Ord. No. 97-307, 9 3, 12-16-97; Ord. No. 99-357, 94, 12-7-99; Ord. No. 01-398, 9 1, 7-17-01; Ord. No. 04-468,93, 11-16-04; Ord. No. 05-486, 9 3,4-19-05) SECTION 10. Chapter 22, Article XIII, Section 22-1071, of the Federal Way City Code is hereby repealed as follows: 22 1071 Demestie animals. FWCC 22981 et seq., regarding animals ia resideHtial zoaes, shall be the regalatioas for keefliRg animals ia resideHtial zoaes permittiag home eeeHflatioRs. (Ord. No. 90 13, ~ 2(115.65(4)),22799) SECTION 11. Chapter 22, Article XIII, Section 22-1093, of the Federal Way City Code shall be amended to read as follows: 22-1093 Permitted outright. A land surface modification is permitted only if it: (1) Has been approved as part of a valid development permit (except grading permits issued under chapter 70 of the city's building code), subdivision, or substantial development permit; (2) Is for cemetery graves; (3) Is in a right-of-way and authorized in writing by the director of the department of public works; (4) Is for mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where a permit has been issued by the state department of natural resources; (5) Is for exploratory excavations under the direction of a professional engineer licensed in the state; provided, that the extent of the land surface modification does not exceed the minimum necessary to obtain the desired information; (6) Is for normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-way; (7) Is for excavations for utility service connections to serve existing and/or new structures and is outside any area that is within the jurisdiction of FWCC 22-1221 et seq.; Ord. No. , Page 9 (8) Is for actions which must be undertaken immediately, or within a time too short to allow for compliance with the permit requirements of FWCC 22-1094, to avoid an imminent threat to public health or safety; to prevent an imminent danger to public or private property; or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director of community development; (9) Is for the removal of overhanging vegetation and fire hazards or for removal of blackberry vines or dead, dangerous or diseased trees when authorized by the building official; (10) Is for placement of fill on land owned or controlled by the city; (11) Is an integral part of an ongoing agricultural or horticultural use on the subject property; (12) Is conducted on property which contains a detached dwelling unit and which, because of the size of the property or the location of the dwelling unit, cannot be further subdivided or divided; or (13) Complies with all of the following criteria: a. The subject property contains a permanent building or an active use. b. The land surface modification will not change the points where the stormwater or groundwater enters or exits the subject property; and will not change the quality, quantity, or velocity of stormwater or groundwater. c. The land surface modification is outside any area that is within the jurisdiction of FWCC 22-1221 et seq. d. In anyone-year period, not more than 100 cubic yards of fill material is deposited on, excavated and removed from or moved from place to place on the subject property. If the subject property is larger than one acre, the limit is 100 cubic yards within each acre. e. No trees defined as significant trees will be removed and no vegetation will be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or any prior zoning code. f. If the subject property is two acres or larger and has 20 percent or more of its area covered with native vegetation, the land surface modification will not remove more than 20 percent of that native vegetation. The limitations of this subsection apply to all land surface modification on the subject property over time. g. The land surface modification will not result in more than a two-foot increase or one-foot decrease in the average elevation of the subject property, computed using the elevation of the midpoint of each property line. (Ord. No. 90-43, ~ 2 (115.75(3)), 2-27-90; Ord. No. 90-77, ~ 3 (115.75(3)), 12-11-90; Ord. No. 04-468, ~ 3, 11-16-04) SECTION 12. Chapter 22, Article XIII, Section 22-1176, of the Federal Way City Code (FWRC 19.130.250) shall be amended to read as follows: 22-1176 [FWRC 19.130.250J Parking and storage of commercial vehicles in residential zones limited. Parking or storage of commercial vehicles is prohibited on residentially zoned lots except as follows: (1) A maximum of one commercial vehicle based on standard pick-up, light duty trucks, or passenger vehicles, that does not exceed a maximum of 10,000 pounds gross vehicle weight rating (GVWR as defined in RCW 46.25.010) may be parked on any residentially zoned lot; (2) A maximum of one commercial vehicle regardless of GVWR may be parked or stored on any lot in a single-family residential zone (RS 35.0) or a suburban estates zone (SE); (3) Commercial vehicles may be parked on any lot in a residential zone for a maximum of 48 hours for the exclusive purpose of loading or unloading the vehicle; (4) Commercial vehicles may be parked on any lot in a residential zone for construction purposes pursuant to a valid development permit; Ord. No. , Page 10 (5) A maximum of one commercial vehicle not more than nine feet in height and 22 feet in length may be parked on any lot if used for private construction purposes and when it is not visible from a right- of-way or access easement and not parked in the driveway; (6) f..dditioflal eKeeptiofls as o\:ltlined in FWCC 22 1179 Parking or storage as allowed by FWCC 22-1178 rFWRC 19.130.2701. Except for commercial vehicles used for loading and unloading purposes and commercial vehicles for construction purposes with a valid development permit, no more than one commercial vehicle is allowed per lot. (Ord. No. 04-457, 9 3, 2-3-04) SECTION 13. Chapter 22, Article XIII, Section 22-1177, of the Federal Way City Code (FWRC 19.130.260) shall be amended to read as follows: 22-1177 [FWRC 19.130.260] Parking and storage of recreational vehicles and boats in residential zones limited. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots except as allowed by FWCC 22 1179 FWCC 22- 1178 rFWRC 19.130.2701. (Ord. No. 04-457, 9 3, 2-3-04) SECTION 14. 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 15. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one; changes made in this ordinance are intended to be in addition to any changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. SECTION 16. 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. Ord. No. , Page 11 SECTION 17. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 18. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,2008. day of CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, 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.: K:\200S Code Amendments\Code Re-organization\Planning Commission\Technical LUTC.doc Ord. No. . Page 12 ~ ~ m ~ s ~ ..c E == -c ~ -0 0 'ii) CD -0 _e~ ~ ~ ; m o~ ~ e CD ~ -..... Q) 0.0 ..... ~ 0)- - a. J: 5 ~ "0 a. C> 0 '.o~-o .........: . ..... ~o= W::3 O~C ~ ClcEuroc Cl~5 00E ~.c-"O c 0::30 -GlGl>O III ::3>> ~ l!!::3E ~ .~ ~ 5l 0 Q3: "E Qj a.O:C e 0 ~a.~ ~~'R 5J:~& ~ ~..c 5~ ~~~~~ f!?.9~ =s~CU .~cD';~ 5> aictil......U) ~~(1)CU::J III 0 tT .!.! = E 0 Cl.c a. <;:: E ~ 0 l!! 0 O.c Gl ro Gl0Gl -.0"0- -~~Gl c a. 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Qi > 'fi Gl a. o Ul <0 ~ ~~I~I~I - I ~~~ ~ ~I~I~I~I 8 NNN o NNN a:.5~ -0 C ro M ~ .0 co '1 ;; o z "E o a; 0) o 0) ~ o ~ M ~ M (") (") o 0) 0) o z "E o ;..: q> ~ o ~ M ~ .... 0) N ...:. 0) o z "E o ~ cO ~ o ~ 6 M ~ M N N ...t 0) o z "E o M 0) o N ...t af ~ x w r:::- ~ ci I' ~ o (") 0) o z "E o~ gq ~~ No NO) oM IO~ N 0 ~~ ~"f ~~ q~ o . O)"E 00 z -eC? 0'1 -~ N l!) ~ ~ <> o -0 '" ~ ~ ~ <a <> '2 ..c: <> <> ~ I':: o .;;; '" 's e o u 0/) I':: '2 ij ~ .~ N 'ij e.o '1' ~ <> -0 o ~ C <> ~ I':: <> ~ 0\ \0 \0 N N d .9 "0 l!) 00 g l!) 01) a ..d u ";j u ] u l!) f-t <> -0 o U co o o ~ ~ EXHIBIT 0 DEFINITIONS UPDATE FOR LAND USE ORDINANCE NO. AN ORDINANCE RELATING TO LAND USE RELATED DEFINITIONAL AMENDMENTS ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 5, 11, 12, 13, 15, 16, 18, 19, 20, 21, AND 22 OF THE FEDERAL WAY CITY CODE. WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found redundant sections and language as well as unclear sections, inaccurate sections, and other sections that could be revised for better readability and workability; and definitions and related regulations can be simplified and consolidated; WHEREAS, certain Code provisions need to be modified to coordinate with state and county law requirements in areas of definitions; WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change numbering or formatting changes that occur pursuant to the reorganization of the Code and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to update its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 5, Article XI, Section 5-340 of the Federal Way City Code shall be amended to read as follows: 5-340 Definitions. The following words, terms and pluases, when esea in this diyision, shall haye the meanings aseribed to them in this section, except where the eoRteKt eleady inaieates a differeRt meaning: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Board of appeals shall mean means the hearing examiner appointed by the city persmmt to preeess I of Chapter 22 F'NCC, Zoning. Ord. No. , Page I Fire detection system shall mean means a heat afI:dIor smoke detection system monitored by a central ffilEi,Lor remote station conforming to the current requirements of the National Fire Protection Association standards andJeF-the fire chief or designee. Fire sprinkler system shall mean means an integrated system of piping connected to a water supply with sprinklers which will automatically initiate water discharge over a fire, conforming to the current requirements of the National Fire Protection Association standards andfet: the fire chief or designee. Life safety/rescue access shall mean means an unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder. or ~ }~n alternate method woula 1ge at least one stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. (Ord. No. 90-33, ~ 67,2-13-90; Ord. No. 92-127, ~ 5,2-4-92; Ord. No. 99-340, ~ 5, 5-4- 99) SECTION 2. Chapter 11, Article III, Section 11-51, of the Federal Way City Code (FWRC 4.05.010) shall be amended to read as follows: 11-51 [FWRC 4.05.010J Definitions. The felle'.ving v;ords, terms aad phrases, wRen used in this article, shall haye the meanings aserihed to them in this section, eKeeflt wRere the coRte-xt clearly indicates a different meaning: The definitions in this section apply throughout this article fchapterl unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or in FWCC 1-2 in that order. ~Director: shall mean means the ~ director of the parks~ and recreation. and Cultural Services department or a designated employee of the parks that department. ~Park: shall mean and inelude includes any all public parks, public squares, golf courses, bathing beaches~ or and. play and recreation grounds within the city limits, regardless of ownership;; and also includes any all city sports fields. or any and city leased or rented school or private property when the same are being used for recreation. (Ord. No. 91-82, 9 l(l)(B), 1-8-91; Ord. No. 01-396, 9 1, 7-3-01) SECTION 3. Chapter 12, Article I, Section 12-1, of the Federal Way City Code shall be amended to read as follows: 12-1 Definitions. The following words, terms aad phrases, when used in this eha-pter, shall have the meanings aserihed to them in this section, except where the eontext clearly indicates a diff-erent meaning: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Administrator means the official of the eity holding the office of public works director, or his or her designated representative. Ancillary disposal provider means those persons that offer delivery, maintenance or clean-up services that by their nature include a disposal function. :\neillary disposal providem must provide a legitimate service other than garbage eollection and disposal services eqHi';aleRt to those pro';ided by a eity contracted service proyider. Examples of ancillary disposal providers include, but are not limited to: businesses that deliver new appliances, carpets or other furnishings and remove and dispose of the replaced item; contractors that self-haul construction and demolition wastes that they produce during the course of their regular business activities; and clean-up services that include a container or truck loading function in addition to hauling and disposal. Cart means a city-approved wheeled plastic container that is designed for and used with a hydraulic lifting mechanism, with 35, 64 or 96 gallons of capacity; weighing not over 35 pounds when empty or 50 Ord. No. , Page 2 pounds per 32-gallon capacity when full; fitted with a sturdy handle and a cover; rodent and insect resistant; and capable of holding collected liquids without spilling when in an upright position. City means the city ofPederal Way, located in King County, Washington. Commercial customer means a nonresidential customer, including but not limited to businesses, institutions and governmental agencies and all other similar users of nonresidential garbage collection services. Curb or curbside means on the homeowners' property, within five feet of the public street without blocking sidewalks, driveways or on-street parking. If extraordinary circumstances preclude such a location, curbside shall be considered a placement suitable to the resident, convenient to the service provider's equipment, and mutually agreed to by the city and service provider. Detachable container means a watertight metal or plastic container equipped with a tight-fitting cover, capable of being mechanically unloaded into a collection vehicle, and which is not less than one cubic yard nor greater than eight cubic yards in capacity. Drop-box container means an all-metal container with 10 cubic yards or more capacity that is loaded onto a specialized collection vehicle, transported to a disposal or recycling site, emptied and capable of then being transported back to the customer's site. Extra unit means an additional quantity of garbage or yard debris set out next to the customer's regular garbage or yard debris container. In the case of can or cart garbage service, an extra unit shall be the equivalent of 32 gallons of material. In the case of cart yard debris service, an extra unit shall equal 96 gallons of material and not more than 65 pounds of material. In the case of detachable container garbage or yard debris service, an extra unit shall be the equivalent of one cubic yard of material. Garbage means all putrescible and nonputrescible solid and semi-solid wastes, including, but not limited to, rubbish, ashes, industrial wastes, swill and discarded commodities and non-source-separated construction/demolition materials that are placed by customers of the service provider in appropriate bins, bags, cans or other receptacles for collection and disposal by the service provider. The term garbage shall not include hazardous wastes, source-:separated materials, recyclables or yard debris. Garbage can means a city-approved watertight galvanized sheet metal or plastic container not exceeding four cubic feet or 32 gallons in capacity; weighing not over 15 pounds when empty or 50 pounds when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped with a handle. Hazardous waste means any substance that is: (1) Defined as hazardous by 40 CFR Part 261 and regulated as hazardous waste by the United States Environmental Protection Agency under Subtitle C of the Resource Conservation and Recovery Act (RCRA) of 1976,42 USC 6901 et seq., as amended by the Hazardous and Solid Waste Amendments (HSWA) of 1984; the Toxic Substances Control Act, 15 USC 2601 et seq.; or any other federal statute or regulation governing the treatment, storage, handling or disposal of waste imposing special handling or disposal requirements similar to those required by Subtitle C ofRCRA; or (2) Defined as dangerous or extremely hazardous by Chapter 173-303 WAC and regulated as dangerous waste or extremely hazardous waste by the Washington State Department of Ecology under the State Hazardous Waste Management Act, Chapter 70.105 RCW, or any other Washington State statute or regulation governing the treatment, storage, handling or disposal of wastes and imposing special handling requirements similar to those required by Chapter 70.105 RCW; (3) Any substanee that after the eff-eetive date of the emmaet with the serviee provider eomes 'uithin the seope of this definition as determined by the cil)'. Likewise, any Sl:lBstance that after the effective date of the eontract '.vith the serviee provider ceases to fall within this definitien as determiBed by the eity shall Bot be deem.ed to be hazardol:ls waste. Uncontaminated waste motor oil put out for collection by residential customers for recycling is not shall Bot be deem.ed to be hazardous waste. King County Disposal System means the areas owned, leased or controlled by the King County Solid Waste Division, King County, Washington (per the County lnterlocal Agreement) for the disposal of garbage, or such other site as may be authorized by the King County Comprehensive Solid Waste Management Plan and approved by the city. Ord. No. , Page 3 Micro-can means a watertight galvanized sheet-metal or plastic container not exceeding 10 gallons in capacity or 15 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped with a handle. Mini-can means a watertight galvanized sheet-metal or plastic container not exceeding 20 gallons in capacity or 30 pounds in weight when full; fitted with two sturdy handles, one on each side; and fitted with a tight cover equipped with a handle. Multifamily residence means a multiple-unit residence with five or more attached units serviced by a common solid waste storage container. Person means a person, firm, partBership, assoeiation, iBstimtion or eorperation. The term shall also mean the oeeupaRt andl{)r the OVlfl.er of an)' premises for vAiich serviee meBtioneel in this ehaJ*er is reBderea, or eligible or eBtitled to be servea. Private drive means a privately owned or maintained way serving fewer than four residences; or serving less than one residence for every 100 yards in distance. Private road means a privately owned and maintained way that allows for access by a service truck and which serves four or more residences. PusHe street means a public wa)' usee f-or fl\:lblie travel, inelueing fluS lie alleys. Recyclables means any of the following when generated by a single-family or multifamily residential customer: aluminum cans; corrugated cardboard; glass containers, mixed waste paper; waste motor oil; newspaper; recyclable plastic containers that have contained nonhazardous products; poly-coated cartons; scrap metals not exceeding two feet in any direction and 35 pounds in weight per piece; tin cans; and such other materials that the city determines to be recyclable. Recycling bin means a service provider-provided 20-gallon container suitable for single-family residential collection, storage, and curbside placement of the nonpaper portion of source-separated recyclables. Recycling cart means a service provider-provided 35-, 64- or 96-gallon cart suitable for residential collection, storage and curbside placement of the paper fiber portion of source-separated recyclables. Recycling carts may also be used for the collection of the n6npaper fiber portion of source-separated recyclables by multifamily residences. Recycling container means a set consisting of: (1) One recycling bin and one recycling cart for single-family residences; (2) Three stacking recycling baskets distributed to single-family residential customers under a previous service provider's collection contract; or (3) Recycling carts or detachable containers for multifamily residences. Residence and residential means living space(s) individually rented, leased or owned. Service provider or service providers means that entity or entities holding a valid contract or franchise with the city to collect solid waste. Single-family residence means all one-unit houses, duplexes, triplexes, fourplexes located on a public street or private road and mobile homes with individually billed collection. Residences located in an area that does not allow safe access, turn-around or clearance for service vehicles, or on a private drive will be provided service if materials are set out adjacent to a public street or private road. Solid waste means garbage, recyclables and yard debris. Source-separated means certain reclaimable materials that are separated from garbage by the generator for recycling or reuse, including, but not limited to paper fibers, metals, glass, plastics, organics and other materials. WUTC means the Washington Utilities and Transportation Commission. Yard debris means leaves, grass and clippings of woody and fleshy plants, as well as other source- separated organic materials compatible with the collection system and acceptable to the service provider's processing facility. Unflocked, undecorated Christmas trees are acceptable as yard debris if cut to size. Materials larger than four inches in diameter or four feet in length are excluded. Yard debris that is contaminated or mixed with garbage or hazardous waste is also excluded. Ord. No. , Page 4 Yard debris cart means a 96-gallon container provided to all subscribing single-family residences, multifamily residences and commercial customers for the purpose of containing and collecting yard debris. (Ord. No. 91-124, S 2,12-17-91; Ord. No. 93-167, S 2, 3-16-93; Ord. No. 02-411, S 1, 1-2-02) SECTION 4. Chapter 12, Article III, Section 12-52, of the Federal Way City Code shall be amended to read as follows: 12-52 Authorized service providers. The collection of, disposal of and billing for garbage generated within the corporate limits of the city shall be accomplished by service providers under written service agreement or franchise pursuant to ordinances of the city. Only such service providers that have a current service agreement or franchise with the city are authorized to collect garbage from within the incorporated city limits and to haul garbage through the streets of the city; however, ancillary disposal providers shall be allowed to collect, haul and dispose of garbage that is generated during the course of their regular business activities. Ancillary disposal providers must provide a legitimate service other than garbage collection and disposal services equivalent to those provided by a city-contracted service provider. (Ord. No. 91-124, S 3(A), 12-17-91; Ord. No. 93- 167, S 3(A), 3-16-93; Ord. No. 02-411, S 27, 1-2-02) SECTION 5. A new section is added to Chapter 13, Article I, of the Federal Way City Code (FWRC 4.03.010) to read as follows: 13-1 rFWRC 4.03.0101 Definitions The definitions in this section apply throughout this Title unless otherwise provided or the context clearlv requires otherwise. Terms not defined here are defined according to FWCC 1-2. Abutting property means all property having a frontage upon the sides or margins of any public right- of-way. Activity means parades. runs. walks. processions. marches. races. block parties. demonstrations. exhibitions. rallies. and other similar short-term private uses of public right-of-way which do not involve the significant physical disturbance of the public right-of-way. Block party means an event that includes the closure of a dead-end public street. City building means any building or portion thereof. owned or leased by the city and includes all areas of a building owned or leased by the city in its entirety. including but not limited to elevators. restrooms. waiting areas. hallways. lobbies. reception areas. council chambers. lunchrooms and employee offices. Director means. unless otherwise indicated. the director of the City's public works department or his or her designee. including any person contracted withlby the city to perform required reviews and services on behalf of the city. Emergency means a condition of imminent danger to the health. safety. and welfare of property or persons located within the city including. without limitation. fallen branches or fallen trees within public rights-of-way. or damage to vegetation from natural consequences. such as storms. earthquakes. riots or wars. Extended right-of-way use permit means a permit authorizing the use of the city right-of-way for a designated purpose and for a period of time exceeding one year in duration. Limited right-of-way use permit means a permit authorizing the use of the city right-of-way for a designated purpose and for a period of time limited to one year or less. Occupant means a person who is occupving. controlling or possessing real property. including an agent or representative thereof. Owner means a person who has legal or equitable title to real property. the owners of any fee title. mortgagors. and contract vendees. and including an agent or representative thereof. Ord. No. , Page 5 Smoke or smoking means the carrying or smoking of anv kind of lighted pipe, cigar, cigarette or any other lighted smoking equipment. COrd. No. 90-36, & 1. 2-20-90) Removal means the act of cutting down or removing any vegetation, or causing the effective removal through damaging, poisoning or other direct or indirect actions resulting in the death of vegetation. Replacement vegetation means vegetation of equal species, size, quality and number to that which has been removed in conformance with the right-of-way vegetation plan. Right-of-way vegetation plan means the plan adopted bv the city containing the standards and specifications which prescribe the vegetation to be planted, maintained, preserved. or replaced within the city's public rights-of-way, the methods for planting, trimming, pruning and other maintenance activities, and the overall planting plan for the city. Street trees means anv trees located on any street or public right-of-way. Topping means the severe cutting of the top of a street tree resulting in stubs beyond the branch collar in the crown or severe cutting which removes a substantial portion of the normal canopy, disfigures the street tree, and reduces the height. Vegetation means all trees, plants. shrubs, groundcover, grass, and other vegetation. SECTION 6. Chapter 13, Article II, Section 13-26, of the Federal Way City Code is hereby repealed as follows: 13 16 Definitions. The followiRg werds, terms aHa phrases, \-"HeR lised iR this article, shall have the meaHiags ascriBea to them iR this seetioR, except vAtere the context elearly iRdieates a aiffercm meaHiRg:~ Direetor of pliBlie works shall iaeluae afty perseR eoBtraetea witWer the eity te perform the feftHirea n.wiev,'s aHa services OR Behalf ofthe city. E-xteRaea right of 'Nay I::lse permit shall meaH a permit aathoriziRg the I::lse of the eity right of way fer a desige.atea purpose afld fer a period of time 6*.eeediRg oae year in dHfation. Limited right of way I::lse permit shall meaR a permit aHthoriziRg the lise of the eity right of way f-or a desige.ated purpose and for a period of time limited to ORe year or less. (Ora. No. 99 50, ~ 1,4 3 99) SECTION 7. Chapter 13, Article III, Section 13-71, of the Federal Way City Code is hereby repealed as follows: 13 71 Definitioas. The follo.....iRg words, terms afld phrases, ,,,heR used iR this diyisioR, shall have the meanings aseribed to them iR this section, exeept where the eontext clearly iaaieates a aiffereRt meaniag: City building shall meaR aHJ Bliilding or portion thereof, o',\.'Red er leased BY the eity aHa incllides all areas of a buildiag oV/fled or lease a BY the city iR its emiret)', iRcluding bHt not limited to ele'latol's, restrooms, waiting areas, hallways, lobbies, reeeption areas, council chamBers, h:lflchrooms afld efRployee effiees. Smoke or smoking shall meaR the carrying or smoking of any kind of lightea pipe, eigar, eigarette er aHJ other lighted smoking equipmem. (Ord. We. 90 36, ~ 1,229 90) SECTION 8. Chapter 13, Article IV, Section 13-91, of the Federal Way City Code is hereby repealed as follows: 13 91 Definitions. The followiRg words, terms aHd pm-ases, vAten used in this article, shall have the meaRings aseribed to them in this sectioR, exeept where the eoBtext clearly inaieates a differem meaRing: The aefiRitiens iR this Ord. No. , Page 6 section apply throughout this article aHless the context elearly reE}uires otherwise. Terms not defined here are defined according to FWCC 1 2. "Ovlfler of an interest in !IDY-real estate" means the owners of any fee title, mortgagors~ and eontraet ';endees. (Ord. No. 91 107, ~ 1(13.1),93 91) SECTION 9. Chapter 13, Article V, Section 13-121, of the Federal Way City Code is hereby repealed as follows: 1J 121 Defioitioos. The follov.ing words, terms aRd flhrases, when ased iH this artiele, shall have the meaRings ascriBed to them in this section, exeept '.vhere the eontext elearly indieates a different mellfling: The definitions in this section apflly throagfl.out this artiele anless the conte~.t dearly re€J.uires otherwise. Terms not defined here are defined according to FWCC 1 2. "^1cti',ity' means flafades, runs, ';/alks, flrocessions, marches, Faces, Block flarties, demenstFatiens, exhibitions, rallies, llfld other similar short term flriyate uses of public right ef way '.yhich do Hot invoh<e the significllflt physical disturbllflce of the flHBlie right of '.Yay. 'Block party' mellflS aR eveftt that ineludes the closlife of a dead end fluBtic street. SECTION 10. Chapter 13, Article VI, Section 13-161, of the Federal Way City Code shall be amended to read as follows: 13-161 Definitions. For the purpose ofthis article llfld anless the centext plainly requires otherwise, the following terms shall have the follo'.ving mellflings: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or in FWCC 1-2 in that order. (1) '^1Butting property mellflS all flTElflerty having a frontage upon the sides Elr margins of any pUBtil<) right of way. (2) Curb mellflS a cement, concrete or asphaltie concrete raised struet1:lre designed tEl delineate the edge ef the street and to separate the yehicular portion from that provided for pedestrians. (3) City meaRS the city of Federal Way, a WashingtoH municipal aorporatioH. ( 1) City council means the city of F eaeFal Way COl:lflcil aating in its official aapacity. (5) Director meaRS the directElr of the city of Federal 'Nay pUBlic works deflartment or his or her designee. (6) FWCC mellflS the Federal Way City Code adopted 13)' the city council. f7:) ~Maintenance: means the removal and disposal of debris, litter, vegetation, snow and ice from sidewalks. (8) Oceapant means a person '.ffio is Elel:mpying, controlling or flossessing Teal proflerty, or his or her agent or representatiye. (9) O'Nner means a flerson who has legal or equitable title to real property, or his Elr her agent or representatiye. (10) Person means a person, firm, associatiEln, partnershifl, eorporatioB or indi',iaual. (11) Public right ofv:ay means the land owned, dedicated or eon'/eyed to the pUBlic Elr a unit of go','emment, providing f-or the mo',ement of "ehides, wheelehair and pedestrian traffic, aeeess to abattiBg property, the location of utility liBes, dri'/eways, appurtenances llfld other faeilities benefitting the flablic. (12) Sidev/alk meaRS all hard surfaced \\'alkways ',vithin public rights of way in the area betv/een the street margin and the roadway, including driyeways. (13) Street mellflS llfl-Y street, road, boulevard, a"enue, alley, lllfle, way or plaee, or any floftion thereof. (Ord. No. 93-188, S 1,9-21-93) Ord. No. , Page 7 SECTION 11. Chapter 13, Article VII, Section 13-202, of the Federal Way City Code shall be amended to read as follows: 13-202 Definitions. For the parpose of this article aRd anless the eontext plain~y requires otherwise, the follo'.ving terms shall haye the folh:l'.ving meaRings: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWRC 4.03.010 or in FWCC 1-2 in that order. . (I) .^1butting property meaRS all property haviRg a froBtage apon the sides or margins of aH)' pablie right of way. (2) '^1pplieaRt 1fl:eaRS aH)' person filing a right of '.vay permit applieation. (3) City meaRS the eity of Federal Way, a WashiBgtoR munieipal eaffJoration. ( 1) City eoaRcil meaRS the eity of Federal 'Hay e01:ll'l:eil aeting in its amcial eapaeity. (5) Curb means a eement, eORerete or asphakie eoacrete raised stmemre desigaed to deliBeate the edge af the street aRd ta separate the 'lehiel:dar area of the pHblie right of way from the af0a pra./ided fer pedestriaRs. (6) Director meaRS the direetar oftbe city's public works depattmeBt ar his ar her Elesigaee. (7) Emergeney meaRS a cORdition of immiaeBt daRger to the health, safety, and \velfare af property or persoRs loeated withiR the city iae!uding, without limitatian, fallen braRehes or falleR trees withiR pl::lhlic rights of 'Nay, or damage to vegetatioR from RatHral eORseqaeRees, sueh as storms, earthquakes, riots ar waf!r. (8) FWCC meaRS the Federal Way City Code adopted by the eit)' eOHfleil. (9) ~Maintain or maintenance: means mowing, trimming, pruning (but not including topping or tree removal), edging, root control, cultivation, reseeding, fertilization, spraying, control of pests, insects and rodents by nontoxic methods whenever possible, watering, weed removal, and other actions necessary to assure normal plant growth, performed in accordance with the standards of the right-of-way vegetation plan. . (10) Oeeupant meaRS a person 'Nfl€> is oeeapyilig, eontrolliRg or possessiRg real property, ar his or her ageBt or represeBtati'/e. (11) O'.vner means a persaR ...:ho has legal or elfl:litable title to real property, ar his or her ageBt or representative. (12) PersoR meaRS a persoR, firm, assoeiatioR, partRership, eorporatioR or iRdividual. (13) Public right of '.vay meaRS the laRd O'.YRed, dedicated or eORveyed to the pHblic or a liRit of go"emment, providiRg for the movemeBt of "ehicles, '.vheelehair aRd pedestriaR trame, aeeess ta abutting property, the 10catioR of utility liRes, appurteRances aRd other faeilities beReflttiRg the pHblie. (11) Removal meaRS the act of cuttiRg dovt'R ar removiRg aRY vegetatioR, or eausiRg the effeetive removal through ElamagiRg, poisoRing or other direet or indireet actions resulting in the death af '/egetatiaR. (15) Replacement vegetatioR meaRS vegetatioR of equal species, size, qaality and number ta that whieh has beeR removed iR eoftformaRce with the right of ',Vay '/egetatioR plaR. (16) Right of way vegetatioR plaR meaRS the plan adopted by the city eaBtaiRiRg the staRdards and speciflcatioRs which prescribe the vegetatioR to be plaRted, maintained, preserved, or replaced withiR the city's publie rights of '.vay, the methods for plaRting, trimming, pruRing aRd other maintenaRee aeti'/ities, aRd the overall plantiRg plan for the city. (17) Sidewalk means that property betweeR the eurb and the abuttiRg profleft)', set aside aRd intended for the primary use of pedestriaRs but may iaclude mixed uses such as pedestriaRs aRd bieyelists, imflro'/ed by paving with eement eoncrete or asphaltie eoncrete, iReluding all driveways. (18) Street meaRS any street, road, boulevard, alley, laRe, ',yay or place, or aft)' portioR thereof. (19) Street trees means any trees located Oft afty street or puelie right of way. Ord. No. , Page 8 (20) Topping means the severe OHtting of the top of a street tree resl:llting in stubs beyonG the bnmeh collar in the cro'Nn or seyere cutting which removes a sabstantial portion of the normal eanol3Y, disfigures the street tree, and reduoes the height. (21) Vegetation means all trees, plants, shrubs, groundoover, grass, and other vegetation. (Ord. No. 93- 187, ~ 1,9-21-93) SECTION 12. Chapter 15, Article VII, Section 15-200, of the Federal Way City Code shall be amended to read as follows: 15-200 Definitions. For the purpose ef this article and unless the eontext clearly reEluires otherwise, the rellewing term.s ha'/e the follo'.ving meanings: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. (1) Affected employee means a full-time employee who is scheduled to begin his or her regular work day at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays per week for at least 12 continuous months. For the purposes of this article, shareholders, principles and associates in a corporation, partners (general or limited) in a partnership and participants in a joint venture are to be considered employees. (2) Affected employer means a public or private employer that, for 12 continuous months, employs 100 or more full-time employees at a single worksite who are scheduled to begin their regular work day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays. The individual employees may vary during the year. Construction worksites, when the expected duration of the construction is less than two years, are excluded from this definition. (3) Alternative mode means any type of commute transportation other than that in which the single- occupant motor vehicle is the dominant mode, including telecommuting and compressed work weeks if they result in reducing commute trips. (1) Alternative work schedules means programs such as compressed work weeks that eliminate work trips for affected employees. (5) Base year means the period from January 1, 1992, through December 31, 1992, on which goals for vehicle miles traveled (VMT) per employee and proportion of single-occupant vehicle (SOV) trips shall be based. (6) City means the eity of Federal Way. (7) Commute trips means trips made from a worker's home to a worksite with a regularly scheduled arrival time of6:00 a.m. to 9:00 a.m. (inclusive) on weekdays. (8) CTR plan means the city of Federal Way's plan as set forth in this article to regulate and administer the CTR programs of affected employers within its jurisdiction. (9) CTR program means an employer's strategies to reduce affected employees' SOY use and VMT per employee. (10) CTR zone means an area, such as a census tract or combination of census tracts, within the city of Federal Way characterized by similar employment density, population density, level of transit service, parking availability, access to high occupancy vehicle facilities, and other factors that are determined to affect the level of SOY commuting. (11) Compressed work week means an alternative work schedule, in accordance with employer policy, that regularly allows a full-time employee to eliminate at least one work day every two weeks by working longer hours during the remaining days, resulting in fewer commute trips by the employee. This definition is primarily intended to include weekly and bi-weekly arrangements, the most typical being four 10-hour days or 80 hours in nine days, but may also include other arrangements. Compressed work weeks are understood to be an ongoing arrangement. (12) Dominant mode means the mode of travel used for the greatest distance of a commute trip. Ord. No. , Page 9 (13) Employee means anyone who receives financial or other remuneration in exchange for work provided to an employer, including owners or partners of the employer. (11) Employer means a sole proprietorship, partnership, corporation, unincorporated association, cooperative, joint venture, agency, department, district or other individual or entity, whether public, nonprofit, or private, that employs workers. (15) Flex-time is an employer policy allowing individual employees some flexibility in choosing the time, but not the number, of their working hours to facilitate the use of alternative modes. (16) Full-time employee means a person other than an independent contractor, scheduled to be employed on a continuous basis for 52 weeks per year for an average of at least 35 hours per week. (17) Good faith effort means that an employer has met the minimum requirements identified in RCW 70.94.531 and this ordinance and is working collaboratively with the city to continue its existing CTR program or is developing and implementing program modifications likely to result in improvements to its CTR program over an agreed upon length of time. (18) Implementation means active pursuit by an employer of the CTR goals of RCW 70.94.521 through 70.94.551 and this article as evidenced by appointment of a transportation coordinator, distribution of information to employees regarding alternatives to SOY commuting, and commencement of other measures according to their CTR program and schedule. (19) Mode means the type of transportation used by employees, such as single-occupant motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, and walking. (20) Peak period means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. (21) Peak period trip means any employee trip that delivers the employee to begin his or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except legal holidays. (22) Proportion of single-occupant vehicle trips or SOY rate means the number of commute trips over a set period made by affected employees in SOVs divided by the number of affected employees working during that period. (23) Single-occupant vehicle (SOV) means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. (24) Single-occupant vehicle (SOV) trips means trips made by affected employees in SOVs. (25) Single worksite means a building or group of buildings on physically contiguous parcels of land or on parcels separated solely by private or public roadways or rights-of-way occupied by. one or more affected employers. (26) Telecommuting means the use of telephones, computers, or other similar technology to permit an employee to work from home, eliminating a commute trip, or to work from a work place closer to home, reducing the distance traveled in a commute trip by at least half. (27) Transportation demand management (TDM) means a broad range of strategies that are primarily intended to reduce and reshape demand on the transportation system. (28) Transportation Management Association (TMA) means a group of employers or an association representing a group of employers in a defined geographic area. A TMA may represent employers within specific city limits, or may have a sphere of influence that extends beyond city limits. (29) Vehicle miles traveled (VMT) per employee means the sum of the individual vehicle commute trip lengths in miles made by affected employees over a set period divided by the number of affected employees during that period. (30) Waiver means an exemption from CTR program requirements granted to an employer by the city based on unique conditions that apply to the employer or employment site. (31 ) Week means a seven-day calendar period, starting on Monday and continuing through Sunday. (32) Weekday means any day of the week except Saturday or Sunday. (Ord. No. 93-164, ~ 1(18.30.000),1-19-93; Ord. No. 98-313, ~ lA., 4-21-98) Ord. No. , Page 10 SECTION 13. Chapter 51, Article VIII, Section 15-220, of the Federal Way City Code shall be amended to read as follows: 15-220 Definitions. The following words, terms, aHd phfases, '.vhen used in this ehaflter, shall have the meaHings aseribed to them in this seetion, exeept \vhere the eoBtext dearly indieates a differeat meaning: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. 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 police department of pub lie safety. Director means the director of the Federal Way police department ofpHhlie safety. DWLS 1 means RCW 46.20.342(1)(a) or as hereafter amended. DWLS 2 means RCW 46.20.342(1 )(b) ar as herea-fier amended. DWLS 3 means RCW 46.20.342(1)(c) ar 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. NVOL/No valid operator's license means RCW 46.20.005 or as hereafter ameaded. 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 tOVI tmek operators shall hold a valid eit)' of Federal Way bHsiness lieense and be registered 'lIith the state of Washiagton plH'sHaBt to Chaflter 46.55 R-CW. (Ord. No. 01- SECTION 14. Chapter 15, Article VIII, Section 15-228, of the Federal Way City Code shall be amended to read as follows: 15-228 Registered tow truck operators- Contracts, requirements. (a) The city manager is authorized to seek a towing company or companies for one or more contracts to be a city registered tow truck operator to perform towing and impounds pursuant to this chapter. Award of any such contract or contracts shall be consistent with the city's adopted purchasing policies and applicable state and local laws and policies, and be approved by the city manager or the city council, as applicable. 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. (b) If the city manager determines not to enter into a contract for registered tow truck operator services, the city manager may authorize the director to have any tow truck operator registered with the state of Washington perform towing and impounds pursuant to this chapter. (c) A registered tow truck operator shall conduct any auction of vehicles impounded pursuant to this chapter in accordance with RCW 46.55.130, as now or hereafter amended. In addition, prior to closing any sale of an auctioned, impounded vehicle or transferring title thereto, the registered tow truck operator shall release the vehicle to an individual possessing a valid Washington driver's license or a valid driver's license from another state. (d) Records. Ord. No. , Page 11 (l) With respect to any sale at auction of a vehicle impounded under this chapter, all registered tow truck operators shall record the date of sale, the vehicle identification number of each vehicle, the name, address and telephone number of the registered owner of the impounded vehicle being auctioned, as well as the name, address, driver's license number and date of driver's license expiration of each buyer. Said record shall be submitted to the director on or before December 31 st of each calendar year. (2) A registered tow truck operator shall maintain copies of all records of all sales required pursuant to this chapter, for at least six years, and such records shall be open at all reasonable times to the inspection of the designated official, or his or her duly authorized designees for inspection. (Ord. No. 01- 393, S 1,6-19-01; Ord. No. 03-456, S 3, 12-2-03) SECTION 15. Chapter 16, Article III, Section 16-76, of the Federal Way City Code shall be amended to read as follows: 16-76 Definitions. The fellowiRg words, terms aRd pm-ases, whea 1:lsea iR this artiele, shallhaye the meaaiRgs aserihed to them ia this seetioa, exeept \'Aiere the eefltext dearly iadieates a differeRt meaaiag: The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Basin plan means shall mean the plan and all implementing regulations and procedures including but not limited to land use management adopted by ordinance for managing surface and stormwater management facilities and features within individual drainage basins. Developed parcel means shall meaR any parcel altered from the natural state by the construction, creation or addition of impervious surfaces. Impervious surface means shall meaB a hard surface area which either prevents or retards the entry of water into the soil mantle as it entered under natural conditions preexistent to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions preexistent to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials and oiled, macadam or other surfaces which similarly impede the natural infiltration of surface water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces for the purpose of this article. Land use code means shall mean the type of development on a specific parcel of land as identified by records maintained by the city as modified or supplemented by information resulting from investigation by the surface water management division. Land use codes are preliminary indicators of the extent of impervious surface and are used in the initial analysis to assign an appropriate rate category for a specific parcel. "Service station," "single-family home" and "shopping center" are examples ofland use codes. Maintenance means shall meaB the act or process of cleaning, repairing or preserving a system, unit, facility, structure or piece of equipment. Open space means shall mean any parcel, property or portion thereof classified for current use taxation under the provisions of Chapter 84.34 RCW, or for which the development rights have been sold to the county under the provisions of the King County Code chapter 26.04. This definition includes lands which have been classified as open space, agricultural or timber lands under criteria contained in Chapter 84.34 RCW. Parcel means shall meaR the smallest separately segregated unit or plot of land having an identified owner, boundaries and surface area which is documented for property tax purposes and given a tax lot number by the county assessor. Rate category means shall meaB the classification in this article given to a parcel in the service area based upon the type of land use on the parcel and the percentage of impervious surface area contained on the parcel. . Ord. No. , Page 12 Residence means shall mean a building or structure or portion thereof, designed for and used to provide a place of abode for human beings. The term "residence" includes the term "residential" or "residential unit" as referring to the type of or intended use of a building or structure. Residential parcel means shall mean any parcel which contains no more than three residences or three residential units which are within a single structure and is used primarily for residential purposes. Retention/detention facilities means shall mean facilities designed either to hold runoff for a short period of time and then release it to the natural watercourse or to hold water for a considerable length of time and disperse it by evaporation, plant absorption or infiltration into the ground. Service area means shall mean the area described in exhibit A made a part of this article and on file in the office of the city clerk. Stormwater control facilities means shall m.ean any facility improvement, development, property or interest therein, made, constructed or acquired for the purpose of controlling or protecting life or property from any storm, waste, flood or surplus waters. Surface and stormwater management system means shall mean the system comprised of stormwater control facilities and any other natural features which store, control, treat and/or convey surface and stormwater. Undeveloped parcel means shall m.ean any parcel which has not been altered from its natural state by the construction, creation, or addition of impervious surfaces. (Ord. No. 90-32, ~ 1,2-13-90) SECTION 16. Chapter 18, Article II, Section 18-27, of the Federal Way City Code shall be amended to read as follows: 18-27 Adoption by reference. The eity adopts by refereDee The following provisions of the , as DO'.'/ existiDg €IT ameDded, the basie reqliiremems of the Washington Administrative Code are adopted bv reference: applyiDg te the State EaviTonmeatal Poliey Aet proeess as folley/s: (1) 197-11-040, Definitions. (2) 197-11-050, Lead agency. (3) 197-11-055, Timing of the State Environmental Policy Act process. (4) 197-11-060, Content of environmental review. (5) 197-11-070, Limitations on action during State Environmental Policy Act process. (6) 197-11-080, Incomplete or unavailable information. (7) 197-11-090, Supporting documents. (8) 197-11-100, Information required of applicants. (9) 197-11-158, GMA project review - Reliance on existing plans, laws, and regulations. (10) 197-11-164, Planned actions - Definition and criteria. (11) 197-11-168, Ordinances or resolutions designating planned actions - Procedures for adoption. (12) 197-11-172, Planned actions - Project review. (13) 197-11-210, SEPAlGMA integration. (14) 197-11-220, SEPAlGMA definitions. (15) 197-11-228, Overall SEPAlGMA integration procedures. (16) 197-11-230, Timing of an integrated GMAlSEPA process. (17) 197-11-232, SEP AlGMA integration procedures for preliminary planning, environmental analysis, and expanded scoping. (18) 197-11-235, Documents. (19) 197-11-238, Monitoring. (20) 197-11-700, Definitions. (21) 197-11-702, Act. (22) 197-11-704, Action. (23) 197-11-706, Addendum. Ord. No. , Page 13 (24) 197-11-708. Adoption. (25) 197-11-710. Affected tribe. (26) 197-11-712. Affecting. (27) 197-11-714. Agency. (28) 197-11-716. Applicant. (29) 197-11-718. Built environment. (30) 197-11-720. Categorical exemption. (31) 197-11-72 L Closed record appeal. (32) 197-11-722. Consolidated appeal. (33) 197-11-724. Consulted agency. (34) 197-11-726. Cost-benefit analysis. (35) 197-11-728. County/city. (36) 197-11-730. Decision maker. (37) 197-11-732. Department. (38) 197-11-734. Determination of nonsignificance. (39) 197-11-736. Determination of significance. (40) 197-11-738. Environmental impact statement. (41) 197-11-740. Environment. (42) 197-11-742. Environmental checklist. (43) 197-11-744. Environmental document. (44) 197-11-746. Environmental review. (45) 197-11-750. Expanded scoping. (46) 197-11-752. Impacts. (47) 197-11-754. Incorporation by reference. (48) 197-11-756. Lands covered by water. (49) 197-11-758. Lead agency. (50) 197-11-760. License. (51) 197-11-762. Local agency. (52) 197-11-764. Maior action. (53) 197-11-766. Mitigated determination of nonsignificance. (54) 197-11-768. Mitigation. (55) 197-11-770. Natural environment. (56) 197-11-772. National Environmental Protection Agency. (57) 197-11-774. Nonproiect. (58) 197-11-775. Open record hearing. (59) 197-11-776. Phased review. (60) 197-11-778. Preparation. (61) 197-11-780. Private proiect. (62) 197-11-782. Probable. (63) 197-11-784. Proposal. (64) 197-11-786~ Reasonable alternative. (65) 197-11-788. Responsible official. (66) 197-11-790. State Environmental Policy Act. (67) 197-11-792. Scope. (68) 197-11-793. Scoping. (69) 197-11-794. Significant. (70) 197-11-796. State agency. (71) 197-11-797. Threshold determination. (72) 197-11-799. Underlying governmental action. (Ord. No. 90-40, S 1(20.20), 2-27-90; Ord. No. 04-468, S 3, 11-16-04) Ord. No. , Page 14 SECTION 17. Chapter 18, Article II, Section 18-28, of the Federal Way City Code shall be amended to read as follows: 18-28 .-\dditionftl definitions. Definitions. In addition to those definitions eoBtained v/ithin W l\C 197 11 7QQ thrm:lgfl. 197 11 799 as now existing or amended, wheH used in this artiele the following terms shall ha-';e these meanings, unless the eaBteHt iBElieates otherwise: Unless defined in WAC 197-11-700 through WAC 197-11-799. the definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined within WAC 197-11-700 throul;ili WAC 197-11-799 or in this section are defined according to FWCC 22- 1 or 1-2. in that order. Critieal aquifer reeharge area shall mean areas in whieh water reaehes the ZOHe of satl:lration by sl:lffaee infiltration. These areas are hydrageologieally suseeptible to eoBtamination and eOHtaminatioa loading potential iaeh:lding bl::lt not limited to sueh areas as sole water sal:lfee aquifer reeharge areas, st>eaial proteetion groundwater management areas, wellheaa proteetion areas, ana ather areas with a eritiaal reehargiHg effeet OR a"lHifers used for t>otable v/ater. Det>artment shall mean any division, s1:ladi',ision or organizatioHaI uRit of the eit)' established by ordinanee, mle or arder. Early notice means shall mean the city's response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal. Fish and wildlife habitat conservation area means shall mean the management of land for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created. Habitat conservation areas include but are not limited to such areas as: (1) Areas with which endangered, threatened, and sensitive species have a primary association; (2) Habitats and species of local importance; (3) Commercial and recreational shellfish areas; (4) Kelp and eelgrass beds; herring and smelt spawning areas; (5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; (6) Waters of the state; (7) Lakes, ponds and streams planted with game fish by a governmental or tribal entity; (8) State natural area preserves and natural resource conservation areas; or (9) Streams. Frequently flooded area means shall mean lands in the floodplain subject to a one percent or greater chance of flooding in any given year including but not limited to such areas as streams, lakes, coastal areas and wetlands. Geologieally hazardous areas shall mean areas that, beea\:lse of their suseeptibility to erosioR, land sliding, seismie sr other geologieal events, are not suited to siting eommereial, resideRtial or inoostrial deyelopment eonsistent '.'lith publie health or safety eoneems. Geolsgieally ha2iardous areas inelude the following areas: (1) ErosioH hazard areas are those areas haying se'lere to '/ery Slwere erosion ha:mrd aue to natural ageHts sueh as wiHd, rain, splash, frost aetioH or stream flow. (2) Landslide hazard areas are those ar{las poteatiaUy subjeet to episodie downslope mO'/emeHt of a mass of soil or roek iHeluding bl::lt Hot limited to the followiag areas: a. .A.fly area with a eombiHation of: 1. Slopes greater than 15 percent; 2. Permeable sediment (predomiHately sand and gra';el) ovedyiHg relati';ely impermeable sediment or bedrock (typieally sik ana alay); and 3. SpriHgs or gro1:1fldwater seepage. b. .\1'1)' area v/hieh has shown moyement duriHg the Holoeeae epoeh, from lQ,QOO years ago to the present, or '."hieh is l:lfI.derlaiH by mass 'Hastage debris sf that epoeh. Ord. No. , Page 15 c. 1^1ny area potentially Hl1staale as a result of raflid stream iReision, stream aank erosion or uRdercuttiRg by '.va'le aetioR. d.1^1ny area located iR a ra':iRe or on an aeti'le alluvial fan, presently or potentially subjeet to iRHndation ay debris flows or floesing. e. Those areas identified by the Unites States Department of 1^1grieHlture Soil Conservation Serviee as ha':ing a severe limitation for bHilding site deyelopment. f. Those areas maflped as Class U (Hnstable), uas (l:lHstable old slides), and URS (Hns-table reeent slides) by the Department of Eeology. g. Slopes luwing gradiem:s greater than 80 percent sHbjeet to roekfall dlH'ing seismie shaking. (3) Seismic hazard areas are those areas sHbject to se'/ere risk ef ear.hEJ:Hake damage as a resHk of seismieaUy induced greund shaking, slope failure, settlement or soil liEJ:Hefaetian, or surface faHking. These eonditions oeelH' in areas uaderlain by cohesienless sails of law density Hsually in assaeiation ','/ith a shallow groundwater table. (1) Steep slope hazara areas are those areas ,,:ith a slape of 10 pereent er greater lHld "lith a ':ertical relief of 19 er more f-eet, a vertical rise of 10 feet er more fer eYeT)' 25 feet ef haril3antal distaHee. A slepe is delineated ay established its tee and top and measl:lfed by averaging the inclination aver at least 19 feet of vertieal relief. RegHlated lakes shall mean Wetlands Nos. 8 21 4 26, 721 4 71, 11 21 3 9, 14 21 3 2, 14 21 3 5, 13 21 3 12,921 4 38, 1721 4 55,2921 4 57, aHd 20 21 4 61 as sho'.\'R in the June 19, 1999, eity ef Federal Way final ,,:edand inveRtary refJert, except '/egetated areas meeting the aefinition af "regulated wetland" located aroUfld the margias of regHlated lakes shall be eensidefed regHlated wetlaRds. State Environmental Policy Act rules means shall meaR Chapter 197-11 WAC adepted by the Department of Eeelegy. Stream shall meaR eeurses er mates, formed by nature, inelHding those madified by maR, and generally eensisting of a ehalmel 'Hith a bed, baRks er sides threHghelit saestaBtially all their length:, alang ymieh surface '.vaters natHmlly aRd normany flow in Graining ITem higher te 10Y/er elevatiens. .^1 stream need not eoRtaiR Ylater year round. In a developing setting, streams may run in cH1'/erts er may be channeled in a cenerete, rock or ether artificial eon'/O)'aRee system. This aefinitien is aet meant to iaelude irrigation ditches, storm-water facilities or ether artifieial watereOlH'ses unless they are Hsed ay resident er aRadromeHs salmonid fish, or the featHfe was cORstrueted te eOR-'/S)' natural streams ....>hieh existed prior to censtruetion of the watereoHrse. Wellhead caflture zone ~ shall mean an area in ....mich grmmm'/ater is ealcHlated to tFa':el to a pHmping .,yell. Capture zenes are usually defined aeeording te the time that it takes for water within a partieular zone to travel to a 'Nell. Calculated eaflture zones uSHally oR1y aflpraximate aotual eapture ZOBes as a resuk of assamptions reEJ:Hired to conduet the calculation. Wellhead protection area (WHP1^1) ~ shall mean the smface and sHbsurfaee area sUIToliRding a well or y/ellfield that supplies a paelic water system through ymich eentaminants are likely to pass and l:weBt1:1ally reaeh the water welle s) as designated I:Hl.der the Federal CleaR Water ..^1et. WetlaRds means those areas that are inuRdatea or satlH'ated by surfaee or groundwater at a frequeRcy and dufation sufficient to support, and that under normal circumstanees 60 support, a prevalenee of '/egetatioR typically adapted for life in saturated soil eoaditions. Wetlands generally inelude swamps, marshes, bogs aRd similar areas. The March 1997 Washington State Wetlands Identification aRd DeliReatioR Manual (Department ef Ecology paelication No. 96 94) as set forth iR W /'1C 173 22 089, as it exists as ofNovemeer 1, 1999, or as subsequeRtly amended, will he used f{)r identifieation and deliReation efwedaRds Y/ahin the city. 1\lthough a site specifie 'Netland may net meet the eriteria described abeve, it will be considered a regHlated v/etland if it is fuHctionally related to another '.vedand that meets the criteria. RegHlated wetlaRds means: (1) Those y/etlands, as deseribed belo"l, which fall iRto one or more efthe fellowiBg eategeries: a. CategoT)' I wetlaRas meet one of the following criteria: Ord. No. , Page 16 1. Contain the presence of speeies or documented habitat recognized by state or federal ageneies as endangered, threatened or potentially extirpated plant, fish or animal speeies; or 2. Contain the presenee of plant assoeiations of infreqHent oeeurreHee, irreplaeeable ecological functions, or exceptionalloeal significance including bHt not limited to estuarine systems, fleat bogs and f-ens, mahlre forested '.vetlands, groundwater exchange areas, significant habitat or uniEIl:le educational sites; or 3. Have thr-ee or more '.vetland classes, one ofwhieh is open \vater. b. Category II wetlands are greater than 2,500 square feet in area, do not exhibit the eharaeteristies of Category I wetlands, and meet ono of the following eriteria: 1. '^1r-e eontigaeus with water bodies or tributaries te water bedies whieh under Hormal eireumstanees eontain or s1:lpport a fish peflulation, ineluding streams v/here flow is intermitteBt; er 2. '^1re greater than OHe aere in size in its entirety; or 3. ,^se less than or equal to one acre in sil3e in its eBtirety and have 1\'10 or mor-e 'Netland classes, with neither elass dominated by non natiye invasi'/e species. e. Category III wetlands are greater than 2,500 square feet in area aHd do not exhibit those ebaraeteristies ef Category I or II wetlands. (2) See definition ef "regalated lakes." Working day shall mean a day uflen vmieh the eity is OileR for business. Other referenees to days refer to calendar days. (Ord. Ne. 9Q 4Q, ~ 1(2Q.3Q),2 27 90; Ord. No. 91 105, ~ 5(2Q.3Q), 8 2091; Ord. }ole. 04 468, ~ 3, 11 16 (4) SECTION 18. Chapter 18, Article II, Section 18-116, of the Federal Way City Code is hereby repealed as follows: 18 11(; DefiBitioBs l\doptioB hy refeFeBee. The eity adopts by refereHee the following seetions of Chapter 197 11 \l,'.^1C as HO\'/ eKistiRg or ameHaed, afld as supplemented in this ehapter: (1) 197 11 700, DefinitieRs. (2) 197 11 702, Aet. (3) 197 11 704, ActioR. (4) 197 11 706, AddeRdum. (5) 197 11 7Q8, Adoption. (6) 197 11 7lQ, ,\ffeeted tribe. (7) 197 11 712, '^1ff-eeting. (8) 197 11 714, Ageney. (9) 197 11 716, f..pfllieant. (lQ) 197 II 718, Built en';iroHment. (11) 197 11 720, Categorieal exemption. (12) 197 11 721, Closed reeord appeal. (13) 197 11 722, Consolidated appeal. (14) 197 II 72 4, Consulted ageney. (15) 197 11 726, Cost benefit analysis. (16) 197 11 728, County/-eity. (17) 197 11 730, Deeision maker. (18) 197 11 732, Department. (19) 197 11 734, Determination of nonsignifieaflce. (20) 197 11 736, Determination of significance. (21) 197 11 738, Enyironmental impaet statement. (22) 197 11 740, Enyironment. (23) 197 11 742, Enyironmental cheeklist. Ord. No. , Page 17 (21) 197 11 711, Efl'.'ironmeHtal document. (25) 197 II 716, EnyirOBmeHtal r~view. (26) 197 11 750, Expanded scoping. (27) 197 II 752, Impaets. (28) 197 11 751, Incorporation by reference. (29) 197 II 756, Lands eoyered by water. (39) 197 II 758, Lead ageney. (31) 197 II 769, Lieense. (32) 197 11 762, Local ageney. (33) 197 11 761, Major aetien. (31) 197 11 766, Mitigated determination ofnonsigaifieance. (35) 197 11 768, Mitigation. (36) 197 11 770, Natural elwironmeHt. (37) 197 11 772, National Enyironmental Preteetion .'\gene)'. (38) 197 11 771, Nonprojeet. (39) 197 11 775, Open reeora hearing. (19) 197 II 776, Phased revie'l:. ( 11) 197 II 778, Preparation. (12) 197 11 ?SO, Private pfejeet. (13) 197 II 782, Prohable. (11) 197 11 781, Propesal. (15) 197 11 786, Reasonable alternative. (Hi) 197 11 788, Responsihle offieial. (17) 197 11 790, State ERyironmental Poliey Aet. (18) 197 11 792, Seope. (19) 197 11 793, Seoping. (59) 197 II 791, Signifieant. (51) 197 II 796, State ageae)'. (52) 197 II 797, Thr~shold determination. (53) 197 11 799, Underlying governmental aetion. (Ord. No. 90-40, 9 1(20.260), 2-27-90; Ord. No. 04- 468,93, 11-16-04) SECTION 19. Chapter 18, Article III, Section 18-163, of the Federal Way City Code shall be amended to read as follows: 18-163 Additional definitions. Unless otherwise defined in this ehaflter, the definitions contained in this ehaflter, Chaflter ~ fWCC, Chaflter 90.58 RCW, and Chapter 173 26 W,^.C shall aflply. Unless defined in WAC 197-II-700 through WAC 197-II-799. the definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined within WAC 197-11-700 through WAC 197-11- 799 or defined in this section are defined according to Title 14 FWRC. Chapter 90.58 RCW. Chapter 173-26 WAC. FWCC 22-1. or FWCC 1-2. in that order. Access: (1 ) Public access means actual. physical. unobstructed access available to the general public from land to the ordinary high water mark or to the wetland directly abutting the ordinary high water mark. (2) Limited limited public access means: (1) Uti .:\etual physieal aeeess from land to the ordinary high water mark or to the wetland directly abutting the ordinary high ','/ater mark, sHeh aceess being public access limited to specific groups of people or to certain regularly prescribed times; or Ord. No. , Page 18 (2)(Ql Visual access available to the general public to the shoreline and adjacent water body, such access being specifically provided for in the development ofthe site. ,A~eeess: publie aeeess meaflS aetual unobstrueted aeeess a-'/ailable to the general pub lie from lafld to the ordinary high '.'later mark or to the wetlafld direetly abutting the ordinary high. water mark. Average grade level means, for structures built on land, the average of the natural or existing topography at the center of all exterior walls of a building or structure to be placed on a site; proyided, that Qf.. in the case of structures to be built over water, average grade level shall ee means the elevation ef of ordinary high water. Backshore means a berm, together with associated marshes or meadows, on marine shores landward of the ordinary high water mark which is normal above high tide level and has been gradually built up by accretion. Beach feeding means landfill deposited on land, or in the water, to be distributed by natural water processes for the purpose of supplementing beach material. Berm means one or several linear mounds of sand and gravel generally paralleling the shore at, or landward of, the ordinary high water mark which are normally stable because of material size or vegetation. Breakwater means an off-shore structure, either floating or not, which mayor may not be connected to the shore, such structure being designated to absorb and/or reflect back into the water body the energy of the waves. Bulkhead means a solid or open pile of rock, concrete, steel, timber, other materials, or a combination of these materials erected generally parallel to and near the ordinary high water mark for the purpose of protecting adjacent shore lands and uplands from waves or currents. Class I beach means a beach or shore having dependable, geologically fully developed, and normally dry backshore above high tide. Class II beach means a beach or shore having only marginally, geologically partially developed, and not dependably dry backshore above high tide. Class III beach means a beach or shore having no dry backshore available at high tide. Department means the department of community development. also known as the department of community development services, unless the context indicates otherwise. Environment, or master program environment, or shoreline environment means the categories of shorelines of the state established by the city of Federal Way shoreline management master program to differentiate between areas whose features imply differing objectives regarding their use and future development. Float means a structure or device which is not a breakwater and which is moored, anchored, or otherwise secured in the waters of Federal Way, and which is not connected to the shoreline. Groin means a barrier type structure extending from the backshore into the water across the beach. The purpose of a groin is to interrupt sediment movement along the shore. Jetty means an artificial barrier used to change the natural littoral drift to protect inlet entrances from clogging by excess sediment. Littoral drift means the natural movement of sediment along marine or lake shorelines by wave breaker action in response to prevailing winds. Non-water-oriented uses means those uses which have little or no relationship to the shoreline and are not considered priority uses under the SMA. Examples include professional offices, automobile sales or repair shops, mini-storage facilities, multifamily residential development, department stores, and gas stations. Stringline setback means a straight line drawn between the points on the primary buildings having the greatest projection (including appurtenant structures such as decks) waterward on the two adjacent properties. Water-dependent use means a use or portion of a use which cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. Examples of water dependent Ord. No. , Page 19 uses may include ship cargo terminal loading areas, ferry and passenger terminals, barge loading facilities, ship building and dry docking, marinas, aquaculture, float plane facilities and sewer outfalls. Water-enjoyment use means a use that is open to the general public: in which the shoreline oriented space within the proiect must be devoted to the specific aspects of the use that fosters shoreline enioyment: and which either has (a) as a lJrimary characteristic a public recreational use, or-etftet: !! use facilitating public access to the shoreline as a primary characteristic of the use; or (b) as a general characteristic a use that provides fer-recreational use or aesthetic enjoyment of the shoreline for a substantial number of people as a general characteristic of the use and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. In oraer to qualify as a water enjoyment use, the use must be open to the general publie aDd the shoreline oriented space within the project must be de"otea to the speeifie aspeets of the use that fosters shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks, and piers-,- and other improvements faeilitating p\:lblie access to shorelines of the state; aRd general General water-enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts and mixed-use commercial~; proyiaea, that where such uses conform to the aeo'ie water enjoyment specifications and the provisions of the master program. Water-oriented means any combination of water-dependent, water-related, and/or water-enjoyment uses~ and serves as an all-encompassing definition for priority uses under the SMA. Water-related means a use or portion of a use which is not intrinsically dependent on a waterfront location but whose economic vitality is dependent upon a waterfront location because: (1) Of a functional requirement for a waterfront location such as the arrival or shipment of materials by water or the need for large quantities of water; or (2) The use provides a necessary service supportive of the water-dependent commercial activities and the proximity of the use to its customers makes its services less expensive and/or more convenient. Examples include professional services serving primarily water-dependent activities and storage of water- transported foods. (Ord. No. 98-323, S 3, 12-1-98; Ord. No. 99-355, S 3, 11-16-99) SECTION 20. Chapter 19, Article N, Section 19-151, of the Federal Way City Code shall be amended to read as follows: 19-151 Definitions. For the plirpose of this article the terms, phrases, words and their deri';atioRs haye the follo'Ning definitioas. When not iaconsistent with the conte-xt, words used in the present tense iRclude the fu.mre tense, words iR the plural nHmber include the singular nl:lfBller, and woros in the singular nHmber inelude the pll:lfal number. The ',yord "shall" is always mandatory. The word "may" is permissive. The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 22-1 or 1-2 in that order. The public works director shall have the authority to resolve questions of interpretation or conflicts within this article. (1) Affected intersection means any intersection within the city meeting the requirements of FWCC 19-157 and having a direct traffic impact as a result of development activity. (2) I\Pl3licant means a person who applies for a capaeity reserve certifieate (CR.c) linder this artiele and who is the owner of the subject property or the authorized agent ofthe property O','ffler. (3) Background traffic means existing traffic levels and the anticipated traffic from all proposals for which CRCs have been approved under the provisions of this article. (1) Build-out year conditions means the volume of traffic that is projected to occur on the roadway system as of the anticipated date of occupancy of a proposal. Traffic conditions include regional traffic and the anticipated traffic from all proposals for which CRCs have been approved under the provisions of this article. Ord. No. , Page 20 (5) Capacity means the availability of an affected intersection to accommodate increased traffic resulting from a development without causing the LOS to fall below the standards established in the comprehensive plan. ( 6) Available capacity means capacity which can be encumbered, reserved, or committed to future users, expressed in an appropriate unit of measure, such as p.m. peak hour trips. (7) Reserved capacity means capacity which has been allocated to a particular property through issuance of a capacity reserve certificate reserving capacity for a set period of time. (8) Capacity reserve certificate (CRC) means the certificate issued by the city pursuant to the terms and conditions of this article which constitutes the proof that adequate capacity for each affected intersection has been reserved to serve the densities and intensities of development within the time frame designated on the certificate. (9) City of Federal Way development standards means those standards adopted by the Federal Way public works director. (10) Concurrency evaluation means the evaluation by the director to ensure that necessary roadway improvements are made concurrent with proposed development activity, pursuant to RCW 36.70A.070. (11) Concurrency denial letter means a letter issued by the director which summarizes the results of the concurrency evaluation and the reason for denying the request for a concurrency reserve certificate. (12) Concurrency management means the process local jurisdictions use to ensure that necessary roadway improvements are made concurrent with proposed development activity, pursuant to RCW 36.70A.070. (13) DevelopmeRt aetivity meaHS aH)' '.York, eaRGitiaB, or 116ti',i-ty vAiieh requires a flerm.it er appre',al uRder the eit)" s slibGi',isioR, zORing, €If builGing code. Exemflt perm.its are set fertH in FWCC 19 156. (14) Development appraval meaHS '.'Ii'itten autheri2atiaB from the eit)' aut1:loriziBg the commencement €If Ge'/elopment aetivit)' ar use. (15) De',elopment flerm.it means aH)' flerm.it €If approval undef the eity's subdivisiaB, zaRing, er BHilding code that must be estained before initiating a 1:lse Of develepmeRt aeti':ity. (16) Direct traffic impact means any net increase in vehicle traffic generated by a proposed development. (17) Director means the director of the department of public works of the eity of FeGeral Way or herlhis designee. (18) Level of service (LOS) means a qualitative measure describing operational conditions within a traffic stream, described with alphabetical representations of "A" through "F" as defined in the Highway Capacity Manual prepared by the Transportation Research Board of the National Research Council, to indicate the amount of congestion and delay at particular locations, and adopted by the city. (19) Net new trips means the trip generation ofthe development activity less any allowable credit for existing activity that will be replaced, demolished or abandoned as part of the development activity. (2Q) OWRer meaHS, in reference ta real flroperty, the flerS0R or flersons holGing fee title to the property as well as the flurchaser or purchasers unGer any real estate eontraet iavolving the real proflerty. (21) Peak hour means the highest volume of traffic for a continuous hour between 4:00 p.m. and 6:00 p.m. on weekdays. (22) Select zone analysis means a travel demand model analysis that identifies trips generated within a selected transportation analysis zone. (23) Six-year transportation improvement program (TIP) means the annually adopted transportation improvement program which identifies all the city's transportation needs over the next six years, including the total project costs. (24) Standards means the adopted city of Federal Way development standards. (25) Total project cost means the total cost for the transportation projects, as defined in the current TIP. This cost includes, but is not limited to, studies, design, right-of-way acquisition, utility relocation, grading, and construction. (26) Transportation analysis zone means the area defined within a travel demand model representing all the land uses contained within that area. Ord. No. . Page 21 (27) Trip assignment means the determination within a travel demand model of the number and type of trips using a defined roadway. (28) Trip distribution means the determination within a travel demand model of the number and type of trips traveling between any given pair of transportation analysis zones. (29) Trip generation means the number of peak hour trips estimated to be produced by the development activity using Institute of Traffic Engineers (ITE) Trip Generation, current edition, or other methodology approved by the director. (30) Trip generation credit means a reduction in the number of new peak hour trips attributed to an application as described in FWCC 19-158, equal to the number of peak hour trips generated on the site described on the application from uses that have had a SEP A analysis prior to the effective date of the ordinance adopting this article that have ceased or will cease if the development permit is granted. (Ord. No. 06-525, ~ I(Exh. A), 6-6-06) SECTION 21. Chapter 20, Article I, Section 20-1, of the Federal Way City Code shall be amended to read as follows: 20-1 Definitions. The f-allowing words, tellBs aRd phrases, when used in this ehltf>ter, shall ha'/e the meaniags aseribed to them in this section, ex.eept ....'here the contex.t clearly indieates a different meaning: The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 22-1 or 1-2 in that order. Binding site plan means a plan drawn to scale processed in accordance with the provisions of this chapter and Chapter 58.17 RCW. Binding site plans are divisions of land for sale or ground lease for commercial, industrial, manufactured home parks, and condominium use. Dedieation me8:R:S the deliberate ltf>propriatioa of land by its O\Wl.er for geaeral and p1:lblie use or purpose, reserving ao Elther rights than these that are compatible 'Nith the :full ex.ereise and eajEl)flleat of the pliblic use Elr pUTflose tEl which the property has been de"Elted. Department means an administrative depar'"..ment of the eity titled the department of community development services. Director means the director of community development unless otherwise indicated. Final plat means the final drawing of the subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth for final plats in this chapter and as required by state law. Hearing em~miner means the hearing examiner operating pHrS\:lant to the powers and duties set forth by Chltf>ter n FWCC, Zoning. Issuanee, ...Alen used with respeet to a deeision of the direetor of eElmmunity development serviees or a decision of the hearing 6*amiBer issued ooder this chapter, means the date that is three days after the date the written deeision Elf the direetElr or hearing examiner is mailed. ProElf Elf mailiag shall be affidavit or by deelaration under penalty of perjury. Issuance, when used with respect to a city couneil decision made by ordinance or resolution "vhile sitting in a q\:lasi judicial capacity, means the date on 'lAlich the council passes the ordinance or resolution, as e',ideBeed by the date of passage indicated on the faee of the ordinanee or resolution. Lot means a par't)el of land ha'/ing fixed boundaries described by refereBce tEl a reeorded plat; a reeorded binding site plan; by metes and bounds; or by seetion, tOY,'f1.ship, and range; and he of suffieient area to meet minimum zoning requirements. Lot line elimination means the removal of interior lot lines of two or more separate lots with contiguous ownership. Open record hearing means a hearing that ereates the city's fllleonl of deeisiEln for an applieation or ltf>peal through testimoay and submission of evidenee and infollBatiEln, uBder proeee:mres preseribed by Ord. No. . Page 22 the city's hearing examiaer or the city council. l\n open record hearing may be held prior to the eity's decision on an application, or as part of an appeal. Plat means a map or representation of a subdivision showing the division of a tract or parcel of land into lots, blocks, streets, alleys, or other divisions and dedications. Preliminary plat means a neat approximate drawing of a proposed subdivision showing the general layout of streets and alleys, lots, blocks, and restrictive covenants to be applicable to the subdivision, and other elements of a plat or subdivision which shall furnish a basis for the approval or disapproval of the general layout of a subdivision. Right of vlay means lana aedicated or cOlt'leyea to the public or a unit of gO'/emmeat, the flrimary purpose of whieh is the movement of '/ehieles and pedestrians and proyiaing for aceess to aajaeeat pareels, with the seeoadary purpose of flfe';iding space f-or utility lines and aflfl\irtenances and other devices and facilities benefiting the p\iblic. Short plat means a final drawing of the short subdivision and dedication prepared for filing for record with the county auditor and containing all elements and requirements set forth for short subdivisions in this chapter and as required by state law. Short subdivision means the division or redivision of land into four or less lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer.....including the division divisiens of land into lots or tracts which are one-one hundred twentieth of a section of land or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land,-; pr-o',ided, that fer For purposes of computing the size of any lot under this section which borders on a street or r-oad, the lot size shall be expanded to include the area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center lot line. Subdivider, developer or platter means any person or authorized representative undertaking the subdividing or resubdividing of a lot, block or other parcel of land. Subdivision means the division or redivision of land into five or more lots, tracts, parcels, sites, or divisions for the purpose of sale, lease, or transfer.. including the division and all resttbdivision ef land exeept as provided in this chapter iBclt1ding divisieHs of land into lots or tracts which are one-one hundred twentieth of a section ofland or larger, or five acres or larger if the land is not capable of description as a fraction of a section of land.:....; flr-o',ided, that for For purposes of computing the size of any lot under this section which borders on a street or road, the lot size shall be expanded to include the area which would be bounded by the centerline of the road or street and the side lot lines of the lot running perpendicular to such center lot line. Tract means a fractional part of subdivided lands having fixed boundaries, which is dedicated or reserved by appropriate covenant or plat restriction for purposes of ingress, egress, utility access, open space, drainage or other purpose necessary to the public welfare. Zoning restriction means the restrictions contained in Chapter 22 FWCC, Zoning. (Ord. No. 90-41, S 1(16.20),2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-309, S 3, 1-6-98) SECTION 22. Chapter 21, Article I, Section 21-1, of the Federal Way City Code shall be amended and divided into separate sections to read as follows: 21-1 Definitions. When used in this chElflter, the f-ollowing words, terms and flhrases shall haye the meanings ascribed to them in this section: The definitions in sections 21-1.1 through 21-1.26 apply throughout this chapter unless the context clearly requires otherwise. Terms not defined in these sections are defined according to FWCC 22-1. 18-27. 18-28. 18-163.20-1. or 1-2. in that order. 21-1.1 Definitions. A. Ord. No. , Page 23 Abate means to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a civil violation by such means, in such a manner, and to such an extent as the director determines is necessary in the interest of the general health, safety, and welfare ofthe community. Adjustment means a department approved variation in the application of the requirements of this chapter and the King County Surface Water Design Manual and Federal Way Addendum to a particular project. AY.....^.RT is an acronym for "alllrno\.\'B., available, and reasonable methods of flre'/eatien, eoBtrol, and treatment." .^.K,^.RT shall represeat tke most curreat methodolegy that can be reasonably required for preyeating, ceRf:roHing, or abating the pollutaats associated '.vith a discharge. The eoncept ef :\K:\RT applies to both point and ReBpoint sources of pallutioB. .^.pplieaat means a property oWfl:er or a pMblie agency or publie or private utility v.4:J.ieh O'Nfl:S a right of way or other easemeat ar has been acljuaieated the right to such an easemeBt, or any perseB 0f entity designated or named in vlfitiBg by the property or easement owner to be the applieant, in an applieation for a deyelopmeat proposal, permit, or approval. Approval means the proposed work or completed work conforms to this chapter in the opinion of the public works director. :\quif-er means a geologie stFatum eoataiBiBg groURGwater that €laB be witlulFa','/fl aad usecl fer human flHrposes. 21-1.2 Definitions. B. Background conditions means the biological, chemical, and physical conditions of a water body outside the area of influence of the discharge under consideration. Background sampling locations in an enforcement action would be up gradient or outside the area of influence of the discharge. If several discharges to any water body exist, and enforcement action is being taken for possible violations to the standards, background sampling would be undertaken immediately up gradient from each discharge. When assessing background conditions in the headwaters of a disturbed watershed, it may be necessary to use the background conditions of a neighboring or similar watershed as the reference conditions. Base flood means the ~ flood having a one percent chance of being equaled or exceeded in any given year;~ also referred to as the "IOO-year flood." The base flood is determined for future flow conditions. Base flood is designated on flood insurance rate maps by the letters A or V. Basin means any area draining to a point of interest. Basin plan means a plan and all implementing regulations and procedures including but not limited to capital projects, public education activities, land use management regulations adopted by ordinance for managing surface and stormwater management facilities and features within individual sub-basins. Berm means a constructed barrier of compacted earth. Best maBagemeBt practices (BMP) (BMP's) means those flractices '.vhieh provide the best available and reaseBable pnysieal, struetHral, managerial, or behavioral activity to recluee or eliminate pollutant loads and!-or concentrations leaving the site. Blanket adjustment means an adjustment established by the city that can be applied routinely or globally to all projects where appropriate. Blanket adjustments are usually based on a previously approved adjustment and can be used to effect minor changes or corrections to the design requirements of the King County Surface Water Design Manual, and Federal Way Addendum or to add new designs and methodologies to that manual. BMP Manual means the King County "Stormwater Pollution Control Manual" (and supporting documents as appropriate) describing best management practices, design, maintenance, procedures, and guidance. 21-1.3 Definitions. C. ChaBge of use shall be determined to h8';e oee1:HTed whefl it is foufla tkat the geBeral cflaraeter ef tke operation has beeB modified. Ord. No. , Page 24 Channel means a long, narrow excavation or surface feature that conveys surface water and is open to the air. Chapter means Chapter n FWCC afty administrath'e rules and regulatiofls adopted to implemeflt it. Clearing means the destruction and removal of vegetation by manual, mechanical, or chemical methods. Closed depression means an area which is low lying and either has no surface water outlet or has such a limited outlet, that during storm events the area acts as a retention basin, with more than 5,000 square feet of water surface area at overflow elevation. Commercial agriculture means those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. Construct or modify means to install a new drainage pipe/ditch or make improvements to an existing drainage pipe/ditch (for purposes other than routine maintenance, repair, or emergency modifications, and excluding driveway culverts installed as part of single-family residential building permits) that either serve to concentrate previously unconcentrated surface and stormwater runoff to serve to increase, decrease, and/or redirect the conveyance of surface and stormwater runoff. Conveyance means a mechanism for transporting water from one point to another, including pipes, ditches, and channels. Conveyance system means the drainage facilities and features, both natural and constructed, which collect, contain, and provide for the flow of surface and stormwater from the highest points on the land down to a receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes, and wetlands. The constructed elements of the conveyance system include gutters, ditches, pipes, channels, and most flow control and water quality treatment facilities. 21-1.4 Definitions. D. Detention means the release of surface and stormwater runoff from the site at a slower rate than it is collected by the drainage facility system, the difference being held in temporary storage. Detention facility means a facility that collects water from developed areas and releases it at a slower rate than it enters the collection system. The excess of inflow over outflow is temporarily stored in a pond or a vault and is typically released over a few hours or a few days. Developmeflt means aBy actio/it)' that re€luires a permit or approyal, iaeluaiag but 8Elt limited to a buildiRg permit, gradiRg permit, shore liRe sl:lbstafltial deyelopmeflt permit, cORaitioflaluse permit, speeial use permit, z08iRg yariance or reclassificatiofl, subdivisiEl8, short subdivisiEl8, urbafl plafl8ed development, binding site plan, site developmem, or right of way use permit. Director means the director of the city of Federal Way public works department. Discharge n., means runoff, excluding offsite flows, leaving the proposed development through overland flow, built conveyance systems, or infiltration facilities. Discharge v., means to throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run, or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted, or poured into water. Ditch means a constructed channel with its top width less than 10 feet at design flow. Drainage means the collection, conveyance, containment, and/or discharge of surface and stormwater runoff. Drainage area means an area draining to a point of interest. Drainage basin means an area draining to a point of interest. Drainage facility means a constructed or engineered feature that collects, conveys, stores or treats surface and stormwater runoff. Drainage facilities shall include but not be limited to all constructed or Ord. No. , Page 25 engineered streams, pipelines, channels, ditches, gutters, lakes, wetlands, closed depressions, flow control or water quality treatment facilities, erosion and sedimentation control facilities, and other drainage structures and appurtenances that provide for drainage. Drainage review means an evaluation by Federal Way staff of a proposed project's compliance with the drainage requirements in this chapter and the King County Surface Water Design Manual and Federal Way Addendum. 21-1.5 Definitions. E. Easement means the legal right to use a paf"cel of land for a particulaf" parpose. It does Rot iReluae fee o'l.nership, eat it may restrict the oVlRer's use of the land. Emergency means a situation which, in the opinion of the director, requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons, property or the environment. Engineering review means an evaluation by the Federal Way Public Works Department of a proposed project's compliance with the drainage requirements in the King County Surface Water Design Manual, Federal Way Addendum, and with other Federal Way requirements. Environmentally sensitive areas means, at a minimum, areas which include wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. ErosioH m.eans aetaehm.eRt ana transport of soil or rock fragments by water, wiRd, ice, etc. Erosion and sediment control means any temporary or permanent measures taken to reduce erosion, control siltation and sedimentation, and ensure that sediment-laden water does not leave the site. Experimental BMP means a BMP that has not been tested and evaluated by the Department of Ecology in collaboration with local governments and technical experts. Experimental design adjustment means an adjustment used for proposing new designs or methods which are different from those in the King County Surface Water Design Manual, and Federal Way Addendum which are not uniquely site specific, and for which data sufficient to establish functional equivalence do not exist. 21-1.6 Definitions. F. Farm management plan means a comprehensive site-specific plan developed by the farm owner in cooperation with the city taking into consideration the land owner's objectives while protecting water quality and related natural resources. Federal Way Addendum to KCSWDM means the companion document to the KCSWDM that adapts the KCSWDM for development applications in the city of Federal Way. This document can be obtained from the Federal Way public works department. FEMA means the Federal Emergency Management Agency. Fertilizer means any material or mixture used to supply one or more of the essential plant nutrient elements. Financial guarantee means a form of financial security posted to ensure timely and proper completion of improvements in compliance with the project's engineering plan, to ensure compliance with the Federal Way City Code, and/or to warranty materials, workmanship of improvements and design. Financial guarantees include assignments of funds, cash deposit, surety bonds, and/or other forms of financial security acceptable to or required by the director of public works. The terms "performance guarantee," "drainage facilities restoration and site stabilization guarantee," and "defect and maintenance guarantee" are considered subcategories of financial guarantee. The term "financial guarantee" replaces the term "bond" which had been used in prior editions of the King County Surface Water Design Manual. Flood fringe means that portion of the floodplain outside of the floodway that is covered by floodwaters during the base flood; it is generally associated with standing water rather than rapidly flowing water. Floodplain means the total area subject to inundation by the base flood including the flood fringe and floodway. Ord. No. , Page 26 Floodway means the channel of the river or stream and those portions of the adjoining floodplains which are reasonably required to carry and discharge the base flood flow. The portions of the adjoining floodplains which are considered to be "reasonably required" are defined by the city flood hazard regulations. Flow control facility means a drainage facility designed to mitigate the impacts of increased surface and stormwater runoff generated by site development pursuant to the drainage requirements in Federal Way regulations. Flow control facilities are designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground, or to hold runoff a short period of time and then release it to the conveyance system. Forest practicefsj-means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, as defined ia Chapter 222 Hi 'IV f..C.including but not limited to. road and trail construction. harvesting. final and intermediate. pre-commercial thinning. reforestation. fertilization. prevention and suppression of diseases and insects. salvage of trees. and brush control. Forest practice shall not include: Forest species seed orchard operations and intensive forest nursery operations: or preparatory work such as tree marking. surveying and road flagging: or removal or harvest of incidental vegetation from forest lands such as berries. ferns. greenery. mistletoe. herbs. mushrooms. and other products which cannot normally be expected to result in damage to forest soils. timber or public resources. Forest land means all land which is capable of supporting a merchantable stand of timber and is not being actively used for a use which is incompatible with timber growing. Forest land does not include agricultural land that is or was enrolled in the conservation reserve enhancement program by contract if such agricultural land was historically used for agricultural pUl:poses and the landowner intends to continue to use the land for agricultural purposes in the future. For small forest landowner road maintenance and abandonment planning only. the term "forest land" excludes the following: (1 ) Residential home sites. A residential home site may be up to five acres in size. and must have an existing structure in use as a residence: (2) Cropfields. orchards. vineyards. pastures. feedlots. fish pens. and the land on which appurtenances necessary to the production. preparation. or sale of crops. fruit. dairy products. fish. and livestock exist. Full drainage review means the basic evaluation required by this chapter of a proposed project's compliance with the full range of core and special requirements in the King County Surface Water Design Manual and Federal Way Addendum. This review addresses the impacts associated with adding new impervious surface and changing land cover on typical sites. Full drainage review is required for any proposed project that would not be eligible or subject to one of the drainage reviews which targets certain types of projects. 21-1.7 Definitions. G. Grade n., means either the slope of a road, channel, or natural ground-:-+he: or the finished surface of a canal bed, roadbed, top of embankment, eF bottom of excavation. or~ any surface prepared for the support of construction (such as paving or the laying of a conduit). Grade v., means to finish the surface of a canal bed, roadbed, top of embankment or bottom of excavation. Groundwater means ","ater in a saturated zone or stratum Beneath the s\:lffaee of lana or below a surface water body. 21-1.8 Definitions. H. Harmful materials means substances that may create a public nuisance or constitute a hazard to humans, animals, fish or fowl, or any solid dangerous or extremely hazardous waste, as defined by Chapter 173-304 WAC (Minimum Functional Standards for Solid Waste Handling) or Chapter 173-303 WAC (Dangerous Waste Regulations). "Harmful materials" also include substances that, when released into the environment, may cause noncompliance with Chapter 246-290 WAC (Public Water Supplies), Ord. No. , Page 27 Chapter 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington), Chapter 173-201 WAC (Water Quality Standards for Surface Waters of the State of Washington), Chapter 173-204 WAC (Sediment Management Standards), or Chapter 173-340 WAC (The Model Toxics Control Act Cleanup Regulation). High-use site means anyone of the following: (1) A commercial or industrial site subject to an expected average daily traffic (ADT) count equal to or greater than 100 vehicles per 1,000 square feet of gross building area; or (2) A commercial or industrial site subject to petroleum storage and transfer in excess of 1,500 gallons per year, not including routinely delivered heating oil; or (3) A commercial or industrial site subject to use, storage, or maintenance of a fleet of25 or more diesel vehicles that are over 10 tons net weight (trucks, buses, trains, heavy equipment, etc.); or (4) A road intersection with a measured ADT count of 25,000 vehicles or more on the main roadway and 15,000 vehicles or more on any intersecting roadway, excluding projects proposing primarily pedestrian or bicycle use improvements. 21-1.9 Definitions. I. Illicit discharge means all nonstormwater discharges to stormwater drainage systems that cause or contribute to a violation of state water quality, sediment quality or groundwater quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains, car washing and greywater systems. Impervious surface means a hard or compacted surface area which either prevents or retards the entry of water into the soil mantle as Haaer compared to natural conditions prior to development~t andfef includes a hard or compacted surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. COfHfHea impervioHs Impervious surfaces include, but are not limited to, pavement. gravel. roofs, feef taps, walkways, patios, driveways, parking lots~ 6f storage areas, concrete~ 6f asphalt pa'/iag, gm:s.<el roads, packed earthen materials, ~iled surfaces, macadam, 6f and other surfaces which similarly impede the natural infiltration of surface aHd or stormwater runoff. Open, uncovered flow control or water quality treatments facilities shall not be considered impervious surfaces~ tsee See also "new impervious surface"j. ImprovemeRt means those struetHres eefHmoa!y provided ';.vhea land is eeft';ertea from its aat1:lral to a developed state. Examples iaelHde reads (v/ith or withoHte1:lfbs or g1:ltters), side"..{aU(s, erosS\valks, parkiag lots, water maias, sanitary and storm. se'Ners, araiaage faeilities, street trees, ana other appropriate items-: 21-1.10 Definitions. J. 21-1.11 Definitions. K. King County Stormwater Pollution Control Manual (KCSPCM) also described as the "BMP manual," means the document prepared by King County and adopted by Federal Way, that describes best management practices, design, maintenance, procedures, and guidance. King County Surface Water Design Manual means the manual (and supporting documents as appropriate) describing surface and stormwater design and analysis requirements, procedures, and guidance, and which is formally adopted herein by the city of Federal Way. The King County Surface Water Design Manual will be available from the King County department of development and environmental services or the department of natural resources. 21-1.12 Definitions. L. Lake means an area permanently inundated by water in excess of two meters (seven feet) deep and greater than 20 acres in size as measured at the ordinary high water mark. Ord. No. , Page 28 Landslide means episodic downslope movement of a mass of soil or rockt and includes but is not limited to rockfalls, slumps, mudflows, and earthflows. Leachable materials, wastes, or chemicals means those substances which, when exposed to rainfall, measurably alter the physical or chemical characteristics of the rainfall runoff; examples include erodible soil, uncovered process wastes, manure, fertilizers, oily substances, ashes, kiln dust, garbage dumpster leakage, etc. 21-1.13 Definitions. M. Metals means elements, such as mercury, lead, nickel, zinc and cadmium, that are of environmental concern because they do not degrade over time. Although many are necessary nutrients, they are sometimes magnified in the food chain, and they can be toxic to life in high enough concentrations. Mitigation means the reduction of a potential impact by the use of any or all of the following actions that are listed in descending order of preference: (1) A voiding the impact altogether by not taking a certain action or part of an action; (2) Minimizing impacts by limiting the degree or magnitude ofthe action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts; (3) Rectifying the impact by repairing, rehabilitating or restoring the sensitive area; (4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life ofthe development proposal; (5) Compensation for the impact by replacing, enhancing, or providing substitute sensitive areas; (6) Monitoring the impact and taking appropriate corrective measures. Monitoring means the collection and analysis of data by various methods for the purposes of understanding natural systems and features, evaluating the impacts of development proposals on the biological, hydrologic, and geologic elements of such systems, and assessing the performance of mitigation measures imposed as conditions of development. 21-1.14 Definitions. N. National Pollutant Discharge Elimination System or NPDES means the national program for controlling pollutant discharges into waters of the United States under the Clean Water Act. National Pollutant Discharge Elimination System permit, or NPDES permit, means an authorization, license, or an equivalent control document issued by the Environmental Protection Agency or the Washington State Department of Ecology to implement the requirements of the NPDES program. Natural location means the location of those channels, swales, and other non-manmade conveyance systems as defined by the first documented topographic contours existing for the subject property, either from maps or photographs, or such other means as appropriate. New impervious surface means the addition of impervious surfaces a hara or eompaetea surface saeh as payement, gravel, dirt, or roofs, or the addition of a more impervious eompaeted surface" such as the paving of pre-existing dirt or gravel. Nutrient means one of the essential chemicals needed by plants or animals for growth. Excessive amounts of nutrients can lead to degradation of water quality and excessive algae growth. Some nutrients can be toxic at high concentrations. 21-1.15 Definitions. O. Offsite flows means runoff conveyed to a proposed project from adjacent properties. Omission means a failare to act. Onsite means the site that includes the proposed development (see "site"). Ordinary high water mMk meaRS the mMk that will be foafld by examiaing the bea aRe baRks of a stream aRd ascertaining v.llera the presenee and aetion of waters are so eommofl aRe asaal, aRe so long maintainea in all ereinary yaMS, as te mMk 1:lflon the soil a character eistiflet from that of the aalitting aplaRa, in respeet to vegetatiofl. In aRy area where the ordinary high water mMk eaRnot be feaHd, the line of meaR high 'Nater shall sabstitl:lte. Jfl aR,)' Mea where neither eaR be fcHiH.d, the ehanBel bank shall be Ord. No. , Page 29 substituted. In braided channels and alh:l'lial fans, the ordinary high water mark or substimte shall be measured so as to include the entire stream feature. Overtopping means to flow over the limits of a containment or conveyance elements. 21-1.16 Definitions. P. Person means any individual (ineluding their agents or assigns), partnership, eorporatioH, asseeiation, business, organization, cooperative, publie or IHunicipal corporation, or gO'/emment agency, ho'.ve'/er designated. Pesticide means any substance (usually chemical) used to destroy or control organisms; include herbicides, insecticides, algicides, fungicides, and others. Many of these substances are manufactured and are not naturally found in the environment. Others, such as pyrethrum, are natural toxins which are extracted from plants and animals. Plat means a map or representatioH of a subdivisioH shovling the di',ision of a traet or parcel ef land into lots, blocks, streets, er ether di',isioHs and dedications. Pollution means contamination or other alteration of the physical, chemical, or biological properties, of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or such discharge of any liquid, gaseous, solid, radioactive or other substance into any waters of the state as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. Pollution-generating impervious surface means an impervious surface considered to be a significant source of pollutants in surface and stormwater runoff. including but not limited to surfaces. whether paved or not. that receive direct rainfall or the run-on or blow-in of rainfall and are regularly used either by motor vehicles. Sueh surfaees inelude those subject te vehieular 1:lse or for the storage of erodible or leachable materials, wastes, or chemicals, ana ';,i:iieh receiye direet rainfall or the nm on or blow in ef rainfall. Regularly used surfaces include roads. unvegetated road shoulders. bike lanes within the traveled lane of a roadway. driveways. parking lots. unfenced fire lanes. diesel equipment storage yards. and airport runways. Regularly used surfaces do not include road shoulders primarily used for emergency parking. paved bicycle pathways. bicycle lanes adiacent to unpaved or paved road shoulders primarily used for emergency parking. fenced fire lanes. and infrequently used maintenance access roads. TlHls, a Examples include covered parking aFea areas would be ineluded if runoff from uphill could regularly run through it them or if rainfall could regularly blow in and wet the pavement surface. as well as meta1-: Metal roofs are also eonsielered pollution generating impervious surfaee unless they are treated to prevent leaching. Pollution-generating pervious surface means a non-impervious surface with vegetative groundcover subject to use of pesticides and fertilizers. Such surfaces include, but are not limited to, the lawn and landscaped areas of residential or commercial sites, golf courses, parks, and sports fields. Preapplication IHeans the meeting(s) and/or formes) used by aJ'lplieaats for sOIHe development permits to present initial project intentions to the eity of Federal Way. PreaJ'lplieatioHaoes not mean applieation. Preapplication adjustment IHeans an adjustIHent that ean be requested prior to permit applieatioB. It is 1:lseful f{)r when an adjustment deeision is needed to determiBe if a project is feasible, or vA'len the appro'/al conditions IHUSt be known to determine if a projeet is 'liable before fimdiBg a full aJ'lplicatioB. The approyal of preapplication adjustm.ents is tied by conditioB to the projeet proposal presented at a preapplication IHeeting with the city. Project means any proposed action to alter or develop a site which may also require drainage review. Project site means that portion of a property or properties subject to proposed project improvements including those required by this chapter. 21-1.17 Definitions. Q. 21-1.18 Definitions. R. Ord. No. , Page 30 Receiving waters means bodies of water or surface water systems receiving water from upstream manmade or natural systems. Redevelopment means, on an already developed site, the creation or addition of impervious surface; the expansion of a building footprint or addition or replacement of a structure; structural development including an increase in gross floor area and/or exterior construction or remodeling, where the structural development exceeds 50 percent of the assessed or appraised value of the structure or improvement being redeveloped; the repair or replacement of impervious surface that is not part of a routine maintenance activity; a change of use which has a potential to release a new pollutant(s) to the city's surface water systems; _or land disturbing activities associated with impervieas redevelepment the creation. repair. replacement. or addition of impervious surface. Regional retention/detention system means a stormwater quantity control structure designed to prevent or correct existing or future excess surface water runoff problems of a basin or sub-basin. The area downstream has been previously identified as having existing or predicted significant and regional flooding and/or erosion problems. This term is also used when a detention facility is used to detain stormwater runoff from a number of different businesses, developments or areas within a catchment. Regalatea lakes means the following 'Netlanas as shovlR in the King CouRt)' Wetlands In'leRtory Notebooks, Velame 3 Soath: (1) Lower Paget Seand 6, 7, 12, 15, 16 ana 17; (2) Hylebos 2, 11, 13, ana 16. Retention means the process of collecting and holding surface and stormwater runoff with no surface outflow. Retention/detention facility (RID) means a type of drainage facility designed either to hold water for a considerable length of time and then release it by evaporation, plant transpiration, and/or infiltration into the ground; or to hold surface and stormwater runoff for a short period of time and then release it to the surface and stormwater conveyance system. Run-on or blow-in of rainfall means stormwater from uphill that could regularly run through an area, or rainfall that could regularly be blown in and wet the pavement surface. 21-1.19 Definitions. S. Scour means erosion of channel banks due to excessive velocity of the flow of surface and stormwater runoff. Sediment means fragmeatea material ,"flich originates frem weatheriftg and erosion of reeks or ancoHsolidated deposits, and ,.'thieh is transported by, SHspeHded ift, or aeposited BY water. Sedimentation means the depositing or f-ormatioH of sediment. Shoreline substantial development is defined shall be as defined in RCW 90.58.030 except for those activities exempted from the definition of substantial development in WAC 173-27-040 and for developments exempted by RCW 90.58.140 (9) and (10), Chapter II FWCC. Short subdivision (also known as a "short plat") shall be as defiaea in Chapter 2Q FWCC. Single-family residential means a project that constructs or modifies a single-family dwelling unit and/or makes related onsite improvements, such as driveways, roads, outbuildings, play courts, etc., or a project that creates single-family residential lots such as a plat or short plat. Site means the legal boundaries of the parcel or parcels of lana for which aft applieant has or sBoald have applied for authority from Federal Way to carry out a development activity, including any drainage impro','ements required by this chapter. This term is equi"alent to the term "subject property" as defined in Chapter 22 FWCC, Zoning. Site improvement plan consists of all the plans, profiles, details, notes and specifications necessary to construct road, drainage structure...m:-aad off-street parking improvements. A "modified site improvement plan" means a limited or simplified "site improvement plan" used for some projects in targeted review aadIor where major improvements are not proposed. Small site drainage review means a simplified alternative to full drainage review for small residential building and subdivision projects that add between two and 10,000 square feet of new impervious surface. Ord. No. , Page 31 The core and special requirements applied under full drainage review are replaced with simplified small site requirements which can be applied by a non-engineer. Soil means the unconsolidated mineral and organic material on the immediate surface of the earth that serves as a natural medium for the growth of land plants. Source control BMP means a BMP intended to prevent contaminants from entering surface and stormwater and/or groundwater including the modification of processes to eliminate the production or use of contaminants. An example would be using less toxic alternatives to current products or sweeping parking lots instead of washing them. Source control BMPs can be either structural or non structural. Structural source control BMPs involve the construction of a physical structure onsite, or other type of physical modification to a site; for example, using a covered area or berm to prevent clean stormwater from entering a work area. State waste discharge permit means an authorization, license, or an equivalent control document issued by the Washington State Department of Ecology in accordance with Chapter 173-216 WAC. Stormwater means surface water. water originating from rainfall and Elther precipitatioa that ultimately flows into drainage faeilities, rivers, streams, ponds, lakes, and ',...'etlands, or flows frElm spriags and seeps, as well as shalloVl grElunG-.vater. Stormwater drainage system means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter stormwater. "Stormwater drainage system" includes both public and privately owned features. Stormwater facility means a constructed component of a stormwater drainage system, designed or constructed to perform a particular function, or multiple functions. Stormwater facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention basins, retention basins, constructed wetlands, infiltration devices, catchbasins, oil/water separators, sediment basins and modular pavement. Stormwater faeilities Me descrihed in the storm-water maRagement m&ffilal. Stormwater System Operation and Maintenance Manual means the manual adopted by reference and prepared by the city of Federal Way. Stream mean.s an Mea where ffi:lrfaee waters pr-eehtee a defiaed ehanael Elr bed. ..^.. defined ehallBel or bed is an lif'ea wkieh demonstrates elelif' evidence of the passage Elf water aRd iaeludes, bm is not limited to, bedroek eh8flnels, gravel beds, san.d and sik beds, 8fld defined ehafl:fl:el swales. The ehanBel Elf' bed need not contain vlater yelif' round. This definition is not meaBt to inelude iffigatioa ditehes, el:lflals, storm.../ater runoff de'lices, or other entirely artificial watereoumes lmless they lif'e used by salmosids or used to eOfl-vey streams natUfaUy oeel:HTing prior to eonstmetios. Those topographie feataFes that resemble streams but hll"/e no defined ehannels (e.g., s-wales) shall be eonsidered streams vmen hydrolElgie an.d hydraulie l:lflalyses done pursuaBt tEl a developmeat proposal prediet formation Elf a defined chan.nel after de'/elopmem. Subdiyision (also knows as "plat") shall be as defined in Chapter ~ FWCC. Subjeet to vehiculM use as used in the definition of pElllmios geaerating imperviElus surface, means a sarfaee that is regulMly used hy motElr yehieles, .....hether pll"/ed or Bot. The following Me eonsidered regulMly used swfaces: roads, uByegetated road shoulders, bike laRes within the tmveled ltifte Elf a roadway, driyevlays, pMkiag lots, unfeneed fire lanes, diesel e'iHipmem storage YMds, l:lfld airport ruw.vays. The follov.ing Me not eonsidered regulMly used surfaees: road shoulders primMily used f-or emergeac)' parking, pa'/ed bicyele path',yays, bicycle lan.es adjaeent to uspll"/ed or payed road shoulders primarily used for emergeaey pMking, fenced fire laRes, and infrequemly used mainteaan.ee aeeess roads. Surface water and stomp.vater means water stormwater originating from rainfall and other precipitation that ultimately flows into drainage facilities, rivers, streams, springs, seeps, ponds, lakes, and wetlands as well as shallow groundwater. 21-1.20 Definitions. T. Targeted drainage review means an evaluation required by this chapter for certain types of proposed projects where drainage review is abbreviated to address only those requirements that would apply to those projects. Projects subject to this type of drainage review are typically small-site proposals or other Ord. No. , Page 32 small projects that have site-specific or project-specific drainage concerns that must be addressed by a licensed civil engineer or public works review staff. Toxic means poisonous, carcinogenic, or otherwise directly harmful to life. Treatment BMP means a BMP intended to remove contaminants once they are already contained in stormwater. Examples of treatment BMPs include oil/water separators, biofiltration swales, and wet- settling basins. 21-1.21 Definitions. U. Utility means the Federal Way surface water management utility. 21-1.22 Definitions. V. Vegetation means all organic plant life growing on the surface of the earth. 21-1.23 Definitions. W. Watershed means the geographic region from which water drains toward a central collector such as a stream, river, lake, or salt water. '.1/ etlaaa eage meaas the liae aeliaeatiag the oater edge af a wetltma estaelishea BY asiag the Feaefal Manaal for IdeBtifyiag afl:d Deliaeatiag l1:lfisdietioaal Wetlaaas (lanaer)' 19, 1989), jeiRtly paBlishea ey the U.S. EayiroRmeBtal Protectioa l\geacy, the U.s. Fish ana Wildlife Serdce, the U.S. .^...tl8)' CaIJls af Eagiaeers, aad the U.S. Soil Coaservatioa Service. Wetlaads meaas those areas that are iaafldatea ar sat1:lfated ey sarfaee er graaaav:ater at a fFe~eaey and d1:lfatiofl safficieBt to sapport, aad that aaaer aormal cirelHflstaaees ae sapport, a prevaleaee of ':egetaticlfl tYflieally aaRf>tea for life ifl satarated soil eaaaitiaas. Wetlaaas geaemlly iaelade s-wlHHfls, marshes, bogs, ana similar areas. (U.S. .^..rmy COIJlS of ERgiaeers Regalatiea 33 CPR 328.3 (1988)). Wetlands ia Federal Way iaelade all area 'Naterwaffi from the wetlaaa edge. Where the vegetatioa has beea removed, a '.vetlaad shall be determiRea BY the preseaee ef hydrie seils, as '.vell as ather aoeameatatioa of the previoas existenee of '.vetlaad '/egetatioR saeh as aerial flhotogrRf>hs. This aefmitiaa shall Rot eonf1iet with Federal Way zORiRg ease (Chapter 22. FWCC). 21-1.24 Definitions. X. 21-1.25 Definitions. Y. 21-1.26 Definitions. Z. (Ord. No. 99-352, g 3, 11-16-99) SECTION 23. Chapter 21, Article V, Section 21-103, of the Federal Way City Code shall be amended to read as follows: 21-103 Definitions. The follo'lling '.vords, terms and phrases, '.'1hen ased ia this artiele, shall have the meaniags ascribed to them iR this article, except \\4t.ere the coatext clearly indieates a differeBt meaning. Unless speeifieally defined belo'.v, terms or phrases used in this article shall ee iBterpretea so as to give them the meaaing they ha'/e in commOR asage and to give this article its most reasonaele Rf>plicatioa. The definitions in this section apply throughout this article unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 22-1. 21-1. or 1-2 in that order. Actual start of construction means either the first placement of permanent construction of a structure on a site. such as the pouring of slab or footings. the installation of piles. the construction of columns. any work beyond the stage of excavation. or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation. such as clearing. grading and filling: nor does Ord. No. , Page 33 it include the installation of streets and/or walkways; nor does it include excavation for a basement. footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. Actual start of construction for a substantial improvement. means the fIrst alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. Appeal means a request for a review of the interpretation of any provision of this article or a request for a variance. Area of shallow flooding means designated as AO or AH zone on the flood insurance rate map (FIRM). AO zones have base flood depths that range from one to three feet above the natural ground; a clearly defIned channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow; AH indicates ponding, and is shown with standard base flood elevations. Area of special flood hazard means the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. Designation on maps always includes the letters AorV. Base flood means the flood having a one percent chance of being equaled or exceeded in any given year (also referred to as the "lOO-year flood"). Designated on flood insurance rate maps by the letters A orV. Basement means any area of the building having its floor sub-grade (below ground level) on all sides. Breakaway wall means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specifIc lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on the FIRM as zone VI-30, VE or V. Critical facility means a facility for which even a slight chance of flooding might be too great. Critical facilities include (but are not limited to) schools, nursing homes, hospitals, police, fire and emergency response installations, and installations which produce, use, or store hazardous materials or hazardous waste. Dl:l'IelopmeRt meat'ls an.)' manmade ehan.ge to improyed or URimproyea real estate, iReh:1aiRg bill Rot limited to buildiRgs or other struetures, miRiRg, dredgiRg, fIlliRg, gradiRg, pa-viRg, exeavatioR or drilliRg operatioRs or storage of equipmeRt or materials loeated '.vithiR the area of sfJeeial flood hazara. Director means the director of the city of Federal Way community development department or his or her designee. Elevated building means, for insurance purposes, a nonbasement building that has its lowest elevated floor raised above ground level by foundation walls, shear walls, post, piers, pilings, or columns. Elevation certifIcate means the offIcial form (FEMA Form 81-31) used to track development, provide elevation information necessary to ensure compliance with community floodplain management ordinances, and determine the proper insurance premium rate with Section B completed by Federal Way. Existing manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affIxed (including, at a minimum, the installation of utilities, the construction of streets, and either fInal site grading or the pouring of concrete pads) is completed before the effective date of the adopted floodplain management regulations. Expansion to an existing manufactured home park or subdivision means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affIxed (including the installation of utilities, the construction of streets, and either fInal site grading or the pouring of concrete pads). Flood or flooding means a general and temporary condition of partial or complete inundation of normally dry land areas from: Ord. No. , Page 34 (I) The overflow of inland or tidal waters; and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. Flood insurance rate map (FIRM) means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. Flood insurance study (FIS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood. Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Lowest floor means the lowest floor of the lowest enclosed area (including basement). except that where an An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is Bet eOBsidered a BuildiBg's 10\.',<est fleor; provided, that stieR eBelesare is Bet built se as to reBder the stmetlife iB '/iolatieB of in compliance with the applicable non-elevation design requirements of this artiele fOHfld at FWCC 21-113(1)(b). the next lowest enclosed area is the lowest floor. (i.e., pro';ided there are adequate flood veatilatieR epeRiBgs). Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis arid is designed for use with or without a permanent foundation when attached to the required utilities,-. TRe term "maRufaetl:lred home" but does not include a "recreational vehicle." Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. New construction means structures for which the "start of construction" commenced on or after the effective date ofthe ordinance codified in this article. New manufactured home park or subdivision means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after the effective date of adopted floodplain management regulations. Recreational vehicle means a vehicle: (1) Built on a single chassis; (2) Four hundred square feet or less when measured at the largest horizontal projection; (3) Designed to be self-propelled or permanently towable by a light duty truck; and (4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. Start of construction iBeludes substaBtial il.Hf)ro';emeBt, aRd means the date the building permit was issued, proyided where the actual start of construction, repair, reconstruction, placement or other improvement was occurs within 180 days of the permit date~ See also "actual start of construction." +he "aetual start" means either the first plaeemeBt of permaneBt eeBstruetioR ef a strueture OB a site, sueh as the pouring of slab or footiBgs, the iBstallatioB of piles, the eOBstruetion of eoll:lfBRs, er aR)' werk beyoBd the stage of exeavatieR; or the plaeeml2mt of a maRufaetured home on a fotiBdatioB. PermaReBt eOBstmetioR does Bot iBelede laRd preparatioR, seeR as eleariBg, gradiRg aRd filliBg; Bor dees it iRelude the installatioB of streets and,(or walkways; nor does it iBehiae exeavatioB for a basemeat, f-ootiBgs, piers, or fOHfldations or the ereetion of temporary forms; Bor does it ineluae the iBstallatioR en the property of aeeessory buildings, sueh as garages or sheds Bot oeeupied as d',yelliBg eBits or Bet part of the maiB struetare. for a substaatial improvemeBt, the "aetl:lal start" of eOBstruetioR~ meaRS the first alteratioR of aRY wall, eeiliBg, floor, or other struetl:lral part of a t:mildiBg, whether or Bot that akeratieB affeets the external dimeRsioRs of the beilding. Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground. Ord. No. , Page 35 Substantial damage means damage of any ongm sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial improvement means any repair, reooestructioe, or improvement of a structure, including any repair or reconstruction. where the cost ofwhieh the improvement equals or exceeds 50 percent of the market value of the structure either.;. (1) Before before the improvement or repair is started;~ or,jf (2) If the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "sHbstaet:ial improvemeBt" is oonsiderea to_oocHr when the first altefation of &BY wall, ceiling, floor, or other structural part ofthe BHilding eOfBmences, whether or not that alteratioH affects the EH(temal dimeHsioBs of the structure. The term oan exclHae: Substantial improvement does not include: ~ Any project for improvement of a structure to correct pre-cited existing violations of state or local health, sanitary, or safety code specifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or (4j Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. Substantial improvement begins when the first alteration of any wall. ceiling. floor. or other structural part of the building commences. whether or not that alteration affects the external dimensions of the structure. Variance means a grant of relief from the requirements of this article that permits construction in a manner that would otherwise be prohibited by this article. Water dependent means a structure for commerce or industry that cannot exist in any other location and is dependent on the water by reason of the intrinsic nature of its operations. (Ord. No. 06-536, ~ 2(Exh. A), 11-7-06) SECTION 24. Chapter 22, Article I, Section 22-1, of the Federal Way City Code shall be amended to read as follows: 22-1 Definitions. The follo'.viHg words, terms aHa pluases, when used in this oHapter, shall have the meaHiegs aseribea to them in this section, eKeept ',vhere the eoH:te~(t elearly indieates a diff-ereat meaning: The definitions in sections 22-1.1 through 22-1.26 apply throughout this chapter unless the context clearly requires otherwise. Terms not defined in these sections are defined according to FWCC 1-2. 22-1.1 Definitions. A. Abandoned means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. "Abandoned" shall include includes but is not ae limited to circumstances involving tax forfeiture, bankruptcy, or mortgage foreclosure. Abandoned personal wireless service facility means a PWSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. Ord. No. , Page 36 Accessory means a use, activity, struetHr-e or part of a structure which is subordinate and incidental in size. scale. design. or purpose to the main aetivity principal use or structure on the subject property~. and supports the principal use or structure without displacing or dominating it. See FWCC 22-946. Generally, accessory uses, facilities afld actiyities normally associated ....:ith a permitted use are permitted as part of that use. Accessory dwelling unit (ADD) means either a freestanding detached structure, excluding outdoor storage containers and similar structures used or designed to be used as living facilities. or an attached part of a structure which is accessory. subordinate.. amI incidefltal to the main or primary dwelling unit located on the subject property, providing complete, independent living facilities exclusively for one single housekeeping unit, including permanent provisions for living, sleeping, cooking and sanitation. ADD's include: (1) ADD, detached means a freestanding accessory dwelling unit that is not attached or physically connected to the primary dwelling unit. (2) ADD, attached means an accessory dwelling unit that has one or more vertical and/or horizontal walls, in common with or attached to the primary dwelling unit. .^1ccessory hardship dwelling unit means 1m attaehed ADD vAiieh satisfies the eriteria set :ferth in FWCC 22 633. Accessory living facility means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. Active usets) means uses that by their very nature generate activity. and thus opportunities for natural surveillance. such as picnic areas. extracurricular school activities. exercise groups. etc. Administrator for the purpose of sign regulations means the director or his/her designated representative. Adjoining means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. Adult entertainment activity or use shall mean all of the following: (1) Adult theater shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas (defined as follows) for observation by patrons therein and which excludes minors by virtue of age. a. Specified anatomical areas shall mean both of the following: 1. When less than completely and opaquely covered: i. Human genitals or pubic region; ii. Human buttock; iii. Human female breast below a point immediately above the top of the areola; 2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. b. Specified sexual activities shall mean all of the following: 1. Human genitals in a state of sexual stimulation or arousal; 2. Acts of human masturbation, sexual intercourse or sodomy; 3. Fondling or other erotic touching of human genitals, pubic region, buttock or breast. (2) Adult bookstore shall mean an establishment which in whole or in portion thereof has a substantial or significant portion of its stock and trade books, magazines or other periodicals, which are distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" and which excludes minors by virtue of age. (3) Adult cabaret shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize specified anatomical areas and/or whose performances or other Ord. No. , Page 37 activities include or mimic specified sexual activities and which establishment excludes minors by virtue of age. f..ctivities and uses defiBed as "adult eBtertainment activity or use" are oBly permitted is the zoae where that term is specifically listed as an allowable use aBd oaly ia coaformance to the requirements as stated for that 1:lse. Agricultural use means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. Air rights means the right to, iB some m8:fifler, control the use of the space above the surface of the ground. AKART means "=all known, available and reasonable methods of prevention, control and treatment". and is the most current methodologY that can be reasonably required for preventing. controlling. or abating the pollutants associated with a point or nonpoint discharge. as iRterpreted iB W,^..C 173 20L\ 920. This is a teclmology eased approach to limitiag polll:ltaRts fr{)1R ',vastewater discharges, V/hich requires eoth aR eagiBeeriBg aBd eeoBomie judgm.ent.See also best management practices. Alluvium means soil deposits transported by surface waters. Antenna(s) means any system of electromagnetically tuned wires, poles, rods, reflecting discs or similar devices used to transmit or receive electromagnetic waves between terrestrial and/or orbital based points, including, but is not limited to: (1) Omni-directional (or "whip") antenna(s) transmits and receives radio frequency signals in a 360- degree radial pattern. (2) Directional (or "panel") antenna(s) transmits and receives radio frequency signals in a specific directional pattern of less than 360 degrees. (3) Parabolic (or "dish") antenna(s) is a bowl-shaped device for the reception and/or transmission of communications signals in a specific directional pattern. (4) Ancillary antenna is an antenna that is less than 12 inches in its largest dimension and that is not directly used to provide personal wireless communications services. An example would be a global positioning satellite (GPS) antenna. Antique or collectible means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. A store or shop selliag oaly sueh articles, or OfferiBg them for sale, shall Be coasiderea as a dealership selliag antiq1:les or collectibles aRa 80t as a dealership sellisg see08d hand merehandise. ,^..pplieant means eoth of the follmviag, depeadiBg os the co~teRt: (1) A persoa 'lIHO applies for aR.)' permit or approval to do anythisg governed By this chapter, ,;,hieh persoa m1:lst ee the O';lRer of the s1:lbjeet property, the al:lthorized ageBt of the ElWBer, Elr the city. (2) Any persoa vko is eBgagiBg iB aR acti',ity governed ey this chapter or v/.ftO is the OW8er of property s1:lbjeet to this chapter. Applicant means a person who. whether personally or through an agent. seeks. requests. or applies for any permit. approval. license. franchise. development proposal. or capacity reserve certificate (CRC)~ a person who is the owner of property subiect to this chapter. and a person who is engaged. whether personally or through an agent. in development activity. Applicant includes both the principal and any agent. Aquifer means a geological formation that is capable of vielding a usable amount of fresh water to a well or spring. a water bearisg porous soil or rock stFata capaele of yieldiag a sigaificant afl'101:lRt of grOl:lflG'.vater to wells or spriags. Arcade means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered. but not enclosed. and open at all times to public use. Typically. it has a line of columns along its open side. There may be habitable space above the arcade. Architectural embellishments for sign regulations mean the aesthetic elements of the structure that includes or encloses a sign. Thev do not include any copy. text. logos. graphics. or other elements of the Ord. No. , Page 38 sign face or sign base. but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. Average building elevation (ABE) means a reference damm on a subjeet property from which buildiag height is measured. ..A.BE is the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure. or it meanst provided, that :\BE shall BOt be greater thaa five feet above the lowest of the existing or proposed elevatioa elevations: whichever is lowest. ABE is the elevation from which building height is measured. Average slope means the average grade of land within each land area representing a distinct topographical change. Awning means a nonrigid. roof-like cover that projects from a building as a shelter. but that does not project above the adjacent parapet or roof of a supporting building. 22-1.2 Definitions. B. Backfill means material placed into an excavated area, pit, trench or behind a constructed retaining wall or foundation. Balloon means an inflatable device. generally composed of a thin layer of latex or mylar. into which a gas (typically helium) is inserted in order to cause it to rise or float in the atmosphere. (See also "Inflatable advertising device.") Big box retail means hwge seale retail that occupies more than 50,000 square feet and derives their profit from high sales volumes. BMPs Of hest maflagement practice(s) me8.flS maiRtenaflee measures aRd opeFat:ioaal pfaetiees that are eoasidef-ed the most effeetive, practical meaRS €If flfevefltiag or reduciBg flallutioB from BaBpoiflt €If poiflt sOl:lfces. BMPs are defiAed by trade orgaRizatiaBs, government ageneies, and other argaRimtiaBs iayalved iB flallatioa pre>/efltioB aRd elPliroBmefltal regulation. Best management practices (BMP's) means those practices which provide the best available and reasonable physical. structural. managerial. or behavioral activity to reduce or eliminate pollutant loads and/or concentrations leaving a site. Building means a roofed structHr-e used fer or ifltended fer human oe6uflafley anv structure having a roof supported by columns or walls and intended for the shelter. housing. or enclosure of any individual. animal. process. equipment. goods. or materials of any kind. BuildiBg mouflted sigas meaRS all €If the follO'.!/iBg: wall mouRted sigas, marquee sigas, HAder marquee sigas aRd flrojectiag sigas. Bulkhead means a wall or embankment used for retaining earth. Business or vocational school means a post-secondary institution that offers instruction in business principles and practices that will enhance one's ability to perform in a business setting, i.e., secretarial, accounting, purchasing, computer programming or usage, or training in fields such as health services, restaurant management, real estate, beautician training, or professional training or continuing education in these or similar fields. 22-1.3 Definitions. C. Canopv means a permanent. rigid. roof-like structure that proiects from a building as a shelter. with no habitable space above it. but that does not proiect above the adjacent parapet or roof of a supporting building. A freestanding canopy is a rigid roof-like structure providing shelter that is supported bv one or more posts embedded in the ground. Cargo containers - See Outdoor Storage Containers and Portable Moving Containers. Cell-on-wheels (C-O-W) means a mobile temporary personal wireless service facility. Cemetery means land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries, and related uses, when operated in conjunction with and within boundaries of such cemetery. Change of use means a change of use determiBed to ha'/e occurred 'NfleB it is fouad that the general character of the operatioB a use has been modified. This determination shall include but not be limited to f! review of; bat Bot be limited to: Ord. No. , Page 39 (I) Hours of operation; (2) Required parking; (3) Traffic generation; (4) General appearance; (5) Type, extent or amount of indoor or outdoor storage; and (6) Constituents of surface water discharge or runoff. Church, synagogue or other place of religious worship means an establishment, the principal purpose of which is religious worship and for which the principal building or other structure contains the sanctuary or principal place of worship, and which establishment may include related accessory uses. Class I home oeeupatioa means those home busiaesses that qualify as. home oaaapatioas Hader this zoning ahapter, ex-eept family ehilEl eare homes. Class II home oeeHpatioa means those family ehild eare homes that qualify uader FWCC 22 1069. Clearview zone means the areas around intersections. including the entrance of driveways onto streets. which must be kept clear of sight obstruction. See FWCC 22-1151. College or university means a post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees. This may also include community colleges that grant associate or bachelor degrees or certificates of completion in business or technical fields. Collocation means the placement and arrangement of multiple providers' antennas and equipment on a single support structure or equipment pad area. Commercial recreation facility means an indoor facility and use operated for profit, with private facilities, equipment or services for recreational purposes including swimming pools, tennis courts, playgrounds and other similar uses. The use of such an area may be limited to private membership or may be open to the public upon the payment of a fee. Commercial use means the uses allowed in the commercial zones and not permitted in any other zones ofthe city. Commercial vehicle means, Haless eKempted by F'NCC 22 1176 and 22 1178, any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25.010. the R-evised Code of WashingtoH (R-CW), the priaeipal use of which is typically used principally for the transportation of commodities, vehicles, merchandise, produce, freight, or animals; eF as well as any bulldozers, backhoes, cranes, aBEl or similar construction equipment. Commercial zones means the BN, BC, CC-C and CC-F zoning districts. Common space means an area within a development. which is used primarilv by the occupants of that development. such as an entryway. lobby. courtyard. outside dining area. etc. Common recreational open space usable for many activities means any area available to all of the residents of the subject property that is appropriate for a variety of active and passive recreational activities (including activities suitable for all age groups) and is not: (1) Covered by buildings or parking or driving areas. (2) Covered by any vegetation that impedes access. (3) On a slope that is too steep for recreational activities. Community recreation area or clubhouse means an area devoted to facilities and equipment for recreational purposes, such as swimming pools, tennis courts, playgrounds, community clubhouses and other similar uses, which area is maintained and operated by a nonprofit club or organization whose membership is limited to the residents within a specified development or geographic area. Community service event or civic event means an event or gathering (such as a food fest. concert. fun run. cultural exhibition. or charitable fund raising event) sponsored bv a private or public nonprofit organization. Sponsoring organizations can include. but are not limited to. schools. churches. and/or civic fraternal organizations. theater and arts groups. and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. Comprehensive plan means the ordinances of the city, as adopted and amended from time to time, under RCW 35A.63.060 through 35A.65.080 and the shoreline master program. Ord. No. , Page 40 Contour line means the interconnection of points having the same height above sea level. Convalescent center means an inpatient facility, excluding facilities defined as hospitals, for patients who are recovering from an illness or who are receiving care for chronic conditions; mental, physical, emotional or developmental disabilities; terminal illness; or alcohol or drug treatment and may include assisted living facilities. Copy for signs means the graphic content of a sign surface in either permanent or removable letter. pictographic. symbolic. or alphabetic form. Cottage housing development (CHD) means residential development consisting of clusters of between four and 16 detached dwelling units, that includes cottages and may include compact single- family units and meets the following criteria: (1) Dwelling units are limited to a maximum square footage; and (2) Dwelling units are grouped around a common open space; and (3) Developments meet a set of design criteria not applicable to typical single-family developments as stipulated in Article XII ofthis chapter. Critical aquifer recharge areas means areas in which water reaches the zone of saturation by surface infiltration. These areas are and include areas hydrogeologically susceptible to contamination and contamination loading potential including, but not limited to, such areas as sole water source aquifer recharge areas, special protection groundwater management areas, wellhead protection areas, and other areas with a critical recharging effect on aquifers used for potable water. Cross-section (drawing) means a visual representation of a vertical cut through a structure or any other three-dimensional form. Curb cut means the connection of a driveway with a street, which may entail a structural alteration to the curb by lowering the height of part of the curb. 22-1.4 Definitions. D. Day care facility means the temporary, nonresidential care of persons in a residence or other structure on a regular, recurring basis. Dedication means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. Deleterious substance includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials under this section, "hazardous materials," whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment-based standards are enforced under Chapter 246-290 WAC. Development means any human activity consisting of any construction. expansion. reduction. demolition. or exterior alteration of a building or structure: any use. or change in use. of a building or structure: any human caused change to land whether at. above. or below ground or water level: and any use. or change in use. of land whether at. above. or below ground or water level. Development includes. but is not limited to. any activity that requires a permit or approval under zoning ordinances. subdivision ordinances. building code ordinances. critical areas ordinances. all portions of a shoreline master program. surface water ordinances. planned unit development ordinances. binding site plan ordinances. and development agreements: including but not limited to any activity that requires a building permit. grading permit. shoreline substantial development permit. conditional use permit. special use permit. zoning variance or reclassification. subdivision. short subdivision. urban planned development. binding site plan. site development. or right-of-wav use permit. Development also includes. but is not limited to. filling. grading. paving. dredging. excavation. mining. drilling. bulkheading: driving of piling: placing of obstructions to any right of public use. and the storage of equipment or materials. Development actiyity meaDS ~' '.>:ork, eondition or aotivity whieh requires a permit or approval under this chapter or the eity's In:1ilaing eoae. Development permit meaDS any permit or approval under this ohapter or the eity's buileling (;loae that must be obtaiaea hef{)re initiating a use or development aetivity. Ord. No. . Page 41 Development regulation means controls placed on development or land use. but does not include decisions to approve a proiect permit application even though they may be expressed in a resolution or ordinance. Director means the director of the department of community development. also known as the department of community development services. unless the context indicates otherwise. Domestic animal means an animal which can be and is customarily kept or raised in a home or on a farm. Domestic violence shelters means housing for adult women or men and their dependent children, if any, who are victims of domestic violence perpetrated by the spouse, domestic partner or significant other of the adult victim. Dredging means removal of earth and other materials from the bottom. of a body of water.....J! eF watercourse......or ffem a wetland. Dredging spoils means the earth and other materials removed from the bottom. of a body of water~ eF watercourse......or ffem a wetland by dredging. Driveway means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. Dry land means the area of the subject property landward of the high water line. Dwelling unit means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities. providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory-built home or manufactured home is considered a dwelling unit under this chapter only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following eight types of dwelling units: (1) Dwelling unit, attached, means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) Dwelling unit, detached, means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) Dwelling unit, stacked, means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. (4) Dwelling unit, multifamily, means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (5) Dwelling unit, multiple unit housing, means dwelling unit, multifamily. (6) Dwelling unit, small lot detached, means detached residential dwelling units developed on multifamily-zoned property. Each unit is located on its own fee-simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (7) Dwelling unit, townhouse, means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (8) Dwelling unit, zero lot line townhouse, means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rests on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. 22-1.5 Definitions. E. Ord. No. , Page 42 Easement means the right to use the real property of another for a specific purpose. land which has specific air, stH'face or subsurface rights cOflveyed for use by someone other than the ovmer of the subject property or to beflefit some property other tbafl the subject property. EMF means electromagnetic field, which is the field produced by the operation of equipment used in transmitting and receiving radio frequency signals. Equipment shelter means the structure associated with a PWSF that is used to house electronic switching equipment, cooling system and back-up power systems. Erosion and deposition means the removal and transport of soils or rock fragments and the plaeemeflt of these removed soils elsewhere by water. wind. ice. or similar the natural forces ofwifld or water. Essential public facility is any facility or conveyance that which has the follo'sing attributes: (1) It--ts lLtypically difficult to site due to unusual site requirements and/or significant public opposition; (2) It--ts Is a necessary component of a system, network or program which provides a public service or good; (3) It--ts Is owned or operated by a unit of local or state government, ~private or nonprofit organization under contract with a unit of government or receiving government funding, or private firms subject to a public service obligation; and (4) It meets a geaeml and/or specific category for facility types or indiyidual faeilities listed below ifl Meets the following definitions of either a Class I ana or a Class II essential public facility: faeilities. a. Class I facilities are those facilities: Faeilities of a county, regional or state-wide nature.,. These essefltial public facilities intended to serve a population base that extends significantly beyond the boundaries of the city. Class I facilities, and ',vh.ich may include several local jurisdictions or a significant share of the Puget Sound regional population. Sueh fooilities and may include, but are not limited to, the following: 1. State or regional education facilities (except minor branch facilities). including: .,.h Research facilities-;)h-University branch campusest~iih-and Community colleges.,.; 2. State or regional transportation facilities). including: ...h-Light and/or standard rail lines~t~ih-Commuter terminals~t~iih- Transit centers~~and Park-and ride lots in residential zones.,.; 3. State or regional correctional facilities.,.; 4. Solid waste handling facilities (large scale). including: -:i-Transfer stations and t~ih Recycling center~.,.; 5. Sewage treatment plants.,.; 6. Power plants; b. Class II facilities are those facilities: Faeilities of a local nature. Those essefltial publie faeilities that are intended to meet the service needs of the local community. Ifl mllHy eases Class II leeaI facilities are typically characterized by providing some type of in-patient care, assistance, or monitoring":' Sueh faeilities and may include, but are not limited to, the following: 1. Substance abuse facilities.,.; 2. Mental health facilities.,.; 3. Group homes/special needs housing.,.; 4. Local schools. including: -:h-Elementary school~t~ ii-:-Middle schools. and t~ iih-High school~.,.; 5. Social service transitional housing. including: -:h-Domestic violence shelter~t~ ih Homeless shelters. and t~ Hh Work-release. Excavate or excavation means the mechanical removal of soils aBEIfor underlying strata. Exposed building face for sign regulations means the building exterior wall of a single occupant building or the building exterior wall of an individual tenant's leased space in a multi-tenant complex. including the vertical distance between eaves and ridge of a pitched roof above it. used for sign area calculation for building-mounted signs. Ord. No. , Page 43 22-1.6 Definitions. F. Facade means the entire building front including the parapet. Family means an individual; a group of not more than five individuals; or two or more individuals related by not more than four degrees of affinity or consanguinity~ and including persons under legal guardianship.:., or a group of not more than five persons \\'l10 are not related by four or fewer degrees of affinity or consanguinity; provided, howeyer, that any Any limitation on the number of residents resulting from this definition shall not be applied if it prohibits to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps. as defined in the federal fair housing amendments act of 1988. to be treated differently than a similar residential structure occupied by other related or unrelated individuals. Family day care child car~ home means a business regularly providing care during part of the 24-hour day to 12 or fewer children people (including the children of the day care provider) in the family abode of the person or persons under whose direct care the children people are placed. A family day care may also be known as a family child care home. an in home child care home. or an in home child day care. Fast food restaurant means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. Fence means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. Festoons means a string of ribbons. tinsel. small flags. or pinwheels. Fill material means dirt, stmet1:H"al rock~6f gravel, broken concrete~and similar strHetHral substances eestomarily te raise used to change the level of the ground or to provide an even surface, but excluding topsoil, bark, ornamental rocks~ or gravel placed on the surface of the ground for gardening. landscaping. or ornamental purposes. Finished grade means the final contour of the land surface prior to landscaping. Flag means any piece of cloth of individual size. color and design. used as a symbol. signal. emblem. or for decoration. Floor means the horizontal surface inside a structure designed and intended for human use and occupancy. Floor area means the total area of a building floor plate in gross square feet. Frontage of a property means the length ofthe property line along any public right-of-way on which it borders. Frontage of a building means the length of an outside building wall on a public right-of-way. 22-1.7 Definitions. G. Gambling use means one of those gambling activities regulated by the state, e.g., "p\:tblie eard rooms," which involve staking or risking something of value upon the outcome of a contest of chance or a future contingent event not under the person's control or influence, upon an agreement or understanding that the person or someone else will receive something of value in the event of a certain outcome. Gambling uses include those uses regulated by the Washington State Gambling Commission with the following exceptions as these uses are defined in Chapter 9.46 RCW: punch boards; pull tabs; bingo games operated by bona fide not-for-profit organizations; limited social games operated by bona fide not- for-profit organizations; commercial amusement games; raffles; fund raising events; business promotional contests of chance; sports pools; golfing and bowling sweepstakes; dice or coin contests for music, food, or beverages; fishing derbies; bona fide business transactions; activities regulated by the State Lottery Commission. Geologically hazardous areas means areas which because of their susceptibility to erosion, land- sliding, seismic or other geological events are not suited to siting commercial, residential or industrial Ord. No. , Page 44 development consistent with public health or safety concerns. Geologically hazardous areas include the following areas: (1) Erosion hazard areas are those areas having a severe to very severe erosion hazard due to natural agents such as wind, rain, splash, frost action or stream flow. (2) Landslide hazard areas are those areas potentially subject to episodic downslope movement of a mass of soil or rock including, but not limited to, the following areas: a. Any area with a combination of: 1. Slopes greater than 15 percent; 2. Permeable sediment, predominately sand and gravel, overlying relatively impermeable sediment or bedrock, typically silt and clay; and 3. Springs or groundwater seepage. b. Any area which has shown movement during the Holocene epoch, from 10,000 years ago to the present, or which is underlain by mass wastage debris of that epoch. c. Any area potentially unstable as a result of rapid stream incision, stream bank erosion or undercutting by wave action. d. Any area located in a ravine or on an active alluvial fan, presently or potentially subject to inundation by debris flows or flooding. e. Those areas identified by the United States Department of Agriculture Soil Conservation Service as having a severe limitation for building site development. f. Those areas mapped as class U (unstable), UOS (unstable old slides), and URS (unstable recent slides) by the Department of Ecology. g. Slopes having gradients greater than 80 percent subject to rockfall during seismic shaking. (3) Seismic hazard areas are those areas subject to severe risk of earthquake damage as a result of seismically induced ground shaking, slope failure, settlement or soil liquefaction, or surface faulting. These conditions occur in areas underlain by cohesionless soils of low density usually in association with a shallow groundwater table. (4) Steep slope hazard areas are those areas with a slope of 40 percent or greater and with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more for every 25 feet of horizontal distance. A slope is delineated by establishing its toe and top, and measured by averaging the inclination over at least 10 feet of vertical relief. Glare means both ofilie followiHg: (1) The the reflection of harsh, bright light.,....as well as the (2) The physical effect resulting from high luminances or insufficiently shielded light sources ffi.-the field of view. Government facility means a use consisting of services and facilities operated by any level of government, excluding those uses listed separately in this chapter. Grand opening means a promotional activity used by newly established businesses to inform the public of their location and services available to the community. A grand opening does not mean an annual or occasional promotion of retail sales or other services. and does not include a change in ownership. remodeling. or other change incidental to the initial establishment of the business. Gross floor area means the total square footage of all floors, excluding parking area, in a structure as measured from either the interior surface of each exterior wall of the structure or, if the structure does not have walls, from each outer edge of the roof. Certain exterior areas may also constitute gross floor area. Ground floor means the floor of a structure that is closest in elevation to the finished grade along the facade of the structure that is principally oriented to the street which provides primary access to the subject property. Groundwater meaHS '.vater that occurs iFl subsurfaee opeHiHgs iFl the earth, sHeh as the spaces hetweeH partieles iFl uFlconsolidated deposits or along fractl:lres iFl cOHsoliaated aeposits. means waters that exist beneath the surface of land or beneath the bed of any stream. lake or reservoir. or other body of surface water. Ord. No. , Page 45 Groundwater contamination means the presence of any substance designated by the U.S. Environmental Protection Agency (EPA), or the State of Washington Department of Ecology (DOE), as a primary or secondary water quality parameter, in excess of the maximum allowable containment level (MCL). Group homes type II means housing for juveniles under the jurisdiction of the criminal justice system. Such groups inelude This definition includes housing for state-licensed group care homes or halfway homes for juveniles which provide residence in lieu of sentencing or incarceration, halfway houses providing residence to juveniles needing correction, or halfway homes for those selected to participate in state-operated work release and pre-release programs; but excludes full-time detention facilities. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enioy a dwelling as required by the Fair Housing Amendments Act of 1988. 42 USC 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps. as defined in the federal fair housing amendments act of 1988. to be treated differently than a similar residential structure occupied by other related or unrelated individuals. Group homes are divided into the following types: The director of eommooity development serviees shall have the diseretien to elassify a grOHP heme proposing to serve juveniles eon',ieted ofthe offenses listed under gre\:!fJ home tyfle III iR this seetion as a grOlif) home type III, afld aay sueh home shall Be sited aeeording to the regulatieRs eontainea within tyfle III elassifieatieR. (1) Group homes type II-A: Group homes type II with no more than Maximum Rumber of 12 residents including resident staff. (2) Group homes type II-B: Group homes type II with +!hirteen or more residents including residential staff. Maximum nHmeer to Be determined on a ease BY ease basis. The limitatioR on the fll:1meer of Fesideflts in a group home' type II shall net be Elflpliea if it prohiBits the eity from making reasonable aeeommeaations to aisabled persoRs iR oraer te afford sHeh persoRs equal opportunity to I:lse aHa eRjoy a dwelling as required by the Fair HOl:lsing fJflendmeflts f1et ef 1988, 12 USC 3601(f)(3)(b). Group homes type III means housing for adults that have been convicted of a violent crime against a person or property, eF have been convicted of a crime against a person with a sexual motivation, or have been convicted or charged as a sexual or assaultive violent predator. These This category includes housing for individuals afe under the jurisdiction of the criminal justice system-er. individuals who have entered a pre- or post-charging diversion program~. Sueh groups ilwolve individuals selected to participate in state-operated work/training release and pre-release programs or similar programs; but excludes. Sl:leh eategory does not iaelude full-time detention facilities. Gymnasium means a room or building equipped for sports, which must be accessory to a school facility, health club, social service club such as the Boys and Girls Club, or similar facility. A gymnasium may also be used as an auditorium to hold concerts and other performing arts. 22-1.8 Definitions. H. Hardship means a current or impending health condition which requires a person to live in close proximity to, and/or share housing with, a caregiver. Hazardous liquid means: W petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 CFR Part 195 in effect March 1, 1998; and W carbon dioxide. Hazardous materials means any material, either singularly or in combination, that is a physical or health hazard as defined and classified in the International Fire Code, whether the materials are in usable or waste condition; aBEl any material that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged~. Hazardous materials shall also iRell:lde any hazardous waste, hazardous substance, dangerous waste, or extremely hazardous waste that is a physical or health hazard as defined or classified in Chapter 70.105 RCW and Chapter 173- 303 WAC, whether the materials are in usable or waste condition; and . Hazardous materials shall also Ord. No. , Page 46 in dude petroleum or petroleum products that are in a liquid phase at ambient temperatures, including any waste oils or sludge. Hazardous waste means all dangerous and extremely hazardous waste as defined or classified in Chapter 70.105 RCW and Chapter 173-303 WAC, including substances composed of both radioactive and hazardous components (see Chapter 79.195 RCW).. and including those solid wastes designated by 40 CFR Part 261. and regulated as hazardous and/or mixed waste by the United States EP A. Hazardous waste storage means the holding of dangeroHs hazardous waste for a temporary period (see WAC 173 303 010(85)). Hazardous waste treatment means the physical, chemical or biological processing of daagerolis hazardous wastes to make such wastes nondangerous or less dangerous, safer for transport, amenable for energy or material resource recovery, amenable for storage or reduced in volume (see W f.C 173 303 010(97)). Heat means added energy that eauses substances to rise in temfleramre, fuse, eyaporate, expand er Hfldergo aB)' other relates ehaage. Heavy equipment means high capacity mechanical devices for moving earth or other materials, and mobile power units, including but not limited to carryalls, graders, loading/unloading devices, cranes, drag lines, trench diggers, tractors over 80 HP, augers, caterpillars, concrete mixers and conveyors, harvesters, combines, ef other major agricultural equipment, and similar devices operated by mechanical power as distinguished from manpower. Height of structure means the vertical distance above the average building elevation measured to the highest point of a flat roof or to the deck line of a mansard roof, or to the mid-point between eave and ridge of the highest principal roof of a gable, hip, gambrel, or similar sloped roof. For single-family residential structures where the total area of dormers exceeds 35 percent of the total area of the underlying sloped roof, height will be measured to the ridge of the highest principal gable. Height of a sign means the vertical distance measured from the highest point of the sign to the grade of the adiacent street or the surface grade beneath the sign. whichever is less. High density residential zones means the following zones: RM 3.6, RM 2.4, RM 1.8, RS 5.0, RS 7.2, RS 9.6, and comparable zones in other jurisdictions. Home occupation means an occupation, enterprise, activity or profession which is incidental to a residential use, which is carried on for profit or customarily carried on for profit and which is not an otherwise permitted use in the zone in which it occurs. Horizontal dimension means the length of the facade of a structure as measured along a plane, excluding eaves which extend out no more than 18 inches from the exterior walls of the structure. Hospital means an institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities, extended care facilities and/or training facilities. Hotel or motel means a single building or group of buildings containing individual sleeping units intended for transient occupancy. 22-1.9 Definitions. I. Improvement means any structure or manmade feature. including but not limited to buildings. driveways. roads (with or without curbs or gutters). sidewalks. crosswalks. parking lots. water mains. sanitary and storm sewers. drainage facilities. and planted street trees. Industrial use means the uses allowed in the industrial zones and not permitted in any other zones of the city. Industrial zones means the BP zoning distriCt. Inflatable advertising device means an advertising device that is inflated by some means and used to attract attention. advertise. promote. market. or display goods and/or services. These devices include large single displays or displays of smaller balloons connected in some fashion to create a larger display. Ord. No. , Page 47 Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperableo....ef requires repairs in order to be operated legally on the public roads.. or is unable to move a distance of 10 feet on level pavement under its own power. Institutional uses means the following uses: schools, churches, colleges, hospitals, parks, governmental facilities and public utilities. Irrevocable license means a written irrevocable permission given by a property owner to the city for specified purposes. Issuance, when used vt'ith respect to a decision of the direetor of community de'/elopment services or a decision of the hearing examiaer issaed under this chapter, means the date that is three days after the date the written decision of the direetor or hearing examiner is mailed. Proof af mailing shall he by affida'lit or by declaration I:lflder peBalty of perjury. Issuance, when ased with respect to a city coancil decision made by ordinance or resoh:ltian 'Hhile sitting in a Elaasi jadicial capacity, means the date on ',vhich the cOl:lflcil passes the ordinance or resolution, as eyidenced by the date of passage indicated on the face anhe or.ainaace or resalati0n. 22-1.10 Definitions. J. Junk means old. used. or scrap metal, rope, rags, batteries, paper, rubber, tires. machinery or appliances or parts of such machinery or appliances, ~ wood, debris, trash, waste. household goods or hardware. medications. medical supplies. or medical devices. or junked, dismantled, wrecked or inoperable motor vehicles or vehicular component parts thereof. Junk or junked vehicle means any vehicle substantially meeting at least !we three of the following conditions: (1) Is three years old or older~ (2) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield or missing wheels, tires, motor, or transmission; (;?'J) Is apparently inoperable; (~) Is withoat a 6\:lffent, yalid registration plate. Has an approximate fair market value equal only to the approximate value of the scrap in it. Junkyard means a property or place of business which is maintained, operated or used for storing, keeping, buying, selling or salvaging junk. 22-1.11 Definitions. K. Kennel means an establishment, generally retail in Ramre, which hONses, CafeS for, hreeds, raises ar sells dogs or cats, bat not iRclading a small animal hospital ar clinic or pet shop. 22-1.12 Definitions. L. Land surface modification means the clearing or removal of trees, shrubs, groundcover and other vegetation and all grading, excavation and filling activities. Landscaping means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. Landward means toward dry land. Linear frontage of subject property means the frontage of the subject property adjacent to all open, improved rights-of-way other than Interstate 5. If the subject property is not adjacent to an open, improved right-of-way, linear frontage means the frontage of the subject property on any public access easements or tracts which serve the subject property and adjacent unopened and/or unimproved rights-of- way. Lot means a parcel of land. of sufficient area to meet minimum zoning requirements. having fixed boundaries described by reference to a recorded plat, to a recorded binding site plan. by reference to metes and bounds, or by reference to section, township and range. Low density use means a detached dwelling unit on a subject property that contains at least five acres. Ord. No. , Page 48 Low density zone means the following zones: SE and comparable zones in other jurisdictions. 22-1.13 Definitions. M. Maintenance. for signs. means the cleaning. painting. and minor repair of a sign in a manner that does not alter the basic design. size. height. or structure of the sign. Major stream means any stream, and the tributaries to any stream, which contains or supports, or under normal circumstances contains or supports, resident or migratory fish. If there exists a natural permanent blockage on the stream course which precludes the upstream movement of anadromous salmonid fish, then that portion of the stream which is downstream of the natural permanent blockage shall be regulated as a major stream. Manufactured homes means a factory-built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). Maximum lot coverage means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWCC 22-955 et seq. for further details. Mean sea level means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. Medium density zones means the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. Microcell means a wireless communication facility consisting of an antenna that is either: (1) Four feet in height and with an area of not more than 580 square inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet high. Minor facility means a wireless communication facility consisting of up to three antennas, each of which is either: (1) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length~; A minor facility includes any ana the associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Minor stream means any stream that does not meet the definition of "major stream." Mixed-use building means a building containing two or more different principal permitted uses. as determined bv the director. and which occupy separate tenant spaces. Moorage facility means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. Multiple-story building means a building containing two or more floors of active permitted use(s). and each upper floor area. excluding any storage. mechanical. and other similar accessory. nonactive areas. contains at least 33 percent of the ground floor area. Multiuse complex means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multiuse complex. Multi-tenant complex means a complex containing two or more uses or businesses. Mural means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business. product. service. or activity. 22-1.14 Definitions. N. Natural features means physical characteristics of the subject property that are not manmade. Natural materials means materials chemically unaltered from their natural state. Noise means the intensity, a\iFatioB ana eharaeter of soood from any ana all sources. Ord. No. . Page 49 Natural surveillance means easy observation of buildings. spaces. and activities by people passing living. working. or recreating nearby. Nonconformance means any use, structure, lot, condition, activity or any other feature or element of private or public property or the use or utilization of private or public property that does not conform to any of the provisions of this chapter or that was not approved by the city of Federal Way through the appropriate decision-making process required under this chapter. Nonliving groundcover means gravel, chipped bark or similar nonpolluting material through which water can freely percolate to the soil beneath. Normal maintenance includes interior and exterior repairs and incidental alterations. Normal maintenance and repair may iRelude includes, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may iRehule includes. but is not limited to. construction of nonbearing walls or partitions. Notice of determination for signs regulations means the determination that the city issues as to whether a shm conforms to this article and other sections of this Code. Nursing home means the same as convalescent center. See "Coa';aleseeHt eeater. " 22-1.15 Definitions. O. Occupant means a person that legally occupies a structure or property. Odor meaHS stimuh:ls affeetiRg the elfaetofY nerves. Office use means a place of employment providing services other than production, distribution, sale or repair of goods or commodities. and includes but is not limited to. The followiRg is a ROR6Kelusi';e list of office uses: medical, dental or other health care; veterinary, accounting, legal, architectural, engineering, consulting or other similar professional services; management, administrative, secretarial, marketing, advertising, personnel or other similar personnel services; sales offices where no inventories or goods are available on the premises; real estate, insurance, travel agent, loan companies, brokerage or other similar services. The following uses are specifically excluded from the definition of office: banks, savings and loan companies and similar financial institutions. Office zones means the PO, OP and CP-l zoning districts. Official notification boards of the city means the bulletin boards in the public areas of City Hall and other public locations as designated by city council. On-site hazardous waste treatment and storage facilities means facilities which treat and store hazardous wastes generated on the same property or geographicallY contiguous properties. which may be divided by public or private right of way if the entrance and exit between the properties is at a cross-roads intersection and access is by crossing as opposed to going along the right of way. same let or geographically COHtiguOl:lS or bordering property. Travel between two properties divided by a publie right of way, afld owned, operated or eORtrollea by the same perSOR, shall be eORsidered on site trayel if: (1) The tr&"'/el erosses the right of v,ay at a pel'fleRaieular iatersectioR; or (2) The right of way is cORtrollea by the property OYlfler aHa is iRaeeessible to the pub lie (see W.\C 173 303 040(39)). Open record hearing means a hearing that creates the city's record of decision for an application or appeal through testimony and submission of evidence and information, under procedures prescribed by the city's hearing examiner or the city council. An open record hearing may be held prior to the city's decision on an application, or as part of an appeal. Open space means land not covered by buildings, roadways, parking areas or other surfaces through which water cannot percolate into the underlying soils. Ordinary high water mark means, on lakes, streams and tidal waters, that mark that will be found by examining the bed, banks~ or shore and ascertaining where the presence and action of waters are so common and usual, and so long continued in ordinary years, as to mark upon the soil or land a character distinct from that of the abutting uplands with respect to vegetation. ; proyided, that any tidal area ......here Where the ordinary high water mark cannot be found by mark based OR the preyious text ef this Ord. No. , Page 50 defiflitiofl, the ordinary high water mark shall be the line of mean higher high tide for salt water and the line of mean high water for fresh water. In any stream where neither mark nor mean high water can be found, the channel bank shall be substituted. In braided channels and alluvial fans, the ordinary high water mark or substitute shall be located so as to include the entire stream feature. Outdoor means not contained within a building. Outdoor storage means any material or item (including vehicles), being stored for or awaiting sale, lease, processing or repair and not enclosed within a building. Outdoor storage containers means new or used prefabricated metal or steel enclosures used for the accessory storage of supplies, equipment. inventory, goods, commodities, or construction-related materials: or temporary offices for active construction sites: designed without an axle or wheels: and capable of being mounted on a chassis or bogie for movement by truck, trailer, rail car, or ship. This definition includes, but is not limited to, cargo, shipping, and freight containers: and excludes typical residential accessory buildings or structures such as garages and storage sheds: garbage and recycling containers: containers mounted on a truck or in some stage of transport: structures used or designed to be used as living facilities, and portable moving containers as defined in this article. See FWCC 22-1114 and 22-1115. Owner means, in reference to real property, the person or persons holding fee title to the property as well as the purchaser or purchasers under any real estate contract involving the real property. 22-1.16 Definitions. P. Parking area means any area designed aRd.lor used for parking vehicles. Parking space means an area which is improved, maintained and used for the sole purpose of temporarily accommodating a motor vehicle that is not in use. Parking structure means a building or structure consisting of more than one level. above and/or below ground, and used for temporary storage of motor vehicles. Persofl means any indi'lidual, partBership, assoeiatiofl, eeffloratiofl, BRit of go','emment or any other legal entity. Personal wireless services means commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, as defined by federal laws and regulations. Personal wireless service facility (PWSF) means a wireless communication facility, including a microcell, that is a facility for the transmission and/or reception of radio frequency signals, and which may include antennas, equipment shelter or cabinet, transmission cables, a support structure to achieve the necessary elevation, and reception and transmission devices and antennas. Plaza means a pedestrian space that is available for public use and is situated near a main entrance to a building or is clearly visible and accessible from the adiacent right-of-wav. Typical features and furnishings include special paving, landscaping, pedestrian-scale lighting, seating areas, weather protection, water features, art, trash receptacles, and bicycle racks. Portable moving containers means new or used prefabricated units that can be rented by residential or business customers for temporary accessory moving and storage activities, including, but not limited to, such products trademarked as "PODS" (Personal On Demand Storage), "SAM" (Store and Move), and "Door to Door." Such containers are typically delivered to a site bv truck, left on site for a temporary loading period, then retrieved bv truck and delivered to another location, which may include a storage facility. See FWCC 22-964. Pre application conference means a meeting, between an applicant and members of the development review committee, which is held prior to formal application, during which the project is discussed relative to city and other pertinent codes andfei: regulations. Primary dwelliRg liRit means the maifl structure loeatod on the sB~eet property which is distiflgBishable from any accessory dwelliRg BRit beeal:lse it is greater iR total sqBar-e foetage. Primary vehicular access means the major street from which the majority of vehicles enter the subject property . Principal use means the primary or predominant use of any lot or parcel. Ord. No. , Page 51 Private club means an association of persons organized for some common purpose, but not including groups organized primarily to sell merchandise or render a service which is customarily carried on as a business. Property line means those lines enclosing the subject property and those lines defining a recorded vehicular access easement or tract. The following are categories of property lines: (1) The front property line is any property line that is adjacent to a right-of-way which is more than 21 feet in width, excluding Interstate 5. If the subject property is adjacent to more than one right-of- way which is more than 21 feet in width, the applicant shall designate which of the adjacent property lines is the front property line and the remainder of such adjacent property lines will be considered as either a rear property line or side property line, based on the definition in this section. If the subject property is not adjacent to a right-of-way which is more than 21 feet in width, then the front property line is the property line adjacent or principally oriented to the street providing primary vehicular access to the subject property, as determined by the director ofilie department of eommHBity developmeat. (2) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. (3) The side property line is any property line other than a front property line or a rear property line. Public space means a passive or active recreational area designed specifically for use bv the general public as opposed to serving merely as a setting for the building. Such areas may include parks. gardens. plazas. entrance lobbies. arboretums. solariums. and bandstands. or an approved combination thereof. and may contain exterior or interior spaces. Such areas shall be easily accessible from adiacent public areas and available to the public at least 12 hours each weekday. Public on-site open space may be privately owned. but must be permanentlv set aside and maintained for the use and benefit of the public. Public park means a natural or landscaped area, provided by a unit of government, to meet the active or passive recreational needs of people. Public utility means the facilities of a private business organization such as a public service corporation, or a governmental agency performing some public service and subject to special governmental regulations, the services which are paid for directly by the recipients thereof. Such services shall include but are not limited to: water supply, electric power, telephone, cablevision, natural gas and transportation for persons and freight. The term also includes broadcast towers, antennas and related facilities operated on a commercial basis. Public works director means the director of the department of public works ofthe city. 22-1.17 Definitions. O. Qualified groundwater scientist means a hydrogeologist or engineer who meets the following criteria: (1) Has received a baccalaureate or post-graduate degree in earth science or engineering; and (2) Has sufficient education and experience in geology and hydrogeology as may be demonstrated by state registration, professional certifications, or licensing that enable that individual to make sound professional judgments regarding groundwater and groundwater vulnerability. Quasi-public use means a use owned or operated by a private nonprofit or philanthropic institution that provides cultural. recreational. or similar types of programs and services. 22-1.18 Definitions. R. Regulated lakes means Wetlands Nos. 8-21-4-26, 7-21-4-71, 11-21-3-9, 14-21-3-2, 14-21-3-5, 13-21- 3-12,9-21-4-38, 17-21-4-55,20-21-4-57, and 20-21-4-61 as shown in the June 19, 1999, city of Federal Way final wetland inventory report, except vegetated areas which are meetiBg the defmitioB of "regHlated v/etland" located in and around the margins of regulated lakes and fall under FWCC 22-1357 shall be eOBsidefed regHlated \\'etlands. RegHlated .,yetlands. See the defiBition of "regulated wetlands" Hnder the defiBition of "wetlands. " Registration sticker for the purpose of sign regulations means the sticker that is assigned to a sign that has been inventoried and has been determined to comply with this article and other sections of this Code. Ord. No. . Page 52 Relative means persons connected through blood, marriage or other legal relationships by not more than four degrees or affinity or consanguinity and including persons under legal guardianship. Required yards means the areas adjacent to and interior from the property lines and high water mark of a lot as prescribed by regulations. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Required yards are categorized as follows: (l) Front. That portion of a lot adjacent to and parallel with the front property lines and at a distance therefrom equal to the required front yard depth. (2) Rear. That portion of a lot adjacent to and parallel with the rear property line and at a distance therefrom equal to the required rear yard depth. (3) High water line yard. That portion of a lot adjacent to and parallel with the high water mark and at a distance landward therefrom equal to the required high water line yard depth established ia this chapter. (4) Side. That portion of a lot adjacent to and parallel with each side property line and at a distance therefrom equal to the required side yard depth. All required yards not otherwise categorized shall be designated side yards. Residential use means developments and occupancy in which persons sleep and prepare food, other than developments used for transient occupancy. Residential zone means the following zones: SE, RS 35.0, RS 15.0, RS 9.6, RS 7.2, RS 5.0, RM 3.6, RM 2.4, RM 1.8 and comparable zones in other jurisdictions. Restaurant or tavern means commercial use (excluding fast food restaurants) which sells prepared food or beverages and generally for consumption on the premises. Retail establishment means a commercial enterprise which provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser. Retail sales, bulk, means a retail establishment engaged in selling goods or merchandise to the general public as well as to other retailers, contractors, or businesses, and rendering services incidental to the sale of such goods. involving. Bulk retail ia'/ol'.'es a high volume of sales of related andl-er l:lOfelated products in a warehouse settin~ and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: (1) Items for sale include large, categorized products, e.g., lumber, appliances, household furnishings, electrical and heating fixtures and supplies, wholesale and retail nursery stock, etc.; and may also include a variety of carry out goods, e.g., groceries, household, and personal care products; (2) A large inventory of goods and merchandise is stored on the subject site in high-ceiling warehouse areas, high-rack displays, and/or outdoor storage areas; and (3) High volume truck traffic, regular pick up and delivery of large items, a designated contractor pick-up area, and high parking-to-building ratios. Retail sales, general and specialty, means a retail establishment that is not engaged in bull retail and is differeHtiated From bulk retail b)' the size of the buildiag, size of items purchased aHd sales Yoll:lme. Geaeral and specialty retail includes the sale of smaller items such as groceries, drug store sundries, specialty hardware, paint supplies, and sports equipment, etc. typically selling to the general public and is differentiated from bulk retail by the size of the building. size of items purchased. sales volume. and typically does not sell at a discount or in a volume warehouse store. Typically Hot a diseouHt or '/olume warehouse store. Typical user is the general public. Retail sales, second haad merchaadise meaas afl individual or establishment that sells seCORd hand merehaRdise, sueh as paW-H shops; used book and record stores; used clothiag, furniture, and aflpliaflces; thrift stores; cOflsigameHt stores; and flea markets. This defiflitiofl does Hot iflclude the sale of antil:J.ues or collectibles as defined in this article. Retail shopping center, regional means a series of unified commercial establishments that provide retail, entertainment, or professional services on a site comprised of at least 50 acres, with direct access to a state or federal highway, with shared parking facilities, with a combined gross floor area of at least Ord. No. , Page 53 500,000 square feet, and with all or some of the stores configured with an inward orientation and connected with common interior walkway(s). Right of way means land dedicated or cOlweyed to the public or a l:lflit of goyemment, the primary purpose of whieh is the movement of vehicles and/or pedestrians and pm';iding for aeeess to acljaeent parcels, with the seeondary purpose of providing space f-or utility lines and appurteaanees and other doyices and faeilities benefiting the public. Right-of-way. in addition to its normal meaning. may include. for purposes of the community design guidelines or sign regulations. land privately owned. used primarily for the movement of vehicles or pedestrian traffic. so long as such privately owned land has been constructed in compliance with all applicable laws and standards for a public right-of-way. Right-of-way realignment means the changing of the horizontal position of the improvements in a right-of-way. Roofline means the line formed by the outside of the gable of the roof, or if the roof is flat or mansard, the top of the roof or mansard. Runoff means the overland or subsurface flow of water. 22-1.19 Definitions. S. Schools means institutions of learning, excluding those offering post-secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the State of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business-related, or trade in nature. Secondhand merchandise means used or remanufactured goods and includes used books. records. clothing. furniture. and appliances: and includes such merchandise typically for sale or found at pawn shops. thrift stores. consignment stores. and flea markets. Secondhand merchandise does not include used. remanufactured. or junk motor vehicles or boats: nor antiques or collectibles. Self-service storage facilities means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. Shared access points means a common point of vehicle access from a street to more than one lot or use. Sight line means the line of vision from a person to a place or building. SilU1 means any communication device. structure. fixture. or placard that uses colors. words. letters. numbers. symbols. graphics. graphic designs. figures. logos. trademarks. and/or written COPy for the purpose of: (a) Providing information or directions: or (b) Promoting. identifying. or advertising any place. building. use. business. event. establishment. product. good. or service. and includes all supports. braces. gUYS. and anchors associated with such sign. Painted wall designs or patterns which do not represent a product. service. or registered trademark. and which do not identify the user. are not considered signs. If a painted wall design or pattern is combined with a sign. only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. The following types of signs are included in the definition of signs: Abandoned sign means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business. the distance shall be measured from the sign to the nearest portion of that building. storage. or other structure or processing area which is the most regularly used and essential to the conduct of the activity: and for a center identification sign. which identifies businesses within a multi-tenant complex. the distance shall be measured from the sign to the nearest portion of the combined parking area ofthe subject property. Animated or moving sign means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights. changes in color or light intensity. computerized Ord. No. , Page 54 special effects. video display. or through any other method. chasing or scintillating lights. fluttering or moving lights. lights with stroboscopic effect. or containing elements creating sound or smell: except for the scrolling of a static message. scene. or color onto or off a sign board in one direction per message. Awning sign means a non-electric sign on the vertical surface or flap that is printed on. painted on. or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only. and therefore. shall point toward the ground and not illuminate the canopy. (See also "Marquee ~ ---- h '\ ----- ~fi:; :J~_ 5IilIt _ Figure 1- Awning or Canopy Sign Banner means a sign made of fabric or any nonrigid material with no enclosing framework. Billboard means permanent outdoor advertising off-site signs containing a message. commercial or otherwise. unrelated to any use or activity on the subiect property on which the sign is located. but not including civic event signs. signs oriented to the interior of sports fields. government signs. or instructional signs. Building-mounted signs means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs. marquee signs. under canopy signs and proiecting signs. Cabinet sign means a sign constructed of a box. rigid material. or framework over or within which is secured the sign copy. text graphics. or other sign elements. Cabinet signs may have either interior or exterior illumination. ----- .fy p~ Figure 2 - Cabinet Sign Canopy sign means the same as "Awning sign." Center identification sign means a building-mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office. retail. institutional or industrial use or tenant and which may separately identify the tenants. Changeable copy sign means a sign whose informational content can be changed or altered (without changing or altering the sign frame. sign supports or electrical parts) by manual or electric. electro-mechanical. or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable COPy sign for purposes of this chapter. A sign on which the changing is an electronic or mechanical indication of time and/or temperature shall be considered a "time and temperature" sign and not a changeable copy sign. Ord. No. , Page 55 Construction sign means a temporary sign identifying an architect. contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming Soon" and "Open During Construction" signs. Directional sign, on-site means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). Electrical sign means a sign or sign structure in which electrical wiring. connections, or fixtures are used. Electronic changeable message sign means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. Flashing sign means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. Freestanding sign means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding silms include those signs otherwise known as "pedestal signs," "pole signs," "pvlon signs." and "monument signs." Sign l-leight Sign Heigl'bt Figure 3 - Freestanding Si gn Fuel price sign means a sign displaying the price of fuel for motorized vehicles. Ground-mounted sign means a pedestal sign, pole, pylon, monument sign, or any Sign permanently affixed to the ground. Government sign means any temporary or permanent sign erected and maintained by any city. public utility. county. state. or federal government for designation of or direction to any school. hospital. hospital site. property. or facility. including without limitation traffic signs. directional signs. warning signs. informational signs. and signs displaying a public service message. Instructional sign means a sign which designates public information including. without limitation. public restroom signs. public telephone signs. exit signs and hours of operation signs. Integral sign means a sign displaying a building date. monument citation. commemorative inscription. or similar historic information. Ord. No. , Page 56 Kiosk means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. Marquee sign means any sign attached to or supported by a marquee, which is a permanent roof- like projecting structure attached to a building. Menu board means a permanently mounted sign advertising the bill of fare for a drive-in or drive- through restaurant. Monument sign means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWCC 22-1602(c)(2), Figure 8.) Identification sign means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. Identification sign (subdivision) means a freestanding or wall sign identifying a recognized subdivision, condominium complex. or residential development. Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. Incidental sign means a small sign, emblem, or decal informing the public of goods. facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). Nameplate means a non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. Neon (outline tubing) sign means a sign consisting of glass tubing, filled with neon gas. or other similar gas, which glows when electric current is sent through it. Nonconforming sign means any sign, which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this article or anv other sections ofthis Code. Obsolete sign means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. Off-site sign means a sign relating, through its message and content. to a business activity, use, product. or service not available on the subject property on which the sign is located. On-site sign means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. Pedestal sign means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWCC 22- 1602(c)(l), Figure 6.) Point of purchase display or sign means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). Pole or pylon signs means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWCC 22-1602(c)(l), Figure 7.) Political signs means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided bv ballot in connection with local. state, or national election or referendum. Portable sign means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal. wood, or plastic. Ord. No. , Page 57 Pre-opening sign means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g.. "Coming Soon..." "Opening Soon...". etc.). Private advertising sign means a temporary sign announcing an event. use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. Private notice sign means a sign announcing a restriction or warning regarding the subject property. such as. but not limited to. "no trespassing" or "beware of dog." Projecting sign means a sign. other than a flat wall sign. which is attached to and projects from a building wall or other structure not specifically designed to support the sign. DO DD o 0 I I Figure 4 - Projecting Sign Real estate. on-site sign means a sign placed on the subject property and announcing the sale or rental of the subject property. Roof sign means any sign erected. constructed. or placed upon. over. or extended above any portion of the roof of a building or structure. excluding signs affixed to the vertical face of a mansard or gambrel style roof. in which case a roof sign is any sign erected. constructed. or placed upon. over. or extended above the lowest vertical section of a mansard or gambrel roof. Snipe sign means a temporary sign or poster posted on trees. fences. light posts or utility poles. except those posted bv a government or public utility. Temporary sign means a sign not constructed or intended for long-term use. Ord. No. , Page 58 Tenant directory sign means a sign for listing the tenants or occupants and then suite numbers of a building or center. Time and temperature sign means any sign that displays the current time and temperature. without any commercial message. Under canopy sign means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adiacent exposed building face and which contains no commercial messages other than the name of the business. Vehicle sign means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service. or providing directions to such products or services. Wall sign means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no COPy on the side or edges. Warning sign means any sign which is intended to warn persons of prohibited activities such as "no trespassing." "no hunting." and "no dumping." Window sign means all signs affixed to a window and intended to be viewed from the exterior of the structure. Sign area means the entire area of a sign on which colors. words. letters. numbers. symbols. graphics. graphic design. figures. logos. trademarks and/or written copy is to be placed. excluding sign structure. architectural embellishments and framework. Sign area is calculated bv measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics. letters. figures. symbols. trademarks. and/or written copy: except that sign area is calculated for individual letters. numbers. or symbols using a canopy. awning or wall as the background. without added decoration or change in the canopy. awning or wall color. by measuring the perimeter enclosing each letter. number. or symbol and totaling the square footage of these perimeters. Grocery I G+r+o+c+e+r+Y; Sign ArM I Ord. No. , Page 59 "a~ ~c. "d" "fl I a x ( b+o+d+e) · Sgn Area Figure S - Calculating Sign Arf Sign face means the area of a sign on which the colors. words. letters. numbers. symbols. graphics. graphic design. figures. logos. trademark and/or written copy is placed. Sign inventory sticker means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. Sign inventory sticker number means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. Sign registration means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city. or is in conformance with this Code after an analysis conducted as part of a sign inventory. Significant natural vegetation means any area containing a concentration of significant trees; any area of significant biological importance; and any area containing dense, mature, native vegetation. Significant trees. ,At.. "signifieaHt tree" shall be defined as: means a tree that is (1) Twelve inches in diameter or 37 inches in circumference measured four and one-half feet above ground; aad (2) In good health; aad (3) Not detrimental to the community. including but not limited to not (e.g., is not diseased, dying, ef likely of falling to fall into public open space or right-of-way, etc.) or obscuring safe sight distance requirements; and (4) Not a 8ignifieaHt trees shall Rot iReluae red alder, cottonwood, poplar or big leaf maple. Silt or sediment means the soils or rock fragments soil partieles mobilized and deposited by the processes of erosion and deposition. which are transported by. suspended in. or deposited by water. Single housekeeping unit means a person an individual, a group of not more than three persons.t-ef tVIO or more or a group of persons connected through blood. marriage or other legal relationships indiyiduals related by not more than four degrees of affinity or consanguinity afi&including persons under legal guardianship, or a group of Rot more thaR three perSOHS 'lAiC) are not related by four or fewer degrees of affiRity or consanguiRity; pro'/ided, ho.vever, that any. Any limitation on the number of residents resulting from this definition shall not be applied if it prohibits to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Pair HOl:lsiRg Amendmeftts ,'\ct federal fair housing amendments act of 1988, 42 USC 3604(t)(3)(b). This definition shall not be applied to the extent that Ord. No. , Page 60 would cause a residential structure occupied by persons with handicaps. as defined in the federal fair housing amendments act of 1988. to be treated differently than a similar residential structure occupied by other related or unrelated individuals. Single-use building means a building which contains one use. Site means subiect property Small animals means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. Social service transitional housing means facilities other thaFl offiees and group homes as defiFled iFl this chapter, operated by a nOFlprofit social serviee ageFley, liceFlsed as required by the state, providing temporary and transitional housing to individuals on an as-needed basis, operated by a nonprofit social service agency, licensed as required by the state, including, but not limited to, emergency shelters, homeless shelters, domestic violence shelters, and other such crisis intervention facilities: but excluding offices and group homes as defined in this chapter. Any limitation on the number of residents in social service transitional housing shall not be applied if it prohibits the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enioy a dwelling as required bv the federal fair housing amendments act of 1988. 42 USC 3604(t)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps. as defined in the federal fair housing amendments act of 1988. to be treated differently than a similar residential structure occupied by other related or unrelated individuals. This elassifieatioFl iFlch:ldes domestie ':ioleFlce shelters as defiFled hereiFl, exoept that sueh shelters ,vhereiFl the total Flumber of residents does not exeeeel the mltJlimum numBer allo',yed uFlder the "family" elenFlitioFl may be permitted outright iFl all residential ZOFles. This category includes: (1) Type A: Social service transitional housing limited to a maximum number of residents as allowed under the definition of "family". Maximum Flumber of resieleFlts tEl be eORsisteRt '.vita the maximum Flumber ofl:lnrelated adults allo'.vea l:lRaer the zOHing elennitioH of family. (2) Type B: Social service transitional housing with a more than the maximum number of residents allowed under the definition of "family". .^Jl soeial servioe transitional aOl:lSiFlg not meeting the defiFlition of "Type '^1," abo',e. Maximum number to be determiaeel eR a ease by ease basis. The limitatioFl OR the fll::1mbor of rosideflts in soeial serviee tFaBsitional Bousing shall HOt be applieel if it prohibits the city from making reasonable aecommodations to elisabled persoRs in order te afford sl:loh persons eql:lal opportl:lRity to l:lse afld efljoy a dwelling as requir~d by the Fair Hel:lsing Amenam.ents Aot of 1988,12 USC 3601(f)(3)(b). Special needs housing means housing not specifically defined by this chapter, and which will be processed under the classification most closely related to the proposed use, as determined by the director of community ae'/elopmeFlt serviees. State Environmental Policy Act means Chapter 43.21C RCW. Storm drainage means the movement of water, due to precipitation, either surficially or subsurficially. Story means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. Stream means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year round. In a deyelopiHg settiFlg development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not meant to does not include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey ~ natural streams stream which existed prior to construction of the watercourse. Those topographic features that resemble streams but have no defined channels shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development. Ord. No. , Page 61 Street means both ofthe following: fl-t-A f! public right-of-way.,. ~ and a vehicular access easement or tract. Street providing direct vehicle access means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multiuse complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. Streetscape amenities means pedestrian-oriented features and furnishings within the streetscape. such as bench seats or sitting walls. weather protection. water features. art. transit stops with seating. architectural facade treatments. garden space associated with residences. pedestrian-scale lighting. landscaping that does not block views from the street or adiacent buildings. special paving. kiosks. trellises. trash receptacles. and bike racks. Streetscape means the visual character and quality of a street as determined by various elements located between the street and building facades. such as trees and other landscaping. street furniture. artwork. transit stops. and the architectural quality of street-facing building facades. Structure means anythiag \vhieh is built Of eonstmeted, aft edifiee Of b1:lildiag of aRy kind ar allY pieee of vlOrk artifieiaUy b1:lik 1:lfl af eomposed of parts joined together in some definite manaer a combination or arrangement of material for use. occupancy. or ornamentation. whether installed on. above. or below the surface ofland or water. Structural alterations means any change in the supporting member of a building or structure. Structured parking means parking provided on more than one level and within a structure, either above- or below-grade. Structured parking shall not include a surface parking lot. Subject property means the entire lot or parcel, or series of lots or parcels, on which a development, activity~ or use is exists or will occur leeate~ or on which any activity or condition regulated by or subject to development regulations this eRapter is exists or will occur or take plaee. Support structure means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. Surface parking lot means an off-street. ground level open area. usually improved. for the temporary storage of motor vehicles. 22-1.20 Definitions. T. Temporary personal wireless service facility means a personal wireless service facility which is to be placed in use for a limited period of time, is not deployed in a permanent manner, and does not have a permanent foundation. Tenant improvement means any work, improvement or remodeling completely within the interior of a building necessary to meet the varied requirements of continuing or succeeding tenants. Threshold determination means the decision by the responsible official (the community development services director) whether or not an environmental impact statement (EIS) is required for projects that are not categorically exempt under the State Environmental Policy Act (SEPA). Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. Ord. No. , Page 62 Trade school means a post-secondary institution that trains persons for qualification in specific trades or occupations, i.e., mechanics; construction trades such as carpentry, HV AC, and wiring; electronics repair and service including computers; plumbing; chefs and culinary training; upholstery; bartending. Traffic control devices means signs, signals, stripes and other mechanical or graphic items which control the flow, direction or speed of vehicular and pedestrian traffic. Transparent glass means windows that are transparent enough to permit a reasonable level of visibility ofthe activities within a building from nearby streets, sidewalks and public spaces. 22-1.21 Definitions. U. Use means the nature of the activities taking place on private property or within structures thereon. Each separate listing under the "Use" column in FWCC 22-596 through 22-878 is a separate use. 22-1.22 Definitions. V. Vehicle service station means a commercial use supplying petroleum products that are for immediate use in a vehicle. Vehicle storage area means an outside area which is used for the storage aHdior display of operational vehicles. Vehicular access easement or tract means privately owned land used and legally committed, through easements, plat restrictions or similar mechanisms, to providing access for vehicles and pedestrians to properties other than the property within the tract or easement. It may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. 22-1.23 Definitions. W. Water feature means a fountain. cascade. stream water. water wall. water sculpture. or reflection pond. The purpose is to serve as a focal point for pedestrian activity. Waterward means toward the body of water. Well means a hole or shaft sunk into the earth to tap an underground supply of water. Wellfield means an area containing two or more wells with overlapping zones of contribution that supply a public water system. Wellhead means the top of the shaft of a well or similar water extraction facility from which potable water is extracted. Wellhead capture zone means an area in which groundwater is calculated to travel to a pumping well. Capture zones are usually defined according to the time that it takes for water within a particular zone to travel to a well. Calculated capture zones usually only approximate actual capture zones as a result of assumptions required to conduct the calculation. Wellhead protection area (WHPA) means the surface and subsurface area surrounding a well or wellfield that supplies a public water system through which contaminants are likely to pass and eventually reach the water welles) as designated under the Federal Clean Water Act. Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The Mareh 1997 Washington State Wetlands IdentificatioH and Delineation Manual (Department of Ecology publication No. 96 91) as.set forth in W.\C 173 22 080, as it exists as efNo',ember 1, 1999, or as subsequently amended, 'Hill be used for idefltifieation aRd delineation of vletlands ',Vithin the eity. ;\lthough a site specifie wetland may Ret meet the eriteria deseribed abo'/e, it will be eonsidered a regulated wetland if it is funetionally related to another \vetland that meets the eriteria. Regulated v..etlands means: (1) These '.vetlaRas, as aeseribea belo\'l, \Wlieh fall into ORe or more of the following eategories: a. Category I wetlands meet one of the following eriteria: Ord. No. , Page 63 1. Contain the presence of speeies or doeumented habitat reeognized b:y state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal speeies; or 2. Contain the presenee of plant associations of iflfrequent oecurrence, irreplaceable ecologieal functions, or exceptionalloeal significance includiflg but not limited to estuarine systems, peat bogs and feRs, mature forested wetlands, grouRdwater exehange areas, signifieant habitat or unique edueatioRal sites; or 3. Ha'/e three or mere Yletlane elasses, one ofwhieh is open '.vater. b. Category II wetlands are greater than 2,500 square feet in area, do net exhibit the eharacteristies of Category I wetlands, and meet ORe of the following eriteria: 1. :\re eontiguous with water boeies or tributaries to water bodies \v-hieh uRder nermal eireMmstanees eontain or sMpport a fish populatioR, ineludiRg streams where flow is intermitteRt; or 2. Are greater than one aere ifl size in its entirety; or 3. Are less than or equal to one acre in size in its eRtirety aRd ha'/e two or more wetland elasses, ',vith neither class domiRated by ROD Dative ift'/asiYe speeies. c. Category III wetlands are greater than 2,500 square feet in area and eo net eKhibit these ehaFQeteristies of Category I or II v/etlands. (2) See defiRitioD of "regalated lakes." Wholesale trade means a commercial establishment which sells to retail establishments. 22-1.24 Definitions. X. 22-1.25 Definitions. Y. 22-1.26 Definitions. Z. Zones means use zones. See as deseribed in FWCC 22-596 through 22-878. Zoning map means the series of maps adopted by the city, and designated the official zoning map of the city, showing the geographical location of use zones within the municipal boundaries. (Ord. No. 90- 43, ~ 2(3.10),2-27-90; Ord. No. 90-51, ~~ 1,2,3-27-90; Ord. No. 91-87, ~~ 2 - 4,2-5-91; Ord. No. 91- 92, ~ 4, 4-16-91; Ord. No. 91-100, ~ 4, 6-4-91; Ord. No. 91-105, ~ 3, 8-20-91; Ord. No. 91-113, ~ 3, 12- 3-91; Ord. No. 94-223 ~ 3(A), 10-18-94; Ord. No. 95-245, ~3(A), 11-21-95; Ord. No. 96-269, ~ 3, 6-18- 96; Ord. No. 96-270, ~ 3(A), 7-2-96; Ord. No. 97-295, ~ 3, 5-20-97; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 97-296, ~ 3, 6-17-97; Ord. No. 97-300, ~ 3, 9-16-97; Ord. No. 97-307, ~ 3, 12-16-97; Ord. No. 99- 337, ~ 2, 3-2-99; Ord. No. 99-348, ~ 2, 9-7-99; Ord. No. 99-353, ~ 3, 11-16-99; Ord. No. 99-357, ~ 3, 12- 7-99; Ord. No. 00-363, ~ 2, 1-4-00; Ord. No. 01-385, ~ 3, 4-3-01; Ord. No. 02-424, ~ 3, 9-17-02; Ord. No. 03-443, ~ 3,5-20-03; Ord. No. 04-457, ~ 3, 2-3-04; Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 05-506, ~ 3, 10-18-05; Ord. No. 06-515, ~ 3,2-7-06; Ord. No. 06-533, ~ 5(Exh. A), 9-19-06) SECTION 25. A new Section shall be added to Chapter 22, Article I, of the Federal Way City Code [FWRC 19.05.120] to read as follows: (what is the FWCC site?) 22-12 rFWRC 19.05.1201 Application of rel!ulations. Except as otherwise provided in this title: 1. No building or part thereof or other structure shall be erected. altered. added to. or enlarged. nor shall any land. building. structure. or premises be used. designated. or intended to be used for any purpose or in any manner other than is included among the uses listed in this title as permitted in the district in which such building. land. or premises are located. 2. No building or part thereof or structure shall be erected. reconstructed. or structurally altered to exceed in height the limit designated in this title for the district in which such building is located. 3. No building or part thereof or structure shall be erected. nor shall any existing building be altered. enlarged. or rebuilt or moved into any district. nor shall any open space be encroached upon or reduced in Ord. No. , Page 64 any manner. except in conformity to the yard. building site area. and building location regulations designated in this title for the district in which such building or open space is located. 4. In their interpretation and application. the provisions of this title shall be held to be minimum requirements. Where this title imposes a greater restriction than is imposed or required by other rules or regulations or ordinances, the provisions of this title shall control. 5. Activities and uses defined as "adult entertainment activity or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. SECTION 26. A new section shall be added to Chapter 22, Article I, of the Federal Way City Code [FWRC 19.05.130] to read as follows: 22-13 rFWRC 19.05.1301 Date of issuance of decisions Where notice of a decision of the director or the hearing examiner is required to be mailed. the decision is deemed issued three days after the date the decision is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of perjury. Decisions by the city council made by ordinance or resolution while sitting in a quasi-iudicial capacity. are deemed issued on the date the council passes the ordinance or resolution. as evidenced by the date of passage indicated on the face of the ordinance or resolution. SECTION 27. A new section shall be added to Chapter 22, Article XIII, of the Federal Way City Code to read as follows: 22-978 [19.105.0601 Group homes. A group home type II proposing to serve iuveniles convicted of the offenses listed under group home type III must be approved through process I to be treated as a group home type II and not a grOUp home type III. A group home type II-B must be approved under process I to have 25 or more residents including residential staff. SECTION 28. A new section is added to Chapter 22, Article XIII, of the Federal Way City Code (FWRC 19.105.070) to read as follows: 22-979 [19.105.0701 Social service transitional housinl!. Notwithstanding any provision to the contrary. domestic violence shelters (Type A) where the total number of residents does not exceed the maximum number allowed under the definition of "family" may be permitted outright in all residential zones. Any social service transitional housing must be approved under process I to have more than the maximum number of residents allowed under the definition of "family" (Type B's). SECTION 29. Chapter 22, Article X, Section 22-547, of the Federal Way City Code shall be amended to read as follows: 22-547 Definitions Catel!ories of temporary uses. The following categories of temporary uses are established: fB Class I temporary uses shall mean temporary uses iDeluding are temporary uses that do not fall under Class II temporarv uses. such as seasonal retail sales of agricultural or horticultural products such as vegetable, fruit or flower stands; community festivals, circuses, carnivals, fairs, or similar transient Ord. No. , Page 65 amusement, cultural, or recreational activities; and fundraising, rummage or other outdoor sales sponsored by school, churches and other nonprofit organizations. Class I temporary uses shall be deeided uader FWCC 22 550; except that the direetor of community developmeat may require an applicatioa to be decided uHder FWCC 22 550 and process III, FWCC 22 386 et seq., whea it is determined that tbe degree ane seope of potential impacts of the proposal warrant such reyiew. ~ Class II temporary uses shall mean temporary uses iDcludiDg are temporary uses that involve such as critical and essential human services of a nonprofit social services nature, including food banks, and clothing banks, but not including homeless shelters, when the director of eommunity development services determines that the conditions prompting such proposal are of a critical and temporary nature. Class II temporary uses shall be decided uader FWCC 22 518(b). (Ord. No. 94-209, ~ 3, 3-15-94; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 30. Chapter 22, Article XIII, Section 22-977, of the Federal Way City Code (FWRC 19.225.005) shall be amended to read as follows: 22-977 [19.225.005] Increases to single-story construction limits - City center core and frame. (aD Generally. The size of single-story buildings, and/or the total amount of new single-story construction that can occur on a site may exceed the limits of 16,000 gross square feet as required by Article XI, Division 8 [chapter 19.225 FWRC and chapter 19.230 FWRC], if approved by the director ef eommuaity development services using the provisions in this section. The intent of this section is to encourage creative design proposals and urban- scale, pedestrian-oriented development, by allowing single-story buildings and/or single-story construction on a site to exceed the limits of 16,000 square feet, based on the nature and extent to which a project incorporates a mix of uses, multiple-story buildings, and/or public on-site open space. (b) Definitions. The following definitions apply te this seetion: (1) Floor area means the tetal area ef a building floor plate in gross square feet. (2) Mixed use buildiag means a 1:n:lilding 60fHaiDing nve er mere different prineipaI permitted Mses, as determiDed by the direetor, and '.vhich oeeupy separate tenant spaces. (3) Mukiple story builEling means a buildiDg coBtainiDg two or more floers of active permittee use(s), ana eaeh upper floor area, eKelueing any storage, mechanical, ana ether similar aecessery, noaacti'/e areas, eoataiDs at least 33 percent of the groW'ld floor area. (4) The site means sUBjeet property as defined by this ehapter. (e2) Formula. The following formula establishes the incremental increases beyond 16,000 gross square feet that may be added to an existing or proposed single-story building(s) anywhere on the site, in exchange for the specified uses and building forms: (+!!:) One thousand square feet may be added in exchange for each 1,000 square feet of a principal use(s) contained in an attached or detached mixed-use/multiple-story building. (~Q) Two thousand square feet may be added in exchange for each dwelling unit contained in an attached or detached mixed-use/multiple-story building. (~) One thousand square feet may be added in exchange for each five parking stalls contained in an attached or detached parking structure. (44) One thousand square feet may be added in exchange for each 1,000 square feet of public on-site open space; provided, that it is located and designed according to the definition and design criteria for public on-site open space set forth in Article XIX. (dJ) Modifications. The director may approve minor modifications to the above formula based on unusual site conditions or unique design proposals, provided the resulting project is consistent with comprehensive plan policies promoting urban-scale, pedestrian-oriented development in the city center, and meets all other applicable development regulations and design standards. Ord. No. , Page 66 (e1:) Exclusion from size limits. Those portions of a ground floor that are covered by upper floor space, within buildings approved under this section, are excluded from the size limits of Article XI, Division 8 [chapter 19.225 FWRC and chapter 19.230 FWRC]. (Ord. No. 06-515, 9 3,2-7-06) SECTION 31. Chapter 22, Article XN, Section 22-1356, of the Federal Way City Code shall be amended to read as follows: 22-1356 Determination of wetland and regulated wetland. (a) Generally. This seetien eoBtaiDs procedures and criteria for determiDing whether an area is defined as a regulated wetland UDder this ehapter. The March 1997 Washington State Wetlands Identification and Delineation Manual (Department of Ecology publication No. 96-94) as set forth in WAC 173-22-080. as it exists as of November 1. 1999. or as subsequently amended. will be used for identification and delineation of wetlands within the city. Although a site-specific wetland may not meet the criteria described above. it will be considered a regulated wetland if it is functionally related to another wetland that meets the criteria. Where vegetation has been removed. a wetland may be detenrtined by the presence of hydric soils. as well as other documentation of the previous existence of wetland vegetation such as aerial photographs. (b) Evaluation. If the city determines that a wetland may exist on or within 200 feet of the subject property, the director of commuRity de'/elopmeRt shall require the applicant to submit a wetland report, prepared by a qualified professional approved by the city, that includes the information set forth in subsections (b Xl) through (b X7) and (c) of this section. The director of ceffiHffiHity de'lelepmeRt shall use the information required by subsections (b)(I) and (b)(2) to determine if the area is a regulated wetland and, if so, shall use the information required by subsections (b )(3) through (b )(7) and (c) to determine the category and the precise boundaries of that regulated wetland. (1) An evaluation of whether the area in question is a regulated wetland under this section. FWCC 22-1357. and the definition of wetland in 22-1., based on the definitisD of "regulatee v/etlane" in FWCC 22 1. (2) An overview of the methodology used to conduct the study. (3) A description of the wetland and plant communities found therein, a map delineating the edge of the wetland and location of plant communities, and a detailed description of the method used to identify the wetland edge. (4) The wetland classification, according to the U.S. Fish and Wildlife Service "Classification of Wetlands and Deep Water Habitats in the U.S." (5) A list of observed plant and wildlife species, using both scientific and common names, and a description of their relative abundance. (6) A list of potential plant or animal species based on signs or other observation. (7) An evaluation and assessment of the existing or potential functions and values of the wetland based on the following factors: surface water control; wildlife habitat; pollution and erosion control; groundwater exchange; open space and recreation; and educational and cultural opportunities. (c) Drainage facilities. Surface water ponds, drainage ditches, and other such facilities which were designed to impound or convey water for an engineered purpose are not considered regulated wetlands under this article provided they meet all of the following criteria: (1) The drainage facility must have been intentionally human created. This is to differentiate from those wetland sites that are accidental consequences of development actions, such as road construction or culvert placement. Such sites may be considered regulated wetlands by the director upon a review, under subsection (b )(7) of this section, of the ecological functions and values of the site. (2) The drainage facility must have been originally constructed on uplands (nonwetland areas). If the drainage facility is located within a straightened, channelized, or otherwise disturbed natural watercourse, it may be considered a regulated wetland by the director upon a review, under subsection (b )(7) of this section, of the ecological functions and values of the site. Ord. No. , Page 67 (3) The facility must be actively operated as a surface water drainage facility. Abandoned drainage facilities may be considered regulated wetlands by the director upon a review, under subsection (b)(7) of this section, of the ecological functions and values of the site. (4) Wetland conditions have not expanded beyond the originally constructed drainage facility boundary. In such a case, the expanded area may be considered a regulated wetland by the director upon review, under subsection (b)(7) of this section, ofthe ecological functions and values of the site. (5) The drainage facility was not designed or constructed as a requirement to mitigate previous wetland impacts. (6) The director finds that limited ecological functions and values do not warrant application of the city's wetland regulations. (Ord. No. 90-43, ~ 2(80.145), 2-27-90; Ord. No. 91-105, ~ 4(80.145), 8- 20-91; Ord. No. 91-123, ~ 3(80.145), 12-17-91; Ord. No. 99-353, ~ 3, 11-16-99; Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 07-554, ~ 5(Exh. A(10)), 5-15-07) SECTION 32. Chapter 22, Article XVII, Section 22-1568, of the Federal Way City Code shall be amended to read as follows: 22-1568 Significant trees. (al) Purpose. The purpose of this section is to: (1) Regulate the removal of trees from property within the city in order to preserve, protect and enhance a valuable natural resource; (2) Establish standards to limit the removal of and ensure the replacement of trees sufficient to safeguard the ecological and aesthetic environment of a community; (3) Discourage the unnecessary clearing and disturbance of land so as to preserve the natural and existing growth of vegetation; and (4) Maintain a minimum number of significant trees. (b) Dofinition. l\ sigaifieant tree shall be defiBed as: (1) Tw:elye iDehes in diameter or 37 isehes ia eireMmfereaee measured f-our and oae half feet aeo'/e gr-o{;lfld; aBd (2) 18 good health; and (3) Not detrimeBtaI to the eommMflity (e.g., is aot diseased, eyiDg, or likely of falliag iRto puhlic opea spaee or right of 'Nay, ete.) or obscMfing safe sight distanee requirements. Sigaifieant trees shall aot iDclude red alder, eottoBwooa, poplar or big leaf maple. ~/~f~ rlt Figore 10 - Sec. 22-156g(bJ (e) Standards. (+2) Retention required. Significant trees shall be retained on the subject property to the maximum extent possible in all developments as follows: a. If 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 Ord. No. , Page 68 to 25 percent of the significant trees which existed on the subject property prior to commencing any development activity. b. All significant trees located within any required perimeter landscaping area shall be retained and/or replaced. c. Significant trees required to be retained within on-site sensitive areas can be used toward satisfying the 25 percent on-site significant tree retention regulations. d. All 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. The significant tree retention requirements of this chapter shall not apply to the city center zoning district. f. There shall be no cutting of significant trees without authorization from the city for the purpose of preparing that site for future development. g. 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 broadleaf 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. h. Article XIX of this chapter may apply additional, use-specific standards related to significant trees. (~J) 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. A tree surveyor cluster survey that identifies the location, size, number and species of all significant trees on the site. b. A development plan identifying the significant trees that are proposed to be retained, removed, transplanted, or replaced, including a final report on percentage retained. (~) 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 (c)(1)(a) of this section, provided the tree meets at least one of the following criteria: a. The tree is located in a grouping of at least five trees with canopies that touch or overlap; or b. The tree provides energy savings through winter wind protection or summer shading as a result of its location relative to proposed buildings; or c. The tree belongs to a unique or unusual species of native or non-native tree not usually found locally. (4,2,) 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 ef community de'lelopment 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. (,)..Q) When required significant trees cannot be retained (see subsection (c)(4) of this section), significant trees that are removed shall be replaced with: a. Transplanted or retained on-site trees four-inch caliper or larger, which meet the definition of significant tree in all manner except size, and approved by the commHflity ee'/elopment director, based upon the director's assessment ofthe location of the tree in relation to the proposed site development; or b. New 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. Ord. No. , Page 69 (61) The following management practices shall be observed on sites containing significant trees, to provide the best protection for significant trees: a. 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 Way; b. A 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.;.h-A ~temporary five-foot chain-link fenc~ or ~ 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; c. No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the no disturbance area; d. If 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; e. The grade level shall not be lowered within the larger of the two areas defiDed as follo'.V5: 1. +he- the drip line of the tree(s); or ~ the area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four feet above the ground; f. Alternative protection methods may be used if accepted by the director ef eommuDity developmeBt department to provide equal or greater tree protection; g. Encroachment 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, ~ 4, 4-20-93; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) SECTION 33. Chapter 22, Article XVIII, Section 22-1597, of the Federal Way City Code is hereby repealed as follows: 22 1597 Definitions. The f-ollowing words, terms and phrases, when used in this ehapter, shall haOle the meanings aseribed to them in this seetioa, exeept \vhere the eontext clearly iadieates a differeDt meaning: (1) f.baadoaed sign means my siga remainiBg in plaee after a sign has Bet beeD maiBtaiBed for a peried ef 99 or more eonseeutiye days or if the actiyit)' cODdueted on the subject property eeases fer 180 eonsecl:ltive days. (2) f.dmiRistrator means the direetor of comfllMflity ae'/elopment or hislher desigaatea Fepresefltati-ve. (3) f.dvertisea aetivity for freeway profile signs. For the pMrpose of measuriag from the ad'lertised aetivity for an iDdividual husiaess, the aistanee shall be measured from the siga to the nearest POrtiOD of that buildiDg, storage, or other stmetMre or proeessing area vi-hieli is the most regularly used and essential to the eODduet of the aetivity; and f-or a eenter iElentifieatioa siga, which ideBtifies bHsiBesses withiB a multi teRant complex, the distanee shall be measured from the sign to the Dearest portion of the eembiDed parking area of the subjeet preperty. (1) l\flimated or mOyiDg sign means an)' sign that uses movement or the appeafance of mo';ement of a sign display through the use of patterns of lights, ehaages iD eolor or light intensity, compl:lterized Sfleeial effects, video display, or through my other method, chasiDg or scintillating lights, fl1:ttteriBg or mO'ling lights, lights v/ith stroboseopie effeet, or eontainiDg elemeDts ereating souad or smell; except for the scrolliBg of a statie message, sceae, or color onto or off a sign board in ORe direction per message. (5) f.rehiteemral embellishments Signs meaas the aesthetic elements of the stractMfe that iaeludes or eaeloses a sign. They de aot iBelude any eopy, text, logos, graphies, or other elemeDt5 of the siga face or sign base, bl:lt are solely iDteadea to eahanee the aestheties of the struemral elemeDts sHffeuDding or supportiag the sign. (6) .^.'.vDing means a shelter projeetiRg from and supported by the e)(terior wall of the eHilding ana vi-hich is eODstructed of a neB60meustible framework aad covered by a fleJdble or floarigid fabrie. .^.:'.vniags can Ord. No. . Page 70 be fixed, retractable, or collapsible. t.ny strucmre that extenas aboye the adjacem parapet or roof of a supporting building is Rot ineluded withiH the defiDitioD of aWRing. (7) t. wning or canopy sign means a non electric sign OR the yertieal surface or flap that is primed on, paimed on, or attaehed to an awniRg or eanopy. IlluminatioR for the awning or canopy shall be for safety purposes oDly, aRd therefere, shall point to'.vara the grouDd and ROt illuminate the canopy. (See also "Marquee sign.") D '\ ---- k7~ a~.... SiIIIt'allM Figure 1- Awning or CanoPl" Sign (g) Balloon means a decorative iRflatable deyiee, generally eemposed of a thin layer of lateK or mylar, into ',vhieh a gas (typieally helium) is insertea in oreer to cause it te rise or float in the atmeSflhere. (See also "Inflatable adyertisiDg de':ice.") (9) Baaner means a sign made €If fabric or any nonrigid material with RO onclesiRg framework. (10) BillboaFa means permanent 01:ltaeer aa-vertising off site signs centaining a message, eemmereial er otherwise, unrelatea te any use or activity OR the subjeet property en which the sign is leeated, hut Bot iDeluding ciyic eyent signs, signs oriented tQ the interior of sports fields, government signs, or iDstructioDal signs. (11) BuildiDg mOl:1Dted signs means aIrY sign attached to the faeade or face of a buildiRg or mansard roof iDcluding without limitation wall signs, marquee signs, under caaopy signs ana prejeeting signs. (12) CabiFl:et sign means a sign eQnstrueted of a box, rigid material, or frame''yQrk eyer or 'NithiB whieh is seeurea the sign eopy, text gFaflhics, er ether sign elements. Cabinet signs may have either interier or exterior illumiaation. -- I " ,,,",, ,.I II fr .A;: Figure 2 - Cabinet Sign (13) Caaopy BuildiDg means a rigid, multi sided structure eoyered with fabric, metal, or other material and supported by a building at ODe or more points or eKtremities and by eolumns or posts. embedded in the grol:1Dd at other points or extremities. .A.ny strueture which extends above any acljaeent parapet or roof of the supportiHg building is not iReluded within the definitioR of a buildiDg caROpy. (11) Canopy FreestaDdiRg means a rigid, multi sided struemre eoverea with fabrie, metal, er other material and supported by ODe or more posts embedded iD the grouRd. (15) Canopy sign. See ";\wning or eanepy sign." (16) Center identification sign means a bl:1ilding moutHed or freestaRdiHg sign that identifies the Ramo and/or logo of a development contaiDiDg more than one office, retail, iHstitutional or industrial use or tl:JRant ana which may separately idemify the tenants. Ord. No. , Page 71 (17) Changeable eopy SigD means a sign vlhose informatioDal eoatent ean be chaRged or altered (without ehangiDg or altering the sign frame, sign supports or eleetrieal parts) by maDual or electric, eleetro mechanical, or electronic means. '^1 sign on whieh the message ehanges more than eight times a day shall be cOflsidered an eleetronic ehangeable message sign and not a ehaflgeable eep)' sign for purposes of this ehapter. '^1 sign OD whieh the changiDg is an eleetronic or meehanieal iDdieation of time and/or temperature shall be eonsiderea a ''time and temperature" sign ana not a changeable copy sign. (18) City means the eity of Federal 'Hay, a WashiDgton munieipal eorporation, unless the eontext dearly indicates otherwise. (19) Clearvievl zone means the definition set forth in FWCC 22 1151 et seq. of this Code fer interseetion sight distanee requirements. (20) Commuflity service e"eflt or ciyie event means an eyent or gathering (such as a foea fest, eOflcert, faD roD, cultural exhibitiofl, or eharitable fafld raising event) spensored by a flriyate or pHhlie nonprofIt organization. SpoDsoriBg organizatioDs cafl iReIude, bat are not limited to, sehools, ehurehes, andf{)reiyic fraternal organimtions, theater and arts groups, and charitable organi:retioRs. The e'/ent may flOt ee primarily f{)r the pMrpose of selliRg or promoting merehanaise or serviees. (21) COflstraetiofl sign means a temporary sign identifyiflg an aFehiteet, ceatraetor, sHheoRtFaetor, ana/or material supplier partieipating in eeDstruction on the property on whieh the sign is loeated. COflstruetioR signs also inelude "Coming SOOD" afld "OpeR During Construetion" signs. (22) COP)' means the gr~hic eontent of a sign. surfaee in either permaneDt or remevable letter, pietographie, symbelie, er alphabetic f{)rm. (23) Directioflal sign, on site means a sign giviflg direetiofls, instruetions, or faeility information and which may eODtaiR the flame or logo ef an establishment but ne adyertisiflg eeflY (e.g., parkiflg, exit or entranee signs). (21) Electrieal sign means a sign er sign struetare in '."hich electrieal wiriDg, eeRneetiens, or fixtures are tiSeEh (25) Electronic 6hangeable message sign means an eleetroflically aetivated sign '.yhese message eontent, either whole or ifl flart, may be ehanged by means ef eleetronie flrogramming. (26) Exposed building faee means the euildiDg exterior wall of a single oecupant buildiDg or the building exterior wall of an individual tenant's leased sflaee in a multi tenant eomplex, iReludiflg the yertieal distance betweefl eaves ana riage of a pi-tehea reef abo'/e it, usea fer sign area ealeulatioR for builaiflg mountea signs. (27) Faeade meaflS the entire building front including the parapet. (28) F estooDS means a string of ribbofls, tinsel, small flags, or piflv:heels. (29) Flag means any pieee of cloth of iDdiyidual size, color and aesign, used as a symbol, signal, emblem or for deeoratioD. (30) FlashiDg sign means a sign '.WieR any flortion ef it ehanges light inteDsity, s-'lIitehes on ana eff in a eORstant pattern, or eontaifls moviDg parts or the optical illusion of motiofl eaased by use ef eleetrieal energy or illumiDatioH. (31) FreestaRding sign means a sign supported permanently UpOfl the ground by poles, pylODS, braees or a solid base and not attached to any building. Freestanding signs iflelude those signs otherv:ise knov.'fl as "pedestal signs," "pole SigDS," "pylofl signs," and "momHBent signs." r Sign He 'ont ..." / 1 Ord. No. , Page 72 Sign Height Figure 3 - Freestanding Sign (32) Frofltage means the leflgth of the property line aloflg aftY pub lie right of way en which it B0rders. (33) FroBtage, Building means the length of an outside building 'Nail eD a publie right ef way. (31) Fuel priee sign means a sign displayiflg the flriee of fuel for motorized '/ehieles. (35) Graffiti means the iascriptioa of symbols, '.'lords, or flicWres by paiati8g, spray painting or other means of defaeiflg public or pri'/ate property. (36) Grand opefliflg means a promotional aeti'/ity used by newly establishea b\:lsiflesses to i8ferm the flublic ef their Ie cation ana serviees a'/ailable to the community. '^A gFand epefli8g dees flet mean aR anDual or occasioDal promotiofl of retail sales or other serviees, and does not iflelude a change ifl oW8ership, remodeliHg, or other change iDeideBtal to the iDitial establishment ef the busiDess. (37) GreliHa mounted sign meaRS a fledestal sigH, pole, flYlofl, mOfHiffient sign, or any sign permanently affixed to the grouDd. (38) Go';ernment sign means any temporary or permanent sign erected and maintaifled by any eity, public utility, county, state, or federal gO'/emment for designatioD of or aireetioD to any sehoel, hospital, hosflital site, property, or facility, i8cluding '.'lithout limitati08 traffic signs, directional signs, V.<ami8g signs, informatieflal signs, and signs displaying a public service message. (39) Height (of a sign) means the vertieal distaBee measured from the highest peint ef the sign to the grade of the adjaceRt street or the surface grade befleath the sign, whiche'/er is less. (10) ,Identification sign means a sign whose copy is limitea to the Dame and aadress of a building, iHstitution, or perSOfl and/or to the aeti'/ity or ocoupation beiDg identified. (11) IdeDtificatioD sign (subdiyisiofl) means a fr.eestanding er wall sign identifyiflg a reeognized subdiyision, eondomiDium complex, or residential development. (12) IllumiDated sign means a sign 'Nith an artifioiallight souree iDeorporated internally er eKtemally for the pMrpose of illumi8ating the sign. (13) Iaeidental sign means a small sign, emblem, or deeal iflformiDg the pUBlic of goods, facilities, or serviees available OD the premises (e.g., a credit card sign or a sign i8aieatiDg hours of Busi8ess ). ( 11) Inflatable advertisiag deyice means afl advertisiDg devioe that is iflflated BY some means ana used to attract attention, adyertise, promote, market, or display goods afldlor serviees. These deviees inelude large siflgle displays or displays of smaller balloons eOlmeotea ifl some fashioR to create a larger display. (15) Instruetional sign means a sign v/hieh aesignates publio iDformatiofl iDcluding, withom limitation, public restroom signs, flublio telephone signs, exit signs ana hOUTS of operatiofl signs. (16) Integral sign means a sign displayiflg a buildiDg date, mOflument citation, commemoratiye inscription, or similar historie information. (17) Kiosk means a freestaBdiDg sign, which may have a round shape or whioh may ha'le two or more faoes aDd v/hieh is used to proyide direetioDs, adyertisiDg or gefleral iHformatioD. (18) MaiBtenanee (of a sign) means the cleaning, paifltiDg, and miDor repair of a sign in a manner that does not alter the basic design, size, height, or stmeWre of the sign. (19) Marquee sign means any sign attached to or sUflported by amarquee, '.Wiieh is a flermanent roof like projectiflg struetl:1re attached to a buildiDg. Ord. No. , Page 73 (50) Menu board meaflS a permaflefltly mounted sign ad'/ertising tHe bill of fare for a drive iR or driye tHrough restaurant. (51) MODlffilent sign meaRS a freestanding sign supported permanentl)' upon the groufld by a solid base of landseape eOflstmetiofl materials sueh as brick, stucco, stofle'.vork, texmred wood, tile or te*tur.ed concrete materials harmonious with the materials of the primary stmeture OD the subject property. (See ara--:/ing set forth iD FWCC 22 1602(c)(2), Figure 8.) (52) Multi tenant complex means a complex eontainiflg two or more uses or businesses. (53) Multiuse eomplex means the defiflition of "multiuse eomplex" set forth in FWCC 2Ll. (51) Mural meaflS a aesign or repfeseBtatiofl that is painted or drawn on the exterior surface of a straeture and that does not aa.'/ertise a business, product, serviee, or aetivity. (55) Nameplate means a DOD eleetrie Ofl premises identifieatieR sign giying only the flame, address, and/or oecupation of an eec\:lflant or group of oeeupants ofthe buildiflg. (56) Neon (outliDe tubiDg) sign means a sign eonsistiflg of glass tubing, filled with neon gas, or other similar gas, '::hich glo'Ns vmeD electric current is sent threugh it. (57) NOflcenfermiag sign means afty sign, which VIaS legally iR existeDee on the effeeti'/e aate of this Coae, February 28, 1990, or on the effeeti'le date of aflflexation if loeated iR areas aBflexed to the eity thereafter, but .....hieh aoes Rot eomply with this artiele or afty other sections ofthis Coae. (58) Notice ef determination means the determiBatioR that the eity issues as to '.Wiether a sign eeRferms to this artiele and other sectiofls of this Coae. (59) Obsolete sign means a sign that adyertises a pre duet that is DO longer made, a bHsiRess that is flO longer ifl eperatioR, Of an aetivity er event that has already eeeurred, exeept for historical signs. (60) Off site sign means a sign relating, threugh its message and eontent, to a busiDess actiyity, use, prodHct, or service ROt a'lailable OR the subject preperty on whieh the sign is leeatea. (61) OD site sign means a sign which eontaiRs enly aavertising strictly applieable to a lawful use of the subjeet property on '.Wiieh the sign is loeated, ineludiflg without limitation signs iaaieatiflg the business transactea, prineipal services refldered, and goods sol6 or proaueea on the sMbjeet property, eT Rame ef the busiRess aRd Rame of the person occupyiRg the suejeet property. (62) Person B'leans any iRdividual, eorporatien, assoeiation, firm, partnership, or othef legal entity. (63) Pedestal means freestandiflg signs s\:lflperted permanently upon the groufld by a selid ease of landscape eonstruetiofl materials such as briek, staeee, stonework, textured weod, tile er teKtared concrete materials karmoDious with the materials ef the primary strMcmre OR the subjeet property. Such base shall be equal to at least 50 percent of the sign width. (See dra--.viflg set f{)rth iD FWCC 22 1602( e)(1), Figure &:j (61) Point of pHrehase aisplay or sign means an aa.'1ertisement fer an item aecompanyiag its display ifldicatiHg oRly iRstructions and the eontents er purpose of the item (e.g., aD adyertisement on a preauet dispeflser, tire display, recycliflg containers, collection coBtaiDers, gas pumps, phofle booths, etc.). (65) Pole or pylofl sigfls means freestafldiDg signs supported permanefttly upon the groufld by poles Of bfaees of materials such as brick, stucco, stonework, textured '.vood, tile or textured eoncrete materials harmonious with the materials of the primary strucmre Ofl the su~ect preperty and Dot attaehed to any bHildiDg. (See afa',ving set forth in FWCC 22 1602(e)(1), Figure 7.) (66) Politieal signs means temporary signs ad':ertising a cafldidate or eandidates for pablie elective office, or a politieal party, or sigHS urgiDg a particular '/ote on a publie issue deeidea by ballot iD conflection with loeal, state, or Dational eleetioD or refer.eadum. (67) Portable sign means any sigH desigfled to be moyed easily and Rot permanently affixed to the grouDd or to a struetare or buildiDg. Portable signs differ from temporary signs ifl that portable signs ar.e made of durable materials such as metal, wood, or plastic. (68) Pre opefliDg sign means a temporary sign Ylhich ideDtifies a new bHsiDess moying iBte a ne':l tenant space or buildiag. The sign must iDclude the name of the business and eepy StatiDg the bHsiDess 'Hill open E "G . S " "9 . S "t) SOOR e.g., omlng oon... pefllRg eon..., e e. . (69) Pri,/ate advertisiRg sign means a temporary sigfl anfloMfleiflg an event, use or eORditien of personal eOflcem to the sign user in eluding 'Hithout limitation "garage sale" or "lost animal" signs. Ord. No. , Page 74 (70) Private notiee sign means a sign anflouneiDg a restriction or v.'amiDg regardiBg the subject property, such as, but Hot limited to, "no trespassing" or "beware of dog." (71) ProjeetiDg sign means a sign, other than a flat Viall sign, which is attached to afld projeets from a building wall or other structure Dot speeifically desigfled to support the sign. SIGN DO DO o 0 I I Figure 4 - ProjediI'1g SigI'1 (72) Publie right of way means land owned, dedicated or eonveyea to the pablie, used primarily f{)r the moyemeBt of vehieles, wheelchair and pedestrian traffic and Right of way may iDclude laRa privately oWRed, used primarily for the mO'/ement of '/ehieles or pedestrian traffic, SEl long as such privately o'lIned land has beeR censtmeted ifl eompliance with all afJplicable 1a--i'lS ana standards for a publie right of way. (73) Real estate, off site sigH means a portable or temporary sign anRouflcing the proposed sale of property other than the property upon which the sign is located and proyidiDg direetiens to the subjeet property. (71) Real estate, OD site sign means a sign plaeed Ofl the sMbject property and anRouDcing the sale or rental of the subject property. (75) RegistratioD stieker means the stieker that is assigned to a sign that has been iftveBtoriea afla has been determined to comply with this article ana other sections of this Code. (7G) Roof sigH means any sign erected, eonstrueted, or placed upon, oyer, or extended above any portion of the roof of a building or strnctMfe, excluaing sigHS affixed to the vertical face of a mansaFd or glHflbrel style roof, in whieh case a roof sign is any sigH erected, constrMeted, er plaeed UpOD, e'/er, or exteDded above the lowest vertical sectioD of a mansard or gambrel roof. Ord. No. , Page 75 (77) Sign means any commuDication deyice, structure, fixture, or placard that uses colors, 'lIords, letters, numbers, symbols, grllflhies, graphic designs, figures, logos, trademarks, and/or vlritten copy for the purpose of: (a) Pro'/idiflg information or direetions; or (b) Promoting, identifying, or advertising any place, buildiDg, use, busifless, e'/ent, establishment, pro duet, good, or service, and inel'l:laes all supports, braees, gays, afla anchors assoeiatea viith sueh sign. Painted wall designs or patterns whieh do not represent a proauct, serviee, or registered trademark, and which do not identify the user, are Dot cOflsidered signs. If a painted wall design or pattern is eembined 'Nith a sign, onl)' that part of the design or pattern ',Wiieh eaflflot be distiDgaishea from the sign will be consiaered as part of the sign. (78) Sign area means the entire area of a sign on which colors, words, letters, numbers, symbols, graphies, grllflhie design, figures, logos, traaemarks and/or ',witteD copy is to be plaeea, ex,eluding sign structure, architectural embellishmeBts afld framework. Sign area is ealeulated by measuring the perimeter eDclosiDg the e)(treme limits of the module or sign face containiDg the gTllflhies, letters, figures, symbels, trademarks, and/or 'NTitten copy; proviaed, ROYle':er, that exeeflt that sigH area is ealeulated for indi':idual letters, D1:Hflbers" or symbols using a eaBepy, a'.vniDg or wall as the baekgr.eund, withem aadea decoration or eaange iD the canopy, a',\1iiBg or Viall color, ha'/e sign area ealeulated by measuring the perimeter enelosiBg eooh letter, Bumber" or symbol and totaliflg the sq'l:lare motage ofthese perimeters. Grocery I G+r+o+c+e+r+y '" Sign AAJ8 "a" .c. . d'" Y,e- I~x (t>oIof:~) .. SIgn Ant. I Figure 5 - Calculating Sign Arc Ord. No. , Page 76 (79) Sign face means the area of a sign on which the colors, words, letters, numbers, symbols, graphies, graphic design, figures, logos, trademark aRdlor written eopy is placed. (80) Sign iDyentory sticker means the sticker that is assigned to any sign after it has been iD'/entoried and determiHed to be a legal HODconformiHg sign. (81) Sign inyentory sticker Dumber means the iB''16ntory Rumber that is assigBed to a sign after it has been ilWeHtoried and determined to be a legal DonconformiRg sign. (82) Sign registration meaRS the approyal issued to aBJ sign that has an approved sign permit ana that has passed all iDspeetions r6qMired by the eity, or is in cOHformanee with this Code after an analysis eeRdHetea as part of a sign inventory. (83) SHipe sign means a temporary sign or poster posted on trees, feaees, light posts or utility peles, except those posted by a gevemment or pub lie utility. (84) Temporary SigD means a sign Dot cODstmcted or inteRded for long term Hse. (85) TeRaDt directory sign means a sign fer listing the teRaflts or oeel:tpants and then suite nHmbers of a buildiRg or ceRter. (86) Time aDd temperature sign means any sign that displays tHe current time and tem)3eratHro, without any eommereial message. (87) Under eaBOpy sign means any sign iateRded geRerally to attraet pedestrian traffic S1:1Sfleaaed beaeath a eanopy or marquee which is at a 90 degree right angle to the adjacent e*posed bHilaiDg face and vi-hieH coBtaias RO commercial messages other than the Rame of the bHsiRess. (88) Vehicle sign means a sign temporarily affix.ed or attached to a parkea yehiele for the pHrflose of aayertisiDg a product or service, or providiDg aireetieas to sueh flr<>duets or serviees. (89) Wall siga means either a sign applied 'Nith paint or similar substance OR the sHrfaee ef a wall or a sign attached esseatially parallel to and exteRding not more than 24 iRehes from the wall of a building with ao copy OR the side or edges. (90) Warniag sign means any sign '.vhieh is inteDdea to warn persons of prohibited aetivities such as "Be trespassiDg," "DO hURting," and "DO dumpiDg." (91) WiDdow sign means all signs affixea to a wiDdo'N and inteRded te be yievted from the exterior of the structure. (Ord. No. 95 235, ~ 4, 6 6 95; Ord. No. 99 318, ~ 5, 9 7 99; Ore. No. 99 357, ~ 5, 12 7 99; Ord. No. 05 186, ~3, 1 19 05; Ora. }ole. 05 187, ~ 3, 4 19 05; Ord. We. 05 501, ~ 3, 10 1 05; Om. Ne. 06 523, ~ 3(Exh. ,^.), 1 18 06) SECTION 34. Chapter 22, Article XIX, Section 22-1630, of the Federal Way City Code shall be amended to read as follows: 22-1630 Purpose. The purpose of this article is to: (1) Implement community design guidelines by: a. Adopting design guidelines in accordance with land use and development policies established in the Federal Way comprehensive plan and in accordance with Crime Prevention Through Environmental Design (CPTED) Guidelines. b. Requiring minimum standards for design review to maintain and protect property values and enhance the general appearance of the city. c. Increasing flexibility and encouraging creativity in building and site design, while assuring quality development pursuant to the comprehensive plan and the purpose of this article. d. Achieving predictability in design review, balanced with administrative flexibility to consider the individual merits of proposals. e. Improving and expanding pedestrian circulation, public ~ space, and pedestrian amenities in the city. (2) Implement Crime Prevention Through Environmental Design (CPTED) principles by: Ord. No. , Page 77 a. Requiring minimum standards for design review to reduce the rate of crime associated with persons and property, thus providing for the highest standards of public safety. b. CPTED principles are functionally grouped into the following three categories: 1. Natural Surveillance. This focuses on strategies to design the built environment in a manner that promotes visibility of public spaces and areas. 2. Access Control. This category focuses on the techniques that prevent and/or deter unauthorized and/or inappropriate access. 3. Ownership. This category focuses on strategies to reduce the perception of areas as "ownerless" and, therefore, available for undesirable uses. c. CPTED principles, design guidelines, and performance standards will be used during project development review to identify and incorporate design features that reduce opportunities for criminal activity to occur. The effectiveness of CPTED is based on the fact that criminals make rational choices about their targets. In general: 1. The greater the risk of being seen, challenged, or caught, the less likely they are to commit a cnme. 2. The greater the effort required, the less likely they are to commit a crime. 3. The lesser the actual or perceived rewards, the less likely they are to commit a crime. d. Through the use of CPTED principles, the built environment can be designed and managed to ensure: 1. There is more chance of being seen, challenged, or caught; 2. Greater effort is required; 3. The actual or perceived rewards are less; and 4. Opportunities for criminal activity are minimized. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 99-333, ~ 3, 1-19-99; Ord. No. 00-382, ~ 3, 1-16-01; Ord. No. 03-443, ~ 3, 5-20-03; Ord. No. 06-515, ~ 3, 2-7-06; Ord. No. 07-554, ~ 5(Exh. A(15)), 5-15-07) SECTION 35. Chapter 22, Article XIX, Section 22-1633, of the Federal Way City Code is hereby repealed as follows: 22 1(,JJ DefinitioRs. (1) '^1etive Hse(s) means uses that by their very nature generate activity, and thus opportasities for satural sHrveillaDce, SNch as pienic areas, extracurrieular SCHool actiyities, eJ(-ereise groups, etc. (2) ,^scade means a liDear peaestrian v/alkway that abHts ana nms along the meade of a buildiDg. k is cl:>'Iered, bm Dot eDclosed, and epen at all times to pHblic use. Typieally, it has a line of eolumns along its efleR side. There may be habitable space above the arcade. (3) .^~WSiDg means a roof like coyer that is temporary er portable iD Rature and that projeets from the Viall of a buildiHg for the purpose of shieldiDg a deorway or wiRdow from the elements. (4) Canopy means a permaneDt, cantileyerea extension of a bHildiDg that typieally projects over a pedestrian wallC';vay ablttting ana ruRning aloDg the facade of a buildisg, 'lIith no habitable spaee aboye the eanopy. l~ eanopy roof is eomprised of rigid materials. (5) Commoa'.,.QLopen space area meaHS-.!!!Larea ''vithiR a deyeloflmeRt, which is use a primarily by the occupants of that developmeDt, sueh as an entryway, lobby, courtyard, omside dining area, ete. (6) Natural surveillaHce means easy obsen"atioR of buildings, spaces, and activities b)' people passiDg or liyiR&..:'workin&-Qr /reereatisg nearby. (7) ParkiHg structure means a building or structure eonsisting of more than ODe level, above aRMor bele'll ground, aDd used for temporary storage of motor '/ehieles. (8) Plaza means a pedestrian spaee that is available f>()r public use and is situated near a maiD eRtranee to a lmildiDg or is clearly visible and aeeessible from the adjaeent right of way. Typieal features and Ord. No. , Page 78 fHrnishings iBelude special paving, landseapiDg, pedestrian scale lightiDg, seating areas, v.'eather protectioR, water f.eatures, art, trash reeeptacles, and bieyele raeks. (9) Public on site opeD space means a passive and/or aeti'/e recreational area designed specifically for Hse by the geReral pub lie as opposed to serving merely as a setting for the lmilding. Such areas may include parks, gardens, plazas, entrance lobbies, arboretums, solariums, aRd bandstands, or an appre'/ea combiDatioD thereof, ana may eontaiR exterior and/or interior spaces. Such areas shall be easily aeeessible from aajacent public areas ana a'/ailaele to the public at least 12 hoars eaeh weekday. Public on site open spaee may be privately o''viled, bMt mHst be permanently set asiae and maintaiRed for the use ana beReflt of the public. (10) Right of '.vay means land o'Nned, dedicated or eonyeyed to the puelie, Hsed primarily for the mOyemeDt ef vehicles, wheelchair and pedestrian traffie and Right of way may include land priyately oVlDed, Hsed primarily fer the mo';ement of vehieles or pedestrian traffie, so lang as sueh priyately oWRed land has been eORstrHctea in compliance with all applieable laws aad standards for a public right of way. (11) Sight liDe means the line of ' lis ion from a person te a place or buildiDg. (12) Streetscape meaas the visual charaeter ana quality of a street as determiRea by Variel:lS elements located between the street ana building faeaaes, such as tFees and other landseapiDg, street furnimre, artwerk, transit stops, ana the arehitecmral qHality of street faeiRg buildiRg faeades. (13) Streetseape ameRities, as use a iD this artiele, means pedestriaa orieatea featHres ana fllfflishings within the streetscape, such as beneh seats or sittiRg 'Nalls, '.'/eather preteetian, water featHres, art, transit stops with seating, arehitectaral faeade treatments, gardea space assoeiated with resiaeBces, pedestrian scale lighting, landscapiDg that does Rot block '/iews Hem the stFeet or adjacent buildiags, special pa--/iRg, kiosks, trellises, trash r.eeeptaeles, and bike racks. (11) Surfaee parking lot means an off street, greooa level epea area, usually impre'/ea, fer the temporary storage ef motor '/ehieles. (15) Transparent glass means wiRdows that are traBsparent enough to permit the view of aetiyities 'Nithin a building from Rearby stFeets, side\':alks ana public spaces. Tinting er some coloratioR is permitted, previded a r.easonable level of visibility is aehie'led. Reflectiye or yery dark timea glass aoes not accomplish this abjecti'/e. (16) Water feamre means a fo\:IfltaiD, cascade, stFeam '.\<ater, water wall, vlater sculpmre, er reflectioD pORd. The purpese is to serve as a focal point for peaestrian aetivity. (Ord. Ne. 96 271, ~ 3, 7 2 96; Ord. No. 99 333, ~ 3, 1 1999; Om. No. 00 382, ~ 3, 1 16 91; Orn. No. 03 113, ~ 3, 5 20 93; Ord. No. 96 515, ~ 3, 2 7 06) SECTION 36. Chapter 22, Article XIX, Section 22-1638, of the Federal Way City Code shall be amended to read as follows: 22-1638 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (a) Professional office (PO), neighborhood business (BN), and community business (Be). (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (4) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the Ord. No. , Page 79 scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined by Article XVII, shall utilize vinyl-coated mesh, powder- coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. F or residential uses only: (7) All significant trees within a 20-foot perimeter strip around the site shall be retained and/or replaced within the applicable required landscape buffer. (8) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (9) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (10) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. (11) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. 20' Figure 16 - Sec. 22 - 1638 (a) (12) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. Figure 17 - Sec. 22 - 1638 (a) (13) Common recreational spaces shall be located and arranged so that windows overlook them. Ord. No. , Page 80 Figure 18 - Sec. 22 - 1638 (a) (14) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. Figure 19 - Sec. 22 - 1638 (a) (15) All new buildings, including accessory buildings such as carports and garages, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. Figure 20 - Sec. 22 - 1638 (a) (16) Carports and garages in front yards should be discouraged. (17) The longest dimension of any building facade shall not exceed 120 feet. Buildings on the same site may be connected by covered pedestrian walkways. (18) Buildings should be designed to have a distinct "base," "middle" and "top." The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single-story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. If. ~111\~ -"; I - SL~"; '.' - . (l~k (tJ ~ Ord. No. , Page 81 (19) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (20) Subsection (a)(13) of this section shall apply to self-service storage facilities. (b) Office park (OP), corporate park (CP), and commercial enterprise (CE). (1) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634(d). (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way. (3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (4) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features. (5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined in Article XVII, shall utilize vinyl-coated mesh, powder- coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For non-single-family residential uses only: (7) Subsections (a)(5) through (a)(17) ofthis section shall apply. (c) City center core (CC-C) and city center frame (CC-F). (1) The city center core and frame contain transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights-of-way and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject to the following criteria: a. In the city center core, surface parking and driving areas may not occupy more than 25 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. b. In the city center frame, surface parking and driving areas may not occupy more than 40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. c. A greater amount of parking and driving area than is specified in subsections (c)(I)(a) and (b) of this section may be located along other rights-of-way; provided, that the parking is not the predominant use along such right-of-way, as determined by the director. (2) Principal entrance facades shall front on, face, or be clearly recognizable from the right-of- way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. (3) Building facades shall incorporate a combination of facade treatment options as listed in FWCC 22-1635(b) and 22-1635(c)(2), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: a. Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian-oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated roof lines, forms, and heights; architectural Ord. No. , Page 82 articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. b. Secondary facades not containing a major building entrance, or located along a right-of- way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian-oriented than in subsection (c)(3)(a) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. c. Principal facades of single-story buildings with more than 16,000 sq. ft. of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (4) Pedestrian pathways shall be provided from rights-of-way, bus stops, parking areas, and any pedestrian plazas and public eft site open space to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights-of-way, or from the right-of- way nearest to the principal building entrance. Multiple-tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross-site pedestrian pathways shall have a minimum clear width of six feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be protected from abutting parking and vehicular circulation areas with landscaping. (5) Drive-through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FWCC 22-1634(g)(2)(b), (c), and (d). (6) Above-grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: a. Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or b. A 15-foot-wide strip of Type III landscaping along the base of the facade; or c. A decorative grille or screen that conceals interior parking areas from the right-of-way. (7) Facades of parking structures shall be articulated above the ground level pursuant to FWCC 22-1635(c)(1). (8) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (9) Chain-link fences shall not be allowed. Barbed or razor wire shall not be used. (10) For residential uses, subsections (a)(6) through (a)(9), (a)(11), (a)(12), (a)(14), (a)(16), and (aX!7) of this section shall apply. (d) For all residential zones. (1) Nonresidential uses. Subsections (a)(5) through (a)(10) and (a)(13) through (a)(17) of this section shall apply. (2) Non-single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(5) through (a)(17) of this section shall apply. (3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9), (a)(11) through (a)(14), and (a)(17) of this section shall apply. (Ord. No. 96-271, 9 3, 7-2-96; Ord. No. 99- Ord. No. , Page 83 333, S 3, 1-19-99; Ord. No. 00-382, ~ 3, 1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 05-506, ~ 3, 10-18-05; Ord. No. 06-515, S 3,2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) SECTION 37. Chapter 22, Article XIX, Section 22-1640, of the Federal Way City Code shall be amended to read as follows: 22-1640 Design criteria for public an site apen space. The following guidelines apply to public OD site open space that is developed pursuant to Article XI, Division 8, of this chapter. All public epeB space proposed under this section shall meet the definition of public on site open space as set forth in this article and all of the following criteria: (1) The total minimum amount of public epeB space that shall be provided in exchange for bonus height is equal to 2.5 percent of the "bonus" floor area, in gross square feet; provided, that the total public epeB space area shall not be less than 500 square feet. (2) The public epeB space may be arranged in more than one piece if appropriate to the site context, as determined by the director. (3) The public epeB space shall abut on, or be clearly visible and accessible from, a public right-of- way or pedestrian pathway. (4) The public epeB space shall be bordered on at least one side by, or be readily accessible from, structure(s) with entries to retail, office, housing, civic/public uses, or another public eJ*m space. (5) The open space shall not be located on asphalt or gravel pavement, or be adjacent to unscreened parking lots, chain-link fences, or on-site blank walls, and may not be used for parking, loading, or vehicular access. (6) The open space shall be sufficiently designed and appointed to serve as a major focal point and public gathering place. It shall include a significant number of pedestrian-oriented features, furnishings, and amenities typically found in plazas and streetscapes, and as defined in this article, such as seating or sitting walls, lighting, weather protection, special paving, landscaping, trash receptacles, and bicycle racks. In addition, the open space(s) should provide one or more significant visual or functional amenity such as a water feature, artwork, or public restroom, and should allow for active uses such as vending, farmers' markets, live performing arts space, and art shows. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 99- 333, ~ 3, 1-19-99; Ord. No. 00-382, ~ 3, 1-16-01; Ord. No. 03-443, ~ 3, 5-20-03; Ord. No. 06-515, ~ 3, 2- 7-06; Ord. No. 07-554, ~ 5(Exh. A(15)), 5-15-07) SECTION 38. 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 39. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one; changes made in this ordinance are intended to be in addition to any Ord. No. , Page 84 changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. SECTION 40. Corrections. The City Clerk and the codifiers ofthis 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 41. Ratification. Any act consistent with the authority and prior to the effective date ofthis ordinance is hereby ratified and affirmed. SECTION 42. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of , 2008. CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, 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.: K:\2008 Code Amendments\Code Re-organization\Planning Commission\LUTC definitions 2 (2).doc Ord. No. , Page 85 EXHIBIT E CIVIL ENFORCEMENT, PENALTY, AUTHORITY, AND PROCEDURE UPDATE FOR LAND USE ORDINANCE NO. AN ORDINANCE RELATING TO CIVIL CODE ENFORCEMENT, ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 1,5, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,20,21, AND 22 OF THE FEDERAL WAY CITY CODE. WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found redundant sections and language as well as unclear sections, inaccurate sections, and other sections that could be revised for better readability and workability; and civil code enforcement regulations can be simplified and consolidated; WHEREAS, certain Code provisions need to be modified to coordinate with state and county law requirements in areas of civil code enforcement; WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change numbering or formatting changes that occur pursuant to the reorganization of the Code and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to update its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of F ederal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest ofthe residents ofthe city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 1, Article I, Section 1-1 of the Federal Way City Code shall be amended to read as follows: 1-1 How Code designated and cited. The ordinances embraced in the following chapters and sections shall constitute and be designated the Federal Way Gity Revised Code, and may be so cited. The Code as it existed prior to 2008 was known as the Federal Way City Code and a reference to either. or a section of either. shall be deemed a reference to the other or the corresponding section of the other. Ord. No. , Page 1 SECTION 2. Chapter 1, Article I, Section 1-2 of the Federal Way City Code shall be amended to read as follows: 1-2 Definitions aDd rules of eonstruetian. 1ft the eOflstructiofl of this Coae, and of all ordiflaflces, the followiHg rules shall be observed, uHless such construetioH would be iDeODsistent with the manifest iDt.eat of the city couacil: The definitions in this section apply throughout the Code unless the context clearly requires otherwise or they are more specifically defined in a title. chapter. subchapter. or section. Terms not defined shall be given their usual meaning. Abate means to repair. replace. remove. destroy. or otherwise remedy a condition which constitutes a violation of this chapter by such means and in such a manner and to such an extent as the applicable department director. enforcement officer. or other authorized official determines is necessary in the interest of the general health. safety. and welfare of the community. Act means doing or performing something. Applicant means a person who. whether personally or through an agent. seeks. requests. submits. or applies for any permit. approval. license. franchise. development proposal. or capacity reserve certificate (CRC): and also a person who is the owner of a property in the City of Federal Way who is engaged. whether personally or through an agent. in development. Applicant includes both the principal and any agent. Boards, committees, eommissions, offieers, employees, aepartments, ete~ '}fheflO'/er refereBee is made to a boara, eommittee, eommission, officer, emflloyee or deflartment, ete., it shall mean the same as if it v/ere followed by the words "ofthe city of Feaeral Way, Washiflgtefl." City. The wera "eity" shall mean means the City of Federal Way, Washington, and shall extend to and include its several officers, agents2 and employees. City council, couDcil. The terms "eity council" and "couflcil" shall mean or council means the city council of the City of Federal Way, Washington acting in its official capacity. Civil violation means a violation for which a monetary penalty may be imposed. except traffic infractions Code. The word "Code" shall mean means the Federal Way ~ Revised Code (FWRC). and includes any valid ordinances adopted by the City even though they have not been codified. Computation of time. Ifl eomputiftg any period of time flreseribed or allowed by this Ceae, the day of the act, eyeat or default from which the desigaated period ef time begins to rufl shall Het be iHeluded. The last day of the period so compated shall be iflcluded uflless it is a Samrday, SUHday or legal holiday iH whieh event the period shall ruD uatil the end of the flext day '.vhich is neither a Samrday, Sl:lflday or legal holiaay. When the period of time prescribed or allev:ea is less than seyen days, intermediate Samrdays, SMfldays afld legal holidays shall be exeluded ifl the computation. Costs means. but is not limited to. contract expense and city employee labor expense incurred in abating a nuisance: a rental fee for city equipment used in abatement: costs of storage. disposal. or destruction: legal expenses and attorneys' fees associated with civil judicial enforcement of abatement orders or in seeking abatement orders: and any other costs incurred by the city excluding. however. fees and expenses associated with appeals authorized by this chapter or by state law. County. Wheneyer the vlord "county" is used it shall mean aftd refer to means King County, Washington. Curb means a cement. concrete. or asphaltic concrete raised structure designed to delineate the edge of the street and to separate the vehicular portion from that provided for pedestrians. Delegatiofl of authority. Whefleyer a provisiofl appears requiriDg the head of a deflartment or some other city offieer or employee to do some act or perf{)rm some duty, it shall be eonstrued to authorize the QQ!]Q!! head of the aepartmeDt or other officer or employee to. designate, delegate2 and ll-1::1thorize sMborainates to perform the rel.}\iirea act or perform the duty Imless the terms ef the provisiofl or Ord. No. , Page 2 section specifY othef\,'/ise aad e1wept for signing cheeks, execution of eoBtracts.. and other duties r.egardiHg finanee. Development means any human activity consisting of any construction. expansion. reduction. demolition. or exterior alteration of a building or structure; any use. or change in use. of a building or structure; any human caused change to land whether at. above. or below ground or water level; and any use. or change in use. of land whether at. above. or below ground or water level. Development includes. but is not limited to. any activity that requires a permit or approval under zoning ordinances. subdivision ordinances. building code ordinances. critical areas ordinances. all portions of a shoreline master program. surface water ordinances. planned unit develol'ment ordinances. binding site plan ordinances. and development agreements; including but not limited to any activity that requires a building permit. grading permit. shoreline substantial development permit. conditional use permit. special use permit. zoning variance or reclassification. subdivision. short subdivision. urban planned development. binding site plan. site development. or right-of-way use permit. Development also includes. but is not limited to. filling. grading. paving. dredging. excavation. mining. drilling. bulkheading. driving of piling. placing of obstructions to any right of public use. and the storage of equipment or materials. Development regulation means controls placed on development or land uses. but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance. Emergency means a situation which in the opinion of the applicable department director or decision maker requires immediate action to prevent or eliminate an immediate threat to the health. welfare. or safety of persons. property. or the environment. Enforcement official or enforcement officer means any official designated by ordinance or by the city manager to enforce the provisions of the Code or a section or sections of the Code and includes the city building official. city code enforcement officers. and law enforcement officers. GeRaer. .^~ werd importiRg either tHe masculiRe or feminiDe geRder shall extend and be appliea to both the masculiDe and f-emiDine geRders, ana te firms, partfierships and corporatiens. Highway. The term "highway" shall iDclude includes any street, alley, avenue or pablic place or square, bridge, viaduct, tunnel, underpass, overpass.. or causeway. or public place in the city dedicated or devoted to public use. "Keeper and proprietor". The words "keeper" and "proprietor" shall mean and include perSORS, firms, assoeiatiens, corpoFatioRs, clubs and eepartnerships, ',vhether actiRg by themselves or through a servant, agent.. or employee. Knowledge means being aware of a fact or circumstance or having information which would lead a reasonable person in the same situation to believe a fact or circumstance exists. A person acts knowingly or with knowledge when that person either is aware of one or more facts. circumstances. or results described by an ordinance defining an offense; or the person has information which would lead a reasonable person in the same situation to believe that facts. circumstances. or results exist which are described by an ordinance defining an offense. Month. The wora "moDth" shall mean means a calendar month. Namber. A word importiRg the siRgular may e1c:tend and be applied to the plMral, and 'lice versa. Oath. The word "oath" shall iDclude includes an affirmation iR all eases iD which where. by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed." Occupant means any person occupying or having possession of property or any portion thereof. Omission means a failure to act. Owner. The word "owner" as applied to a building or land shall iDelude includes any part owner, joint owner, tenant in common, tenant in partnership, joint tenant.. or tenant by the entirety, of the whole or of a part of such building or land. Person. The wora "person" shall exteRd and be applied to assoeiations, elues, societies, firms, partBerships and bodies politie and eorpofate as well as to iDdividuals. Ord. No. , Page 3 Person means one or more individuals. firms. partnerships. corporations. sole proprietorships. trusts. incorporated or unincorporated associations. clubs, societies. marital communities. joint ventures. governmental entities. agencies. or other entities or groups of persons. however organized. Personal property. The term "personal property" includes every species of property except real property . Property. The word "property" shall iRcluae includes real, personal~ and mixed property. Proprietor includes any person whether acting by themselves or through a servant. agent. or employee. Public plaee. The term "pub lie place" shall mean afty place subjeet te the primary eontrol of afty pHBlic ageney, iRclHdiRg bat Rot limitea to aft)' park, street, publie way, cemetery, schoolyard er epen spaee adjacent thereto and any lake or stream. Public place means any place that is in common use by. or expressly or impliedly open to. the public. whether owned or operated by public or private interests. and includes but is not limited to any street. right-of-way. parking area. sidewalk. plaza. playground. school ground. park. cemetery. lake. stream. public conveyance. or business establishment open to the public. RCW means the Revised Code of Washington. Real property. The term "real preperty" shall inelude includes lands, tenements~ and hereditaments. Right-of-way means land owned. dedicated or conveyed to the public or a unit of government. used primarily for the movement of vehicles or pedestrians and providing for access to adjacent parcels. with the secondary purpose of providing space for utility lines and appurtenances and other devices and facilities benefiting the public. Right-of-way includes. but is not limited to. any street. easement. sidewalk. or portion thereof under the jurisdiction of the city. Sidewalk. The word "sidewalk" shall mean means any hard-surfaced walkways within a right-of- way between the portion of the road designed or ordinarily used for vehicular travel any portion ef a street between the elifbliRe and the adjacent property line, intended for the use of, or ordinarily used by, pedestrians or bicycles, including driveways. Signature or subscription. The wora "signataFe" or "subseriptieB" means the act of writing or affixing in any wav a person's name or mark. whether personally or by direction or adoption. or result of such act. iDeluaes a mark '.v-heR the persoD canDot '.wite. State. The term "state" shall meaD means the State of Washington. Street. The werd "street" shall emBrace means any streets, avenues, boulevards, roads, alleys, lanes, viaducts~ and all other public ways in the city. Tenant, or occupant. The words "tenant" ana "occltpant" as applied to a building or land shall iDclude includes any person holding a written or oral lease of, or who occupies the whole or part of such building or land, either alone or with others. Tense. Words used iD the past or present teDse iRelude the f1:lt1:1re as 'Nell as the past and present. Violation means an act or omission contrary to a provision or regulation of the Code. including but not limited to any development regulations; all standards. regulations. or procedures adopted pursuant to the Code; and the terms and conditions of any permit or approval issued pursuant to the Code; and includes any act or omission at the same or different locations by the same person. Written and or in writing. The '.vords '''.vritten'' aad "iD writing" shall include includes any representation of words, letters~ or figures, whether by printing or otherwise. SECTION 3. Chapter 1, Article I, Section 1-3 of the Federal Way City Code shall be amended to read as follows: 1-3 Clltehlines of seetioBs. Rules of Construction The eatchliRes of the seyeral sectiens of this Code printea iD boldfaee t)lle are ifttended as mere catchwords to iDdieate the coBteBts of the sections and shall Hot be deemed or takeR te be titles of SHeil Ord. No. , Page 4 sections, Dor as any part of the seetions; Dor, unless expressl:y so provided, shall they be so deemed when any of sueh sectioHs, indudiHg the eatehlines, are amended or reenaeted. In the construction of the Code the following rules shall be followed. unless such construction would be inconsistent with the manifest intent of the city council. including as evidenced through a more specific provision in the code. or where the context clearly indicates a different construction. (1) Boards. committees. commissions. officers. hearing examiners. employees. departments. etc. Whenever reference is made to a board. committee. commission. officer. hearing examiners employee or department. etc.. it means the same as if it were followed by the words "of the city of Federal Way. Washington. " (2) Captions. Captions. catchlines. and headings used in the Code are not any part of the law. unless expressly so provided. (3) Citations. Citations to Titles. chapters. sections. or subsections shall be presumed to be those of the FWRC unless the context indicates the citation is intended to refer to the FWCC. RCW. or other document. (4) Computation of time. In computing any period of time prescribed or allowed by this Code. the day of the act. event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday. Sunday. or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday. Sunday. or legal holiday. When the period of time prescribed or allowed is less than seven days. intermediate Saturdays. Sundays. and legal holidays shall be excluded in the computation. (5) Delegation. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty. it shall be construed to authorize the person to designate. delegate. and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise and except for signing checks. execution of contracts. and other duties regarding fmance. (6) Gender. A word using or implying either the masculine or feminine gender extends and applies to both the masculine and feminine genders. and to all persons. (7) Liberal construction. The provisions of this code shall be liberally construed and shall not be limited by any rule of strict construction. (8) May. The word 'may' is discretionary. (9) Number. A word importing the singular may extend and be applied to the plural and vice versa. (10) Prohibitions and permitting. Words prohibiting anything being done. except in accordance with a license or permit or authority from a board or officer. shall be construed as giving such board or officer power to license or permit or authorize such thing to be done. (11) Reference to. or adoption of. a statute. code. or ordinance includes and incorporates the statute. code. or ordinance as it exists or is enacted at the time of the reference or adoption. as well any future changes. amendments. re-codifications. additions. or deletions in that statute. code. or ordinance that may thereafter occur unless a contrary intent is clearly expressed. and such statute. code. or ordinance shall be given the same force and effect as if set forth in full. Whenever the word state shall appear in any statute adopted by reference in this chapter. the word citv shall be substituted~ provided. however. the term city shall not be substituted for the term state in those circumstances that set forth administrative or licensing duties of the state and its subdivisions. Whenever a state statute specifically adopted in this chapter refers to another state statute not specifically adopted in this chapter. the statute referred to shall be given the force and effect necessary to enforce the statute specifically adopted in this chapter. Statutes and codes adopted by reference by this Code shall be harmonized with other provisions of this Code to the extent practicable but if they are in direct conflict with other provisions of this Code that are explicitly articulated. the articulated provisions control. (2) Registered mail. Whenever the use of "registered" mail is authorized by this code. "certified" mail. with return receipt requested. may be used. (3) Shall. The word 'shall' is mandatory. Ord. No. , Page 5 (14) Tense. Words used in the past or present tense include the future as well as the past and present. SECTION 4. Chapter 1, Article III, Section 1-15 of the Federal Way City Code is hereby repealed as follows: 1 IS Definitions. In this ehaflter, uDless a aiff.erent meaniag is plainly required: (a) Aet means doiag or perf{)rmiDg somethiag. (b) Ci'/il '/iolation means a violatioD of a provision of a eity develepment regulatioD for whieh a monetary peRalty may be imposed UDder this ehaflter. Each aay er portioB of a day auriRg which a '1iolatioR oeCMfS or e-xists is a separate violation. TFamc infraetions pl:lfsuant te Chaflter 11 FWCC are specifieally exclMded from the aflplication of tHis ehaflter. (c) De':elepment means the erection, alteration, enlargement, demolitieB, maintenaBce or Hse ef any strnehlre er tHe alteration or lise of any land above, at or belew groMHd er '.vater level, and all aets authorized by a eit)' de'/elopment regulation. (a) Development regulation means ftHa iBeludes the follev/iDg, as of or after the effeetive date ef the oraiBanee codifiea iR this ehllflter: . (1) Chaflter.2. FWCC, Buildings and BuildiDg R.egulatiens; (2) Chapter ~ F'NCC, Fire PreventioR and Proteetien Code; (3) Chapter 1Q FWCC, NHisanees Cede; (1) Chaflter 11 FWCC, Parks and Recreation Ceae; (5) Chapter 12. FWCC, Solid Waste Code; (6) Chapter 11 FWCC, Streets, Side',yalks and CertaiD Othef Places Caae; (7) Chapter li FWCC, Utilities Code; (8) Chapter 12 FWCC, SubdivisioD Code; (9) Chapter ~ P'NCC, ZOBiRg Code; (10) ,^Jl standards, regalatioRs and proeedl:lfes adopted pursuant te the abo>/e; and (11) The terms and eOBaitioRs of my permit er aflproval issued pursuant to the above. (e) "Eme-rge1'l6Y" means a simatioR '.vhieh in the opinioB of the llflplieable department aireetor requires immediate aetion to pn:lYeRt or eliminate an immediate threat te the healtR af safety of persons, property, or the en':ironment. (n "Enj61'Ccmc1'lt effieisl" means the city builaing official, eity code enforcement officers, and all other eity offieials aesignated by ordiRanee or BY tHe eity manager for pl:H"poses of eBforeiRg the proyisions of this or other chapters aRd eoaes desiga.ated therein. (g) HeariDg examiner means tHe Federal Way heariDg eX1lffliRer and the offiee thereof. (h) OmissioR means a failure to aet. (i) PersoD includes any natilral person, afty eorperatioD or any unin60rporated asseeiation or partBership. G) Violation means an aet er omission contrary to a city deyelopment regulatioR iReh:ldiDg ail aet or omission at the same or different loeations by the same porson. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 5. Chapter 1, Article III, Section 1-14, of the Federal Way City Code shall be amended to read as follows: 1-14 Purpose. The purpose of this article is to establish an efficient, civil administrative system to enforce the development regulations of the city, to provide an opportunity for an appeal of determinations of Ord. No. . Page 6 violations and prompt hearings and decisions on any such appeals, to establish monetary penalties for violations, and to provide for the collection of said penalti~s. It is the express and specific purpose and intent of this article to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefitted by the terms of this article. It is also the express and specific purpose and intent of this article that no provision nor any term used in this article is intended to impose any duty whatsoever upon the city or any of its officers or employees. Nothing contained in this article is intended nor shall be construed to create or form the basis of any liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the city, its officers, employees or agents. (Ord. No. 99-342, ~ 3, 5-4- 99) SECTION 6. A new section is added to Chapter 1, Article III, of the Federal Way City Code to read as follows: 1-14.5 Applicabilitv Civil enforcement of the provisions of this Code or the terms and conditions of any permit or approval issued pursuant to this Code shall be governed by this chapter unless other more specific provisions apply. This chapter may be used to address or enforce the code against any violation. Each day or portion of a day during which a violation occurs or exists is a separate violation. Aiding or abetting a violation of another is also a violation. Notwithstanding any provision to the contrary. any civil enforcement of the provisions of this Code or the terms and conditions of any permit or approval issued pursuant to this Code is in addition to. and does not preclude or limit any other forms of enforcement available to the City including. but not limited to. criminal proceedings or sanctions. nuisance and injunction actions. or other civil or equitable actions to abate. discontinue. correct. or discourage unlawful acts in violation of this article. Code enforcement officers are authorized to enforce the Code using the provisions and procedures of this chapter. SECTION 7. Chapter 1, Article III, Section 1-16 of the Federal Way City Code is hereby amended to read as follows: 1-16 Order to cease activity. (aD Issuance. Whenever the enforcement officer determines that any acti'/ity is beiDg eORdueted or aay aeyeleflment is oceurring that does Rot eonform to the applieable flfovisions of this Code, er that eivil !! violation otherwise exists, he or she may issue an order to cease activity directing any person causing, allowin~ aHdior participating in the offending conduct to cease such activity or conduct immediately. (92.) Posting aRd service Service of order. The enforcement official shall serve the order upon the person to whom it is directed, either by: (1) DeliyeriRg delivering it personally; or ~ J2y mailing a copy of the order to eease aetivity i1 by registered or certified mail, pestage prepaia, remm reeeipt requested, to such person at his41eF his or her last known address and by posting a copy of the order to cease activity conspicuously on the affected property or structure, or as near to the affected property or structure as feasible. If service is not accomplished by personal service and if an address for mailed service cannot be ascertained. service shall be accomplished by posting a copy of the order conspicuously on the affected property or structure. If service is by personal service. service shall be deemed complete immediately. If service is made by mail. service shall be deemed complete upon the third day following the day upon which the order is placed in the mail. unless the third day falls on a Saturday. Sunday. or legal holiday. in which event service shall be deemed complete on the first day other than a Saturday. Sunday. or legal Ord. No. , Page 7 holiday following the third day. If service is made by posting, service shall be deemed complete on the third day following the day the order is posted. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service and the manner by whieh of service was made. Any failure of the person to whom the order to cease activity is directed to observe the posted order or to actually receive the mailed order shall not invalidate service made in compliance with this section, nor shall it invalidate the order to cease activity. (el) Appeal of order to cease activity. An order to cease activity may be appealed under the procedures set forth in FWCC 1-19. During any such appeal, the order to cease activity shall remain in effect. (61.) Effect of order to cease activity. When an order to cease activity has been issued, posted and/or served pursuant to this section, it is unlawful for any person to whom the order is directed or any person with actual or constructive knowledge of the order to conduct the activity or perform the work covered by the order, even if the order to cease activity has been appealed, until the enforcement officer has removed the copy of the order, if posted, and issued written authorization for the activity or work to be resumed. Violation of an order to cease activity constitutes a misdemeanor pHHishahle by a fiDe of up te $1,000, er imprisoameat for up to RiBety (90) days, or both. In addition. a monetary penalty shall accrue for each day or portion thereof that a violation of an order to cease activity occurs. in the same amounts as under FWCC 1-17(e). In addition to such criminal or monetary penalties, the city may enforce the order to cease activity in accordance with FWCC 1-21 below, andfef enforce it in superior court. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 8. Chapter 1, Article III, Section 1-17 ofthe Federal Way City Code is hereby amended to read as follows: 1-17 Notice of violation and order to correct. (a) Issuance. Whenever the enforcement official determines that a eM! violation has occurred or is occurring, fleI.sfte he or she may issue!! notice of violation and an order to correct ("notice and order") to the preperty O'NHer er to any person causing, allowing aadfor participating in the violation. including the property owner. The notice and order issued pursuant to this section represents a determination that a violation of this Code has been committed. This determination is final and conclusive unless appealed as provided herein. (b) Content. The enforcement official shall include the following in the notice and order: (1) The name and address of the property owner and/or other person to whom the notice and order is directed; (2) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; (3) A description of the violation and a reference to that provision of a city development regulation which has been violated; (4) A statement of the action required to be taken to correct the violation as determined by the enforcement official and a date or time. not less than three days after service of the notice and order. by which correction is to be completed; (5) A statement that the person to whom the notice and order is directed must: a. Complete correction of the violation by the date stated in the notice; ef b. Appeal the notice and order as provided in FWCC 1-19; or c. Enter and comply with a voluntary correction agreement with the City: and (6) A statement that, if st:teft the violation is not corrected ana the notice and order is not appealed, a voluntary correction agreement is not entered or complied with. or a hearing examiner so orders or the person does not comply with a hearing examiner's order. a monetary penalty in an amount per day for each violation as specified by FWCC 1-17( e) shall accrue against the person to whom the notice and Ord. No. , Page 8 order is directed for each and every day, or portion of a day, on which the violation continues following the date set for correction. and that the violation may be abated by the city under FWCC 1-21 with costs assessed against the person. (c) Service of notice and order. The enforcement official shall serve the notice and order upon the person to whom it is directed, either by+-fl1-I:)gelivering it personally; or~ By mailing a copy of i! the order to eorreet yiolation by registered or certified mail, postage prepaia, return r-eeeipt reqaestea, to such person at hisfhef his or her last known address and by posting a copy of the notice and order conspicuously on the affected property or structure. If service is not accomplished by personal service and if an address for mailed service cannot be ascertained. service shall be accomplished by posting a COPy of the notice and order conspicuously on the affected property or structure. If service is by personal service. service shall be deemed complete immediately. If service is made by mail. service shall be deemed complete upon the third day following the day upon which the notice and order is placed in the mail. unless the third day falls on a Saturday. Sunday. or legal holiday. in which event service shall be deemed complete on the first day other than a Saturday. Sunday. or legal holiday following the third day. If service is made by posting. service shall be deemed complete on the third day following the day the notice and order is posted. Proof of service shall be made at the time of service by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of serviee and the manner by whieh of service was made. Any failure of the person to whom the notice and order is directed to observe the posted notice and order or to actually receive the mailed notice and order shall not invalidate service made in compliance with this section, nor shall it invalidate the notice and order. (d) Extension. Upon written request received prior to the correction date or time, the enforcement official may extend the date set for correction for good cause or in order to accommodate a violation correction agreement. The enforcement official may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as a good cause. (e) Monetary penalty. The ameunt of the A monetary penalty shall accrue for each pel' day or portion thereof that each violation continues beyond the date set in a notice and order. The maximum penalty and the default amount shall be $100.00 for the first violation. $200.00 for a second violation of the same nature or a continuing violation. $300.00 for a third violation ofthe same nature or a continuing violation. and $500 for each additional violation of the same nature or a continuing violation in excess of three not including fees. costs. and assessments. is as follows: (1) First violatioR, $100.00; (2) Seeond yiolation, $209.00; (3) Third violatioD, $300.00; (1) fAdditioRal yiolatioRs in exeess of three, $500.00. (f) Continued duty to correct. Payment of a monetary penalty pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the enforcement official. (g) Declaration of compliance. When the violation has been corrected and the penalty paid, the enforcement officer shall issue a letter which shall so state, and shall also record the date upon which the violation was fully corrected, beyond which no further penalty shall accrue. (h) Effect of unappealed notice and order. If a notice and order is not appealed, each day which the violation continues beyond the date set in order to correct shall constitute a misdemeanor pUDishable by a fiDe of up to $1,000, or imprisonment for up to DiDety (99) days, or Both. IR addition to SUCR criminal peRakies, the city may enforee the Dotice and order in aecordanee with FWCC 1 20 and 1 21, aHd/or eRf-oree it in superior eoMrt. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 9. Chapter 1, Article III, Section 1-18 of the Federal Way City Code is hereby amended to read as follows: Ord. No. , Page 9 1-18 Voluntary correction agreement. (a) General. Prior to t-he issuanee of a Aotiee and order uAder FWCC 1 17, or iD lieu thereof, '.vnen When the city determines that a violation of an ordinance has occurred, the city may enter into a voluntary correction agreement any person causing. allowing. or participating in the violation. including the property owner. whereiD the persoD(s) responsible f{)r the '/iolation or the oWDer(s) of property en whieh the violation has oecurrea or is eeeurriDg agrees to abate the violatioD withiD a speeifiea time period aRd aeeording to specifiea eonaitions. A voluntary correction agreement may be instead of. in lieu of. or in coni unction with a notice and order under FWCC 1-17. (b) Contents. A voluntary correction agreement shall be in writing, signed by the personfsj responsible for the violation and/or the ov,'ner(s) of property on \vhich the yiolation has oeeurred or is oecWTing and an enforcement official, and shall contain substantially the following information: (1) The name and address of the person responsible for the violation and/or the OYIRer efpreperty OR whieh the '/iolation has oeeurred or is oeeurring; (2) The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; (3) A description ofthe violation and a reference to the regulation violated; (4) The necessary corrective action to be taken, and a date or time by which the correction must be completed; (5) An agreement by the person responsible for the violation and/or the ewneF(s) ef property eR '.Wiieh the yielatioR has 0eeurred er is eceurring that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; (6) An agreement by the person responsible for the violation and/or the owneF(s) of property OR v"hieh the yiolatioR has oeel:lrFed or is oeeurring that, if the terms of the voluntary correction agreement are not met, the city may enter the property. abate the violation~ and recover its costs and expenses as provided in this article; (7) An agreement that by entering into the voluntary correction agreement, the person responsible for the violation and/or the 0'Mler(s) of property OD whieh the violation has oceuITed er is oeeurriRg waives the right to a hearing before the examiner under this article regarding the matter ef the violation, any penalty~ andfeF required corrective action; and (8) A statement that failure to comply with the terms of the agreement shall constitute a misdemeanor pUDishable by a fiDe net te exceed $1,090 and/or imprisonment fer not more than ninet)' (99) days. (c) Modification and time extension. An extension of the time limit for correction or a modification of the required corrective action may be granted by the enforcement official if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable. All modifications or time extensions shall be in writing, signed by the personfsj responsible for the violation aReIIor the o'.'IRer(s) of the property on which the violation has oeeurrea or is occurriDg and an enforcement official. (d) Penalty for noncompliance. Violation of the terms of the a voluntary correction agreement shaH constitute ~ a misdemeanor pUDishable by fiRe Rot to exceed $1,000 and/or imprisonment for ROt more than DiRety (90) days. Further, the city may enter the property, abate the violation~ and recover all costs and expenses of abatement in accordance with the provisions of this chapter. (Ord. No. 99-342, ~ 3, 5-4- 99) SECTION 10. Chapter 1, Article III, Section 1-19 ofthe Federal Way City Code is hereby amended to read as follows: 1-19 Appeal to hearing examiner. (a1) General. .Ai person te whom an order te cease acti':ity or a Rotice and order is aireeted may appeal the order to cease activity or notiee ana order to the heariRg examiner. The pef5en appealiDg may Ord. No. , Page IO appeal either the determination that a ':iolation exists, the amOMflt of aay monetary penalty imposea, the correetive aetioD ordered, or all three. (b) How to appeal. A person may appeal an order to cease activity or notice and order to the hearing examiner by filing a written notice of appeal with the city clerk within 14 calendar days from the date of service of the order to cease activity or notice and order. specifying what issue is being appealed. The person appealing may appeal either the determination that a violation exists. the amount of any monetary penalty imposed. the corrective action ordered. or any combination thereof. The city may also request a hearing before the hearing examiner to assess costs. modify previous orders. or to enter other orders as needed. The appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of$100.00, which is refundable in the event the appellant prevails on the appeal. The filing fee is waived in cases where the city requests the hearing. (e2) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay the requirement for action specified in the notice and order that is the subject of the appeal. The monetary penalty for a continuing violation does not continue to accrue during the pendency of the appeal; however, the hearing examiner may impose a daily monetary penalty from the date of service of the order to cease activity or notice and order if he the hearing examiner finds that the appeal is frivolous or intended solely to delay compliance. An appeal does not lift or stay an order to cease activity. The effeet: of the filiRg of an apfleal of an erder to eease aet:iyity shall be as preyiaed in FWCC 1 16( d). (dJ) Hearing. Notiee of and hearing befere the heariDg eJUtffliaer. (+~) Date of hearing. Within 10 days of the clerk's receipt of the appeal, the hearing examiner shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal. (~Q) Notice of hearing. a. Content. The elerk shall eaHse a aotiee of the apfleal heariag to be posted on the property that is the subjeet of the omer to eease aet:i'/ity ef notiee and erder, ana mailea te the appellant aHa preperty e'lIaers loeated \yithia 30g feet of the pr.eperty that is the sNbjeet: ef the violatioD. The notice shall contain the following: @. The file number and a brief description ofthe matter being appealed. ~ A statement of the scope of the appeal, including a summary of the errors alleged and the findings and/or legal conclusions disputed in the appeal. (iii~ The date, term and place of the public hearing on the appeal. (iy}h A statement of who may participate in the appeal. ~ A statement of how to participate in the appeal. (~) Distribution. The clerk shall cause a notice of the appeal hearing to be posted on the property that is the subject of the order to cease activity or notice and order. and mailed to the appellant and. in cases involving any ordinance regulating the improvement. development. modification. maintenance. or use of real property. to all property owners located within 300 feet of the property that is the subject of the violation. The notice shall be mailed and posted at least 10 calendar days before the hearing on the appeal. (4Q) Participation in the appeal. The city and the appellant may participate as parties in the hearing and each may call witnesses. Any person may participate in the public hearing it) either or both of the following ways: Q}a: By submitting written comments to the hearing examiner, either by delivering these comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the hearing. (li}Ir. By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct ofthe hearing. (~) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant to the rules of procedure of the hearing examiner. The eity and the appellaRt may partieipate as parties iD the hearing and each may eall witBesses. The appellant shall have the burden of proof by a preJ?onderance of the evidence that a violation has not occurred, that the amount of monetary penalty assessed was not in compliance with the Code FWCC 1 17( e ), or that the corrective action ordered is unnecessary to cure the violation. (6) Eleetrenic sOl:lnd reeoming. The hearing examiner shall make a complete electronic sound recording ofthe public hearing. Ord. No. , Page 11 (+1) Continuation of the hearing. The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a Hotiee thereof is posted OR the door of the hearing room, no further notice of that hearing need be given. (e1) Decision of hearing examiner. (+f!) Vacation. If the hearing examiner determines that the appellant has proven by a preponderance of the evidence that no violation substantially as stated in the order to cease activity or notice and order has occurred, the hearing examiner shall vacate the order to cease activity or notice and order and order the appeal fee refunded. (~Q) Affirmance. If the hearing examiner determines that the appellant has not so proven by a preponderance of the evidence, the hearing examiner shall affirm the order to cease activity or notice and order, shall affirm the aHleunt of an")' moneta!)' peaalty imposed by the order to sease aetivity or Dotiee and ereer, and shall affirm the eerreetiye aetioa ordered. (~) Modification. If the hearing examiner determines that the mORetary peRalty was Bot ealeulated in complianee with FWCC 1 17(e), or that the corrective action ordered was unnecessary to cure the violation" the examiner may modify the peaalty aHleunt andl-or the abatemeBt corrective action required depending on the determinations of the examiner. speeifies of the '/iolatioR as feuRa at the hearing. The hearing examiner may also modify the assessment of penalties and costs if good cause is found. In so ordering, the hearing examiner shall consider the following: ~ Whether the intent of the appeal was to delay compliance; (jj}Ir. Whether the appeal was frivolous; (iii~ Whether there was a written contract or agreement with another party which specified the securing by the other party of the applicable permit or approval from the city; (jy}Eh Whether the applicant exercised reasonable" aREl timely. good faith effort to comply with the applicable development regulations; or {y}&: Any other relevant factors. ID modifYing a monetary penalty unEler this seetien, the hearing eKamiDer shall impose, at a minimum, the mORetary penalty set forth in FWCC 1 17( e), for eaeh separate seetion of the Cede violatea, and as determiRea BY reference to the Etflplieable RUfRBer ef'lielatioRs (first, seeena, third) at issti&: The monetary penalty shall not be modified without assuring the violation is corrected. unless the penalty is legally erroneous. In modifying the corrective action ordered, the hearing examiner shall require, at a minimum, any action necessary to ensure actual compliance within 14 days of the date of the examiner's decision. (f~) Issuance of decision. The hearing examiner shall issue an oral decision at the time of the hearing unless good cause exists to delay the decision. The hearing examiner shall issue a written decision, including findings of fact, conclusions, and order within 14 days of the hearing. The appellant is required to comply with any decision of the hearing examiner whether oral or written upon issuance. (gQ) Judicial review. Judicial review of a decision by the hearing examiner relating to any ordinance regulating the improvement. development. modification. maintenance. or use of real property may be sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority, if any, if the petition or complaint seeking review is filed and served on all parties within 21 days of the date of the decision. For purposes of this section, "aggrieved or adversely affected" shall have the meaning set forth in RCW 36.70C.060(2). Judicial review of all other decisions may only occur subject to the procedures of RCW 7.16. (lll) Effect of decision. If judicial review is not obtained, the decision of the hearing examiner shall constitute the final decision of the city, and the failure to comply with the decision of the hearing examiner shall constitute a misdemeanor punishable by a fiDe ef not more than $1,900 or lIfl to ninety (99) aays imprisoDment, C)r beth. In addition to crimiDal pUHishment pursuant to this subsection, the eity may pursue colleetioR and abatement uRder F'NCC 1 20 and 1 21. (Ord. No. 99-342, ~ 3, 5-4-99) Ord. No. , Page 12 SECTION 11. Chapter 1, Article III, Section 1-20, of the Federal Way City Code shall be amended to read as follows: 1-20 Collection of monetary penalty. (a) The mOfletary Any monetary penalty imposed under this Code constitutes a personal obligation of the person in violation. to whom the Rotiee and order or order te eease aetivity is directed. Any monetary penalty assessed must be paid to the city clerk within 14 calendar days from the date of service of the notice and order or, if an appeal was filed pursuant to FWCC 1-19, within 14 calendar days of the hearing examiner's decision. (b) The city attorney, OR behalf ef the eity, is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking a granting of which shall neither stay nor terminate the accrual of additional per diem monetary penalties so long as the violation continues. (1) The city may authorize the use of collection agencies to recover monetary penalties, in which case the cost of the collection process shall be assessed in addition to the monetary penalty. (2) The city may incorporate any outstanding penalty into an assessment lien when the city incurs costs of abating the violation pursuant to FWCC 1-21. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 12. Chapter 1, Article III, Section 1-21, of the Federal Way City Code shall be amended to read as follows: 1-21 Abatement and additional enforcement procedures. (a) ,Aibatement by violator. In the aasenee of an appeal, any ili!y req\:lired aaatement shall be eKeeuted iR the manner aRd means speeifieally set forth in the Dotiee aRa €)rder to eerFeet antYor the voluntary cOrFeetion agreement by the pefson(s) resfloRsible for the ':iolation. W ill Abatement by city. The city may perform the abatement required upon noncompliance with the terms of: (1) ,Ain an unappealed notice and ordert....~!! voluntary correction agreementt~ or t3t-A!! final order of the hearing examiner. The eosts shall be billed ta the perseR(s) obligated to perform the work lHider FWCC Ll1(b)(6), the volumary eorreetien agreemeflt~ or heariag examiaer deeisien, as applicaale. (1) The city may utilize city employees or a private contractor under city direction to accomplish the abatement. The city, its employees and agents using lawful means are expressly authorized to enter upon the property of the violator for such purposes. (2) Recovery of costs. The city shall bill its costs, including incidental expenses, of abating the violation to the personfsj obligated to perform the work under the notice and order, voluntary correction agreement or the hearing examiner's decision, which costs shall become due and payable 30 days after the date of the bill. The term "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney's fees incurred by the city; costs incurred in documenting the violation; the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the cost of any required printing and mailing. The city manager or designee. or the hearing examiner. may in his or her discretion waive in whole or part the assessment of any costs of abatement upon a showing that abatement has occurred or is no longer necessary. or that the costs would cause a significant financial hardship for the responsible party. The city may authorize the use of collection agencies to recover costs. The city attorney is authorized to collect the costs by use of appropriate legal remedies. (61) Obstruction with work prohibited. No person shall obstruct, impede or interfere with the city, its employees or agents, or any person who owns, or holds any interest or estate in any property in the performance of any necessary act, preliminary or incidental to, carrying out the requirements of an !! notice and order to correct, voluntary correction agreement~ or order of the hearing examiner issued Ord. No. , Page 13 pursuant to this chapter. A violation of this provision shall constitute a misdemeanor pUDishable by a fiRe of Rot moro than $5,QOO per day or up to six months imprisoflffient, or both. (61) Report to city council and hearing on cost of abatement. In the event Where costs are assessed under this section and the personW responsible fails to pay within the 30-day period set f-orth iH subsection (b)(2) of this seetioR, the enforcement official shall prepare a written itemized report to the city council showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such property, including such salvage value relating thereto plus the amount of any outstanding penalties. (+~) A copy of the report and a notice of the time and date when the report shall be heard by the city council shall be served on the person responsible for payment as pro>/idea in FWCC 1 17(b)(6) at least five days prior to the hearing before the city council. (~h) The city council shall review the report and such other information on the matter as it receives and deems relevant at the hearing. The city council shall confirm or revise the amounts in the report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize placement of an assessment lien on the property as provided herein. (e~) Assessment lien. Following the hearing and authorization by the city council, the city clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. The lien shall be of equal rank with the state, county and municipal taxes. fB The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within 15 calendar days after the assessment is placed upon the assessment roll. (fQ) Additional remedies. Unless otherwise precluded by law the +he provisions of this article may be used in lieu of or in addition to other enforcement provisions. including but not limited to. others provisions in this Code. the use of collection agencies. or other civil actions including injunctions. ef.thi.s Code, uBless othorwise prealudea by law. (1) ID addition to, or iH lieu ofthe provisions ofthis e8apter, the eiry may, at its eptieR, mm the matter over to aolleetieR or eelRmenae a eivil aation iR any eourt of competeRt jMrisaictieH te colleet for aRY sueh eharges iRcMITed BY the eity, to oBtaiH compliance pursuant 1e this ehliflter, anEl/er ta eolleet any penalties that have been assessed. (2) The airy may, at its optieR, seek iBjuRctiye er other eivil relief in superier court regaraiRg any Code violatioB. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 13. Chapter 1, Article III, Section 1-22, of the Federal Way City Code shall be amended to read as follows: 1-22 Conflicts. In the event of a conflict between this chapter and any other provision of this Code or city ordinance providing for a civil penalty, this ehliflter the more specific provision shall control. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 14. Chapter 1, Article III, Section 1-23, of the Federal Way City Code shall be amended to read as follows: Ord. No. , Page 14 1-23 Meaning of terms. Whenever the term "civil penalty" is used in any code, ordinance or regulation of the city, this term shall be deemed to have the same meaning as the term "monetary penalty," respeetivoly, as used in this chapter. SECTION 15. Chapter 1, Article III, Section 1-24, of the Federal Way City Code shall be amended to read as follows: 1-24 Infractions authorized and statutes adopted. (a) Enforcement officers and officials are authorized to issue civil infractions to enforce the provisions of the Federal Way City Code desigaatoa as iDfraetions or as penalties except those provisions that are either specifically designated as crimes, specifically indicated as not being eivH infractions, or designated as traffic infractions. (b) Unless otherwise provided, enforcement officers or officials shall follow the provisions of Chapter 7.80 RCW in issuing civil infractions. If no penalty is Unless otherwise provided, the maximum penalty and the default amount shall be $100.00 for the first violation. $200.00 for a second violation of the same nature or a continuing violation. and $300.00 for a third or subsequent violation of the same nature or a continuing violation $250.90, not including fees, costs, and assessments. (c) Unless otherwise provided, civil infractions under this section shall be governed by Chapter 7.80 RCW, except that. to the extent allowed by law. the rules of evidence shall not apply in any hearing held regarding civil infractions. (d) The following state statutes, iDcluding all future amendments, reyisions, additions, Of deletioRs, are adopted by reference to the extent that they are not inconsistent with explicit provisions of the Federal Way City Code: Chapter 7.80 RCW et seq. (Ord. No. 07-550, ~ 1,3-20-07) SECTION 16. Chapter 1, Article III, Section 1-25, of the Federal Way City Code is hereby repealed as follows: 1 2S Civil vialatiaBs designated as eivil infradians. (a) If, after in'/estigatioD or after the eomplaint of residents or ethers, the eRf.oreoment effieer has probable cause to belieye that a eivil '/iolatien has eccurFea or is occurring, as definod BY PHCC 1 15, he/she may issue a eivil infractien pursuant to FWCC 1 24 to the property OWDer or to any pefsoH causing, allo'Ning and/or participatiDg in the violation. (b) .\ eh'il iDfraction iSffiied pursuant to FWCC 1 21 represOBts a determinatien that a ei'/il vielatioH has been committea. This determiDation is final aRa eonelusive uRless eoHtestea as pro':idod in Chaflter 7.80 RCW. (c) Eaeh eivil infraetion shall earry ',vith it a mORetary peRalty of $IQQ.OO for the first violation, $200.00 for a seeond yiolation of the same Datare or a continuiHg violation, and $300.09 fer a third or subsequeBt violation of the same Damre or a cOntiHUiDg violatioD. (d) NothiDg in this section shall preclude crimiDal prosecution pursuant to FWCC 1 13. SECTION 17. Chapter 5, Article I, Section 5-7, of the Federal Way City Code shall be amended to read as follows: 5-7 Enforcement (general). All violations of this chapter or the codes adopted under this chapter are herby determiaed found to be detrimental to the public health, safety, and welfare~ and are hereby declared public nuisances. The building official has the authority to adopt rules and regulations to carry out the provisions of this chapter Ord. No. , Page 15 rTitle 1 and. has the authority to administer and enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle 1 or any such rule or regulation. In addition to any other penalty. a violation of any provision of this chapter is a civil infraction under FWCC 1-24. Notwithstanding any proyision to the coBtrary, ei'/il enforcemeDt of the pro'/isioBs of this article and the terms ana conditions of aft)' permit or llflproval issued parsuant to this artiele shall be gO'/ernea by Chllflter 1 PWCC, .^~rticle III, Civil Enforeement of Coae. Ciyil enforcement is iD adaitioH to, and does Bot limit any other f{)rms of enforcement availal31e to the eity iDcluding, but Bot limited to, eriminal sanctioBs as specifiea flereiD or iD Chapter 1 PWCC, J'~rticles II, III, ffilisanee aRd injMfletion actioBs, or ether eP/il or equitable aetioBs to al3ate, diseontiaae, eorrect or discoMfage unlawful acts iD '/iolation of this article. (Ord. No. 99-342, 9 6, 5-4-99) SECTION 18. Chapter 5, Article II, Section 5-42, oftheFederal Way City Code is hereby repealed as follows: S 42 Enforeement (admiBistration). NotwithstaflaiDg any previsieD to the ceBtrary, ei'/il enforcement ef the pre':isions efthis article and the terms and eenditioRs ef any permit or llflflro':al issued pursuant to this artiele shall be ge'/emed By Chllflter 1 f'NCC, :\rtiele III, Ci'/il BRforcemeDt of Code. Civil enfofeement is in additioR to, and does not limit any ether forms of enforeement a'/ailahle to the city iH:eluaiBg, hat Bet limite a to, criminal sanetions as specified hereiD or iB Chapter 1 PWCC, Artieles II, III, Buisance and iBjuRctioB aetiens, or other ciyil actioBs. (Ord. Ne. 99 342, ~ 6,51 99; Ora. }~o. 01 165, ~ 1, 10 5 01) Editor's Rote Ordinanee No. 01 465, ~ 4, adoptea October 5, 2001, aeleted ~ 5 42 ana reRHmberea ~ 5 13 as a Bew ~ 5 42. Permed)', such seetion pertaiRea te permits and derived from Ora. }~e. 9(,) 33, ~ 33, 2 13 99; Ord. Ne. 92 113, ~ 15,6 16 92; Ord. No. 95 231, ~ 1,6 6 95. SECTION 19. Chapter 5, Article V, Section 5-92, ofthe Federal Way City Code is hereby repealed as follows: S 92 Enforeement (plumbing eode). N otwithstandiBg any provisioR to the eoBtrary, civil eRfor-eement ef the pro'/isioRs of this article and the terms and cOBaitions of an)' permit or appre'/al issued pursuant te this artiele shall he govemea by Chllflter 1 PWCC, J'~rticle III, Ciyil EBforcement of Coae. Ci':il enforeement is in aaditioB to, ana does Dot limit any other forms of eaforeement available to the eity iBcludiRg, bat Rot limited to, eriminal sanctioDs as specified herem or in Chapter 1 PWCC, '^1rtieles II, III, Duisanee and iDjunetieB aetiens, or other eiyil or equitable aetioDs to abate, diseentiDue, COrFeet or diseourage 1:181a'Nful aets in violation of this article. (Ord. No. 99 3 42, ~ 6, 5 4 99) SECTION 20. Chapter 5, Article VIII, Section 5-218, of the Federal Way City Code is hereby repealed as follows: S 218 Enfureement. The builEling offieial is ehargea with the dMty of enforeiRg this article and determiBiRg whether or Bot the proyisioRs and requirements of this article ha'/e been complied witll. Ciyil enf{)reement of the provisions of this artiele and the terms and cORditioBs of any permit or llflflro'lal issued pursuant to this article shall he governea by Chapter 1 PWCC, .^"rtiele III, Ci'/il Enforcement of Code. Ciyil eRf{)rcement is iB addition to, ana does not limit any other f{)rms of eBforcemeDt availal3le to the eity iBelMding, bat Rot limitea to, erimiRal sanctions as speeified hereiB or m Chllflter 1 PWCC, .^"rtieles II, III, Buisanee and Ord. No. , Page 16 injunetioH actions, or other civil or equital31e aetioHs to abate, discontinue, eorrect or diseourage unlawful acts in yiolation of this artiele. SECTION 21. Chapter 8, Article IV, Section 8-124, of the Federal Way City Code is hereby repealed as follows: 8 12 ~ Civil eBfereement. NotwithstanaiRg airY provision in this artiele or iD any code adopted hereuHder to the eoBtfary, ei'/il enforcemeBt of the proyisioRs of this artiele and the terms and eonaitioRs of any permit or aflpro'lal issued pursuant to this article shall be governed by Chaflter 1 FWCC, .^~rtiele III, Ci'/il BRforcement of Code. Ciyil enforcemeDt is in additioD to, ana does not limit ~' other forms of enforcement available to the city iRcluaiRg, but Dot limited to, crimiHal sanetioBs as specified hereiD, nuisance and iRjuDctioR actioRs, or other civil actioRs. (Ord. No. 90 51, ~ 19,4 1790; Ord. No. 92 147, ~ 13, () 23 92; Ora. No. 99 340, ~ 7, 5 4 99) SECTION 22. Chapter 10, Article II, Section 10-29, ofthe Federal Way City Code is hereby repealed as follows: 19 29 EBforeemeBt. Civil enforeemeBt of the proyisioRs ofthis chapter shall be go'/emea BY Chaflter 1 FWCC, ;\rticle III, Ci'/il ERforcement ef Code. Ci'/il eRf{)rcement is in additioD te, and does Rot limit any other forms of eDf{)reemeRt a'/ailal31e to the eity iRcludiRg, bat Rot limited to, crimiRal sanetioRs as speeified hereiR or Chapter 1 FWCC, f~rtieles II, III, Ruisance aRa iRjuRction actions, or other eiyil or equitable aetions to abate, discoBtiDue, correct or discoMfage 1:lnla'lIful aets iD yiolation of this ehapter. Fer seeoRd and subsequent '/iolations ef the proyisieRs of this ehaflter, the person shall also be guilty of a misdemeanor and UpOD eoftyietioR shall be punished as proyided in FWCC 1 13. (Ord. No. 90 37, ~ 1(0),22090; Ord. No. 99 312, ~ 7, 5 1 99) SECTION 23. Chapter ll, Article III, Section 11-53, of the Federal Way City Code is hereby repealed as follows: 11 53 Responsibility for violatioB. Aftyene cODeemed iR the yiolatioR of this article, \Wiether directly committing the act or omittiRg te do the thing cODstitating the offense, or whe aids or abets the same, shall be a priReipal under the terms ef this artiele, aRd may be prosecuted and ha'/e the Code enforced against him or her as sMeh. (Ord. No. 91 82, ~ 1(1)(C), 1 8 91; Ord. No. 99 312, ~ 8,5 1 99) . SECTION 24. Chapter 11, Article III, Section 11-54, of the Federal Way City Code shall be amended to read as follows: 11-54 Administration. enforcement. and traffic rel!ulations. EBfereement. The director or designee has the authority to adopt rules and regulations to carry out the provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article rchaoter1 or any such rule or regulation. Traffic regulations under Chapter 15 FWCC. Traffic and Vehicles that apply to public roadways shall apply throughout any park and may be enforced by law enforcement officers or others designated by law. Ord. No. , Page 17 (a) ;\ll traffie yiolatioHs committea within any park, incIudiDg those in'/olyiHg motori2\ed f.oot scooters aRd similar de';ices, shall be subject to the peDalties and provisioRs prescribed iD Chapter 15 FWCC, Traffic and Vehioles. (b) Civil enforcemeRt of the pro'/isions of this article shall be governed by Chapter 1 FWCC, '^1rticIe III, Ciyil ERforeement of Code. Civil enforeeffient is in addition to, and does Hot limit, any ether forms of enforeemeRt a'/ailable to the eity iBeludiDg, but Hot limited to, crimiRal sanetioBs as specified herein er in Chapter 1 FWCC, f1rtieles II, III, nuisance and iBjunctioR actioRs, or other eiyil or equitable actioBs to abate, aiseoBtiBue, eorreet or diseourage unlav;ful aets in '/iolation of this artiele. (c) CenyictioB of a violatioD of or failure to comply with the proyisioDS of this artiele shall also CORstitate a misdemeanor and shall be pUBished as provided iR f\VCC 1 13, eKeept for yiolations of proyisioBS that eonstiMe gross misaemeanors, CORyictioR of vlhich shall be pooishea By a fine not to exceea $5,009 or imprisonmeBt in jail not e.xeeeaing ORe year, or by both sueh fine ana impriSORmeBt. (Ord. No. 91-82, ~ 1(1)(D), 1-8-91; Ord. No. 99-342, ~ 8,5-4-99; Ord. No. 04-464, ~ 4, 9-21-04) SECTION 25. 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 is observed: (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 ofthis 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 department of public safety. (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, is in violation of this chapter and any knowing violation constitutes will be guilty of trespass. (3) The notice of trespass and expulsion will expire on the date indicated in the written notice of expulsion. (e) .^~ny person '.vho eBters a park during a perioa aMfing vlhieh he or she has Been e.xpelled under subseetioD (a) or (b) of this seetieR is guilty ofyiolatiDg this article and '.vill Be sl:lbjeet to the enfereemeDt in FWCC 1121. (Ord. No. 91-82, ~ 1(1)(E), 1-8-91; Ord. No. 01-396, ~ 2, 7-3-01; Ord. No. 01-404, ~ 1, 10-2-01) Ord. No. , Page 18 SECTION 26. Chapter 12, Article II, Section 12-21, of the Federal Way City Code shall be amended to read as follows: 12-21 Administration and enforcement. fa1 The administrator public works director. or designee. has the authority to adopt rules and regulations to Carry out the provisions of this chapter rTitle 1. as well as the collection and disposal of all solid waste in the city and a voluntary garbage collection program with recycling rates imbedded to encourage participation by residential generators of solid waste: and has the authority to administer and enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle 1 or any such rule or regulation. is hereby aHthori13ed and airected to administer the eolleetioD and disposal of all solid waste iH the city, ana te eRf-eree the pre':isions of this chapter. The director is aHthorized to prepare any implementing regulatieBs necessary for the development and implementatioD of a '/oluBtary garbage eollectieR program with r.eeyeling Fates imbedded to eReourage partieipation by residential geRerators of solid waste. (b) Ci':il enf{)rcement ef the pro'/isions of this artiele, as agaiDst all persoRs other than ffi:ltkeri13ed serviee pro':iders, shall be governed by Chapter 1 FWCC, ;\rtiele III, Civil BRroreement of Cede. Civil enf{)rcement is in additioD to, and does net limit any ether farms ef eRfareement a'/ailable te the eity iDeluding, bHt Dot limited to, eriminal saBetions as speeified herein or iR FWCC 1 13, Buisance ana injMflctioR actions, or other eiyil or equitable actiens to abate, aiseontinue, eefFect or diseourage Mflla';/ful aets in violation of this article. EnforeemeBt of the proyisioBs of this artiele ana ehapter agaiRst authori13ed service proyiaers shall be as provided by the applieable serviee agreement aRa as etherv:ise provided by law, iDelMdiDg bHt net limited 10 erimiRal sanctiens as sfl0cified hereiR er in FWCC 1 13, nuisance and iDjMflctioR actioRs, or ether civil er equitable actieBs to abate, discoBtiDMe, eeffect or diseeMrage Mfllawful acts iD yiolatieR of this artiele. (Ord. No. 91-124, ~ 3(F), 12-17-91; Ord. No. 93-167, ~ 3(F), 3-16-93; Ord. No. 99-342, ~ 9, 5-4-99; Ord. No. 02-411, ~ 7, 1-2-02) SECTION 27. Chapter 12, Article II, Section 12-36, of the Federal Way City Code shall be amended to read as follows: 12-36 Public nuisance. Every person shall have the duty to ensure that solid waste or source-separated material does not accumulate on or around his or her property in a manner that causes such solid waste or source-separated material to become a public nuisance both as to the amount of such solid waste or source-separated material, or the odor emanating from such solid waste or source-separated material. Each container used for the accumulation of solid waste or source-separated material shall be kept clean inside and out, and the area around the containers shall be kept in a neat and sanitary condition. The service provider shall provide written notification to the administrator and the customer concerning any violations of this provision. .^.fty '/iolation of this pro'lisioD by a persoR shall subjeet the person to peDakies deseribed in FWCC .ll..2l. (Ord. No. 02-411, ~ 22, 1-2-02) SECTION 28. Chapter 13, Article II, Section 27, of the Federal Way City Code shall be amended to read as follows: 13-27 Enforcement. The director of public works. or designee. has the authority to adopt rules and regulations to Carry out the provisions of this article [chapter1 and has the authority to administer and enforce this article [chapter) and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this Ord. No. , Page 19 article r chapter 1 or any such rule or regulation. is authorized to eHfor0e the provisions of this artiele, and any rules amI regutatioDS promulgated nereuflder. (Ord. No. 90-50, ~ 8, 4-3-90) SECTION 29. A new section is added to Chapter 13, Article V, of the Federal Way City Code (FWRC 4.30.050) to read as follows: 13-121.5 [4.30.050] Authority and Enforcement. The City Clerk or designee has the authority to adopt rules and regulations to carry out the provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article rchapterl or any such rule or regulation. SECTION 30. A new section is added to Chapter 13, Article VI, of the Federal Way City Code (FWRC 4.40.005) to read as follows: 13-170 [4.40.0051 Authority and Enforcement. The director of public works or designee has the authority to adopt rules and regulations to Carry out the provisions of this article rchapterl and has the authority to administer and enforce this article (chapterl and any such rules and regulations. It is unlawful to violate or fail to complv with any provision of this article r chapter 1 or any such rule or regulation. SECTION 31. Chapter 13, Article VI, Section 13-181, of the Federal Way City Code is hereby repealed as follows: 13-181 Civil enforcement (sidewalks). Civil enforcement of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlawful acts in violation of this article. (Ord. No. 99-342, ~ 4, 5-4-99) SECTION 32. A new section is added to Chapter 13, Article VII, of the Federal Way City Code (FWRC 4.35.005) to read as follows: 13-220 [4.35.0051 Authority and Enforcement. The director of public works or designee has the authority to adopt rules and regulations to carry out the provisions of this article rchapter1 and has the authority to administer and enforce this article rchapterl and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article r chapter 1 or any such rule or regulation. SECTION 33. Chapter 13, Article VII, Section 13-253, of the Federal Way City Code is hereby repealed as follows: 13 253 Civil enforeement (right of way vegetation). Ord. No. , Page 20 Civil enforeemeflt of the f>royisioDs of this article ana the terms ana eonditions of any permit or approyal issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Ciyil enforcement is in addition to, and does not limit any other forms of eRforeemeDt available to the city iDeludiHg, but Hot limited to, criminal sanetions as specified herein or in Chapter 1 FWCC, l\rticles II, III, Huisance and injunetion aetions, or other civil or equitable actioRs to abate, discontiRue, eorreet or aiseourage unla',vful acts iH violatioH ofthis article. (Ora. No. 99 342, ~ 1, 5 1 99) SECTION 34. Chapter 14, Article II, Section 14-70, of the Federal Way City Code shall be amended to read as follows: 14-70 Violation - Penalty. It is unlawful for any person, firm, or corporation to violate or fail to comply with any of the provisions of this chapter. Every persoR cOR'/ieted of a ':iolatioR of any provision of this ehapter shall be pUDishea by a fiRe iD a sum not te exeeed $509.99. Each day ef violatien shall be cORsiderea a sepaFate offeDse. (Ord. No. 99-335, ~ 6,2-16-99) SECTION 35. Chapter 14, Article IV, Section 14-132, of the Federal Way City Code shall be amended to read as follows: 14-132 Administration. The director or designee has the authority to adopt rules and regulations to carry out the provisions of this chapter [Title} and has the authority to administer and enforce this chapter [Title] and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter [Title] or any such rule or regulation. The director shall have the pe';/er, ana it shall be his or her dMty, from time to time, to adopt, publish and enforee mles and regulatioHs not iDeoHsi5tent with this ehapter or with the law for the purpose of ellrrying out the flrevisioRs thereof, and it is unlawful to violate or fail to eomply with any such rule or regulatioD. (Ord. No. 02-432, ~ 1, 11-19-02) SECTION 36. Chapter 14, Article V, Section 14-187, of the Federal Way City Code shall be amended to read as follows: 14-187 Designated official to make rules. The designated official or designee has the authority to adopt rules and regulations to carry out the provisions of this article and has the authority to administer and enforce this article and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article or any such rule or regulation. shall have the power, and it shall be his or her duty, from time to time, te adopt, publish aad enforce THies and regulations Dot ineoRsistent with this chapter or with the la'll for the parpose of earryiRg out the proyisioHs of this article thereof, and it is uRla'.Yful to violate or fail te comply with my such rule or regulatioR. (Ord. No. 95-257, ~ 1, 12-19-95; Ord. No. 96-262, 9 1,2-20-96) SECTION 37. Chapter 15, Article I, Section 15-5, of the Federal Way City Code shall be amended to read as follows: 15-5 Mandatory minimum penalties. Unless another penalty is expressly provided by law, any person found to have committed an act designated a traffic infraction under the provisions of this chapter shall be punished by a penalty of not Ord. No. , Page 21 more than $250.00; provided, however, where any law, rule, or statute provides for any maximum penalty, the actual penalty imposed for a traffic infraction committed within the area designated as the Federal Way neighborhood traffic safety zone shall not be less than 80 percent of the maximum, not including statutory assessments. See also FWCC 15-113; RCW 46.63.110. (Ord. No. 93-163, ~ 2, 1-19- 93; Ord. No. 94-207, ~ 1, 1-4-94) SECTION 38. A new section is added to Chapter 15, Article I, of the Federal Way City Code to read as follows: 15-15 Violations as traffic infractions Failure to perform any act required or the performance of any act prohibited by this title or an equivalent administrative regulation relating to traffic including parking. standing. stopping. and pedestrian offenses. is designated as a traffic infraction unless otherwise provided. except violations of Chapter 8.10 Commute Trip Reduction (CTR); violations of Chapter 8.15 Impoundment of Vehicles Driven by Suspended/Revoked Drivers; and violations of Chapter 8.25 Bicycles. which are as provided therein. SECTION 39. Chapter 15, Article N, Section 15-81, of the Federal Way City Code is hereby repealed as follows: IS 81 Penalty fat' violations. UDless anether penalty is 0*}')ressly pre'/ided by law, any person f-euna te have eommitted an aet whieh violates the proyisions of this article, shall be guilty of a traffie infFaetioR and shall be }')uDished by a penalty of DOt more than $259.00. (Ora. No. 99 1(), ~ 5,3 2090; Ord. }ole. 91 97, ~ 1,5 21 91) SECTION 40. Chapter 15, Article V, Section 15-151, of the Federal Way City Code is hereby repealed as follows: 15 IS1 Penalty fat' "liolation. UDless othenyise pro'/ided, any person violating any of the pre"lisioRs Elf this aivisioR shall be guilty of a traffie iRffaetion, p1:ffi.ishable by a mll1dmum fiDe of $250.90. (Ora. Ne. 90 ()9, ~ 2, 7 18 99) SECTION 41. Chapter 15, Article V, Section 15-167, of the Federal Way City Code is hereby repealed as follows: IS 167 Penalty fot' violation. ViolatioR of this divisieR is a trame infraction, and shall be puaishea by a penalty of $250.90. (Ora. No. 90 35, ~ 6,220 90) SECTION 42. Chapter 15, Article VII, Section 15-204, of the Federal Way City Code shall be amended to read as follows: 15-204 Responsible agency. The city's public works department director or designee has the authority to adopt rules and regulations to Carry out the provisions of this article and any CTR plan adopted pursuant to it. and has the authority to administer and enforce this article and any such CTR plan. rules. or regulations. It is unlawful Ord. No. , Page 22 to violate or fail to comply with any provision of this article or any such rule or regulation. shall be respoDsible for implementing this artiele, the CTR plan, and the city's CTR program for its O'Nfl employees. The public vlOrks director shall have the aMthority is al:lthorized to issue such rules and administrative proeedures as are necessary to implement this article. (Ord. No. 93-164, ~ 1(18.30.040), 1- 19-93) SECTION 43. Chapter 15, Article IX, Section 15-246, of the Federal Way City Code shall be amended to read as follows: 15-246 Additional Penaltyies; Scooter safety school. (a) f~DY person violating my flre'/ision oftRis artiele shall be guilty of a traffie intraetioD and shall be punished by the impositioR of a mODetary peBalty Dot te exeeed $259.99, exelusive ef statutory assessments; flrovided, that CORauet that eonstitl:ltes a eriminal kaffle offeRse may be eharged as sueh and is subjeet to the maximum flenalties allowea for sueR effeRses. (b) Seeeter safety sehool. (1) In addition to the other means of enforcement provided in this article, a scooter safety school is hereby authorized to be administered jeifltly by the police department ana the department of parks, reereatien ana eulmral serviees 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 police department and deflartment of parks, reereatioR aaa eultaml 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 police department. (Ord. No. 04-464, ~ 7,9-21-04) SECTION 44. Chapter 16, Article II, Section 16-37, of the Federal Way City Code shall be amended to read as follows: 16-37 Enforcement officer. The public works department director or designee has the authority to adopt rules and regulations to carry out the provisions of this article and has the authority to administer and enforce this article and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article or any such rule or regulation. or designee shall be resfloBsible for the eRforcement of the provisions of this di'/isioD. (Ord. No. 91-90, ~ 9, 3-19-91; Ord. No. 99-342, ~ 10,5-4-99) SECTION 45. Chapter 16, Article II, Section 16-39, of the Federal Way City Code is hereby repealed as follows: H; 39 Civil enforeemeBt. Civil enforeement of the provisions of this di'iision shall be go'/emed by Chapter 1 FWCC, ,^stiele III, Ci';il ERfercemeBt of Code. Ciyil enf-oreement is in additioB te, and does Dot limit afty other forms ef enforcement ayailable to the eity incluaiBg, bl:lt Bot limitea to, erimiDal sanetions as speeified hereiD and iD Chaflter 1 FWCC, ,A~rticles II, III, nuisanee and iBjunetioD aetions, er other eiyil or equitable aetioBs to Ord. No. , Page 23 abate, discontiHue, correct or discol:1rage l:1nlav.ful aets in yiolatioD ofthis divisioR. (Ord. No. 91 90, ~ 8, 3 1991; Ord. No. 99 342, ~ 10,5 4 99) SECTION 46. Chapter 16, Article III, Section 16-77, of the Federal Way City Code shall be amended to read as follows: 16-77 Created. ta1 There is hereby created and established the surface water management utility of the city under which the provisions of this afliele subtitle shall be carried out. The lJublic works department director or designee has the authority to adoot rules and regulations to carry out the provisions of this article r subtitle 1 and has the authority to administer and enforce this article r subtitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article r subtitle 1 or any such rule or regulation. (b) The utility herein created shall Be admiDistefed BY the publie works direetor. (Ord. No. 90-32, ~ 2, 2-13-90) SECTION 47. Chapter 17, Article II, Section 17-28, ofthe Federal Way City Code is hereby repealed as follows: 17 28 Civil penalty. ID additioD te, or as an akemati'/e te, aft)' other peRalty provided iR this artiele or by la--.v, 8RY perSOB '.vho violates any pro'/ision of any busiDess lieeBse. ordiDanee shall be subjeet te a eiyil peRalty iB 1m amoHftt Dot te exeeea $250.09 per '/iolatien to Be direeHy assessed by the aireeter. The airector, in a reasoDable manner, may vary the amount of the penalty assessea to eOBsider the aflpropriateBess ef the flenalty to the size of the BusiRess of the violator; the gravity of the '/iolatioB; the Bumeer of past and present violatioRs committed ana the goea faith ef the yiolater in attemptiRg te aehieye eomplianee after notifieatieR of the '/iolation. 1\1l eiyil penalties assessed '.vill be enf-oreed and eolleeted in acoordanoe with the proeedur.e specifiea \:Hider this article. (Ord. No. 90-27, ~ 1(6.64.420),2-13-90) SECTION 48. Chapter 17, Article II, Section 17-29, of the Federal Way City Code is hereby repealed as follows: 17 29 ;"Additional eRforeement. NotwithstandiHg the existeRce or use of any ether remeay, the direeter may seek legal er equitable relief to enjoiD afty aets or flraetiees 'Nhich eODstitl:lte or will eOBstitMte a violation of afty busiRess lieense ordiaanee or other regulations adopted iB this article. (Ord. No. 90-27, ~ 1(6.64.430),2-13-90) SECTION 49. Chapter 18, Article II, Section 18-46, of the Federal Way City Code shall be amended to read as follows: 18-46 Designation of responsible official. (aD For those proposals for which the city is a lead agency, the responsible official shall be the director of the department of community development. The responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement, and perform any other functions assigned to the lead agency or responsible official by the State Environmental Policy Act rules. (b~) The responsible official shall be responsible for the city's compliance with Chapter 197-11 WAC whenever the city is a consulted agency, and is authorized to develop operating procedures that will Ord. No. , Page 24 ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the city. (3) The director of the department of community development has the authority to adopt rules and regulations to carry out the provisions of this article rTitle 1 and has the authority to administer and enforce this article rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article rTitlel or any such rule or regulation. (Ord. No. 90-40, ~ 1(20.40.10, 20.40.20),2-27-90; Ord. No. 04-468, ~ 3, 11-16-04) SECTION 50. Chapter 18, Article III, Section 18-161, of the Federal Way City Code shall be amended to read as follows: 18-161 Purpose and authority. The city adopts these regulations under the authority of the Shoreline Management Act of 1971, Chapter 90.58 RCW, as amended, and the Shoreline Management Guidelines, Chapter 173-14 WAC. The director of the department of community development has the authority to adopt rules and regulations to carry out the provisions of this article (Title 1 and has the authority to administer and enforce this article rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article rTitlel or any such rule or regulation. (Ord. No. 90-38, ~ 1(24.10),2-27-90; Ord. No. 98-323, ~ 3, 12-1-98; Ord. No. 99-355, ~ 3, 11-16-99) SECTION 51. Chapter 19, Article IV, Section 19-153, of the Federal Way City Code shall 'be amended to read as follows: 19-153 Authority. The director of public works has the authority to adopt rules and regulations to carry out the provisions of this article rchapterl and has the authority to administer and enforce this article rchapterl and any such rules and regulations including making determinations regarding concurrency and issuing capacity reserve certificates (CRCs) according to the procedures in this article. It is unlawful to violate or fail to comply with any provision of this article rchapterl or any such rule or regulation. shall be responsible for implementiag and enforeiDg this article ana adoptiDg proeeffiwes te implem.ent this artiele, iDCludiDg makiag determiDations regarding eencurreDey and issuiRg ellf)aeity reserve eertifieates (CR-Cs) aceording to the proeedl:H'es in this artiele. The director's determination of concurrency and the issuance or nonissuance of a CRC shall be integrated, insofar as possible, with any applicable decision making processes on permits, applications, and proposals submitted to the city for review and decision. For each development activity subject to concurrency evaluation and the requirement for a CRC, the director shall determine how the review can be best integrated with the decision making process. (Ord. No. 06-525, ~ 1 (Exh. A), 6-6-06) SECTION 52. Chapter 20, Article I, Section 20-5, of the Federal Way City Code shall be amended to read as follows: 20-5 Violations, enforcement and penalties. (a1) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells~ eF transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel without having a final plat, short plat, boundary line adjustment, or binding site plan filed for record, or who otherwise violates or fails to comply with any of the provisions of this chapter, or any ameDdment thereto, shall be guilty of a gross misdemeanor punishable by a fiDe of not more than $5,009 for eaeh offense. Each StJGh violation Ord. No. , Page 25 involving a sale, offer for sale, lease or traRsfer of eaeh separate lot, tract or parcel of land shall bo deomed .lli a separate and distinct offense; provided, howeyer, an offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following preliminary plat approval shall not be deemed iD is not a violation of this chapter if performance of the offer or agreement is expressly conditioned on the recording of the final plat containing the lot, tract or parcel. All payments on account of an offer or agreement conditioned as provided in this section shall be deposited in an escrow or other regulated trust account and no disbursement to the seller shall be permitted until the final plat is recorded. (b2.) Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of this chapter, any pro-visioa of the local subdivisioa regalatioRs, or any term or condition of plat approval prescribed for the plat by the local gO'/ernment, then the proseeHtiag attorney, or the atterney general if the proseeHtiag attorney shall fail to aet, the City may commence an action to restrain and enjoin such use and compel compliance with the provision provisioRs of this ehapter or the loeal regulatieRs, or with sueh terms or conditions. The costs of such action may be taxed against the violator. (eJ) Any person who violates any court order or injunction issued pursuant to this chapter is guilty of a misdemeanor. shall he subjeet te a fiae ef not more than $5,999 or impriseBmont fer Dot mere than 90 days er both. (~) No building permit, septic tank permit, or other development permit, shall be issued for any lot, tract, or parcel of land divided in violation of this chapter or loeal regulatioas adopted pursuant thereto unless the authority. authorized to issue such permit finds that the public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with provisions of this chapter and each purchaser or transferee may recover his or her damages from any person, firm, corporation, or agent selling or transferring land in violation of this chapter or leeal regulatioRs adopted parsaaflt thereto, including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of this chapter as well as cost of investigation, suit and reasonable attorneys' fees occasioned thereby. Such purchaser or transferee may as an alternative to conforming his property to these requirements, rescind the sale, or transfer and recover costs of investigation, suit and reasonable attorneys' fees occasioned thereby. (e5) The director of the department of community development has the authority to adopt rules and regulations to carry out the provisions of this chapter rTitle 1 and has the authority to administer and enforce this chapter (Title 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle 1 or any such rule or regulation. In the alternati':e er, te the extent allov.'ed hy lav:, in addition to the remedies prescribed in this section, the city, throagh its al:ItHori:i3ea ageftts, may pursue any other enforcement authorized by law. eommeRee an actien te eDforee this ehapter, any local subdivision r.egalation er aft)' term or eODai-tioD ef plat approyal preseribed by tHe city eoaneil, aecordiRg to Chapter 1 FWCC, .\rticle III, Ciyil Enforeement of Code. Ci'/il eRforeement is iR adaitioR to, ana does Dot limit afty other forms ef enforcement a'.ailable to the eity including, but Ret limited to, crimiRal sanctions as speeified iD this seetion aRd in Chapter 1 FWCC, .^~rtieles II, III, auisanee and InjuRction f~etions, or other eiyil or equitable aetions to abate, discontinue, correet or discoW'age HBlawful aets ia '/iolation of this ehapter, aft)' loeal sabdivision regulatioa or any term or cODditioR of plat approval prescribed by the eity eOHBeil. The eity may also commenee an aetion to restrain and enjoia '/iolatioas of this ehapter or of afty term or eondition of plat approval prescribea by the eity, ancl/or to cOl'Bj3el compliance '.vith the proyisioRs of this ehapter, or with such terms or eOHditions. Ia the e'/ent such action is commeneea, the costs ofsueh actioD may be taxed agaiast the violator. (Ord. No. 90-41, ~ 1(16.460.10, 16.460.20),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 99-342, ~ 11,5-4-99) SECTION 53. Chapter 21, Article I, Section 21-4, of the Federal Way City Code shall be amended to read as follows: Ord. No. . Page 26 21-4 Administration and Enforcement. The director of public works or designee has the authority to adopt rules and regulations to carry out the provisions of this chapter (Title 1. may approve. conditionally approve or deny an application for regulated activities. and has the authority to administer and enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle 1 or any such rule or regulation. or his or her designee shall admiflister this ehapter, ana shall haye the authority to develop aRd adopt administratiye preeedures to admiRister and eRforce this ehapter. (Ord. No. 99-352, ~ 3, 11-16-99) SECTION 54. Chapter 21, Article II, Section 21.14, of the Federal Way City Code is hereby repealed as follows: 11 14 Re"/iew llod llppFeVlllllstherity. The director, or his or her aesignee(s), may approve, eORditioRally appro'/e er aeny aH applieation for regulated aetiyities under this artiele. (Ord. No. 99 352, ~ 3, 11 16 99) SECTION 55. Chapter 21, Article II, Section 21-15, of the Federal Way City Code is hereby repealed as follows: 21 IS EnfoFeement. The direetor shall eDforce this article, and the terms and ceflditions ef any applieatieR, permit or approval for regulated aetivities grantea uflaer this article, asing Chapter 1 F\VCC, .\rtiele III, Ci'/il EnforeemeDt of Code. Civil eflforeement is in aaditioD te, aDd does net limit, any other forms ef eDforeement available to the eity ifleludiRg, bat flet limited to, criminal sanetieRs as speeifiea her.eifl or iD Chapter 1 FWCC, .^..rticles II afld III, fluisance and ifljunetiofl actiofls, or other eiyil or eqaitahle aetioRs 1e abate, aiseentinl:le, correct er aisee\H'age uDla'.vful aets iR violatieR of this ehapter. (Ord. Ne. 99 352, ~ 3, 11 1(99) SECTION 56. Chapter 21, Article II, Section 21-16, of the Federal Way City Code shall be amended to read as follows: 21-16 Inspection. (1) Activities. All activities regulated by this aRiele chapter rTitle 1, except those exempted under FWCC 21-7, shall be inspected by the director or his or her designee(s). The director or designeetsj shall inspect projects at various stages of the work requiring approval to determine that adequate control is being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction; installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and completion of project. When required by the director, a special inspection and/or testing shall be performed. Any applicant who has obtained the approval of the director under this article shall permit the director or designeetsj access to the property, when requested, to permit the inspections required by this section. (2) Stormwater facilities. The director shall develop and implement a regular inspection program. including a master inspection and maintenance schedule. for all public and private stormwater facilities in Federal Way. Inspections shall be no less frequently than annual. Inspections may be scheduled more frequently if determined by the director to be necessarv for any reason. If. during the course of the inspection program. additional existing stormwater facilities are discovered. they shall be added to the master inspection and maintenance schedule. Ord. No. , Page 27 (3) Water quality. The director or designee may inspect BMPs. examine surface and groundwater. or sample surface or groundwater as often as is necessary to determine compliance with this chapter rTitle l. (Ord. No. 99-352, ~ 3, 11-16-99) SECTION 57. Chapter 21, Article III, Section 21-30, of the Federal Way City Code is hereby repealed as follows: 21 JO Inspeetion program. (a) Program. The aireetor shall de'lelop and implemeat a program and proeedures for the r-egular iaspeetion of all public and priyate stofffi'.vater fooilities in Federal Way. l\S part of that program, or whenever there is probable eause to believe that a yiolatioa of this chapter or artiele has been or is being committed, the direetor (or his or her designated inspector) is authorized to inspeet all publie ana priYate portions of the stormwater draiflage systems withifl Federal Way duriDg regular workiBg holH's aRa at other reasoflable times te aetermifle eomplianee with the proyisioBs of this ehapter. (b) Sehedule. ,^..s part of the iaspeetiofl pregram, the airecter shall establish a master inspeetiea and maiDteBanee sehedule. InspectieBs shall be annual, at a miflimum. Critical stormwater faeilities may require a more frequent iBspeetion seheaule. If, duriflg an iDspeetioa, a faeility is founa Bot te be ifl compliance with the standards describea ifl the Federal V/ay Storm'.vater System Operation and Maifltenanee Manual, all subsequent iDspectiofl and maiHteBanee ifltervals shall be sehedulea more frequefltly if determiBed by the direetor te be Beeessary ifl oraer to assure future eOlBf)lianee. If, duriflg the course of the iDsf)eetion prog&m, additional existiDg stermwater faeilities aFe discevered, they shall be addea to the master iaspeetieB and maiHteaanee sehedule. (Ord. No. 99 352, ~ 3, 11 1699) SECTION 58. Chapter 21, Article III, Section 21-31, of the Federal Way City Code shall be amended to read as follows: ~ 21-16.5 Entry into private facilities or on private property to stormwater faeilities. As part of an inspection program. or whenever there is probable cause to believe a violation of this chapter rtitle1 exists or has occurred. the director or designee is authorized to inspect. during regular working hours and at other reasonable times. any public or private property regarding conditions relating to possible pollution of surface or groundwaters. as well as all public and private portions of the stormwater drainage systems within Federal Way. to determine compliance with this chapter rtitlel. Prior to making any inspections of private facilities or on private property, the inspector shall present identification credentials, state the reason for the inspection and request entry. Whenever an onsite inspection of private property is made. the findings shall be recorded. A copy of the inspection findings shall be furnished to the owner or the person in charge of the property after the conclusion of the investigation and completion of the inspection findings. (1) If the property or any building or structure on the property is unoccupied, the inspector shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry. (2) If after reasonable effort, the inspector is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the stormwater drainage system creates a risk of imminent harm to persons or property, the inspector may enter. (3) If entry is not consented to by the owner or person(s) in control of the property or portion of the property, and no conditions are reasonably believed to exist which create a risk of imminent harm, the inspector shall obtain a search warrant prior to entry. To the extent authorized by the laws of the state of Washington, the Federal Way municipal court is hereby authorized to issue a warrant permitting the inspection of privately owned stormwater facilities, upon a showing of probable cause to believe that a provision of this chapter has been or is being violated. Ord. No. , Page 28 (4) The inspector may also inspect the stormwater drainage system without obtaining a search warrant provided for in subsection (3) of this section, provided the inspection can be conducted while remaining on public property or other property on which permission to enter is obtained. (5) In the event any person, whose property has previously been provided with utility fee credits for onsite water quantity/quality control, refuses to allow the director to inspect said facility or commits a violation of this chapter, the director shall cancel the water quality/quantity credits for said property accordingly. Whenever the director shall make such an adjustment, a notice and order of adjustment shall be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the postal service, within three days of mailing. The owner may request the director to reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the notice. The director's decision on any such reconsideration shall be fmal and not subject to further appeal. (6) In the event any person, whose property has previously been provided with a reduced intensity of development classification as the result of the existence of a detention facility on said property, refuses to allow the director to inspect said detention facility or commits a violation of this chapter, the director may adjust the intensity of development classification for said property and the billing rate for said property. Whenever the director shall make such an adjustment, a notice and order of adjustment shall be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the postal service, within three days of mailing. The owner may request the director to reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the notice. The director's decision on any such reconsideration shall be final and not subject to further appeal. (Ord. No. 99-352, g 3, 11-16-99) SECTION 59. Chapter 21, Article III, Section 21-32, of the Federal Way City Code shall be amended to read as follows. ~22-16.6 Inspection and maintenance records. (al) Records for new facilities. Records of new public or private stormwater facilities shall include the following: (+!!) As-built plans and locations. (~Q) Findings of fact for any exemption granted by the city of Federal Way. (~) Operations and maintenance requirements and records of inspections, maintenance actions and frequencies. (44) Engineering reports, if prepared prior to or during construction of the facility. (b2) Records for existing facilities. Upon the request of the director, all owners of existing storm drainage systems shall provide the director with all inspection, maintenance and repair records for their facilities, as well as any existing record drawings or diagrams of their storm drainage systems. (Ord. No. 99-352, ~ 3, 11-16-99) SECTION 60. Chapter 21, Article III, Section 21-33, of the Federal Way City Code shall be amended to read as follows. ~ 21-16.7 Reporting. The director shall report annually to the Federal Way city council about the status of the inspections. The annual report may include, but need not be limited to, the portions of the components found in and out of compliance, the need to upgrade components, enforcement actions taken, compliance with the inspection schedule, the resources needed to comply with the schedule, and comparisons with previous years. (Ord. No. 99-352, ~ 3, 11-16-99) Ord. No. , Page 29 SECTION 61. Chapter 21, Article III, Section 21-34, of the. Federal Way City Code is hereby repealed as follows: 21 J4 Enfareement. The director shall enf-oree this article USiDg Chapter 1 FWCC, Article III, Ci'lil BRforeement ef Code. Ci'/il enforcemeDt is iR addition to, and does flOt limit, any other f-orms of eRf-orcemeRt available to. the eit)' including, but not limite a to, eriminal sanetioRs or other remedies as speeified hereiR or in Chapter 1 FWCC, ,^~rticles II and III, nuisance and iRjMfletion actioDs, or other civil or equitable aetions to abate, diseoBtiDue, eorreet or diseoMfage ufllawful acts iD violatioR of this ehapter. (om. No. 99 352, ~ 3, 11 Hi 99j SECTION 62. Chapter 21, Article N, Section 21-41, of the Federal Way City Code shall be amended to read as follows: 21-41 Enforcement. (a1) Violations. Notwithstanding the requirements of FWCC 21-36 through 21-39, if a person has properly designed, constructed, implemented, and is maintaining BMPs according to the BMP manual, is carrying out AKART as required or approved by the director, and/or has modified existing practices as specified by the director, and contaminants continue to enter surface and stormwater or groundwater; or the person can demonstrate that there are no additional contaminants being discharged from the site above the background conditions of the water entering the site, then that person shall not be in violation of water quality provisions of this article. Said person however, remains liable for any prohibited discharges through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges in violation of this article that allow contaminants to enter surface and stormwater or groundwater. (&2) Additional guidance. The director, in consultation with other departments of Federal Way government, may develop and implement additional guidance information which describes the goals, objectives, policies, and procedures for a water quality investigation and enforcement program. These procedures will describe how the city will investigate and respond to reports or instances of noncompliance with this chapter and shall identify by title the official(s) responsible for implementing the enforcement procedures. (c) Iaspections. The aireetor may observe BMPs or eJ(amiae and/or sample surface aRa stormwater or groMfldwater as otteR as may be fleeessary to determine eompliance '.vith this chapter. The direetor er his or her desigBee is further authorized, as set forth iD FWCC 2l.JQ and 2l.J1, to eater in or UpOfl any publie or pri'/ate property f-or the purpose of iaspeetiDg and iDvestigatiag eOflditieas relating to the pollutiofl of or the possible pollution of surface and/or grOl:1Bdwaters. WBene'/er an onsite inspection of a property is made, the fiadiDgs shall be recorded. ,^~ eopy of the inspeetioD fiDaings shall be mmished to the OWDer or the person in charge of the property after the conclesiofl of the iw:estigation ana completiofl of the inspectioa findiB:gs. (d~) Sampling and analysis. Whenever the director determines that any person has violated or is violating the provisions of this article, the director may require the person responsible for the violation to sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance with sampling and analytical procedures or requirements determined by the director. A copy of the analysis shall be provided to the Federal Way surface water management division. (e) Eaforcement. If the director determiDes that a '1iolation has been eommitted, the airector shall enforce this artiele usiB:g Chapter 1 FWCC, .^stiele III, Civil Eflforeement of Code. Ciyil eDforcement is iD addition to, and does not limit, any other forms of enforeement a'/ailable to the city iflcluding, but HOt limited to, criminal sanetiofls er other remedies as specified herein or iD Chapter 1 FWCC, ,^Jticles II and Ord. No. , Page 30 III, NuisaDce and Injunetion actions, or other civil or equitable aetions to abate, diseontiDue, eorrect or diseourage unlawful aets in violation of this chapter. ff) ill Summary abatement. In addition to the remedies speeified by Chapter 1 FWCC, .^~rticle III, Civil EDforcement of Code, '.vheneyer Whenever any violation of this article causes or creates a condition, the contiHuea existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. The costs of such summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in Chapter 1 FWCC, Article III, Civil Enforcement of Code. (Ord. No. 99-352, ~ 3, 11-16-99) SECTION 63. Chapter 21, Article V, Section 21-104, of the Federal Way City Code shall be amended to read as follows: 21-104 General provisions. (a) Application of article. This article shall apply to all areas of special flood hazards within the jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "The Flood Insurance Study for Federal Way" dated May 16, 1995, and any revisions thereto, with an accompanying flood insurance rate map (FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this article. The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available information for flood hazard area identification as outlined in FWCC 21-106 shall be the basis for regulation until a new FIRM is issued that incorporates data utilized under FWCC 21-106. (b) Penalties for noncompliance. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this article and other applicable regulations. YiolatioRs ef the pro'lisions of this article by failure to comflly with any of its requirements (iDeludiflg violatiofls of eOflditioRS ana safeguards established in eonReetion with eonaitioDs) shall be enf-orced by tHe direeter pursMant to Chapter 1 FWCC, .^sticle III, Civil Bflfercement of Code. Ci'/il enf-oreement is iD addition to, ana aoes Hot limit, any other forms ef enforeement a'/ailable te the eity iReluding, bat flot limited to, erimiflal sanetions or other remedies as specified herem or ifl Chapter 1 FWCC, :\rticles II aBd III, fluisanee and injufletion aetions, or other eiyil or equitable aetions te abate, diseontift1::le, eorrect or discm:lFage unla-v:ful acts ia vielation of this ehapter. (c) Summary abatement In aaaition to the remedies speeifiea by Chapter 1 FWCC, Artiele III, Civil Eflf-or.eement of Code, ':meDever Whenever any violation of this article causes or creates a condition,.-tBe continued existeDee of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after abatement. The costs of such summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in Chapter 1 FWCC, Article III. Civil Enforcement of Code. (d) Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this article and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (e) Interpretation. In the interpretation and application of this article, all provisions shall be: (1) Considered as minimum requirements; (2) Liberally construed in favor of the governing body; and (3) Deemed neither to limit nor repeal any other powers granted under state statutes. (f) Warning and disclaimer of liability. The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Ord. No. , Page 31 Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or natural causes. This article does not imply that land outside the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This article shall not create liability on the part of Federal Way, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this article or any administrative decision lawfully made hereunder. (Ord. No. 06-536, ~ 2(Exh. A), 11-7-06) SECTION 64. Chapter 22, Article I, Section 22-11, of the Federal Way City Code shall be amended to read as follows: 22-11 Violation of this chapter. W Violations. It is unlawful for any person to do or cause any of the following to be done and for a property owner to permit any of the following to be done on his or her property contrary to or in violation of this chapter: (1) Construct, in any way alter, or move any improvement. (2) Engage in any activity. (3) Use or occupy any structure or land. (4) Conduct any use. (5) Create any conditions. It is also unlawful for any person to fail to perform any activity or obligation required by this chapter. Violations identified hereifl shall cOllstimte misaemeanors subjeet to crimillal pr.ese(;)Mtien, pUflishable as set forth hereifl. This ehapter is also sMbjeet to ei'/il eRf.ereement, as set forth hereifl. (b) CrimiRal enforeement. UpeR eeft'lietiofl of an unlll".vful act uflder or vielatioR ef this ehaf)ter, the property owner or other person may Be pUflished by a fine efRot more than $1,QQQ er imprisollea for flot more than RiRety (9Q) aays or both for each day er part of a day auriDg vihieh the lHllavlful aet or yiolatiofl oeeuTS. The property Elv.'fler or other peTSoD may also Be ordere9 to diseoBtimle the lHllawfal aet or eorreet the '1iolatiofl. Crimiflal 0nforeement is in addition te, afld does net limit aB)' ether forms ef eRforeement a-/ailable to the city illeluaillg, bm not limited te, civil eDforeement as speeified herein or Chaf)ter 1 FWCC, ,A.rticle III, Duisllflee ana iBjlHletion actioDs, or other eivil er equitable aetiefls te abate, diseentiRue, eOffect or diseourage ufllawful acts in '/iolation of this ehaf)ter. (c) Civil eflfereement. Civil eDf{)r.eement of the pfOyisiofls of this chapter and the terms and eORaitieRs of any permit or approval issue a parsuant to this ehaf)ter shall be go'/emea BY Chaf)ter I FWCC, J\rtiele III, Ci'/il Eflfor.eement of Code. Ciyil eDforeemont is ifl additiofl te, ana aoes Ret limit any other f{)rms sf enforeeffioflt a';ailable to the eity ineluding, but Dot limited te, erimiDal sanetiofls as specified herein or Chapter 1 FWCC, Artieles II, III, fluisaBee llfld injMfl.etiofl aetiefls, or other eivil or equitable actioDs to abate, diseontiDue, eorreet or discourage uDlawful aets ifl yielatieR of this ehapter. (Ord. No. 90-43, ~ 2(175.45), 2-27-90; Ord. No. 99-342, ~ 5, 5-4-99) SECTION 65. Chapter 22, Article II, Section 22-101, of the Federal Way City Code is hereby repealed as follows: 22 un Cenerol responsibility. The department of eommuDity de'/elopment is respoDsible for the geDeral administFation of this ehapter. The eity maflager shall appoint a director of that department and other staff memeers as is appropriate for the aaministratiofl of this chapter. (Ord. No. 90 13, ~ 2(170.5Q), 227 9Q) SECTION 66. Chapter 22, Article II, Section 22-102, of the Federal Way City Code shall be amended to read as follows: Ord. No. , Page 32 22-102 Authority. The director of the department of community development has the authority to adopt rules and regulations to carry out the provisions of this chapter rTitle 1 and has the authority to administer and enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle 1 or any such rule or regulation. The city manager shall appoint a director of that department and other staff members such as a planning official as is appropriate. and may grant them ID additioR to the authority gt'anted to the aepartmeDt of eOffiml:lflity development, the director of comml:lnity aevelopment~ and the plar.aiflg official BY this ehaptor, they shall have whatever additional authority and duties as needed are gt'anted to them by the city maflager, consistent with state and city law. (Ord. No. 90-43, ~ 2(170.55), 2-27-90) SECTION 67. Chapter 22, Article II, Section 22-103, of the Federal Way City Code shall be amended to read as follows: 22-103 Forms and operating procedures. The director of community development may issue application forms, operating procedures, and similar material~ to facilitate the orderly conduct of the department of community development and responsibilities. which shall be used. followed. and enforced. The department of eORuffimity dW/elopment shall use, folio''''' and eflf{)ree these materials as if they were part of this chapter. (Ord. No. 90-43, ~ 2(170.60), 2-27-90) SECTION 68. Chapter 22, Article II, Section 22-121, of the Federal Way City Code shall be amended to read as follows: 22-121 Code enforcement officer - ~ Authority to iRvestigate. The code enforcement officer appointed pursuant to FWCC 22-104 shall may. either upon a complaint or on the officer's own initiative, investigate and pursue enforcement of potential violations of this chapter. (Ord. No. 90-43, ~ 2(175.25(1)),2-27-90) SECTION 69. Chapter 22, Article II, Section 22-122, ofthe Federal Way City Code shall be amended to read as follows: 22-122 Code enforcement officer- Entrance on private property. If the eode eflforeement offieer enters upon Prior to entering private property to investigate potential violations of this chapter, the ~ code enforcement officer, insofar as practicable possible befofe eBteriag upon priyate property, shall present his or her credentials to the owner or person in possession or charge of the property and request entry. If entry is refused, the code enforcement officer may use every lawful means and remedy to obtain entry. (Ord. No. 90-43, ~ 2 (175.25 (2)),2-27-90) SECTION 70. Chapter 22, Article II, Section 22-128, of the Federal Way City Code is hereby repealed as follows: 22 128 Zoning eitatioR. (a) The (;lode enforeemeDt officer ma)' seek issl:lanee of a zODiDg eitatiofl in either ef the follo:wiflg eireumstanees: (1) There is a ':iolatiofl of a posted order te eease activity. Ord. No. , Page 33 (2) If, after the time specified iB tHe flotice of yiolatioB, the activity, cODditioBS, stmctMTe, or use cited in the notice of violation still does not conform to this ehapter. (b) The citatioB 'Hill be issued to the ownor of the property, the occupant or person iH charge of the property and any other person eaasing or allowiBg the actiyity, cODdition, stmcture Of use to exist or occur. The issuance of a eitatioD iDitiates crimiDal proseeation of the violatioB. (Ord. Ne. 90 13, ~ 2(175.10),22790) SECTION 71. Chapter 22, Article II, Section 22-129, of the Federal Way City Code is hereby repealed as follows: 22 129 Civil enfoFeement. The eo de eflf{)fcement offieer shall eBforee the provisions of this chapter ana the terms ana eODditions of any permit or approyal issued pursuant to this chapter as set forth in FWCC n..ll. (Ord. No. 99 312, ~ 5, 5 1 99) SECTION 72. A new section is added to Chapter 22, Article XI, of the Federal Way City Code (FWRC 19.190.070) to read as follows: 22-577 [19.190.0701 Application of Zoninl! rel!ulations. Except as otherwise provided in this title: 1. No building or part thereof or other structure shall be erected. altered. added to. or enlarged. nor shall any land. building. structure. or premises be used. designated. or intended to be used for any pUlJ>ose or in any manner other than is included among the uses listed in this title as permitted in the district in which such building. land. or premises are located. 2. No building or part thereof or structure shall be erected. reconstructed. or structurally altered to exceed in height the limit designated in this title for the district in which such building is located. 3. No building or part thereof or structure shall be erected. nor shall any existing building be altered. enlarged. or rebuilt or moved into any district. nor shall any open space be encroached upon or reduced in any manner. except in conformity to the yard. building site area. and building location regulations designated in this title. for the district in which such building or open space is located. 4. No yard or other open space provided about any building for the purpose of complying with provisions of this title shall be considered as providing a yard or open space for any other building. and no yard or other open space on one (1 ) building lot shall be considered as providing a yard or open space for a building on any other building lot. SECTION 73. Chapter 22, Article XVIII, Section 22-1604, of the Federal Way City Code shall be amended to read as follows: 22-1604 Compliance and enforcement. (a) Compliance with other applicable codes. All signs erected or altered under this article must comply with all applicable federal, state and local regulations relating to signs, including without limitation the provisions of the International Building Code and the National Electric Code as adopted in FWCC 5-66 by the city. If any provision of this Code is found to be in conflict with any provision of any zoning, building, fire, safety or health ordinance or code of the city, the provision which establishes the higher standard shall prevail. (b) Sign maintenance. All signs must be kept in good repair and in a safe manner at all times. The property owner must repair damaged or deteriorated signs within 30 days of notification by the city. The area surrounding freestanding signs must be kept free of litter and debris at all times. Ord. No. , Page 34 (c) ,^...dmiDistrati':e fee. Abatement. In addition to the abatement authority provided by proceedings under Chapter 1 FWCC. Article III. the city or its agents may summarily remove any sign placed on a right-of-way or public property in violation of the terms of this article. All signs removed by the city shall be available for recovery by the owner of such sign for a period of two weeks, after which they will be destroyed. Recovery of any sign removed by the city shall be subject to payment of an administrative fee to partially cover the city's cost in removing and storing the sign as follows: (1) First violation fee: $5.00 per sign. (2) Subsequent violations fee: $7.00 per sign. The city shall not be responsible for damages or loss during removal or storage of any signs. This administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter. (d) Ciyil eDforcement. Ci'/il eflforcement of the proyisioDs efthis article ana the terms aftd eeflditions of aft)' permit or approyal issued pursMant te this artiele shall be governed as set forth below, and by Chapter 1 FWCC, f...rtiele III, Ci'/il Eaforcement ef Code. Ciyil eflforeement is ia additioD to, ana dees flOt limit any other forms of enforeement a'/ailable to the eity includiflg, bl:lt flOt limited te, eriminal sanetioDs as speeified hereiD or Chapter 1 FWCC, Artieles II ana III, nuisanee and iBjuaetion aetiofls, or other ci'/il or equitable actions to abate, diseoDtiDue, eerFeet or discoocage HRlawful aets ia vielatioa of this artiele. (e) R.eserved. tt:) Inspection. The administrator is empowered to enter or inspect any building, structure or premises in the city, upon which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural and electrical connections, and to ensure compliance with the provisions of this Code. Such inspections shall be carried out during business hours, unless an emergency exists. (g) .:\batement by the eity. (1) Authority to r.emoye sign. ,^...s part of afty abatemeat aetiofl under Chaf)ter 1 fWCC, :\rtiele III, the eity or its agents may eflter liflen the sHbjeet property and eause any sign v:hieh vielates the proyisiefls of the sign coae te be removed at the eKfleflse of the owner, teRant, lessee or eeeupant, either jOiDtly or severally. In additien to the aaatement autherity providea by proeeedings under Chaf)ter 1 FWCC, Artiele III, the city or its agents may summarily f0mOye aft)' sign plaeed on a right of way Of" publie property ifl '/iolation of the terms ef this article. Reeovery of eests f.or removal ef any signs as proviaed herein shall be as provided in Chapter 1 fWCC, f...rticle III. (Ord. No. 95-235, ~ 4, 6-6-95; Ord. No. 99-342, 9 5, 5-4-99; Ord. No. 05-486, ~ 3,4-19-05; Ord. No. 06-523, ~ 3(Exh. A), 4-18-06) SECTION 74. 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 75. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one; changes made in this ordinance are intended to be in addition to any changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or Ord. No. , Page 35 modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. SECTION 76. 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 77. Ratification. Any act consistent with the authority and prior to the effective date ofthis ordinance is hereby ratified and affirmed. SECTION 78. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this , 2008. day of CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, 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.: K:\2008 Code Amendments\Code Re-organization\Planning Commission\Code Enforcement authority+procedure.doc Ord. No. , Page 36 EXHIBIT F LAND USE DECISION PROCESS UPDATE ORDINANCE NO. AN ORDINANCE RELATING TO LAND USE PROCESSES, ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 5, 14, 15, 18, 19, AND 22 OF THE FEDERAL WAY CITY CODE. WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found redundant sections and language as well as unclear sections, inaccurate sections, and other sections. that could be revised for better readability and workability; and land use process regulations can be simplified and consolidated; WHEREAS, certain Code provisions need to be modified to coordinate with state and county law requirements in areas of land use processes; WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change numbering or formatting changes that occur pursuant to the reorganization of the Code and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to update its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents ofthe city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 5, Article I, Section 5-6, of the Federal Way City Code shall be amended to read as follows: 5-6 Appeals. Any appeals of any decision rendered pursuant to this chapter, except decisions pertaining to enforcement of this chapter, shall be made to a hearing examiner appointea by tho eity. Procedural rules cOflcomiDg appeals shall bo as provided in process III-IV of Chapter 22 FWCC, Zoning. (Ord. No. 92- 127, ~ 11,2-4-92; Ord. No. 95-234, ~ 1,6-6-95; Ord. No. 98-320, ~ 3, 9-15-98; Ord. No. 99-342, ~ 6, 5- 4-99) Ord. No. , Page 1 SECTION 2. Chapter 5, Article II, Section 5-41, of the Federal Way City Code is hereby repealed as follows: 5 41 ....Appeals. f1ppeals made from any ruling UDder this artiele, exeeflt rulings or aecisions pertaifliflg to enforeement of this artiele, shall be pursuant to FWCC ti. (Ord. tlo. 9Q 33, ~ 66,2 13 90; Ora. No. 92 127, ~ 1,2 1 92; Ord. No. 95 231, ~ 1, (; (; 95; Ora. No. 98 32(), ~ 5,9 15 98; Om. No. 99 312, ~ 6, 5 1 ~ SECTION 3. Chapter 5, Article V, Section 5-91, of the Federal Way City Code is hereby repealed as follows: S 91 fAppeals. ;\ppeals made from my ruling under this artiele, except ruliRgS er deeisions pertainiBg te eafereement of this artiele, shall be pursuant to FWCC ti. (Ord. Ne. 95 231, ~ 1, e 6 95; Ord. Ne. 98 320, ~ 8,9 15 98; Ord. Ne. 99 312, ~ 6,5 1 99) SECTION 4. Chapter 5, Article VI, Section 5-143, of the Federal Way City Code is hereby repealed as follows: 5-143 Appeals. Appeals maae from ~' ruliDg uflder this artiele, e:Keept ruliflgs er aeeisioas flertainiBg to eDforeement of this artiele, shall be flm'suant to FWCC ti. (Ora. No. 92 127, ~ 12,2 4 92; Ora. Ne. 95 231, ~ 1,6 6 95; Ord. No. 98 320, ~ 9,9 15 98; Ord. No. 99 312, ~ e, 5 1 99) SECTION 5. Chapter 5, Article VII, Section 5-167, of the Federal Way City Code is hereby repealed as follows: 5-167 Appeals. Appeals made from any ruling under this artiele, ex.eept ruliDgS or deeisions pertaifling to eHf.oreement of this artiele or any of the 6eaes adoptea hereuflder, shall be pursuant to FWCC li. (Ord. Ne. 98 320, ~ 10,9 15 98; Ord. Ne. 99 312, ~ 6,5 1 99) SECTION 6. Chapter 5, Article VIII, Section 5-220, of the Federal Way City Code shall be amended to read as follows: 5-220 Satisfactory alternate. Notwithstanding any precise requirements of this article, the building official may approve alternate methods of protection and construction and maintenance of swimming pools, provided such alternate methods meet the same essential surety requirements of this article, and it can be demonstrated that such alternate methods are better suited because of peculiar or unusual circumstances and that it is not practical to meet the precise requirements of this article. Any person who seeks to obtain approval of any such alternate and who is denied approval by the building official may appeal pursuant to FWCC 5-6. his-ef her deeisioa to a heariDg examiDer appoimed by the city for sueh fllH'pose by filiflg a Rotice of appeal with the city elerk StatiDg the grOHDds fm the appeal and requesting a hearing to review the decisien by the Ord. No. , Page 2 building offieial. The procedure for sueh appeal shall be as provided in proeess I of Chapter n. FWCC, Zoning. (Ord. No. 90-56, ~ 6, 5-1-90; Ord. No. 95-234, ~ 1,6-6-95) SECTION 7. Chapter 5, Article VIII, Section 5-226, of the Federal Way City Code is hereby repealed as follows: 5 226 ,<\ppeRls. f1ppeals made from afty ruliHg under this artiele, except ruliRgs or aeeisiofls pertammg to enforcemeDt of this artiele, shall be pursuaBt to FWCC 5 6. (Ord. }-lo. 92 127, ~ 9, 2 1 92; Ora. No. 95 231, ~ 1, 6 6 95; Ord. No. 99312, ~ 6, 5 1 99) SECTION 8. Chapter 5, Article IX, Section 5-259, of the Federal Way City Code is hereby repealed as follows: 5 259 fAppeRI pF6eess. hi)' appeals of aB',)' aeeision n~fldered pursuant te this article shall be made te a heariRg e*llDlifler appoimed by the eity. Proeedufalmles eOReeming appeals shall ee as provided ifl preeess I ef Chapter 22 FWCC, Zoniag. (Ord. No. 95 231, ~ 1, 6 6 95) SECTION 9. Chapter 14, Article IV, Section 14-137, of the Federal Way City Code shall be amended to read as follows: 14-137 Appeal to hearing examiner. Any taxpayer aggrieved by the amount of the fee or tax determined by the director to be due under the provisions of this chapter may appeal such determination to the city hearing examiner as provided in process IV of Chapter 22 FWCC. Zoning. iD aecordanee with, and subjeet to the proeedures set forth iD, FWCC 22 131 through 22 160 pursuaBt to Process II f1flfleal Proceehwes. Pending a hearing, a taxpayer may withhold the fee or tax determined by the director. If the tax or fee is withheld, the taxpayer shall pay such amount to the city with interest from the date the amount was withheld. The director shall periodically set the applicable interest rate for withholding. (Ord. No. 02-432, ~ 1, 11-19-02) SECTION 10. Chapter 14, Article V, Section 14-186, of the Federal Way City Code shall be amended to read as follows: 14-186 Appeal to hearing examiner. Any taxpayer aggrieved by the amount of the fee or tax determined by the designated official to be due under the provisions of this chapter may appeal such determination to the city hearing examiner as provided in process IV of Chapter 22 FWCC. Zoning. iD aeeor8anee with, and subjeet to the proeedures set forth in, FWCC 22 131 through 22 160 plH'suaBt te proeess II apfleal procedures. Pending a hearing, a taxpayer may withhold the fee or tax determined by the designated official. If the tax or fee is withheld, the taxpayer shall pay such amount to the city with interest from the date the amount was withheld. The designated official shall periodically set the applicable interest rate for withholding. (Ord. No. 95-257, 9 1, 12-19-95; Ord. No. 96-262, ~ 1,2-20-96) SECTION 11. Chapter 14, Article VII, Section 14-238, of the Federal Way City Code shall be amended to read as follows: Ord. No. , Page 3 14-238 Extension of conditional certificate- Required findings - Denial- Appeal. (a) The conditional certificate may be extended by the director for a period not to exceed 24 consecutive months. The owner shall submit a written request stating the grounds for the extension together with a fee of $150.00 for the city's administrative cost to process the request. The director may grant an extension if the director finds that: (1) The anticipated failure to complete construction within the required time period is due to circumstances beyond the control of the owner; and (2) The owner has been acting, and could reasonably be expected to continue to act, in good faith and with due diligence; and (3) All the conditions of the original contract between the owner and the city will be satisfied upon completion of the project. (b) If an extension is denied, the director shall state in writing the reason for denial and shall send notice to the owner's last known address within 10 calendar days of the denial. An owner may appeal the denial of an extension to the hearing examiner as provided in process IV of Chapter 22 FWCC. Zoning. by filing a flotiee of appeal '?lith the city elerk within 11 caleBaar days after issMaRee of the Botiee ef the deaial. The appeal before the heariBg eKiHRiDer shall fellovl the pro'/isiofls of FWCC 22 397 threMgh ~ ~. The heariBg eKlHHifler's deeisiofl shall be the fiDal deeisieB ef the eity, aRd is Bot sa9jeet te further appeal. (Ord. No. 03-438, ~ 2, 2-18-03) SECTION 12. Chapter 14, Article VII, Section 14-239, of the Federal Way City Code shall be amended to read as follows: 14-239 Final certificate- Application - Issuance - Denial- Appeal. (a) Upon completion of the construction as provided in the contract between the owner and the city, and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, the owner may request a final certificate of tax exemption. The owner shall file with the director such information as the director may deem necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum include: (1) A statement of expenditures made with respect to each multifamily housing unit and the total expenditures made with respect to the entire property; (2) A description of the completed work and a statement of qualification for the exemption; (3) A statement that the work was completed within the required three-year period or any approved extension. (b) At the time of application for final certificate under this section, the owner shall pay to the city a fee of $50.00 to cover the city's administrative costs. (c) Within thirty days of receipt of all materials required for a final certificate, the director shall determine whether the completed work is consistent with the contract between the city and owner, whether all or a portion of the completed work is qualified for exemption under this article and, if so, which specific improvements satisfy the requirements of this article. (d) If the director determines that the project has been completed in accordance with the contract between the owner and the city and the requirements of this article, the city shall file a final certificate of tax exemption with the assessor within 10 days of the expiration of the 30-day period provided under subsection (c) of this section. (e) The director is authorized to cause to be recorded, or to require the owner to record, in the real property records of the King County department of records and elections, the contract with the city required under FWCC 14-236, or such other document(s) as will identify such terms and conditions of eligibility for exemption under this article as the director deems appropriate for recording. (f) The director shall notify the owner in writing that the city will not file a final certificate if the director determines that the project was not completed within the required three-year period or any approved extension, or was not completed in accordance with the contract between the owner and the city Ord. No. , Page 4 and the requirements of this article, or the owner's property is otherwise not qualified for the limited exemption under this article. (g) The owner may appeal the director's decision to the hearing examiner as provided in process IV of Chapter 22 FWCC. Zoning. by filing a notiee of appeal with the eity elerk within 11 ealendar days after issHanee of the notiee of the denial. The appeal before the heariflg examifler shall f-ollow the provisiofls for appeal eontaiDed ifl FWCC 22 397 through 22 106. The owner may appeal the hearing examiner's decision to the King County superior court according to the procedures contained in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.090(6), within 30 days of notification by the city to the owner of the decision. (Ord. No. 03-438, ~ 2, 2-18-03) SECTION 13. Chapter 14, Article VII, Section 14-241, of the Federal Way City Code shall be amended to read as follows: 14-241 Cancellation of tax exemption- Appeal. (a) If at any time the director determines that the property no longer complies with the terms of the contract or with the requirements of this article, or the use of the property is changed or will be changed to a use that is other than residential, or the property for any reason no longer qualifies for the tax exemption, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. (b) If the owner intends to convert the multifamily housing to another use, the owner must notify the director and the King County assessor within 60 days of the change in use. Upon such change in use, the tax exemption shall be canceled and additional taxes, interest and penalties imposed pursuant to state law. (c) Upon determining that a tax exemption shall be canceled, the director shall notify the property owner by certified mail, return receipt requested. The property owner may appeal the determination as provided in process IV of Chapter 22 FWCC. Zoning. by filing a flotiee of &f)peal with the eity elerk, WithiD 30 days after issullflee efthe aecisiofl by the aireetor, specifying the faemal and legal basis for the appeal. The appeal before the heariDg examiner shall follow the proeedures set fafth iD FWCC 22397 throHgh 22 106. f1t the appeal heariflg, all affected parties may be heard ana all eempetent eviaenee reeeived. The hearing examiner shall affirm, moaify, or repeal the deeisien to eaneel the exemption Based on the evideDee reeeiyed. The heariDg examiDer shall gi';e substantial 'Neight te the direetor's deeisioR to eaneel the exemption, and the bl:H'defl of proof and the burdefl of overcomiRg the weight aceeraed te the director's decision shall be UpOR the &f)pellant. '^1R aggrieved party may appeal the heariRg O*affiiner's deeisiofl to the King CouRt)' sl:lperior eow1: ifl aecordanee with the proeedl:tfes in RCW 31.95.519 through 31.05.598, as provided iD R.cW 81.11.110(2), within 30 days after issManee efthe deeisiefl of the hearing examiDer. (Ord. No. 03-438, ~ 2, 2-18-03) SECTION 14. Chapter 15, Article VII, Section 15-212, of the Federal Way City Code shall be amended to read as follows: 15-212 Appeals of administrative decisions. fa) Appeal of final decisions. Employers may file a written appeal of the city's final decisions regarding the following actions: (1) Rejection of an employer's proposed program. (2) Denial of an employer's request for an exemption or modification of any of the requirements under this article or a modification of the employer's program. (3) Denial of credits requested under FWCC 15-210. Such appeals shall be conducted as provided for in process IV of Chapter 22 FWCC. Zoning. must be filed 'Nith the city withiR 20 days after the emplo:yer receives flotiee of a fiflal deeision. ,^Jlliflpeals will be filed and heard by the city's hearing e~{aminer and deeided pursuant to the provisions of Chliflter n Ord. No. , Page 5 FWCC, ZODiDg, ;\rtiele VI, Proeess 1. The hearing examiner shall determine whether or not the appealed decision was consistent with RCW 70.94. (Ord. No. 93-164, ~ 1(18.30.120), 1-19-93) SECTION 15. Chapter 18, Article II, Section 18-51, of the Federal Way City Code shall be amended to read as follows: 18-51 Administrative appeals. (aD Any interested party may appeal to the hearing examiner a threshold determination, er-tke ~ determination of the adequacy of a final environmental impact statement, and the conditioning or denial of an action. No more than one appeal may occur regarding threshold determinations or final environmental impact statements and the appeal shall consolidate any appeals of procedural and substantive determinations under SEP A with any hearing or appeal on the underlying action in a single simultaneous hearing before one hearing officer. except that appeals of a determination of significance~ appeals of a procedural determination made by an agency when the agency is the project proponent. or is funding the project appeals of a procedural determination made by an agency on a nonproject action~ and appeals to the city council. The appeal shall be conducted under the provisions of process N, PWCC 22 431 et seq.; provided, that the notice distribution requirements ofPWCC 22 436(b)(2) process N shall be replaced with the notice distribution requirements of FWCC 18-49. (&2) Appeals are subject to procedures shall be eeflduetea UDder the provisions of WAC 197-11- 680(3). and. Apfleals are subjeet to the restrictions in RCW 36.70B.050 and 36.70B.060 that local governments provide no more than one open record hearing and one closed record appeal for permit decisions. (e1) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion of the giving of required notices, whichever is longer, provided that appeals of determinations of non- significance for which public comment is required are extended seven additional days. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. (a) fJl r.elevant evideRce shall be reeei'/ed dl:H'ing the appeal and the aeeision shall be made ae DO'/O. The determiflation by the eity's responsible offieial shall earry substantial weight ifl any aflfleal proeeediDg. (e) The deeisioD of the heariDg examiRer OD an appeal filed l:lHder this seetiofl shall be fiflal. (f) Appeals of the heariDg examiner's final decisiofl shall first be to the city eOMfleil as provided iD proeess N, FWCC 22 431 et seq. (g) For any aflpeal under this seetion, the sit)' shall provide for a reserd that shall eORsist of the f{)llo:wiDg: (1) FindiRgs afld 6eRelusiofls; (2) TestifRo~' uRder oath; and (3) '^1 taped er written transcript. (h) UpOD filiflg an appeal to the city COl:lflcil or a judicial appeal, any eertified eOflies or vli'itten transcripts required for such shall be preflared by the eity at the expeRse of the aflpellaRt, sabjeet to possible reimbursement oftranscript preparatiofl eosts as pro'lided iD PWCC 22 116. (Ord. No. 90-40, ~ 1(20.240.10 - 20.240.70),2-27-90; Ord. No. 92-133, ~ 4,4-21-92; Ord. No. 93-185, ~ 1, 8-17-93; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 04-468, ~ 3, 11-16-04) SECTION 16. Chapter 19, Article N, Section 19-166, of the Federal Way City Code shall be amended to read as follows: Ord. No. , Page 6 19-166 Appeals. The concurrency determination of the director may be appealed by the applicant or owner using the same process as the underlying deyelopment permit application or as provided for in process IV of Chapter 22 FWCC. Zoning proeess I of Chapter n. FWCC if there is no underlying development permit, substitutiDg the direetor of pub lie works f-or the direetor of community <:hlYelopment. The appeal, in the form of a lettef notice of appeal, must be delivered to the department of public works within 14 calendar days after issuance of the decision of the director. In those cases where the proposed development activity may require a public hearing ooder the aHthority of other ehaflters of this eoae, the hearings may be combined. For example, if the unaedyiflg de'/elof)ment permit aflplieatiofl is a f)relimiflary f)lat, the appeal shall be heard at the prelimiDary f)lat publie heariDg. (Ord. No. 06-525, ~ I(Exh. A), 6-6-06) SECTION 17. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read as follows: 22-32.5 Applications for decision processes. (1) Who may apply. Any person. personally or through an agent. may make application for a process I. II. III. IV. or V land use decision. (2) How to apply. The applicant shall file a completed master land use apolication. Accompanying the application shall be a written description of the decision requested with a response to the decisional criteria as set forth for any particular use. activity. or decision: all information or material that is specified in the provision that describes the decision applied for: and all materials and information noted in FWCC 22-33 that is required by the director. (3) Fee. With the application. the applicant shall submit the fee established by the city. The application shall not be accepted unless it is accompanied by the required fee. (4) Director authority. The director may modify the submittal requirements as deemed appropriate. including requiring any additional forms and any additional information or material that the director determines is reasonably necessary for a decision on the matter. SECTION 18. Chapter 22, Article II, Section 22-33, of the Federal Way City Code shall be amended to read as follows: 22-33 Development application submittal requirements. (a) Generally. All projects which require a determination to be made as to whether a complete application has been submitted must at the minimum provide the information contained within this section. The submittal requirements are not intended to determine if an application conforms to eQity of Federal Way codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. The director may waive any sections determined to be not reasonably necessary. (b) Contents. The following comprise the contents of a complete application for the purposes of this section: (1) Master land use application. (2) Application fees as set out in the adopted fee ordinance. (3) Copy of underlying plat or King County assessor's parcel map. (4) Statement of architectural design intent, finish materials, and colors sufficient to meet the intent of Article XIX, Community Design Guidelines. (5) Vicinity map showing the subject property with enough information to locate the property within the larger area. (6) Current letters of water and sewer availability (only required for vacant property). (7) Two copies of current title report for subject property. Ord. No. , Page 7 (8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic survey, site plan, preliminary drainage and grading plan, preliminary landscape plan, and building elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by- 36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed requirements for the contents of each of these plans is available at the department of eommunity development services. a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet and allow all information to be readable. All plans except building elevation drawings must be at the same scale. b. Design drawings for building permits, including civil <irawings, must be at an engineering scale of one inch represents 20 feet. c. If the development proposal has a value of $75,000 or greater, the site survey, site plan, preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a certified professional licensed in the state of Washington. The survey shall be prepared by a certified land surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a Washington State licensed landscape architect. (9) Site photographs from each compass point (north, east, south, and west) must be referenced on the site plan. (10) Eight copies of the completed, signed, and dated SEPA checklist. (11) List of addresses of all property owners within 300 feet of the boundary of the proposed project (please refer to the city's bulletin titled "ProeeffiHes for ObtaifliDg Mailing Labels"). (12) At least one set of stamped Stamped envelopes addressed to all property owners within 300 feet of the boundary of the proposed project, with address labels obtained from the county within the prior six months. with return address of the City of Federal Way", Department of CemmuRity De'/elopment Services, 33530 first Way South, federal Way, \V,^~ 980Q3 (please refer to speeifie preeess, vlhether process III, N, er V for the Rl:lffiber of sets of eftvelopes te be proyiaea). An additional set is required for process IV or V applications. and an additional set is required if compliance with the State Environmental Policy Act is required. (13) A COpy of the county assessor's map identifying the properties specified in subsection (11) of this section. (1~) Four copies of each special study that may be required (please contact the department ef commuDity development servieels to determine which studies are required for a specific project). Below are special studies that may be necessary with the site plan application. If special studies are required, please provide four copies. a. Level one downstream storm drainage analysis as described in the 1990 King County Surface Water Design Manual (KCSWDM) as amended by Federal Way. b. Detailed narrative on the relevance of the core and special requirements of the 1990 KCSWDM. c. Traffic impact analysis. d. Parking study. e. Soil study. f. Geotechnical study. g. Wetland delineation and/or wetland mitigation plan. h. Stream delineation. i. Significant tree inventory and retention plan. (14~) Any additional information or material that the director of eommuRity de'/elopment services determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, ~ 3,4-1-97) Ord. No. , Page 8 SECTION 19. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read as follows: 22-33.5 Completeness of applications. (1) Within 28 calendar days of receiving an application. the city must determine whether the application is complete. The city will apply FWCC 22-33 to 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 agencies of local. state. or federal government that may have jurisdiction over some aspect of the proposed development activity. An application may be deemed complete under this section even if the city does not provide a written determination to the applicant as required in this paragraph. (2) Within 14 days after an applicant has submitted the additional information identified by the city as being necessary for a complete application. the city shall notify the applicant whether the application is complete or whether additional information is necessary. (3) Additional information. A determination of completeness shall not preclude the city from requesting additional information or studies. either at the time of the letter of completeness or subsequently. if new information is required or substantial changes in the proposed action occur. SECTION 20. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read as follows: 22-36 Authority not affected. Nothing in the decision processes in any way limits the authority of the City. including but not limited to the authority to condition or deny proposals. through any other provision of the Code or other law. SECTION 21. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read as follows: 22-37 Responsibility of applicant and owner. Regardless of any review. approval. inspection. or other actions of the city. it is the responsibility of an applicant and any owner to insure that all work. actions. or conditions on the subject property comply with this chapter. any permits or approvals granted under this chapter. and all other applicable laws or permits. SECTION 22. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read as follows: 22-38 Complete compliance required. (1) Generally. Except as specified in subsection (b) of this section. an applicant must comply with all aspects. including conditions and restrictions. of an approval granted under this chapter in order to do everything authorized by that approval. (2) Exception. subsequent modification. If a specific use or site configuration for the subject property was approved under this chapter or any quasi-judicial process under a previous zoning code. the applicant is not required to apply for and obtain approval through this chapter for a subsequent change in use or site configuration unless: Ord. No. , Page 9 (a) There is a change in use and this chapter establishes different or more rigorous standards for the new use than for the existing use: or (b) The director determines that there will be substantial changes in the impacts on the neighborhood or the city as a result of the change. SECTION 23. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read as follows: 22-39 Lapse of approval- Generallv. An applicant must begin construction or submit to the city a complete building permit application for the development activity. use of land or other actions within one year after the final decision approving the matter. or the decision becomes void. The applicant must substantially complete construction for the development activity. use of land. or other actions approved and complete the applicable conditions listed in the decision within five years after the final decision of the city on the matter. or the decision becomes void. If a land use petition is filed under Chapter 36.70C RCW in King County superior court. the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation. If the development activity. use of land. or other actions approved under this article includes phased construction. the time limits of this section may be extended in the decision on the application. to allow for completion of subsequent phases. SECTION 24. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read as follows: 22-40 Lapse of approval- Time extension. (1) Application. Prior to the lapse of approval under FWCC 22-39. an applicant may submit a written application in the form of a letter with supporting documentation to the department requesting a one-time extension of those time limits of up to one year. (2) Criteria. The request must demonstrate that the applicant is making substantial progress on the development activity. use of land. or other actions approved under this article and that circumstances beyond the applicant's control prevent compliance with the time limits of FWCC 22-39. (3) Fee. The applicant shall include. with the letter of request. the fee as established by the city. The application will not be accepted unless it is accompanied by the required fee. (4) Review process. An application for a time extension will be reviewed and decided upon by the director. (5) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that decision. The appellant must file a letter of appeal indicating how the decision on the time extension effects the appellant's property and presenting any relevant material or information supporting the appellant's contention. The appeal will be heard and decided upon using process IV. Pursuant to Chapter 36.70B RCW. any time limit upon the city's processing and decision upon applications under this chapter may. except as otherwise specifically stated in this chapter. be modified by a written agreement between the applicant and the director. SECTION 25. A new section is added to Chapter 22, Article II, of the Federal Way City Code (FWRC 19.25.005) to read as follows: 22-145.5 [19.25.0051 Bonds. The city may require a bond under FWCC 22-146 et seq. rChapter 19.251 to insure compliance with any aspect of a permit. review. or approval. Ord. No. , Page 10 SECTION 26. Chapter 22, Article III, Section 22-216, of the Federal Way City Code shall be amended to read as follows: 22-216 ......ppliealJle proeess. Development rel!ulation amendments. The city will use process VI described in FWCC 22 516 through 22 53.0 to review and decide upon a proposal to amend the text of this chapter development regulations. (Ord. No. 90-43, ~ 2(135.10),2-27- 90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 27. Chapter 22, Article N, Section 22-236, of the Federal Way City Code shall be amended to read as follows: 22-236 ;\ppliealJle praeess. Comprehensive plan amendments. The city will use process VI deseribed in FWCC 22 516 throagR 22530 to review and decide upon a proposal to amend the comprehensive plan. (Ord. No. 90-43, ~ 2(140.10),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 28. Chapter 22, Article III, Section 22-276, of the Federal Way City Code shall be amended to read as follows: 22-276 f..ppliealJle praeess. Lel!islative rezones The city will use process VI deseribea iB FWCC 22 516 threugh 22 530 to review and decide upon a proposal for a legislative rezone. (Ord. No. 90-43, ~ 2(130.15), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 29. Chapter 22, Article IV.A, Section 22-345, of the Federal Way City Code shall be amended to read as follows: 22-345 Generally. A decision by the director of community development as to the meaning, application or intent of any development regulation or procedure in this chapter is known as an "interpretation." An interpretation may be requested in writing by any person or may be initiated by the director of community development. This article establishes the procedure and criteria that the city will use in deciding upon a written request to interpret the provisions of this chapter and in issuing any other written interpretation of this chapter. The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of this chapter. Any appeals of an interpretation by the director of community development under this article may be appealed to the city's hearing examiner as provided for in this article. (Ord. No. 00-375, ~ 10, 10- 3-00) SECTION 30. Chapter 22, Article IV.A, Section 22-346, of the Federal Way City Code shall be amended to read as follows: 22-346 Purpose. An interpretation of the provisions of this chapter clarifies conflicting or ambiguous application. wording, er-the scope" or intent of the provisions of this chapter. An interpretation of the provisions of this chapter may not be used to amend this chapter. (Ord. No. 00-375, ~ 10, 10-3-00) Ord. No. , Page 11 SECTION 31. Chapter 22, Article IV.A, Section 22-347, of the Federal Way City Code shall be amended to read as follows: 22-347 Applications. (a) Who may apply. Any person, personally or through an agent, may make application for an interpretation. (b) How to apply. The applicant shall file a completed master land use application along with a written description which at a minimum clearly states: (1) The interpretation requested; (2) The applicable Federal Way City Code section(s) which the applicant requests the director to interpret; and (3) Relevant information and arguments which support the requested interpretation. (c) Fee. With the application, the applicant shall submit the fee established by the city. The application shall not be accepted unless it is accompanied by the required fee. (d) Director authority. The director ef eemmunity de'lelopment serviees may modify the submittal requirements as deemed appropriate. (e) Routing of application. An application for an interpretation shall be routed to the director ef eemHRinity de',elopment serviees. The director may route for comment an application for an interpretation to other staff members or departments. (Ord. No. 00-375, ~ 10, 10-3-00; Ord. No. 01-399, ~ 3,8-7-01) SECTION 32. Chapter 22, Article IV.A, Section 22-348, of the Federal Way City Code shall be amended to read as follows: 22-348 Interpretations. The director of eomtlR:1nity deyelopment serviees may, acting on his or her own initiative or in response to a written application iDquiry, ifl the f-ormat oatliDed iD FWCC 22317, issue interpretations of any ofthe provisions ofthis chapter. (1) Applicability. A code interpretation requested by a person other than the pr.ojeet proponeBt or property owner must be requested prior to the date of expiratioft of an)' applieable aamiftistfative appeal period for a land use decision OD the applieatioB to which the request relates. Any code interpretation requested after the applicable administrative appeal period a land use decision shall not affect an issued permit or decision. (2) Criteria. The director shall base an interpretation on: (a} The defined or the common meaning, as applicable, of the words in the provision; (b} The general purpose of the provision as expressed in the provision; and (c} The logical or likely meaning of the provision viewed in relation to the comprehensive plan, this chapter, the Federal Way City Code as a whole, or other plans and studies prepared or adopted by the city. (3) Timing. The director of community development shall issue an interpretation mail a ,witten respOflse to any person filing a written request to interpret the provisions of this ehapter within 28 days of having received that ~request. unless otherwise agreed by the director and the requestor. (4) Effect. An interpretation of this chapter will be enforced as if it is part of this chapter. (5) Interpretation file and availability. The director of community development shall maintain an interpretation file that contains all interpretations of this chapter that are in effect. The interpretation file shall be available for public inspection and copying in the department of eommuDity development serviees during regular business hours. . Ord. No. , Page 12 (6) Time limitation. An interpretation of the provisions of this chapter remains in effect until rescinded in writing by the director of community development or until the subject text of this chapter has been amended consistent ,,"ith FWCC 22216. (Ord. No. 00-375, ~ 10, 10-3-00; Ord. No. 01-399, ~ 3, 8-7-01) SECTION 33. Chapter 22, Article IV.A, Section 22-349, of the Federal Way City Code shall be amended to read as follows: 22-349 Notice. (aD Applicability. Interpretations issued by the director of community development that are related to a land use or subdivision application shall be incorporated into the director's decision on the application and be subject to applicable notice provisions for the decision. Interpretations issued by the director of community development that are not related to a land use or subdivision application shall be subject to the notice provisions under this section. (&2) Contents. The director of community development shall prepare a notice of each interpretation that is not related to a land use or subdivision application, containing the following information: (+~) The citation, if any, of the provision(s) of the Federal Way City Code that is the subject of the interpretation along with a brief description of the subject provision(s). (~Q) A summary statement of the interpretation of the affected provision. (~) The date of the interpretation. (44) A statement of the availability of the official file. (~) A summary of the rights, as established in this article, of any person to submit an appeal of the interpretation. (61) The deadline for filing appeals of the interpretation. (eJ) Distribution. Upon issuance of the interpretation, the director of community development shall distribute this notice ofthe interpretation as follows: (+~) A copy of the notice of the interpretation shall be published in the official newspaper of the city. (~Q) A copy of the notice will be posted on each of the official notification boards of the city and public libraries located within the city. (c) A copy of the notice will be mailed to the person who filed the written request. (Ord.No. 00- 375, ~ 10, 10-3-00) SECTION 34. Chapter 22, Article IV.A, Section 22-350, of the Federal Way City Code shall be amended to read as follows: 22-350 Appeals. (aD Any person who is aggrieved by an interpretation issued by the director of eommuBity developmeflt serviees may appeal that interpretation within 11 days of the date of interpretation. (&2) A written notice of appeal must be delivered to the department of community development services within 14 calendar days after issuance of the decision of the director. The appellant must file a letteF notice of appeal iDdicating must indicate how the interpretation affects the appellant his or her property and presenting any relevant arguments or information on the correctness of the interpretation. The notice of appeal must be accompanied by cash or a check. payable to the city of Federal Way. in the amount of the fee as established by the city. The appliCfrDt shall include appeals f.ees as establishea by the city. The appeal will Dot be accepted uDless it is accompaniea BY the required fee. (eJ) Appeals are be governed by process IV. '^1D appeal of an interpretatiofl ef this chapter will be reVieYlea and decided upon using the proeess for appeals outlined iD ,\rtiele VI, Proeess III R-e'/iew Project "^1pproyal, of this chapter. Ord. No. , Page 13 (d:!:) If the interpretation of the director of eommuDity developmeDt serviees is modified after an appeal, the director shall: (+~) Place the modifying decision in the interpretation file; and (2,.\2) Issue an new interpretation as modified. ChaHge or remove, as appropriate, the intel'flretation that was modified. (Ord. No. 00-375, ~ 10, 10-3-00; Ord. No. 01-399, ~ 3, 8-7-01) SECTION 35. Chapter 22, Article IV.B, Section 22-351, of the Federal Way City Code shall be amended to read as follows: 22-351 Process I l!enerallv. CeneFally. Various places of this ehapter in the Code indicate that certain developments, activities, or uses are permitted only if approved using process I. This article describes process I. Any process I application not categorically exempt from the State Environmental Policy Act. Chapter 43.21C RCW. shall be reviewed pursuant to process III of this chapter. Under process I, the director of comfffilRity de'/elepment serviees, is authorized to make administrative decisions based on certain criteria as set forth in this article or chapter. ;\.ny preeess I applieatioD net eategorieally exempt from the State Bn-viroflmental Poliey ,^..et, Chflf)1:er H.21C RCW, shall be reyie'Nea flursMant t{) proeess III ef this eh9flter. Any appeals of the director's decision will be decided by the hearing examiner after a public hearing. muter this artiele may be appealed to the eity's hearing examiner as previded for iD this artiele. (Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 00-375, ~ 10, 10-3-00) SECTION 36. Chapter 22, Article IV.B, Section 22-352, of the Federal Way City Code shall be amended to read as follows: 22-352 Purpose of review. Process I has the following purposes: (1) To review a proposal for compliance with the provisions of this chapter and all other applicable law. (2) To ensure that the health, safety, and welfare of the citizens of the city is preserved. (3) To provide an expedient and reasonable land use review process for administrative decisions and interpretations of this chapter. (Ord. No. 97-291, 9 3,4-1-97; Ord. No. 00-375, ~ 10, 10-3-00) SECTION 37. Chapter 22, Article IV.B, Section 22-353, of the Federal Way City Code is hereby repealed as follows: 22 JSJ ;4.1pplieations. (1) Who may apply. ;\ft)' persoD, personally or throl:lgA an agent, may make applicatiofl for a process I lafld use decision. (2) How to apply. The applieant shall file a eompleted master land use applieation. Aecompanying the applieatiofl shall be a writtefl response to the deeisioflal criteria as set forth in this ehapter for a partieular use or aeti'/ity, and iDformatiofl required by FWCC n..n. (3) Fee. With the application, the applieant shall submit the fee establishea by the eity. The applieatiofl shall not be aeeepted uDless it is aeeoHlf>anied by the required fee. ( 4) Director authority. The director ef eommuBity deyelopmeBt serviees may modify the submittal reql:lirements as deemed appropriate. (5) Rel:ltiag of apfllicatiofl. '^iD application for an administFatiye deeision shall Be rol:ltea to the direetor of eommuDity deyelopment services. The direetor may rol:lte for eomment an apfllicatiofl to other staff members or departments. Ord. No. , Page 14 (6) Completeness. (a) WithiD 28 ealendar days of receiyiDg an applioatioD, tho city HHlSt determine whether the application is eomplete. The city will apply FWCC 22 33 to determiDe eompleteness. If the city deems the applieatioH to be eomplete, a letter of oompleteness must be issued prior to the 28 day deadliDe. If the city determines the applicatioD to be ineomplete, the eity shall flotify the applieaflt of what Deeas to be submitted for a complete applieatiofl. ID this vli"itteB aetermiDatiofl, the eity shall also identify, te the extent known to the eity, the other agofleies of loeal, state, or federal gonmment that may have jurisdietiefl oyer some aspeet of the proposed de'/elopment aeti'/ity. .^~B applieation shall ee deemed oomplete Mnder this seetion if the city does flot provide a '.vrittefl determinatioB to the applicant as required iD this paragraph. (e) WithiD 11 days after an applieant has submitted the additional information identifiea ey the city as beiBg flecessaT)' for a ee~lete applieatieB, the city shall Dotify the applieant whether the applieation is complete or '.vhether additioflal information is neeessary. (e) l'..dditional informatiofl. ,^~ determinatieB of eompletefless shall flot pre elude the eity Hem requestiDg additional informatiofl or smdies, either at the time ef the letter of eempleteness er subSeEf\ieDtly, if flew inrermation is required er s$stantial ehanges iD the propesea aetiefl oeeMr. (Ord. No. 97 291, ~ 3, 4 1 97; Ord. No. 00 375, ~ 19, 19 3 00) SECTION 38. Chapter 22, Article N.B, Section 22-354, of the Federal Way City Code shall be amended to read as follows: 22-354 Director's Natiee of administrative decision and notice. The director of eommuflity de':elopment services shall mail in a timely manner a copy of his or her decision to the applicant any person who submitted comments on the application, and any person who requested a copy. No other notice is required. (Ord. No. 97-291, ~ 3, 4-1-97; Ord. No. 00-375, ~ 10, 10-3- 00) SECTION 39. Chapter 22, Article N.B, Section 22-355, of the Federal Way City Code shall be amended to read as follows: 22-355 Appeals. (1) Who may appeal. +Be A decision of the director of eomHHlBity development serviees under this process may be appealed by the applicant, any person who submitted written comments or information, ef any person who has specifically requested a copy of the decision. or the City. (2) How and when to appeal. The appeal, ifl the form ef a letter A written notice of appeal; must be delivered to the department of comml:lnity development services within 14 calendar days after issuance of the decision of the director of comHHlDity deyelopment serviees. The appeal must be accompanied by cash or a check. payable to the city of Federal Way. in the amount of the fee as established by the city. The letteF notice of appeal must contain: (a) A statement identifying the decision being appealed, along with a copy of the decision; (b) A statement of the alleged errors in the director's decision, including identification of specific factual findings and conclusions of the director of eomHffiflity development servioes disputed by the person filing the appeal; and (c) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (3) Fees. The person filing the appeal shall inelude, with the letter of appeal, the fee as established by the eity. The appeal will Dot be aeeepted unless it is accompaniea by the required fee. (4j Appeal process. Appeals are governed by process IV. ef an admiflistFati'/e deeision will be reyiewed and decided upon usiBg the proeess for appeals oHtliflea ifl ,^J1:iele VI, Preeess III R-evie'N Ord. No. , Page 15 Project ,\pproyal, of this chapter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, ~ 10, 10-3-00; Ord. No. 01-399, ~ 3, 8-7-01) SECTION 40. Chapter 22, Article V, Section 22-361, of the Federal Way City Code shall be amended to read as follows: 22-361 Process II l!enerallv. Administration. Various places of this of this ehapter in the Code indicate that certain developments, activities or uses are permitted only if approved using process II. This article describes process II. Ifl addition, all All commercial, office and industrial development applications subject to the provisions of this article, including applications for remodeling and expansion of an existing use, shall also meet the requirements of Article XIX, Community Design Guidelines, of this chapter. Process II applications are exempt from the procedural requirements set forth in RCW 36.708.060 and 36.70B.110 through 36.70B.130. Any process II application not categorically exempt from the State Environmental Policy Act. Chapter 43.21C RCW. shall be reviewed pursuant to process III of this chapter. If the development. activity. or use that requires approval through process II is part of a proposal that also requires approval through process IV. the entire proposal will be decided upon using process IV. if the director determines that this will result in more efficient decision making. Under process II, the director of eemmunity development services will make the initial land use decision and the decision on the community design guidelines. Any appeals ,A1ppeals of both aeeisioas either decision will be decided by the hearing examiner after a public hearing. Preeess II applieatieBs are exempt from the proeeooral requiremeBts set ferth in RCW 36.79B.960 and 36.70.8.119 through 36.70B.139. ,A1BY proeess II apfllieation Bet eategerieally eKeffiJlt from the State Eft'liroBmeBtal Poliey ,A1et, Chapter 13.21C R-CW, shall be re'liewea flur'*laBt to the proeedural requiremeBts offlroeess III of this ehapter. (Ord. No. 90-43, ~ 2(175.10(1)), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 41. Chapter 22, Article V, Section 22-362, of the Federal Way City Code is hereby repealed as follows: 22 J62 Applieations. (1) Who may apply. ,A1fty perSOB, persoDally or throagh aft agent, may make applieation for a proeess II land use deeisioD. (2) How to apply. The applieant shall file a completed master land use applieatiofl. f1ecompaRyiflg the apfllieation shall be a written response to the decisioRal eriteria as set forth in this ehapter f{)r a partieular use or activity, and informatioD reqtlired by FWCC 22 33. (3) Fee. With the applieation, the applicant shall submit the fee estaalished by the eity. The applieation shall Dot be aeeepted uflless it is aeeompaftied by the required fee. (1) Director authority. The direetor of eommuHity aevelopment serviees may modify the submittal requiremeDts as deemed appropriate. (5) Routing of applieatioB. ,A1B application f{)r aft admiDistmti'/e deeision shall be roHted to the direetor of eemmuBity deyelopmeBt serviees. The dir.ector may roHte for eomment an applieation to other staff members or departments. (6) CompleteDess. (a) WithiD 28 ealeBaar days ef reeeiving an applicatioD, the city must aetermiDe ,tlhether the applieation is complete. The city will apply FWCC 22 33 to determine eomflleteBess. If the eity deems the applieatioB to be complete, a letter of eompletefless must be issued flrior to the 28 day aeadliae. If the eity aetermiBes the application to be iaeomplete, the eity shall Dotify the applieant of what fleeds to be submitted for a eomplete applieatioR. IB this 'mitten determiflatieB, the eity shall also identify, to the Ord. No. , Page 16 exteHt known to the city, the other agencies of loeal, state, or f13aeral goyemmem that may have jMfisdietion over some aspect of the proposed deyelopment aetiyity. AR applieation shall be deemed eomplete uflder this sectioH if the city does not proyide a vlritteD determiRation to the applicant as required in this paragraph. (b) WithiR 11 days after an applicant has s1:lbmitted the additioflal iDformatioR identifiea by the city as beiDg Decessary for a eomplete applicatioD, the eity shall Rotify the applicant v.hether the application is eomplete or 'i'lhether aaditioflal iDf{)rmation is Reeessary. (e) '^idditioRal informatiofl. .Ai determinatioD of 60mpleteDess shall not preelaae the eity from reqaestiflg additional iRformatioD or studies, either at the time ef the letter of completefless er sabseqaeflHy, if new informatioR is required or substantial changes in the flroposed aetioR Oe6Mf. (Ord. N Q+ '>'>'>) o. ... SECTION 42. Chapter 22, Article V, Section 22-363, of the Federal Way City Code shall be amended to read as follows: 22-363 Conduct of the review. The city manager shall may appoint one or more employees or other persons working on behalf of the city to perform the functions established under this article. (Ord. No. 90-43, ~ 2(175.10(3)), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 43. Chapter 22, Article V, Section 22-364, of the Federal Way City Code shall be amended to read as follows: 22-364 Purposes of review. The site plan review has the following purposes: (1) To review the f! proposal for compliance with the provisions of this chapter and all other applicable law. (2) To help insure that the !Lproposal is coordinated, as is reasonable and appropriate, with other known or anticipated development on private properties in the area and with known or anticipated right- of-way and other public improvement projects within the area. (3) To encourage proposals that embody good design principles that will result in high quality development on the subject property. (Ord. No. 97-291, ~ 3, 4-1-97) SECTION 44. Chapter 22, Article V, Section 22-365, of the Federal Way City Code shall be amended to read as follows: 22-365 Site plan and community design guidelines approval criteria. (1) Applicability. The director of eomm1:lnity developmem serviees may approve an application for site plan review and community design guideline review if it is consistent with the following sets of decisional criteria: (2) Site plan criteria. (a) It is consistent with the comprehensive plan; (b) It is consistent with all applicable provisions of this chapter; (c) It is consistent with the public health, safety, and welfare; (d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; and (e) The proposed access to the subject property is at the optimal location and configuration for access. Ord. No. , Page 17 (3) Community design guideline decisional criteria. (a) It is consistent with site design standards set forth in FWCC 22-1634 for all zoning districts; (b) It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and (c) For development applications for remodeling or expansion of an existing development, it is consistent with those provisions of Article XIX, Community Design Guidelines, identified by the director of eommunity dl:Y/elopmeDt serviees as being applicable. (Ord. No. 90-43, ~ 2(175.10(4)), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 45. Chapter 22, Article V, Section 22-366, of the Federal Way City Code shall be amended to read as follows: 22-366 Administrative guidelines. The city manager is authorized to adopt administrative guidelines to implement the provisions of this article. These administrative guidelines will be used in the site plan review and have the full force and effect as if they were set forth in this chapter, and shall be on file in the department of eeHHBunity deyele13ment serviees. (Ord. No. 90-43, ~ 2(175.10(5), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 46. Chapter 22, Article V, Section 22-367, of the Federal Way City Code shall be amended to read as follows: 22-367 Authority. director's decision. and notice. (1) Site plan review conducted under this article will form the basis of any modifications to any permits or approvals issued by the city for the proposal. In this regard, the person or persons conducting the site plan review is hereby authorized to require modifications to the proposal consistent with the criteria contained in FWCC 22-364 and any the administrative guidelines, if any, adopted under FWCC 22-366. (2) The director of eommuflity de'/elopmeflt services shall integrate his or her decision and findings for site plan and community design guideline review into a single decision. A copy of the decision shall be mailed to the applicant, any person who submitted written comments, or any person who specifically requested a copy ofthe director's decision. No other notice is required. (Ord. No. 90-43, ~ 2 (175.10(6), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 47. Chapter 22, Article V, Section 22-368, of the Federal Way City Code shall be amended to read as follows: 22-368 Appeals. (1) Who may appeal. A decision of the director under this process may be appealed by the applicant. any person who submitted written comments or information. any person who has specificallY requested a copy of the decision. or the City. (2) How and when to appeal. A written notice of appeal must be delivered to the department of community development services within 14 calendar days after issuance of the decision of the director. The notice of appeal must be accompanied by cash or a check. payable to the city of Federal Way. in the amount of the fee as established by the city. The notice of appeal must contain: (a) A statement identifying the decision being appealed. along with a COpy of the decision: (b) A statement of the alleged errors in the director's decision. including identification of specific factual findings and conclusions of the director disputed by the person filing the appeal: and (c) The appellant's name. address. telephone number and fax number. and any other information to facilitate communications with the appellant. Ord. No. , Page 18 (3) Appeal process. Appeals are be governed by process IV. The applicant, any perSOfl who submitted '.witten comments, or afl-Y person '.vho specifieally reflUested a copy of the decisiofl may appeal the site plan approyal or conditions of sueh approval and/or eommuDity design guideline conditions to the city's hearing examiner USiDg the provisions to appeal a deeision of the direetor of eommunity development serviees iD process III of this chapter. NotwithstandiDg any cofttrary proyisions of 22 106, the heariDg examiDer's decisioR Ofl an appeal \:lflder this sectioR is the final deeisioR of the city afld may Be may be reviewed pursaant to Chapter 36.7QC R-CW iR the Kiflg County superior court, except that in cases ifl-yol'/iDg a site plan appreyal fer a pUBlic utility loeated in a BN (Deighborhood Business), BC (community busiDess), er OP (office flark) ZOfle the heariDg exammer's decision is not the fiflal decision of the city and such decisiofls may Be appealed to the cit)' eeuflcil pursuant to FWCC 22 116 through 22 156. ModifieatioDs required te bring the proposal inte com}3liance with this ehapter or any other applicable laws are Rot apflealable. (Ord. No. 90-43, ~ 2(175.1 0(7), 2-27- 90; Ord. No. 97-291, 9 3,4-1-97) SECTION 48. Chapter 22, Article V, Section 22-369, of the Federal Way City Code is hereby repealed as follows: 22 J(;9 Other authority not affeeted. Nothing ifl this artiele iR any way limits, or may be eonstraed te limit, the autAerity ef the eity ineluding bat flOt limitea to the authority to conaition or aeflY flreposals, a'/ailable to the city ifl, through or by 8:0)' other pro'/isieR efthis article or other law. (Ord. }~o. 90 13, ~ 2(175.10(8),22799; Ord. Ne. 97 291, ~ 3, 1 1 97) SECTION 49. Chapter 22, Article V, Section 22-370, of the Federal Way City Code is hereby repealed as follows: 22 J79 Responsihilit)' of applieaot and o'wner. Regardless of any review, apflroval, inspectiofl or other aetioDs ef the city, it is the res}3eDsibility of the applicant and OWfler te iflsl:Ife that all work, actiofls or eonditiofls OD the subject flroflef't)' eomply '.vith this ehapter and all other applicable la-tis and any flermits ana/or appro'/als granted ander this ehapter er other applieable law. (Ord. No. 90 13, ~ 2(175.22),2 27 90; Ora. No. 97 291, ~ 3, 1 1 97) SECTION 50. Chapter 22, Article VI, Section 22-386, of the Federal Way City Code shall be amended to read as follows: 22-386 Process III l!enerallv. }..dministrfttion. Various places of this chaflter in the Code indicate that certain developments, activities or uses are permitted only if approved using process III. This article describes process III. In addition, all All commercial, office, and industrial. institutional. and multifamily development applications subject to the provisions of this article, including applications for remodeling and expansion of an existing use, shall also meet the requirements of Article XIX, Community Design Guidelines, of this chapter. If the development. activity. or use that requires approval through process III is part of a proposal that also requires approval through process IV. the entire proposal will be decided upon using Drocess IV. if the director determines that this will result in more efficient decision making. Under process III, the director of eommuDit)' de'/elopment services will make the initial land use decision and the decision on the community design guidelines based on written comments and information. Any appeals l\ppeals of Both decisioDs either decision will be decided by the hearing examiner after a public hearing. (Ord. No. 90-43,.~ 2(145.05),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) Ord. No. . Page 19 SECTION 51. Chapter 22, Article VI, Section 22-387, of the Federal Way City Code is hereby repealed as follows: 22387 Purposes of review. The site plan reyiew has the follo'NiDg purposes: (1) Te review the proposal for eompliance with the proyisions of this chaflter and all other applicable law. (2) To help ins1:lfe that the proposal is eoordinated, as is reasoHable ana appropriate, with ether knO'Nfl or aBtieipated development OD priyate properties iH the area ana with knovlfl or anticipated right of way ana other publie impreyement projeets within the area. (3) To efleol:1rage proposals that embody good aesign principles that will resuk iH high quality development OD the subjeet preperty. (OFd. No. 97 291, ~ 3, 1 1 97) SECTION 52. Chapter 22, Article VI, Section 22-388, of the Federal Way City Code is hereby repealed as follows: 22 388 PFoposal requiriBg approval thFOUgh pFoeess IV. If the aeyelopment, use or aetiyity that requires appre';al threugh proeess III is part of a propesal that alse requires appro'/al through pfOeess N, the entire prepesal will be decided UpOfl usiHg preeess N, if the direetor of eommunity de'/elopment services eletermiHes that this will result ifl more effieient deeisiofl making. (Ord. No. 99 13, ~ 2(115.10),2 27 90; Ora. No. 97 291, ~ 3, 1 1 97) SECTION 53. Chapter 22, Article VI, Section 22-389, of the Federal Way City Code is hereby repealed as follows: 22 389 ,A~pplieatioBs. (a) \\Tho may apply. Any persoH may, persoflaUy or tbreugh an agent, apply for a aeeision regardiBg property he or she eWflS. (b) How to apply. The applicant shall file a cOlBflleted aflplicatioH in the department of eemmMflity development services on the form pro'/ided by the departmeat. The applieant shall alse pre'/ide all informatiofl or material that is speeified in the provisioD ef this chaflter that deseribes the deeisiofl aflplied for, all information speeified in FWCC n.J1, ana any additioflal iDformation or material that the direetor of eommunity de'/elopment services determiDes is reasenaely flecessaT)' for a decisiefl on tile matter. (c) Fee. With the aflplicatioD, the aflplicant shall submit the fee established by the city. The applicatioD will not be accepted unless it is aceompaniea by the required fee. (d) CompleteDess. (1) WithiD 28 calendar days ef receiyiDg an applicatiofl, the city must aetermine ...Aiether the application is complete. The city will aflply FWCC n.J1 to determiDe eompleteness. If the eity deems the application to be eomplete, a letter of eompleteness HHiSt be issued prior to the 28 day aeadliHe. Ifthe city determiHes the applicatioD to be iflcomplete, the city shall notify the applicaBt of ....ilat Heeds te be submitted for a eomplete applicatiofl. ID this writtefl aeterminatioD, the city shall also identify, to the extent known to the city, the other ageneies of loeal, state, or federal goyemment that may ha'/e jurisdiction over some aspect of the proposed de';elopment activity. ,A~D aflplicatiofl shall be deemed complete uHder this sectiofl if the eity does flOt provide a writtefl determiaation te the applicant as required in this paragraph. Ord. No. , Page 20 (2) Withifl 11 days after an applicant has submitted the additioflal iDformation identified by the eity as being neeessary for a complete applicatioD, the city shall Dotify the applicaflt whether the applicatioH is complete or '.vhether additional information is Decessary. (e) j\dditional informatioH. A determination of comflleteness shall flot flreclude the city from requestiflg additioflal inf<>rmation or studies, either at the time of the letter of completeness or subsequently, if Dew information is requirea or substantial ehaBges ifl the proposea action occur. (Ord. No. 90 13, ~ 2(115.15), 22790; Ord. No. 97 291, ~ 3, 1 1 97; Ord. No. 00 375, ~ 11, 10 3 00) SECTION 54. Chapter 22, Article VI, Section 22-390, of the Federal Way City Code shall be amended to read as follows: 22-390 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of commuflity development serviees shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances issued under the authority of the State Environmental Policy Act. (Ord. No. 90-43, ~ 2(145.20), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 55. Chapter 22, Article VI, Section 22-391, of the Federal Way City Code shall be amended to read as follows: 22-391 Official file. (a) Contents. The director of community developmeBt serviees shall compile an official file on the application containing the following: (1) All application material submitted by the applicant. (2)All written comments received on the matter. (3) The written decision of the director of eommunity de'/elepment services. (4) If the decision of the director of eommuflity develoflment serviees is appealed, the following will be included in the file: a. The lettef notice of appeal. b. All written comments received regarding the appeal. c. The staff report on the appeal. d. The electronic sound recording of the hearing on the appeal. e. The decision of the hearing examiner on the appeal. (5) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community deyelopment services during regular business hours. (Ord. No. 90-43, ~ 2(145.25),2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 56. Chapter 22, Article VI, Section 22-392, of the Federal Way City Code shall be amended to read as follows: 22-392 Notice. (1) Content. The director of commuDity development services shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. (b) The date of application, the date of the notice of completion for the application, and the date of the notice of application. Ord. No. , Page 21 (c) The street address of the subject property or, if this is not available, a description of the location of the property in non-legal language. Except for notice published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (d) A brief description of the requested decision, including a citation to the provision of this chapter governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any related permits which are not included in the application. (e) A statement of the availability of the official file. (t) A statement of the right of any person to submit written comments to the director e:f community de'lelopment services regarding the application within 15 days of the date of the notice. (g) A statement that only the applicant, persons who submit written comments to the director e:f commuflity develoflment services, or persons who specifically requests a copy of the original decision may appeal the director's decision. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. (2) Distribution. Within 14 calendar days of issuing the letter of completeness, the director e:f eommuaity development services shall distribute this notice of application as follows: (a) A copy of the notice of application will be published in the official daily newspaper of the city. (b) The notice of application will be conspicuously posted on or near the subject property. At least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property. (c) A copy of the notice will be posted on each of the official notification boards of the city and public libraries located within the city. (d) For projects under this article which are located within, or are 300 feet from, property zoned SE (suburban estates), RS (single-family residential), or RM (multifamily), a copy of the notice will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (Ord. No. 90-43, ~ 2(145.30), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 01-399, ~ 3, 8-7-01) SECTION 57. Chapter 22, Article VI, Section 22-393, of the Federal Way City Code shall be amended to read as follows: 22-393 Burden of proof. The applicant has the responsibility of convincing the director of eommuDity de'/elopment services that, under the provisions of this article, the applicant is entitled to the requested decision. (Ord. No. 90- 43, ~ 2(145.35), 2-27-90; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 58. Chapter 22, Article VI, Section 22-394, of the Federal Way City Code shall be amended to read as follows: 22-394 Written comments. The director of community devolopment serviees shall consider all written comments and information regarding the requested decision that are received by the department of eommMflity de';elopment services before the deadline contained within the notice regarding the application. (Ord. No. 90-43, ~ 2(145.40),2- 27-90; Ord. No. 97-291, ~3, 4-1-97) Ord. No. , Page 22 SECTION 59. Chapter 22, Article VI, Section 22-395, of the Federal Way City Code shall be amended to read as follows: 22-395 Director's decision. (a1) General. (+f!) Coordination with decisions under the State Environmental Policy Act. If a SEPA threshold determination is required to be issued, the threshold determination must follow the end of the public comment period on the project permit application, but precede the director's decision on the land use and design components of the process III project permit approval. If the SEP A threshold determination is appealed, the director's land use and design components decision shall be issued sufficiently in advance of the open record hearing on the threshold determination appeal, to allow any appeal of the land use and/or design review decision to be consolidated and heard with the appeal of the threshold determination. (~Q) Timing. The director of eommunity deyelopment services will endeavor to issue his or her decision on the land use and design components of the process III project permit approval within 120 days of the issuance of the letter of completeness~ (i) The 120-day time period does not apply if a project permit application under this article requires an amendment to the comprehensive plan or this chapter; requires approval of a new fully contained community as provided in RCW 36.70A.350. a master planned resort as provided in RCW 36.70A.360. the siting of an essential public facility as provided in RCW 36.70A.200. or capital facility projects of the city: or if a project permit application under this article is substantially revised by the applicant. in which case the time period shall start from the date at which the revised project application is determined to be complete. (ii) If the decision solely relates to a review of community design guidelines of a process IV application the director shall issue a written decision within 10 working days after the deadline for submitting comments. issuea pursuant te FWCC 22388, exeept that the (iii) The following periods shall not be included in the calculation of the 120-day period: (A}ir. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. In these instances, the period excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need for additional information and run until the earlier of the date the city determines whether the additional information satisfies the request for information, or 14 days after the date the information has been provided to the city. If the city determines that the information submitted by the applicant under this paragraph is insufficient, it shall notify the applicant of the deficiencies and the procedures under this paragraph shall apply as if a new request for studies had been made. (B)tr. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW. . (C)tr. Any period for administrative appeals of the SEPA threshold determination, provided that the time period for consideration of such appeals shall not exceed 90 days for an open record appeal hearing. The parties to an appeal may agree to extend the 90-day period. (D)&.- Any extension of time mutually agreed upon by the applicant and the city. The 120 day time period does not apply if a project permit application unaer this article requires an amefldment to the eompreheflsi'le plan or this ehapter; requires approval of a flew fully eontained community as provided ifl RCW 36.70A.350, a master planfled resort as pre'lided in RCW 36.70'^1.360, the siting of an essential public faeility as pro'/iaeEl in RCW 36.7C1^1.200 or eapital faeility projeets of the eity; or if a project permit application UDder this article is substantially re'lised by the applicant, iD which ease the time period shall start from the date at vA1ieh the re'/ised prejeet application is determinea to be complete uDaer F'NCC 22 388. Ord. No. , Page 23 (iv) If the director is unable to issue his or final decision on the land use or design review components of a process III project permit application as provided in this paragraph, the city shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of final decision. (b2.) Decisional criteria. The director of eommMflity de'/elopment services shall use the criteria listed in this subsection and the provision~ of this chapter describing the requested decision in deciding upon the application. (a) The ID addition, the director of community deyelopment services may approve the application only if: (-l-i) It is consistent with the comprehensive plan; (~iD It is consistent with all applicable provisions of this chapter; (~iii) It is consistent with the public health, safety, and welfare; (4iv) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; and (~y) The proposed access to the subject property is at the optimal location and configuration. @ If the application is subject to the requirements of Article XIX, Community Design Guidelines, the director of eommuflity aevelopment services shall also use the following criteria as well in deciding upon an application: (-l-i) It is consistent with the site design standards set forth for all zoning districts in FWCC 22-1634; (~iD It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and (~iii) For development applications for remodeling or expansion of an existing development, it is consistent with those provisions of Article XIX, Community Design Guidelines, identified by the director of commuDity aeyelopment serviees as being applicable. (eJ) Conditions and restrictions. The director of eommunity development serviees shall include in the written decision any conditions and restrictions that he or she determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are included become part of the decision. (61) Contents. The director of commMflity develoflment services shall include the following in the written decision: (-l-~) A statement granting, modifying and granting, or denying the application. (~h) Any conditions and restrictions that are imposed. (~) A statement of facts presented to the director of eommunity de'/elepment services that support the decision, including any conditions and restrictions that are imposed. (044) A statement of the director's conclusions based on those facts. (~) A statement of the criteria used by the director of eommuDity ae'/elepment services in making the decision. (61) The date of issuance of the decision. (1g) A summary of the rights, as established in this article, of the applicant and others to appeal the decision of the director of commuDity development services. (&h) A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW. (91) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. (e.2) Distribution of written decision. Within five working days after the written decision of the director of eomml:1nity aeyelopment serviees is issued, it shall be distributed as follows: (-l-~) A copy will be mailed to the applicant. (~h) A copy will be mailed to each person who submitted written comments or information to the director of eommMflity development services. (~) A copy will be mailed to any person who has specifically requested it. Ord. No. , Page 24 (44) A copy will be mailed to the King County assessor. (Ord.No. 90-43, ~ 2(145.45), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 60. Chapter 22, Article VI, Section 22-396, of the Federal Way City Code shall be amended to read as follows: 22 39(; Effeet of the deeisioB. DeeisioDs l:lflder this seetioR shall beeome fiRal sabjeet to the fellowiRg: (1) ;\H applieant or other party of rceora vA'l:o may be aggrieved by the deeision may atlpeal the decision within 11 days of the issMance of the deeision by the direetor of commuBity aevelopment cOflsisteflt with the proyisioBs of FWCC 22 397 et seq. If a written notice of atlpeal is reeei'/ed withifl the appeal period, the deeision shall be referred to the heariDg examiDer afld shall net beeome fiflal until the appeal process is eomplete and the city issaes a final deeisioD. UpeB issuaDee of the final deeision, the applieant may engage ifl aetiyity basea efl the deeisioB, proyided atlplicaele permits h&'/e beeB atlpro>/ea. (2) If fle atlpeal is submittea '.vithifl the 14 ealendar day atlpeal period, the prelimiRary atlpre>/al shall beeome fiftal Oft the first ealeBdar day followiBg the expiratioR of the atlpeal perioa. Up0B the decisien beeomiflg fiflal, the atlplieant may eBgage ifl aetiyity base a en the deeisiefl, pfO'/iaed atlplieable permits Ra-..e been atlpr{)Yea. (Ora. Ne. 99 43, ~ 2(145.59),22790; Ora. N€). 97 291, ~ 3, 4 1 97; Ord. No. 90 375, ~ 12, 19 3 (0) Editor's Bete OrdiBanee Ne. 97 291, ~ 3, adoptea .A..prill, 1997, aeleted ~ 22396 aRd r-enl:Hflberea ~ 22 395 te be a Be..... ~ 22 396. Formerly, sMeh seetieB fJertaifled to request fer reeensiaefatiofl and deri'/ed from Ord. No. 99 43, ~ 2(145.55),22199. 22-396 Effect of the decision. Upon a decision becoming final. the applicant may engage in activity based on the decision. provided applicable permits have been approved. Decisions become final subject to the following:: (1) If a written notice of appeal is received within the appeal period. the decision shall not become final until the appeal process is complete and the city issues a final decision. (2) If no appeal is submitted within the 14 calendar day appeal period. the decision shall become final on the first calendar day following the expiration of the appeal period. (Ord. No. 90-43. & 2045.50), 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. ado{>ted 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. & 2045.55).2-27-90. SECTION 61. Chapter 22, Article VI, Section 22-397, of the Federal Way City Code shall be amended to read as follows: 22-397 Appeals. (1) Who may appeal. +he A decision of the director of eommuBity deyelopment services related to either the land lise appro'/al or the eomml:lnity aesign guidelines decision under this process may be appealed by the applicant, any person who submitted written comments or information, ef any person who has specifically requested a copy of the decision. or the City. (2) How and when to appeal. The appeal, in the ferm of a letter A written notice of appeal, must be delivered to the department of commooity de'/elopmeBt serviees within 14 calendar days after issuance of the decision of the director of eomHHinity development serviees. The appeal must be accompanied by cash or a check. payable to the city of Federal Way. in the amount of the fee as established by the city. The lettef notice of appeal must contain: (a) A statement identifying the decision being appealed, along with a copy of the decision; Ord. No. , Page 25 (b) A statement of the alleged errors in the director's decision, including identification of specific factual findings and conclusions of the director of community development services disputed by the person filing the appeal; and (c) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (3) Appeal process. Appeals are be governed by process IV. Fees. The person filiag the appeal shall iDclude, with the letter of appeal, the feo as established by the city. The appeal will not be accepted Mflless it is aceompaniea by the required fee. (1) JMfisaictioD. .Appeals from the decisioa ef the direetor of eommuflity de'/elopment serviees will be heara by the heariflg examiner. (Ord. No. 90-43, ~ 2(145.60),2-27-90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 62. Chapter 22, Article VI, Section 22-398, of the Federal Way City Code is hereby repealed as follows: 22 J98 Notiee of appeal hearing. (a) Content. The direetef ef eommanity aevelopment serviees shall prepare a aotiee ef the appeal ceHtaifling the fello'Ning: (1) The file alffiiber and a brief aescriptien of the matter beiag appealed. (2) 11 statement ofthe scope ofthe appeal, ineludiflg a summary of the errors allegea and speeifie [aemal fifldiags ana cOflelusiens disf:lutea in the letter of appeal. (3) The date, time afla f:llaee ofilie pub lie hearlag oa the appeal. ( 1) A statement of ..,'ho may f:larticipate ia the appeal. (5) '^1 statement ofhov/ to partieipate ia the appeal. (b) DistributioD. ;\t least 19 caleadar aays before the heariflg Ofl the appeal, the direetor ef eeHHlH:lflity development services shall mail a copy ef this notiee te eaeh persefl entitled te appeal the deeisien MH:der FWCC 22397. (Ora. No. 90 13, ~ 2(115.65),227 90; Ora. No. 97 291, ~ 3, 1 1 97) SECTION 63. Chapter 22, Article VI, Section 22-399, of the Federal Way City Code is hereby repealed as follows: 22 J99 Partieipation in the appeal. Oal)' those persons entitle a to appeal the decision Mflaer FWCC 22 397 may particif:late ia the appeal. These persofls may partieipate in either er both of the followiHg ways: (1) By submitting written comments er iDf-ormatiofl to the department of eommuRity de';elopment services prior to the hearing or to the heariDg e-xamiaer dMriflg the hearing. (2) By appearing in person, or through a representative, at the heariflg and submittiflg oral comments directly to the hearing el{aminer. The heariDg e1{amiDer may reasonably limit the eKtent of the oral comments to facilitate the orderly ana timely cOflduct of the hearing. (Ord. Ne. 90 13, ~ 2(145.70),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 64. Chapter 22, Article VI, Section 22-400, of the Federal Way City Code is hereby repealed as follows: 22 400 Seope of the af:lpeal. The scope of the appeal is limited te the errors raised or the specific facmal fiDdings and eonelusions disputed ia the letter of appeal. The heariflg examifler may only cOflsider evidence, testimony or comments relatiflg to errors raisea or the disputea findiRgs and cOflelusions. The heariDg e*ffiRifler also Ord. No. , Page 26 ma)' not consider any request for ffiodificatioD or ',yaiver of applieable reqaireffieBts of this ehapter or aft)' other law. (Ord. No. 90 13, ~ 2(115.75),227 90; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 65. Chapter 22, Article VI, Section 22-401, of the Federal Way City Code is hereby repealed as follows: 22 ,.cn Staff report on appeal. (a) Content. The air.ector of eommuDity deyelopment services shall prepare a staff report en the appeal eontaiDing the f-ollowiDg: (1) The writteD decision of the director of eommuait)' development services. (2) All written eomments submitted to the dir.eeter of eommunity aevelopment services. (3) The letter ef appeal. ( 1) fJl written comments OH the appeal receivea by the department 0f e0mmuaity deyelepment services from persons entitled to partieipate in the aJ'lpeal. (5) '^1n analysis of the alleged errors in the director's aeeisien and any speeifie facmal fiDdings and eonclusioDs aisfluted iD the letter ef appeal. (b) Distrilmtioa. '^1t least sO'/en ealeadar days before the hearing, the direeter of eemmunity development serviees shall distribute eopies of the staff report en the aJ'lfleal as folla...:s: (1) '^1 eOfl), will be mailed to the heariflg eXiHfliner. (2) A eopy will be mailea to the aJ'lplieaflt. (3).\ eepy ...:ill be mailed te the persen ',vile filed the appeal. (4) '^1 copy will be mailed te eaeR persofl whe receivea a eopy of the difeetor's deeisioa. (Ord. No. 90 13, ~ 2(145.80),22790; Ord. Ne. 97 291, ~ 3, 1 1 97) SECTION 66. Chapter 22, Article VI, Section 22-402, of the Federal Way City Code is hereby repealed as follows: 22 ,.02 Publie hearing on apfleal. (a) GefleraUy. The hearing examiner shall hold an open reeora heariag on the aJ'lpeal. . (b) Open to public. The heariDgs ofthe heariDg 0KamiDer are opefl te the publie. (Or.a. }le. 90 43, ~ 2(115.85),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 67. Chapter 22, Article VI, Section 22-403, of the Federal Way City Code is hereby repealed as follows: 22 ,.03 EleetroBie sound l'eeordings. The heariDg 01(aminer shall make a eomplete electFonic sound recording of eaeh hearing. (Ord. No. 90 13, ~ 2(115.90), 2 27 90; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 68. Chapter 22, Article VI, Section 22-404, of the Federal Way City Code is hereby repealed as follows: 22 404 Burden of proof. The persoD filing the appeal has the responsibility of eoft'liDcing the heariDg eJ.amiDer by a prepoadefanee 0f the evideflce that the air.eetor of cemfl'lUflity dl.welopmeflt serviees' deeision coBtaias an error oflaw or that its findings offaet or conelusioas are iDeorrect. (Ord. No. 90 43, ~ 2(115.95),227 90; Ord. No. 97 291, ~ 3, 1 1 97) Ord. No. , Page 27 SECTION 69. Chapter 22, Article VI, Section 22-405, of the Federal Way City Code is hereby repealed as follows: 22 ~OS ContiBuation of the heariBg. The heariDg examiDer may continue the hearing if, for any reason, the ex-amifler is uRable te hear all of the paalie cOffimeBts on the appealer ifthe hearing examifler determines that the eKaminer flee as more information withiD the scope ef the appeal. If, auriB:g the heariDg, the heariDg ex-amifler aafloooces the time and place of the aext heariDg on the matter and a notice thereof is posted on the aoor of the heariflg room, ao further Dotice efthat hearing need be gi'/efl. (Ora. No. 90 13, ~ 2(115.100),22790; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 70. Chapter 22, Article VI, Section 22-406, of the Federal Way City Code is hereby repealed as follows: 22 ~O, DeeisioB OB appeal. (1) In Geaeral. The heariag e-xamiaer shallcensider all iflfermatiefl ana cemments within the seepe ef the appeal submittea by perseRS entitled to partieipate ifl the appeal. The heariBg eK-amiaer shall either affirm er ehaage the findiDgs and eeflelusiens of the direetor of eemmuflity de'/elepment serviees that were appealed. Based Ofl the heariag eKamiaer's fiB:dings and 6enclusiens, the e*llffiiaer shall affirm, reyerse, or moaify the deeisioa beiB:g appealed. (2) IssHance of written deeisieR. WithiD 10 working days after the paalie hearing, the heariag eJffilBiRer shall issue a writtea deeisioa ea the appeal. Withia five '.vorkiag aays after it is issl:led, the heariag ex-amifler shall distribme the decisiefl as follews: (a) A cOflY will Be mailed te the applieant. (b) j\ copy will be mailed tEl the persen '.vito mea the aflpeal. (e) ,A~ eopy 'Hill be mailed te each perSOD ',v he partieipatea in the appeal. (a) .^~ eopy will be mailed to eaeh persefl that speeifieally reqHestea it. (e) A eOflY will Be mailed to the King County assessor. (3) Eff.ect. The decision by the hearing e*6fBiner is the fiaal deeisiElfl ef the city, exeept wher.e the proposed project that is the sUBject of the heariDg examiner's deeisiefl in:Yel'/es a seheel (FWCC 22 1 and 22 6(5), a eomffiliBity recreation area (FWCC 22 1 and 22 6(7), a government faeility (FWCC 22 1 and 22 (19), a publiclttility (FWCC 22 1 and 22 6(9), or a publie park (FWCC 22 1 and 22 (11) loeated ia a SE (suburban estates), RS (siDgle family residential), or RM (multifamily) zone, iD '.Wiich ease the heariflg examifler's deeision may be appealed to the city couneil iD aceoraanee ':lith the proyisiofls of FWCC 22 116 through 22 156. (Ora. No. 9013, ~ 2(115.195),227 99; Ord. ~Jo. 97 291, ~ 3, 1 1 97) SECTION 71. Chapter 22, Article VI, Section 22-407, of the Federal Way City Code is hereby repealed as follows: 22 ~07 Judieial review. If the hearing examiB:er's decisioa affirmiDg, moaifyiDg or reyersiDg the airector's deeision denyiDg an application UDder this artiele is the final aeeision of the city, the heariDg examiB:er's deeision may be re'lie'.yed pMfsuant to chapter 36.70C R-CW in the KiB:g County superior eOHrt. The land use petition ml:lst be filed wit hiD 21 ealendar days after issuanee of the fiflalland use deeisioa of the eity. (Ord. No. 99 13, ~ 2(115.110),22790; Ord. No. 97 291, ~ 3, 1 1 97) Ord. No. , Page 28 SECTION 72. Chapter 22, Article VI, Section 22-408, of the Federal Way City Code is hereby repealed as follows: 22 408 Lapse of approval Cenerally. The applieant uflder this artiele must begiD cOHstrnctiofl or s1:1bmit to the eity a eomplete buildiHg permit application for the develoflment acti'/ity, use of lana or other actieRs appfoyed uRaer this artiele withiD ofle year after the final aeeisioD on the matter, or the decisioD becemes '/oid. The applicant must substantially complete eODstruction fer the developmeflt activity, use of land, or other actioRs apflreved UDder this article and complete the applicable eenditi08s listed in the deeisieD withiR fi'/e years after the final decision of the city en the matter, or the decisioD beeomes void. If litigatien is initiated fl\Hsuant to FWCC 22 107 22 157, the time limits of this seetion are automatically eJ(teflded by the length of time betweeD the eommeDcement and [mal termiflation of that litigatiofl. If the development activity, use ef land, or other aetiofls approved uRder this artiele ifleludes flhased eODstrMetioD, the time limits ef this section may be extended iR the decision Ofl the application, to alle'.v for eompletieR of sUBsequent phases. (Ord. No. 90 13, ~ 2(115.115(1)),22790; Ord. Ne. 97 291, ~ 3, 1 1 97) SECTION 73. Chapter 22, Article VI, Section 22-409, of the Federal Way City Code is hereby repealed as follows: 22 409 Lapse af appraval Time extensian. (a) Applieatien. Prior te the lapse ef approvalURder FWCC 22 108, the applieams ma)' submit a '.'flittefl applieatien iD the form of a letter with supportiRg documeBtatiefl te the department ef eOHllBuflity development serviees refJ:uestiflg a ORe time exteRsion ofthose time limits efap to ORe year. (b) Criteria. The request must demonstrate that the applicant is makiRg substantial progress Ofl the de'/elepment activity, use of land or other aetieRs approved under this artiele ana that eireumstanees beyond the applieaRt's cofttrol prevent 6emplianee with the time limits of FWCC 22 108. (e) Fee. The applicant shall iRelude, with the letter of request, the fee as established by the eity. The applieatioR will Bet Be aecepted lillless it is aecompanied by the required fee. (d) Review flrocess. AD applicatioR f{)r a time exteRsiofl will be reviO'.vea aRa deeidea UpOH by the director of eommuni-ty de'/elopment serviees. (e) ;\ppeals. l' Jl-Y perSOD vlho is aggrieved by the grantiflg or denyiRg of a request fer a time exteRsieR UDder this sectien may appeal that deeisien. The appellant must file a letter ef appeal iDdicatiflg how the decisiofl 08 the time extension effects the appellant's property and presenting all)' fele'/ant material or iDformatiofl sUflflorting the appellant's eoRtentioD. The appeal will be heard and decided apOR using proeess N, deseribea iR FWCC 22 131 et seq. Plirsuant to Chaflter 36.70B R.cW, any time limit UpOfl the cit)"s proeessing and decision UpOfl applieations uflder this chapter may, eKcept as otherwise speeifieally stated in this chapter, be modified 8)' a v.'fitteD agreement between the applicant and the direetor of commuDity development serviees. (Ord. No. 90 13, ~ 2(115.115),22790; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 74. Chapter 22, Article VI, Section 22-410, of the Federal Way City Code is hereby repealed as follows: 22 410 Bonds. The city may require a bond UDder FWCC 22 1 Hi et seq. to iflsare eomflliance with aft)' aspect ef a permit or approval. (Ord. No. 99 13, ~ 2(115.120),2 27 90; Ord. No. 97 291, ~ 3, 1 1 97) Ord. No. , Page 29 SECTION 75. Chapter 22, Article VI, Section 22-411, of the Federal Way City Code is hereby repealed as follows: 22 411 Complete eompliaaee required. (a) Generally. Exeept as speeified iD subseetioD (b) of this sectiofl, the applieaBt must eomply with all aspects, includiag conditions and restrictioas, of an aflproyal grantea lffider this artiele ia erder to do e';erythiDg authorized by that approval. (b) Exception, subseElHent modificatioB. If a specifie Hse or site eonfigaratioD for the subjeet property was aflflrO'/ed Mnaer this artiele or any quasi judicial process under a preyieus zoniag cede, the applicant is Dot required to aflply for and ebtaifl aflproval through this article for a SHbsequent ehange iD use or site coafiguratiofl Mflless: (1) There is a change in use and this ehapter establishes different or more rigor.ous stanaaFas for the ne'." use than fer the existiag use; or (2) The director of community aevelopmeBt serviees determifles that there will be substantial chaflges in the impaets on the aeigIWerhooa or the eity as a resuk of the ehange. (Ord. No. 99 13, ~ 2(115.125),22799; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 76. Chapter 22, Article VII, Section 22-431, of the Federal Way City Code shall be amended to read as follows: 22-431 Administration. Various places ifl this chapter in the Code indicate that certain developments, activities or uses are permitted only if approved using process IV. Certain appeals of agency decisions are also governed by process IV. This article describes process IV. All development applications subject to this process and also subject to the requirements of Article XIX. Community Design Guidelines. shall first comply with process III as to those requirements. and then proceed with process IV as to any other required review. Any appeal of the director's decision as to Community Design Guidelines pursuant to this subsection shall be decided at the same time as and in conjunction with the process IV review. If the development. use or activity that requires approval through process II or III is part of a proposal that also requires approval through process IV. the entire proposal will be decided upon using process IV. if the director determines that will result in more efficient decision making. Under process IV the hearing examiner will make the initial decision following a public hearing, except that the direeter of eomBRinity development serviees will make the iaitial deeisioa oa applieatiofl :\rticle XIX, Commuaity Design Guideliaes. The heariag examiaer will decide any aflpeals fr.om the director's decisioD coneemiDg commuaity design guideliDes. City council will decide appeals from the hearing examiner decision except for those decisions that are specifically designated as on the land use element; the he&riDg examiBer decisioD OD an aflpeal of the director's deeision eoncemiag cemmunity design guideliHes may be reviewable in superior court pursuant to Chapter 36.70C RCW. (Ord. No. 90- 43, ~ 2(150.05), 2-27-90; Ord. No. 92-133, ~ 3(150.05),4-21-92; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 77. Chapter 22, Article VII, Section 22-432, of the Federal Way City Code is hereby repealed as follows: 22 ~J2 Proposals requiFing approysl through proeess IV. If the deyelopmeflt, use or aetivity that reElHires appro';al through process II or III is part of a proposal that also requires approyal through proeess IV, the entire proposal '.vill be deeided upon usiag preeess IV, if the dir.ector of eommuDity development services determiDes that this will resuk iD mere effieient Ord. No. , Page 30 deeision making. (Ord. No. 90 13, ~ 2(150.10),22790; Ord. No. 92 133, ~ 3(150.10), 1 21 92; Ora. No. 97 291, ~ 3, 1 1 97) SECTION 78. Chapter 22, Article VII, Section 22-433, of the Federal Way City Code is hereby repealed as follows: 22 433 Purposes af review. The site plan review has the follo';/ing pMrposes: (1) To re';ie\v the proposal fer eompliaftee with the proyisioBs of this ehapter and all ether applicable la-v;. (2) To help iflsure that the proposal is eeordiflated, as is reasenable and appropriate, with other lrnown or antieipated deYlelopment en priyate properties ifl the aFea and with knov.1i Elr antieipated right of way and other public improyement prejeets withiB the area. (3) To eDCot:lfage propasals that embed-y good design principles that will result in high Eluality aeY/elopment aft the subjeet property. (Ord. Na. 97 291, ~ 3, 1 1 97) SECTION 79. Chapter 22, Article VII, Section 22-434, of the Federal Way City Code is hereby repealed as follows: 22 434 ;\pplieatioBs. (a) Who may apply. An')' persofl may, personally Elr through an agent, apply f{)r a deeisiElB regaFdiHg property he or she O'l/flS. (b) How tEl apply. The applicant shall file the follewing iflformatien v,ith the department Elf commuflity deyelopmeDt serviees: (1) 1\ completed applieation, with sl:lpporting affida-vits, en ferms praviaea by the aepartmeDt of eomHffiRity de'/elopment serviees. (2) Two sets (three if complianee with the State BflyironmeBtal Poliey 1\et is reEJHifed) of stlHBfled envelopes vlith aadress labels obtainea frem the couaty, within the prior six meBths, eontaining the flames and addresses of the persons receiving the property tax statements for properties 'NithiB 300 feet ef each B0undary of the subject property. (3) /'.. eopy of the eouaty assess0r's map identifyiDg the properties speeified ifl sUBseetiaft (b)(2) of this sectioH. ( 1) /'..fty informatiofl er material that is specified in the proyisien Elf this ehapter that aeseriBes the applied for decision. (5) ,^Jl information requwed by FWCC 21]1. (6) Afty additional information or material that the direetor ef commuDity aeyelopment serviees determines is reasonably flecessary for a decisioD Ofl the matter. (c) Fee. With the apfllieatiofl, the applicant shall submit the fee establishea by the city. The applicatioH will not be acceflted uflless it is accompaniea b)' the required fee. (d) CompleteDess. (1) Within 28 caleflaar days of receiviBg an applicatiofl, the city must determiDe whether the applicatiofl is complete. The city '.'lill apply FWCC 21]1 to determine cOFBflleteness. If the eity aeems the application to be complete, a letter of completeDess must be issl:u~d prior to the 28 day aeadline. If the city determiDes the application to be iflcomfllete, the city shall flotify the applieant of what needs to be submitted for a comfllete applieation prior to the 28 day deadline. ID this written aetermiflatian, the eity shall also identify, to the extent knov.1i to the city, the ather ageneies oflocal, state, or fedeml gaveffiment that ma)' haye jurisdietioD over some aspect of the proposed de'/eloflment aetivity. ,^..fl application shall be deemed eomfllete under this sectioH ifthe city does not pro'/ide a written aetermiDatioD te the applieant as required in this paragraph. Ord. No. , Page 31 (2) Within 11 days after an applicant has submitted the additional iHformation identifiea by the city as being Heeessary for a complete applieatioD, the eity shall notify the applicant whether the application is complete or whether additional information is Hecessary. (e) ,^~dditional information. A determiDatioR of eompleteDess shall Rot preelude the eity from requestiDg additioRal informatioR or studies, either at the time of the letter of completeness or sabsequently, if ne's information is require a or substantial ehanges iD the proposea aetiofl eeCMr. (Ord. Ne. 90 13, ~ 2(150.15),22790; Ord. No. 92 133, ~ 3(150.15), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97; Ord. No. Og 375, ~ 13, 103 00) SECTION 80. Chapter 22, Article VII, Section 22-435, of the Federal Way City Code shall be amended to read as follows: 22-435 Official file. (a) Contents. The director of eommuDity development services shall compile an official file on the application containing the following: (1) All application materials submitted by the applicant. (2) The staff report~. (3) All written comments received on the matter. (4) The electronic recording of the any public hearing on the matter. (5) The decision ofthe hearing examiner. (6) If the decision of the hearing examiner is appealed, the following will be included in the file: a. The lettef notice of appeal. b. All written comments submitted regarding the appeal. c. The staff report on the appeal. d. The electronic sound recording and minutes of the hearing on the appeal. e. The decision of the city council on the appeal. (7) Any other information relevant to the matter. including any agency decision and notice of appeal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of commuflity development serviees during regular business hours. (Ord. No. 90-43, ~ 2(150.25),2-27-90; Ord. No. 92-133, ~ 3(150.25), 4-21-92; Ord. No. 97-291, ~ 3,4-1-97) SECTION 81. Chapter 22, Article VII, Section 22-436, of the Federal Way City Code shall be amended to read as follows: 22-436 Notice. (1) Contents. The director of eommuDity elevelopment serviees shall prepare the following notices as applicable: (a) Notice of application. A notice of application shall contain: (i) The name of the applicant and, if applicable, the project name and file number. (ii) The date of application, the date of the notice of completion for the applieation, and the date of the notice of application. (iii) The street address of the subject property or, if this is not available, a description of the location of the property in non-legal language. Except for notice~ published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (iv) A brief description of the requested decision, including a citation to the provision of this chapter governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any other permits which are not included in the application. Ord. No. , Page 32 (v) A statement of the availability of the official file. (vi) A statement of the right of any person to submit written comments to city staff or the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally. (vii) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (viii) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. (b) Notice of public hearing. In addition to the information specified in the notice of application, the notice of public hearing shall include the following: (i) The date, time, and place of the public hearing. (ii) A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally and the right to request a copy of the decision once made. For agency decision appeals this right is limited to those entitled to appeal. (iii) A statement that only the applicant, persons who submit written or oral comments to the hearing examiner, or persons who specifically request a copy of the written decision may appeal may appeal the hearing examiner's decision. (c) Notice of agency decision appeal. A notice of an agency decision appeal shall contain: (i) The file number and a brief description of the matter being appealed. (m A statement of the scope of the appeal. including a summary of the errors alleged and specific factual findings and conclusions disputed in the letter of appeal. (iii) The date. time. and place ofthe public hearing on the appeal. (iv) A statement of who may participate in the appeal. (v) A statement of how to participate in the appeal. (2) Distribution. The director of cemmuflity ae-velepment services shall distribute these notices as follows: (a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director of eomffil:lflity development serviees shall distribute the notice of application as follows: (i) A copy of the notice of application will be published in a newspaper of general circulation in the city; (ii) At least three copies of the notice of application will conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property; (iii) A copy of the notice will be posted on each of the official notification boards of the city and public libraries within the city; (iv) A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) Notice of public hearing. The director of eommunity development services shall distribute the notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of application except no posting needs to be done on or near the subject property. as follows: (i) A copy will be mailed to the persons receiYiDg the property tax statements for all property v/ithiD 300 feet of eaeh bOHfldary ofthe oobjeet property; (ii) '^1 eopy will be publishea iD a ne\vspaper of general eireulation of the eity; (iii) A copy will Be posted OD each of the official notification boaras of the city and public libraries withiD the city. (c) Agency decision appeals. Distribution of notices involving an agency decision appeal shall occur at least 10 calendar days before the hearing on the appeal. and shall be mailed to each person entitled to appeal the decision. No further distribution is required for agency decision appeals. (3) Public notification sign. Except for in agency decision appeals. the +he applicant shall erect at least one public notification sign which complies with standards developed by the department &f Ord. No. , Page 33 commuHity deyelopment serviees within 14 calendar days of the issuance of the letter of completeness. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of eommunity de'/elopmeflt services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision ofthe city on the matter. (1) Timing f{)r signs. The puelic notifieatiofl sign or signs must be in plooe within 11 ealendar aays of issuing the letter of eompleteDess and remoyea within sevefl caleflaar days after the final deeision ef the eity on the matter. (Ord. No. 90-43, ~ 2(150.30),2-27-90; Ord. No. 92-133, ~ 3(150.30),4-21-92; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 01-399, 9 3, 8-7-01) Cross-reference: FWCC 18-51 SECTION 82. Chapter 22, Article II, Section 22-437, of the Federal Way City Code shall be amended to read as follows: 22-43~.5 Compliance with the State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of 6efHfH1::lHity aevelepment services shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under the authority of the State Environmental Policy Act. Where a threshold determination under the State Environmental Policy Act is required, the responsible official shall issue his or her determination at least 29 days prior to the hearing before the hearing examiner to allow any appeal of the threshold determination to be consolidated with the hearing on the application for process N approval. (Ord. No. 90-43, ~ 2(150.20), 2-27-90; Ord. No. 92-133, ~ 3(150.20), 4-21-92; Ord. No. 97- 291, ~ 3,4-1-97) SECTION 83. Chapter 22, Article VII, Section 22-438, of the Federal Way City Code is hereby repealed as follows: 22 H8 Communi!)> design guidelines. (a) :\.pplicability. ;\ll commercial, office, ifldustrial, institutional, and multifamily de>:elepment applieations are subjeet to the requirements of ,^.rtiele XIX, Comm1::lHity Design GuideliDes. .^ApplieatieR5 for remoaeliflg aRa expaRsion of an eKistiflg de'lelopmeBts shall meet only those pro'/isions of this article that are determiaed by the director of commuDity de'/elopment services to be reaseflably related and applieable to the area of expansiofl or remodeliflg. (b) Director's deeisioD. WithiD 10 v:orkiDg days after the deadliae for submittiDg comments and after cOflsideriHg all of the iDformatioD aRd comments submitted Ofl the applicatien, the direetor ef eommuHity deyelopment serviees shall issue a '.Yi"itten deeisioH. (c) Decisioflal eriteria. The director of eommuDity de'/elopfHent services shall use the eriteria listed iD the provision of this ehapter describing the requested decision in decidiDg upon the applicatioD. In additiofl, the director of eommuDity developmeat services may approve the applieatiofl only if: (1) It is eODsistent v:ith the site design standards set forth for all :wniDg districts in FWCC R ~ -, (2) It is consistent with applicable supplemental guideliDes set forth iD FWCC 22 1638; and (3) For development applications for remodeling or expansioD of an existiDg de'/elepment, it is eonsistent with those pro'lisioDS of ;\rtiele XIX, CommuDity Design Guidelines, identified by the director of commuDity development services as beiflg applieable. (d) Conditions and restrietiefls. The directer ef eommuDity ae'/elopment services shall iflelude in the \'>TitteD deeisioD an-y cOflditions afld restrictions that he or she determifles are reasonably Deeessary to Ord. No. , Page 34 eliminate or minimize any uDdesirable effects of granting the application. ,A~ny eOflditioDs and restrictions that are iDeluded become part of the deeision. (e) Contents. The direetor of eomml:lnity deyelopment services shall iRelude the followiRg iH the written deeision: (1) ,^l. statemeHt graHting, modifying aDd grantiDg, or denyiDg the application. (2) Any cOflaitions ana restrietioDs that are imposed. (3) }~ statement of faets preseHted to the direetor of eommooity development services that SMppOrt the decisioH, iReludiDg any cODditions aBd restrictioRs that aFe imposed. ( 1) "A~ statemeHt of the direetor's cOflclusions based on those faets. (5) ,A~ statement ef the criteria used BY the direetor of commooity deyelopment serviees iR making tho decision. (6) The date ofthe deeisiofl. (7) A SMHlmary of the rights, as established ifl this articlo, ef the aflplicant, ana others te aflpeal the decision and/or cenditions of the director of eommuDity development services. (8) The identifieatiofl of existiDg eflvironmeBtal doeMHlents that eyalaate the preposed projeet and the 10catioD where the applicatiefl and afl)' stHdies ean be reviewed. (9) ,A~ statement of the prelimiRary determinatioR, if one has beeR made at the time ef Retiee, ef these deyelepment regulatioRs that will be used fer projeet mitigatioR ana ef eeRsisteney as proviaed iR RCW 36.70B.Q10. (f) DistribHtiofl of '.witteR deeisiofl. The wi'it:ten decision ef the direetor ef eemHHffiity de'"elopmeRt serviees is issuea, it shall Be aistributed as follo'.'Is: (1) A eepy '.vill Be mailed to the applieant. (2) ,A~ eopy will be mailed to eaeh person v/ho submitted ,;.Tittefl eemments er iflformatioR te the director of eommuRity development services. (3) A eopy will be mailed to any person '.vho has speeifieaUy reqtlested it. (1) }~ copy will be mailed to the KiRg CoMflty assessor. (g) Effeet of the deeision. The RJlplicant may not engage in any activity based 0n the deeisioD until the third workiDg day after the time to aflpeal has expired. If the deeisiofl is aflpealed, the applieant may not eflgage iD my aetivity based OH the decision Mfltil the third werkiDg day after the eity issues a fiDal decisioR Ofl the matter. If the decision of the direetor of eOmImlflity development services is net appealed, that deeision is the fiaal decisioR ofthe city. (h) ,A~ppeals. (1) Who may appeal. The aecision andl-er eonditiens ef the director ef commuRity de'lelepment services relatea to the eommooity design guiaeliDes may be appealed by any perseR 'll<fle is to reeeive a copy ofthat deeisieR UDder FWCC 22 438(f). (2) How and V/flen to appeal. The aflpeal, in the form of a letter ef aflpeal, Hlast be deli'/ered to the department of eomImlnity development services withiR 11 ealeDdar days after issHanee ef the deeision of the director of eommooity development services. The letter of appeal must eoBtain: a. ,^l. statement identifyiDg the matter being appealed, aloflg '.vith a eopy of the aeeision; b. ,A~ statemeflt of the alleged errors iD the direetor's deeision, ifleluaing speeific factual fiaaiDgs afla eOflelusions of the direetor of commuflity de'leloprnent services dispHtea BY the persen filing the appeal; afld e. The appellant's Dame, address, telephoDe Rumber afla fax oomber, ana any other informatioD to facilitate eommunicatiDg with the appellant. (3) Fees. The person filiflg the appeal shall iDelMde, with the letter of appeal, the fee as established by the eity. The aflpeal will not be accepted unless it is accompanied by the required fee. ( 4) JMrisdietiofl. .^~ppeals of the decisioR of the direetor of eommuRity de'/elopment services will be heara BY the hearing examifler. (5) ,A~ppeal heariflg timing. ,^l.n appeal 0f a deeisioD of the direetor of eommuDity deyelopment serviees 'lIill be heard on the Saffle date as the public hearing for the applicatien being pr0eessed purS\:laflt to this section. Ord. No. , Page 35 (6) Notice of appeal hearing. The Dotiee of the appeal heariflg shall be iaeludea in the notiee of public hearing for the application beiHg processed pl:1fSUant to this section. The aotiee of appeal heariDg shall include: a. The file Dumber afld a brief deseription of the matter beiHg appealed; b. /\ statement of the seope of the appeal, iDdudiDg a summary of the allegea errors ifl the direetor's deeision, ifleludmg speeific faetual fiflaings ana eonellisioas aisputed in the letter of appeal; e. The date, time, and plaee ofthe publie heariflg on the appeal; d. '^1 statement ef who may partieipate in the appeal; afld e. ,\ statemeBt ef how to participate ia the appeal. (7) The provisions of FWCC 22399 through 22 406 shall apflly to apfleals filed Mflaer this sectioH. (Ord. No. 97 291, ~ 3, 1 1 97; Ord. No. 99 333, ~ 3, 1 1999; Ord. No. gO 375, ~ 14, 10 3 00) SECTION 84. Chapter 22, Article VII, Section 22-439, of the Federal Way City Code shall be amended to read as follows: 22-439 Staff report. (a) Contents. The director of eommuflity de'/elopment serviees shall prepare a staff report concerning the application or agency decision appeal. beiag pr.eeessea pl:lfSuant to this seetiefl. The staff repert shall containing the following iaformatiofl: (1) All pertinent application materials. including any notice of appeal and any agency decision. (2) All written comments regarding the matter received by the department of eefflffillflity deyelepmeBt serviees prior to distribution of the staff report. (3) An analysis of the application under the any relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of eemmuaity de'/elepment serviees and the conclusions drawn from those facts. including an analysis of any alleged errors or disputed [mdings or conclusions in an agency decision appeal. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of eommunity deyelopmeat services shall distribute the staff report to the hearing examiner. the applicant. the appellant. any person who specifically requested it. and in an appeal any person who requested the agency's decision. as folle':ls: (1) '^1 eopy will be sent to the heariag examiDer. (2) '^1 copy will be sent to the applicant. (3) '^1 eepy will Be sent te any perSOfl who has specifically requestea it. (Ord. No. 90-43, ~ 2(150.35),2-27-90; Ord. No. 92-133, ~ 3(150.35),4-21-92; Ord. No. 97-291, ~ 3, 4-1-97) SECTION 85. Chapter 22, Article VII, Section 22-440, of the Federal Way City Code shall be amended to read as follows: 22-440 Public hearing. (aD Generally. The hearing examiner shall hold a f*Iblie hearing on each application that is open to the public. The hearing examiner shall make a complete electronic sound recording of each public hearing. (ll) Open to publie. The hearings of the hearing examiner are open to the public. (2) Participation. Any person may participate in a public hearing under this process. except those involving agency decision appeals. Only those persons entitled to appeal may participate in the appeal. Participation is accomplished through either or both of the following ways: Ord. No. , Page 36 (a) By submitting written comments to the hearing examiner. either by delivering these comments to the department of eommuDity de'/elopment services prior to the hearing or by giving these directly to the hearing examiner at the hearing. (b) By appearing in person. or through a representative. at the hearing and making oral comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (3) Continuation. The hearing examiner may continue the hearing if. for any reason. he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If. during the hearing. the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room. no further notice of that hearing need be given. (Ord. No. 90-43, ~ 2(150.40), 2-27-90; Ord. No. 92-133, S 3(150.40), 4-21-92; Ord. No. 97-291, ~ 3,4-1-97) SECTION 86. Chapter 22, Article VII, Section 22-441, of the Federal Way City Code is hereby repealed as follows: 22 441 EleetF90ie sound ree9Fding. The heariflg eKiHBiDer shall make a eamplete eleetroaie sauna reeomiflg of eaeh publie heariag. (0fEl. No. 90 13, ~ 2(159.15),22799; Om. No. 92 133, ~ 3(159.15), 4 21 92; Ord. ~la. 97 291, ~ 3, 1 1 97) SECTION 87. Chapter 22, Article VII, Section 22-442, of the Federal Way City Code shall be amended to read as follows: 22-442 Burden of proof. The applicant has the responsibility of eeaYlBemg persuading the hearing examiner ~ preponderance of the evidence that, under the provision of this article, the applicant is entitled to the requested decision. The hearing examiner may take notice of (a) any judicially cognizable facts. (b) technical or scientific facts within the agency's specialized knowledge. and (c) codes or standards that have been adopted by an agency of the United States. of this state or of another state. or by a nationally recognized organization or association. The hearing examiner shall give great deference to the agency's interpretation of its own properly promulgated regulations. matters within its expertise. and procedural determinations. (Ord. No. 90-43, ~ 2(150.50), 2-27-90; Ord. No. 92-133, ~ 3(150.50),4-21-92; Ord. No. 97-291, ~ 3,4-1-97) SECTION 88. A new section is added to Chapter 22, Article VII, of the Federal Way City Code to read as follows: 22-442.5 Scope of al!encv decision appeals. The scope of agency decision appeals is limited to the errors of law raised or the specific factual findings and conclusions disputed in the notice of appeal. The hearing examiner may only consider evidence. testimony. or comments relating to errors of law raised or the disputed findings and conclusions. The hearing examiner also may not consider any request for modification or waiver of applicable requirements of this chapter or any other law. SECTION 89. Chapter 22, Article VII, Section 22-443, of the Federal Way City Code is hereby repealed as follows: Ord. No. . Page 37 22 4H Pablie eomments and partieipation at the hearing. ,^.ny persoH may partieipate iD the publie heariDg in either or both of the followiflg ways: (1) By soomittiDg writteD eomments to the heariflg examiner, either by delivering these eomments to the department of eommuHity development serviees prior to the hearing or by gi'ling these direetly to the heariDg examifler at the heariDg. (2) By appearing in persoR, or through a repr.esentative, at the heariRg afla makiDg oral eommeBts dir.eetly to the heariRg examifler. The heariDg examiRer may reaseRably limit the extent of oral eemmeBts to facilitate the orderly and timely eOflauet of the heariDg. (Ora. No. 99 13, ~ 2(150.55),22799; Ord. No. 92 133, ~ 3(159.55), 1 21 92; Ora. No. 97 291, ~ 3, 1 1 97) SECTION 90. Chapter 22, Article VII, Section 22-444, of the Federal Way City Code is hereby repealed as follows: 22 ~44 Continuation of the hearing. The heariflg examiner may eontifH:le the hearing if, for any reaseD, he or she is unable te hear all of the poolie eommeflts on the matter er if the hearing eKaminer determines that he er she Reeds mere iflformation OR the matter. If, during the heariRg, the heariDg examifler &r.nOllRees the time aBd plaee ef the Rext heariRg en the matter and a Dotiee thereof is pested on the door of the hearing reem, 80 further Dotiee ef that heariRg Reed be given. (Ord. No. 99 13, ~ 2(159.60), 22799; OFEl. No. 92 133, ~ 3(150.60),4 21 92; Ord. Ne. 97 291, ~ 3, 4 1 97) SECTION 91. Chapter 22, Article VII, Section 22-445, of the Federal Way City Code shall be amended to read as follows: 22-445 Hearing examiner's decision. (a) General. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written decision. In an agency decision appeal. the examiner shall affirm. reverse. or modify the decision being appealed based on the hearing examiner's findings and conclusions. Subsections c. d. and e of this section do not apply to agency decision appeals. (b) Timing. (1) Unless a longer period is agreed to by the applicant, the hearing examiner must shall issue the decision within 10 working days after the close of the public hearing. (2) The hearing examiner will endeavor to issue his or her decision on the land use and design components of the process IV project permit approval within 120 days of the issuance of the letter of completeness issued pursuant to 22-433( d), except that the following periods shall not be included in the calculation of the 120-day period: a. Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. In these instances, the period excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need for additional information and run until the earlier of the date the city determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the city. If the city determines that the information submitted by the applicant under this paragraph is insufficient, it shall notify the applicant of the deficiencies and the procedures under this paragraph shall apply as if a new request for studies had been made. b. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21 C RCW. c. Any period for administrative appeals of the SEP A threshold determination, provided that the time period for consideration of such appeals shall not exceed 90 days for an open record appeal hearing. The parties to an appeal may agree to extend the 90-day period. Ord. No. , Page 38 d. Any extension of time mutually agreed upon by the applicant and the city. The 120-day time period does not apply if a project permit application under this article requires an amendment to the comprehensive plan or this chapter; requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or if a project permit application under this article is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under FWCC 22 388. 22- 33.5. If the hearing examiner is unable to issue his or her decision on the land use or design review components of a process IV project permit application as provided in this paragraph, the city shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of final decision. (c) Decision criteria. The hearing examiner shall use the criteria listed in the provision of this chapter describing the requested decision in deciding upon the application. In addition, the hearing examiner may approve the application only if: (1) It is consistent with the comprehensive plan; (2) It is consistent with all applicable provisions of this chapter and all other applicable laws; (3) It is consistent with the public health, safety and welfare; (4) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; and (5) The proposed access to the subject property is at the optimal location and configuration for access. (d) Conditions and restrictions. The hearing examiner shall include in the written decision any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are imposed become part of the decision. (e) Contents. The hearing examiner shall include the following in the examiner's written decision: (1) A statement granting, modifying and grantin~ or denying the application. (2) Any conditions and restrictions that are imposed. (3) A statement of facts presented to him or her that support the decision, including any conditions and restrictions that are imposed. (4) A statement of the hearing examiner's conclusions based on those facts. (5) A statement of the criteria used by the hearing examiner in making the decision. (6) The date of issuance of the decision and a summary of the rights, as established in this article, of the applicant and others to appeal the decision of the hearing examiner. (7) A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW. (8) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. (f) Distribution of written decision. Within five working days after the hearing examiner's written decision is issued, the director of eommuaity development services shall distribute the decision as follows: (1) A copy will be mailed to the applicant and the appellant. (2) A copy will be mailed to each person who submitted written or oral testimony to the hearing exammer. (3) A copy will be mailed to any person who has specifically requested it. (4) A copy will be mailed to the King County assessor.(Ord. No. 90-43, 9 2(150.65), 2-27-90; Ord. No. 92-133,93(150.65),4-21-92; Ord. No. 97-291, 9 3, 4-1-97) Ord. No. , Page 39 Editor's note - Ordinance No. 97-291, 9 3, adopted April 1, 1997, deleted 9 22-445. Formerly, such section pertained to request for reconsideration and derived from Ord. No. 90-43, 9 2(150.75), 2-27-90; Ord. No. 92-133, 9 3(150.75),4-21-92. SECTION 92. Chapter 22, Article VII, Section 22-446, of the Federal Way City Code shall be amended to read as follows: 22-446 Final decisions and effect Effeet of the decision. Upon a decision becoming final, the applicant may engage in activity based on the decision, provided applicable permits have been approved. If a decision of the hearing examiner is the final decision of the city it may be reviewed under 22-456. Where the hearing examiner's decision is not the final decision of the city. the decision may be appealed under 22-447 and is subject to subsection 2 of this section. (1) Agency decision appeals. The decision bv the hearing examiner on an agency decision appeal is the final decision of the city. except where the proposed project involves: (a) An approval. other than a site plan approval. involving a school (FWCC 22-605), a community recreation area (FWCC 22-607), a government facility (FWCC 22-610), a public utility (FWCC 22-609). or a public park (FWCC 22-611) located in a SE (suburban estates). RS (single-family residential). or RM (multifamily) zone~ or (b) A site plan approval for a public utility located in a BN (neighborhood business). BC (community business). or OP (office park) zone (c) SEP A appeals under Chapter 18. (2) Other cases. In cases not subject to subsection 1 of this section. decisions of the hearing examiner become final: ( a) If no appeal of the hearing examiner's decision is submitted within the appeal period. on the first calendar day following the expiration of the 14 calendar day appeal period~ (b) If a written notice of appeal of the hearing examiner's decision is received within the appeal period. when the city issues a final decision after the appeal process is complete. DeeisioRs beeome fiRal subjeet to the folloVl'iRg: (1) If a '?flitteR Rotiee of appeal is reeei'/ed withiR the appeal peried, the deeisieR shall Rot beeome fiRal uRtil the appeal process is eomplete and the city issaes a fiRal deeisioR. (2) If RO appeal is suBmitted withiR the 11 caleadar day appeal period, the deeisieR shall beeome fiRal OR the first ealendar aay followiRg the ex:piratioa efthe appeal period. (Ord. No. 90-43, 9 2(150.70), 2-27-90; Ord. No. 92-133, 9 3(150.70),4-21-92; Ord. No. 97-291,93,4-1-97; Ord. No. 00-375, 9 15, 10- 3-00) SECTION 93. Chapter 22, Article VII, Section 22-447, of the Federal Way City Code shall be amended to read as follows: 22-447 Appeals of the Hearln!!: Examiner's decision. (1) Who may appeal. The decisions of the hearing examiner which are not the final decision of the Q!y. may be appealed by the applicant, persons who submit written or oral comments to the hearing examiner, ef persons who specifically request a copy ofthe written decision. or by the City. (2) How and when to appeal. The appeal, iR the form ef a letter A written notice of appeal; must be delivered to the department of eommHflity development services within 14 calendar days after issuance of the decision of the director of commuRity developmeRt serviees. The appeal must be accompanied by cash or a check. payable to the city of Federal Way. in the amount of the fee as established by the city. The lettef notice of appeal must contain: (a) A statement identifying the decision being appealed, along with a copy of the decision; Ord. No. , Page 40 (b) A statement of the alleged errors in the hearing examiner's decision, including specific factual findings and conclusions of the hearing examiner disputed by the person filing the appeal; and (c) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (3) Transcript Fee. The pefSoB filiBg the appeal shall iBelude, with the letter of appeal, the fee established by the city. (a) IB additioB to the appeal fee, the appellant shall either pay an amount sufficient to cover the cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour~-: (b) In lieu of paymeRt of the transcript preparatioB eosts, the atlpellaRt may eheose to or make separate arrangements to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shall be submitted to the city hearing examiner secretary for distribution no later than 20 days prior to the date of the hearing on appeal, and shall be accompanied by an affidavit or certification by the appellant as to the accuracy and completeness of the transcript. (e) The atlpeal '.vill Rot be aeeeptea uRless it is aeeompanied by the re(;).uired fee ana atlprepriate east&: (d) The cost of the transcript shall be refunded to the appellant if the appellant substantially prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation as follows: (i) City staff preparation. Hourly cost of preparation. (ii) Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city. (4) Jurisdiction. Appeals from the decision of the hearing examiner will be heard by city council. (Ord. No. 90-43, 9 2(150.80), 2-27-90; Ord. No. 92-133, 9 3(150.80),4-21-92; Ord. No. 97-291, 9 3,4-1- 97) SECTION 94. Chapter 22, Article VII, Section 22-448, of the Federal Way City Code shall be amended to read as follows: 22-448 Notice of the appeal hearlng. (a) Contents. The director of commuBity develepment serviees shall prepare a notice of the appeal containing the following: (1) The file number and a brief description of the matter being appealed. (2) A statement of the scope of the appeal, including a summary of the specific factual findings and conclusions disputed in the letter of appeal. (3) The date, time and place of the city council public hearing on the appeal. (4) A statement of who may participate in the appeal. (5) A statement of how to participate in the appeal. (b) Distribution. At least 10 calendar days before the hearing on the appeal, the director of community development shall send a copy of this notice to each person entitled to appeal the decision HfH:ler FWCC 22 116. (Ord. No. 90-43, 9 2(150.85), 2-27-90; Ord. No. 92-133, 9 3(150.85),4-21-92; Ord. No. 97-291, 93,4-1-97) SECTION 95. Chapter 22, Article VII, Section 22-449, of the Federal Way City Code is hereby repealed as follows: 22 'H9 PaFtieipatioR iR the appeal. aBly those persons eRtitled to appeal the deeisioB under FWCC 22 117 may partieipate iB either or both ofthe followiBg 'Nays: Ord. No. , Page 41 (1) By submitting written eomments to the department of community deyelopmeRt prior to the hearing or to the city council at the hearing. (2) By appearing ia perSOR, or through a representative, at the heariag and makiag oral commeats direetly to the city eOl:lncil. The e01:meil may reasonably limit the exteRt of the oral eomments to facilitate the orderly and timely CORooCt ofthe heariag. (Ord. No. 90 13, ~ 2(150.9(}), 2 27 90; Ora. No. 92 133, ~ 3,1 21 92; Ord. No. 97 291, ~ 3, 1 1 97) Editor's Rote Ordinanee No. 97 291, ~ 3, adopted .-\prill, 1997, deleted ~ 22 119. Fermerly, sueh sectioa pertained to scope efthe atlpeal and derived from Ord. No. 9() 13, ~ 2(159.95),227 9(); Ord. No. 92 133, ~ 2, 1 21 92. SECTION 96. Chapter 22, Article VII, Section 22-450, of the Federal Way City Code shall be amended to read as follows: 22-450 Staff report on the appeal. (a) Contents. The director of community development shall prepare documents on the appeal containing the following: (1) The staff report prepared for the public hearing before the hearing examiner. (2) The written decision of the hearing examiner. (3) All written comments submitted to the hearing examiner. (4) A summary of the comments and information presented to the hearing examiner, a statement of the availability of the electronic sound recording of the hearing, and a written transcript of the hearing examiner's proceedings. (5) The lettef notice of appeal. (6) All written comments received by the department of community development from persons entitled to participate in the appeal and within the scope ofthe appeal. (7) An analysis of the alleged errors and the specific factual findings and conclusions disputed in the letter of appeal. (b) Distribution. At least seven calendar days before the hearing. the +he director of eommanity develepment serviees shall distribute copies of the staff report on the appeal to the following people: each member of the city council, the applicant. the appellant. any person who specifically requested it. in an appeal any person who requested the director's decision. and in an appeal the underlying applicant if different than the appellant. doeuments as fdlO't'ls: (1) Prior to the hearing, a eopy will be seRt tEl eaeh member of the eity eel:lReil. (2) At least sevea calendar aays befElre the hearing, a copy 'sill Be seat te: a. The applicant; b. The persoa who filed the appeal; and c. Each person who reeei'/ed a copy of the heariag examiner's deeision. (Ord. No. 90-43, 9 2(150.100),2-27-90; Ord. No. 92-133,93(150.100),4-21-92; Ord. No. 97-291,93,4-1-97) SECTION 97. Chapter 22, Article VII, Section 22-451, of the Federal Way City Code shall be amended to read as follows: 22-451 Closed record appeal. (aD Generally. The city council shall hold a closed record appeal hearing, as defined in RCW 36.708.020(1). that is open to the public. The city council shall make a complete electronic sound recording of the hearing. (2) Participation. Only those persons entitled to appeal the decision of the hearing examiner may participate in either or both of the following ways: Ord. No. , Page 42 (a) By submitting written comments to the department of community development prior to the hearing or to the city council at the hearing. (b) By appearing in person. or through a representative. at the hearing and making oral comments directly to the city council. The council may reasonably limit the extent of the oral comments to facilitate the orderly and timely conduct of the hearing. (3) Continuation. The city council may continue the hearing if. for any reason. he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If. during the hearing. the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room. no further notice of that hearing need be given. (b )Open to publie. The heariags ofthe city eouneil are opeR to the public. (c1) Seope of appeal. The seope of the aflpeal is limited to the speeific errors raised or faetlial fiadings disputed in the letter of appeal. The city eeHfleil shall eensider oaly the follewiag: (la) The;. iaformatioR reeei'/ed from the airee-tor of eomml:lnity aeyel0flment serviees plHsuant to FWCC 22 150; . (212) The reeor<1 before the hearing examiaer, includiag exhibits and eyidenee admittea by the hearing examiRer; (3) Appeal argumeRt by the appellant, an-y perSOR whe eemmeRted te er testified before the heariRg examiaer, or other persons pra'/ided that appeal arg"meRt shall address ORty the issues mised by the letter of atlpeal and evidenee, if any, allewed Hflder FWCC 22 151(e)( 1); aad (1) New evidenee that was Ret presented to er eoasiaered by the hearing examiRer, bat ealy if that e'/idenee: (i) R-elates to the validity ofthe heariag examiRer's deeisioR at the time it was made ana the party off-eriag the aew evidence did net know~ and '.vas under ao duty to diseever_er eou16 aet reasoaaaly ha"/e diseovered the eyideaee "Rtil after the HeariRg examiaer's decisien; or (ii) The heariag examiner improperly exelliaed or omitted the eyidenee frem the reeerd. (Ord. No. 90-43, 9 2(150.105), 2-27-90; Ord. No. 92-133, 9 3(150.105),4-21-92; Ord. No. 97-291, 9 3,4-1-97) SECTION 98. A new section is added to Chapter 22, Article VII, of the Federal Way City Code to read as follows: 22-451.5 Scope of appeal. The scope of the appeal is limited to the errors of law raised or the specific factual findings and conclusions disputed in the notice of appeal. The city council shall consider only the following: (1) The staff report on appeal~ (2) The record before the hearing examiner. including exhibits and evidence admitted bv the hearing examiner~ (3) Evidence within the scope of the appeal that was not presented to or considered by the hearing examiner. but only if: (a) At the time of the hearing examiner's decision the party offering the evidence did not know of the evidence. was under no duty to discover the evidence. and could not have reasonably discovered the evidence~ or (b) The hearing examiner improperly excluded or omitted the evidence from the record. (4) Arguments within the scope of the appeal bv persons allowed to participate in the appeal. SECTION 99. Chapter 22, Article VII, Section 22-452, of the Federal Way City Code is hereby repealed as follows: Ord. No. , Page 43 22 452 EleetroRie SOHRd reeoraiBgs. The city eouRcil shall make a complete electronie sOl:lRd rocordiRg of eaeh hoariag. (Ord. No. 99 13, ~ 2(15(}.110), 22790; Ord. No. 92 133, ~ 3(150.110), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 100. Chapter 22, Article VII, Section 22-453, of the Federal Way City Code shall be amended to read as follows: 22-453 Burden of proof. The person filing the appeal has the responsibility of eonvinciBg persuading the city council by a preponderance of the evidence that the hearing examiner's decision contains an error of law or that its findings of fact or conclusions are incorrect. (Ord. No. 90-43,92(150.115),2-27-90; Ord. No. 92-133, 9 3(150.115),4-21-92) SECTION 101. Chapter 22, Article VII, Section 22-454, of the Federal Way City Code is hereby repealed as follows: 22 4S4 CORtiBuati8B of the heariBg. The city eeuReil may eoRtiRue the heariRg if, for any r-easen, it is Hflaele te hear all ef the paalie eommeRts on the appeal or if the eity eOHfleil determines that it Reeds mare iRformation withiR the seope of the appeal. If, daring the heariag, the time and plaee ef the Rext paalie heariRg aR the matter is anROUneea and a notice thereof is pested an the door af the hearing ream, Ra further Ratiee ef that heariRg Heed be giyen. (Ord. No. 99 13, ~ 2(159.129),22799; Ord. No. 92 133, ~ 3(159.129), 1 21 92) SECTION 102. Chapter 22, Article VII, Section 22-455, of the Federal Way City Code shall be amended to read as follows: 22-455 Decision on the appeal. ill After considering the matter as provided in FWCC 451.5 22 151(e), the city council shall, by motion approved by a majority vote of members present, take one of the following actions: (+!!:) If city council determines that the disputed findings of fact and conclusions are the correct findings of fact and conclusions, the council shall affirm the decision. (~Q) If city council determines that the disputed findings of fact and conclusions are not correct and that correct findings of fact and conclusions do not support the decision of the hearing examiner, the council shall modify or reverse the decision. (~~) Notice of decision. {a}. General. Within 2 working days after Follovl'ing the final decision of the city council, the director of commuaity developmeRt services shall prepare a notice of the city's final decision on the application. To the extent the decision does not do so, the notice shall include a statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW, and a statement that the affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. {b}. Distribution. Within two working days after the city council's decision is made, the director of eomml:lRity development services shall distribute the notice of the decision as follows: 1. A copy will be mailed to the applicant. 2. A copy will be mailed to the person who filed the appeal. 3. A copy will be mailed to any person who submitted written or oral comments to the city council. 4. A copy will be mailed to the King County assessor. Ord. No. , Page 44 (4J) Effect. The decision of city council is the final decision of the city. (Ord. No. 90-43, 9 2 (150.125),2-27-90; Ord. No. 92-133, 9 3(150.125),4-21-92; Ord. No. 97-291, S 3,4-1-97) SECTION 103. Chapter 22, Article VII, Section 22-456, of the Federal Way City Code shall be amended to read as follows: 22-456 Judicial review. The final decision aetieR of the city in granting or denying an application or an appeal under this article may be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city. Provided that final decisions involving multifamily housing tax exemptions may be appealed to the King County superior court in accordance with the procedures in RCW 34.05.510 through 34.05.598. as provided in RCW 84.14.11 0(2). within 30 days after issuance of the decision of the hearing examiner. (Ord. No. 90- 43,92(150.130),2-27-90; Ord. No. 92-133, S 3(150.130), 4-21-92; Ord. No. 97-291, 9 3, 4-1-97) SECTION 104. Chapter 22, Article VII, Section 22-457, of the Federal Way City Code is hereby repealed as follows: 22 ~57 Lapse of approval CeBeral~'. The applicant must begin coastructien er suBmit ta the eity a eemplete buildiBg permit atlplieatien for the developmeRt activity, use of land or other aetions atlpro'/ea Hflder this artiele withiR ORe year &iter the fiRal deeisioR OR the matter, or the deeisien beeomes void. The atlplieaat must saastantially eomplete eonstmetioa for the deyelopmeRt aetivity, 1:lse ef land, or other aetions atlproved ooder this artiele aRd complete the applieable eonditions listed ia the decisioa withia fi'/e years after the fiRal GeeisioR af the eity on the matter, or the deeision becomes void. If litigatioR is initiated pHfsuant to FWCC 22 156, the time limit of this seetion are automatieally extended by the length ef time between the eommeneemeRt and fiaal termiaatiea ef that litigation. If the GevelopmeRt aetivity, 1:lse of land, ar ather aetions appro'/ed l:lnder this article iaell:ldes phased eonstmetiea, the time limits of this seetion may be eKteRGed iR the deeision on the atlplication. (Ora. No. 90 13, ~ 2(159.135(1)),22799; Ord. No. 92 133, ~ 3(159.135(1)), 1 21 92; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 105. Chapter 22, Article VII, Section 22-458, of the Federal Way City Code is hereby repealed as follows: 22 ~58 Lapse of approval Time exteRsioR. (a) f1pplication. Prior to the lapse of approval ooder FWCC 22 157, the applieants may s1:lbmit a written applieation in the f-orm of a letter with supporting doeameRtatioa to the department of community developmeRt services re(;).\:lesting a oae time extension of those time limits ofap to oae year. (b) Criteria. The request must demoRstrate that the applieant is making substantial progress OR the deyelopmeRt aetiyity, l:lse of land or other aetions approved uader this article aad that eirc1:lmstanees beyond the applicaRt's control prevent compliance with the time limits ofFWCC 22 157. (c) Fee. The applicant shall iRclade, ..lith the letter efreq1:lest, the fee as established by the eity. The applieatioa '.vill not be aeeepted \:laless it is accompanied by the reql:lired fee. (d) Review proeess. ,'\a applicatioa for a time extension will be re'/iewed and decided upoa by the director of community development services. (e) f1ppeals. f1~' person who is aggrieved by the grantiag or deaying of a req1:lest for a time extensioa l:lRder this section may appeal that decisioa. The appellant must file a letter af atlpeal iadicatiag how the decisiaa on the time exteasion effeets the atlpellant's property aad preseRting any rele':ant material or Ord. No. , Page 45 information sl:lpporting the appellant's conteation. The appeal '.vill be heard and deciaed l:lpon l:lSiRg process IV, described in this article. ,A.ny time limit, pmsl:lant to Chapter 36.7(}B RcW, upon the city's processing and decision l:lpon atlplications uader this chapter may, except as otherwise specifieaUy stated in this chapter, be modified by a written agreement between the applicant and tho direetor of commuaity deyelopment services. (Ord. No. 90 13, ~ 2(150.135(2)),22799; Ord. No. 92 133, ~ 3(150.135(2)), 1 21 92; Ord. }lo. 97 291, ~ 3, 1 1 97) SECTION 106. Chapter 22, Article VII, Section 22-459, of the Federal Way City Code is hereby repealed as follows: 22 4S9 BORds. The hearing examiner and city eouaeil may re(;}l:lire a bond under FWcC 22 116 to iRsure eomplianee with any aspeet of a permit er approyal. (Ord. Ne. 99 13, ~ 2(l59.11(}), 227 90; Ord. Ne. 92 133, ~ 3(159.119), 1 21 92; Ord. Ne. 97 291, ~ 3, 1 1 97) SECTION 107. Chapter 22, Article VII, Section 22-460, of the Federal Way City Code is hereby repealed as follows: 22 ~60 Complete eompliaBee requiFed. (a) Geaerally. Exeept as specified ia subsectioa (b) of this seetion, the atlfl1ieant BlUst cemply with all aspeets, iRcluding eonditioRs and restrietiens, of liB appreval gt'aRted 1:lRaer this artiele in erder to de eyerythiRg autherizea by that approval. (b) EKception SaeseC}\:leRt modificatioa. If a specific use or site eeRfiguFatioa for the subjeet property was approved under this article or any (;).uasi judieial proeess under a previeus zeRiRg cede, the applicant is aet requirea to apply fer and obtaia aflproval through this artiele for a saasequeRt ehange ia 1:lse 0f site configuratioR unless: (1) There is a change ia use and this ehatlter establishes different or mere rigerous standards for the new use thaa for the existiag 1:lse; or (2) The director of eommHflity developmeat serviees determiRes that there 'will be substantial changes in the impacts on the Reigkberhood er the city as a resuk of the change. (Ord. Ne. 99 13, ~ 2 (159.115),227 9(); Ord. No. 92 133, ~ 3(150.115),1 21 92; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 108. Chapter 22, Article VIII, Section 22-476, of the Federal Way City Code shall be amended to read as follows: 22-476 Process V !!:enerallv. :\dmiRistrfttioB. Application for a quasi-judicial rezones must be reviewed and decided upon under process V. This article describes process V. Under process V, the hearing examiner will hold a public hearing and based on the record of that hearing make a recommendation to city council, which will then decide upon the application. (Ord. No. 97-291, 9 3,4-1-97) SECTION 109. Chapter 22, Article VIII, Section 22-477, of the Federal Way City Code shall be amended to read as follows: 22-477 Types of rezones. W There are two types of quasi-judicial rezones as follows: (1) Non-project-related. A quasi-judicial rezone will be treated as non-project-related if: Ord. No. , Page 46 (a). The proposed rezone is initiated by the city and the subject property is not owned by the city; or (b). The proposed rezone is from one single-family residential zone classification to another single-family residential zone classification. (2) Project-related. A quasi-judicial rezone will be treated as project-related when it does not meet the requirements of subsection W(1) of this section. All project related rezones require a specific development proposal for the subject property. (Ord. No. 97-291, g 3, 4-1-97) SECTION 110. Chapter 22, Article VIII, Section 22-478, of the Federal Way City Code is hereby repealed as follows: 22 ~78 ....ApplieatioBs. (a) Who may apply. f1ny persoa may, persoRally er thrOl:lgh an ageRt, aflply for a deeisieR regat"diRg preperty he or she owas. (b) How te apply. The applieant shall file the f-ollo'o'liag iRformatieB with the departmeRt of eommuaity develel"fRent serviees: (1) ''''1 eompleted aflplicatioa, with supporting affidw/rts, en forms pro'/ided by the departmeRt ef comml:lnity de'/eloflment serviees; . (2) Twe sets ef stamped en'/elofles, and a list of the same, labeled with the Harne and address of all curreat oVlRers ofreal pmperty, as shev/H in the reeenls Elftfle eEllfRt)' assesser for the subjeet preperty, ',vithia 39() feet of eaeh booodary of the subjeet property; (3) f1 eel"Y of the CElHRty assessor's map ideRtifying the properties speeified in saaseetiElR (8)(2) of this seetioa; (1) ''''1 vieiaity mafl sRo'.yiRg the saajeet property with enol:lgft iRformatiEln to IEleate the property \vithin the larger area; (5) ''''1~' informatioR er material that is speeified in the proyisiEla of this ehaf)ter that deseribes the aflfllied f-or decisioa; (6) ."'JI iafElrmatioa sfleeified iR FWCC 2Lll; aRd (7) ."'.:flY additional iaformation or material that the direetor Elf eOfRmuRity develepmeRt serviees determiaes is reaseaaaly necessary for a decisien ea the matter. (e) Fee. With the applieatioa the aflplieant shall submit the fee establishea by the erty. The aflfllieatioR '""ill not be aeeepted ualess it is accompaaied by the re(;).l:lired fee and meets the r-eql:liremeRts of FWCC 2Lll and this section relatiag to what eoastitl:ltes a complete aflfllieatioa. (Ora. No. 97 291, ~ 3, 1 1 97; Ord. No. 99 337, ~ 2, 3 2 99; Ord. No. 90 375, ~ Hi, 10 3 (0) SECTION 111. Chapter 22, Article VIII, Section 22-479, of the Federal Way City Code shall be amended to read as follows: 22-479 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to the decisions that will be made using this article. The director of eommuaity development services shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under the authority ofthe State Environmental Policy Act. (Ord. No. 97-291, 9 3,4-1-97) SECTION 112. Chapter 22, Article VIII, Section 22-480, of the Federal Way City Code shall be amended to read as follows: Ord. No. , Page 47 22-480 Official file. (a) Contents. The director of commuaity de',elopment services shall compile an official file on the application containing the following: (I) All application materials submitted by the applicant. (2) The staff report. (3) All written comments received on the matter. (4) The electronic recording ofthe public hearing on the matter. (5) The recommendation ofthe hearing examiner. (6) The electronic sound recording and minutes ofthe city council proceedings on the matter. (7) The decision of city council. (8) Any other information relevant to the matter. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of eommuaity ae';elopmeRt serviees during regular business hours. (Ord. No. 97-291, ~ 3,4- 1-97) SECTION 113. Chapter 22, Article VIII, Section 22-481, of the Federal Way City Code shall be amended to read as follows: 22-481 Notice. (1) Content. The director of eeHllRtlflity deyelopmeRt services shall, v/ithia 11 days ef issuiflg a letter of eompleteness on the proposal, prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. (b) The date of application, the date of the notice of completion for the aflplieatioR, and the date ef the notice of application. (c) The street address of the subject property or, if this is not available, a description of the location of the property in non-legal language. Except for notice published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property. (d) A brief description of the requested decision, including a citation to the provision of this chapter governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.440. To the extent known by the city, the notice shall include any other permits which are not included in the application. (e) The date, time, and place of the public hearing. (f) A statement of the availability of the official file. (g) A statement of the right of any person to submit written or oral comments to the hearing examiner regarding the application. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation. (2) Distribution. The director of commuflity development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (a) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) A copy will be published in the newspaper of general circulation in the city. (c) A copy will be posted on each of the official notification boards of the city. (3) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department of comml:lnity development serviees at least 10 calendar days before the public hearing. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of comml:lnity developmeRt serviees may require the placement of additional public Ord. No. , Page 48 notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter. (1) Timing. The public notification sign or signs must be ia place at least 10 calendar days before the pl:lblic hearing and removed withia sevea calendar days after the final decision of the eity en the matter. (Ord. No. 97-291, 9 3, 4-1-97; Ord. No. 99-337,92,3-2-99) SECTION 114. Chapter 22, Article VIII, Section 22-482, of the Federal Way City Code shall be amended to read as follows: 22-482 Staff report. (a) Contents. The director of commanity develeflmeat serviees shall prepare a staff report containing the following information: (1) All pertinent application materials. (2) All comments regarding the matter received by the department of cemnmaity de'/eleflmeRt serviees prior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director ef eommunity aeveloflment services and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of cemmuRity aevelopment serviees shall distribute the staff report to the following people: the hearing examiner. the applicant or appellant. and to any person who specifically requested it. as follows: (1) .I", eopy will be seRt to the heariag examiaer. (2) .'\ copy will be seRt te the applicant. (3) fl, copy will be seat to each flersoR '.vho has specifically requested it. (Ord. No. 97-291, 9 3,4- 1-97) SECTION 115. Chapter 22, Article VIII, Section 22-483, of the Federal Way City Code shall be amended to read as follows: 22-483 Open record hearing. (aD Generally. Geaeral. The hearing examiner shall hold an open record hearing on each application that is open to the public. The hearing examiner shall make a complete electronic sound recording of each public hearing. (b) Open to public. The heariags of the heariag eKafRiner are open to the paalic. (2) Participation. Anv person mav participate in the hearing under this process in either or both of the following wavs: (a) By submitting written comments to the hearing examiner. either bv delivering these comments to the department prior to the hearing or by giving these directlv to the hearing examiner at the hearing. (b) By appearing in person. or through a representative. at the hearing and making oral comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (3) Continuation. The hearing examiner mav continue the hearing if. for any reason. he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If. during the hearing. the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room. no further notice of that hearing need be given. Ord. No. , Page 49 (e1) Effect. The hearing of the hearing examiner is the hearing for city council on the application. (Ord. No. 97-291, 9 3,4-1-97) SECTION 116. Chapter 22, Article VIII, Section 22-484, of the Federal Way City Code is hereby repealed as follows: 22 484 Eleetronie soaRd reeordiRg. The hearing examiRer shall make a eemplete eleetronie sound recording of each publie hearing. (Ord. Ne. 97 291, ~ 3, 1 1 97) SECTION 117. Chapter 22, Article VIII, Section 22-485, of the Federal Way City Code shall be amended to read as follows: 22-485 Burden of proof. The applicant has the responsibility of eeR-viaeiag persuading the eity hearing examiner ~ preponderance of the evidence that, under the provision of this article, the applicant is entitled to the requested decision. The hearing examiner shall give great deference to the agencv's inteIl'retation of its own properly promulgated regulations or matters within its expertise. The hearing examiner mav take notice of: (1 ) Anv judicially cognizable facts~ (2) Technical or scientific facts within the agency's specialized knowledge~ and (3) Codes or standards that have been adopted by an agencv of the United States. of this state or of another state. or by a nationally recognized organization or association. (Ord. No. 97-291, 9 3,4-1-97) SECTION 118. Chapter 22, Article VIII, Section 22-486, of the Federal Way City Code is hereby repealed as follows: 22 486 Pablie eomments and paFtieipation at the heariag. '^1R-Y persea may partieipate in the pl:lblic hearing ia either or Both of the following 'Nays: (1) By submitting wi"ittea comments to the hearing examiner, either by aelivering these eommeRts to the department ef community development serviees prier to the hearing or by giving these directly to the heariag examiner at the hearing. (2) By appeariag ia person, or through a represeatatiye, at the hearing and makiRg eral eomments directly to the hearing examiner. The hearing eKamiRer may reasenably limit the eKteat ef oFal eOmnleRts to facilitate the orderly and timely conduct ofthe hearing. (Ord. No. 97 291, ~ 3, 1 1 97) SECTION 119. Chapter 22, Article VIII, Section 22-487, of the Federal Way City Code is hereby repealed as follows: 22 487 CORtiRuatioR of the heariRg. The heariag eJ(aminer may eoRtiBue the hearing if, for an-y reason, he or she is uaable to hear all of the pl:lblic eommeats on the matter or if the heariag examiRer determiaes that he er she Reeds more inf{)rmation oa the matter. If, during the hearing, the hearing eK-aminer announces the time and plaee of the next hearing on the matter and a aotice thereef is posted oa the door of the hearing room, no further notice of that heariag Reed be given. (Ord. No. 97 291, ~ 3, 1 1 97) Ord. No. , Page 50 SECTION 120. Chapter 22, Article VIII, Section 22-488, of the Federal Way City Code shall be amended to read as follows: 22-488 Recommendation by the hearing examiner. (aD Generally. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written recommendation to the city council. (92) Timing. Unless a longer period is agreed to by the applicant, the hearing examiner must issue the recommendation within 10 working days after the close of the public hearing. (eJ) Decisional criteria. The hearing examiner shall use the following criteria for quasi-judicial rezones: (+~) The city may approve an application for a quasi-judicial nonproject rezone only if it finds that: ~ The proposed rezone is in the best interest of the residents of the city; and (li}lr. The proposed rezone is appropriate because either: (A}h Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or ~ The rezone will correct a zone classification or zone boundary that was inappropriate when established; (iii~ It is consistent with the comprehensive plan; fu}Eh It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; and {y}e-: It is consistent with the public health, safety, and welfare. (~Q) The city may approve an application for a quasi-judicial project related rezone only if it fmds that: (i)a-: The criteria in subsection (eJ)(+~) of this section are met; and (li}lr. The proposed project complies with this chapter in all respects; and (iii)&;. The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property; and fu}Eh The site plan is designed to minimize impacts upon the public services and utilities; and (y}e-: The rezone has merit and value for the community as a whole. (61) Conditions and restrictions. The hearing examiner shall include in the written recommendation any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the requested rezone. (e~) Contents. The hearing examiner shall include the following in the written recommendation to city council: (+~) A statement of facts presented to the hearing examiner that supports his or her recommendation, including any conditions and restrictions that are recommended. (;?'l!) A statement of the hearing examiner's conclusions based on those facts. (~) A statement of the criteria used by the hearing examiner in making the recommendation. (44) The date of issuance of the recommendation. (fQ) Distribution of written recommendation. The director of community development serviees shall distribute copies of the recommendation of the hearing examiner as follows: (+~) After the hearing examiner's written recommendation is issued, a copy will be sent to the applicant, to each person who submitted written or oral testimony to the hearing examiner, and to each person who specifically requested it. (~Q) Prior to the meeting where city council considers the application, a copy will be sent to each member of city council. The director of comml:lRity developmeRt serviees shall include a draft resolution or ordinance that embodies the hearing examiner's recommendation with the copy of the recommendation Ord. No. , Page 51 sent to each city council member. (Ord. No. 97-291, 9 3,4-1-97; Ord. No. 99-337, 92,3-2-99; Ord. No. 02-424, ~ 3, 9-17-02) SECTION 121. Chapter 22, Article VIII, Section 22-489, of the Federal Way City Code shall be amended to read as follows: 22-489 City council action. (aD Generally. The city council shall consider the application at a scheduled meeting within 90 calendar days of the date of issuance of the hearing examiner's recommendation. This time period may be extended upon written agreement of the director of eommanity de'/elopmeRt serviees and the applicant. Calculation of this time period shall not include any time necessary for a reopening of the hearing before the hearing examiner under subsection (c) of this section. (a~) Supplemental distribution. The director of commuaity aevelopmeRt serviees shall promptly send to each city council member any etkef relevant information not previously distributed to council members. (el) Scope of review. The city council review of the rezone application shall be limited to: WlThe record of the hearing before the hearing examiner; (Q) Oral comments received during the public meeting (so leag as these eommeRts that do not raise new issues or introduce information not contained in the examiner's record~, aREl ~ The hearing examiner's written report;-: (d) Evidence within the scope of the appeal that was not presented to or considered by the hearing examiner. but onlv if: i. At the time ofthe hearing examiner's decision the party offering the evidence did not know of the evidence. was under no duty to discover the evidence. and could not have reasonably discovered the evidence~ or ii. The hearing examiner improperly excluded or omitted the evidence from the record. These materials shall ee Fe'/iewed f-or compliance with re'/iCl\Y eriteria set forth in FWCC 20 125. +he city eouacil may also receive and review Rew e'/ideaee or iafermatioa net eoRtained iR the reeor.a of hearing bef-ore the heariag examiRer, but only if that w/idenee or informatioa: (1) relates to the validity of the heariRg ~iRer's decisi0n at the time it vias maae ana the party efferiRg the Rew eyiaenee aia ROt kRO'N and was Hflder RO d1:lty to diseover or could Rot reasoaably hW/e discevered the evideRee 1:lRtil after the hearing eJffifRiaer's decision; or (2) the heariRg examiRer improperly exeluded or omitted the evideaee from the record. (4) Remand. If the city council concludes, based upon a challenge to the hearing examiner recommendation or upon its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or inadequate to allow the city council to make a decision on the application, the city council may~ by motion~ remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. (62.) City council decision. After consideration of the entire matter using the criteria listed in FWCC 22-488. and upon approval by a maiority of the total membership. the city council shall, by aetioa approved by a majority ofthe total membership, take one ofthe following actions: (+!!) Project-related rezone. The city council has the option to: ai. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting a resolution of intent to rezone. all. Deny the application. The city council shall give effect to this decision a aeaial by adopting a resolution pl:lfsuant to sl:lbseetion (g) of this seetion. (~Q) Nonproject rezone. The city council has the option to: ai. Approve the application, or modify and approve the application. In either case, it shall give effect to this decision by adopting an ordinance amending the zoning map of the city. Ord. No. , Page 52 eli. Deny the application. The city council shall give effect to this decision a denial by adopting a resolution pursuaRt to subsection (g) of this section. (e) Decisional criteria. The city council shall use the criteria listed ia FWCC 22 188( c ). (f~) Conditions and restrictions. The city council shall include in the ordinance or resolution granting the rezone any conditions and restrictions it determines are necessary to eliminate or minimize any undesirable effects of granting the rezone. Any conditions and restrictions that are imposed become part of the decision. (gg) Findings of fact and conclusions. The city council shall include in the ordinance or resolution: 1. fB A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and ii. ~ The city council's conclusions based on those facts. (~) Effect. The decision of city council on an aflplicatioa for either a Roa prajeet or pr-ojeet related rezone is the final decision of the city. (Ord. No. 97-291, 9 3, 4-1-97) SECTION 122. Chapter 22, Article VIII, Section 22-490, of the Federal Way City Code shall be amended to read as follows: 22-490 Notice of final decision. (a) General. Following the final decision by the city council, the director of eomHlURity de'/elepmeBt services shall prepare a notice of the city's final decision on the application. (b) Distribution. After the city council's decision is made, the director of eomHlUnity developmeRt serviees shall distribute a copy of the notice ofthe final decision as follows: (1) A copy will be mailed to the applicant. (2) A copy will be mailed to any person who submitted written or oral comments to the hearing examiner. (3) A copy will be mailed to each person who has specifically requested it. (4) A copy will be mailed to the King County assessor. (Ord.No. 97-291, 9 3,4-1-97) SECTION 123. Chapter 22, Article VIII, Section 22-491, of the Federal Way City Code shall be amended to read as follows: 22-491 Effect of city council approval of project-related rezone. (a) Effect on the applicant. The applicant may, subject to all applicable codes and ordinances, develop the subject property in conformity with the resolution of intent to rezone and the site plan approved as part of that resolution. (b) Effect on the city. If the applicant completes development of the subject property in conformity with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the rezone by adopting an ordinance that makes the zone boundary or classification change to the zoning map approved in the resolution of intent to rezone. (c) Activity after notice. The applicant may not engage in any activity based on the decision until the third working day after the notice of the final decision is distributed under FWCC 22-490. (d) Nonproject rezone. If the eity couaeil appro'/es a quasi judicial aORflrojeet rezeRe it will give effeet to this deeision by adopting aa oFdiaance amendiag the zoning map eftke eity. (Ord. No. 97-291,9 3, 4-1-97) SECTION 124. Chapter 22, Article VIII, Section 22-492, of the Federal Way City Code shall be amended to read as follows: Ord. No. , Page 53 22-492 Modifications. (a) Minor modifications. Subsequent to the adoption of the resolution of intent to rezone, the applicant may apply for a minor modification to the site plan approved as part of that resolution. The city will use process III described in FWCc 22 386 throl:lgh 22 111 to review and decide upon an application for a minor modification. The city may approve a minor modification only if it finds that: (1) The change will not result in reducing the landscaped area, buffer areas, or the amount of open space on the project; (2) The change will not result in increasing the residential density or gross floor area of the project; (3) The change will not result in any structure, or vehicular circulation or parking area being moved more than 10 feet in any direction and will not reduce any required yard; (4) The change will not result in any increase in height of any structure; (5) The change will not result in a change in the location of any access point to the project; and (6) The change will not increase any adverse impacts or undesirable effects of the project and that the change in no way significantly alters the project. (Ord. No. 97-291,93,4-1-97) SECTION 125. Chapter 22, Article VIII, Section 22-493, of the Federal Way City Code shall be amended to read as follows: 22-493 Major modifications. If the applicant seeks a modification to the approved site plan that does not meet all of the requirements of this section, the applicant may do so by submitting the application material required for a new quasi-judicial project-related rezone. The city will process and decide upon this application as if it were an application for a new quasi-judicial project-related rezone. (Ord. No. 97-291,93,4-1-97) SECTION 126. Chapter 22, Article VIII, Section 22-494, of the Federal Way City Code shall be amended to read as follows: 22-494 Judicial review. The final decision aetieR of the city in granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition shall be filed within 21 calendar days of the issuance ofthe final land use decision of the city. (Ord. No. 97-291,9 3,4-1-97) SECTION 127. Chapter 22~ Article VIII, Section 22-495, of the Federal Way City Code is hereby repealed as follows: 22 493 Lapse of appF{)Val. The applieaRt ml:lst begin constrl:letion, or submit to the city a complete builaing permit aflfllieatioa f<Jr the development aetiyity, use oflaad, or other aetioRs appro>/ed ullder this artiele withia one year after the final deeisioa oa the matter, er the deeisiea becomes void, flrovided the eity eouncilmay, ia the resoll:ltion of iR:teBt to rezone, extend the time limits eoRtaiaed herein. The aflplieant must sabstant:ially complete constrl:letioa f-or the deyelopment activity, use of land, or other aetions appreyea under this article and complete the aflplicable eonditions listed ia the decision within five years after the fiRal decisioa of the city oa the matter, or the deeision becomes yoid. If litigation is iaitiated pm-SHan! to this artiele, the time limits of th:is section are automatieaUy exteaaed by the length of time between the eommeneemeRt and fiaal term illation of that litigation. If the developmeRt aeti'lity, ase of land, or ether Ord. No. , Page 54 action appro'/ed under this article ineludes phased constructioa, the time limits of this subsectioa may be extended in the decision on the applicatioa. (Ord. No. 97 291, S 3, 1 I 97) SECTION 128. Chapter 22, Article VIII, Section 22-496, of the Federal Way City Code is hereby repealed as follows: 22 49CJ Time extensioR. (a) '^1pplieation. Prior to the laflse of approval f{)r a project related rezone under FWcC 22 195, the applieant may submit a writtea applieation in the form ef a letter "'lith supporting documentation to the departmeRt of commuRity develepmeRt serviees reqHesting a one time extension ef those time limits ef up to one year. (b) Criteria. The request must demenstrate that the atlplieant is making substantial progress ea the de'/elepmeRt aetivity, l:lse of land, er ether aetioBs appreved under this artiele aRd that eireumstaaees beyond the applieant's eofttrol pre'/ent comfllianee with the time limits efFWCC 22 195. (e) Fee. The applieant shall inelude, ',vit-h the letter efreqHest, the fee as esmalished by the eity. The applieatioa will Ret be aceepted anless it is aeeolBf)anied by the required fee. (d) R-e'liew proeess. f1R aflplicatioR fer a time eJ(teBsiea will be reviev:ea aad deeided upea by the direeter of eommHflity develepmeRt serviees. (e) ,\ppeals. ,\a)' person who is aggrieved hy the grantiag er denyiag of a fe(;).uest for a time extensien uader this sectioR may appeal that deeisieR. The atlpellant must file a letter of aflpeal indieatiag how the Gee is ion on the time extension effeets the aflpellant's preperty and flreseRtiag aay rele'/ant material er informatioa sl:lpporting the aflpellant's eentention. The aflfleal will be heard and Geeided HfleR USiRg process IV, deseribed ia FWCC 22 176 et se(;).. Aay time limit, pursuant to Chapter 36.79B R-CW, HflOR the city's proeessing and deeisiea upoa applicatioRs under this artiele may, eKeept as at8erwise speeifieally stated in this ehapter, be modified by a ';/ritten agreemeRt bet\veea the applieant aad the direetor of eomml:lRity developmeRt serviees. (Ora. No.97 291, ~ 3, 1 1 97) SECTION 129. Chapter 22, Article VIII, Section 22-497, of the Federal Way City Code is hereby repealed as follows: 22 497 Bonds. The eity may re(;).uire a bORa l:lnder FWCC 22 116 et se(;).. te ensure eompliaaee with any aspeet efthe permit or appro'/al. (Ord. No. 97 291, ~ 3, 1 1 97) SECTION 130. Chapter 22, Article VIII, Section 22-498, of the Federal Way City Code is hereby repealed as follows: 22 ~98 Complete eomplianee requirea. (a) Geaeral. EKeept as specified in subseetion (b) of this seetion, the applieant must comply with all aspeets, iacluding conditions and r-estrietioas, of an approval granted l:lmler this article in Clrder tCl do e'/erything authorized by that approval. (b) Exeeption Sl:lbsequeat modifieatioa. If a speeific l:lse er site plan for the subjeet property was approved uader this article, or any quasi jl:ldicial proeess Hflder a pre'/ious zoning eode, the aflplicant is not required to apply for and ebtain atlproval through this artiele for a subse(;).l:leRt ehange in a use or site plan anless: (1) There is a change in use aad this chapter esmalishes different or more rigoreus standards fer the new l:lse than f-or the existing use; er Ord. No. , Page 55 (2) The director of eommuaity de'/elopmeat services determiRes that there v.ill be sl:lbstantial eaaages ia the impaets on the Reighborhood or the city as a resl:llt of the change. (Ord. No. 97 291, ~ 3, 1 -l-9-+1 SECTION 131. Chapter 22, Article IX, Section 22-516, of the Federal Way City Code shall be amended to read as follows: 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the te}(t of this eaapter development regulations, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337,92,3-2-99; Ord. No. 02-426,93, 10-15-02) SECTION 132. Chapter 22, Article IX, Section 22-517, of the Federal Way City Code shall be amended to read as follows: 22-517 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by the city council~ ef ~ council committee, or reqHested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies. (Ord. No. 99-337, 9 2, 3-2-99; Ord. No. 02-426,93, 10-15-02) SECTION 133. Chapter 22, Article IX, Section 22-518, of the Federal Way City Code shall be amended to read as follows: 22-518 Docket. The department of eommuaity deyelopmeRt serviees shall maintain a docket of all proposals to amend changes to the comprehensive plan or development regulations and proposed submitted by any interested persons.:. (incll:ldiRg developmeRt aflplicants, eitizeas, hearing examiaers, and/or other ageaeies and staff). (Ord. No. 99-337,92,3-2-99; Ord. No. 02-426, 9 3, 10-15-02) SECTION 134. Chapter 22, Article IX, Section 22-519, of the Federal Way City Code shall be amended to read as follows: 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of eommunity deyelopmeat serviees shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, 9 2, 3-2-99; Ord. No. 02-426, 9 3, 10-15-02) SECTION 135. Chapter 22, Article IX, Section 22-520, of the Federal Way City Code shall be amended to read as follows: 22-520 City council review. Ord. No. , Page 56 Will Docketed amendment requests proposals. The city council shall review all requests docketed proposals with the department of comml:lnity developmeat serviees concurrently, on an annual basis and consistent with RCW 36.70A.l30(2). As part of such annual review, the council shall review all requests docketed proposals received prior to September 30th of the calendar year. Requests Docketed proposals submitted after September 30th shall be considered during the following annual review. ~ Other amendments. The city couacil shall re':iew city-initiated chaages to the text amendments of the comprehensive plan shall be reviewed concurrently with docketed afRenameRt re(;).uests proposals. The city council may also review or amend the comprehensive plan: whenever an emergeBcy exists, to resolve an appeal 0f the comprehensive plan or amendmeats therete, or in other eireumstanees as provided for by RCW 36.79,A~.130(2)(a). (a) If an emergencv exists. which is defined as an issue of community-wide significance that promotes the public health. safety. and general welfare~ (b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court~ (c) To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58 RCW~ (d) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea: (e) The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city budget. The city council will hold the public hearing on this matter rather than the planning commission~ and (t) In other circumstances as provided for by RCW 36.70A.130(2)(a). The city council may alse review city-initiated changes to the text ef this chapter development regulations or to the city's zoning map from time to time concurrentlv with the docketed proposals or at the council's discretion. te1ill Additional information. The city council may request, through the city manager, that the department of community devele~fRent services or any other department of the city provide any information or material on the ~ proposal(s), consistent with FWCC 22-531. (Ord. No. 99-337, ~ 2,3-2- 99; Ord. No. 02-426, 9 3, 10-15-02) SECTION 136. Chapter 22, Article IX, Section 22-521, of the Federal Way City Code shall be amended to read as follows: 22-521 Timing of filing - Notice. Sixty days prior to September 30th in each calendar year, the city shall notify all persons who submitted docket forms after September 30th of the previous calendar year. Notice shall also be given as follows: (1) Public notice notifying the public that the amendment process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgment of the director of commuRity de':elopmeRt serviees may be directly affected by changes to the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who may be affected by changes to the comprehensive plan or development regulations, the director may rely on written correspondence indicating an interest and received after September 30th of the previous year. (Ord. No. 99-337, 9 2, 3-2-99; Ord. No. 02-426, 9 3, 10-15-02) Ord. No. , Page 57 SECTION 137. Chapter 22, Article IX, Section 22-522, of the Federal Way City Code shall be amended to read as follows: 22-522 Application. (a) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request amendments to changes to the text ef the comprehensive plan or development regulations eodified in this chapter. (b) How to apply. An applicant must complete an application form prepared by the city. An applicant seeking a change in comprehensive plan designation and zoning for a specific parcel shall also file the information specified in FWCC 22 178 32.5 with the department of eammanity developmeRt services. (c) The director of eORlml:lnity development serviees shall have the authority to waive. any of the requirements of this section, if in the director's discretion, such information is not relevant or would not be useful to consideration of the proposed amendment. (d) Fee. There is no fee for this initial application. After the prioritization process, applications to be considered during the amendment process shall submit the fee established by the city. (Ord. No. 99-337, 9 2, 3-2-99; Ord. No. 02-426, ~ 3, 10-15-02) SECTION 138. Chapter 22, Article IX, Section 22-523, of the Federal Way City Code shall be amended to read as follows: 22-523 Criteria fer prioritiziag plaR refJaests Prloritizin!!: docketed proposals. (a) After September 30th but prior to adopting any docketed proposals ameadmeRt requests, the city council shall hold a public hearing and select those docketed proposals requests it wishes to further consider for adoption and for staff to research further. (b) The city council shall consider the following criteria following a public hearing in selecting the docketed proposals eompreheasive plan ameadmeRts ar deyelopmeRt regalatiofls to be considered during the upcoming cycle: (1) Whether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (c) If the request meets the criteria set forth in subsections (b)(l) through (b)(4) ofthis section, it shall be further evaluated according to the following criteria: (1) Whether the proposed amendment can be incorporated into planned or active projects. (2) Amount of analysis necessary to reach a recommendation on the request. If a large scale study is required, a request may have to be delayed until the following year due to work loads, staffing levels, etc. (3) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (4) Order of requests received. (d) Based on its review of the docketed proposals reql:lests according to the criteria in subsections (b) and (c) of this section, the council shall determine which docketed proposals requests shall be further considered for adoption, and shall forward those requests to the planning commission for its review and recommendation. Ord. No. , Page 58 (e) The council's decision to consider a docketed proposal proposed amendment shall not constitute a decision or recommendation that the proposal proposed amendment should be adopted nor does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, S 2,3-2- 99; Ord. No. 02-426, 9 3, 10-15-02) SECTION 139. Chapter 22, Article IX, Section 22-528, of the Federal Way City Code shall be amended to read as follows: 22-528 ZOOiRg text Development re!!:ulation amendment crlterla. The city may amend the text of this ehaflter development regulations only if it finds that: (1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337, 92,3-2-99; Ord. No. 02-426, 9 3, 10-15-02) SECTION 140. Chapter 22, Article IX, Section 22-531, of the Federal Way City Code shall be amended to read as follows: 22-531 Official file. (a) Contents. The director ef eomm1:lnity de'/elopment serviees shall compile an official file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 99-337, 9 2, 3-2-99; Ord. No. 02-426, ~ 3, 10-15-02) SECTION 141 Chapter 22, Article IX, Section 22-532, of the Federal Way City Code shall be amended to read as follows: 22-532 Notice. Notice provisions under this section shall be followed for both the public hearing during which all docketed proposals reqHests for ehaages to the compreheasi'/e plan mafl designation, zoniag mafl, te~d of the comprehensi'/e plan, and text of the developmeRt regl:llations are prioritized by the city council, as well as the public hearing held by the planning commission. (1) Contents. The director of community development serviees shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. b. A statement of how the proposal would change the affected provision. c. A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal. d. The date, time, and place ofthe public hearing. e. A statement of the availability of the official file. f. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give comments orally. (2) Distribution. The director of community de'/elopmeRt serviees shall distribute this notice at least 14 calendar days before the public hearing following the procedures of FWCC 22-521. In addition, Ord. No. , Page 59 the procedures of FWCC 22-481 shall be followed for site-specific requests regarding notification of adjacent property owners posting ofthe site. (Ord. No. 99-337,92,3-2-99; Ord. No. 02-426,93,10-15-02) SECTION 142. Chapter 22, Article IX, Section 22-533, of the Federal Way City Code shall be amended to read as follows: 22-533 Staff report. (a) General. The director of eommanity developmeRt services shall prepare a staff report containing: (1) An analysis of the proposal and a recommendation on the proposal; and (2) Any other information the director of eommuaity developmeRt serviees determines is necessary for consideration of the proposal, consistent with FWCC 22-526, 22-528, 22-529, and 22-530. For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (b) Distribution. The director of eommuBity developm0Rt serviees shall distribute the staff report as follows: (1) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it. (Ord. No. 99-337, 92,3-2-99; Ord. No. 02-426, ~ 3, 10-15-02) SECTION 143. Chapter 22, Article IX, Section 22-534, of the Federal Way City Code shall be amended to read as follows: 22-534 Public hearing. (a) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWCC 22-535, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this article shall not be required. (b) Open to public. The hearings ofthe planning commission are open to the public. (c) Pursuant to FWCC 22-1674, when a development agreement and plan have been prepared, the city council shall hold a public hearing. (d) Effect. Except as provided in subsections (a) and (c) of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal. (Ord. No. 99-337, 9 2, 3-2-99; Ord. No. 02-426, 9 3, 10-15-02) SECTION 144. Chapter 22, Article IX, Section 22-535, of the Federal Way City Code shall be amended to read as follows: 22-535 Materlal to be considered. (a) Generally. Except as specified in subsections (b), (c), and (d) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsections (c) and (d) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) In the case of development agreements, the director of community development services may require the applicant to submit any additional information or material that is reasonably necessary for a decision on the matter, including a site development plan associated with a site-specific request. (d) Exception for environment information. If a proposal that will be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEP A environmental review Ord. No. , Page 60 and submitted under FWCC 22-519 in deciding upon that proposal. (Ord. No. 99-337, ~ 2, 3-2-99; Ord. No. 02-426, 9 3, 10-15-02) SECTION 145. Chapter 22, Article IX, Section 22-537, of the Federal Way City Code shall be amended to read as follows: 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (I) By submitting written comments to the planning commission either by delivering these comments to the department of comRHiaity development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337,92,3-2-99; Ord. No. 02-426, 9 3, 10-15-02) SECTION 146. Chapter 22, Article IX, Section 22-539, of the Federal Way City Code shall be amended to read as follows: 22-539 Planning commission - Recommendation. (a) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWCC 22-526, 22-528, 22-529, 22-530, and 22-488(c), and take one of the following actions: (1) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal. (2) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal. (3) If the planning commission is unable to take either of the actions specified in subsection (a)(1) or (a)(2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. (b) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the modified proposal as modified prior to recommending the proposal to city council for action. A proposal is not fundamentally modified if: (1) An environmental impact statement has been prepared under chapter 43.21C RCW for the proposal and the proposed change is within the range of alternatives considered in the environmental impact statement~ (2) The proposed change is within the scope of the alternatives available for public comment; or (3) The proposed change only corrects typographical errors. corrects cross-references. makes address or name changes. or clarifies language of a proposal without changing its effect. (Ord. No. 99- 337,92,3-2-99; Ord. No. 02-426, 9 3, 10-15-02) SECTION 147. Chapter 22, Article IX, Section 22-540, of the Federal Way City Code shall be amended to read as follows: 22-540 Planning commission - Report to city council. Ord. No. , Page 61 (a) Generally. The director of community development services shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal. (b) Transmittal to city council. The director of community development services shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of eommHflity de'/elopment services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337,92,3-2-99; Ord. No. 02-426, 93, 10-15-02) SECTION 148. Chapter 22, Article IX, Section 22-541, of the Federal Way City Code shall be amended to read as follows: 22-541 City council action. (a) General. Within 6() 90 days of receipt of the planning commission report by the city manager, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney; appropriate to enaet er adopt the preposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: (1) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance. Ifthe council chooses to modify an amendment to the comprehensive plan or a development regulation. and the change is proposed after the opportunity for review and comment has passed. an opportunity for review and comment on the proposed change shall be provided before council on the proposed change unless: (i) An environmental impact statement has been prepared for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement (ii) The proposed change is within the scope ofthe alternatives available for public comment~ (iii) The proposed change only corrects typographical errors. corrects cross-references. makes address or name changes. or clarifies language of a proposed ordinance or resolution without changing its effect~ (iv) The proposed change is to a resolution or ordinance making a capital budget decision that is consistent with the comprehensive plan~ or (v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control and the council schedules a public hearing on the adopted moratorium or interim control within at least 60 davs of its adoption. and the council adopts findings of fact before or immediately after this public hearing. (3) Disapprove the proposal by resolution; or (4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (5) If the city council determines that a development agreement sfta.ll should be prepared for a site-specific request, the city council shall recommend further analysis based on ,A.rtiele .\, Chapter 22, Article XXI [Chapter 19.85 FWRCl Development Agreements. (Ord. No. 99-337, 92,3-2-99; Ord. No. 02-426,93, 10-15-02) Ord. No. , Page 62 SECTION 149. Chapter 22, Article IX, Section 22-543, of the Federal Way City Code shall be amended to read as follows: 22-543 Appeals. The action of the city in granting, modifying or denying an amendment to a development regulation this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, 9 2,3-2-99; Ord. No. 02-426,93, 10-15-02) SECTION 150. Chapter 22, Article X, Section 22-548, of the Federal Way City Code shall be amended to read as follows: 22-548 Process for deciding upon proposal. (aD An application for a Class I temporary use shall be reviewed by the director of 6€lHlHHlaity dW/elepHleRt serviees, under process I using FWCC 22-550, who shall issue a written determination approving, conditionally approving or denying the temporary use permit within 10 days after the date of application~ provided that the director may require an application to be decided under process III using FWCC 22-550 when it is determined that the degree and scope of potential impacts of the proposal warrant such review. (&2) An application for a Class II temporary use shall be reviewed and decided upon using FWCC 22- 550, and process III, deserHled ia FWCC 22 386 et se(;).. (Ord. No. 90-43, 9 2(127.10),2-27-90; Ord. No. 94-209,93,3-15-94) SECTION 151. Chapter 22, Article X, Section 22-549, of the Federal Way City Code shall be amended to read as follows: 22-549 Application information. fa) All applications for a temporary use permit shall be submitted prior to the requested date of commencement of the temporary use and shall include: (1) A completed application on the form provided by the department of community development services, along with all information listed in that form; and (2) An irrevocable, signed and notarized statement, by the property owner of record, granting the city permission to summarily abate the temporary use and all physical evidence of that use if it is not removed within the period specified in the permit, and agreeing to reimburse the city for any expenses incurred by the city in abating the temporary use. If the permit is granted, this statement shall be recorded with King County at the expense of the applicant and will run with the property throughout the term of the permit, and shall be vacated at the termination of the use, as determined in the city's sole discretion. (&.3.) Class I temporary use applications shall also inelude sl:leh Such information necessary for the director of community development services to evaluate the use pursuant to FWCC 22-550, Criteria for issuance; and, if determined applicable pursuaRt to FWcC 22 517(a), shall iaelude application materials required in FWCc 22 386 et seq., Process III. (e1) If the application is subject to a land use process. it shall include the appropriate materials for that process. See FWCC 22-32.5. Class II temporary use applications shall iRell:lde all of the f-oregoiRg inf-ormation as well as the aflplieation materials required ia FWcC 22 386 et seq., Proeess III. (Ord. No. 90-43,92(127.15),2-27-90; Ord. No. 94-209, 9 3, 3-15-94) Ord. No. , Page 63 SECTION 152. Chapter 22, Article XIII, Section 22-1047, of the Federal Way City Code shall be amended to read as follows: 22-1047 Exceptions. The following are eJ(eepted from modifications applv to the height limitations of this chapter: (1) Unless otherwise provided in subsections (2) and 0) of this section: (a) Rooftop appurtenances may exceed the applicable height limitation by a maximum of four feet. if the area of all appurtenances and screening does not exceed 10 percent of the total area of the building footprint. These appurtenances must be located in such a way as to minimize view blockage. (b) Appurtenances that do not meet the standards of subsection (1 )( a) of this section mav be permitted using process I if the director determines that. based on accurate graphic representations provided bv the applicant. views from adjacent properties will not be significantlv affected. (c) Any appurtenance. other than chimneys and antennas. must be screened from all streets and nearby properties. See FWCC 22-960. (-1-2) 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 I. The eity will aflprove the aflplieatioa if: illh Views across the subject property are not substantially impaired; and ~ The antenna must be placed above the roofline in order to function properly. (2) Ex.eept as speeified in saaseetions (1) and (2) of this seetion: (a}. Reoftop appurteaanees may exeeed the aJ'lplieable height limitatioa by a maKimum of f-our feet, if the area of all appurteaaRees and screeniRg does Ret 8*eeed 1 Q per'lileat of the tetal 8:fea ef the building footpriat. These applifteRaRCeS must be leeated in SHeh a '.vay as to miaimize view bleek-age. (b}. Appurtenances that de not meet the standards €If saaseetioR (2)(a) of this seetioR may be permitted if the direetor ef eommunit)' de'lelopment determines that, based on aeeamte graphio represeRtations provided by the applieant, views from adjaeeRt properties will ROt be sigaifieantly affeeted. (o}. Any appurteRanee, other than chimReys and aR:teBRas, must be sereeRea frem all streets and Reare)' properties. See F'NCC 22 969 for r-eql:liremeRts pertaiRing to reeftep sereeRiRg. (3) A radio tower and antenna structure for use by a noncommercial, licensed amateur operator may be approved through process III, if the city determines that: (a). The radio tower and antenna structure is placed to minimize its visibility from adjoining properties, while still permitting effective operation; (b). The radio tower and antenna structure does not extend higher than reasonably necessary to operate effectively; and (c). 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- 43,92(115.60(2)),2-27-90; Ord. No. 00-375, 9 20, 10-3-00) SECTION 153. Chapter 22, Article XIV, Section 22-1241, of the Federal Way City Code shall be amended to read as follows: Ord. No. , Page 64 22-1241 Administration. ill Except as otherwise established in this article. if a proposed development activity requires approval through process I. II. III. or IV, this article will be implemented and enforced as part of that process. the city's review ofan-y de'/elopment activity on the subjeet proflerty. If the deyelopmeRt activity reql:lires approyal through process I, II, III or IV, the provisions of this article will be implemented as part of these proeesses. (2) If subsection (1) of this section does not apply. any determination of the director of community development mav be appealed as provided for in process IV of Chapter 22 FWCC. Zoning. (Ord. No. 90- 43,92(80.30(1)),2-27-90; Ord. No. 91-105, g 4(80.30(1)), 8-20-91; Ord. No. 91-123,9 3(80.30(1)}, 12- 17-91; Ord. No. 04-468, 9 3, 11-16-04; Ord. No. 07-554, 9 5(Exh. A(10}}, 5-15-07) SECTION 154. Chapter 22, Article XIV, Section 22-1245, of the Federal Way City Code is hereby repealed as follows: 22 1245 .r~ppeals of determination made under artiele. .^illy determiaatioa made by the director ef eommHflity developmeBt uRder this artiele_may be appealed USiRg the proeedtires estaalished for aflpeals of iRterpretations Hflder FWCC 22 359. (Ord. Ne. 90 13, ~ 2(80.1(}), 227 9(); Ord. Ne. 91 105, ~ 1(89.1()), 8 29 91; Om. Ne. 91 123, ~ 3(80.1()), 12 1791; Ord. No. 01 468, ~ 3, 11 16 04; Ord. No. Q7 551, ~ 5(EKh. .^,,(1())), 5 15 Q7) SECTION 155. Chapter 22, Article XV, Section 22-1397, of the Federal Way City Code shall be amended to read as follows: 22-1397 Authorlty to grant. (al) If the proposed development or use of eF-eR the subject property requires approval through process I, II, III, or IV, any proposed modification will be considered as part of that process using the criteria of this division. (92) If subsection (aD of this section does not apply, the director of community development may require. grant. or deny grant or Fequire a modification in writing ander the provisieas of this seetioR. The decision of the director to reEttiire, grant Of deny a modifieatioR Hfldef this divisioa may be appealed as provided for in process IV of Chapter 22 FWCC. Zoning. USiRg the aflfleal flfOeed1:H"es of proeess III. (Ord. No. 90-43,9 2(105. 115(2)(a), (b)), 2-27-90; Ord. No. 97-291, 9 3, 4-1-97; Ord. No. 97-296, 9 3,6- 17-97; Ord. No. 07-554, 9 5(Exh. A(11 )), 5-15-07) SECTION 156. Chapter 22, Article XXI, Section 22-1669, of the Federal Way City Code shall be amended to read as follows: 22-1669 Development plan. Any development plan accompanying the development agreement shall be subject to process III including community design guidelines requirements. notiee re(;).l:liremeRts of FWCc 22 392 threugh R 391. The application shall not be determiRed to be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. The de'/elopmeBt plan shall also be reviewed pUfSl:lant to the commanity desiga guideliRes reEJuirements of FWCC 22 395 threugh 22 10ti except that aft Anv appeal of the hearing examiner's decision on the appeal of an administrati'/e a director's decision oa the commuaity desiga guideliRes shall be heard by the city council basea on the proeedures ofFWCC 22 1Hi through 22 <155 at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWCC 22-1674. (Ord. No. 02-426, S 3,10-15-02) Ord. No. , Page 65 SECTION 157. Chapter 22, Article XXI, Section 22-1674, of the Federal Way City Code shall be amended to read as follows: 22-1674 Public hearing and city council action. (a) Generally. The city council shall consider the application for approval of the development agreement and development plan in a public hearing. If there are any appeals ea--tke of a hearing examiner's decision of an appeal of a threshold determination~ or his or her deeisioa on an appeal of ~ community design guidelines decision, or an appeal of the heariag examiner's deeision oa a process N request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and development plan. (b) City council decision on appeals. In making a decision on the appeals, the council shall follow the procedures in process N. efFWCC 22-451 through 22 15522-454. (c) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and plan based on the decisional criteria listed in the provisioBs ofthis chapter describing the proposal. (d) City council action. After consideration of the entire matter, and upon approval by a majority of the total membership. the city council shall, by aetiea atlpro'/ea by a majority ef the total membership, take one of the following actions: (1) The city council has the option to: a. Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive plan designation and zoning based on the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pursuant to sl:lbsectiea (e) of this seetioa. c. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: 1. A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and 2. The city council's conclusions based on those facts. (e) Effect. The decision of city council on an application for change in comprehensive plan designation and zoning based on the approved development agreement and development plan is the [mal decision of the city. (Ord. No. 02-426, 93, 10-15-02) SECTION 158. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. SECTION 159. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one; changes made in this ordinance are intended to be in addition to any Ord. No. , Page 66 changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. SECTION 160. Corrections. The City Clerk and the codifiers 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 161. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 162. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,2008. day of CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, 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.: K:\2008 Code Amendments\Code Re-organization\Planning Commission\Processes update. doc Ord. No. , Page 67 EXHIBIT G NUISANCE CODE UPDATE FOR LAND USE ORDINANCE NO. AN ORDINANCE RELATING TO NUISANCES, ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 9, 10, 13, 15, AND 22 OF THE FEDERAL WAY CITY CODE. WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found redundant sections and language as well as unclear sections, inaccurate sections, and other sections that could be revised for better readability and workability; and nuisances regulations can be simplified and consolidated; WHEREAS, certain Code provisions need to be modified to coordinate with state and county law requirements in areas of nuisances; WHEREAS, regulations addressing general nuisances would make enforcement and regulation more consistent and effective; WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change numbering or formatting changes that occur pursuant to the reorganization of the Code and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to update its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents ofthe city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. A new article, Article I, shall be added to Chapter 10 of the Federal Way City Code, (FWRC Chapter 7.03 shall be added to FWRC Title 7) to be designated as General Public Nuisances and to read as follows: Ord. No. , Page 1 10-1 rFWRC 7.03.0101 Purpose and Intent. The purpose of this chapter (Title 1 is to provide for the protection of the health. safety. and (2:eneral welfare of the citizens of the City of Federal Way by proscribing those nuisances which affect the rights of the community. The presence of nuisances enumerated in this chapter requires an emphasis on measures to correct those conditions which are injurious to the public health. safety. and welfare. It is the intent of the City Council to establish efficient administrative procedures to enforce the regulations of the City. to provide a prompt process to address alleged violations. and to establish standards to be used by the City to abate public nuisances. The intended result of abating a public nuisance is to protect public health and property values bv reducing noxious weeds. providing for safer pedestrian and automobile traffic flow. reducing impacts to the environment by preventing the indiscriminate storage of inoperable vehicles. and protecting the health. safety. and general welfare of the citizens. Unkempt. unsafe. unsanitary and otherwise improperlv maintained premises and structures. sidewalks and easements within the City create obvious hazards. Also. these conditions adversely affect the value. utility and habitability of property within the City as a whole and specifically cause substantial damage to adjoining and nearby property. The economic well-being of the City is materially and adversely affected by nuisances. This chapter conveys to the City administration all necessary and proper powers to abate nuisances as they are described or found to exist and to charge the costs of their abatement to those responsible. the owners and occupants of the property upon which nuisances exists. and those properties themselves. This chapter is an exercise of the City's police power. and it shall be liberally construed to effect this purpose. 10-2 rFWRC 7.03.0201 Definitions. The definitions in this section ap\>ly throughout this chapter unless the context clearly requires otherwise. Terms not defined here are defined according to FWCC 1-2. Abandoned means anv property. real or personal. which is unattended and either open or unsecured so that admittance may be gained without damaging any portion of the property. or which evidences indicia that no person is presently in possession. e.g.. disconnected utilities. accumulated debris. uncleanness. disrepair and. in the case of chattels. location. Length of time or any particular state of mind of the owner or person entitled to possession are not conclusive in determining that property is abandoned. Attractive nuisance means the circumstance or condition which may reasonablv be expected to attract young children and which constitutes a danger to such children. Attractive nuisances include but are not limited to unused or abandoned refrigerators. freezers. or other large appliances or equipment or any parts thereof~ abandoned motor vehicles~ any structurallv unsound or unsafe fence or edifice~ any unsecured or abandoned excavation. pit. well. cistern. storage tank. or shaft~ and any lumber. trash. debris. or vegetation that mav prove a hazard for minors. Building. in addition to its ordinary meaning. includes any dwelling. fenced area. vehicle. railway car. cargo container. or other structure used for the lodging of persons or for carrying on business therein. or for the use. sale or deposit of goods. Each unit of a building consisting of two or more units separately secured or occupied is a separate building. Hearing Officer means the City Manager. or his or her designated representative. Junk means old. used. or scrap metal. rope. rags. batteries. paper. rubber. tires. machinery or appliances or parts of such machinery or appliances. wood. debris. trash. waste. household goods or hardware. medications. medical supplies. or medical devices. or junked. dismantled. wrecked or inoperable motor vehicles or vehicular component parts. Junk vehicle means anv vehicle substantially meeting at least three of the following conditions: (1 ) Is three years old or older~ (2) Is extensively damaged. such damage including but not limited to any of the following: a broken window or windshield or missing wheels. tires. motor. or transmission~ (3) Is apparently inoperable~ (4) Has an approximate fair market value equal only to the approximate value of the scrap in it. Junkyard means a property or place of business which is maintained. operated or used for storing. keeping. buying. selling or salvaging junk. Ord. No. , Page 2 Litter shall include. but is not limited to. debris in the form of cans. bottles. glass. ashes. garbage. wastepaper. packing material. scarp iron. wire metal articles. discarded furniture and ap\Jliances. junk. broken stone or cement. broken crockery. discarded building materials. inoperable bicvcles. or bicycle parts. rags. boxes. crates packing cases. mattresses. bedding. tree and vegetation trimmings. and all other trash. including abandoned inflammable materials. which are a fire hazard or a menace to the public health. safety. or welfare. 10-3 rFWRC 7.03.0301 Public Nuisance Defined A public nuisance consists of doing an unlawful act. or omitting to perform a duty. or permitting an action or condition to occur or exist which: 1. Unreasonablv annoys. injures. or endangers the comfort. health or safety of others~ or 2. Is unreasonably offensive to the senses~ or 3. Unlawfully interferes with. obstructs or tends to obstruct. or renders dangerous for passage any stream. lake. bay. park. square. right-of-way. street. alley. or sidewalk. in the City~ or 4. Unlawfully interferes with. damages. or pollutes designated habitat areas. publicly owned restoration sites. streams. creeks. lakes. wetlands. or tributaries. and similar areas thereto~ or 5. Results in illicit discharges into the municipal storm drainage system~ or 6. In any wav renders other persons insecure in life or the use of property~ or 7. Obstructs the free use of property as to essentiallv interfere with the comfortable enjoyment of life and propertv~ or 8. Results in unsecured attractive nuisances~ or 9. Creates or permits the existence or continuance of anv of the specific nuisances identified in this chapter. violates a provision of this chaoter. or is otherwise declared or deemed a nuisance by this Code. 10-4 rFWRC 7.03.0401 Specific Public Nuisances The following specific acts. omissions. places. conditions. and things. including those that create. maintain. use. cause. allows. or permits to exist or remain on any public or private property any of the following specific acts. omissions. places. conditions. and things. are herebv declared to be public nuisances: 1. Excavations or naturally occurring holes. including. but not limited to. privies. vaults. cesspools. sumps. pits. wells. or any other similar conditions. which are not secure and which constitute a concealed danger or other attractive nuisance~ 2. Making. causing. or permitting to be made discordant and unnecessary noise of any kind which annoys anv significant number of persons lawfullv in the immediate area. whether bv means of anv speaker or other sound-amplifying device. horn. or other mechanical device~ or bv outcry. loud speaking. singing~ or bv anv other means~ 3. The discharge of sewage. human excrement. or other wastes in any location or manner. except through systems approved for the conveyance of such. to approved public or private disposal systems and which are constructed and maintained in accordance with the provisions this Code. other applicable law. or in a manner injurious to the public health~ 4. Animal parts. manure. excreta. or wastes including bones. meats. hides. skins. or any part of anv dead animal. fish. or fowl. which are improperly handled. contained. or removed from a premise~ placed in any watercourse. lake. or street or allowed to become putrid. offensive. and injurious to the public health~ 5. The erection or use of anv building. room. or other place in the City for exercise of any trade. employment. or manufacture which. by emitting noxious exhausts. particulate matter. offensive odors. or other related annoyances. is discomforting. offensive. or detrimental to the health of individuals or of the public~ 6. Anv poisonous material or thing on any property. placed so as to allow access to it by anv animal or person; Ord. No. , Page 3 7. Storing of flammable iunk on any property. including but not limited to old rags. rope. cordage. rubber. boxes. or paper. unless it is in a building of fireproof construction~ 8. Burning or disposal of refuse. sawdust. or other material in such a manner as to cause or permit ashes. sawdust. soot. or cinders to be cast upon the streets of the City. or to cause or permit the smoke. ashes. soot. or gases arising from such burning to become annoving or to iniure or endanger the health. comfort. or repose of persons~ 9. To carry on the business of manufacturing gun powder. nitroglycerine. or other highlv explosive substance. mixing or grinding such materials. or to establish a powder magazine within a 1000 feet of any building or without all necessary permits~ 10. Filthy. littered. trash-covered. or overgrown premises or abutting street and alley rights-of-way for which a property owner is responsible. including. but not limited to: (a) Storing outside a completely enclosed building litter. junk. or cut brush or wood including dead or decaying plant material except as contained in a compost pile or orderly stacked firewood if cut in lengths of four feet or less. or items that threaten public health. safety or welfare~ (b) All unused. abandoned or discarded refrigerators. ice boxes or like containers which are left in any place exposed or accessible to children. whether such is outside any building or dwelling or within any unoccupied or abandoned building. dwelling or other structure~ (c) All places used or maintained as dumps. junkvards. or automobile or machinery disassemblv yards or buildings not properlv permitted and licensed or not in compliance with any law or regulation. 11. Anv unsightly. abandoned. or deteriorated structure constructed with inappropriate materials or improperly fastened together or anchored against the forces of nature~ any screening which is in a falling. decaved. dilapidated. or unsafe condition~ any structure where construction was commenced and the structure was left unfinished~ or anv structure that has been constructed or modified without permits or which is otherwise in violation of City ordinance~ 12. Personal property left in the public right-of-way of any road or alley. including but not limited to any personal and household items. furniture. appliances. machinery. equipment. building materials~ and the abandonment or allowing the abandonment of property in any public right-of-way~ 13. The parking or storage of vehicles on single-familv residential lots in violation of the parking regulations in this Code~ 14. To obstruct. impede. or encroach upon. without legal authority. the use of any river. harbor. lake. waterway~ landing place. right-of-way. street. private way. or public area: to unlawfully obstruct or impede the flow of municipal transit vehicles or passenger traffic. access to municipal transit vehicles or stations. to unlawfully obstruct or impede a municipal transit driver. operator. or supervisor in the performance of that individual's duties~ or otherwise interfere with the provision or use of public transportation services: or to create or place any device simulating traffic control signs~ 15. To suffer. maintain. or permit to be maintained. any place where intoxicating liquors are unlawfullv kept for sale or disposal to the public~ 16. Anv place where fighting between people or animals or birds is unlawfullv conducted or allowed. 17. Those acts. omissions. places. conditions. and things declared nuisances elsewhere in this chapter or elsewhere in the Code. including in FWCC 4-146 - 4-154 and FWCC 6-340. 18. All violations of development. land use. public health. safety. and welfare and sanitation rules. regulations. or ordinances of the City or Seattle-King County Health Department rules. regulations. or ordinances Anything meeting the definition of a public nuisance under this chapter. 10-5 rFWRC 7.03.0501 Nuisance is a violation It is unlawful and a violation of this chapter. whether by act or omission. to cause. create. maintain. suffer. or allow a public nuisance to occur. exist. or remain. Each day anv person allows or fails to abate such nuisance after notice shall constitute a separate violation. In addition to anv other penalty. a violation of anv provision of this chapter is a civil infraction under FWCC 1-24. Ord. No. , Page 4 10-6 rFWRC 7.03.0601 Penalties and enforcement. authority The Building Official and Code enforcement officers mav enforce the provisions of this chapter rTitle 1 through any enforcement provisions in Chapter L Art III. Police officers may enforce the provisions of this chapter criminally or otherwise regardless of any civil actions or proceedings. The provisions of this chapter are not exclusive. and may be used in addition to other enforcement provisions authorized bv the Code or other applicable law. except as specifically precluded by law. The code enforcement officer charged with the enforcement of this chapter. acting in good faith and without malice in the discharge of his duties. shall not thereby be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. The Building Official is authorized to administer and adopt rules and regulations to carry out the provisions of this chapter. 10-7 rFWRC 7.03.0701 Rieht of Entrv Where it is necessary to make an inspection to enforce the provisions of this chapter. or where the code enforcement officer has reasonable cause to believe that there exists in a structure or condition which is in violation of this chapter. the code enforcement officer is authorized to enter the structure or premises at reasonable times to inspect or to perform the duties imposed by this chapter~ provided. that if such structure or premises be occupied that credentials be presented to the occupant and entry requested. If such structure or premises is unoccupied. the code enforcement officer shall first make a reasonable effort to locate the owner or other person having charge or control of the structure or premises and request entry. If entry is refused. the code enforcement officer shall have recourse to the remedies provided bv law to secure entry including seeking a search warrant and. upon a showing of probable cause specific to the area sought to be searched that a violation exists. a court of competent jurisdiction shall issue a warrant allowing a search of the common areas in which the violation is alleged. SECTION 2. Chapter 22, Article XIII, Section 22-948 of the Federal Way City Code (FWRC 7.05.020) shall be amended to read as follows: 22-948 [7.05.020] Erosion and sedimentation regulation. It is a development regulation violation, a public nuisance. and a violation of this 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 regulation violation, a public nuisance. and a violation of this 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 3. Chapter 22, Article XIII, Section 22-950 of the Federal Way City Code (FWRC 7.05.030) shall be amended to read as follows: 22-950 [7.05.030] 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 regulation violation, and a violation of this Code. (See also FWCC 22- 954.) (Ord. No. 90-43, 9 2(115.50), 2-27-90) SECTION 4. Chapter 9, Article VII, Section 9-388 ofthe Federal Way City Code (FWRC 7.05.070) shall be amended to read as follows: Ord. No. , Page 5 9-388 [7.05.070J Penalty for Temporary Business violation. (a) Any person and the officers, directors, maflaging agents, or partRefS of any eorporatioa, firm, partnership or othcr organization or busincss violating or failing to comply 'Nith any of the prc:l'!isions of this artiele shall be gHilt), of a gross misdemeanor. (b) In additiofl to any penalties pro'!ided in this section, any Anv condition caused or permitted to exist in violation of any of the provisions ofthis artiele Chapter 9. Article VII rChapter 12.251 Temporary Business, is a public nuisance and all r~medies gi'/en by law for the pre'/eRtioa and aeatemeRt of nl:lisanees shall apply thereto. Fl:lrther, eaeh day that sueh condition or violation continues shall be regar€led as a aev! and separate offense ana shall be pl:laished aeeordingly. (Ord. No. 90-62, 9 8,6-19-90; Ord. No. 91-110,98, 11-5-91; Ord. No. 02-429, 9 15, 11-19-02) SECTION 5. Chapter 9, Article VIII, Section 9-422 of the Federal Way City Code (FWRC 7.05.080) shall be amended to read as follows: 9-422 [7.05.080J Public Dances and Dance Halls Violations. (a) It shall be a mis€lemeanor to engage ifl any aeti'/ity, aet or coaduct iR '/iolatiea of any of the previsions of this artiele, includiag, without limitatioR, opefating or managiRg a pub lie danee without having first obtained a valid lieense, er renewal or ofleratiflg or managiRg a publie danee after fe>/ecatien er suspensioa ef ~' €lance hallliceRse. ~ Any activity, act or conduct contrary to the provisions of this artiele Chapter 9. Article VIII [Chapter 12.301 Public Dances and Dance Halls, is here9Y declared te be unlawful, and the '!iolation itself is an injury to the eommanity constituting a public nuisance. (Ord. No. 92-132, 9 1(9.52),4-14-92) SECTION 6. Chapter 13, Article VI, Section 13-180 ofthe Federal Way City Code (FWRC 7.05.090) shall be amended to read as follows: 13-180 [7.05.090J Sidewalks ~yiolations deemed nuisance. The violation or failure to comply with the provisions of-this artiele Chapter 13. Article VI rChapter 4.401 Sidewalks. shall be considered a public nuisance. f1ny persea failiag to abate the auisanee withifl 10 days of service of the Rotice ofyiolation shall be subjeet to a fine efl:lf) to $25(}.09 for each effense. Each day a person fails to abate sueh al:lisance after aotice shall eonstiMe a separate effense. (Ord. No. 93-188, 9 1,9-21-93) SECTION 7. Chapter 13, Article VII, Section 13-252 of the Federal Way City Code (FWRC 7.05.100) shall be amended to read as follows: 13-252 [7.05.100J Rieht-of-wav Veeetation-Vyiolations deemed nuisance. The violation or failure to comply with the provisions ofthis article Chapter 13. Article VII rChapter 4.351 Right-of-way Vegetation. shall be considered a public nuisance. '^1B-Y persen failing to abate the Ruisance withia the time period specified by the direetor's Botiee . shall be subject to a fiae of up to $250.00 for each offense. Eaeh day any person fails to abate such nuisance after aotiee shall eonstiMe a separate yielation. (Ord. No. 93-187, 9 1,9-21-93) SECTION 8. Chapter 22, Article XIII, Section 22-1201 of the Federal Way City Code is hereby repealed as follows: Ord. No. , Page 6 22 1201 Publie RuisaRee. In addition to the other requirements of this seetioa, any diseharge iato water or ehange in water quality '.vhich annoys; injl:lres; endangers the comfort, repose, health or safety of persons; or in any 'Nay renders persoas insecure in lif-e, or in the use of property is a violation ofthis chaflter. (Ord. No. 99 13, ~ 2(115.150(G)),2 27 90) SECTION 9. Chapter 10, Article II, Section 10-26 of the Federal Way City Code (FWRC 7.10.010) is hereby repealed as follows: 1026 (7.10.010) CeReral prohihitioR. It is l:lala'.vful f-or any person to cause, er for any perSOR in possession of property to allew to originate from the property, sOHfld that is a publie disturbanee Roise. (Ord. tlo. 9() 37, ~ I(A), 2 29 90) SECTION 10. Chapter 10, Article II, Section 10-27 of the Federal Way City Code (FWRC 7.10.020) shall be amended to read as follows: 10-27 (7.10.020) IIIustratF:e eBumeratioR Public disturbance noise. It is unlawful for anv person to cause. or for any person in possession of property to allow to originate from that prooerty. sound that is a public disturbance noise. This section shall not apply to regularly scheduled events at parks. such as public address systems for baseball games or park concerts between the hours of 9:00 a.m. and 10:30 p.m. The following sounds are public disturbance noises in violation of this aftiele section: (1) The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a warning of danger or as specifically permitted or required by law. (2) The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential district, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. (3) Yelling, shouting, whistling or singing on or near the public streets, particularly between the hours of 10:00 p.m. and 8:00 a.m. or at any time and place as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. (4) The creation of frequent, repetitive or continuous sounds which emanate from any building, structure, apartment or condominium, which unreasonably disturbs or interferes with the peace and comfort of owners or possessors of real property, such as sounds from musical instruments, audio sound systems, band sessions or social gatherings. (5) Sound from motor vehicle audio sound systems, such as tape players, radios and compact disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself. (6) Sound from portable audio equipment, such as tape players, radios, and compact disc players, operated at a volume so as to be audible greater than 50 feet from the source, and if not operated upon the property of the operator. (7) The squealing, screeching or other such sounds from motor vehicle tires in contact with the ground or other roadway surface because of rapid acceleration, braking or excessive speed around comers or because of such other reason; provided, that sounds which result from actions which are necessary to avoid danger shall be exempt from this section. (8) Sounds originating from construction sites, including but not limited to sounds from construction equipment, power tools and hammering between the hours of 8:00 p.m. and 7:00 a.m. on weekdays and 8:00 p.m. and 9:00 a.m. on weekends. (9) Sounds originating from residential property relating to temporary projects for the maintenance or repair of horns, grounds and appurtenances, including but not limited to sounds from Ord. No. , Page 7 lawnmowers, powered hand tools, snow removal equipment and composters between the hours of 10:00 p.m. and 7:00 a.m. on weekdays and 10:00 p.m. and 9:00 a.m. on weekends. (Ord. No. 90-65, 9 I(B), 7-3- 90; Ord. No. 99-341,93,5-4-99) SECTION 11. Chapter 10, Article II, Section 10-28 of the Federal Way City Code (FWRC 7.10.030) is hereby repealed as follows: 1028 (7.10.030) ExelusioR. This artiele shall Rot apply to regHlarly scheduled eveRts at parks, sueh as paalie address systems fer baseball games or park coneerts betweea the nours of9:00 a.m. and 19:39 p.m. (Ord. No. 99 37, ~ I(C), 2 2() 90; Ord. Ne. 99 65, ~ 2, 7 3 99) SECTION 12. Chapter 10, Article II, Section 10-29 of the Federal Way City Code (FWRC 7.10.040) is hereby repealed as follows: 1029 (7.10.040) ERfoFeement. Civil eRfereemeRt of the pfevisiens of this chapter shall be ge;vemed by Chapter 1 FWcc, ,^Jtiele III, Civil EafereemeRt of Code. Civil enforeemeRt is iR additioR ta, and aoes net limit any other farms af eRf-oreemeBt available to the eity iaell:ldiag, but ROt limited to, erimiaal saaetioas as speeified hereia or Chapter 1 FWCC, '^1rticles II, III, auisance and injuaetion aetieRs, or ether ei'/il er e(;).uitable aetioRs te abate, discominue, eOffeet or discourage uRlawful aets ia '/iolatioR ef this ehllflter. Far seeend and sHbsequeRt violatioas of the provisions of this ehapter, the person shall also be gHilty of a misdemeaaor and l:lpOR con-vietian shall be pl:lRished as pro'/ided in F\VCC lJ1. (Ord. No. 99 37, ~ I(D), 22090; Ord. No. 99 312, ~ 7, 5 1 99) SECTION 13. Chapter 10, Article III, Section 10-52 of the Federal Way City Code (FWRC 7.15.020) shall be amended to read as follows: 10-52 (7.15.020) Definitions. W Abate means to remove or conceal graffiti by such means as is reasonably necessary and to otherwise bring a property into compliance with the city code. W Defacement means any marring and includes but is not limited to any unauthorized writing, painting, coloring, carving, disfigurement, damaging, breaking, drawing, inscription, figure, or mark of any type that has been placed upon any property, through the use of means including but not limited to paint, ink, chalk, dye, markers, objects, adhesive material, or any other substance capable of marking or damaging property. (e) EnforcemeRt officer or enforeement offieial means any eity eode enforeemeRt offieer er other eity officials desigaated by ordinanee or by the city manager f-or pUffJoses of enforeiag the provisions ef this article or proyisions of other sections of the eity eede or other la'.Ys ofthe eity. W Graffiti means any defacement of property. (e) Hearing examiner means the Federal Way hearing examiRer and the offiee thereof. tt1 Property means real or personal property, both public and private, and includes but is not limited to vehicles, artwork, decorations, sidewalks, pavement, poles, rocks, trees, bridges, buildings, barriers, walls, fences, gates, signage, installations, improvements, and structures within the city. fgj Responsible party means an owner, a person acting as an agent for an owner, a person who has authority over the property, or a person responsible for the property's maintenance or management. Irrespective of any arrangement to the contrary with any other party, an owner shall always be a responsible party for the purposes of this chapter. There may be more than one responsible party for a Ord. No. , Page 8 particular private property. Where there is more than one responsible party, notice to any responsible party shall be deemed to be notice to all. Where there is more than one responsible party, permission from any responsible party shall be deemed to be permission from all unless a specific objection is made by a nonconsenting responsible party. tk1 Unauthorized means without the prior express permission or consent of a responsible party. (Ord. No. 07-550, ~ 2, 3-20-07) SECTION 14. Chapter 10, Article III, Section 10-54 of the Federal Way City Code (FWRC 7.15.040) is hereby repealed as follows: 10 54 (7.15.0~0) Notiee to eorreet graffiti. (a) Issl:lance. WheRever an enforcement officer determiaes that graffiti exists on proflerty within the Clity, ana the graffIti is visible from publiCI property, from a IOClation open to the pub lie, or Hem a publio right of '.Yay, he or she may issue a Rotice to eorreet graffiti to the fespoasible party. (b) CoRteRt. The notiee to correet graffiti shall incll:lde the follewiag: ( I) The flame and address of the property o';vner aRelIer other respensible party te 'lfholR the aotiee to eorreet graffiti is difeeted; (2) The skeet address or other deseriptioa saffieieRt for ideatifIeatioR of the property, builEliRg, structure, premises, or land upon or withiR which the graffiti has ecearred or is oeeurriag; (3) A deseriptioa ofthe graffiti, iaeludiRg a Fefel'eRCe to this artiele; (1) .\ statemeRt that withia thfee days ef service of the Retiee te eOffeet gmfflti, the respoasible party must either abate the graffiti or eeataet the eafefeemeRt offieer and enter an abatemeRt plaa. .A~n abatemeRt plan shall mean a plan er series of steps agreea to betvfeen a l'espoRsible party ana an eRforcemeRt offieer in eraer to abate grafflti; (5) A statemeRt that aR appeal of the notiee to eorreot grafflti IRay be filed PUfsuant te FWCc 10 56 within 10 days of servioe of the Rotiee to correet grafflti; (6) A statemeRt that if the Rotiee to eerreet graffiti is Rot aflpealea, the graffiti is Ret abate a, an abatemeRt plan is not eRtered, aR abatemeRt plan is not eomplied with, er a hearing eKamiRer so orders that the graffiti may be summarily abated by the city with costs beiag assessed against the respoRsible J*H'tY: (c) Serviee of notiee to oorrect grafflti. The eaforcemeRt offieer shall serve the Ilotiee te eeffect grafflti upon the respeasible party, either by deliveriag it persoRally, or by mailiRg a copy by registered or certified mail to the responsible party at his/her last kno',\~ address. If serviee is not aeeelRfllisked by persoaal service aad if an address f{)r mailed service eaaaot after due diligenee be aseertained, Rotice shall be served by postiag a eop)' of the notice to correet grafflti eonspieuol:lsly on the affeeted property or strl:letl:lre. If servioe is by personal serviee, serviee shall be deemea oomplete immediately. If sef\'ice is made by mail, service shall be deemed eomplete upoa the third day f{)llowing the day UpOR which they are plaeed ia the mail, l:lnless the thira day falls on a Saturaay, Sunday or legal heliday, ia which eveRt serviee shall be deemed eomplete on the first day other than a Saturday, Sl:lnday or legal holiday followiag the third day. If serviee is made by POStiRg, serviee shall be deemed complete ea the third day follovl'ing the day the aotice of graffiti is posted. (Ord. No. 97 550, ~ 2, 3 29 (7) SECTION 15. Chapter 10, Article III, Section 10-55 ofthe Federal Way City Code (FWRC 7.15.050) is hereby repealed as follows: 10 55 (7.15.050) Civil iBfraetioB. It is a eiyil infraetien to fail to pay costs of abatemeRt pl:lfsuant to FWcC 10 57. Infraetions issued l:lnder this seetioa shall be governed by FWcC 1 21 except that the maximum penalty and the defauk amOl:lRt shall be $1.9(} ROt iacll:lding fees, eosts, ana assessmeRts. Ia addition to any fille, fee, eosts, or Ord. No. , Page 9 assessmeRts imposed f{)r an iafractiofl l:lnder this sectioa, a court may also impose restit-ution for aay costs for abatement under FWCC 10 57 as part of the monetary obligations for an iafFaction uader this seetioa. The provisions of this sectioa are ROt e~(elusive, and may be used ia addition to other enforeemeRt pro'lisions ffilthorized b:y this article, the Federal 'Nay City Code in general, or other applieable law, except as specifically precluded by law. (Ord. No. 07 550, ~ 2,3 20 07) SECTION 16. Chapter 10, Article III, Section 10.56 of the Federal Way City Code (FWRC 7.15.060) is hereby repealed as follows: 10 56 (7.15.060) f1ppeals to the heariRg examiRer. (a) General. ,A~ responsible party to ...mom a aotiee te eorreet graffiti is direeted may atlpeal to the heariag examiner. The persen appealiag may appeal either the determiaatioa that graffiti exists on property withia the eity, and the gmffiti is visible from pUBlie property, from a 10eatioR open to the public, er from a publie right of way; the amount of aHY costs imposea; the eerreetive aetien oraered; or any combination thereof. The eity may also re(;).uest a hearing before the Rearing e1(aminer te assess eests, modify previoHs erders, er to eater other elders as needed. If RO appeal is filed within 19 days ef issuanee, tho notiee te eefFeet gt'affIti shall be final and eORell:lsive aad not subjeet to appeal or Fe'/iew in aflY forum. (b) Ho>;; te appeal. IR elder to appeal, a persea mHst file a '.'/fitten netiee ef atlpeal with the eity elerk v:ithia 19 ealendar days Hem the date ef issl:laaee ef the notiee to eOffeet graffiti, speeifyiRg '.'mat issue is being appealed. The appeal must be aeeompanied by a filing fee in the amouRt ef $199.99, payable by cash or a eheek to the eity efFederal Way, '.vhich is refuadable iR the e'/eRt the appellaat fully prevails oa the appeal. The filiHg fee is v/aiyed iR cases ...:hele the oity reqHests the heariag. (0) Effeet of appeal. The timely filing of an atlpeal ill eempliance with this seetioa shall stay aflY requiremeRt for abatemeRt. (d) Hearing. (1) Date of hearing. Within 19 days oftfle elerk's receipt efthe appeal, the hearillg examiner shall set a publie hearing fer a date withiR 39 aa)'s of the clerk's receipt afthe appeal. (2) Notice ofhearillg. The aetiee shall cORtaiR the follev/ing: a. The file Humber and a brief deseriptioa of the matter Being appealed. b. /'~ statement of the seepe of the atlpeal, ineludiag a summary of the effOrs alleged and the fiadings and/or legal conclusions displ:lted ia the appeal. e. The date, term, and place ofthe heariRg on the appeal. (3) Distribl:ltioa ef aotiee. The Rotiee shall be mailed to the eity, the responsible party, andJer the atlpellant at least 19 ealendar days bef-ole the heariRg ea the atlpeal. (1) Participatioa in the appeal. The city and the appellant may partieipate as parties ill the hearing and eaeh may call witHesses. ARY persoa may participate in the hearing in either or both of the fallowing ~ a. By sl:lbmittiBg written commeats to the heariBg examiBer, either by deli-yeriBg these commeats to the clerk prior to the Bearing or by gi'ling these directly to the hearing examiRer at the heariag. b. By appeariag ia persoR, or through a represeatative, at tho heariag aad maldRg oral comments direetly to the hearing. The hearing examiRer may reasonably limit the exteat of mal eommeRts to facilitate the orderly and timely CORdl:lct of the hearing. (5) Conduet of heariag. The hearing ex-amiaer shall cORduct the heariRg on the appeal pl:lrsuant to tho rules of proeeduro of the hearing examiaer. Tho city shall ha'/e the burden ef preef by a preponderance of the evidence that graffiti exists on the property withiR the eity, and the graffiti is visible from pl:lblic property, from a loeation open to the publie, or from a pub lie right of way, er that abatement is Beedea to Cl:lre the violation. The heariBg examiRer shall make a cOHlfllete eleetronie SeURa reeordiHg of the pHblie hearing. Ord. No. , Page 10 (6) CoRtinuation of the hearing. The hearing examiaer may oontiaue the hearing if the hearing examiner determines that he or she needs more information on the matter. The heariag examiner may continl:le the hearing by stating the time and place of the next hearing during the hearing, without aeed of providing an)' further aotice. ( e) Decision of hearing examiner. (1) Issuaace. The hearing examiner shall issl:le an oral deoision at the time of the hearing ualess geod cause exists to delay the deeision. The hearing examiner shall issue a written deeision, iaeluding fiadings, eonell:lsions, and erders, withia 11 days of the hearing. The appellaRt is re(;).uired to eomply with any deeisioa of the hearing examiRer whether oral er vflitten upon issl:lance. (2) Vaeatioa of aotice to eeffeet graffIti. If the hearing e](amiRer determines that there is iasufficient eyideaee that a yiolatioa sl:lbstantially as stated ia the aotiee to eeffect graffIti exists, the hearing examiaer shall '/acate the aotice to eOffeet graffIti, and order the appeal fee refunaed. (3) .^SfIrmance. If the hearing examiner determines that there is suffIeient eviaeRoe that graffiti exists on property within the eity, aad the graffiti is '/isible frem publie property, from a leeation open to the public, or from a publie right of vlay, the heariag examiner shall affirm the natiee to ceffeet graffiti and shall order the vi elation be abatea ey the responsiele party ana set a date f-or eemplianee Re later than three days from the date and time of the heariag. If the graffiti is Ret abated by the aate set fer eamplianee by the heariag examiaer, the eity may abate the graffIti. The hearing examiner shall set a ReV{ heariag date to verify eOHlfllianee or assess eests f-or any aeatemeRt by the eity. (4) ModifIcatioa. The hearing ex-amiRer may order a compliaaee aate for aeatemeRt: later than three days from the aate ef the hearing or modify the assessmeRt ef oests ef abatemeRt if gead eause is fOHfld. In so orderiRg, the heariRg examiner shall eonsider the fallowing: a. ''vhether the iRteRt ef the appeal was to delay eemplianee; b. Whether the appeal was frivelous; c. Whether the applicant exercised reasoaable, timely, and goed faith effort to eomply with the notiee te eorrect graffiti; and/or d. .^.ay other relevant faeters. (5) Eff-eet ef deoision. Failure te comply ':'lith the deeisioR eftfle heariRg examiner shall eonstitlHe a grass misdemeanor punishable by a fine of ROt more than $5,(}99 or up to 365 days impriseRmeRt, er both. In additioa to criminal pURishmeRt pursuant to this subsectioa, the eity may pursue aR)' other eaforeemeRt authorized by law. (f) Judicial reyie'..... Judicial reyie'.... of a decision by the heariBg examiner may be sought by any party aggrie'/ed or ad'/ersely affeeted by the decisiaa, if the '"flitten petitioa seeking review is mea and served on all parties ,....ithin 21 days ef the date of the deeision. Filing of a petitioB fer reyiew does Rot stay any reql:lired action withol:lt further order of the heariRg e-xaminer er a court having jl:lrisdiction eyer the matter. (Ord. No. ()7 559, ~ 2, 3 20 07) SECTION 17. Chapter 10, Article III, Section 10-57 of the Federal Way City Code (FWRC 7.15.070) is hereby repealed as follows: 10 57 (7.15.070) .....batemeRt by the eity. (a) .'\l:lthority to abate. The city may abate graffiti when any responsible party fails to abate a violation within 10 days of an unappealed notiee to eorrect graffiti where either no abatemeRt plaa has beea entered or an abatement plan has ROt been complied with, or as oraered by the hearing examiaer. The eity may l:lse agents, coRtractors, or '/olunteers uader its directioa, who may aet pl:lrsaant to this article. (b) '^il:lthorized aetion b:y the city. Using any lawful means, the city is expressly authorized te eRter upoa the premises to abate graffiti dl:lring regular el:lsiness hours or at times matuaUy agreeable with the respoBsible party. .fill reasonable eff-orts to miBimize damage from sl:lch entry shall be takea by the eit)'. The eity shall Rot authorize ner undertake to provide for the paiRting or repair of any mere exteBsi'/e area Ord. No. , Page 11 thaa the area v:here the graffiti is located. The city may seek such judieial process as it deems Recessary to effect the abatemeRt. (c) Recoyery of costs. The respoasible party and/or the OVlfler shall be joiatl)' and severally liable for the costs, inell:lding incideatal expenses, of any abatement by the city and such costs shall constimte a personal obligation aad a debt owed to the city and shall be enforeeable as a liea agaiast the property l:lpon '.'ffiich such Huisanee existed, in addition to the ether legal remedies available for enforcemeRt of debts. The eosts shall beeome dl:le and payable to the eity within 11 ealendar days from the date of netiee from the city that eosts are due. The term "iaeideatal expenses" includes but is not limited te personael cests (both direct aad indirect); attorney's fees; eosts incurred in doeumenting the yielation; hauling, storage and disposal expeases; expeRses of the eity iR preparing aotiees, speeifieatiofts and eentracts; the costs of aeeemplishing aad iaspectiag the ';lork; eolleetion costs whether direet or iadireet; the costs ef any coRtraetors for aay portion of the abatement process; and the costs of aay re(;).uiredpriRting and mailiag. The direetor of the commuBity develefJmeRt departmeRt or desigaee, or the hearing eXlH'Riner, may in his Elr her diseretion waive in whElle or part the assessmeRt ef aay eosts of abatemeRt ufJoa a showing that abatemeat has occurred or is RO longer neeessary, or that the costs ',vould cause a fiRancial hardship f-or the respensible party. The eity may aatheri:i3e the use of eellectiea ageRcies to reeover eosts. The eity attorney is autherizea tEl eolleet the eosts by use of atlPfepriate legal remedies. (d) Iaterfereace. No person shall obstrHet, impede, or iRterfere with the sity or its &geRts, or with any persoR whe ewns, or heMs aay iRterest Of estate iR an)' property, ia performing any tasks aeeessary te correct the violation. (Ord. "No. 97 55(), ~ 2, 3 20 07) SECTION 18. Chapter 10, Article III, Section 10-58 of the Federal Way City Code (FWRC 7.15.080) is hereby repealed as follows: 10 S8 (i.1S.0S0) WarrflRts authorized if Reeded. (a) '^1 warraRt to eater the property to iaspeet or abate uader this artiele shall net be reEJUired for graf:flti yisible HElm ol:ltside of the pf<>perty and aeeessible from Rormal aeeess routes Hem the paelie right: of way. (b) '^1 judge or commissioRer of the manieitlal eel:lrt of the city of Federal Way or other sourt with jurisdiction, upoa a preper oath or affirmation showing complianee with this artiele and probable eause that a yiolatioa is present on a property, shall have power to issue a warrant difeeted te a state or loeal offieial authorizing the official to eater the property te iaspeet or abate. (e) A ';farraRt shall issue oaly upon application of an enforcemeRt efficer er employee of a prosecuting or fegHlatory authority supported by aeelaration or affiaavit made uaaer eath or upoa S'Norn testimoay before the judge aad establishiag probable eause for the issuanee of the warrant aad partieularly describing the property aad the ':iolation. For purposes efthis sectiea, probable eause exists if there is reasonable cause to believe that a vielatioa is present l:lpEln the particular property to be eatered. (d) If the jl:ldge or commissioner is satisfied that the standard for issl:liHg a '.'{arrant has been met, the jl:ldge or eommissioner shall issue the ';farrant. The 'tVarfant ml:lst particularly descriee the property, the violation, and the action to be taken. (e) ,^.. warrant issl:led pursuant to this sectiea must be executed and returned withia 10 days unless, I:lpon a sRowiag of a aeed for additional time, the period is exteHded or reaewed by a judge or eommissioaer upon a findiag that such exteasiea or renewal is ia the public interest. '^1 eepy of the 'Narrant and a reeeipt for abatement takea parsl:lant to the warrant shall be givea to the persea whose property is entered, or if the persoa is not at the property, the eopy shall be left ia or oa the property that was entered or from which property ''vas taken. The return of the warrant shall be promptly made accompanied by a ',wittea inveRtory of any property taken. '^1 copy of the return shall be attaehea to the warrant and filed with the elerlc ofthe eourt. (Ord. No. ()7 559, ~ 2, 3 20 07) Ord. No. , Page 12 SECTION 19. Chapter 10, Article III, Section 10-59 of the Federal Way City Code (FWRC 7.15.090) is hereby repealed as follows: 1059 (7.15.090) Provisions not exelnsive. The proyisions of this chapter are Rot eJ(-elusiye, and may be used in additien to other eRforcemeRt pro'/isioas authorized by the Federal Way City Code or other atlplieable la's, except as speeifieally preeluded by law. (Ord. Ne. 97 550, ~ 2, 3 20 07) SECTION 20. Chapter 15, Articie V, Section 15-141 of the Federal Way City Code (FWRC 7.20.010) shall be amended to read as follows: 15-141 (7.20.010) Junk vehicles. W Junk or junked vehicles are declared public nuisances under FWCC 22-1 and 22 952 this chapter. (e1) Junk vehicles may be impounded, provided the following notice and hearing procedures are fulfilled: (+~) At least 15 days prior to impoundment, notice shall be provided to the property owner of record and sent to the vehicle's last registered owner of record if the vehicle's owner's identity can be determined and that person is different from the property owner. The notice shall provide that a hearing may be requested and that if no hearing is requested, the vehicle will be removed. This notice may be contained in the notice of violation. If the owner or occupier of the property hinders the city from ascertaining the owner of the vehicle, the owner of the property shall be presumed to be the owner of the vehicle; (~Q) If a request for a hearing is received, a notice giving the time, location, and date of the hearing on the question of abatement and removal of the vehicle or part thereof as a public nuisance shall be mailed, by regular mail and certified mail, with a five-day return receipt requested, to the owner of the land as shown on the last equalized assessment roll and to the last registered and legal owner of record of the vehicle unless the owner cannot be determined. This hearing may be held in the same manner and at the same time as an appeal of the notice of violation under FWCC 1-19; (~) This section shall not apply to (a) a vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property or (b) a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130 as it exists or is hereafter amended; (4Q) The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with his reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner of the property; (~) After notice has been given of the intent of the city to dispose of the vehicle and after a hearing, if requested, has been held, the vehicle or part thereof shall be removed at the request of a law enforcement officer or a code enforcement officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked. (e2) At least 15 days after an unappealed notice of violation under FWCC 1-17 is issued, or at least 15 days after the final decision on an appealed notice of violation, any junk or junked vehicle or part thereof as defined by FWCC 22-1 and/or 22-952 and encompassed by the notice of violation is subject to Ord. No. , Page 13 summary impoundment at the direction of a law enforcement officer or code enforcement officer. A law enforcement officer or code enforcement officer may take custody of such vehicle, at his or her discretion, and provide for its prompt removal to a place of safety. An impoundment under this section shall not be considered an abatement under FWCC 1-21 nor subject to its provisions. (dJ) A warrant to enter the property and impound any vehicles shall not be required to impound vehicles that are visible from outside of the property and accessible from normal access routes from the public right-of-way, including but not limited to those vehicles on or adjacent to driveways and not behind closed gates. (1) '^1 jl:ldge of the mHflicipal celift efthe city of Federal Way, apoa a proper oath or affirmation sho'Ning eompliance 'Nith this seetien and probable Cal:lse that a junk or junked vehiele is preseRt OR a property, shall ha';e power to issue a warraRt direeted to a state or local offieial aathoriziRg the offieial to eRter the preperty to impouRd the vehiele. (2) .\ v.'arrant shall issue oaly apoa applicatiea of a desigaated offieer er employee of a pr{)secuting or regalatory authority supported by declaration or affida'/it made uaGer eath or upea sV/om testimony before the jl:ldge and establishisg pfebable "'al:lse fer the issuanee of the warraRt and particularly deseribiag the property ana the vehicle or yehicles te be impeanded. For purposes ef this section, probable eause exists if there is reaseaable eal:lse to believe that a j1:1Rk er jHfllted vehiele is preseRt upon the partieular proflerty te be eRtered. (3) If the judge is satisfied that the standard for issuiag a warrant has aeea met, the judge shall issl:le the warrant. The warrant must partieularly deseribe the pr-oflerty and the vehiele or '/ehieles te be impounded. ( 1) .^1 '",arrant issued pursuant to this seetion must be executed and returned withiR 19 days l:laless, upon a showing of a aeed for additional time, the period is exteaded or feRe':/ed by a judge upon a findiag that such extension or reRewal is iR the pub lie iRterest. '^1 eepy of the vrarraRt and a receipt for IHlY property seized pursuant te the warrant shall be given to the pefSoa '.vIlese property is eRterea, 0r if the person is Rot at the property, the "'OJ>)' shall be left is or €IS t-he property that Vlil5 eRtered or from V/hich property was taken. The return €If the warrant shall be promptly maae accompanied by a YlritteR inveRter)' of any property taken. (5) .\ copy of the return shall be attaehed to the warrant and filed with the elerk of the court. (e1) Costs of removal maybe assessed against the registered owner ofthe vehicle if the identity of the owner can be determined, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101 as it exists or is hereafter amended, or the costs may be assessed against the owner of the property on which the vehicle is stored. (f.2.) A registered disposer under contract to the city for the impounding of vehicles shall comply with any administrative regulations on the handling and disposing of vehicles. (Ord. No. 06-534, 9 1, 10- 17-06) SECTION 21. Chapter 22, Article XIII, Section 22-952 of the Federal Way City Code (FWRC 7.20.020) shall be amended to read as follows: 22-952 (7.20.020) Junk and junkyards prohibited. It is a violation of this chapter to accumulate junk, or for a property owner or the person in control of property to allow junk, junked~ or inoperable vehicles to accumulate, on the subject property. or to operate or maintain a junkyard on the property. In additioa, a junkyard is ROt permitted in the city. (Ord. No. 90- 43,92(115.70),2-27-90; Ord. No. 96-269, 9 4, 6-18-96) SECTION 22. Chapter 22, Article IV, Section 22-330 of the Federal Way City Code shall be amended to read as follows: Ord. No. , Page 14 22-330 Immediate compliance with certain provisions required. (a1) Generally. Regardless of any other provision of this article, the following nonconformances must be immediately brought into conformance with the applicable regulations provisions of this chapter: (l-.!!) Nonconformance that constitutes a public nuisance under Chapter 10 rTitle 7] with the Boise standai"ds in FWCC 22 956; (2-12) Nonconformance with the lighting standards in FWCC 22-954; (3) Noncoaformance with the heat emissioa standards in FWCc 22951; (1) Noncoaformanee with the radiation standards ia FWCc 22959; (5) Noneoaformance '?lith the air (;).uality standards ia FWCc 22 917; (~) Nonconformance with the standards in the International Fire Code and FWCC 8-51 through 8-120, to the extent that the nonconformance poses a threat to life or safety, as determined by the director in consultation with the appropriate fire safety officials; (7) Noncoaformanee ',vith the odor standaras ia FWCc 22 958; (gg) Nonconformance with the provisions in FWCC 22-1111 et seq. regarding parking and storage of large vehicles in residential zones; (9) Noneonf-ormaaee with the provisions iR FWCC 22 952 regarding junk; (1()) Nonconformanee with the glare standaF€ls in FWCC 22959; (~) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (+2-.0 Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (&2.) Abatement. The city may, using any of the provisions of FWcc 22 121 et se(;).. of this Code or any other applicable law, immediately abate or seek discontinuance of any nonconformance listed in subsection (a1) of this section. (Ord. No. 90-43, 9 2(165.25),2-27-90; Ord. No. 91-113, 94(165.25), 12- 3-91; Ord. No. 92-135, 9 3(165.25),4-21-92; Ord. No. 92-144, 9 3(165.25), 6-16-92; Ord. No. 97-307, 9 3, 12-16-97; Ord. No. 04-457, 9 3,2-3-04; Ord. No. 04-468, 9 3, 11-16-04) SECTION 23. 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 ofthe 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 24. Concurrent Legislation. Currently pending ordinances or resolutions may amend the same sections as does this one; changes made in this ordinance are intended to be in addition to any changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. Ord. No. , Page 15 SECTION 25. 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 26. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. SECTION 27. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this ,2008. day of CITY OF FEDERAL WAY MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, 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.: K:\2008 Code Amendments\Code Re-organization\Planning Commission\Title 7 Nuisances.doc Ord. No. , Page 16 ~ CITY OF '.. -7 Federal Way STAFF REPORT TO THE PLANNING COMMISSION Public Hearing of November 5, 2008 Proposed Zoning Regulations for Clearing, Grading and Tree and Vegetation Retention (City File No. 08-103248-00-UP, Related File No. 08-104655-00-SE) Text Amendments to Federal Way City Code (FWCC) Chapter 20, Subdivisions" Article II, "Plats"; Article III "Design Criteria"; and Article IV "Improvements" Text Amendments to FWCC Chapter 22, "Zoning" Article I, "In General"; Article II "Administration"; Article XIII, "Supplementary District Regulations"; Article XVII "Landscaping" and Article XIX "Community Design Guidelines" and New Article in FWCC Chapter 22, "Zoning" entitled "Clearing, Grading and Tree and Vegetation Retention" I. BACKGROUND The topic of tree preservation, clearing, and grading was initially placed on the 2007 Planning Commission Work Program and was thereafter carried over into the 2008 Work Program. Staff began meeting with the Planning Commission in study session format in September 2007 and conducted three study sessions on this topic (September 19,2007, November 9, 2007, and January 16,2008). The January 16,2008, study session also incorporated a discussion panel made up of "interested parties"l including representatives from the development community and utilities. Staff then met with the Land Use/Transportation Committee (LUTe) on February 25,2008, and provided them with an overview of the process to date with the Planning Commission and comments provided by interested parties. One of the underlying concerns of both the Planning Commission and the interested parties was that the code amendments should consider potential added development costs and residential affordability. The LUTC directed staff to proceed with draft code amendments that generally allow for greater initial clearing and grading flexibility, but increase standards for tree replacement; timing of development with respect to timing of clearing and grading; and monitoring and penalties for non-performance and violations. 1 "Interested Parties" include representatives from the development community, utilities, and interested citizens. Anyone who contacted staff and requested to be added to our "interested parties" list during the course of our work effort was added to the list. Planning Commission Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments File #08-103248-00-UP Page 1 II, PURPOSE OF AMENDMENTS Amendments to the City of Federal Way subdivision and zoning codes are being considered in order to consolidate numerous existing code sections that deal with clearing, grading, and vegetation retention requirements into one new article of the zoning code. Currently, applicants and staff have to navigate between seven different code sections in order to apply the requirements to specific proposed development activities. In addition to consolidation of various related code sections, the proposed code amendments have been developed in response to the following issues identified by staff, the Planning Commission, and the interested parties: Clearing and Grading . Repeated requests for "mass grading," where an applicant desires to clear and grade the entire site at the initial stages of site development-this is currently not allowed without review and permission by the City. In some cases, mass grading may be acceptable, but in other cases a phased approach would be preferable. . Large sites are sometimes cleared and then left in an unvegetated and undeveloped state for long periods of time (sometimes years). The community has expressed great concern about this lag time and the negative impact it has on community aesthetics and loss of benefits associated with vegetative cover. . There are an increasing number of developments (residential and commercial) being proposed on sloped sites. This has led to an increasing number and size of retaining walls. Numerous and/or large retaining walls present an aesthetic impact, as well as an impediment to non-motorized transportation. There is limited guidance in the code to communicate what is acceptable retaining wall design. . Requiring larger lots on sloped portions of a site (for example: greater the slope, larger the lot) may encourage more site-sensitive development, less grading and filling, lots that are easier to develop, and fewer retaining walls. Tree and Vegetation Retention . Significant trees that are preserved often do not survive the site development phase and/or blow down after completion of site development and ultimately are not preserved. . Current tree protection requirements often do not result in the preservation of groupings of trees, but result in single stand-alone trees scattered throughout the project site, or strips of trees along the site perimeter. Groups of trees have a greater chance of survival, provide better cover for wildlife, and are a better site amenity. . Allow tree removal and their replanting per a planting plan in a more appropriate location when it is no feasible to retain trees on small or sloped lots, resulting in more tree canopy in the long term. . Provide for off-site replacement of trees or a payment of a fee-in-lieu where it is not feasible to retain or replace trees on-site. . The current tree preservation requirements are not the "best management practice" (BMP) with regard to tree preservation. This may be contributing to trees not ultimately surviving site development. · There are no meaningful penalties for illegal tree/vegetation removal. . The significant tree requirements do not address the issue of trees/vegetation on adjacent property. Therefore, trees on adjacent properties are often damaged and/or killed as a result of site development. . Tree and vegetation retention/replacement requirements need to be coordinated with utility providers. Planning Commission Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments File #08-103248-00-UP Page 2 III. SUMMARY OF PROPOSED AMENDMENTS The Community Development Services Department staff is proposing text amendments to the Federal Way City Code (FWCC) Chapter 20 "Subdivisions" and Chapter 22, "Zoning" (refer to Exhibit A). The principal purpose of the amendments is to better address the impacts of clearing and grading activities, including tree and vegetation removal within the City of Federal Way. The proposed text amendments have been developed based on staff evaluation of existing code language relative to resulting development and community dissatisfaction with site development practices. Staff researched model clearing, grading, and tree/vegetation retention code language from other jurisdictions and also reviewed model Low Impact Development (LID) code language pertaining to clearing, grading, and tree/vegetation retention developed with assistance from the Puget Sound Partnership. In 2008, the City of Federal Way received an LID grant from the Puget Sound Partnership. As part ofthe work funded by the grant, the City's LID grant technical assistant, AHBL, has provided input relating to tree/vegetation retention that has been incorporated into the proposed code amendments. Some of the key provisions of the proposed code amendments include: . Consolidation of existing code sections that deal with clearing and grading and tree/ vegetation retention into one new article of the zoning code. . Clearing, grading, and tree/vegetation retention plans are reviewed and approved in conjunction with the underlying permit required for the proposed development activity. . More flexibility in mass grading with an emphasis on results. For example: limits of grading area may be greater than the area of infrastructure construction. However, there will be greater control on the timing of site clearing with relation to site development, as well as emphasis on less overall alteration of the natural topography. . Lot size averaging and cluster development will be required for residential subdivisions on sloped sites in order to reduce disturbance to natural site conditions. . The existing "significant tree preservation" requirements contained in the "Landscaping" article of the code are replaced with a "tree units per acre" standard that allows credit for all trees in good health that can be retained on site. In addition, where tree replacement is required to meet minimum tree units per acre requirement, there is greater flexibility in the size of replacement trees. . Flexibility in meeting tree replacement requirements by allowing off site and/or fee-in-lieu payment where the development site cannot support the required number of tree units. . The proposed new clearing, grading, and tree/vegetation retention division of the zoning code includes proposed language for taking over Type IV Forest Practices Permits for conversion of forested land to developed land. . Provisions for protection of on- and off-site vegetation that is to be retained, as well as new code sections containing maintenance and monitoring provisions for up to three years. . Specific penalties for unauthorized tree removal/damage. . Coordination with utilities is specified and approval required prior to proceeding with site work. IV. DESCRIPTION OF PROPOSED AMENDMENTS TO FWCC CHAPTER 20 "SUBDIVISIONS" AND CHAPTER 22, "ZONING" Provided below is a description of amendments proposed. Refer to Exhibit A for the full proposed text amendments. The reader is directed in particular to the proposed new zoning code article Planning Commission Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments File #08-103248-00-UP Page 3 entitled "Clearing, Grading, and Tree and Vegetation Retention." The remaining proposed code amendments are largely in support of the proposed new zoning code article. Chapter 20, "Subdivisions" 1) Amendments a) Article II, "Plats" b) Article III "Design Criteria" c) Article IV "Improvements" 2 Staff Analysis of Subdivision Code Amendments a) Article II "Plats" is modified to include requirement that a clearing and grading and/or tree/vegetation plan is to be submitted as part ofthe preliminary plat and short plat applications. b) Amendments are proposed to the existing cluster subdivision design criteria to remove the restriction that cluster subdivisions are not permitted on lots with 15% or greater slope, and to reference requirements for tree retention consistent with the proposed new tree retention requirements. c) Proposed amendments to Article IV "Improvements" would simply remove existing language that pertains to vegetation retention and landscaping as these requirements are contained in the proposed new "Clearing, Grading and Tree and Vegetation Retention" article of Chapter 20, "Zoning." Chapter 22, "Zoning" 1) Amendments a) Article I, "In General" b) Article II "Administration" c) Article XIII, "Supplementary District Regulations" d) Article XVII "Landscaping" e) Article XIX "Community Design Guidelines" f) New Article entitled "Clearing, Grading and Tree and Vegetation Retention" 2) Staff Analysis of Zoning Code Amendments a) Proposed amendments pertain to definitions. The existing definition for "average building elevation" is replaced with a new definition of "average building height." The new definition measures building height from finished grade and allows for measuring building height in building segments where buildings step-up or -down a sloped site. Definitions are also proposed for "building segment," "clearing," "critical root zone," "cut," "fill," "grading," "invasive species," "tree," and "vegetation." Existing definitions for "land surface modification" and "significant tree" are proposed to be deleted as references to them are proposed to be deleted in the amended code. b) Amendments to Article II "Administration" delete the reference to the requirement for a "significant tree inventory and retention plan" and replace it with a requirement for a "clearing and grading plan" and a "tree/vegetation retention plan." c) Amendments Article XIII "Supplementary District Regulations" remove text and chart related to planting requirements for certain trees as it is proposed to be moved to Article Planning Commission Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments File #08-103248-00-UP Page 4 XVII "Landscaping." The entire text in Division} "Land Modifications" is deleted as this is proposed to be covered in the new "Clearing, Grading, and Tree and Vegetation Retention" article. Finally, Division 9 "Yard Requirements" is amended to reference the design standards for rockeries and retaining walls contained in the proposed new "Clearing, Grading, and Tree and Vegetation Retention" article. d) Amendments to Article XVII "Landscaping" would delete references to significant trees as this section would be replaced with new tree retention requirements in the new article entitled "Clearing, Grading, and Tree and Vegetation Retention." e) Amendments to Article XIX "Community Design Guidelines" are for consistency with proposed code amendments. f) This new article, pages 12-29 of Exhibit A, represents the bulk of the proposed code amendments. This section consolidates components of Chapter 20 "Subdivisions" and the current "Land Surface Modifications" division of Article XIII of Chapter 22, "Zoning" as well as related sections in Article XVII "Landscaping." This new article establishes the clearing, grading, and tree/vegetation retention requirements, specifies the review process, and incorporates Class N Forest Practices permit requirements. This new article also clarifies City expectations with regard to timing of clearing and grading related to site development activity, establishes requirements for development on slopes of 15% or greater, establishes design standards for retaining walls, establishes vegetation protection standards, maintenance and monitoring of retained vegetation, and penalties for unauthorized tree/vegetation removal. V. PROCEDURAL SUMMARY September 19,2007 November 7,2007 January 16, 2008 February 25, 2008 October 25,2008 October 22, 2008 Planning Commission Study Session Planning Commission Study Session Planning Commission Study Session; also incorporated a discussion panel made up of "interested parties," including representatives from the development community and utilities. LUTC Study Session Issuance of Environmental Determination of Non significance (DNS). No comments on the DNS have been submitted to the City by the date of issuance of this staff report. Public notice of the November 5, 2008, Planning Commission public hearing In addition to the required notice procedures, staff distributed copy of the draft code amendments to interested parties who participated in the Planning Commission study sessions on this topic and/or requested to be notified when draft code amendments were available for public review. VI. DECISIONAL CRITERIA FWCC Section 22-528 provides criteria for zoning text amendments. The following section analyzes the compliance of the proposed zoning text amendments with the criteria provided by FWCC Section 22-528. The City may amend the text of the FWCC only if it fmds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan; File #08-103248-00-UP Page 5 Planning Commission Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments The proposed FWCc zoning text amendments are consistent with the following goals and policies contained the Federal Way Comprehensive Plan (FWCP): LUG 1 Improve the appearance and function of the built environment. LUG3 Preserve and protect Federal Way's single-family neighborhoods. LUP6 Conduct regular reviews ofthe development regulations to determine how to improve upon the permit review process. LUP19 Consider special development techniques (e.g., lot size averaging, cottage housing, and planned unit developments) in single-family areas, provided they result in residential development consistent with the quality and character of existing neighborhoods. LUP20 Preserve site characteristics that enhance residential development (trees, water- courses, vistas, and similar features) using site planning techniques such as clustering, planned unit developments, and lot size averaging. HG 1 Preserve and protect the quality of existing residential neighborhoods and require new development to be of a scale and design that is compatible with existing neighborhood character. HP8 Consider the economic impact of all development regulations on the cost of housing. HP9 Maximize efficiency in the City's development review process and ensure that unnecessary time delays and expenses are eliminated. Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWCC, and that has no adverse impacts. HPI0 Encourage community input, where appropriate, into the development permit process by providing thorough and timely information to the public. HG3 Develop a Comprehensive Plan and zoning code that provide flexibility to produce innovative housing solutions, do not burden the cost of housing development and maintenance, and diversify the range of housing types available in the City. HP19 Increase the amount of undeveloped open spaces in both infill and new development parcels, by expanding the use of cluster development and allowing housing techniques such as lot averaging, and zero lot line standards. NEG 1 To preserve the City's natural systems in order to protect public health, safety, and welfare, and to maintain the integrity of the natural environment. NEP2 Preserve and restore ecological functions, and enhance natural beauty, by encouraging community development patterns and site planning that maintains and complements natural landforms. NEP18 The City shall maintain regulations and standards to carry out the Surface Water Management Comprehensive Plan's policy of restricting stormwater runoff from all new Planning Commission Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments File #08-103248-00-UP Page 6 development and redevelopment in order to minimize the potential for flooding and stream bank erosion, and preserve and enhance development and redevelopment. City policies, regulations, and standards will meet the comprehensive stormwater program requirements of the Puget Sound Plan, and will comply with NPDES permit requirements as applicable. CA13 (Countywide Planning Policy) All jurisdictions shall regulate development on certain lands to protect public health, property, important ecological and hydrogeological functions, and environmental quality, and to reduce public costs. The natural features of these lands include: a) Slopes with a grade greater than 40 percent; b) Severe landslide hazard areas; c) Erosion hazard areas; d) Mine hazard areas; and e) Seismic hazards. Regulations shall include, at a minimum, provisions for vegetation retention, seasonal clearing and grading limits, setbacks, and drainage and erosion controls. NEG9 Adopt standards to ensure against the loss of both public and private property in geologically hazardous areas. NEP54 Land uses on steep slopes should be designed to prevent property damage and environmental degradation, and to enhance open space and wildlife habitat. NEP55 As slope increases, development intensity, site coverage, and vegetation removal should decrease and thereby minimize drainage problems, soil erosion, siltation, and landslides. Slopes of 40 percent or more should be retained in a natural state, free of structures and other land surface modifications. PUP16 The City should, to the extent practical, work with utility providers in preparing a right-of-way vegetation plan that ensures that the needs of landscaping and screening are balanced with the need to prevent power outages. 2. The proposed amendment bears a substantial relationship to public health, safety, or welfare. The proposed FWCC text amendment bears a substantial relationship to the public health, safety, and welfare because it establishes more prescriptive standards for clearing, grading, and retention of trees and vegetation during land development activities. Implementation of proposed code amendments will result in development that gives better consideration for natural site conditions and greater amount of tree and vegetation retention on a citywide basis. 3. The proposed amendment is in the best interest of the residents ofthe City. Approval of the proposed code amendment would benefit the City as a whole as site development proposals would be required to more cohesively address proposed site clearing and grading and tree/vegetation retention as part of the permit review process. Proposed standards related to clearing and grading and utilization of rockeries and retaining walls would provide for better aesthetic treatment of sites, less dramatic alteration of natural site conditions, and greater consideration for off-site impacts. All new developments (except for within the City Center Core and Fame) would be required to establish a minimum number of tree units per acre that would result in a more predictable amount of tree canopy retention on a citywide basis. Retention of tree canopy provides an aesthetic and economic benefit, as well as serving to reduce sound transmission, clean the air, and help reduce stormwater runoff. Planning Commission Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments File #08-1 03248-00-UP Page 7 VII. PLANNING COMMISSION REVIEW AND ACTION Pursuant to FWCC Section 22-520(b), the City Council may review City-initiated changes to the text ofthe zoning code from time to time at the Council's discretion. The Planning Commission is being asked to review the proposed changes to the subdivision and zoning code and forward a recommendation to the City Council. FWCC Chapter 22, Article IX, "Process VI Review," establishes a process and criteria for zoning code text amendments. Consistent with Process VI review, the role of the Planning Commission is to review and evaluate the zoning code text regarding any proposed amendments, to determine whether the proposed zoning code text amendment meets the criteria provided by FWCC Section 22-528, and to forward a recommendation to City Council regarding adoption of the proposed zoning code text amendment. Consistent with the provisions ofFWCC Section 22-539, the Planning Commission may take the following actions regarding the proposed zoning code text amendments: 1) Recommend to the City Council adoption of the FWCC text amendments as proposed; 2) Modify the proposed FWCC text amendments and recommend to the City Council adoption of the FWCC text amendments as modified; 3) Recommend to the City Council that the proposed FWCC text amendments not be adopted; or 4) Forward the proposed FWCC text amendments to the City Council without a recommendation. VIII. STAFF RECOMMENDATION Based on the above staff analysis and decisional criteria, staff recommends that the amendments to FWCC Chapter 20, "Subdivisions" and Chapter 22, "Zoning," as presented in Exhibit A to the staff report be recommended for approval to the City Council. EXHIBITS Exhibit A: Proposed Amendments to FWCC Chapter 20, "Subdivisions," and Chapter 22, "Zoning," pertaining to Clearing, Grading, and Tree and Vegetation Retention. Report prepared by: Janet Shull, AICP, Senior Planner K:\2008 Code Amendments\Trees, Vegetation, & Grading\Planning Commission\llOS08 Public Hearing\LUTC StaffReport.docx Planning Commission Staff Report Clearing, Grading, and Tree and Vegetation Retention Code Amendments File #08-103248-00-UP Page 8 EXHIBIT A CLEARING/GRADING AND TREE RETENTION CODE AMENDMENTS (Note, changes made from the State Environmental Policy Act (SEPA) version are indicated by italics and double underline or 3trik8f3~lt.) Federal Way City Code, Chapter 20, Subdivisions Article II, Plats, Division 8, Short Subdivision Plats 20-83 Content and form of application. (a) An application for approval of a short subdivision shall be made to the department of community development services upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property encompassed by the application or by a duly authorized agent. The owner or owners of all parcels to be included must join in or be represented in the application. (b) The application shall include seven prints of the proposed short subdivision drawn to a scale of one inch represents 50 feet or larger, and should be accompanied by the following information: (1) Proposed name ofthe plat. (2) Location by section, township, range, and/or by other legal description. (3) Name, address, and phone number of developer. (4) Name, address, and phone number of each property owner. (5) Name, address, and phone number of registered land surveyor. (6) Scale of drawing, date, and north point. (7) Existing topography of the land indicated by contours of two-foot intervals for slopes less than 20 percent and five-foot intervals for slopes of20 percent or greater. (8) Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include, but are not limited to, streams, wetlands, views, significaRt stands of trees, and water bodies to the extent that significant natural features and/or their associated buffers affect the proposed short subdivision. (9) Preliminary clearing and grading and tree/vegetation retention plan consistent with the requirements of Article XXx. Clearing. Grading. and Tree and Vegetation Retention. (9 10) Comprehensive plan and zoning classification of the proposed short subdivision and adjoining properties. (.w 11) Adjacent common ownerships and the land or lot divisions of adjoining properties not in common ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. (.J-l. 12) Location, widths, and names of existing or prior platted streets, railroad or utility rights- of-way or easements, access easements, slope easements, parks and other public spaces, and existing permanent structures to be retained within and adjacent to the proposed short subdivision. Where the property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed short subdivision. (+2-11) Existing and proposed water, sewer, and drainage utilities on, under, or over the land showing size, grades, and location. (H 14) Layout of proposed streets, pedestrian walkways, and easements. (+4 U) Layout, number, lot sizes, and dimensions of proposed lots. (# 16) Parcels of land intended to be dedicated for public use, or reserved for use of owners of the property in the short subdivision. Clearing/Grading and Tree Retention Code Amendments Page 1 (+e 17) Building setback lines. (++ ll) The location and size of all ditches, culverts, catchbasins, and other parts of the design for the control of surface water drainage. (+& 19) Typical roadway sections. (1-9 20) Total acreage of the site platted prior to creation of any lots, tracts, or other dedications. (;!G 21) Acreage precluded from development due to the presence of critical areas, including: wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered by critical areas regulations. (U 22) Acreage dedicated for public rights-of-way (for both newly created streets and expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for the purpose of providing access to lots. (~23) Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities. (~W Net plat area, which is gross plat area minus critical areas, rights-of-way, and public purpose lands. (~ 25) Vicinity map indicating the proposed short subdivision's relation to the area. (~ 26) A copy of the current county quarter section map for the appropriate area. (~27) If applicable under FWCC 18-141 et seq., completed checklists or otherrequired environmental documentation. (;;;+ 28) The fee established by the city. The application shall not be accepted unless it is accompanied by the requested fee. (~29) Additional information as required at the discretion of the director. (Ord. No. 90-41, ~ 1(16.150.10 -16.150.30), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07) Article II, Plats, Division 9, Preliminary Plat 20-111 Content and form of application. (a) An application for approval of a preliminary plat shall be made to the department of community development services upon forms furnished by the city. Applications shall be made by the owner or owners of the parcel or parcels of all property encompassed by the application or by a duly authorized agent or agents. The owner or owners of all parcels to be included must join in or be represented in the application. (b) The survey of the proposed subdivision and preparation of the plat shall be made by, or under the supervision of, a registered land surveyor who shall certify that it is a true and correct representation of the lands actually surveyed. (c) The application shall be accompanied by the following information: (1) Ten prints of the proposed preliminary plat drawn to a scale of one inch represents 100 feet or larger. The preliminary plat drawing shall include the following specific information: a. Proposed name of the plat. b. Location by section, township, range, and/or by other legal description. c. Name, address, and phone number of developer. d. Name, address, and phone number of each property owner. e. Name, address, and phone number of registered land surveyor. f. Scale of plat, date, and north point. g. Existing topography of the land indicated by contours of two-foot intervals for slopes less than 20 percent and five-foot intervals for slopes of20 percent or greater. h. Location and extent of significant natural features on and immediately adjacent to the site. Such features shall include but are not limited to streams, wetlands, views, sigaifieant stands of trees, and Clearing/Grading and Tree Retention Code Amendments Page 2 water bodies to the extent that significant natural features and/or their associated buffers affect the proposed preliminary plat. i. Preliminary clearing and grading and tree/vegetation retention plans consistent with FWCC Article XXX. Clearing. Grading and Tree and Vegetation Retention. ii. Comprehensive plan and zoning classification of the proposed plat and adjoining properties. H~. Adjacent common ownerships and the land or lot divisions of adjoining properties not in common ownership for a distance of at least 100 feet around the perimeter of the property proposed for subdivision. k 1. Location, widths, and names of existing or prior platted streets, railroad or utility rights- of-way or easements, parks or other public spaces, or existing permanent structures to be retained within and adjacent to the proposed plat. Where the property had been previously subdivided, the original lots, blocks, streets, easements, etc., shall be shown in dotted lines in scale with the proposed plat. t m. Existing and proposed water, sewer, and drainage utilities on, under, or over the land showing size, grades, and location. 1ft n. Layout of proposed streets, pedestrian walkways, and easements. D o. Layout, number, lot sizes, and dimensions of proposed lots. e Jh.Parcels of land intended to be dedicated for public use, or reserved for use of owners of the property in the subdivision. P .Q.,. Building setback lines. EI ~ The location and size of all ditches, culverts, catchbasins, and other parts of the design for the control of surface water drainage. f ~ Typical roadway sections. s 1,. Total acreage of the site platted, prior to creation of any lots, tracts, or other dedications. t u. Acreage precluded from development due to the presence of critical areas, including: wetlands, streams, steep slopes, and other features (along with buffers), broken out by category, covered by critical areas regulations. \! v. Acreage dedicated for public rights-of-way (for both newly created streets and expansions of existing streets), as well as private tracts, alleys, and ingress/egress and utilities easements created for the purpose of providing access to lots within subdivisions. >;- .Q.,. Acreage of tracts (or other areas) dedicated for retention/detention/drainage facilities, open space and parks, or other on-site public facilities. w x. Net plat area, which is gross plat area minus critical areas, rights-of-way, and public purpose lands. *' y:. Vicinity map indicating the proposed subdivision's relation to the area. (2) A copy of the current county quarter section map for the appropriate area. (3) A list of the names and addresses of all owners of real property, as shown by the records of the county assessor located within 300 feet of any portion ofthe boundary of the proposed subdivision and any adjoining real properties owned by the owners of the lands proposed to be subdivided. If the owner of the property which is proposed to be subdivided owns adjacent property, the addresses of owners of property located within 300 feet of any portion of the boundaries of such adjacently located parcels must also be provided. (4) Three sets of stamped envelopes with address labels for all owners described in subsection (c)(3) of this section. (5) One II-inch by 17-inch reduced paper copy of the preliminary plat map. (6) If applicable, a phasing plan, showing divisions of the plat and a proposed timetable for construction of each division. (7) A complete environmental checklist pursuant to environmental policy, FWCC 18-26 et seq. Clearing/Grading and Tree Retention Code Amendments Page 3 (8) Preliminary plat certificate not less than 90 days old from a licensed title insurance company. (9) Additional information as required at the discretion ofthe director of community development services. (d) Upon submittal of the preliminary plat application, the applicant shall tender payment of required fees. Such fees shall be determined according to a standard fee schedule approved by the city council. The purpose of such fees is to defray the city's cost in processing the application. (Ord. No. 90-41, ~ 1(16.50),2- 27-90; Ord. No. 97-291, ~ 3,4-1-97; Ord. No. 98-309, ~ 3, 1-6-98; Ord. No. 07-554, ~ 5(Exh. A(2)), 5-15-07) Article III, Design Criteria 20-154 Cluster subdivision. (a) Purpose. The term cluster subdivision applies to both long and short subdivisions. The purpose of cluster subdivisions is to provide design flexibility, sensitivity to the surrounding environment, and innovation consistent with the site and the comprehensive plan; promote compatibility with housing on adjacent properties through lot size and design; promote affordable housing; promote reduction of impervious surface; aR:Ei promote usable open space~ and promote the retention of native vegetation. (b) Standards. (1) The gross land area available for cluster subdivisions must be a minimum of two acres. (2) Lots created in a cluster subdivision may be reduced in size below the minimum required in Chapter 22 FWCC, up to one-half of the size of the underlying zoning requirement, but in no case smaller than 5,000 square feet, per lot; provided, that minimum setback requirements are met. This provision cannot be used together with FWCC 22-976(d)(l) (affordable housing bonus). (3) When the cluster subdivision abuts a single-family zoned neighborhood, the lots in the proposed development immediately adjacent shall be no less than the neighboring lot size, or the underlying zoning minimum lot size minus 10 percent, whichever is smaller. (1) Ch:lster lets may Rat be created on s10fles of 15 pereeRt or greater. Slopes are ta be measured in their Batural state. Refer to FWCC 22-XX16 for additional develovment standards for sites with sloves of J 5% or czreater. (M) Open space. a. Open space created through cluster subdivisions shall be protected from further subdivision or development by covenants filed and recorded with the final plat of the subdivision. b. Any subdivision created by this section must provide all open space on-site and it must be all usable except up to five percent can be buffer. c. All usable open space must be readily identifiable with the development and easily accessible by the residents. Usable open space should be the central focus and an amenity for the project. (6~) Cluster subdivisions can be constructed with zero lot lines under the following conditions: a. No more than two units shall share a common wall. b. Zero lot line cannot occur in zones ofRS 9.6 or greater. c. Each dwelling unit shall be built to respect privacy of abutting homes. d. Zero lot line development cannot exceed 10 percent of the lots proposed unless it is in a multifamily zone. e. Each unit shall be intended for owner occupancy. (+Q) Cluster lots are not eligible for accessory dwelling units under FWCC 22-613 or 22-648. (c) Approval criteria. The innovative or beneficial overall quality of the proposed development shall be demonstrated by the following criteria: (1) The subdivision provides innovative development, otherwise not allowed, but which promotes the goals of the comprehensive plan for architectural compatibility with single-family housing on adjacent properties. Clearing/Grading and Tree Retention Code Amendments Page 4 (2) The subdivision results in 15 percent common open space of which at least 10 percent ofthe gross land area must be usable on-site open space, which is identified with the development and easily accessible to residents. (3) Native tree retention in accordance with FWCC 22-XXXX. (Jj ill Cluster lots immediately adjacent to existing neighborhoods have incorporated design elements through lot size and architecture to be compatible as approved by the community development services director. t41 ill The cluster subdivision will not result in destruction or damage to natural, scenic, or historic features. ~ (Q) Each dwelling unit shall meet the design standards in the FWCC community design guidelines for cluster subdivisions. (Ord. No. 90-41, S 1 (16.240.10 -16.240.30),2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 98-309, S 3,1-6-98; Ord. No. 98-330, S 3,12-15-98; Ord. No. 01-381, S 3,1-16-01; Ord. No. 07- 554, S 5 (Exh. A(2)), 5-15-07) Article IV, Improvements 20 179 R-eteotioR of ngetatioo. (a) fJl aaWral'/egetatioR shall be retaiaed oa the site to be subdi'/ided eKeept that whieh ','/ill ee removed f-or improvements er gading as sho\"q:} on approved eagiReeriRg plaas. Fer zere let liRe towahouse de'/elopment, clearing and gading shall be allowed to aeeommodate the eonstmetien of the building(s). If development is to be phased, clearing and gradiag shall alse be phasea..\ prelimiRaf)' eleariag and grading plan shall be sl:lbmitted as part ef preliminary plat applieatioa. (b) Existing mature vegetations shaH be retaiRed to the maximum eKteRt pessible. Preservatien of significaRt trees pursl:laRt to FWCC 22 1568 shall atlply solely to the ae'/elopmeRt ef each single family lot at the time a builaing permit is applied for. (c) Lots created on slepes ef 15 percent or geater shall miRimize grading and shall net result iR extensive Hse of retaiRiRg Y/alls. Slopes Me to be measl:lfed iR their aatural state. (Ora. Ne. 99 <11, ~ 1(16.290),227 90; Ord. No. 97 291, ~ 3,4 1 97; Ora. N€). 98 330, ~ 3, 12 15 98; Or.a. Na. 07 554, ~ 5(Exh. 1'.(2)), 5 15 (7) _(d) Where safe and feasible, the meanaering of streets aR<lIor siae.....<allcs arel:lfld significaRt trees is encoHraged. (e) .^JI street trees and other plantiags shall be installed iR cORfermaaee with standard laadseilf)iRg practices and v/ith appropriate eity guiaeliaes aad regalatioas. (Ord. }>Io. 99 41, ~ 1(16.369.19 16.369.40),2 27 90; Ord. No. 97 291, ~ 3, <1 1 97; Ora. Ne. 07 554, ~ 5(EJili. i^.(2)), 5 15 (7) 29 186 Laodseapiag proteetioo aRd eohaoeemeRt. (a) A landseape plan prepared by a licensed laadseape architeet shall be suemitted with each application for a laRd di'/isioR. The plan shall identify eKistiRg wooded areas, significaRt trees, meadows, rock outcroppiBgs, and other landseape features. The plan shall also shoVI proposed buffers, open spaces, street trees, and other omameRtallandseaping. (b) Sigaificant trees, as defiaed iB Chapter 22 FWCc, Zoaing, shall be ideRtified, except for those to be removed in areas to be impro'/ed or graded as shown on the atlplieation f-or a land division. During construetioa of improvemeats and permitting of buildings, protection teehniql:les, as reql:lired ia chatlter 22 FWCc, Zoning, shall be l:lsed to protect the ideRtified trees from harm or destruetion, and to restore trees damaged or lost. Significant trees to be preserved shall be visibly marked by flaggiag. (c) Where safe and feasible, the meandering of streets aad/or side'.valks arol:lRd signifieant trees is encol:lraged. (d) .^JI street trees aad other plantings shall be installed in eonformaace with standara landscilf)ing practices and v:ith appropriate eity guidelinos and regl:llations. (Ord. Ne. 99 41, ~ 1(16.360.19 16.369.<19),2 27 90; Ord. No. 97 291, ~ 3, <1 1 97; Ord. No. 07 551, ~ 5(Em. .'\(2)), 5 15 (7) Clearing/Grading and Tree Retention Code Amendments Page 5 Chapter 22, Zoning Article I, In General 22-1 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: Average building height CkW:ltieFl (ABHE) means a referenee datum on a subjeet property Hem whieh bl:lilding height is measured. ABE is the a'/efage ef the highest and lo\vest existiRg or propesed ek1'lations, whiehe'/er is lowest, taken at the base of the exterior vialls of the struemre; providea, that ,A1BE shall not Be greater than five feet above the lowest existiag or proposed eleyatioR. the vertical distance measured from the average elevation of the finished grade around the building or building segment to the highest point of a flat roof. or to the mean height between the eaves and ridge of a pitched roof. ~.8d:--------- ------- ---------: llui1o#llli i .......... . .-.W'- . . . . . . . . . , . . ! ! . , , , . , . . , , _____1 ~ Rei!:.....oe: Hghest a.wtion datum (ABE) e._ Building sef!Tnent means that portion of a terraced building on a sloping site which has a separate roof line or finished floor elevation with a grade change of at least four feet Clearing means the destruction and removal of vegetation by manual. mechanical. or chemical methods. Critical root zone shall be defined as: an area equal to 12 inches radius for everv one inch of tree diameter measured at four and one-half feet above ground. Cut means a portion of land surface or area from which earth has been removed or will be removed by excavation. Also known as excavation. Fill means deposition of earth materials bv artificial means. Grading means altering the shape of ground surfaces to a predetermined condition~ this includes stripping. cutting. filling. stockpiling and shaping or anv combination thereof and shall include the land in its cut or filled condition. Invasive species means non-native species of plants or animals that out-compete native species in a specific habitat. Lemd s'lHfocc medijieGltieFl means the eleariag or removal of trees, shrubs, gro\:laGco'ler and other yegetatioa and all grading, exeavation and filling aeti'/ities. Landscaping means the planting, removal and maintenance of vegetation along with the movement and displacement of earth, topsoil, rock, bark and similar substances done in conjunction with the planting, removal and maintenance of vegetation. Significant natural vegetation means any area containing a concentration of significant trees; any area of significant biological importance; and any area containing dense, mature, native vegetation. Signi.ficemt ""cos. ..A1 "sigaificant tree" shall be defiRed as: (1) TwelYe inehes in diameter or 37 inches in eircl:iffiference measured fear and ORe half feet abeve grol:lad; and (2) In geod health; and Clearing/Grading and Tree Retention Code Amendments Page 6 (3) Not detrimental to the community (e.g., is not diseased, dying, or likely offalliRg iRto public opea space or right of '....ay, ete. as determined by a licensed arborist or f-orester) or obselli"iBg safe sight distance requirements. Sigaificant trees shall not include red alder, cottonwood, poplar or big leaf maple. Topsoil means the uppermost strata of soil containing a large percentage of organic materials and which is capable of providing suitable nourishment for vegetation. Tree means any self-supporting perennial woody plant characterized by one main stem or trunk of at least six inches in diameter measured four and one-half feet above ground. or a multi stemmed trunk system with a definite crown. maturing at a height of a least six feet above ground level. Vegetation shall include grasses. legumes. groundcover. trees. and shrubs. 22-33 Development application submittal requirements. (a) Generally. All projects which require a determination to be made as to whether a complete application has been submitted must at the minimum provide the information contained within this section. The submittal requirements are not intended to determine if an application conforms to city of Federal Way codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. (b) Contents. The following comprise the contents of a complete application for the purposes of this section: (I) Master land use application. (2) Application fees as set out in the adopted fee ordinance. (3) Copy of underlying plat or King County assessor's parcel map. (4) Statement of architectural design intent, finish materials, and colors sufficient to meet the intent of Article XIX, Community Design Guidelines. (5) Vicinity map. (6) Current letters of water and sewer availability (only required for vacant property). (7) Two copies of current title report for subject property. (8) Eight complete and bound sets of drawings. Minimum drawing set shall include a topographic survey, site plan, preliminary drainage and grading plan, preliminary landscape plan, and building elevations. All submitted plans should be folded to 8-1/2 by 11. Maximum plan sheet size shall be 24-by- 36 inch. Further reductions may be requested for public hearing purposes. A list containing detailed requirements for the contents of each of these plans is available at the department of community development services. a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet and allow all information to be readable. All plans except building elevation drawings must be at the same scale. b. Design drawings for building permits, including civil drawings, must be at an engineering scale of one inch represents 20 feet. c. If the development proposal has a value of $75,000 or greater, the site survey, site plan, preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a certified professional licensed in the state of Washington. The survey shall be prepared by a certified land surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a Washington State licensed landscape architect. Clearing/Grading and Tree Retention Code Amendments Page 7 (9) Site photographs from each compass point (north, east, south, and west) must be referenced on the site plan. (10) Eight copies of the completed, signed, and dated SEPA checklist. (11) List of addresses of all property owners within 300 feet of the boundary of the proposed project (please refer to the city's bulletin titled "Procedures for Obtainiag Mailing Labels"). (12) Stamped envelopes addressed to all property owners within 300 feet ofthe boundary of the proposed project, with return address of the City of Federal Way, Department of Community Development Services, 33530 First ',"'lay South, Federal Way, W ^ 98(}03 (please refer to specific process, whether process III, N, or V for the number of sets of envelopes to be provided). (13) Four copies of each special study that may be required (please contact the department of community development services to determine which studies are required for a specific project). Below are special studies that may be necessary with the site plan application. If special studies are required, please provide four copies. a. Level one downstream storm drainage analysis as described in the 1990 King County Surface Water Design Manual (KCSWDM) as amended by Federal Way. b. Detailed narrative on the relevance of the core and special requirements of the 1990 KCSWDM. c. Traffic impact analysis. d. Parking study. e. Soil study. f. Geotechnical study. g. Wetland delineation and/or wetland mitigation plan. h. Stream delineation. i. Sigaificant tr-ee ilTventory ana reteRtion plan. i. Clearing and grading plan pursuant to FWCC. Section 22-XXX5 j. Tree/vegetation retention plan pursuant to FWCC. Section 22-XXX5 (14) Any additional information or material that the director of community development services determines is reasonably necessary for a decision on the matter. (Ord. No. 97-291, ~ 3,4-1-97) Article XIII, Supplementary District Regulations 22 962 PlaRtiRg re(;).uiremeRts far eertaiR trees. (a) The follO',"'Iing types of trees may not be planted eloser than the listed minimum plantiRg distance to rights of way or sewers: - +rees MiBimam Planting Distanee fB Ailathus altisinia (Tree ofHea-ven) W ~ Catalpa W ~ Cettc:lBwood 4Q! €41 Juglamlls nigra (Blaek Walnut) W ~ Platarnls (Plane, Sycamore) 4Q! ~ Popalus (Poplars) 4Q! fA Salix (Willo\ys) W 00 Tilia amerieana (Basswood) W f9j Ulmus (Elm) 4Q! Clearing/Grading and Tree Retention Code Amendments Page 8 (b) Ia addition to aR-Y other enforeemeat mechanism or }genalty coRtained v/ithin or authorized by this chapter, any person '/iolating this provision is responsible f-or any damage eaused by the tree or trees. (Ord. No. 90 43, ~ 2(115.140),22790) DivisioR 7. LaRd ModifieatioRs 22 1091 CeReral previsions. (a) Geaeral. The applieaat shall comply with this seetion with respeet to alllaIld sarfaee modifications. The reql:liremeRts ofchatlter 22 FWCc, ,A~rticle XN, critieal Areas, shall govern for fill ocelHTiag in eritieal aCJ.uifer reeharge areas aad wellhead proteetion areas. (b) Nature offill materials. All materials used as fill must be RondissolYiBg aRd aonaeeomposiBg. Fill materials must not eOR-tain erganie 0r inorganie material that would be detrimental te water Eluality or existing habitat or create any other signifieant adverse impaets to the eR-'/ireRmeat. (Oni. No. 99 43, ~ 2(115.75(1), (2)), 22799; Or4. No. 90 77, ~ 3(115.75(1), (2)), 12 11 99; Ora. No. 94 4G&, ~ 3, 11 Hi (4) 22 1092 Bonds. The eity may require the fello'lIing bonds for any laRa surfaee meaification appre'led by er UBaer this di';ision: (1) LA,. performanee bond to guarantee that the land sarfaee modifieatieR ','.'ill eORfoffil to eity standards and reElHffements. (2) ,A~ maintenanee bond for the stability ofthe work and the preservatioa of vegetation. (Ora. Na. 90 43, ~ 2(115.75(5)),22790; Ora. No. 99 77, ~ 3(115.75(5)), 12 11 99; Ora. }Jo. 94 4G&, ~ 3, 11 IG (4) 22 109J Permitted outright. /'. land surface modifieatioR is permitted only if it: (1) Has beea atlproved as part of a ';alid developmeRt permit (exeept gt'aaiag permits issued Nader ehapter 79 of the eity's buildiRg eode), saadivisieR, or substantial ae'lelopmeRt permit; (2) Is fer eemetery graves; (3) Is in a right of way and authorized ia vmtiRg by the direetar of the department of public weFks; ( 1) Is for miaing, quarryiag, exeayatiRg, processing, stockpiliag ef roek, sand, gravel, aggregate or clay where a permit has been issued by the state departmeRt of RatuFal researees; (5) Is fer eKploratory excavations uader the direetioa of a professional engineer lieensed iR the state; provided, that the e-xteRt of the land surfaee medificatioR does not exceed the miaimum Reoessat)' to obtaia the desired information; (6) Is f-or aormal maiRtenance and repair ef the faoilities of a eommon earrier by rail in iRterstate commeree 'lIithiB its existiag right of way; (7) Is for excavations f-or utility service oeanectioas te serve existiag and/or aew straomres and is ol:ltside any area that is v/ithin thejl:lrisdietion of FWCC 22 1221 €It seq.; (8) Is for actians 'Nhich must be l:lndertalcen immediately, er within a time teo short to allow for complianee with the permit reql:liremeRts ofFWCC 22 1091, to wlaid an immiReRt threat to public health or safety; to prevent an immineat danger to pl:lblio er pri'/ate preperty; or te preveRt an immiReRt threat of serious eR-'/ironmental degradation. This determinatioa will be made by the direotor of eammHflity developmeRt; (9) Is for the removal of overhangiag vegetation and fire hazards er fer removal of blackberry vines or dead, dangerol:ls or diseased trees '.vhen authorized b~' the building offieial; (10) Is for plooemeRt offill on land owned or controlled by the city; (11) Is aD integral part of an ongoiag agrieultl:lral or harticultural use ea the saaject property; (12) Is eondl:leted oa praperty '.Wiich eoRtaias a detached dwelling unit and whioh, beeause of the size of the property or the loeation of the dwelling Hflit, eanRet be further sl:lbdividea or di'/iaed; er (13) Complies ,\Vith all of the f-ollov/iRg criteria: Clearing/Grading and Tree Retention Code Amendments Page 9 a. The subject property contains a permaneRt buildiag or an aetive use. b. The land sl:lrfaee modifieatioa will not ehange the points 'Nher-e the stormv.ater or groundwater enters or exits the sl:lbjeet property; and ""ill not ohange the quality, ql:lantity, or yeloeity of stormvl'ater or groandvI'ater. e. The land surfaee modificatioa is oms ide any area that is within the jurisdictioR ofFWCC 22 1221 et seq. d. Ia anyone year period, Rot more than 100 eubie yards of fill material is deposited on, exeayated and removed from or moved from plaee te place on the subjeet property. lithe subject preperty is larger than one aere, the limit is 100 cl:lbie yards within eaeh aere. e. No trees defiaed as sigaifieaRt: trees will be removed and ao vegetatioa '.vill be ramo'/ed if that '/egetation was required to be retaiaed by or t.ftraugB any deyelopmeRt permit issued Hader this chapter er any prior zoning eede. f. Ifthe subjeet property is two aeres or larger and has 20 perceRt ar mere of its area eO'/ered v..ith native '/egetatioR, the land surfaee modifieation will Rot remove mara than 20 pereeRt ef that Ratiye vegetatioa. The limitations ofthis subsection atlply to all land sl:lffaee medifieation ea the sabjeet property oyer time. g. The land sarfaee modifieatioa will not result iR mere than a !we foot inerease or eRe foot deerease in the a'/erage eleyatioa of the subjeet property, eompl:lted USiRg the elevation of the midpoiRt ef eaeh property line. (Ord. Ne. 99 43, ~ 2 (115.75(3)), 2 27 99; Onl. Ne. 90 77, ~ 3 (115.75(3)), 12 11 9(;); Ord. Ne. 04 468, ~ 3, 11 16 04) 22 1094 Diseretional1' approval. (a) GeReraUy. '^A land sarfaee lRedifieatiea that does aat meet the re(;).uirements afFWCc 22 1993 may be atlpre'/ed threugh proeess III. (b) Required information. In addition to the applieatioa material required in praeess III, F'NCC 22 386 et seq., the applieant must submit the f-ollowing: (1) .^. reeeRt survey of the sat3jeet property. (2).\. map showing the limits of the proposed lane sarfaee modifieatien; the loeation of utilities, easements, right of v,'ay improvemeRts and any area regulated Hflder FWCC 22 1221 et se(;).. that is oa or within 100 feet ef any area to be disturbed by the proposed land surfaee modificatioa. (3) .^. tree reteRtien plan. (-4) .\.R erosioa eoRtrol/-eoastrnctiea phase stelll'l-'.vater cORtrol plan. (5) 1'. soils report whieh eontains suffieient information to determiae the poteRtial impaets ofthe proposed land sl:lrface modifieation, as well as proposed measures to redl:lce or elimiRate these ilRpaets, all as determined by the city. (e) Deeisional criteria. The eity may appro';e the proposed laRd surface moaifieatioR if it eOlRplies '"lith the f-ollowing eriteria: (1) Except as allo'lIed l:lRder this ehB:fl1:er, it 'Hill not alter or aEhersely affeet streams, lakes, v,'etlands or sigaifieaRt trees, either on or off the subjeet property. (2) It will not '/iolate any express policy of the city. (3) It meets at least ORe ofthe f-ollowiag eriteria: a. It is neeessary to correct an erosion or drainage problem on an undeveloped site. b. It is neeessary to ereate Rew mility or aecess corridors. . c. Other l:lnl:lsl:lal circl:lfRstances e~dst whieh make it reasoRable to permit land sl:lrface modification in advanee of the issuanee of a deyelopment permit, subdi'/isiaa or short suMiyisioR approval ar shoreline substantial deyelopment permit. (Ord. No. 90 43, ~ 2(115.75(4)),22790; Ora. No. 90 77, ~ 3(115.75(4)),12 11 90; Ord. No. 00 375, ~ 23, 200Q; OrG. No. 01 468, ~ 3,11 16 (H) 22 1095 Tree aRa plaRt restoratiOR. If, duriag the land sl:lrface modifieation, any tree reEluired to be retaiRed or planted is damaged or destroyed, the atlplieant shall plant a tree ofthe same species at least five iRehes in diameter, as measured Clearing/Grading and Tree Retention Code Amendments Page 10 six inches about the top of the root ball if decidl:lous and at least 17 feet high if conif-orol:ls, iB the immediate vieiaity of the damaged or destroyed tree. The city may re(;).l:lire the applicant to remo'/e the damaged or destroyed tree. In addition, if the land surface modification destroys grol:lad60ver or shrubbery, the applicant shall hydroseed the bare soil and plant shrubs at least 21 inches in height in the immediate viciaity ofthe damaged or destroyed vegetation. (Ord. No. 90 13, ~ 2(115.75(5)),227 9Q; Ora. No. 90 77, ~ 3(115.75(5)), 12 11 90; Ora. No. 01 168, ~ 3, 11 Hi 01) Division 9, Yard Requirements 22-1133 Structures and improvements. 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: a. The rockery or retaiaiag wall is ROt beiRg used as a direet strHetafal S1:tf>f)ort for a majef improvemeR:t; and &!!. The rockery or retaining wall is reasonably necessary to provide support to a cut, fill or slope. b. The rockery or retaining wall also meets the requirements of FWCC 22-XXX et seq. (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, industrial-commercial, and office 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: a. The proposed structure is no more than eight feet high above finished grade; b. The maximum length ofthe facade ofthe 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. 90-43,92(115.115(3)),2-27-90; Ord. No. 00-375, 9 24, 2000; Ord. No. 07-559, 9 3(Exh. A), 7-3-07) Clearing/Grading and Tree Retention Code Amendments Page 11 New Zooin!! Code Article XXX, Clearin!!, Gradin!!, and Tree and Ve!!etation Retention Division 1. Purpose. Applicability. and Application Requirements 22-XXXl Purpose. The purpose of this Article is to: (1) To promote the public health. safety. and welfare of the citizens of Federal Way without preventing the reasonable development of land. (2) To promote building and site planning practices that are consistent with natural topography. soils. and vegetative features. and minimize disturbance to vegetation and soils. (3) To preserve and enhance the City of Federal Way's physical and aesthetic character by preventing untimely and indiscriminate removal or destruction of trees and vegetation. (4) To establish and maintain the urban tree canopy and its benefits including: i. Moderating the effects of wind and temperature~ ii. Stabilizing and enriching the soil~ Hi. Improving air quality~ iv. Improving water quality~ v. Masking unwanted sound~ vi. Providing visual relief and screening buffers~ vii. Providing recreational benefits~ viii. Enhancing the economic value of developments~ and ix. Preserving and enhancing a valuable asset to the community as a whole. (5) To establish procedures and review criteria for approval of Class N-General forest practices and establish a process for implementing development moratoria on properties that have been harvested in violation of forest practice requirements. (6) To encourage site development. including clearing. excavation. and filling in such a manner as to minimize hazards to life. health. and property. (7) To minimize surface water and ground water run-off and diversion which mav contribute to increased instability. sedimentation. or turbidity in streams. lakes. or other water bodies. (8) To minimize the need for additional storm drainage facilities. (9) To protect fish. wildlife. and their habitats bv promoting the retention and restoration of vegetation in habitat areas. (10) To insure prompt development. restoration. and replanting. and effective erosion control of property after land clearing and grading. 22-XXX2 Applicabilitv. (a) Clearing and Grading Plan ApTJroval Reauired. No person. corporation. or other legal entity shall make changes or cause changes to be made in the surface of any land by clearing. grading. filling. or drainage alteration in the City of Federal Way without first obtaining approval of a clearing and grading plan by the director~ except for those activities that are exempt as described in Section 22-XXX3(a). (b) Tree and Vegetation Retention Plan Approval Required No person shall remove any stand of trees on a site without first obtaining ap~roval of a tree retention plan bv the director~ except for those activities that are exempt as described in Section 22-XXX3(b). (1) Class IV Forest Practices Approval Required Tree and vegetation removal may also require Class IV Forest Practices permit approval as administered by the City of Federal Way per FWCC 22- XXXX et seq. (c) Application Review Process (1) Activities requiring clearing and grading plan approval~ tree and vegetation retention plan approval~ and/or Class IV forest practices application shall be reviewed and approved in conjunction with Clearing/Grading and Tree Retention Code Amendments Page 12 ~ under/vim! building or land development permit ap~lication associated with the proposed activity(ies ). (2) Proposed clearing. grading. and/or tree and vegetation removal activities that are not associated with a proposed building or land development activity. nor exempt per FWCC 22-XXX4. may be approved through Process III. subject to the following criteria: (D Except as allowed under this chapter. it will not alter or adverselv affect streams. lakes. wetlands. or significant trees. either on or off the subject property. (ii) It will not violate anv express policy of the city. (iii) It meets at least one ofthe following criteria: a. It is necessary to correct an erosion or drainage problem on an undeveloped site. b. It is necessary to create new utility or access corridors. c. Other unusual circumstances exist which make it reasonable to permit clearing. grading. and/or tree and vegetation removal in advance of the issuance ofa development permit. subdivision. or short subdivision approval. or shoreline substantial development permit. 22-XXX3.4 Exemptions. The following actions shall be exempt from the provisions of this article: (1 ) Digging and filling for cemetery graves. (2) Clearing and grading in a right-of-way authorized in writing bv the director of the department of public works for pothole and square cut patching~ overlaying existing asphalt or concrete pavement with asphalt or concrete without expanding the area of coverage~ shoulder grading~ reshaping/regarding drainage systems~ crack sealing~ resurfacing within in-kind material without expanding the road prism~ and vegetation maintenance. (3) Mining. quarrying. excavating. processing. stockpiling of rock. sand. gravel. aggregate. or clav where a permit has been issued by the state department of natural resources. (4) Exploratory excavations under the direction of a professional engineer licensed in the state~ provided. that the extent of the land surface modification does not exceed the minimum necessary to obtain the desired information. (5) Normal maintenance and repair of the facilities of a common carrier by rail in interstate commerce within its existing right-of-wav. (6) Excavations for utility service connections to serve existing and/or new structures and that is outside anv area that is within the jurisdiction of FWCC 22-1221 et seq. (7) Actions which must be undertaken immediately. or within a time too short to allow for compliance with the requirements of this article. to avoid an imminent threat to public health or safety~ to prevent an imminent danger to public or private property~ or to prevent an imminent threat of serious environmental degradation. This determination will be made by the director of community development services. (8) Clearing and grading actions that are an integral part of an ongoing agricultural or horticultural use on the subject property. (9) Clearing and grading actions that complv with all of the following criteria: a. The subject property contains a permanent building or an active use. b. The clearing or grading activity will not change the points where the stormwater or groundwater enters or exits the subject property. and will not change the quality. quantity. or velocity of stormwater or groundwater. c. The clearing or grading activity is outside anv area that is within the jurisdiction of FWCC 22-1221 et seq. d. Grading. filling. and excavation totaling less than 100 cubic yards or greater. Ouantities of excavation and fill are calculated separately and then added together to determine total excavation and fill. e. No trees or vegetation will'be removed if that vegetation was required to be retained by or through any development permit issued under this chapter or anv prior zoning code. Clearing/Grading and Tree Retention Code Amendments Page 13 22-XXX4 Application requirements. (a) In addition to the requirements of Section 22-32. a clearing and grading plan shall be submitted f8 and include. at a minimum. the information as described hereafter: (1) Name of person preparing the map. drawing or diagram submitted with the application. along with credentials if applicable. (2) Identification of existing slope depicting: areas with 0 to 15% slope~ areas with 15% to 40% slope~ and areas of 40% or greater slope. (3) Proposed grades. (4) Location of all existing and/or proposed structures. driveways. right-of-way improvements. utilities. and easements on the subiect property. (5) Designation of all wetlands. streams. and other critical areas regulated under FWCC 22- 1221 et seq. that is on or within 200 feet of anv area to be disturbed bv the proposed clearing and/or grading action. (6) Areas proposed for clearing and the proposed use for such areas. (7) Any proposed grade changes that might adversely affect or endanger trees on the property and/or adiacent properties. and specifications to maintain them. (8) A minimum of two cross sections of the site. drawn to scale. depicting the existing and proposed grade and anv proposed rockeries and/or retaining walls. The director mav also require a three- dimensional topographic model of existing and proposed topographic conditions. (9) Location and description of proposed erosion-control devices and structures. (10) A soils report that contains sufficient information to determine the potential impacts of the proposed clearing and grading. as well as proposed measures to reduce or eliminate these impacts. as may be required by the city. (b) When a tree/vegetation retention plan in accordance with this article is required. it shall be incorporated into the clearing and grading drawings and shall become part of all construction documentation. The tree/vegetation plan must be prepared by a certified arborist or a certified landscape architect and include the following information: (1) A statement outlining the purpose of any proposed tree removal (e.g. building construction. street or roadway. driveway. recreation area. patio. or parking lot). together with a proposed timetable for when the work will occur. (2) A tree survey that identifies the location. approximate size. species. and number of trees on the site and within 50 feet of the site. Clearing/Grading and Tree Retention Code Amendments Page 14 (3) A depiction of the spatial limits for tree/vegetation retention areas and detailed drawings of tree/vegetation protection measures. (4) A depiction of any new vegetated buffer areas to be established. (5) The manner in which the cleared areas on the property will be reclaimed with vegetation. specification of any required mitigation plantings. and a timetable for replanting. 22-XXX5 Modifications. (a) Purpose. The purpose of this section is to provide a process for requesting modification from the general standards specified in this article. The director of community development services shall have the authority. consistent with the criteria provided herein. to modify specific requirements. or impose additional requirements in unique of special circumstances to assure the fulfillment of the stated purposes of this article. One or more of the following shall be demonstrated to consider granting a modification: (1) There are no feasible and reasonable alternatives to the clearing and grading and tree/vegetation removal activity being proposed (2) The proposed activity will result in the same or less impacts than meeting the standards~ (3) Meeting the requirements creates an unacceptable life safety concern~ and lor (4) No reasonable use with fewer impacts is feasible and reasonable. (b) Modification submittal requirements. A request for modification shall: (I) Be submitted in the same form and according to the same terms as the required clearing and grading and/or tree and vegetation retention plan documents of this article and subject to the same enforcement requirements~ (2) Be clearly labeled as "Clearing and Grading and/or Tree and Vegetation Retention Modification Plan"~ (3) Clearlv delineate and identify the deviations requested from the provisions of this article~ and (4) Be approved by the director of community development services. 22-XXX6~ Review and approval of c1earlne. eradine. and tree/veeetation retention plans. (a) Review of plans required under this article shall be conducted as follows: (1 ) Where clearing and grading plans. and/or tree and vegetation retention plans mriJsr Claaa .!V JfJre(J! pI"tilZti38(J applisoomrs are required. the plans and/or aoplication shall be reviewed by the departments of public works and community development services. (2) Where the city determines that clearing and grading plans. and/or tree and vegetation retention plans. liImIJ8P CJ!I!Ya .!Vf(Jl"iJ8t jJl"'t1eH8$8 appliZMitJlt8 shall also be reviewed by the city's consultant( s). the applicant shall cover the cost of the third party review as required in accordance with the city's fee ordinance. (3) Where project sites contain or are adjacent to utility rights-of-wav and/or easements. the applicant must also secure written approval from the appropriate utility representative(s) for any required clearing. grading. and tree/vegetation retention plans. (b) Avproval and Notice to Proceed shall be required prior to undertaking any clearing. grading. and/or tree and vegetation removal actions pursuant to the requirements of this section. Issuance of approval and Notice to Proceed shall consider the following in addition to the (1) Clearing. grading. and tree/vegetation removal activities shall not commence until the applicant can demonstrate readiness to proceed with the site development work and complete such work in a time Iv manner. The following will be considered in determining readiness to commence clearing. grading and tree/vegetation removal activities: (i) The applicant shall have received plan approval for construction of required on-site infrastructure including. roadwavs. water. sewer. and stormwater facilities. (H) The applicant shall submit a proposed project time line that indicates completion of site development work and revegetation of site per approved revegetation and landscaping plans within 12 months of commencement of site work. Clearing/Grading and Tree Retention Code Amendments Page 15 (iii) Projects that will not be completed within 12 months of initial clearing. grading. and tree/vegetation removal activity shall be required to submit plans for interim aesthetic treatment of the site in its cleared and non-developed state that shall be subject to review under section (a) of this section. Methods for addressing site aesthetics in cases where a project will not be completed within a 12 month period may include: a. Phased clearing. grading. and tree/vegetation removal in conjunction with phased site development. b. Installation of permanent vegetation per approved plans in cases where vegetation can become established and will not be harmed during completion of site work and building construction. c. Temporary revegetation per an approved plan that provides screening of the site from neighboring properties and rights-of way. (c) Approval of Plans under this article shall be binding upon the applicant. Any proposed changes to approved clearing, grading. and/or tree and vegetation retention plans shall be resubmitted for review and approval subject to the applicable review process(es) associated with the permit(s) required. Division 2. Clearine: and Gradine Reeulations 22-XXX8 General provisions. (a) General. The applicant shall comply with this section with respect to all clearing and grading actions. The requirements of FWCC Chapter 22. Article XN. Critical Areas. shall govern for proposed clearing and grading actions occurring in all critical areas. (b) Nature offill materials. All materials used as fill must be nondissolving and nondecomposing. Fill materials must not contain organic or inorganic material that would be detrimental to water quality or existing habitat. or create any other significant adverse impacts to the environment. 22-XXX9 clearlne and eradine and land disturbance limits. (a) Clearing and grading activities for developments shall be permitted in coni unction with an approved site development plan (e.g. subdivision approval. site plan approval. etc.) that establishes permitted areas of clearing. grading. cutting and filling. When establishing permitted clearing and grading areas. consideration should be given to minimizing removal of existing trees and minimizing disturbance/ compaction of native soils. except as needed for building purposes. Permitted clearing and grading areas and anv other areas required to preserve critical or sensitive areas. buffers. native growth protection easements. or required tree retention areas shall be delineated on the site plans. (b) Prior to beginning clearing and grading activities. all clearing limits. sensitive areas and their buffers. and trees and vegetation that are to be preserved within and adjacent to the construction area shall be clearly marked. and protected per FWCC 22-XX22. to prevent damage. 22-XXIO Aesthetics. (a) Clearing and grading activities shall be undertaken in such a manner so as to preserve and enhance the City of Federal Way's aesthetic character. Important landscape characteristics that define the aesthetic character. such as trees. important vegetation species. and unique landforms or other natural features shall be preserved to the maximum extent possible. (1 ) All natural vegetation shall be retained on the site except that which mav 'Will=be removed ~ iHlpnr::!lfumf3 yr grwtliTJg as shown on approved engineering plans. (2) Clearing and grading shall minimize impacts to adjacent properties. and clearing. grading. and vegetation retention plans shall include protection measures for existing vegetation located on adjacent properties. (3) If development is to be phased. clearing and grading shall also be phased. Clearing/Grading and Tree Retention Code Amendments Page 16 (4) Minimal grading is essential to developing sites that are integrated into the natural environment. Roads should follow existing contours and grading should be minimized by the design of the site infrastructure and location of structures. (5) .J.f3gg 8karb~ ami gr~i1~ 3@!f!IJ.}or the purfJ3tJe [)f e3It1b!i3hb~jlgJt Building wt3 i3 n6t per-miNed. {(i5) Development on sites with slopes of 15 percent or ~eater shall comply with FWCC 22- XX 16 (Development of sites with slopes of 15% or greater) and shall minimize grading and use of rockeries and retaining walls. Slopes are to be measured in their natural state. 22-XX15 Cut and fill slopes. Cut and fill slopes shall be designed and constructed in a manner that will minimize erosion. In addition. slopes shall be stabilized in accordance with the requirements of this section. The applicant shall: (a) Submit a geotechnical report. prepared bv a geotechnical engineer. when required by the director of community development services and/or per critical area ordinance provisions for qualified professional reports. (b) Limit the maximum gradient of artificial slopes to no steeper than 33% or 3: 1 fthree (3) feet of horizontal run to one (1) foot of vertical fa1I1. unless otherwise modified per section 22-XXXX. Modifications. (c) Cut and fill slopes shall be designed and constructed in a manner consistent with the applicable requirements ofthe King County Surface Water Design Manual as amended by the City of Federal Way and FWCC Chapter 21. Surface and Stormwater Management 22-XX16 Clearine and eradine standards for sites with slopes of 15% or ereater. (a) Development in areas with slopes of 15% or greater tvoicallv requires higher volumes of cut and fill and greater removal of vegetation than on flatter lands. The provisions of this section are intended to specifically promote the following: (1) Undertake development in a manner that will protect life and property from hazards due to slope. unstable and erodible soils. earth movement. and other geologic and hvdrologic hazards~ (2) Reduce potential for increased erosion. sedimentation. and surface runoff. and the resulting adverse impacts on water quality~ (3) Promote a safe means of ingress and egress for vehicular and pedestrian traffic in sloped areas~ (4) Preserve the visual quality of sloped areas. which are a valuable natural and economic resource~ and (5) Encourage innovative and imaginative site development techniques to create structures and site plans that are suited to sloped terrain. For example. tuck-under garages and davlight basements are encouraged to integrate homes into existing topographv and minimize grading (see Figure 22-XX). (b) Sites containing or within 25 feet of slopes of 40% or greater (steep slope hazard area) and/or sites with erosion. landslide. and/or seismic hazard areas are also subject to the requirements of Article XIV. Critical Areas. (c) These standards do not applv to isolated slope areas that are less than 5.000 square feet in land area. For purposes of this provision. the entire contiguous area with slopes measuring 15% or greater shall be included in the minimum size calculation regardless of the number of individual lots or different land ownerships involved. (d) Residential subdivision development on sites with slopes of 15% or greater shall adhere to the following standards in order to minimize clearing and grading necessary to support development on individual lots. (1) Lot size averaging shall be utilized for subdivision development on sites with slopes in excess of 15% as follows: Clearing/Grading and Tree Retention Code Amendments Page 17 (i) More steeply sloped portions of a site shall have larger lots resulting in a reduced percentage of lot disturbed for construction. (ii) Reduced lot sizes may be allowed within the flatter portions of the site as long as the maximum allowable density of underlying zoning is maintained. (iii) Refer to Table 22- XX 16.1 for adjustments to minimum lot size requirements for development on sloped sites. (2) As an alternative to. or in combination with lot size averaging. cluster development mav be employed in order to limit disturbance of sloped areas of a site. Cluster development should be employed where this option will result in successful retention of mature tree canopy and native vegetation. (3) Grading plans for subdivisions shall show that each parcel created by the subdivision is a hNiliaMB suitable buildin'Z site and show the following on the plan drawings: . (i) Setbacks~ (H) Driveways~ (Hi) Proposed building envelope~ and (iv) Usable rear yard areas that area a minimum of 20 feet deep. (4) Front yard setbacks may be applied in a flexible manner where such application will protect slopes and natural features from development encroachments. However. garages must maintain a minimum 20-foot front yard setback. and in all cases a minimum front vard setback of 10 feet must be maintained. TABLE 22-XXI6.1 Minimum allowable lot size for subdivisions with .slopes of 15% or 2reater emplovin2 lot size avera2in2. Existin2 slope Minimum allowable lot size 40% or greater slope Development should be avoided in areas of 40% or greater slope. Where development is proposed. minimum lot size shall be 200% of minimum lot size of underlving zoning designation. or 10.000 SQuare feet. whichever is greater. 15% up to 40% slope 150% of the minimum lot size of the underlving zoning designation. o to 15% slope Minimum lot size mav be reduced to up to 50% of minimum lot size requirement of the underlying zoning designation. but in no case less than 5.000 square feet for each residential building lot. 22-XX17 Rockeries and retainine: walls. (a) When incorporating rockeries and retaining walls into site design. the applicant shall work with the site topography in order to minimize the need for rockeries and retaining walls. When rockeries and/or retaining walls are utilized. the following standards shall applv: (1) For single-familv residential lots. retaining: walls shall be: (i) A maximum of four feet in height. (m Composed of brick. rockery. eMU. or landscape block or a combination of either with a masonry product. Concrete mav be used for retaining walls three feet in height or less. Other materials may be used with the approval of the planning and public works directors. (m There shall be a minimum setback of 10 feet between the rear ofa residential building and any retaining wall. To the greatest extent feasible. retaining walls shall be located on property lines. (2) For commercial and multifamilv lots. retaining walls shall be: (i) A maximum of six feet in height. (ii) There shall be a minimum three-foot landscaped setback in front of each retaining wall. (3) Terracing shall be limited to two tiers within 100 horizontal feet of each other. except that the city may approve more than two tiers when a greater number of tiers will result in less land disturbance and less steep man-made slopes. Clearing/Grading and Tree Retention Code Amendments Page 18 (4) The width of the terrace between any two vertical retaining walls shall be a minimum of five horizontal feet to allow for landscaping and maintenance. (5) Terraces created between retaining walls shall be permanentlv landscaped and revegetated pursuant to landscaping standards in FWCC Chapter 22. Article XVII. (6) Retaining walls shall be set back a minimum of three feet from adiacent public rights-or-way. The area between the right-of-way and the retaining wall shall be landscaped and maintained per city standards in FWCC 22- XXX. If private agreements are reached with utility companies and written documentation is provided to the city. and a minimum three-foot wide planting buffer can be established and maintained to screen the wall from view. retaining walls can be located to the back of the right-of- way as determined bv the public works and planning directors. (7) Retaining walls visible from a public right-of-way or adjacent property shall be rock. keystone-style. concrete. or textured/patterned wall styles as approved by the City. Retaining walls shall be landscaped in accordance with FWCC 22-XX. (8) Retaining walls shall be designed to fit their surroundings and complement existing conditions. Division 3. Tree and Vee:etation Retention Requirements 22-XX18 Tree and veeetation retention standards. (+~) Retention required Existing trees in good health shall be retained on the subject property to the maximum extent possible in all developments as follows: (1) Site and building development shall take into consideration the location of existing stands of healthy trees both on site and on adjacent properties. Where safe and feasible. the meandering of streets and/or sidewalks around existing stands of trees is encouraged. (2) Minimum Tree Density - New Uses on Vacant or Redeveloping Parcels. The tree density requirements will be met primarily through the conservation of existing trees. However. in order to . provide for continued flexibility in the design of new development. in those situations where a development's design would preclude the retention of the required number of trees. the use of replacement or supplemental tree planting is authorized. The minimum tree density for each land use designation is specified in Table 22-XXI9.1. (3) Sites with Insufficient Tree Cover. It is recognized that some sites may not contain a sufficient number of existing trees to meet the tree density standards set forth in Table 22-1563A-l. In those situations. additional trees are to be planted as necessary to achieve the minimum tree density requirements of this section. (b) Tree density requirements. All regulated activity shall ensure that the following tree densities shall be achieved and maintained during and after development: Minimum Tree Densitv Requirements for Vacant or Redevelopine Sites (Table 22-XX19.n Land Use Desienation Required Tree Unit Densitv12 BC. BN. CEo CP-l. OP. PO 20 tree units/acre SF Residential zones 25 tree units/acre RM 1800. RM 2400. RM 3600 30 tree units/acre 1 Damaged or diseased trees shall not be credited towards satisfying the tree units oer acre requirement as noted in Table 22- XX 19.1. Provided. at the discretion of the City. damaged or diseased or standing dead trees mav be retained and counted toward the tree requirement. if it is demonstrated that such trees will orovide important wildlife habitat and are not classified as dangerous trees. 2 Trees located within critical area buffers shall be credited towards satisfying the tree units per acre requirement as noted in Table 22-XXI9.1. Critical area buffers shall comply with the requirements set forth in Chapter 20. Article XN. Clearing/Grading and Tree Retention Code Amendments Page 19 (c) Calculation of the total tree units required. The total number of tree units required to be provided by a regulated activity shall be calculated by multiplying gross site acreage. minus anv public or private streets and regulated critical areas (excluding buffers) determined bv Federal Way to be undesirable for tree planting (e.g.. certain wildlife habitat and wetlands), bv the required tree density (in tree units per acre) set forth in Table 22-XXI9.1. The result ofthe calculation will be the total number of tree units required for the activity. Ifthe calculation results in a fractional quantity. it shall be rounded up to the nearest whole number. (d) Tree unit credits. The number of tree unit credits given for retaining: existing trees. or the planting of new trees. varies in order to encourage the retention of large existing trees and the planting of replacement trees that provide greater canopy areas at maturity. Tree unit credits for the retention of existing trees and the planting: of new trees shall be awarded as follows: Tree Unit Credits (Table 22-XX19,2) Tree Category Tree Unit Credit Existing Tree 1" to 6" d.b.h. 1.0 tree units per tree retained Existing Tree >6" to 12" d.h.h. 1.5 tree units per tree retained Existing Tree> 12" to 18" d.b.h. 2.0 tree units per tree retained Existing Tree> 18" to 24" d.h.h. 2.5 tree units per tree retained Existing Tree> 24" d.h.h. 3.0 tree units per tree retained Replacement Tree, Small Canopy Species (Mature canopy area < 450 SF) .50 tree units per tree planted Replacement Tree, Medium Canopy Species (Mature canopy area 450 to 1,250 SF) 1.0 tree units per tree planted Replacement Tree, Large Canopy Species (Mature canopy area> 1,250 SF) 1.5 tree units per tree planted (e) Tree retention requirements - exvansions of existing uses. Expansions of existing commercial. industrial. and multi-family properties which do not conform to the tree density requirements of this Chapter shall be subiect to the following tree conservation requirements whenever such expansion would result in a greater than a 10% or 500 square foot increase in the size of the existing building footprint or associated impervious areas (parking: lots. storage areas. etc.), whichever is less: (1) A minimum of one tree unit shall be provided for each 500 square feet of building expansion or new construction~ and (2) A minimum of three tree units shall be provided for each tree unit removed. up to a maximum of 25 tree units per acre. (3) No clearing. grading. or other approvals for vegetation removal at a site shall be approved until such time as the City of Federal Way has approved anv associated landscaping or tree preservation plans. (4) Tree and vegetation retention areas shall be protected during the construction phase through application of the standards contained in FWCC 22-XX22. Tree Protection During Construction. 22-XX19 Off-site mitieation and fees paid in lieu. Where an applicant cannot provide for the minimum required tree units per acre on-site~ off-site mitigation or a fee-in-lieu payment into the city's urban forestrv account may be approved by the director. (a) Where off-site mitigation is utilized. the remaining balance of required tree units must be planted at an off-site location approved bv the director. Where the site is city-owned property. the public works and/or parks department must also approve the tree planting. Acceptable off-site locations. in order of priority. are as follows: Clearing/Grading and Tree Retention Code Amendments Page 20 (1) Publicly owned land in the city of Federal Way including but not limited to: environmentally sensitive areas~ regional stormwater facilities: or wildlife corridors. Similar lands owned by nonprofit entities that are reserved in open space also qualify. (2) Publicly owned parks or recreational facilities within the city of Federal Way. (3) Public school sites within the city of Federal Way. (4) Other mitigation or restoration sites managed by other public entities or private conservation groups. (5) Other sites proposed bv the applicant. when it is documented that higher priority sites are not available or viable. (b) Where a tree replacement fee is utilized. a tree replacement fee paid into the city's urban forestry account may be approved bv the director. The fee shall be established based on the number of tree units being satisfied as follows: (1) Each tree unit shall represent one replacement tree. The fee for each replacement tree shall cover the cost of a tree. installation (labor and equipment). maintenance for two years. and fund administration. (2) A separate urban forestry account shall be established by the city for fees collected. Tree replacement fee receipts shall be earmarked specificallv for this account and shall be expended only for the planting of new trees in city-owned parks. open spaces. or rights-of-way. 22.XX20 Tree species. (a) Where tree replacement is required in order to achieve minimum tree units per acre. the replacement trees shall consist of a mix of evergreen and deciduous trees. suitable to specific site conditions. (b) Replacement tree species shall be selected from a list of approved tree species maintained by the . department of community development services. All species listed are suited to the climate conditions found in the Pacific Northwest. The list is for guidance only and is not intended to be all-inclusive. Other tree species mav be utilized where appropriate when recommended bv a professional forester. certified arborist. or licensed landscape architect. 22-XX21 Tree and vee:etation protection durloe: construction. (a) 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 Way. (b) A no disturbance area shall be established for each tree to be protected. The no disturbance zone shall be equal to the critical root zone which is defined as 12 inches radius for every tree inch diameter measured at four and one-half feet above grade. (c) This no disturbance zone shall be identified during the construction stage with: 1. A temporary five-foot chain-link fence~ and 2. Tree protection signage attached to the fence which reads "TREE PROTECTION FENCE- No soil disturbance. parking. storage. dumping. or burning of materials is allowed within the Tree Protection Fence." (d) No impervious surfaces. fill. excavation. or storage of construction materials shall be permitted within the no disturbance area~ (e) If the grade level around the tree is to be raised bv more than one foot. a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter ofthe tree trunk plus 10 feet. Proper drainage. and irrigation if necessary. shall be provided in all rock wells. (f) The grade level shall not be lowered within the larger of the two areas defined as follows: 1. The drip line of the tree( s)~ or 2. An area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four and one-half feet above the ground. (g) Restrict trenching in critical tree root zone areas. Clearing/Grading and Tree Retention Code Amendments Page 21 (h) Prohibit the installation of any impervious surfaces in critical root zone areas. Where road or sidewalk surfaces are needed under a tree canopy. unmortared porous pavers or flagstone (rather than concrete or asphalt) can be used. Boardwalks or bridging can span root zones without harming the tree roots. (i) Prerare tree conservation areas to better withstand the stresses of the construction phase bv. if necessary. fertilizing. pruning. and mulching around them well in advance of beginning any construction activities. (i) Alternative protection methods may be used if accepted by the director of community development services to provide equal or greater tree protection. (k) Encroachment into the no disturbance area may be allowed where the director determines encroachment would not be detrimental to the health of the tree. 22-XX22 City forestry account. (a) Funding sources. All civil penalties received under this division and all money received pursuant to FWCC 22-XXXX shall be used for the purposes set forth in this section. In addition. the following sources mav be used for the pur:poses set forth in this section: (1) Sale of trees or wood from city property where the proceeds from such sale have not been dedicated to another pur:pose. (2) Donations and grants for the purposes of the fund. (3) Other monies collected by the city council~ (b) Funding purposes. The city shall use money received pursuant to this section for the following purposes: (1) Acquiring. maintaining. and preserving wooded areas within the city~ (2) Planting and maintaining trees within the city~ (3) Urban forestry education~ or (4) Other purposes relating to trees as determined by the city council. Division 4. Forest Practices Re2:ulations 22-XX23 Authority. This division is established to regulate Forest Practices - Class IV-General pursuant to RCW 76.09 and WAC 222-20. 22-XX24 Exemptions. The following activities are exempted from the provisions of this division: (a) Forest practices on lands within the City of Federal Way where the landowner submits a 10- year statement of nonconversion to the Department of Natural Resources (reforestation agreement) together with either an acceptable 10-year forest management plan or proof that the land is currently enrolled in current use assessment-timber lands. under the provisions of Chapter 84.33 RCW. (b) The division of land into lots. each of which is one thirty-second of a section of land or larger. or 20 acres or larger. (c) Repair or remodeling within the existing footprint of existing structures. (d) Reconstruction of a structure damaged or destroyed due to fire. explosion. wind. flood. earthquake. or other similar calamity. 22-XX25 Administration. (a) Approvals Required. An approval pursuant to this division must be obtained from the city for the following: Clearing/Grading and Tree Retention Code Amendments Page 22 (1) Forest Practice Approvals Class IV-General Forest Practices. An approved forest practices permit shall be obtained from the city in conjunction with the permit for the proposed land development activity (e.g. subdivision or land use approval) prior to conducting anv forest practices as defined by FWCC 22-1 for Forest Practices Class IV-General. (2) Request for Removal of Development Moratorium. An approved request for removal of development moratorium pursuant to FWCC 22-XXXX shall be required prior to the approval of any development permits by the city for land which is subiect to a development moratorium as a result of a forest practice. except for the construction of one single-family residence. The application shall be processed as a Process IV application pursuant to FWCC 22-431 et seq. (3) Request for Single-Family Dwelling Exception. An approved request for single-family dwelling exception shall be required prior to the construction of a single-family residence or related improvements on land which is subject to a development moratorium. The request shall be processed as a Process IV application pursuant to FWCC 22-431 etseq. (b) Public Notice. Public notice for notice of application~ threshold determination. if applicable~ public hearing. if applicable~ and final decision pursuant to this chapter are subject to FWCC 22-XXXX. (c) Time Limitations. (1) Expiration of Approval. Class IV -General permit shall be valid for two consecutive years following the date of issuance unless a different time limit has been established through an associated development permit approval. Expiration of the Class IV -General permit shall be the same as the expiration date of the approved development permit. (2) Time Extensions. A time extension for a development permit shall extend any associated Class IV-General permit of no more than one year. (3) Time Period for Final Decision. The provisions for issuing a notice of final decision on anv application filed pursuant to this division are set forth in FWCC 22-XXXX. 22-XX26 Forest practice application requirements. (a) General Requirements. (1) A Class IV -General permit application shall be avvroved based on an avvroved lJNJrJlnith1ti 8"netWr8ut l!"iH'JJi' IiIppJi8j1#81l /8" !l clearing and grading plan and tree and ve.tzetation retention vlan tlppf'liJl'tl! and prior to conducting forest practices on the project site. (2) All Class IV -General permit applications shall describe the harvest method. including type of equipment to be used and the expected dates of commencement and completion of all harvest activities. (3) .1 Cltt88 !V CSTUJr'€l! pSI'mit tlPJH 81"$1/ lri!! U8t J;e grwrdea Nf,#l an} pSfflJirJg 8/SVSfflpTrfS1ft pSI ,nit IiIppliemim,g !lMlB8i€lIed l!"itlt t.'lS aite .'ttIfJ ssm !lplJI 8":84. (1) 'Fer-SS I stemtitln 3t€JId3ria a.'ull! 8S tlpplizd 16 JVJr-ggt fJPtile#8gg in tlti8lJI "mitiS 1I"it.', ~r.:WGC 22 AXY.:~ t.'N [img.'f 22 X1b~ (3) .1l! C!liI83 !V CeTl8I"tl! jJermit IiIjJpli8iMi8nJ tire .nw)e8t kJ sw:irtlnHfsIltl€l! r~r. iBH. in ge88ritlfll88 lri..', ~77TfTCC XX .~ (b) Review Criteria. (1 ) Class IV -General forest practices shall comply with all applicable regulations and standards as adopted bv the city. (2) Class IV -General forest practices shall comply with the conditions of approval established through the associated development permit or approval. (3) Class IV -General forest practices proposed where a development permit has not been submitted shall comply with the following additional requirements: (i) No more than 35% of the volume of trees by species shall be removed. or no less than 30 tree credits per acre pursuant to FWCC 22-XXXX shall remain. whichever is greater. within anv six-vear period throughout the gross area of the site. Sensitive areas and associated buffers may not be applied. The retained trees shall consist of timber that is equivalent to the average size. age. and species of the harvested trees~ and Clearing/Grading and Tree Retention Code Amendments Page 23 (ii) Upon the approval of a tle-:zI8prmmt permit fl3338iflted 1rith t.'j8 Class IV application under the provisions of this section.. no additional timber volume shall be removed without submittal and approval of a new Class IV -General forest practices permit. 22-XX27 Development moratoria related to forest practices. (a) General Requirements. All development moratoria established pursuant to this chapter shall be mandatory. Development applications and project construction for any development activity shall be prohibited for a term of six vears on a site subject to a moratorium. (b) Actions That Result in a Development Moratorium. The following actions shall result in a six- year development moratorium being imposed: (1) The violation ofa Class IV-General forest practices permit. (2) Activity that meets the definition of Class N forest practices on a parcel without an approved forest practices application. (c) Consequences of a Development Moratorium. (1) City of Federal Way shall terminate review of anv application for development of land which is. or becomes. subject to a six-year development moratorium. A new application shall be required for development of the site after the six-year moratorium expires. (2) City of Federal Way shall not accept applications for anv development ofland which is subject to a six-year moratorium. during the moratorium "eriod. (3) All development moratoria imposed bv the city of Federal Way shall extend to the harvest area indicated in the forest practices permit. If no forest practices permit or conversion option harvest plan (CORP) was issued by the DNR. the moratorium shall applv to the entire parcel. (4) Prior to any development permit application. the property owner shall be required to submit a Class N -General permit application on land that was cleared without a required forest practices. (5) City of Federal Way shall notify the appropriate state agency if a forest practices activity that meets the definition of a Class II. III. or N -Special forest practices has been initiated on a parcel without an approved forest practices application or notification. (d) Effective Date of a Moratorium. If forest practices occur on a site without the appropriate permit or approval. a six-vear development moratorium shall be imposed from the date the unpermitted forest practices were documented by the city of Federal Way or DNR and recorded with the county to be attached to the title of the parcel( s ). 22-XX28 Request for removal of development moratoria. Anv development moratorium established pursuant to FWCC 22-XXXX may be considered for removal by the hearing examiner when the following requirements are met: (a) Public Hearing Required. (1) The department shall set a date for an open record public hearing before the hearing: examiner after all the requests for additional information or "Ian correction and/or application information ofFWCC 22-XXXX have been satisfied. and either a determination of non significance or a mitigated determination of nonsignificance (DNS or MDNS) or final or final supplemental environmental impact statement (FEIS or FSEIS), if required. has been issued. (2) The public hearing shall follow the procedures set forth in FWCC 22-XXXX. (b) Review Criteria. The examiner shall consider the removal of a development moratorium established pursuant to this chapter when the following criteria are met: (1 )The forest practices conducted on the site meet the standards set forth in FWCC 22- XXXX(2). (2) Corrective actions are implemented which would bring the forest practices into compliance with this chapter. Clearing/Grading and Tree Retention Code Amendments Page 24 (3) If sensitive areas or sensitive area buffers have been damaged. the hearing examiner mav impose increased sensitive area buffer standards. together with additional requirements to mitigate the damage. (4) The entire site shall have been reforested in accordance with the requirements set forth in Chapter 222-34 WAC. (c) Approval. (1 ) The hearing examiner shall review all requests for removal of a development moratorium. any comments received. and applicable city regulations or policies. and may inspect the property prior to rendering a decision. (2) The hearing examiner may approve an application for a request to remove a development moratorium. approve the application with conditions. require modification ofthe proposal to comply with specified requirements or local conditions. or deny the application if it fails to comply with requirements of this chapter. (d) Required Written Findings and Determinations. Removal of a development moratorium may be approved by the hearing examiner if the following findings can be made regarding the proposal and are supported by the record: (1) The removal of the six-vear development moratorium will not be detrimental to the public health. safety. and general welfare. (2) The removal ofthe six-year development moratorium will not be injurious to the property or improvements adiacent to and in the vicinity of the proposal. (3) The removal of the six-year development moratorium will not result in significant adverse environmental impacts. (4) The removal of the six-year development moratorium is consistent with the review criteria in FWCC 22-XXXX(2). (5) The removal ofthe six-year development moratorium is consistent and compatible with the goals. objectives. and policies of the comprehensive plan. appropriate community plan. and the provisions ofthis chapter. 22-XX29 Request for sinele-familv dwelline exception. The hearing examiner may grant an exception to the mandatory six-vear development moratorium to allow the construction of one single-family dwelling unit and associated accessory structures pursuant to the following standards: (a) General Requirements. (1) The area that is permitted to be developed pursuant to this exception shall not exceed one acre in size. in addition to the minimum area necessary to provide safe vehicular access. (2) Upon approval of a single-family dwelling unit exception. a memorandum of agreement (MOA) shall be recorded with the county auditor by the landowner. which includes a site plan depicting the area of the parcel to be dedicated for the single-family dwelling. yard area. permitted accessory structures. and access road. The MOA shall identify the actions to be taken by the landowner to correct any violations of city ordinances or regulations. (3) The development moratorium shall remain in effect for all other nonforestty uses of the site. (b) Review Criteria. One single-family dwelling. permitted accessory structures. lawn and landscaped area. and access road mav be constructed together with site development activities necessary to construct the dwelling on land subject to a development moratorium provided that: (1) The construction of the single- familv dwelling. lawn and landscaping area. accessory structures. and access road are in compliance with all applicable city regulations. (2) The landowner corrects any violations of sensitive area and resource lands if anv have occurred on the parcel. (3) Reforestation of the site has occurred if required pursuant to Chapter 222-34 WAC. Clearing/Grading and Tree Retention Code Amendments Page 25 (c) Required Written Findings and Determinations. A single-family dwelling unit exception may be approved bv the hearing examiner on a site that is subject to a six-year development moratorium onlv if all of the following findings can be made regarding the proposal and are supported by the record: (1 ) The single-familv exception to the six-year development moratorium will not be detrimental to the public health. safety. and general welfare. (2) The single-family exception to the six-vear development moratorium will not be injurious to the property or improvements adiacent to and in the vicinity of the proposal. (3) The single-family exception to the six-vear development moratorium will not result in significant adverse environmental impacts. (4) The granting of the single-familv exception to the six-vear development moratorium is consistent with the review criteria in FWCC 22-XXXX(2). (5) The single-family exception to the six-vear development moratorium is consistent and compatible with the goals. objectives. and policies of the comprehensive plan. appropriate community plan. and the provisions of this chapter. Division 5. Performance Assurance. Maintenance and Enforcement 22-XX31 Reveeetation. Development sites shall be revegetated and landscaped as soon as practical after completion of clearing and grading work. in accordance with a revegetation plan. approved by the director of community development services or his/her designee. (a) A permanent revegetation plan. utilizing vegetation that is known to have a high natural survival rate. shall be implemented consistent with city of Federal Way landscaping and tree and vegetation retention and replacement requirements. (b) Where permanent revegetation measures are not in place within seven days in the dry season and two days in the wet season. the applicant shall provide temporary revegetation or stabilization measures in accordance with the recommendations of the latest edition of ecology's stormwater management manual for Western Washington. and maintain such measures in good condition until the permanent revegetation measures are installed and inspected by the city of Federal Way. (c) Where permanent revegetation measures are not in place within 12 months of completion of clearing and grading work the applicant shall be required to submit a plan for director approval that outlines interim measures for revegetation and aesthetic treatment of the site per section 22-XXXX. Failure to submit a plan for interim measures as required by section 22-XXXX shall result in the application of compliance and enforcement measures per section 22-XXXX of this article. 22-XX32 Maintenance. (a) All required replacement trees and relocated trees shown on an approved tree retention plan shall be maintained in healthy condition by the property owner throughout the life of the project. unless otherwise approved by the director in a subsequent tree retention plan. (b) Cutting and Pruning. (I) Protected trees shall not be topped. (2) Street trees shall be maintained in a healthv condition by the adjacent property owner and shall only be cut or pruned with the permission of the city of Federal Way public works department. (3) Pruning and maintenance of protected trees shall be consistent with best management practices in the field of arboriculture and further the long-term health ofthe tree. (4) Excessive pruning shall not be allowed unless necessary to protect life and property. Clearing/Grading and Tree Retention Code Amendments Page 26 22-XX33 Performance assurance. The city may require the following bonds for any clearing and/or grading activity approved by or under this division: (a) A performance bond to guarantee that the clearing and/or grading will conform to city standards and requirements. (b) To mitigate damages should they occur as a result of unauthorized tree removal. the applicant shall submit a bond. letter of credit or other means of assurance acceptable to the director. The following provisions shall apply to such performance assurance: (1 ) Tree Protection Assurance. The applicant shall post a performance bond or other acceptable security device to ensure the installation. maintenance. and adequate performance of tree protection measures. The amount of this bond shall equal 150% of the city's estimated cost of replacing each protected tree. The estimated cost per tree shall be the tree base fee established by the city council. Prior to issuance of the certificate of occupancy. any protected tree found to be irreparablv damaged. severe Iv stressed. or dying shall be replaced according to the standards identified under FWCC 22-XX37. Compliance and Enforcement. The bonding period shall be three vears. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the protected trees will survive. (2) Tree Maintenance Assurance. Where replacement trees are required pursuant to this section. the applicant shall post a replacement tree maintenance bond or other acceptable security device to ensure the survival of replacement trees. The amount of the maintenance bond shall equal 150% of the cost of plant material. periodic fertilizing and pruning. and labor until tree survival is ensured. Where possible. the bond mav be combined with the landscape maintenance bond required by FWCC Chapter 22. Article XVII. Landscaping. In the event a required replacement tree becomes irreparablv damaged. severe Iv stressed. or dies. the tree shall be replaced according to the standards in FWCC 22-XX34, Standards. Replacement trees damaged due to natural disasters such as wind storms. hail. ice or snow storms. earthquakes. and the like shall be exempt from replacement. The bonding period shall be three years. The director may release all or part of the bond prior to the conclusion of the bonding period if the applicant demonstrates that the requirements of this section have been satisfied and there is evidence that the replacement trees will survive. (3) The required assurances shall be submitted prior to issuance of a permit authorizing tree removal. (4) The applicant shall provide an estimate of the costs associated with the reauired performance bond or other security as described above. In lieu of an applicant's estimate. the performance assurance shall be equal to city staff's best estimate of possible costs to meet the above requirements. In no case shall the performance assurance exceed an amount equal to two and one-half times the current cost of replacing the plants. (5) The performance assurances shall not be fully released without final inspection and approval of completed work bv the city. submittal of anv post-construction evaluations. or following any prescribed trial maintenance period required in the permit. (6) Performance assurances provided in accordance with this section may be redeemed in whole or in part by the city of Federal Way upon determination by the director that the ap\,licant has failed to fully comply with approved plans and/or conditions 22-XX34 Proiect inspections/city access. (a) All projects with a clearing and grading and/or tree retention plan approval and associated permit are subject to city inspections to ensure compliance with the conditions of approval and associated permit. As a condition of permit issuance. the applicant must grant right-of-entry for such inspections and city emergency corrective measures. Clearing/Grading and Tree Retention Code Amendments Page 27 (b) The public works director or his/her designee will specify the general stages of work when city inspection is required and mav require inspection and testing bv an approved testing agency. to be paid bv the applicant. (c) The director shall specify inspection and testing requirements applicable to a given project prior to permit issuance: however. the public works director may require additional inspection. testing. or professional analvsis and recommendations when conditions exist that were not covered in the permit application documents or were not sufficiently known at the time of permit issuance. 22-XX35 Stop work orders and corrective actions. (a) The director or his/her designee shall notify the permitee. or person doing the work. whenever the director determines that: (1) During the life of the permit. the proiect is causing problems related to earth and water resources. such as sediment leaving the site or entering the drainage svstem~ or (2) The act or intended act of clearing. grading. and/or tree/vegetation removal has become or will constitute a hazard to life and limb. or endangers property. or adverse Iv affects the safety, use. or stability of a public way. drainage channel. street. or surface water~ or (3) Clearing. grading and/or tree/vegetation removal is occurring without a required permit~ or (4) The project is otherwise violating this article or the conditions of approval issued under this article. 22-XX36 Compliance and enforcement (a) Civil violation. Any violation of any ofthe provisions ofthis division constitutes a civil violation , as provided for in FWCC Chapter 1. Article III, Civil Enforcement of Code. for which a monetary penalty may be assessed and abatement may be required as provided therein. The city shall seek compliance through the civil violations code if compliance is not achieved through section 22-XX37 (stop work orders/corrective actions). (b) In addition to the provisions of FWCC Chapter L Article III. any person who fails to complv with the provisions of this article or the terms of a tree retention plan approved hereunder. or fails to comply with a cease and desist or stop work order issued under this article. shall also be subject to a civil penalty as set forth in Table 22.XX41.1. Each unlawfully removed or damaged tree shall constitute a separate violation. (1) The amount of the penalty shall be assessed in accordance with Table 22XX41.1. The director mav elect not to seek penalties if he or she determines that the circumstances do not warrant imposition of civil penalties in addition to restoration. Tvpes of Violations Allowable Fines per Violation 1. Removal oftree(s) approved to be removed. but $100.00 per tree prior to final tree retention plan approval 2. Removal or damage oftree(s) that are or would $1.000.00 per tree. or UP to the marketable value be shown to be retained on an approved tree plan or of each tree removed or damaged as determined any other violation of approved tree retention plan bv a certified arborist. 3. Removal oftree(s) without applving for or $1.000.00 per tree. or up to the marketable value obtaining required city approval of each tree removed or damaged as determined by a certified arborist. Table 22 XX41 1 - Penalties (c) Violators of this article shall be responsible for restoring unlawfully damaged areas in conformance with a plan. approved bv the director. which provides for repair of any environmental and property damage. and restoration of the site~ and which results in a site condition that. to the greatest extent practical. equals the site condition that would have existed in the absence of the violation( s ). Clearing/Grading and Tree Retention Code Amendments Page 28 (d) The number of trees required to be planted is equal to the number of tree unit credits of illegally removed trees according to Table 22-XX34.2. (e) The minimum size for a tree planted for restoration is 12-foot-tall evergreen and three-inch caliper deciduous tree. The city mav approve smaller restoration tree sizes at a higher restoration ratio. provided the site has capacity for the additional trees and the results of restoration at a higher restoration ratio is as good or better than at the normal ratio. The smallest allowable alternatives to the normal restoration requirements shall be two eight-foot evergreen for one 12-foot evergreen or two two-inch caliper deciduous for one three-inch caliper deciduous tree. (f) Remedial measures must be completed within the time frame specified bv the director. (1:1:) The cost of any remedial measures necessary to correct violation(s) ofthis article shall be borne by the property owner and/or applicant. Upon the applicant's failure to implement required remedial measures. the director mav redeem all or any portion of anv security submitted bv the applicant to implement such remedial measures. pursuant to the provisions of FWCC 22-XX39. Performance Assurance. Article XVII, Landscaping3 Sections: 22-1561 Purpose. 22-1562 Applicability. 22-1563 Landscape plan approval. 22-1563A Landscape, Irrigation and Tree Plan Submittal Requirements 22-1564 General landscaping requirements - All zones. 22-1565 Landscaping types. 22-1566 Landscaping requirements by zoning district. 22-1567 Parking lot landscaping. 22 1568 SigRifieant trees. 22-1569 Performance and maintenance standards. 22-1570 Modification options. 22-1571 - 22-1595 Reserved. 22-1561 Purpose. The purpose of this article is to: (1) Provide minimum standards for landscaping in order to maintain and protect property values and to enhance the general appearance ofthe city. (2) Encourage creative landscaping designs that utilize native vegetative species, drought-tolerant species, and retain natural vegetation, in order to reduce the impact of development on the water resources of the city. (3) Respond to state-level mandates for action in such areas as water conservation, energy conservation, enhancement of water quality, and improvement of air quality. (4) Reflect current city planning goals, urban design standards, and ecological awareness. (5) Provide an appropriate amount and quality oflandscaping related to all land use in the city. (6) Establish a minimum level of regulation that reflects the purposes of this chapter. (7) Provide for design flexibility. 3 Editor's note - Ord. No. 93-170, ~ 3, adopted April 20, 1993, repealed former Art. XVII, ~~ 22-1561 - 22-1577, relative to landscaping, and ~ 4(Exh. A) of said Ord. No. 93-170 enacted a new Art. XVII to read as herein set out. The provisions of former Art. XVII derived from Ord. No. 90-43, ~ 2, adopted Feb. 27, 1990. Clearing/Grading and Tree Retention Code Amendments Page 29 (8) Retain signifieaRt trees stands of trees and mature vegetation, a valuable natural resource of the community. (9) Recognize the unique qualities embodied in public facilities by providing for a reasonable degree of flexibility in structure while protecting adjacent uses. (10) Encourage low-impact techniques including the use of native or drought-tolerant plants. (Ord. No. 93-170, S 4, 4-20-93; Ord. No. 01-390, S 3, 6-5-01) 22-1562 Applicability. This article shall apply to all development applications in the city, with the exception of individual single-family residential lots which shall only comply with the applicable requirements ofFWCC 22- ~XXXX, Signifieant Trees, for tree and vegetation preservation of signifieant trees. (Ord. No. 93-170, S 4, 4-20-93) 22-1563 Landscape plan approval. (a) 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. (b) Required landscape plans for all projects that are subject to the site plan review process as set forth in Article V of this chapter shall be prepared by a Washington State licensed landscape architect. (Ord. No. 93-170, S 4, 4-20-93) 22-1563A Landscape plan submittal requirements. The applicant shall submit the appropriate number of landscaoe and irrigation plans for review. as determined bv the department of community development services. The landscape and irrigation plan may be provided separate Iv or incorporated into plans submitted for site plan review. Landscaping and irrigation may be shown on the same plan. No permit for use which is subject to the requirements of this section shall be issued until the landscape and irrigation plan for such use has been approved by the department of community development services. (a) Landscape plans. 1. Persons qualified to prepare landscape plan. The landscape plan shall be prepared bv a landscape architect licensed in the State of Washington. a nursery professional certified pursuant to the Washington Certified Nursery Professional program. or a Washington State certified landscape technician. 2. The landscape plan shall be prepared to an appropriate scale. not less than one-inch to equal 40 feet. necessary to depict the following: a. Name and address or location of project~ b. Vicinity map~ d. Scale. north arrow. and date of plan~ e. All property lines. impervious surfaces (including the total. paved impervious surface). vehicular drives. parking lots. existing and proposed structures (including the square footage of such structures), natural or manmade water features or bodies. above ground stormwater detention and treatment areas. existing or proposed fences and retaining walls. critical lands and associated buffers. and designated recreational open space areas; f. All existing and proposed landscape areas showing existing trees and/or vegetation to be retained and vegetation to be removed and proposed plants to be installed. The area of all existing and proposed landscaping shall be calculated and shown on the lllan; g. A plant schedule containing the botanical and common names of the new plant material. existing plant material proposed to be retained. typical spacing for that species. the planting size of the material. the quantity of each plant. and any special planting instructions~ h. All topographic features of the area to be landscaped such as swales. A contour map detailing intervals at two feet shall be provided~ and i. All existing and proposed drainage and watering facilities. Clearing/Grading and Tree Retention Code Amendments Page 30 (b). Irrigation plans. Where a landscape plan is required. as determined above. an irrigation plan must also be prepared to ensure that the planting will receive sufficient water for survival and growth. 1. Persons qualified to prepare plans. The irrigation plan shall be prepared by a Washington State registered landscape architect or irrigation designer certified by the Irrigation Association. 2. Where automatic irrigation is required. a subsurface irrigation or drip irrigation system shall be provided in accordance with all state and local rules. regulations. and ordinances. including approved backflow devices. The taP. service. and meter shall be coordinated with the city's public works director. The system shall completely cover all planting areas. 3. The spacing of sprinkler heads shall not exceed the spacing recommended by the manufacturer of the head. Where an area may be utilized bv pedestrians. pop-up heads are preferred. The system shall be designed to achieve maximum water efficiency and overthrow onto public sidewalks or streets shall be kept to a minimum. (c). Review of landscape. irrigation. and tree plans. Where landscape. irrigation. or tree plans are required in concert with other site development permit applications. the plans shall be reviewed by the department of community development services or the city's consultant. as determined by the department of community development services. If the deoartment of community development services designates the plans be reviewed bv the city's consultant. the applicant shall cover the cost of the third party review as required in accordance with the city's fee ordinance. 22-1564 General landscaping requirements - All zones. (a) All portions of a lot not used for buildings, future buildings, parking, storage or accessory uses, and proposed landscaped areas shall be retained in a "native" or predeveloped state. The department of community development may allow or require supplemental plantings in these areas, pursuant to the provisions ofthis chapter. (b) All outside storage areas shall be fully screened by Type I landscaping a minimum of five feet in width, as described in FWCC 22-1565(a), unless determined by the community development review committee (CDRC) that such screening is not necessary because stored materials are not visually obtrusive. (c) Slopes in areas that have been landscaped with lawn shall generally be a 3:1 ratio or less, width to height, to assist in maintenance and to allow irrigation systems to function efficiently. In other areas of plantings, a slope of up to a 2: 1 ratio, width to height, may be used if acceptable to the public works director, upon review of a geo-technical/soils study submitted by an applicant to ensure soil slope integrity . Piqul"e 1 - See. 22-~564 (d I (d) All trash enclosures shall be screened from abutting properties and/or public rights-of-way by a 100 percent sight-obscuring fence or wall and appropriate landscape screen. Clearing/Grading and Tree Retention Code Amendments Page 31 (e) Type III landscaping, defined in FWCC 22-1565( c), shall be placed outside of sight-obscuring fences abutting public rights-of-way and/or easements unless determined by the director of community development that such arrangement would be detrimental to the stated purpose of this article. (f) With the exception oflawn areas, at least 25 percent of new landscaping materials (i.e., plants, trees, and groundcovers) shall consist of drought-tolerant species. All developments are encouraged to include native Pacific Northwest and drought-tolerant plant materials for all projects. (g) Deciduous trees shall have a caliper of at least 1.5 inches at the time of planting measured 4.5 feet above the root ball or root structure. (h) Evergreen trees shall be a minimum six feet in height (measured from tree top to the ground) at the time of planting. (i) Shrubs shall be a minimum 12 to 24 inches in height (measured from top of shrub to the ground) at the time of planting based on the following: (1) Small shrubs -12 inches. (2) Medium shrubs - 18 inches. (3) Large shrubs - 24 inches. G) Groundcovers shall be planted and spaced, using a triangular planting arrangement, to result in total coverage of a landscaped area within three years. (k) Areas planted with grass/lawn shall: (1) Constitute no more than 75 percent oflandscaped areas, provided, there shall be an exception for biofiltration swales; and (2) Be a minimum of five feet wide at the smallest dimension. (1) Grass and required landscaping areas shall contain at least four inches oftopsoil at finish grade. (m) Existing clay or sandy soils shall be augmented with an organic supplement. (n) Landscape areas shall be covered with at least two inches of mulch to minimize evaporation where plant materials will cover and three inches of mulch over bare soil. (0) In order to reduce irrigation requirements, design principles using xeriscape techniques are encouraged. In meeting water conservation goals, and to deliver appropriate amounts of water necessary to maintain planted vegetation, species that are not drought tolerant should be grouped together and have irrigation systems, and be separated from any other irrigation system provided for drought-tolerant speCIes. (p) Mulch shall be used in conjunction with landscaping in all planting areas to meet xeriscaping goals, assist vegetative growth and maintenance or to visually compliment plant material. Mulches include organic materials such as wood chips and shredded bark. Nonvegetative material shall not be an allowable substitute for plant material. (q) All development shall comply with city of Federal Way street tree requirements. (See the City of Federal Way Right-of-Way Vegetation Standards and Specifications Manual). (r) Landscaping proposed to be located within or adjacent to utility easements shall be reviewed and approved bv the respective utility agency(ies ). (f~) Landscaping and fencing shall not violate the sight distance safety requirements at street intersections and points of ingress/egress for the development. (sJ) All tree types shall be spaced appropriate for the compatibility of the planting area and the canopy and root characteristics of the tree. (t n) All permanent lawn or sod areas shall have permanent irrigation systems. (u y) Screening of blank building walls. Building walls which are uninterrupted by window, door, or other architectural feature(s) listed in Article XIX, Community Design Guidelines, FWCC 22-1635(c)(2), that are 240 square feet or greater in area, and not located on a property line, shall be screened by landscaping. Such planting shall include trees, shrubs and groundcover appropriate for the area proposed. (>r w) Foundation landscaping is encouraged for all developments to reduce the scale, bulk and height of structures. Clearing/Grading and Tree Retention Code Amendments Page 32 (w ~) All loading areas shall be fully screened from public right-of-way or non-industriaV manufacturing uses with Type I landscaping. Clr:=-~ SjAEET Es hlfDot b9l' ........ .......... ~~ riqu~e 2 - Sec. 22-15~4(w) (* y) Use of products made from post consumer waste is encouraged whenever possible. (;y ~) Soil in parking lot landscaped areas must be noncompacted to a depth of 18 inches prior to planting of any shrubs, trees, or groundcovers. (i!i aa) Landscaping shall not be required along interior lot lines within a development where parking is being shared. (Ord. No. 93-170, ~ 4, 4-20-93; Ord. No. 07-559, ~ 3(Exh. A), 7-3-07) 22-9& XXXX Plantine: requirements for certain trees. (a) The following types of trees may not be planted closer than the listed minimum planting distance to rights-of-wav or sewers: Trees Minimum Plantine: Distance ill Ailathus altisinia (Tree of Heaven) 25' ill Catalpa 25' ill Cottonwood 40' ill Jue:lamus nigra (Black Walnut) 25' m Platanus (Plane. Svcamore) 40' (Q) Populus (Poplars) 40' ill Salix (Willows) 25' 00 Tilia americana (Basswood) 25' (2} Ulmus (Elm) 40' (b) In addition to any other enforcement mechanism or penalty contained within or authorized by this chapter. any person violating this provision is responsible for any damage caused bv the tree or trees. (Ord. No. 90-43. & 2(115.140). 2-27-90) (c) All street trees and other plantings shall be installed in conformance with standard landscaping practices and with appropriate city guidelines and regulations. 22 1568 SigRifieaRt trees. (a) Pl:lrpose. The pl:lrpose of this section is to: (1) Regl:llate the removal of trees from property '.vithia the city ia erder to preserve, flroteet aad eahanee a vall:lable aataral reSOl:lrce; (2) Establish standards to limit the removal of and enSl:lre the replacement of trees safficieRt to safeguard the eeological aad aesthetie eaviroRmeRt of a commuaity; Clearing/Grading and Tree Retention Code Amendments Page 33 (3) Discourage the l:lnReCessary elearing and distl:lrbance efland so as to preserve the aatufal and existing grO'tvth of vegetation; and ( 1) Maiatain a minimum number of significaRt trees. (b) Definition. A significant tree shall be defined as: (1) Twelve inches in diameter or 37 inches in circumf-erence measl:lred fOl:lr and one half feet above ground; and (2) In good health; and (3) Not detrimeRtal to the eommuaity (e.g., is ROt diseased, dying, or likely offalliag iRto publie opea space or right of way, etc.) or obscuring safe sight distanee requiremeRts. Significant trees shall Rot inelude red alder, cottonwood, pOfllar or big leaf maple. . ~~~ r~ p~qure 10 - Sec. 22-1568(b) (e) Standards. (1) ReteRtiea reql:lired. Signifieant trees shall be retained on the sabjeet property te the maximum extent possible in all de'lelopmeRts as follo'.vs: a. If the approved develElpmeRt OR the subjeet pFOperty will re(;).l:lire the remEl'/al of more than 75 percent of the significant trees oa the subject preperty, significaRt trees shall be refllaeed iR amouRt equal to 25 perceRt of the significant trees ',>;hich existed on the sl:lbjeet property prior to eElmmeaeing ~' developmeRt activity. b. All significant trees located within any required perimeter landseapiag area shall be retained and/or replaeed. c. Signifieant trees required te be retained within on site seasitive areas ean be used toward satisfying the 25 perceRt oa site signifieant tree retention regulatioas. d. fJI significant trees loeated withia required on site recreatien or opeR spaces shall be retainea, provided they do not eonfliet with on site aeti'/e recreatioa areas. e. The significant tree reteRtion requiremeRts of this ehapter shall not apply to the city eenter zoning district. f. There shall be no el:ltting of significant trees without authorizatien from the city for the pl:lrpose Elf prepariag that site for fatHfe deyelopmeRt. g. Up to one half of the 25 pereent signifieant tree replacemeRt req1:liremeRt may be satisfied by plantiag larger trees in reql:lired landscafle areas sl:leh as landseape islaads, buffers, and perimeter landseaped areas. Sueh trees shall be a miaiml:lm 12 feet ia height for evergreea and three aRd eRe half inch caliper for dccidl:loUS or broadleaftrees. EJmmple: 19(} oa site sigaifieant trees re(;).uires 25 to be retained or replaeed. .A.pplieant may plaRt 13 larger trees within req1:lired landscape areas which meet siz-e req1:liremeRts meationed abo'/e. h. Artiele XIX efthis chapter may apply additioaal, use speeific standards related to significaat trees. (2) The applicant shall submit a tree reteRtion plan eonC1:lrreRt with the first permit aflplieatioa for that developmeRt. The tree reteRtion plan shall consist of the following: Clearing/Grading and Tree Retention Code Amendments Page 34 a. '^A tree surveyor eluster Sl:lrvey that ideRtifies the loeation, size, al:lmber and species of all significant trees on tbe site. b. '^A de'lelopm.eRt plan ideRtifyiRg the significant trees that are proposed to be retaiRed, removed, transplanted, or replaeed, including a final report on pereeRtage retained. (3) Each retaiaed significant tree ROt loeated withia perimeter landseapiag may be credited as two trees for purposes of complying with the retention requirements of subseetion (e)(1)(a) of this sectioR, provided the tree meets at least one ofthe follo',viag criteria: a. The tree is loeated ia a grol:lpiag of at least five trees with eanopies that toueh er oyerlafl; ef b. The tree provides eaergy savings through vliRter 'lIiad proteetioa or summer shading as a result of its loeatioa relative te proflesed buildings; or c. The tree eelengs to a unique or l:llffisHal species of native or Ron Rative tree not usuaUy fOl:lnd loeally. ( 4) Where it is not feasible to retain reqHired signifieant trees due to site eonstraiRts iRell:laiRg, but not limited to, topography, ingress/egress requiremeRts, eKisting and preposed utility locatieas, trails, storm draiaage impf{)vemeRts, a site speeifie tree plan, dravffl to seale, shall be prepared. The Hee plaa shall she>;1 the preeise loeation of all signifieant trees oa the site, ia relatien te the preflosed buildings, str~ets, parkiag areas, reql:lired lanaseafled areas, surface water faeilities, and utilities. The direetor of eOfHfHHflity aeyelopfHeRt shall review the plan in relation to the propesed de';elepmeRt to enSHFe tree remo'lal is the miaimum amouRt aecessary to eemply '.'lith the proposed de\'elopmeRt and meet the purposes of this chapter. (5) When required signifieant trees canaot be retained (see sHbseetion (e)( 1) of this seetioa), significant trees that are remoyed shall be Feplaeed with: a. Transplanted or retained oa site trees fol:lf iRch ealiper or larger, which meet the definition of signifieant tree in all maaner exeef)t size, and appro'/ed by the eommunity aevelopmeRt direeter, eased l:lpon the aireeter's assessment of the loeation efthe tree ia relation to the preflosed site de'/elopmeat; or b. Nev; e'/ergreea trees that are a miaimum 1 () feet ia height, or deeiduous trees that are a minim.l:lm three iach caliper. The nl:lmber of replacement trees, eombined with the ffilmber of retaiRed signifieaRt trees, shall eEJ:ual 25 percent of the amount of OR site signifieant trees whieh existed prior to deyelopmeRt. (6) The follo'o'liag managemeRt practiees shall be observed oa sites eoR:tainiag signifieant trees, to provide the best proteetion for signifieant trees: a. No clearing shall be allowed on a proposed deyelopmeRt site uRtil the tree reteRtioa and landscape plans have been approyea by the city of Federal Way; b. /'A no distHrbanee area, vlhich shall be defined to be to the elrip liae efthe signifieant tree, shall be ideRtified dl:lring the construction stage '.vith either: 1. /1 temporary five foet chain link feaee; 2. /'..line offi'/e foet high, orange colored two by fOl:lr ineh stakes plaeed no more than ten f~et apart eonaected by highl)' visible sl:lfYlil)'or's ribbon; e. No impervious surfaces, fill, exeayatioa, or storage of construction materials shall be permitted 'Nithin the no distHrbaace area; d. If the grade level arol:lnd the tree is to be raised by more than ORe foot, a rock well shall be constructed. The inside diameter of the rock well shall be equal to the diameter ef the tree trunk plus 10 feet. Proper drainage, and irrigation if neeessary, shall be pro'/ided iR all rock wells; e. The grade level shall not be 10vI'ered withia the larger of the two areas defiaed as follo'o'/s: 1. The drip liRe of the tree(s); or 2. i\n area around the tree eElual to one foot in diameter of eaeh iReh of tree trunk diameter measl:lred fOl:lf feet above the grel:lnd; f. ,^Jtematiye proteetion methods may be used if accepted by the direetor of commuRity development departmeRt to provide e(;).ual or greater tree proteetion; Clearing/Grading and Tree Retention Code Amendments Page 35 g. Encroaehment into the ao disturbance area may be allo'.ved where the direetor determiaes encroaehmeRt would not be detrimental to the health ofthe tree. (Ord. No. 93 170, ~ 4, 42093; Ord. No. 07 559, ~ 3(Exh. A), 7 3 07) 22-1569 Performance and maintenance standards. (a) Performance. (1) All required landscaping shall be installed prior to the issuance of a certificate of occupancy (CO) or final inspection":. unless the applicant submits a performance assurance as noted in 22- 1569( a)(2). (2) Performance assurance. a. If the required landscaping pursuant to an approved site plan will not be installed prior to the issuance of certificate of occupancy. a performance bond or assignment of funds in a form acceptable to the city attorney must be provided to the city to not less than 125% of a contractor's bid. The bond or assignment of funds must be approved by the city and will commit to install the landscape plantinl!s within six months. The bond must be submitted on forms supplied bv the city. The bid amount must include labor and materials. ~ ill When landscaping is required pursuant to this chapter, an inspection shall be performed to verify that the installation has been installed pursuant to the standards of this chapter. ~ (1) Upon completion of the landscaping work, the community development department shall inspect the landscape upon request for compliance with the approved landscape plan. (4j (5) A CO or final inspection may be issued prior to completion of required landscaping provided the following criteria are met: a. An applicant or property owner files a written request with the department of community development prior to five days of a CO inspection; b. The request contains an explanation as to why factors beyond the applicant's control, or which would create a significant hardship, prevent the installation of the required landscaping prior to issuance of the CO; c. The property owner has demonstrated a good faith effort to complete all required landscaping. ~ @ The time period extension for completion of the landscaping shall not exceed 90 days after issuance of a certificate of occupancy to install required landscaping. tej CD Failure to complete landscape installation by an established 90-day extension date shall constitute a zoning violation. If a performance bond has been used. the city shall use the bond to complete the required landscaping. If the amount of the bond or cash deposit is less than the cost incurred bv the city. the applicant/property owner shall be liable to the city for the difference. Ifthe amount ofthe bond or assignment of funds exceeds the cost incurred by the city. the remainder shall be released. (b) Maintenance. The purpose of this section is to establish minimum maintenance standards for landscaping. (1) Plant maintenance. Maintenance of planted areas shall include continuous operations of removal of weeds before flowering; mowing; trimming; edging; cultivation; reseeding; plant replacement; appropriate fertilization; spraying; control of pests, insects, and rodents by nontoxic methods whenever possible; watering; or other operations necessary to assure normal plant growth. In particular, maintenance shall promote landscape performance criteria of this chapter. Plant materials that have died shall be replaced at the beginning of the next appropriate planting season and planting areas shall be kept reasonably free of noxious weeds and trash. (2) Irrigation maintenance. All portions of any irrigation system shall be continuously maintained in a condition such that the intent of an irrigation design is fulfilled. Uncontrolled emission of water from any pipe, valve, head, emitter, or other irrigation device shall be considered evidence of nonmaintenance. Clearing/Grading and Tree Retention Code Amendments Page 36 (3) Other maintenance. Maintenance of all landscaped areas shall also include operations as needed of painting, repairing, reconstruction, and rehabilitation of landscape structl:lres such as walls, fences, overheads, trellises, and the removal of trash. (4) Failure to comply with landscape maintenance standards shall constitute a zoning violation under FWCC 22-11. (Ord. No. 93-170, S 4, 4-20-93) 22-1570 Modification options. (a) Purpose. The purpose ofthis section is to provide an opportunity for development of exceptional or unique landscape designs that do not meet the express terms of FWCC 22-1564 through 22-1567, and/or flexibility of landscape designs. The director of community development services shall have the authority, consistent with the criteria stated herein, to modify specific requirements or impose additional requirements in unique or special circumstances to assure the fulfillment of the stated purpose of this chapter and to allow for flexibility and creative design. Special circumstances or unique conditions shall be reviewed with the director of community development services concurrent to submittal the review of a landscape plan. Examples of special conditions might include: (l) Preservation of unique wildlife habitat; (2) Preservation of natural or native areas; (3) Compliance with special easements; (4) Renovation of existing landscaping; (5) Unique site uses. The alternative landscape modifications described in subsections (c) through (f) of this section shall be allowed only if the proposed modification meets the threshold criteria of subsection (b) of this section, in addition to the special criteria of subsections (c) through (f) ofthis section. In the case of public parks, schools, and public recreational facilities, these uses must meet subsections (aXl) through (a)(4) of this section only. (b) Modifications to the landscape standards may be granted by the director of community development if: (1) The proposed modification represents a superior result than that which could be achieved by strictly following the requirements of this chapter; and (2) The proposed modification complies with the stated purpose of this chapter and any applicable subsections of this chapter; and . (3) If the proposed modification will not violate any city of Federal Way City Codes or ordinances. In particular, a modification shall not be a substitute for any zoning variance; and (4) Where applicable, the proposed modification would result in an increased retention of significant trees and/or naturally occurring vegetation on the site; (5) The proposed modification also satisfies the criteria listed in subsection (b), (c), (d), (e), or (f) of this section. (c) The width of the perimeter landscaping may be reduced up to 25 percent when: (1) "A~ de'/elopment retains an additional 10 perceRt of significant trees 0r 10 signifieaR:t trees per aere on site, 't'miche'/er is greater. (~ ill The proposed landscaped area incorporates a combination of plant materials, berms a minimum of three feet in height, and architectural elements of appropriate height and scale sufficient to act as an efficient substitute for the three-foot berm. (d) The landscaping requirement may be modified when necessary, because of special circumstances relating to the size, shape, topography, vegetation, location or surroundings of the subject property, to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which it is located, or if strict application would result in scenic view obstruction. (e) Perimeter landscape strips may be averaged, provided the minimum width shall not be less than 50 percent of the underlying width requirement. Clearing/Grading and Tree Retention Code Amendments Page 37 (f) If the property abutting the subject property is in the same or a more intensive land use zoning district than the subject property, the landscaping required along that common interior property line may be reduced by 25 percent in area. In addition, the remaining 75 percent of the required landscaping may be relocated upon approval of the community development director, consistent with the standards of this chapter. (g) Biofiltration swales and other surface water/water quality structures may be incorporated into required landscape areas provided the landscaping standards of this chapter are met and the integrity of the surface water function is not compromised. The community development director shall approve any modification of this nature. (h) Modification submittal requirements. A request for modification shall: (1) Be submitted in the same form and according to the same terms as the required landscape documents of this section and subject to the same enforcement requirements; and (2) Be clearly labeled as "Landscape Modification Plan"; and (3) Clearly delineate and identify the deviations requested from the provisions of this or any other section; (4) Be approved by the community development director. (i) Pedestrian facilities, transit stops, and handicapped access may be allowed in required landscape areas without requiring additional buffer area, provided that the intent of this article is met and that the function and safety of the pedestrian facility, transit stop or handicapped facility is not compromised. (Ord. No. 93-170,94,4-20-93; Ord. No. 01-390,93,6-5-01) Article XIX, Community Design Guidelines 22-1634 Site design - All zoning districts. ( a) General criteria. (1) Natural amenities such as views, significant or unique trees, or groupings of trees, creeks, riparian corridors, and similar features unique to the site should be incorporated into the design. (2) Pedestrian areas and amenities should be incorporated in the overall site design. Pedestrian areas include but are not limited to outdoor plazas, arcades, courtyards, seating areas, and amphitheaters. Pedestrian amenities include but are not limited to outdoor benches, tables and other furniture, balconies, gazebos, transparent glass at the ground floor, and landscaping. (3) Pedestrian areas should be easily seen, accessible, and located to take advantage of surrounding features such as building entrances, open spaces, significant landscaping, unique topography or architecture, and solar exposure. (4) Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. (5) Place physical features, activities, and people in visible locations to maximize the ability to be seen, and therefore, discourage crime. For example, place cafes and food kiosks in parks to increase natural surveillance by park users, and place laundry facilities near play equipment in multiple-family residential development. Avoid barriers, such as tall or overgrown landscaping or outbuildings, where they make it difficult to observe activity. (6) Provide access control by utilizing physical barriers such as bollards, fences, doorways, etc., or by security hardware such as locks, chains, and alarms. Where appropriate, utilize security guards. All of these methods result in increased effort to commit a crime and, therefore, reduce the potential for it to happen. (7) Design buildings and utilize site design that reflects ownership. For example, fences, paving, art, signs, good maintenance, and landscaping are some physical ways to express ownership. Identifying intruders is much easier in a well-defined space. An area that looks protected gives the impression that Clearing/Grading and Tree Retention Code Amendments Page 38 greater effort is required to commit a crime. A cared-for environment can also reduce fear of crime. Areas that are run down and the subject of graffiti and vandalism are generally more intimidating than areas that do not display such characteristics. (b) Surface parking lots. (1) Site and landscape design for parking lots are subject to the requirements of Article XVII of this chapter. (2) Vehicle turning movements shall be minimized. Parking aisles without loop access are discouraged. Parking and vehicle circulation areas shall be clearly delineated using directional signage. (3) Driveways shall be located to be visible from the right-of-way but not impede pedestrian circulation on-site or to adjoining properties. Driveways should be shared with adjacent properties to minimize the number of driveways and curb cuts. (4) Multi-tenant developments with large surface parking lots adjacent to a right-of-way are encouraged to incorporate retail pads against the right-of-way to help break up the large areas of pavement. (5) See FWCC 22-1638 for supplemental guidelines. (c) Parking structures (includes parking floors located within commercial buildings). (1) The bulk (or mass) of a parking structure as seen from the right-of-way should be minimized by placing its short dimension along the street edge. The parking structure should include active uses such as retail, offices or other commercial uses at the ground level and/or along the street frontage. (2) Parking structures which are part of new development shall be architecturally consistent with exterior architectural elements of the primary structure, including rooflines, facade design, and finish materials. (3) Parking structures should incorporate methods of articulation and accessory elements, pursuant to FWCC 22-1635(c)(2), on facades located above ground level. (4) Buildings built over parking should not appear to "float" over the parking area, but should be linked with ground level uses or screening. Parking at grade under a building is discouraged unless the parking area is completely enclosed within the building or wholly screened with walls and/or landscaped berms. (5) Top deck lighting on multi-level parking structures shall be architecturally integrated with the building, and screened to control impacts to off-site uses. Exposed fluorescent light fixtures are not permitted. (6) Parking structures and vehicle entrances should be designed to minimize views into the garage interior from surrounding streets. Methods to help minimize such views may include, but are not limited to, landscaping, planters, and decorative grilles and screens. (7) Security grilles for parking structures shall be architecturally consistent with and integrated with the overall design. Chain-link fencing is not permitted for garage security fencing. (8) See FWCC 22-1638(c)(4) for supplemental guidelines. (d) Pedestrian circulation and public spaces. (I) Primary entrances to buildings, except for zero lot line townhouse development and attached dwelling units oriented around an internal courtyard, should be clearly visible or recognizable from the right-of-way. Pedestrian pathways from rights-of-way and bus stops to primary entrances, from parking lots to primary entrances, and pedestrian areas, shall be accessible and should be clearly delineated. (2) Pedestrian pathways and pedestrian areas should be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping. Approved methods of delineation include: stone, brick or granite pavers; exposed aggregate; or stamped and colored concrete. Paint striping on asphalt as a method of delineation is not encouraged. Clearing/Grading and Tree Retention Code Amendments Page 39 o Figure 1 - Sec. 22 - 1634 (d) Pedestrian pathways from R.O.W. Figure 2 - Sec. 22- 1634 (d) Pedeslfian connections (3) Pedestrian connections should be provided between properties to establish pedestrian links to adjacent buildings, parking, pedestrian areas and public rights-of-way. (4) Bicycle racks should be provided for all commercial developments. (5) Outdoor furniture, fixtures, and streetscape elements, such as lighting, freestanding signs, trellises, arbors, raised planters, benches and other forms of seating, trash receptacles, bus stops, phone booths, fencing, etc., should be incorporated into the site design. (6) See FWCC 22-1638 for supplemental guidelines. (e) Landscaping. Refer to Article XVII of this chapter for specific landscaping requirements and for definitions of landscaping types referenced throughout this article. (f) Commercial service and institutional facilities. Refer to FWCC 22-949 and 22-1564 for requirements related to garbage and recycling receptacles, placement and screening. (1) Commercial services relating to loading, storage, trash and recycling should be located in such a manner as to optimize public circulation and minimize visibility into such facilities. Service yards shall comply with the following: a. Service yards and loading areas shall be designed and located for easy access by service vehicles and tenants and shall not displace required landscaping, impede other site uses, or create a nuisance for adjacent property owners. b. Trash and recycling receptacles shall include covers to prevent odor and wind-blown litter. c. Service yard walls, enclosures, and similar accessory site elements shall be consistent with the primary building(s) relative to architecture, materials and colors. filillr; 3 . S'e. l~ - 1634,:1 nast' ,aro 51D rage- a.rlIS l"L .' . '. 1~"li~'~~(r.' ;. :?~( " . 1';..:uII>': - ~.'~. ~'l . 1~.l4.: fI LO"di~g :Ilea! d. Chain-link fencing shall not be used where visible from public streets, on-site major drive aisles, adjacent residential uses, or pedestrian areas. Barbed or razor wire shall not be used. Clearing/Grading and Tree Retention Code Amendments Page 40 (2) Site utilities shall comply with the following: a. Building utility equipment such as electrical panels and junction boxes should be located in an interior utility room. b. Site utilities including transformers, fire standpipes and engineered retention ponds (except biofiltration swales) should not be the dominant element ofthe front landscape area. When these must be located in a front yard, they shall be either undergrounded or screened by walls and/or Type I landscaping, and shall not obstruct views of tenant common spaces, public open spaces, monument signs, and/or driveways. (g) Miscellaneous site elements. (1) Lighting shall comply with the following: a. Lighting levels shall not spill onto adjacent properties pursuant to FWCC 22-954(c). b. Lighting shall be provided in all loading, storage, and circulation areas, but shall incorporate cut-off shields to prevent off-site glare. c. Lighting standards shall not reduce the amount of landscaping required for the project by Article XVII ofthis chapter, Landscaping. (2) Drive-through facilities, such as banks, cleaners, fast food, drug stores and service stations, etc., shall comply with the following: a. Drive-through windows and stacking lanes are not encouraged along facades of buildings that face a right-of-way. If they are permitted in such a location, then they shall be visually screened from such street by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate screening. b. The stacking lane shall be physically separated from the parking lot, sidewalk, and pedestrian areas by Type III landscaping and/or architectural element, or combination thereof; provided, such elements reflect the primary building and provide appropriate separation. Painted lanes are not sufficient. c. Drive-through speakers shall not be audible off-site. d. A bypass/escape lane is recommended for all drive-through facilities. e. See FWCC 22-1638(d) for supplemental guidelines. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 99-333, S 3,1-19-99; Ord. No. 00-382, S 3,1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 06-515, S 3, 2-7-06; Ord. No. 07-554, S 5(Exh. A(15)), 5-15-07) 22-1635 Building design - All zoning distrlcts. (a) General criteria. (1) Emphasize, rather than obscure, natural topography. Buildings should be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation, unless this provision is precluded by other site elements such as stormwater design, optimal traffic circulation, or the proposed function or use of the site. See FWCC 22-XXXX for related standards for development on sites with slopes of 15% or greater. Ti~ul":) - :-;0::, '1'~ - . (,1::: (Jt; Em'\'hllLlllltin{J I\llaJrallo,ograpty Clearing/Grading and Tree Retention Code Amendments Page 41 (2) Building siting or massing shall preserve public viewpoints as designated by the comprehensive plan or other adopted plans or policies. (3) Materials and design features offences and walls should reflect that of the primary building(s) and shall also meet the applicable requirements ofFWCC 22-XXX. Rockeries and retaining walls. (b) Building facade modulation and screening options, defined. Except for zero lot line townhouse development and attached dwelling units, all building facades that are both longer than 60 feet and are visible from either a right-of-way or residential use or zone shall incorporate facade treatment according to this section. Subject facades shall incorporate at least two of the four options described herein; except, however, facades that are solidly screened by Type I landscaping, pursuant to Article XVII of this chapter, Landscaping, may use facade modulation as the sole option under this section. Options used under this section shall be incorporated along the entire length of the facade, in any approved combination. Options used must meet the dimensional standards as specified herein; except, however, if more than two are used, dimensional requirements for each option will be determined on a case-by-case basis; provided, that the gross area of a pedestrian plaza may not be less than the specified minimum of 200 square feet. See FWCC 22-1638(c) for guidelines pertaining to city center core and city center frame. (1) Facade modulation. Minimum depth: two feet; minimum width: six feet; maximum width: 60 feet. Alternative methods to shape a building, such as angled or curved facade elements, off-set planes, wing walls and terracing, will be considered; provided, that the intent of this section is met. . ':.i:-:'~"" ..i :. -. . .....,; . .. .. . . ~ .0... _. . b ~,..,;.,... .. . o. J t;,'MI'I -e,o'A4M. Figure 6 - Sec. 22 - 1635 (b) Incorporating modulations (2) Landscape screening. Eight-foot-wide Type II landscape screening along the base ofthe facade, except Type IV may be used in place of Type II for facades that are comprised of 50 percent or more window area, and around building entrance(s). For building facades that are located adjacent to a property line, some or all of the underlying buffer width required by Article XVII of this chapter, Landscaping, may be considered in meeting the landscape width requirement of this section. : 0* lI<0.Jo ."0*0 0'/1:1(:- : *;tP* ~<\ 1; ~~- Figure 7 - Sec. 22 .1635 (b) Incorporating landscaped buffers Clearing/Grading and Tree Retention Code Amendments Page 42 (3) Canopy or arcade. As a modulation option, canopies or arcades may be used only along facades that are visible from a right-of-way. Minimum length: 50 percent of the length of the facade using this option. ~!Cl ~ Figure 8 - Sec. 22 - 1635 (b) Inco'pclfallng canopyla,cad. (4) Pedestrian plaza. Size of plaza: Plaza square footage is equal to one percent of the gross floor area of the building, but it must be a minimum of 200 square feet. The plaza should be clearly visible and accessible from the adjacent right-of-way. + I .. .. ~ 2 ~ .. I'ILDWIA.e Figure 9 - Sec. 22 - 1635 (b) Incorporating pedestrian plaza (c) Building articulation and scale. (1) Except for zero lot line townhouse development and attached dwelling units, building facades visible from rights-of-way and other public areas should incorporate methods of articulation and accessory elements in the overall architectural design, as described in subsection (c)(2) of this section. l'";;p.,.:-t" 1".5.... "'. J ~"S ''''1 b~ICl"-;,lI~~'b;. .n". Clearing/Grading and Tree Retention Code Amendments Page 43 .. --"--C=':.' :'i"un: II Sn'. 2~ - J(,>].~ I~: I 1\':;'. ,...., 1;.10 m_.1S . ~ ~. .. ,... . . _..- Figun: 12 - Sec. 22.1635 (c) [illlli.~. ~~ ~. D D Dr. ..~. .... '. . " ..- . ., . . . . .' " '., '. .':..' . '.: '.' :'., t. . , '. . '.. . Archltedurll fealUfH Archlectural tea" Me.... "ariatlons Undsclpecl publt pIaU. Fi~urc 13. Sec. 22 . 1635 (c) Landscapln. ArIwork~ural (2) Methods to articulate blank walls: Following is a nonexclusive list of methods to articulate blank walls, pursuant to FWCC 22-1564(u) and subsection (c)(l) of this section: a. Showcase, display, recessed windows; b. Window openings with visible trim material, or painted detailing that resembles trim; c. Vertical trellis( es) in front of the wall with climbing vines or similar planting; d. Set the wall back and provide a landscaped or raised planter bed in front of the wall, with plant material that will obscure or screen the wall's surface; e. Artwork such as mosaics, murals, decorative masonry or metal patterns or grillwork, sculptures, relief, etc., over a substantial portion of the blank wall surface. (The Federal Way arts commission may be used as an advisory body at the discretion of the planning staff); f. Architectural features such as setbacks, indentations, overhangs, projections, articulated cornices, bays, reveals, canopies, and awnings; g. Material variations such as colors, brick or metal banding, or textural changes; and h. Landscaped public plaza(s) with space for vendor carts, concerts and other pedestrian activities. (3) See FWCC 22-1638(c) for supplemental guidelines. (Ord. No. 96-271, ~ 3, 7-2-96; Ord. No. 99- 333, ~ 3,1-19-99; Ord. No. 00-382, ~ 3, 1-16-01; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 06-515, S 3, 2-7-06; Ord. No. 07-554, ~ 5(Exh. A(15)), 5-15-07) 22-1638 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (a) Professional office (PO), neighborhood business (BN), and community business (Be). (1) Surface parking may be located behind the building, to the side(s) ofthe building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of-way maximizes pedestrian access and circulation pursuant to FWCC 22-1634( d). Clearing/Grading and Tree Retention Code Amendments Page 44 (2) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (3) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (4) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context-sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (5) Ground-level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (6) If utilized, chain-link fences visible from public rights-of-way or adjacent properties, and not screened by Type I landscaping as defined by Article XVII, shall utilize vinyl-coated mesh, powder- coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For residential uses only: (7) All sigaifieant trees within a 20 feet perimeter strip areuncl the site shall Be fetained andfer replaced within the applieaele re(;).uired landseape buffer. No changes the remainder of this section. K:\2008 Code Amendments\Trees, Vegetation, & Grading\Planning Commission\110508 Public Hearing\Exhibit A draft code amendments. doc Clearing/Grading and Tree Retention Code Amendments Page 45