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LUTC PKT 11-17-2008 City of Federal Way City Council Land Use/Transportation Committee November 17, 2008 5:30 p.m. City Hall Council Chambers ReN~ MEETING AGENDA 1. CALL TO ORDER 2. APPROVAL OF MINUTES: November 3, 2008 3. PUBLIC COMMENT (3 minutes) 4. BUSINESS ITEMS A. Grant Funding for Transportation Improvement Projects Action Roberts/5 min. B. 2009 Street Sweeping Services Contract- Bid Award Action Salloum/5 min. C. Easter Lake Flood Control ImprovementProject and West Branch Joes Action Appleton/l 0 min. Creek Culvert Replacemmt Project- Hoyt Rd. SW Vic. (Small CIP) 50% Design Approval D. Resolution Directing a Final Reorganization of the Federal Way City Action Walls/5 min. Code E. Ordinance Correcting Various Technical Errors in the Federal Way Action Walls/5 min. City Code F. Ordinance Addressing Nuisance in the City Code Action Walls/l 0 min. G. Ordinance Addressing Land Use Processes in the Federal Way City Action Walls/l 0 min. Code H. Ordinance Addressing Civil Enforcement in the Federal Way City Code Action Walls/lO min. I. Ordinance Addressing Amendments Relating to the Definitions in the Action Walls/5 min. Federal Way City Code 5. FUTURE MEETINGS/AGENDA ITEMS 6. ADJOURN Committee Members Linda Kachmar, Chair Jim Ferrell Dini Duclos City Staff Cary M Roe, P.E., Assistant City Manager/Emergency Manager Darlene leMaster, Administrative AssistantIl 253-835-2701 G:\LUTC\LUTe Agendas and Summaries 2008\11-17-08 LUTe Agenda. doc City of Federal Way City Council Land UselTransportation Committee November 3, 2008 5:30 PM City Hall City Council Chambers MEETING MINUTES In attendance: Committee Chair Linda Kochmar, Committee Member Dini Duclos, Committee Member Jim Ferrell, Councilmember Jeanne Burbidge, Assistant City Attorney Peter Beckwith, Director of Community Development Services Greg Fewins, Acting Deputy Public Works Director Marwan Salloum, Planning Manager Isaac Conlen, Associate Planner Matthew Herrera, Senior Planner Margaret Clark, Streets Systems Project Engineer John Mulkey, Street Systems Project Engineer Brian Roberts, Senior Financial Analyst Mark Turley and Administrative Assistant II Darlene LeMaster. 1. CALL TO ORDER Committee Chair Kochmar called the meeting to order at 5:30 PM. All members were present. 2. APPROVAL OF MINUTES The October 20,2008 LUTC meeting minutes were approved. Moved: Duclos Seconded: Ferrell Passed: Unanimously, 3-0 3. PUBLIC COMMENT No public comment was received: 4. BUSINESS ITEMS A. School Impact Fees Mark Turley provided background information on the item. Committee Member Duclos asked if any allowance would be made for senior housing since they have no impact on the schools. Mr. Fewins answered that senior housing or anything that has a "senior" designation is fully exempt from the school impact fee per the school impact fee ordinance currently in place. Committee Member Duclos commented that she wondered if the additional school impact fee may impact the cost of housing in any way and added that this was just a concern, especially in our economic times and with trying to keep cost of housing affordable. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee forwarded Option 1 to the November 18, 2008 City Council Consent Agenda for approval. B. Construction Hours Code Amendment Matthew Herrera provided background information on this item. Committee Member Duclos commented on the Planning Commission summary in that one Planning Commissioner was concerned more about noise and three Planning Commissioners were anticipating that this Code Amendment may help in speeding up construction time on major projects. Committee Member Duclos is most concerned about noise for residential areas. Mr. Herrera explained that the current code states that noise from development activity or heavy equipment use cannot interfere with any residential use permitted in that zone. Mr. Herrera confirmed that the code amendment would be written to give the Director of Community Development Services flexibility to make a variance revocable at any time. The Washington State Noise Control Act of 1974 has certain parameters that must be maintained. For example, even if later construction hours are allowed, there is still a maximum decibel level that cannot be exceeded under this Act. Committee Member Ferrell asked staff how the request for a code amendment was generated. Mr. Herrera responded that staff, PW staff, actually suggested a code amendment for major projects that involve road repair, asphalt overlay and construction. Committee Member Ferrell also expressed concern that when this request was heard at Planning Commission, that there were only four of the seven members present and that their vote on this item was 3:1, not the majority needed to actually make a recommendation. This item comes to LUTC from the Planning Commission without recommendation. G:\LUTClLUTC Agendas and Summaries 2008\11-03-08 Minutes.doc Land Useffransportation Committee Page 2 November 3, 2008 Committee Member Ferrell motioned to refer this item back to Planning Commission for further consideration, hoping that all members may be present and that a unanimous decision may be reached. Councilmember Burbidge is in agreement with the Committee and suggests that more discussion and fme tuning is necessary at the Planning Commission level prior to a recommendation being made at LUTC. Chair Kochmar asked what the criteria would be for the CD Director to revoke work hour variance. Mr. Herrera stated that the code as it is now is open to interpretation. The Code defmitely could be made clearer. Committee Member Ferrell also noted that SR 99 HOV Lanes Ph. IV is just around the corner. The area involves both businesses and residential. Committee Member Ferrell's main concern is in these multi-use areas, what the City may consider allowing that could potentially compromise quality of life to residents living within that area. Before deciding on this code amendment, Committee Member Duclos would like more specifics. She is not in favor of a blanket policy and would request that Planning Commission look more closely at extended hours, especially for heavy equipment use. She feels that extended hours could really benefit businesses; more construction could take place at night and potential revenue loss due to project construction would be decreased. Chair Kochmar also suggested that staff may want to provide notice to the public via the newspaper prior to the next meeting so that residents or business owners can come and comment on this issue. She also suggested contacting the Master Builders Association. Moved: Ferrell Seconded: Duclos Passed: Unanimously, 3-0 Committee approved referring this item back to Planning Commission for further consideration. C. Pacific Highwav S HOV Lanes Phase IV - 85% Design Report (18th Ave S to S 312th St) Brian Roberts provided background information on this item. Committee Member Duclos asked if a request for the $3M shortfall was in the 2009-2010 budget. Mr. Roberts confirmed that the request is part of the 2009-2010 budget proposed to Council. Moved: Duclos Seconded: Ferrell Passed: 2-0; 1 RecusaI Committee forwarded Option 1 to the November 18, 2008 City Council Consent Agenda for approval. D. S 356th St at SR 99 Intersection Improvement Proiect - LUD Design - Construction ILA John Mulkey provided background information on this item. There was no discussion. Moved: Ferrell Seconded: Duclos Passed: 2-0; 1 Recusal Committee forwarded Option 1 to the November 18,2008 City Council Consent Agenda for approval. 5. FUTURE MEETING The next regularly scheduled LUTC meeting will be November 17,2008 at 5:30 PM. 6. ADJOURN The meeting adjourned at 6:00 PM. G:\LUTClLUTC Agendas and Summaries 2008\11-03-08 Minutes.doc COUNCIL MEETING DATE: December 2,2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Grant Funding for Transportation Improvement Projects POLICY QUESTION: Should City Council authorize staff to submit grant applications for transportation improvement projects? COMMIlTEE: Land Use and Transportation Committee MEETING DATE: November 17,2008 CATEGORY: IZI Consent D City Council Business D Ordinance D Resolution Public Hearing Other : Public Works STAFF REpORT By: Marwan Salloum, P.E., Acting Deputy Public Wor Director Attachments: Memorandum to the Land Use and Transportation Committee dated November 17, 2008. Options Considered: 1. Authorize staff to submit a grant funding application under the 2009 - 20 II Regional Mobility Grants Funding Program for the Pacific Rwy S ROV Lanes Phase IV (Dash Point Rd to S 312th Street) Improvements Project 2. Do not submit any grant funding application under the Regional Mobility Grants program for these projects. STAFF RECOMMENDATION: Staff recommends forwarding Option I to the December 2,2008 Council Consent Agenda for approval. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Committee Council COMMIlTEE RECOMMENDATION: Committee recommends forwarding staffs recommendation to the December 2, 2008 Council Consent Agenda for approval. Linda Kochmar, Chair Jirn Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move approval to authorize staff to submit a grant funding application under the 2009 - 2011 Regional Mobility Grants Funding Program for the Pacific Hwy S HOV Phase IV (Dash Point Rd to S 312th Street) Improvements Project." (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 17, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operations Officer, Emergency Manager Marwan Salloum, P.E., Acting Deputy Public Works Din~~or Brian H. Roberts, P .E., Street Systems Project Enginee~ Grant Funding for Transportation Improvement Projects BACKGROUND This memorandum provides the Council with the current funding availability of new grant funding programs for transportation projects. Staff has evaluated all projects listed on the City's Six Year Transportation Improvements Plan (TIP) and concluded that the following project will likely be competitive in the 2009 - 2011 Regional Mobility Grants (State) Funding Program. Project (Funding Phase) Grant Estimated Total Pro.iect Cost Possible Grant Fund Required City Match Pacific Bwy S BOV Phase IV (Dash Point Rd to S 312th Street) (Construction Phase) 2009 - 20 II Regional Mobility Grants (State) $21,280,000 $1,300,000 $130,000 COUNCIL MEETING DATE: December 2, 2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: 2009 Street Sweeping Services Contract - Bid A ward POLICY QUESTION: Should the Council award the 2009 Street Sweeping Service Contract to the lowest responsive, responsible bidder? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 17,2008 CATEGORY: [gI Consent D City Council Business D Ordinance D Resolution Public Hearing Other ~TAFF ~~~RT By: M~_~_S._~lloum,_~.E'2 Acting I:?.~..!>-'..~~lic _Works Dire~to_~_PT: Public Works ATTACHMENTS: Memorandum to the Land Use and Transportation Committee dated November 17, 2008. OPTIONS CONSIDERED: 1. Award the 2009 Street Sweeping Services Contract to McDonough & Sons, Inc., the lowest responsive, responsible bidder in the amount of $90, 168.3 8 and authorize the City Manager to execute the contract. 2. Do not award the 2009 Street Sweeping Services Contract to the lowest responsive, responsible bidder and provide direction to staff STAFF RECOMMENDATION: Staff recommends Option 1 be forwarded to the December 2, 2008 City Council Consent Agenda for approval. CITY MANAGER ApPROVAL: DIRECTOR APPROVAL: ~ Committee Council COMMITTEE RECOMMENDATION: Forward the above staff recommendation to the December 2, 2008 City Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to direct staff to award the 2009 Street Sweeping Services Contract to McDonough & Sons, Inc., the lowest responsive, responsible bidder in the amount of$90,168.38 and authorize the City Manager to execute the contract. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: SUBJECT: November 17,2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, Chief Operations ~~; 7gency Manager Marwan Salloum, P.E., Acting Deputy Public Works Director~ 2009 Street Sweeping Services Contract - Bid A ward BACKGROUND: Four bids were received and opened on November 6,2008 for the 2009 Street Sweeping Services Contract, please see attached Bid Tabulation Summary. The total bids for this contract are as follows: Company McDonough & Sons, Inc. Action Services Corporation Davidson-Marcri Sweeping, Inc. Everson's Econo-Vac, Inc. Bid Amount $90,168.38 $91,626.46 $103,365.73 $171,356.00 Available Budget Amount $107,605.00 The lowest responsive, responsible bidder is McDonough & Sons, Inc. with a total bid of $90,168.38. The amount available in the 2009 budget for this service is $107,605.00. The 2008 contract amount was $103,050.56. K:\LUTC\2008\11-17-08 2009 Street Sweeping Service Bid award.doc II) W o ~ W II) Cjl8 z.... ;roO wc> ~~ II)m 1-1&. WII: W II: l- II) ... c> c> N 00 c> c> N ui .. .. .Q E .. > o z ! 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'ii o 0000 0000 ~~~~ 1;; o o :i o .... ~g~8 ~~ ~-~ ;~~= c .. .. ~~ .. ::!::!::!::! .. c: ...- - .. 8! 5~~~~ b_~~~CI;~ :;..:;..~ .. ..... 'OJ= o~ o ggggg "";cicicici ;t;t;t;t;t '2 :> ltI en In II) .!!.!! ..!!L~ :i!:i:i:i! c ~ o E 0( ..- C")CO lI)'l') ~C!CO:~oc:i NCD.......... N ............ E ! .. .. Q)t) ee.!!1 (;) U).~ ~ ~ ~ ~ ~~~~ .~ g ~ ~ ~28m ,,","C'\I(f)~l.() COUNCIL MEETING DATE: December 2,2008 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert Replacement Projects - 50% Design Approval POLICY QUESTIONS: Should the Council authorize staff to proceed with final design of the Easter Lake Flood Control Improvements Project and return to the Council at the 100% design completion for authorization to bid? Additionally, should the Council authorize staffto add the design and construction ofa minor SWM CIP West Branch Joes Creek Culvert Replacement Project to the Easter Lake Flood Control Improvements Project as a separate bid schedule? COMMITTEE: Land Use and Transportation Committee MEETING DATE: November 17, 2008 CATEGORY: ~ Consent D City Council Business D Ordinance D Resolution D D Public Hearing Other ~!~F!,__~!,-Q~!J~y.:W:!!L~PP!~!9~,_e:E_:1_~~.M~~g~!.........._........_....._____...__....~.~l.:'.!;..f!!~!~~.w:9~~s ..__..._.___..... Attachments: Land Use and Transportation Committee memorandum dated November 17, 2008, and a vicinity map and 50% design plans for the West Branch Joes Creek Culvert Replacement Project. Options Considered: I. Authorize staff to proceed with final design of the Easter Lake Flood Control Improvements Project and return to the Council at the 100% design completion for authorization to bid. Additionally, authorize staff to add the design and construction of a minor SWM CIP West Branch Joes Creek Culvert Replacement Project to the Easter Lake Flood Control Improvements Project as a separate bid schedule. 2. Do not authorize either project and provide further direction to staff. STAFF RECOMMENDATION: Staff recommends Option 1. CITY MANAGER ApPROVAL: DIRECTOR ApPROVAL: ~ Committee COWlcil COMMITTEE RECOMMENDATION: Place Option Ion the December 2,2008 Council Consent Agenda for approval. Linda Kochmar, Chair Jim Ferrell, Member Dini Duclos, Member PROPOSED COUNCIL MOTION: "I move to approve Option No. 1 above to authorize staff to proceed with final design of the Easter Lake Flood Control Improvements Project and return to the Council at the 100% design completion for authorization to bid Additionally, authorize staff to add the design and construction of a minor SWM CIP West Branch Joes Creek Culvert Replacement Project to the Easter Lake Flood Control Improvements Project as a separate bid schedule. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: TO: VIA: FROM: November 17, 2008 Land Use and Transportation Committee Cary M. Roe, P.E., Assistant City Manager, C.O.O., Emergency Manager Will Appleton, P.E., Surface Water Manager ~ Ken Miller, P.E., Deputy Public Works Director ~ Easter Lake Flood Control Improvements & West Branch Joes Creek Culvert SUBJECT: Replacement Proiects - 50% Design Approval BACKGROUND: Easter Lake Flood Control Improvements Project: On July 1, 2008; Council authorized the SWM Manager to combine three Easter Lake vicinity projects and return to Council at the 50% Design stage. These projects included the installation of a new stormwater trunk along lOth Avenue South between South 306th Street and South 308th Street, and installation ofa new stormwater trunk along South 308th Street between 10th Avenue South and a roadway sag located immediately south of Memorial Stadium. Additionally; this project will install a new pipe between the South 308th Street roadway sag and the northwest corner of Easter Lake. The project design is now at the 50% design stage with finalization of the design and processing of City and State permitting still remaining to be completed. The design plans will be available at the LUTC meeting. West Branch Joes Creek Culvert Replacement Project: In 2004, SWM staff repaired an isolated collapsed section of a very deep and old 36-inch culvert which conveys the West Branch of Joes Creek into the south end of Lake Lorene. Staff have been annually monitoring the culvert and have determined that it is now failing and needs to be replaced as soon as possible since other sections of the pipe are starting to collapse. In order to replace this culvert in the rnost efficient, cost effective and timely manner, staff request authorization from Council to add the design and construction of this work to the Easter Lake Flood Control Improvements project as a separate bid schedule. Since this project is not a scheduled CIP, the SWM Division is planning to utilize the perpetual SWM Minor CIP budget to fund the work. The cornbined project would be constructed during the summer of2009. The project cost data is surnrnarized below: Proiect Pro.iect Bud!et Estimated Project Cost Easter Lake Flood Control Irnprovements $911,000 $909,000 West Branch Joes Creek Culvert Replacement $65,000 $60,000 Total $976,000 $969,000 Staff plan to bring the project back to the Council at the 100% design stage for review and approval to advertise. cc: Project/Day File Attachments: West Branch Joes Creek Culvert Replacement plans West Branch Joes Creek Culvert Repilacement LEGEN [) D Paved Edge of RoadWay [~="JWetlands //\\/i Streams N City of Federal Way Public Works Department Surface Water Management Division 100 0 100 200 300 400 Feet ~..- ' Map Printed-No., 7 200B -......--................----.--.-.-..-.............-..-.......-...................................-........--..--....-...................................................... COUNCIL MEETING DATE: January 6th, 2009 ITEM #: .............-......-.-......-..-.-........--......-.................-...-............-.-..--.... ...........................-............ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Resolution directing a final reorganization ofthe Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL DIRECT THE CLERK IN CONJUNCTION WITH CODE PUBLISHING TO FINALIZE THE REORGANIZATION OF THE FEDERAL WAY CITY CODE? COMMITTEE: Land Use/Transportation Committee CATEGORY: o Consent MEETING DATE: Nov. 17th, 2008 o City Council Business o Ordinance [8] Resolution o o Public Hearing Other .~:!~!!.. REPO~!...~_~:~ON_~.~!:~~J?~!'~!y._c;:.!!X_!.\TT9RN~:x: DEPT: Law ....-........-......--..---.---...-.---.---...-.......-.-.-.-...-.-.......-- Staff has reviewed a draft reorganization of the Federal Way City Code and made certain numbering and organizational changes. The code is ready to be finalized into the new Federal Way Revised Code. Attachments: Proposed resolution. Options Considered: 1. Recommend approval of the Resolution and forward to the full Council on January 6th, 2009. 2. Modify the proposed Resolution and forward to the full council for first reading. 3. Do not approve the proposed Resolution. STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: p~ Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move approval of the proposed Resolution n. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DIRECTING THAT THE CITY CLERK IN 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 F ederal 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 RES # , Page 1 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, italiclzed, 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. 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-reference FWRC 19.110.080, FWRC 19.230, FWRC 19.225, and FWRC 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 RES # , Page 2 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 XIV 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 (FWCG 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". 10. The division/subdivision hierarchy should be removed from FWCC 19.35 (FWCC Ch. 22 art III). 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. 13. 19.30.120). 14. 15. Delete FWRC 16.45.020 (moved to FWRC 7.05.020) Include cross reference in FWRC Ch. 16.45 to FWRC Chap 19.30 (FWRC In FWRC 9.05.190 (FWCC 4-28) correct internal reference from chapter to title FWRC Chapter 4.30's name is changed to "Activities in the Right-of-way". RES # , Page 3 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. 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 day of ,2007. CITY OF FEDERAL WAY RES # , Page 4 MAYOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEILLY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIAA. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: RES # , Page 5 COUNCIL MEETING DATE: December 2nd, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Correcting Various Technical Errors In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE CORRECTING VARIOUS TECHNICAL ERRORS IN THE FEDERAL WAY CITY CODE? COMMITTEE: Land Use/Transportation Committee MEETING DATE: Nov. 17th, 2008 CATEGORY: o Consent o City Council Business STAFF REpORT By: AARON [8] Ordinance o Resolution DEPUTY CITY ATTORNEY o o Public Hearing Other DEPT: Law Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number of numbering errors, grammatically errors, redundant language, and typographical errors that should be corrected. Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, Ordinance with 1 appendix. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on December 2nd. 2. Modify the proposed Ordinance and forward to the full council for first reading. 3. Do not approve the proposed Ordinance. ..-.-..--.-...........--...----......-.--.-..-..........-.-------.......-----.-.----.--..----.-.-.-.---.-..--.-.......-.--.----..-..--..- STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: ~ CommIttee Council COMMITTEE RECOMMENDA nON: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move to forward the ordinance to a second reading for enactment on the January 6th consent agenda n. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 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 conso I idated; 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 COUNClL 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 I (b) Lowest story construction requirements. The lowest story in a five-story Type V A 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 wood 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, ~ I(B), 6-5-01; Ord. No. 04-465, ~ 8, 10-5-04; Ord. No. 07-563 ~ 1, 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, ~ I(B), 6-5-01; Ord. No. 04-465, ~ 8, 10-5-04; Ord. No. 07-563 ~ I, 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 ( I) Structural observation provided by the engineer of record for structural frame elements; and (2) Special inspections as required in the 2006 International Building Code~ as presently constructed or as hereafter amended. (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 (1) The following chapters of the Washington Administrative Code as presently constituted or as may be subsequently amended (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 cOflstit\:lted or as may be subsequently amended provided that in the event of conflicts with the State Plumbing Code adoption of the Uniform Plumbing Code the state code will prevait 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, of the Federal Way City Code shall be amended to read as follows: 5-166 Codes adopted. The following codes, as presently constituted or as may be subsequently amended, are all ~ adopted as amended, added to, or excepted in this chapter, together 'Nith all amendments and additions provided in tllis-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, S 10, 9-15-98; Ord. No. 04-465, 9 14, 10-5-04; Ord. No. 07-5639 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 bum 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 500ft vegetation as required in this Code by FWCC 13 242. (Ord. No. 93-187,9 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 storm water 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) Event Prevent harmful materials from leaking, spilling, draining, or being dumped into any public or private stormwater system. (Ord. No. 99-352,93, 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 prescribed in FWRC Title 16 (as amended) relating to water quality, or does not conform to the dcvelopment regulations contained in Article XIII, Division 12, of this chapter (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 ,\rticle XIII, Division 12 of this chapter (FWCC 22 1196 through 22 1220, as amended). (I) 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 Article xm, Division 12 of this chapt-er (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 stonnwater 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 redevelopmenL A person choosing to utilize such extended construction shall provide, prior to approval of the storm water 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 redevelopmenL 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 redevelopmenL 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 storm water 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 ofCC-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, 9 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 eXlstmg 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. (I) 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 of the 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 community dc','clopmcnt 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 XVII[ 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: (I) 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 nonconfornling 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 IIV, Article VII of this Code, if the sign is determined to be of historic significance by satistying 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. ( I) 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)( 1) 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 commHRity development services 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 of this subsection. (j) 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, 9 4 (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, 9 4,12-7-99; Ord. No. 01-398,9 1,7-17-01; Ord. No. 04-468, S 3, 11-16-04; Ord. No. 05-486, S 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 1971 Domestie animals. F'.VCC R.2ll et seq., regarding animals in residential zones, shall be the regulations for keeping animals in residential zones permitting home occupations. (Ord. No. 90 13, ~ 2( 115 .65( 1 n, 2 27 90) 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: (I) 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; (II) 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, 92 (115_75(3)), 2-27-90; Ord. No. 90-77,93 (115.75(3)), 12-11-90; Ord. No. 04-468,93, 11-16-04) SECTION 12. Chapter 22, Article XlII, Section 22-1176, of the Federal Way City Code (FWRC 19.130.250) shall be amended to read as follows: 22-1176 [FWRC 19.130.250) 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: (I) 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 to (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) Additional exceptions as outlined in FWCC 22 1179 Parking or storage as allowed by FWCC 22-1178 [FWRC 19.130.270]. 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, S 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 [FWRC 19.130.2701. (Ord. No. 04-457, S 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 II SECTION 17. Ratification. Any act consistent with the authority and prior to the effective date ofthis 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 MA YOR, JACK DOVEY ATTEST: CITY CLERK, CAROL MCNEfLL Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRIClA 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\TechnicaI LUTe.doc Ord. No. , Page 12 i:i _2 U Q) r/l r/l :s _5 ..c t:: <2 ..... Q) r/l r/l Q) 0 c: -0 c: o::l r/l c: .2 'i;j ~ Eo-< a: Q) ~ .... Q) :I:: -5 U 8 w ..... z u 0 .~ .D N ::l W r/l Q) rJJ c: ;::l 0 N ----- ~ 0::: '---' ~ c Q) -0 Vi Q) .... ~ 8 o::l ~ ..... ::; s v ..c ..... .... -0 v t:: ~ oil ~ v C .D or;; ::::: :::s o::l 0 ..c .c r/l c r/l ~ Q) r/l .!::l :::s - Ef 'y - ~ 0 'c 0 - ~ - 0 en <+=< 0'\ Q) \0 ..c \0 E-< . 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COMMITTEE: Land Use/Transportation Committee MEETING DATE: Nov. 17th, 2008 CATEGORY: o Consent o City Council Business [8] Ordinance o Resolution o o Public Hearing Other STAFF REpORT By: AARON DEPUTY CITY ATTORNEY DEPT: Law Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number issues relating to nuisances including opportunities to add sections to generally prohibit nuisances, make enforcement consistent, collect and organize nuisance provisions in the Nuisance title, and cross-reference nuisances. . Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, Ordinance. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on December 2nd. 2. Modify the proposed Ordinance and forward to the full council for first reading. 3. Do not approve the proposed Ordinance. STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: DIRECTOR APPROVAL: ~ Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "] move to forward the ordinance to a second reading for enactment on the January rJh consent agenda n. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1ST reading Enactment reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE RELATING TO NUISANCES, ADDING SECTIONS, AMENDfNG 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 F ederal 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, W ASHlNGTON, 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 I 10-1 rFWRC 7.03.0101 Purpose and Intent. The purpose of this chapter (Title] is to provide for the protection of the health, safety, and general 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 iniurious 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 by reducing noxious weeds, providing for safer pedestrian and automobile traffic flow, reducing impacts to the environment bv preventing the indiscriminate storage of inoperable vehicles, and protecting the health, safety. and general welfare of the citizens. Unkempt, unsafe. unsanitary and otherwise improperly 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 adioining 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 apply throughout this chapter unless the context clearly reqUires otherwise. Terms not defined here are defined according to FWCC 1-2. Abandoned means any 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 reasonably 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 structurally 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 may 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 iunked, dismantled, wrecked or inoperable motor vehicles or vehicular component parts_ Junk vehicle means any vehicle substantially meeting at least three of the following conditions: (I) 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: 0) 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 iunk. 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 appliances. iunk. broken stone or cement. broken crockery. discarded building materials, inoperable bicycles, or bicycle parts. rags, boxes, crates packing cases, mattresses, beddin~. 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 7.03.030) 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: I. Unreasonably 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-or-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 way renders other persons insecure in life or the use or property; or 7. Obstructs the free use of property as to essentially interfere with the comfortable enjoyment of life and property; or 8. Results in unsecured attractive nuisances; or 9. Creates or permits the existence or continuance of any of the specific nuisances identified in this chapter. violates a provision of this chapter. 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 hereby 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 any significant number of persons lawfully in the immediate area, whether by means of any speaker or other sound-amplifying device, horn. or other mechanical device: or by outcry. loud speaking, singing; or by any 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 any 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 any 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. Any poisonous material or thing on any property. placed so as to be dangerous to any person or domesticated animal: Ord. No. . Page 3 7. Storing of flammable junk 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 annoying 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 highly 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 endosed 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, junkyards, or automobile or machinery disassembly yards or buildings not properly permitted and licensed or not in compliance with any law or regulation. 11. Any 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. decayed, dilapidated, or unsafe condition: any structure where construction was commenced and the structure was left unfinished: or any 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 abandorunent or allowing the abandonment of property in any public right-of-way: 13. The parking or storage of vehicles on single-family 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 sufter. maintain, or permit to be maintained, any place where intoxicating liquors are unlawfully kept for sale or disposal to the public: 16. Any place where fighting between people or animals or birds is unlawfully 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 any person allows or fails to abate such nuisance after notice shall constitute a separate violation. In addition to any other penalty, a violation of any 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 may enforce the provisions of this chapter rTitle] through any enforcement provisions in Chapter L Art Ill. 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 by the Code or other applicable law, except as specifically precluded by law. The cod~ 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 fFWRC 7.03.0701 Ri2ht 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 by 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 iurisdiction 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. [t 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, ~ 2(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 of the Federal Way City Code (FWRC 7.05.070) shall be amended to read as follows: Ord. No. , Page 5 9-388 [7.05.070) Penalty for Temporary Business violation. (a) Any person and the officers, directors, managing agents, or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the provisions of this article shall be guilty of a gross misdemeanor. (b) 1ft addition to any penalties pr-ovided in this section, any Any condition caused or permitted to exist in violation of any of the pr-ovisions of this article Chapter 9. Article VI[ (Chapter 12.25] Temporary Business, is a public nuisance and all r-cmedies gi"len by la,,'\,' for the pre't'entiofl and abatement of nuisances shall apply thereto. Further, each day th.at such condition or violatioR continues shall be regarded as a new and separate offense and shall be punished accordingly. (Ord. No. 90-62, 9 8, 6-19-90; Ord. No. 91-110, 9 8, 11-5-91; Ord. No. 02-429, 9 IS, 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 [7.05.080) Public Dances and Dance Halls Violations. (a) It shall be Ii misdemeanor to engage in any activity, act or conduct in ',iolation of any of the pr-ovisions of this article, including, \vithOl:lt limitation, operating or managing a public dance without having first obtained a valid license, or renewal or operating or managing a public dance after revocation or suspension of any dance hall license. tb) Any activity, act or conduct contrary to the provisions of this article Chapter 9. Article VIII (Chapter 12.301 Public Dances and Dance Halls, is hereby declared to be unlawful, and the violation itself is an injury to the community constituting a public nuisance. (Ord. No. 92-132,9 1(9.52),4-14-92) SECTION 6. Chapter 13, Article VI, Section 13-180 of the Federal Way City Code (FWRC 7.05.090) shall be amended to read as follows: 13-180 [7.05.090) Sidewalks Vyiolations deemed nuisance. The violation or failure to comply with the provisions of this article Chapter 13. Article VI [Chapter 4.40] Sidewalks. shall be considered a public nuisance. Any persoll failing to abate the nuisance within 10 days of service of the notice of violation shall be subject to a fine of up to $250.00 for each offense. Each day a person fails to abate such nuisance after notice shall constitute a separate off<lnse. (Ord. No. 93-188, S 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 [7.05.100] Ri!!ht-of-wav Ve!!etation-\lyiolations deemed nuisance. The violation or failure to comply with the pr-ovisions of this article Chapter 13. Article VI[ [Chapter 4.35] Right-of-way Vegetation. shall be considered a public nuisance. Any person failing to abate the nuisance within the time period specified b)' the director's notice shall be subject to a fine of up to $250.00 f{)r each offense. Each day any person fails to abate such nuisance after notice shall constitute a separate yiolation. (Ord. No. 93-187, S 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 1291 Publie BuissBee. In addition to the other requirements of this section, any discharge into .yater or change in water quality 'Nhich annoys; injures; endangers the comfort, repose, health or safety of persons; or in any 'Nay renders persons insecure in life, or in the use of property is a yiolation of this chapter. (Ord. No. 90 13, ~ 2(115.150(6)),22790) SECTION 9. Chapter 10, Article n, Section 10-26 of the Federal Way City Code (FWRC 7.10.0 10) is hereby repealed as follows: 1026 (7.10.010) CeBeral prohibition. It is unlawful for any person to cause, or for any person in possession of property to allo',''' to originate from the property, sound that is a public disturbance noise. (Ord. No. 90 37, ~ 1(/\),2 2090) 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) Illustrative eBumeratioB Public disturbance noise. It is unlawful for any person to cause, or for any person in possession of property to allow to originate from that property. 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 ilfti€.le section: (I) 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 corners 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 com posters 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, S I(B), 7-3- 90; Ord. No. 99-341, S 3, 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: 19 28 (7.19.939) Exclusion. This article shall not apply to regularly scheduled events at parks, such as public address systems for baseball games or park concerts bet\veen the hours of9:00 a.m. and 10:30 p.m. (Ord. No. 90 37, ~ 1(C), 2 20 90; Ord. No. 90 65, ~ 2, 7 3 90) SECTION 12. Chapter 10, Article II, Section 10-29 of the Federal Way City Code (FWRC 7.10.040) is hereby repealed as follows: 19 29 (7.19.949) Enforccment. Civil enforcement of the provisions of this chapter 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 a';ailable t-o the city including, but not limited to, criminal sanctions as specified herein or 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 chapter. For second and subsequent violations of the provisions of this chapter, the person shall also be guilty of a misdemeanor and upon conviction shall be punished as pro'lided in FWCC.Ll1. (Ord. No. 90 37, ~ leD), 2 20 90; Ord. No. 99 342, ~ 7,5 199) 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. (c) Enf-orcement officer or enforcement official means any city code enforcement officer or other city officials designated by ordinance or by the cit), manager for purposes of enforcing the pmvisioRs of this article or provisions of other sections of the city code or other la.vs of the city. tdj Graffiti means any defacement of property. (e) Hearing examiner means the Federal Way hearing C](umiRer and the office thereof. tf.) 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. (g) 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 1I 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. Eh1 Unauthorized means without the prior express permission or consent of a responsible party. (Ord. No. 07-550, S 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: 19 54 (7.15.4)49) Natiee to eorreet graffiti. (a) Issuance. Whenever an enforcement officer determines that graffiti exists on property within the city, and the graffiti is visible from pl:lblic property, from a location open t-o the public, or from a public right of ,<vay, he or she may issue a notice to correct graffiti to the responsible party. (b) Content. The Rotice to correct graffiti shall include the following: (I) The name and address of the property owner and/or other responsible party to whom the notice to correct graffiti is directed; (2) The street address or other description Sl:lfficient for ideRtification of the property, building, structl:lre, premises, or laRd I:lpon or within 'which the graffiti has occl:lrred or is occurring; (3) ^ description of the graffiti, including a ref-erence to this article; ( 1) A statement that within three days of service of the notice to correct graffiti, the responsible party must either abate the graffiti or contact the enforcement officer and enter an abatement plan. An abatement plan shall mean a plan or series of steps agreed to bet\veen a responsible party and an enforcement officer in order to abate graffiti; (5) A statement that an appeal of the notiee to correct graffiti may be filed pl:lrsuant to F\VCC 10 56 within to days of service of the notice to correct graffiti; (6) ^ statemeRt that if the notice to correct graffiti is not appealed, the graffiti is not abated, an abatement plan is not entered, an abatement plaR is not complied with, or a hearing examiner so orders that the graffiti may be summarily abated by the city with costs being assessed against the responsible ~ (c) Service of notice to correct graffiti. The enforcement officer shall serve the notice to correct graffiti upon the responsible party, either by delivering it personally, or by mailing a copy by registered or certified mail to the respoRsible party at his/her last known address. If service is Rot accomplished by personal service and if an address for mailed service C8:RROt after due diligence be ascertained, Rotice shall be served by posting a copy of the notice to correct graffiti cORspicl:lously 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 UpOR the third day following the day I:lpon v.'hich they arc placed in the mail, unless the third day falls on a Saturday, Sunday or legal holiday, in which e'/cnt service shall be deemed complete on the first day other thafl a Saturday, Sunday or legal holiday followiRg the third day. If service is made by posting, service shall be deemed complete OR the third day follo'Ning the day the Rotice of graffiti is posted. (Ord. No. 07 550, ~ 2,3 20 07) SECTION 15. Chapter 10, Article III, Section 10-55 of the Federal Way City Code (FWRC 7.15.050) is hereby repealed as follows: 19 55 (7.15.959) Civil iofraetieo. k is a civil infraction to fail to pay. costs of abatement pHfSHaflt to F'.l/CC 1057. Infractions issued under this section shall be governed by FWCC 1 24 except that the maximl:lm penalty and the aefaHk amount shall be $1.00 not ineludiRg fees, costs, and assessments. In additioR to any fine, fee, eosts, or Ord. No. , Page 9 assessments imposed for an infraction uAder this sectioR, a court may also impose restitution for any costs for abatement under FWCC 1057 as part of the moaetary obligatioRs for an infraction under this sectioR. The proYisions of this section are not exclusive, and may be used in addition to other enforcement provisions authorized by this article, the Federal Way City Code in general, or other applicable law, except as specifically precluded by lavl. (Ord. No. 07 550, S 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: 19 56 (7.15.969) Appeals to the hearing examiner. (a) General. A respoRsible party to whom a notice to correct graffiti is directed may appeal to the hearing examiner. The person appealing may appeal either the determination that graffiti exists on property within the city, and the graffiti is visible from pHblic property, from a location open to the public, or from a public right of way; the amouRt of any costs imposed; the corrective action ordered; or any combination thereof. The city may also request a hearing before the heariRg examiner to assess costs, modify previous orders, or to enter other orders as needed. If no appeal is filed within 10 days of issuance, the notice to correct graff"ai shall be final and conclusive and not sHbject to appeal or fl,wiew in any f-orum. (b) How to appeal. In order to appeal, a person must file a '>'lritten notice of appeal with the city clerk within 10 calendar days from the date of issuance of the notice to correct graffiti, specifying what issue is beiRg appealed. The appeal must be accompanied by a filing fee in the amount of $100.00, payable by cash or a check to the city of Federal Way, ',vhich is refundable in the e'lent the appellant fully prevails on the appeal. The filing fee is \vaived in cases ,,,,here the city requests the hearing. (c) Effect of appeal. The timely filing of an appeal in compliance \vith tRis section shall stay any requirement for abatement. (d) Hearing. (I) Date of Rearing. WitRin 10 days of the clerk's receipt of the appeal, the hearing examiner shall sct a public hearing for a date within 30 days of the clerk's reeeipt ofthe appeal. (2) Notice of hearing. The notice shall contain the following: a. The file number and a brief descriptioR of the matter being appealed. b. 1\ 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. c. The date, term, and place of the hearing on the appeal. (3) Distribution of notice. The notice shall be mailed to the city, the responsible party, and/or the appellant at least 10 caleRdar days before the hearing OR the appeal. (4) ParticipatioR in the appeal. The city and the appellant may participate as parties in the hearing aRd each may call witnesses. ARY person may participate iR the hearing iR either or both of the follov.iRg waytr. a. By submitting written comments to the hea-riRg examiner, either by deli'lering these comments to the clerk 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. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely cORdHct of the hearing. (5) Conduct of heariRg. The heariRg examiner shall conduct the heariRg OR the appeal pHrSl:lant to the rules of procedl:lfe of the hearing examiner. The city shall have the bl:lrdeR of proof by a prepoaderance of the evideRce that graffiti exists on the property 'within the city, and the graffiti is visible from public pr-operty, from a 10catioR open to the public, or from a pHblic right of way, or that abatemeot is needed to cure tile ...iolation. The Ileariog examiRer shall make a complete electr-oRic sound reeercliag of . the public hearing. Ord_ No. , Page 10 (6) Coatinuation of the hearing. The hearing examiner may continue the hearing if the hearing examiner determines that he or she needs more information on the matter. The hearing examiner may continue the hearing by stating the time and place of the next hearing during the hearing, \vithout Reed of providing any further notice. (e) Decision of hearing examiner. (I) Issuance. The hearing examiner shall issue an oral decision at the time of the hearing unless good eause exists to delay the decision. The hearing examiner shall issue a ',mlten deeision, including findings, conclusions, and orders, I,'.ithin 14 days of the hearing. The appellant is required to comply '.vith afty decision of the hearing examiner '.vhether oral or '..vritten upon issuance. (2) Vacation of notice to correct graffiti. If the heariag examiner determines that there is insufficient evidence that a violatiofl substantially as stated in the ftotice to correct graffiti exists, the hearing examiner shall vacate the notice to correct graffiti, and order the appeal fee refuflded. (3) ,^.ffirmance. If the heariflg examiner determines that there is sufficient evidence that graffiti exists Ofl property .....ithin the city, and the graffiti is visible from public property, from a location open to the public, or from a public right of way, the heariflg examiner shall affirm the aotice to correct graffiti and shall order the 'liolation be abated by the rcspoflsible party and set a date for compliance no later than three days from the date and time of the hearing. If the graffiti is not abated by the date set for compliance by the hearing examiner, the city may abate the graffiti. The heariftg examiner shall set a Re',v heariag date to verify compliance or assess costs for any abatement by the city. (1) Modification. The hearing examiner may order a compliance date for abatement later than three days from the date of the hearing or modify the assessment of costs of abatement if good cause is fouAd. In so ordering, the hearing examiner shall consider the f-ollo't't'ing: a. Whether the inteflt of the appeal was to delay compliance; b. Whether the appeal 'Nas frivolous; c. Whether the applicant exercised reasonable, timely, and good faith effort to comply v/ith the notice to correct graffiti; aRd/or d_ Any other relevant factors. (5) Effect of deeisioA. Failure to comply '/lith the decision of the heariAg examiner shall cORstitHte a gross misdemeanor punishable by a. fine of not more than $5,000 or up to 365 days imprisoRment, or both. In addition to criminal punishment pursuant to this subsection, the city may pursue any other enforcement authorized by la'N_ (t) Judicial review. Judicial review of a decision by the hearing examiner may be sought by an)' party aggrieved or adversely affected by the decision, if the written petition seeking review is filed and served 00 all parties 'Nithio 21 days of the date of the decision. Filing of a petition for review does not stay aRY required action without further order of the hearing examiner or a court having jurisdiction over the matter. (Ord. No. 07 550, ~ 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) Abatemeot by the city, (a) l\uthority to abate. The city may abate graffiti 'Nhen any responsible party fails to abate a'liolation within 10 days of an lfnappealed notice to correct graffiti where either no abatement plan has been entered or aR abatement plan has not been complied with, or as ordered by the hearing examiner. The city may use agents, contractors, or volunteers under its direction, 'Nho may act pursuant to this article. (b) .\uthorized actioA by the city. Using any la'.vful means, the city is expressly authorized to enter upon the pr-emioos to abate graffiti during regular business holHS or at times mutually agreeable with the responsible party. f.ll reasoftable efforts to miAimize damage from sueh entry shall be tak-en by theeity. The city shall not authorize nor undertake to provide for the painting or repair of aRY mor-e exteftsive area Ord. No_ , Page 11 than the area where the graffiti is located. The city may seek such judicial process as it deems necessary to effect the abatement. (c) Reco','ery of costs. The responsible party and/or the owner shall be jointly and severally liable for the costs, including incidental expenses, of any abatement by the city and such costs shall constit1:lte a personal obligation and a debt owed to the city and shall be enforceable as a lien against the property upon which such nuisance existed, in addition to the other legal remedies available for enforcement of debts. The costs shall become due and payable to the city within 11 calendar days from the date of notice from the city that costs arc due. The term "incidental expenses" includes but is not limited to persoBnel costs (both direct and indirect); attorney's fces; costs incl:lITed in documenting the violation; hauling, storage and disposal expenses; expenses of the city in preparing notices, specifications and contracts; the costs of accomplishing and inspecting the work; collection costs ',"I{hether direct or indirect; the costs of any contractors for any portion of the abatement process; and the costs of any required printing and mailing. The director of the community development department or designee, or the hearing examiner, may in his or her discretion 'Naive in '.",hole or part thc assessment of any costs of abatemeBt upon a showing that abatement has occurred or is no longer necessary, or that the costs \vould cause a fiftaneial 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. (d) Interference. No person shall obstruct, impede, or interfere '.'lith the cil)' or its agents, or with any person ',vho owns, or holds any interest or estate in any property, in performing an)' tasks necessary to correct the violation. (Ord. No. 07 550, ~ 2, 3 20 07) SEcnON 18. Chapter 10, Article III, Section 10-58 of the Federal Way City Code (FWRC 7.15.080) is hereby repealed as follows: 10 58 (7.15.080) WarnlBts authorized if Beeded. (a) A warrant to enter the property to inspect or abate under this article shall not be required for graffiti 'lisible from outside of the property and accessible from normal access routes from the public right of 'Nay. (b) A judge or commissioner of the municipal court of the cil)' of Federal Way or other court with jurisdiction, upon a proper oath or affirmation shovling compliance with this article and probable cause that a violation is present on a property, shall have power to issue a warrant directed to a state or local official authorizing the official to enter the property to inspect or abate. (c) ^ 'Narrant shall issue only upon application of an enforcement officer or emplo)'ee of a prosecuting or regulatory authoril)' supported by declaration or affidavit made under oath or upon sworn testimony before the judge and establishing probable cause for the issuance of the warrant and particl:llarly describing the property and the violation. For purposes of this section, probable ool:lse exists if there is reasonable cause to belie'/e that a violation is present upon the particular property to be entered. Cd) If the judge or commissioner is satisfied that the standard for issuing a '.varrant has been met, the judge or commissioner shall issue the v.arrant. The warrant must particularly describe the property, the yiolation, and the action to be taken. (e) ^ warrant issued pursuant to this section must be e)(ecuted and returned ....ithin 10 days l:Inless, upon a showing of a need for additional time, the period is extended or renewed by a jl:ldge or commissioner upon a finding that such extension or rene'.val is in the public interest. A copy of the ....arrant and a receipt for abatement taken pursuant to the v.'arrant shall be given to the person whose property is entered, or if the person is not at the property, the copy shall be left ifl or on the property that was eRtered or from which property was takeR. The return of the 'NarraRt shall be promptly made aeeomplHlied by a ';mtten in'/eRtor)' of any property takeR. /,~ copy of the return shall be attaehed to the WarTaflt and filed with the clerk of the COl:lrt. (Ord. No. 07 550, ~ 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: 19 59 (7.15.999) PravisiaRs Rot exelusi"le. The provisions of this chaptcr are not exclusive, and may be used in addition to other enforcement pr-ovisions authorized by the Federal Way City Code or other applicable lavl, except as specifically precluded by law. (Ord. No. 07 550, ~ 2, 3 20 07) SECTION 20. Chapter IS, Article 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. (b1) Junk vehicles may be impounded, provided the following notice and hearing procedures are fulfilled: (+i!) 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; (;?;!!) 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. (41) 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) ^ jl:ldge of the municipal court of the city of Federal Way, upon a proper oath or affirmation showing compliance ,....ith this section and probable cause that a junk or junked vehicle is present on a pmperty, shall have pO'Ner to issue a 'warrant directed to a stat-e or local official authorizing the official to enter the property to impound the vehicle_ (2) ^ warrant shall issue only upon application of a designated officer or employee of a prosecuting or regulatory authority supported by declaration or affidavit made under oath or upon sworn testimony before the judge and establishing probable cause for the issuance of the warraRt and particularly describing the property and the vehicle or vehicles to be impounded. For purposes of this section, probable cause exists if there is reasonable cause to believe that a junk or junked '"ehicle is present lipon the particular property to be entered. (3) If the judge is satisfied that the standard for issuing a '",arrant has been met, the judge shall issue the 'Narrant. The warrant must particularly describe the property and the ','ehicle or veh.icles to be impolinded. (4) i\ ..varrant issued pursuant to this section must be executed and returned within 10 days unless, upon a sho\ving of a need for additional time, the period is extended or renewed by a judge upon a finding that such extension or renewal is in the public interest. A copy of the vt'arrant and a receipt for any property seized pursuant to the warrant shall be given to the person '",hose property is entered, or if the person is not at the property, the copy shall be left in or on the property that ',vas entered or from which property was taken. The return of the warrant shall be promptly made accompanied by a ....TitteR inventory of any property taken_ (5) ^ copy of the return shall be attached to the '"arrant and filed with the clerk of the court. (e1) Costs of removal may be assessed against the registered owner of the 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 46.12.10 I 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~) 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 I, 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 iunkyard on the property. In addition, a junkyard is not permitted in the city. (Ord. No. 90- 43,92(115.70),2-27-90; Ord. No. 96-269,94,6-18-96) 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. (aD 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: (+~) Nonconformance that constitutes a public nuisance under Chapter 10 [Title 7] with the noise standards in FWCC 22 956; (2-l!) Nonconformance with the lighting standards in FWCC 22-954; (3) Nonconformance with the heat emission standards in FWCC 2~ (1) Nonconformance with the radiation standards in FWCC 22959; (5) Nonconformance ,,"ith the air ql:lality standards in F\VCC 22 947; (~) 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) Nonconformance with the odor standards in f\NCC 22 958; (84) Nonconformance with the provisions in FWCC 22-1111 et seq. regarding parking and storage of large vehicles in residential zones; (9) Nonconformance with the provisions in FWCC 22 952 regarding junk; (10) Nonconformance with the glare standards in FWCC 22 950; (~) Nonconformance with the provision in FWCC 22-1596 regarding portable outdoor signs; (Hi) Nonconformance with the provision in FWCC 22-1596 regarding location of signs extending over rights-of-way. (b2.) Abatement. The city may, using any of the provisions of F\VCC 22 121 et seq. 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, S 2(165.25), 2-27-90; Ord. No_ 91-113, S 4(165.25), 12- 3-91; Ord. No. 92-135, S 3(165.25),4-21-92; Ord. No. 92-144, S 3(165.25), 6-16-92; Ord. No. 97-307, S 3, 12-16-97; Ord. No. 04-457, S 3,2-3-04; Ord. No. 04-468, S 3, II-I~-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 allY 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 s~ction, 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 l5 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 MCNErLL Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DA TE: ORDINANCE NO.: K:\2008 Code Arnendments\Code Re-organization\Planning Commission\Title 7 Nuisances.doc Ord. No. , Page 16 COUNCIL MEETING DATE: December 2nd, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Addressing Land Use Processes In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING LAND USE PROCESSES IN THE FEDERAL WAY CITY CODE? COMMITTEE: Land Use/Transportation Committee MEETING DATE: Nov. 17th, 2008 CATEGORY: o Consent o City Council Business STAFF REpORT By: AARON [8] Ordinance o Resolution DEPUTY CITY ATTORNEY o o Public Hearing Other DEPT: Law Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number issues relating to land use processes including opportunities to eliminate redundant sections in land use decision processes, consolidate sections, make language consistent, clarify language, delete hearing examiner provisions in process III and redirect to process IV provisions, limit interpretations to future land use decisions, clarify process VI, increase time to consider proposals to 90 days, and make it consistent with state law. Concurrently with this ordinance staff will present a resolution on the re- codification ofthe Code. These will be presented to planning commission and each Council Committee. Attachments: Staff report, Ordinance. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on December 2nd. 2. Modify the proposed Ordinance and forward to the full council for first reading. 3. Do not approve the proposed Ordinance. -.....-.------...----..-.----.....--.---.....-..-.-..-.....-....-.--...--.-...---..-.-..-.-..-..--.-.....--.----.--.-.---- STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: ~ ~ DIRECTOR APPROVAL: 1~ Committee Council COMMITTEE RECOMMENDATION: Committee Member Committee Chair Committee Member PROPOSED COUNCIL MOTION: "] move to forward the ordinance to a second reading for enactment on the January 6th consent agenda n. (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLEDIDEFERREDINO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1ST reading Enactment re;lding ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE RELA TING TO LAND USE PROCESSES, ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 5, 14, 15, 18, 19, AND 22 OF THE FEDERAL WAY CITY CODE. WHEREAS, the City of Federal Way is in the process of re-codifYing and reorganizing the Federal Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found redundant sections and language as well as unclear sections, inaccurate sections, and other sections that could be revised for better readability and workability; and land use process regulations can be simplified and consolidated; WHEREAS, certain Code provisions need to be modified to coordinate with state and county law requirements in areas of land use processes; WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change numbering or formatting changes that occur pursuant to the reorganization of the Code and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to update its code, and amending these sections bears a substantial relation to public health, safety, or welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive plan; and is in the best interest of the residents of the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Chapter 5, Article I, Section 5-6, of the Federal Way City Code shall be amended to read as follows: 5-6 Appeals. Any appeals of any decision rendered pursuant to this chapter, except decisions pertaining to enforcement of this chapter, shall be made to a hearing examiner appointed by the city. Procedurel rI:11es concerning appeals shall be as provided in process Hl-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 I SECTION 2. Chapter 5, Article II, Section 5-41, of the Federal Way City Code is hereby repealed as follows: 5 41 Appeals. Appeals made from any ruling under this article, except rulings or decisions pertammg to enforcement of this article, shall be pursuant to FWCC ~. (Ord. No. 90 33, ~ 66,2 13 90; Ord. No. 92 127, ~ 1,2 1 92; Ord. No. 95 231, ~ 1,6695; Ord. No. 98 320, ~ 5,9 15 98; Ora. No. 99 342, ~ 6, 5 4 99) SECTION 3. Chapter 5, Article V, Section 5-91, of the Federal Way City Code is hereby repealed as follows: 5 91 ,A..ppeals. Appeals made from any ruling uRder this article, except rulings or decisions pertammg to enforcement oUhis article, shall be pursuant to FWCC~. (Ord. No. 95 234, ~ 1,6 6 95; Ord. No. 98 320, ~ 8,9 1598; Ord. No. 99 342, ~ 6,5 4 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 made from any ruling under this article, except rulings or decisions pertammg to enforcement of this article, shall be pl:Ifsuant to FWCC~. (Ord. No. 92 127, ~ 12,2 1 92; Ord. No. 95 23'~, ~ 1,6 () 95; Ord. No. 98 320, ~ 9,9 15 98; Or-d. No. 99 342, ~ 6, 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. i\ppeals made from any mling under this article, except rulings or decisions pertalAmg to enforcement of this article or any of the codes adopted hereunder, shall be pursuant to FWCC ~. (Ord. No. 98 320, ~ 10,9 15 98; Ord. No. 99 312, ~ 6, 5 4 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 decisioR to a hearJlg e*8miRer appoimea by the city for such. purpose by filiag a ROtiee of appeal with the city elerk statmg the groHnds for the appeal and r-eql::lesting a heariag to re'lievl the deeisioR by the Ord. No. , Page 2 building official. The procedure for such appeal shall be as provided in process I of Chapter 22 FWCC, Zoning. (Ord. No. 90-56, S 6,5-1-90; Ord. No. 95-234, S 1,6-6-95) SECTION 7. Chapter 5, Article VIII, Section 5-226, of the Federal Way City Code is hereby repealed as follows: 5 22& Appeals. Appeals made from any ruling under this article, ex-eept rulings or decisions pertaining to enforcemeRt of this article, shall be pursuant to F\VCC ti. (Ord. No. 92 127, ~ 9,2 4 92; Ord. No. 95 234, ~ 1,6 () 95; Ord. No. 99 312, ~ 6,5 1 99) SECTION 8. Chapter 5, Article IX, Section 5-259, of the Federal Way City Code is hereby repealed as follows: 5 259 Appeal proeess. I\ny appeals of any decision rendered pursuant to this article shall be made to a heanag examiner appointed by the city. Procedural rules concerning appeals shall be as provided in process I of Chapter 22 FWCC, Zoning. (Ord_ No. 95 231, ~ 1,6 6 95) SECTION 9. Chapter 14, Article IV, Section 14-137, of the Federal Way City Code shall be amended to read as follows: 14-137 Appeal to hearing examiner. Any taxpayer aggrieved by the amount of the fee or tax determined by the director to be due under the provisions of this chapter may appeal such determination to the city hearing examiner as provided in process IV of Chapter 22 FWCC, Zoning. in accordance v/ith, aRd subject to the procedures set f-orth in, F'NCC 22 113 I through 22 160 pursuant to Process n Appeal Procedures. Pending a hearing, a taxpayer may withhold the fee or tax determined by the director. If the tax or fee is withheld, the taxpayer shall pay such amount to the city with interest from the date the amount was withheld. The director shall periodically set the applicable interest rate for withholding. (Ord. No. 02-432, S 1, 11-19-02) SECTION 10. Chapter 14, Article V, Section 14-186, of the Federal Way City Code shall be amended to read as follows: 14-186 Appeal to hearing examiner. Any taxpayer aggrieved by the amount of the fee or tax determined by the designated official to be due under the provisions of this chapter may appeal such determination to the city hearing examiner as provided in process Nof Chapter 22 FWCC, Zoning. in accor-daflce "'lith, and subject to the procedures set forth in, PHCC 22 13 I through 22 160 pursuant to process n appeal procedures. Pending a hearing, a taxpayer may withhold the fee or tax determined by the designated official. If the tax or fee is withheld, the taxpayer shall pay such amount to the city with interest from the date the amount was withheld. The designated official shall periodically set the applicable interest rate for withholding. (Ord. No. 95-257, S I, 12-19-95; Ord. No. 96-262, S 1,2-20-96) SECTION II. 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 notice of appeal with the city clerk within 14 calendar days after issuance of the flotiee of the denial. The appeal before the hearing examiner shall follo''v the provisions of F'.VCC 2lJ..21 through 2L .1.Q!i. The hearing examiner's decision shall be the final decision of the city, and is not subject to further appeal. (Ord. No. 03-438, S 2,2-18-03) SECTION 12. Chapter 14, Article VII, Section 14-239, of the Federal Way City Code shall be amended to read as follows: 14-239 Final certificate- Application - Issuance - Denial- Appeal. (a) Upon completion of the construction as provided in the contract between the owner and the city, and upon issuance of a temporary certificate of occupancy, or a permanent certificate of occupancy if no temporary certificate is issued, the owner may request a final certificate of tax exemption. The owner shall file with the director such information as the director may deem necessary or useful to evaluate eligibility for the final certificate, which shall at a minimum include: (I) 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 [mal 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 notice of appeal ,Jt'ith the city clerk within 11 calendar days after issuance of the notice of the denial. The appeal before the hearing examiner shall follovl the provisions for appeal contained in FWCC 22 397 through 2L1.QQ. 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 notice of appeal with tile city clerk, '.vitllin 30 days after issuance of the decision by the director, specifYing the factual and legal basis for the appeal. The appeal before the hearing examiner shall follmv the procedures set forth in FWCC 22 397 through 22 406. At the appeal hearing, all affected parties may be heard and all competent evidence received. The hearing examiner shall affirm, modifY, or repeal the decision to cancel thc exemptioR based on the evidence received. The hearing examiner shall give substantial v/eight to the director's decision to cancel the exemption, and the burden of proof and the burden of overcoming the 'Height accorded to the director's decision shall be upon the appellant An aggrieved party may appeal the hearing examiner's decision to the King County superior court in accordance .'lith the procedures in RCV! 31.05.510 through 34.05.598, as provided in RCW 84 _14 .11 0(2), 'Nithin 30 days after issl:taflce of the decision of the hearing examiner. (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. W Appeal of final decisions. Employers may file a written appeal of the city's final decisions regarding the following actions: (I) 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 ':lith the city within 20 days after the employer recei'les notice of a final decision. i\ll appeals will be filed and heard by the city's hearing examiner and decided pursuaRt to the pr-ovisioRs of Chapter 22 Ord. No. , Page 5 F'NCC, Zoning, :\rticle 'II, Process 1. The hearing examiner shall determine whether or not the appealed decision was consistent with RCW 70.94_ (Ord. No. 93-164, S 1 (18.30.120), 1-19-93) SECTION 15. Chapter 18, Article II, Section 18-51, of the Federal Way City Code shall be amended to read as follows: 18-51 Administrative appeals. (al) Any interested party may appeal to the hearing examiner a threshold determination, er-the i! 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 proiect proponent, or is funding the project; appeals of a procedural determination made by an agency on a nonproiect action; and appeals to the city council. The appeal shall be conducted under the provisions of process IV, F\VCC ~ et seq.; provided, that the notice distribution requirements of FWCC 22 136(b)(2) process IV shall be replaced with.the notice distribution requirements of FWCC 18-49. (e2.) Appeals are subject to procedures shall be conducted under the provisions of WAC 197-11- 680(3), and. Appeals are subject to the restrictions in RCW 36.708.050 and 36.708.060 that local governments provide no more than one open record hearing and one closed record appeal for permit decisions. (el) All appeals filed under this section must be filed in writing with the city clerk within 14 calendar days of the date of the decision appealed or the conclusion of the comment period or completion of the giving of required notices, whichever is longer, provided that appeals of determinations of non- significance for which public comment is required are extended seven additional days. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. (d) A.II relevant evidence shall be received during the appeal and the decision shall be made de novo. The determination by the cil)" s responsible official shall carry substantial weight in any appeal proceeding. (e) The decision oftae hearing examiner on an appeal filed under this section shall be final. (t) Appeals of the hearing examiner's final decision shall first be to the city council as provided in process IV, FWCC ~ et seq. (g) For any appeal under this section, the cil)' shall provide for a record that shall consist of the following: (I) Findings and conclusions; (2) Testimony under oath; and (3) A taped or \-,<,ritten transcript. (h) Upon filing an appeal to the cil)' councilor a judicial appeal, any certified copies or written transcripts required for such shall be prepared by the cil)' at the expense of the appellant, subject to possible reimbursement of transcript preparation costs as provided in FWCC 22 446. (Ord. No. 90-40, S 1(20.240.10 - 20.240.70),2-27-90; Ord. No. 92-133, S 4, 4-21-92; Ord. No. 93-185, S 1,8-17-93; Ord. No. 97-291, S 3,4-1-97; Ord. No. 04-468, S 3, 11-16-04) SECTION 16. Chapter 19, Article IV, 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 development permit application or as provided for in process IV of Chapter 22 FWCC, Zoning process I of Chapter fl FWCC if there is no underlying development permit, substituting the director of public '/lorks for the director of community development. 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 HRder the authority of other chapters of this code, the hearings may be combined. For example, if the HRderlyiRg development permit application is a preliminary plat, the appeal sRall be heard at the preliminary plat public hearing. (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 L II. III. IV. or V land use decision.. (2) How to apply. The applicant shall file a completed master land use application. Accompanying the application shall be a written description of the decision requested with a response to the decisional criteria as set forth for any particular use. activity. or decision; all information or material that is specified in the provision that describes the decision applied for; and all materials and information noted in FWCC 22-33 that is required by the director. (3) Fee. With the application. the applicant shall submit the fee established by the city. The application shall not be accepted unless it is accompanied by the required fee. (4) Director authority. The director may modify the submittal requirements as deemed appropriate. including requiring any additional forms and any additional information or material that the director determines is reasonably necessary for a decision on the matter. SECTION 18. Chapter 22, Article II, Section 22-33, of the Federal Way City Code shall be amended to read as follows: 22-33 Development application submittal requirements. (a) Generally. All projects which require a determination to be made as to whether a complete application has been submitted must at the minimum provide the information contained within this section. The submittal requirements are not intended to determine if an application conforms to ~ity of Federal Way codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. The director may waive any sections determined to be not reasonably necessary. (b) COfltents. 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 showing the subiect property with enough information to locate the property within the larger area. (6) Current letters of water and sewer availability (only required for vacant property). (7) Two copies of current title report for subject property. 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-l/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 developmeflt services. a. All plans must be drawn at an engineering scale with the entire site plan to fit on one sheet and allow all information to be readable. All plans except building elevation drawings must be at the same scale. b. Design drawings for building permits, including civil drawings, must be at an engineering scale of one inch represents 20 feet. c. If the development proposal has a value of $75,000 or greater, the site survey, site plan, preliminary drainage, grading, right-of-way plans, and building elevation plans shall be prepared by a certified professional licensed in the state of Washington. The survey shall be prepared by a certified land surveyor; and the site plan, drainage, grading, right-of-way plans, and building elevations by a certified architect or engineer. Regardless of the value of the development, landscape plans must be prepared by a Washington State licensed landscape architect. (9) Site photographs from each compass point (north, east, south, and west) must be referenced on the site plan. (10) Eight copies of the completed, signed, and dated SEPA checklist. (II) List of addresses of all property owners within 300 feet of the boundary of the proposed project (please refer to the city's bulletin titled "Procedures for Obtaining Mailing Labels"). (12) At least one set of stamped Stamped envelopes addressed to all property owners within 300 feet 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 Community De'/elopmeflt Services, 33530 First '}fa)' SOI:lth, Federal Way, W/\. 98003 (please refer to specific process, whether process III, IV, or V for the number of sets of envelopes to be provided). 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 (ll) of this section. (l~) Four copies of each special study that may be required (please contact the department ef 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. Significant tree inventory and retention plan. (142) Any additional information or material that the director of commuflity de'/elopmeat 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. (l) Within 28 calendar days of receiving an application, the city shall determine whether the application is complete, with reference to FWCC 22-33. Prior to the 28-day deadline, a letter of completeness shall be issued if the city deems the application to be complete. or, if the city determines the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this written determination, the city shall also identify, to the extent known to the city. the other agencies of local. state. or federal government that may have iurisdiction over some aspect of the proposed development activity. An application may be deemed complete under this section even if the city does not provide a written determination to the applicant as required. (2) If an application was found incomplete and an applicant submits additional information, the city shall notify the applicant within 14 days whether the application is complete or whether further additional information is necessary. (3) Additional information. A determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or if there are substantial changes in the proposed action. SECTION 20. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read as follows: 22-36 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 subiect property comply with this chapter, any permits or approvals granted under this chapter. and all other applicable laws or permits. SECTION 22. A new section is added to Chapter 22, Article II, of the Federal Way City Code to read as follows: 22-38 Complete compliance required. (I) Generally. Except as specified in subsection (b) of this section. an applicant must comply with all aspects. including conditions and restrictions. of an approval granted under this chapter in order to do everything authorized by that approval. (2) Exception. subsequent modification. If a specific use or site configuration for the subiect property was approved under this chapter or any quasi-iudicial process under a previous zoning code. the applicant is not required to apply for and obtain approval through this chapter for a subsequent change in use or site configuration unless: 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 36.708 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 U9.25.0051 Bonds. The city may require a bond under FWCC 22-146 et seq. [Chapter 19.25] 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 Applieable proeess. Development reg:ulation amendments. The city will use process VI described iR FWCC 22 516 through 22 530 to review and decide upon a proposal to amend the text of this chapter development regulations. (Ord. No. 90-43, ~ 2(135.10), 2-27- 90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 27. Chapter 22, Article IV, Section 22-236, of the Federal Way City Code shall be amended to read as follows: 22-236 Applieable praeess. Comprehensive plan amendments. The city will use process VI described in FWCC 22 516 t-hrough 22 530 to review and decide upon a proposal to amend the comprehensive plan. (Ord. No. 90-43, S 2(140.10), 2-27-90; Ord. No. 97-291, S 3, 4-1-97) SECTION 28. Chapter 22, Article III, Section 22-276, of the Federal Way City Code shall be amended to read as follows: 22-276 Applieable proeess. Lecislative rezones The city will use process VI described in FWCC 22516 through 22530 to review and decide upon a proposal fora 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, eF-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, S 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 of community development services may modify the submittal requirements as deemed appropriate_ (e) Routing of application. An application for an interpretation shall be routed to the director ef community de..elopmcnt services. The director may route for comment an application for an interpretation to other staff members or departments. (Ord. No. 00-375, S 10, 10-3-00; Ord. No. 01-399, S 3,8-7-01) SECTION 32. Chapter 22, Article IV.A, Section 22-348, of the Federal Way City Code shall be amended to read as follows: 22-348 Interpretations. The director of community development services may, acting on his or her own initiative or in response to a written application inquiry, in the format outlined in FWCC 22 317, issue interpretations of any of the provisions of this chapter. (I) Applicability. A code interpretation requested by a person other than the pr~ect propoRent or property o'oVner must be requested prior to the date of expiration of any applicable administrative appeal period for a land use decision on the application to which the request relates. Any code interpretation requested after the applicable 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 written response to any person filing a written request to iAterpret the provisions of this chapter 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 ofthis 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 eommHnity aevelapmeRt: services 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 ..vith FWCC ~. (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. (al) Applicability. lnterpretations 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 subdivisi9n application shall be subject to the notice provisions under this section. (b2) 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). (2-h) A summary statement of the interpretation of the affected provision. (~) The date of the interpretation. (4g) 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. (el) Distribution. Upon issuance of the interpretation, the director of community development shall distribute this notice of the interpretation as follows: (+~) A copy of the notice of the interpretation shall be published in the official newspaper of the city_ (2-h) 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, (al) Any person who is aggrieved by an interpretation issued by the director of community development services may appeal that interpretation 'Nithin 11 days of the date of interpretation. (b~) 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 indicating must indicate how the interpretation affects the appellant his or her property and presentffig any relevant arguments or information on the correctness of the interpretation. The notice of appeal must be accompanied by cash or a check. payable to the city of Federal Way. in the amount of the fee as established by the city. The applicant shall inelude appeals fees as established by the city. The appeal will not be accepted unless it is accompanied by the required fee. (e}) Appeals are be governed by process N. Aft appeal of an interpretation ef this chapter '.vill be re',iewed aHd decided upon using the proeess f-or appeals outlined ift Miele VI,. Precess III R-e',iew Project Approv<al, of this chapter. Ord. No. , Page 13 (81) If the interpretation of the director of community development services is modified after an appeal, the director shall: (+1!) Place the modifYing decision in the interpretation file; and (2.-12) Issue an new interpretation as modified. Change or remove, as appropriate, the interpretation that was modified. (Ord. No. 00-375, S 10, 10-3-00; Ord. No. 01-399, S 3, 8-7-01) SECTION 35. Chapter 22, Article IV.B, Section 22-351, of the Federal Way City Code shall be amended to read as follows: 22-351 Process l1!enerallv. CeneFslly. Various places of this chapter in the Code indicate that certain developments, activities, or uses are permitted only if approved using process I. This article describes process I. Any process I application not categorically exempt from the State Environmental Policy Act. Chapter 43.21C RCW. shall be reviewed pursuant to process III of this chapter. Under process I, the director of commuflity developmeflt services, is authorized to make administrative decisions based on certain criteria as set forth in this article or chapter. Any process I application not categorically exempt from the State Ew.'iroRmental Polic)' ,^.ct, Chapter 43.2IC RCW, shall be reviewed pursuant to process III of this chapter. Any appeals of the director's decision will be decided by the hearing examiner after a public hearing. under this article may be appealed to the city's hearing examiRer as provided for in this article. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10, 10-3-00) SECTION 36. Chapter 22, Article IV.B, Section 22-352, of the Federal Way City Code shall be amended to read as follows: 22-352 Purpose of review. Process I has the following purposes: ( I) To review a proposal for compliance with the provISions of this chapter and all other applicable law. (2) To ensure that the health, safety, and welfare of the citizens of the city is preserved. (3) To provide an expedient and reasonable land use review process for administrative decisions and interpretations of this chapter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10, 10-3-00) SECTION 37. Chapter 22, Article IY.B, Section 22-353, of the Federal Way City Code is hereby repealed as follows: 22 353 Applieations. (1) Who may apply. Any person, personally or through an agent, may make application for a process I land use decision. (2) How to apply. The applicaRt shall file a completed master land use application. AccompaR)'iRg the applicatioR shall be a written response to the decisional criteria as set forth ia this chapter for a particular use or activity, and information required by fWCC n.J1. (3) fee. With the application, the applicaat shall submit the f-ee established by the city. The application shall not be aeeepted unless it is accompaRied by the required fee. (4) Director authority. The director of commuaity developmeat services may modify the submittal requiremeftts as deemed appropriate. (5) Routiag of applicatioa. Aa application for aR admiaistrative decisiea shall be re\lted te the direetor of eam.munity development services. The director may raute for eomment ftR applieatian 113 ether staff members or departments. Ord. No. , Page 14 (6) Completeaess. (a) Withifl 28 calendar days of receiving afl application, the city must determiae '",hether the application is complete. The city ',viII apply F\VCC 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 notif)' the applicaat of what needs to be submitted f-or a complete application. In this writt-cn determination, the city sllall also identify, to the exteat known to the city, the other agencies of local, state, or federal government that may have jurisdiction over some aspect of tile proposed development activity. :\n application shall be deemed complete uader this sectioFl if the city does Flot provide a ...:ritten determination to the applicaFlt as reql:lired in this paragraph. (b) \Vithin 11 days after an applicant has submitted the additional iFlformation identified by the city as beiRg necessary for a complete application, the city shall notify the applicant whether the application is eomplet-c or '.vhether additional information is necessary. (c) Additional info rmatio fl. A determination of completeness shall not prech:lde the city from reql:lesting additional information or studies, either at the time of the letter of completefless or subseql:lemly, if oew iflformation is reql:lired or sl:lbstantial changes io the proposed actioa ocel:lr. (Ord. No. 97 291, ~ 3, 4 1 97; Ord. No_ 00 375, ~ 10, 103 00) SECTION 38. Chapter 22, Article IV.B, Section 22-354, of the Federal Way City Code shall be amended to read as follows: 22-354 Director's Notice of administrative decision and notice. The director of community development services shall mail in a timely manner a copy of his or her decision to the applicant any person who submitted comments on the application, and any person who requested a copy. No other notice is required. (Ord. No. 97-291, S 3, 4-1-97; Ord. No. 00-375, S 10, 10-3- 00) SECTION 39. Chapter 22, Article IV.B, Section 22-355, of the Federal Way City Code shall be amended to read as follows: 22-355 Appeals, (I) Who may appeal. +fie A decision of the director of commuRity dcvelopmeat services under this process may be appealed by the applicant, any person who submitted written comments or information, ef any person who has specifically requested a copy of the decision. or the City. (2) How and when to appeal. The appeal, in the f-orm of a letter A written notice of appeal, must be delivered to the department of community development services within 14 calendar days after issuance of the decision of the director of community development services. The appeal must be accompanied by cash or a check, payable to the city of Federal Way. in the amount of the fee as established by the city. The 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 community development services disputed by the person filing the appeal; and (c) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (3) fees. The persoa filiag the appeal shall iDelude, 'llith the letter of appeal, the fee as established by the eity. The appeal will aot be aceepted liDless it is aceompanied by the required fee. (4t Appeal process. Appeals are governed by process IV. of fta admiRistrative deeisioD ,....ilI be reviewed 8:Rd decided lipOD I:lsiftg the proeess for appeals outliDcd iD Miele VI, Process III R-e'/iew Ord. No. , Page 15 Project Approval, of this chapter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 00-375, S 10, 10-3-00; Ord. No. 01-399, S 3, 8-7-01) SECTION 40. Chapter 22, Article V, Section 22-361, of the Federal Way City Code shall be amended to read as follows: 22-361 Process II l!enerallv. AdmiBistratioR. Various places of this of this chapter in the Code indicate that certain developments, activities or uses are permitted only if approved using process II. This article describes process II. In additioa, 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 36.708.110 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 Il, the director of community development services will make the initial land use decision and the decision on the community design guidelines. Any appeals Appeals of both decisions either decision will be decided by the hearing examiner after a public hearing_ Process II applications are exempt from the procedural requir-oments set forth in RCW 36.708.060 and 36.708.110 through 36.708.130. Any process II application not categorically exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be revie'Ned pursuaat to the proced\:lral requirements of process I[[ of this chapter. (Ord. No. 90-43, S 2(175.10(1)),2-27-90; Ord. No. 97-291, S 3,4-1-97) SECTION 41. Chapter 22, Article V, Section 22-362, of the Federal Way City Code is hereby repealed as follows: 22 3U f~pplieatioRs. (I) '}Jho may apply. Any person, personally or through an agent, may make application for a process Uland use decision_ (2) Ho-.v to apply_ The applicant shall file a completed master land \:Ise applicatioa. Accompanying the application shall be a 'Notten response to the decisional criteria as set forth in this chapter for a particular use or activity, and information required by FWCC 22 33. (3) Fee. With the application, the applicant shall submit the fee established by the city. The application shall not be accepted unless it is accompanied by the required fee. (1) Director authority. The director of community development servioes may modifY the submittal requirements as deemed appropriate. (5) Routing of application. An applicatioR f-or an administrative decision shall be routed to the director ofeommunity development services. The director may route for comment aR applicatioR to other staff members or departments. (6) Completeness. (a) Within 28 calendar days of receiving an application, the city m\:lst determine ...."hether the applicatioR is complete. The city will apply FWCC 22 33 to determine completeRess. If the city deems the application to be complete, Ii letter of eompleteftess must be iss\:Ied prior to the 28 day deadlifte. If the city determiftes the application to be iooomplete, the city shall notifY tho applieant of what Reeds to be submitted for a complete applicatioR. In this 'l,TitteR determination, the city shall also ideRtify, to the Ord. No. . , Page 16 extent known to the city, the other agencies of local, state, or federal government that may have jurisdiction oyer some aspect of the proposed development activity. An application shall be deemed complete under this section if the city docs not provide a written detcmlination to the applicant as required in this paragraph. (b) Within 14 days after an applicant has submitted the additional information identified by the city as being necessary for a complete application, the city shall notify the applicant ...",hether the application is complete or whether additional information is necess~ (c) ,'\dditional information. ,,\ determinatioFl of completeness shall not preclude the city from requestiFlg additional information or studies, either at the time of thc letter of completeness or subsequently, if Flew informatioFl is required or substantial changes in the proposed action occur. (Ord. No. 07 ???) 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 tbe 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: (I ) To review the ~ proposal for compliance with the provisions of this chapter and all other applicable law. (2) To help insure that the ~proposal is coordinated, as is reasonable and appropriate, with other 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. (I) Applicability. The director of community development services may approve an application for site plan review and community design guideline review if it is consistent with the following sets of decisional criteria: (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 fOlth 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 ofcommlmity development services as being applicable. (Ord_ No. 90-43, S 2(175.10(4)),2-27-90; Ord. No. 97-291, S 3,4-1-97) SECTION 45. Chapter 22, Article V, Section 22-366, of the Federal Way City Code shall be amended to read as follows: 22-366 Administrative guidelines. The city manager is authorized to adopt administrative guidelines to implement the provisions of this article. These administrative guidelines will be used in the site plan review and have the full force and effect as if they were set forth in this chapter, and shall be on file in the department of eomrnunity development services. (Ord. No. 90-43, S 2(175.10(5), 2-27-90; Ord. No. 97-291, S 3,4-1-97) SECTION 46. Chapter 22, Article V, Section 22-367, of the Federal Way City Code shall be amended to read as follows: 22-367 Authority. director's decision. and notice. (I) Site plan review conducted under this article will form the basis of any modifications to any permits or approvals issued by the city for the proposaL In this regard, the person or persons conducting the site plan review is hereby authorized to require modifications to the proposal consistent with the criteria contained in FWCC 22-364 and any the administrative guidelines, if any, adopted under FWCC 22-366. (2) The director of community development services shall integrate his or her decision and findings for site plan and community design guideline review into a single decision. A copy of the decision shall be mailed to the applicant, any person who submitted written comments, or any person who specifically requested a copy of the director's decision_ No other notice is required. (Ord. No. 90-43, S 2 (175.10(6), 2-27-90; Ord. No. 97-291, S 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 fmdings 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 N. The applicant, any perSOR who submitted ",,'ritteR commeRts, or any pcrsoH who specifieally requested a copy of the decision may appeal the site plan approval or conditions of such approval and/or community desigR guidelinecoaditions to the _city's hearing examiner using the provisions to appeal a decision of thc director of community development services in process III of this chapter. Notwithstanding any contrary provisioRs of 22 106, the heariRg examiner's decisioa on an appeall:lader this sectioa is the fiaal decision of the city and may be may be revie'Ned pursuant to Chapter 36.70C RCV,' in the King COl-lflty superior court, except that in cases. iw.olving a site plan approval for a public utility located ia a BN (neighborhood busiRess), BC (commuRity business), or OP (office park) ZORe the heariRg examiRer's decision is not the fiRal decision of the city and such decisions may be appealed to the city council pursUftftt to fWCC 22 116 through 22 156. Modifications required to briag the proposal iato compliance with this chapter or aft)' other applicable la'Ns are not appealable. (Ord. No. 90-43,9 2(175.10(7),2-27- 90; Ord. No. 97-291, S 3,4-1-97) SECTION 48. Chapter 22, Article V, Section 22-369, of the Federal Way City Code is hereby repealed as follows: 22 3&9 Other Ruthority not Rfketed. Nothiag in this article iR any "'lay limits, or may be construed to limit, the authority of the city including but not limited to the authority to condition or deny proposals, ayailable to the city in, through or by any other pro'.ision of this article or other law. (Ord. No. 90 13, ~ 2(175.10(8), 2 27 90; Ord. No. 97 291, ~ 3, 4 I 97) SECTION 49. Chapter 22, Article V, Section 22-370, of the Federal Way City Code is hereby repealed as follows: 22 379 Responsibility of RpplieRat aad owaer. Regardless of any reyiew, approval, iRspection or other actions of the city, it is the respoasibility of the applicant and O'.voer to iRsure that all work, actions or coaditions on the subject property comply ',vith this chapter and all other applicable laws and any permits and/or approyals granted Imder this chapter or other applicable law. (Ord. No. 90 13, ~ 2(175.22), 22790; Oed. No. 97 291, ~ 3, 1 I 97) SECTlON 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 2enerallv. i4..dmiaistrRtioa. Various places of this chapter in the Code indicate that certain developments, activities or uses are permitted only if approved using process III. This article describes process III. In additioR, all All commercial, office, afld 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 N, the entire proposal will be decided upon using process N, if the director determines that this will result in more efficient decision making. Under process III, the director of community deyclopmeftt services will make the initial land use decision and the decision on the community design guidelines based on written comments and information. Any appeals Appeals of both decisions either decision will be decided by the hearing examiner after a public hearing. (Ord. No. 90-43,92(145.05),2-27-90; Ord. No. 97-291, 9 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: 12 387 Purposes of revie""l. The site plan revie'.Y has the following purposes: (I) To rey/iew the proposal f-or compliance with the proyisions of this chapter and all other applicable law. (2) To help insurc that the proposal is coordinated, as is reasonable and appropriate, \vith other knO'.vfl or anticipated development on private properties in the ar-ea and with !m.o',vn or anticipated right of way and other public improvement projects \vithin the area. (3) To encourage proposals that embody good design principles that vlill result in high quality development on the subject property. (Ord. No. 97 291, ~ 3, 4 1 97) SECTION 52. Chapter 22, Article VI, Section 22-388, of the Federal Way City Code is hereby repealed as follows: 12 388 Proposal ref:}uiriog approval through proeess IV. If the developmcRt, use or activity that requires approyal through process III is part of a proposal that also requires approval through process rv, the entire proposal '.vill be decided upon using process rv, if the director of community development services determines that this will result in more efficient decision making. (Ord. No. 90 43, ~ 2(115.10),22790; Ord. No. 97 291, ~ 3, 4 1 97) SECTION 53. Chapter 22, Article VI, Section 22-389, of the Federal Way City Code is hereby repealed as follows: 22 389 l....pplieatioos. (a) Who may apply. follY person may, personally or through an agent, apply f-or a decision regarding property he or she owns. (b) HO\v to apply_ The applicant shall file a completed application in the department of community development services on the form pro'lided by the department. The applicant shall also provide all information or material that is specified in the provision of this chapter that describes the decision applied for, all informatioR specified in FWCC 2.Lll, and any additional information or material that the director of community development services determines is r-casonably Recessal)' for a decision OR the matter. (c) Fee. With the application, the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee. (d) Completeness. (1) Within 28 calendar days of receiving an application, the city must determine whether the application is complete. The city will apply FWCC 221l 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 determiBes the application to be incomplete, the city shall notify the applicant of what needs to be submitted for a complete application. In this \vritten determination, the city shall also identify, to the extent lrn.O'WR to the city, the other agencies of local, state, or federal goyemment that may have jurisdiction over some aspect of t-he proposed development actiyity. fJl applieatiofl shall be deemed complete Uflder this seetioB if the city does not provide a written determinatiefl to the Rpplie8:flt as required in this paragraph.. Ord. No. , Page 20 (2) Within 11 days after an applicam has submitted the additional in[-ormation 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. (e) Additional inf-ormation. 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. (Ord. No. 90 13, ~ 2(145.15),22790; Ord. No. 97 291, ~ 3,1 I 97; Ord. No. 00 375, ~ 11,103 00) SECTION 54. Chapter 22, Article VI, Section 22-390, of the Federal Way City Code shall be amended to read as follows: 22-390 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances issued under the authority of the State Environmental Policy Act. (Ord. No. 90-43, ~ 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 development services shall compile an official file on the application containing the following: (I) All application material submitted by the applicant. (2)AII written comments received on the matter. (3) The written decision ofthe director of community de','elopment services. (4) If the decision of the director of community development services 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 development 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. (I) Content. The director of community development services shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information: (a) The name of the applicant and, if applicable, the project name. (b) The date of application, the date of the notice of completion for the application, and the date of the notice of application. . 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 ef community development services regarding the application within 15 days of the date of the notice. (g) A statement that only the applicant, persons who submit written comments to the director ef community development services, or persons who specifically requests a copy of the original decision may appeal the director's decision. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040. (2) Distribution. Within 14 calendar days of issuing the letter of completeness, the director ef community de'/elopment services shall distribute this notice of application as follows: (a) A copy of the notice of application will be published in the official daily newspaper of the city. (b) The notice of application will be conspicuously posted on or near the subject property. At least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property. (c) A copy of the notice will be posted on each of the official notification boards of the city and public libraries located within the city. (d) For projects under this article which are located within, or are 300 feet from, property zoned SE (suburban estates), RS (single-family residential), or RM (multifamily), a copy of the notice will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (Ord. No. 90-43, S 2(145.30), 2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 01-399, S 3, 8-7-01) SECTION 57. Chapter 22, Article VI, Section 22-393, of the Federal Way City Code shall be amended to read as follows: 22-393 Burden of proof. The applicant has the responsibility of convincing the director of community development services that, under the provisions of this article, the applicant is entitled to the requested decision. (Ord. No. 90- 43, S 2(145.35),2-27-90; Ord. No. 97-291, S 3,4-1-97) SECTION 58. Chapter 22, Article VI, Section 22-394, of the Federal Way City Code shall be amended to read as follows: 22-394 Written comments. The director of eommuRity development serviees shall consider all written comments and information regarding the requested decision that are received by the department of eommuRity development services before the deadline contained within the notice regarding the application. (Ord. No. 90-43, S 2(145.40),2- 27-90; Ord. No. 97-291, S 3,4-1-97) 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. (+i!) Coordination with decisions under the State Environmental Policy Act. If a SEP A threshold determination is required to be issued, the threshold determination must follow the end of the public comment period on the project permit application, but precede the director's decision on the land use and design components of the process III project permit approval. If the SEPA 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 development 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 proiects 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 to working days after the deadline for submitting comments_ issued pursuant to FWCC Rill, except that the (iii) The following periods shall not be included in the calculation of the 120-day period: (Ala; 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)lr. Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21 C RCW. (C)e:- Any period for administrative appeals of the 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)tb 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 uflder this article requires an amendment to the comprehensive plan or this ehapter; requires approyal of a flew fully contained community as provided in RCW 36.701\..350, a master planaed resort as provided in RCW 36.70A.360, the siting of an essential public faeility as provided in RCW 36.70f..200 or capital faeility projects of the city; or if a project permit application under this article is SUbstantially re'/ised by the applicant, in which ease the time period shall start fmm the date at vAtieh the revised pr-ojeet ftPplieatian is determined to be eomplete under FWCC 22 388. Ord. No. , Page 23 (iy) 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. (bZ) Decisional criteria. The director of community development services shall use the criteria listed in this subsection and the provision~ of this chapter describing the requested decision in deciding upon the application. (a) The In addition, the director of community deyelopment services may approve the application only if: (+i) It is consistent with the comprehensive plan; (2,ii) It is consistent with all applicable provisions of this chapter; (:3-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. OU If the application is subject to the requirements of Article XIX, Community Design Guidelines, the director of community development services shall also use the following criteria as 'Nell in deciding upon an application: (+i) It is consistent with the site design standards set forth for all zoning districts in FWCC 22-1634; (2,iD [t is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and (:3-iii) For development applications for remodeling or expansion of an existing development, it is consistent with those provisions of Article XIX, Community Design Guidelines, identified by the director of community development services as being applicable. (61) Conditions and restrictions. The director of comml:lRity development services shall include in the written decision any conditions and restrictions that he or she determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are included become part of the decision. (d1) Contents. The director of community development services shall include the following in the written decision: (+!!) A statement granting, modifying and granting, or denying the application. (2,Q) Any conditions and restrictions that are imposed. (~) A statement of facts presented to the director of community de'lelopmeRt services that support the decision, including any conditions and restrictions that are imposed. (44) A statement of the director's conclusions based on those facts. (~) A statement of the criteria used by the director of cOfHfHl:lnity developmeet services III 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 community development services. (8h) 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~) Distribution of written decision. Within five working days after the written decision of the director of commueity developmeRt services is issued, it shall be distributed as follows: (+!!) A copy will be mailed to the applicant. (~Q) A copy will be mailed to each person who submitted written comments or information to the director of community de'lelopment services. (~) A copy will be mailed to any person who has specifically requested it. Ord. No. , Page 24 (4g) A copy will be mailed to the King County assessor. (Ord.No. 90-43, S 2(145.45), 2-27-90; Ord. No. 97-291, ~ 3,4-1-97) SECTION 60. Chapter 22, Article vr, Section 22-396, of the Federal Way City Code shall be amended to read as follows: 22 396 Effeet of the deeisioR. DecisioRs under this section shall become fiaal subject to the follo'Ning: (1) An applicaat or other party of record ..",ho may be aggrieved by the decision may appeal the decisioR within 14 days of the issuance of the decision by the director of community de..elopmeBt cOBsistent with the provisions of FWCC W5U et seq. If a written notice of appeal is received 'Nithin the appeal period, the decision shall be referred to the hearing examiner and shall not become final until the appeal process is complete and the city issues a final decision. Upon issuance of the final decision, the applicant may engage in activity based on the decision, provided applicable permits have been approved. (2) If no appeal is submitted within the 11 calendar day appeal period, the preliminary approval shall become final on the first calendar day follo't."ing the expiration of the appeal period. Upon the decision becoming final, the applicaRt may eRgage in activity based on the decision, pro'lided applicable permits have been approved. (Ord. No. 90 13, ~ 2(145.50), 2 27 90; Ord. No. 97 291, ~ 3, 1 I 97; Ord. No. 00 375, ~ 12, 103 00) Editor's note Ordinance No. 97 291, ~ 3, adopted April I, 1997, deleted S 22 396 and renumbered ~ 22 395 to be a nc'", ~ 22 396. Fonnerl)', such section pertained to request for reconsideration and dori'/cd from Ord. No. 90 '13, S 2(115_55),2 27 90. 22-396 Effect of the decision. Upon a decision becoming final, the applicant may engage in activity based on the decision, provided applicable permits have been approved. Decisions become final subiect to the following: (1) If a written notice of appeal is received within the appeal period, the decision shall not become final until the appeal process is complete and the city issues a final decision. (2) If no appeal is submitted within the 14 calendar day appeal period, the decision shall become final on the first calendar day following the expiration of the appeal period. (Ord. No. 90-43, & 2(145.50), 2-27-90; Ord. No. 97-291, & 3, 4-1-97; Ord. No. 00-375, ~ 12. 10-3-00) Editor's note - Ordinance No. 97-291, & 3, adopted April!, 1997, deleted ~ 22-396 and renumbered & 22-395 to be a new & 22-396. Formerly, such section pertained to request for reconsideration and derived from Ord. No. 90-43, & 2(145_55), 2-27-90. SECTION 61. Chapter 22, Article VI, Section 22-397, of the Federal Way City Code shall be amended to read as follows: 22-397 Appeals. (I) Who may appeal. +fl.e A decision of the director of comml:lnity development services related to either the land use approval or the communit)' design guidelines decision 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. The appeal, in the f-arm of a letter A written notice of appeal, must be delivered to the department of oommunity development servioes within 14 calendar days after issuance of the decision of the director of community developmeftt services. The appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city. The lettet= 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. Fecs_ The person filing the appeal shall include, with the letter of appeal, the fee as established by the city. The appeal 'will not be accepted unless it is accompanied by the required fee. (4) Jurisdiction. Appeals from the decision of the director of communit)' development services will be heard by thc hearing examiner. (Ord. No. 90-43, ~ 2(145.60),2-27-90; Ord. No. 97-291, S 3, 4-1-97) SECTION 62. Chapter 22, Article VI, Section 22-398, of the Federal Way City Code is hereby repealed as follows: 22 398 Notiee of appeal heariHg. (a) Content. The director of community development services shall prepare a notice of the appeal containing the follo'Ning: (I) The file number and a brief description of the matter being appealed. (2) ,". statement of the scope of the appeal, including a summary of the errors alleged and specific factual findings and conch:lsions disputed in the letter of appeal. (3) The date, time and place of the public hearing on the appeal. (4) f\ statement of '.vho may participate in the appeal. (5) ,^~ statement of RO'N to participate in the appeal. (b) Distribution. At least 10 calendar days before the hearing on tRe appeal, the director of communit), de'ldopment services shall mail a copy of this notice to each person entitled to appeal the decision under FWCC 22 397. COrd. No. 90 13, ~ 2(115.65),2 27 90; Ord. No. 97 291, ~ 3,4 I 97) SECTION 63. Chapter 22, Article VI, Section 22-399, of the Federal Way City Code is hereby repealed as follows: 22 399 PartieipatioH iH the appeal. Only those persons entitled to appeal the decision under FWCC 2Lm may participate in the appeal. These persons may participate in either or both of the following 'Nays: (I) By submitting written comlnents or information to the department of community development services prior to the hearing or to the hearing examiner during the hearing. (2) By appearing in person, or through a representative, at the hearing and submitting oral comments directly to the hearing Clmminer. The hearing examiner may reasonably limit the extent of the oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 90 13, ~ 2(115.70),2 2790; Ord. No. 97 291, ~ 3, 1 I 97) SECTION 64. Chapter 22, Article VI, Section 22-400, of the Federal Way City Code is hereby repealed as follows: 22 400 Seope of the appeal. The scope of the appeal is limited to the errors raised or the specific factual findings and conclusions disputed in the letter of appeal. The hearing examiner may oaly consider e'Vidence, testimony or comments relating to errors raised or the disputed findings and eonelusions. The hearing eJalmifter also Ord. No_ , Page 26 may not consider any request for modification or v.'aiver of applicable requirements of this chapter or any other la\". (Ord. No. 90 13, ~ 2(145.75), 22790; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 65. Chapter 22, Article VI, Section 22-40 I, of the Federal Way City Code is hereby repealed as follows: 22 491 Staff report on appeal. (a) Content. The director of community development services shall prepare a staff report on the appeal containing the following: (1) The written decision of the dir-cct-or of community de'/elopment services. (2) ,^.ll written comments submitted to the director of community development services. (3) The letter of appeal. (1) ,'\11 written comments OR the appeal received by the department of community development services from fJerSORS entitled to fJartieifJate in the appeal. (5) An analysis of the alleged errors in the director's decision and any specific factual findings and conclusions disputed in the letter of appeal. (b) Distribution. 1\t least se'len calendar days before the hearing, the director of commtmity development services shall distribute copies of the staff report on the appeal as follows: (1) A copy will be mailed to the hearing examiner. (2) 1\ copy '.viII be mailed to the applicant. (3) A copy viill be mailed to the person '.vho filed the appeal. (4) A copy will be mailed to each person 'Hho received a copy of the director's decision. (Ord. No. 90 13, ~ 2(145.80),22790; Ord. No. 97 291, ~ 3, 1 1 97) SECTION 66. Chapter 22, Article VI, Section 22-402, of the Federal Way City Code is hereby repealed as follows: 22 492 Publie hearing on appeal. (a) Generally. The hearing examiner shall hold an open record hearing on the appeal. (b) OpeR to public. The hearings of the hearing examiner are open to the public. (Ord. No. 90 43, ~ 2(115.85),22790; Ord. No. 97 291, ~ 3, 4 1 97) SECTION 67. Chapter 22, Article VI, Section 22-403, of the Federal Way City Code is hereby repealed as follows: 22 403 Eleetronie sound reeordings. The hearing examiner shall make a complete electronic sound recording of each hearing. (Ord. No. 90 13, ~ 2(115.90), 22790; Ord. No. 97 291, ~ 3, 4 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 pr60f. The person filiHg the appeal has the responsibility of cORvi8ci8g the heari8g examiHer by a prepoooeffiflce of the evideHee that the director of community de'lelopmeftt services' deoi5i08 eentai8s an effi)r oflaw or that its fmdin.gs of fact or eOHclusions are incorrect. (Ofd. No. 90 43, ~ 2(145.95),22790; Oril. No. 97 291, ~ 3, 4 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: 22 405 ContinuatioB of the hearing. The hearing examiner may continue the hearing if, for any reason, the examiner is l:lIlable to hear all of the public comments on the appeal or if the hearing examiner determines that the examiner Reeds more information '.vithin the seope of the appeal. If, during the hearing, the hearing examiner annOHflces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice ofthat hearing need be given. (Ord. No. 90 13, S 2(115.100), 2 27 90; Oed. No. 97 291, S 3, 1 I 97) SECTION 70. Chapter 22, Article VI, Section 22-406, of the Federal Way City Code is hereby repealed as follows: 22 406 Deeision on appeal. (1) In General. The hearing examiner shall consider all information and comments \",ithin the scope of the appeal submitted by persoRs entitled to participate in the appeal. The hearing examiner shall either affirm or change the findings and conclusions of the director of community development services that were appealed. Based on the hearing examiner's findings and conclusions, the examiner shall affirm, reverse, or modify the decision being appealed_ (2) Issuance of written decision. Within 10 'Norking days after the public hearing, the hearing examiner shall issue a v:ritten decision OR the appeal. Within five working days after it is issued, the hearing examiner shall distribute the decision as follo-.vs: (a) ,A. copy ..viII be mailed to the applicant. (b) A copy vIm be mailed to the person who filed the appeaL (0) /'. copy will be mailed to each person ,....ho participated in the appeal. (d) A copy will be mailed t-o each person that specifically requested it. (c) :\ copy will be mailed to the King COURty assessor. (3) Effect. The decision by the hearing examiner is the final decision of the city, except '.vhere the proposed project that is the su~ect of the hearing examiner's decision involves a school (FWCC 22 I and 22 605), a com.munity recreation area (FWCC 22 I and 22 607), a government facility (FWCC 22 1 and 22 610), a public utility (fWCC 22 I and 22 609), or a public park (fWCC 22 1 and 22611) located in a SE (suburban estates), RS (single family residential), or RM (multifamily) zone, in which case the hearing examiner's decisioB may be appealed to the city council in accordance '.vitA. the provisions of FWCC 22146 through 22 156. (Ord. No. 9013, S 2(145.105),22790; Ord. No. 97291, S 3, 1 197) SECTION 71. Chapter 22, Article VI, Section 22-407, of the Federal Way City Code is hereby repealed as follows: 22 407 Judieial review. If the hearing examiner's decision afftrming, modifying or reversing the director's decision denying an application under this article is the [mal decision of the city, the hearing examiner's decision may be re'/iewed pUrSHflftt to chapter 36.70C RCW in the King County superior court. The laRd use petitioR must be filed within 21 calendar days after issuance ofthe final land use deoisioR of the city. (Ord. N€). 90 13, ~ 2(115.110),22790; Ord. No. 97 291, ~ 3, 4 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 appn),'ial Ceoerlllly. The applicam: under this article mHst begin construction or submit to the city a complete building permit application for the development activity, use of land or other actions appro';ed under this article ..",ithin one year after the final decision on the matter, or the decision becomes void. The applicant must substafttially complete construction for the de'lelopment activity, use of land, or other actions appr-oved under this article and complete the applicable conditions listed in the decision within five years after the final decision of the city on the matter, or the decision becomes void. If litigation is initiated pursuant to FWCC 22 107 22 157, the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation. If the development acth'ity, use of land, or other actions approved HRder 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 sHbsequent phases. (Or<l. No. 90 13, ~ 2(115.115(1)),22790; Ord. No. 97291,93,1 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 of approval Time exteosioo. (a) Application. Prior to the lapse of approval under FWCC 22 408, the applicants may submit a 'Nritten application in the form of a letter 'Nith supporting documentation to the department of comml:mity development services requesting a one time extension of those time limits of up to one year. (8) Criteria. The request must demonstrate that the applicant is making substaRtial progress on the development activity, use of land or other actions approved under this artiele and that circHmstances beyond the applicant's control prevent compliance with the time limits of FWCC ~. (c) Fee. The applicant shall include, with the letter of request, the fee as established by the city. The application '.viII not be accepted unless it is accompanied b)' the required fee. (d) Review pr-ocess. An application for a time extension will be revie\yed and decided upon by the director of community development services. (e) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension l:lRder this section may appeal that decision. The appellant must file a letter of appeal indicating hO'.'1 the decision on the time extension effects the appellant's property and presenting any relevant material or inf-ormation supporting the appellant's contention. The appeal will be heard and decided l:lpon using process IV, described in FWCC 22 431 et seq. Pursuaat to Chapter 36.70B RCW, any time limit upon the oity's processing and decision upon applications under this chapter may, except as otherwise specifically stat-cd in this chapter, be modified by a ...",ritten agreement between the applicant and the director of community development services. (Ord. No. 90 43,92(145.115),22790; Ord. No. 97 291, 93,4 1 97) SECTION 74. Chapter 22, Article VI, Section 22-410, of the Federal Way City Code is hereby repealed as follows: 22 410 Boods. The city may requir-e a bond under FWCC 22 146 et seq. to insure compliance ......ith any aspect of a permit or approval. (ore. No. 90 43, ~ 2(115.120),22790; 000. No. 97 291, ~ 3, 4 197) 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 eompliaoee required. (a) Generally. Except as specified in subsection (b) of this sectioa, the applicant must comply '.vith all aspects, includiag conditions and restrictions, of an approval granted under this article in or-der to do everything authorized by that approval. (b) Exception, subsequent modification. If a specific use or site coafiguration for the subject property '.vas approved under this article or any quasi judicial process under a previous zoRing code, the applicant is Rot required to apply fur and obtain approval through this article for a subseql:lent change iR I:lse or site configuration unless: (1) There is a change in use and this chapter establishes different or more rigorous staadards for the new use than for the existing use; or . (2) The director of community de'lelopment services determines that there 'Nill be sl:lbstantial changes in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 90 43, ~ 2(145.125),22790; Ord. No. 97 291, ~ 3, 1 I 97) SECTION 76. Chapter 22, Article VII, Section 22-431, of the Federal Way City Code shall be amended to read as follows: 22-431 Administration. Various places in this chapter in the Code indicate that certain developments, activities or uses are permitted only if approved using process IV. Certain appeals of agency decisions are also governed by process IV. This article describes process IV. All development applications subiect to this process and also subiect to the requirements of Article XIX. Community Design Guidelines. shall first comply with process III as to those requirements. and then proceed with process IV as to any other required review. Any appeal of the director's decision as to Community Design Guidelines pursuant to this subsection shall be decided at the same time as and in coni unction with the process IV review. If the development. use or activity that requires approval through process II or III is part of a proposal that also requires approval through process IV. the entire proposal will be decided upon using process IV. if the director determines that will result in more efficient decision making. Under process IV the hearing examiner will make the initial decision following a public hearing, except that the director of comml:lRity development services will make the initial decision on application :\rtiele XIX, Community Design Guidelines. The hearing examiner will decide any appeals from the director's decision coneeming comml:lRity design guidelines. City council will decide appeals from the hearing examiner decision except for those decisions that are specifically designated as on the land Hse element; the hearing examiner decision on an appeal of the director's decision concerning community design guidelines may be reviewable in superior court pursuant to Chapter 36.70C RCW. (Ord. No. 90- 43, ~ 2(150.05), 2-27-90; Ord. No. 92-133, S 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: 11 431 Preposals requiring appr&Val through preeess IV. If the developmeRt, use or aeti',ity that requires approval thrOl:lgh pmcess II or III is part of a proposal that also requires appro'jal thfeugh process IV, the entire proposal ",'ill be decided upon usiBg process IV, if the director of eOflllBuflity developmeflt services determiaes that this will result iB more efficieRt Ord. No_ , Page 30 decision making. (Ord. No. 90 13, ~ 2(150.10), 22790; Ord. No. 92 133, ~ 3(150.10), 1 21 92; Ord. No. 97 291, ~ 3, 1 I 97) SECTION 78. Chapter 22, Article VII, Section 22-433, of the Federal Way City Code is hereby repealed as follows: 11 433 Purposes of review, The site plan re';ie\v has the following purposes: (1 ) To revie'li the proposal for compliance with the provisions of this chapter and all other applicable la'N. (2) To help insure that the proposal is coordinated, as is reasonable and appropriate, ..vith other kno'Nn or anticipated development on private properties in the area and with known or anticipated right of way and other public improvement projects ',vithin the ar-ea. (3) To encourage proposals that embody good design priaciples that will result ia high quality development on the subject property. (Ore. No. 97 291, ~ 3, 1 I 97) SECTION 79. Chapter 22, Article VII, Section 22-434, of the Federal Way City Code is hereby repealed as follows: 11 434 ApplicatioBs, (a) Who may apply. l'.ny person may, personally or through an agent, apply for a decision regarding property he or she OVlOS. (b) How to apply. The applicaat shall file the f-ollov/ing iaf-ormation with. the department of community development services: (I) A completed application, '.vith sl:1pportiag affidavits, on forms pro'lided by the department of community development services. (2) Two sets (three if compliance with the State EnviroRmental Policy Act is required) of stamped envelopes \-'lith address labels obtained from the comity, within the prior six months, contaiaing the names and addresses of the persons receiving the propert)' tax statemeRts for properties v;ithin 300 feet of each. boundal)' of tile subject propert)'. (3) A copy of the county assessor's map identifYing the properties specified in subsection (b )(2) of this section. (4) Any iaformation or material that is specified in the provisioR of this chapter that describes the applied for decision. (5) All inf-ormation required b)' FWCC 2Lli. (6) Any additional iRformation or material that the director of community de'lelopment services determines is reasonably necessary for a decision OR the matter. (c) Fee. With the application, the applicant shall submit the fee established by the city. The application '.viii not be accepted Kniess it is accompanied by the required fee. (d) Completeness. . (I) Withia 28 calendar days of receiviag an application, the city must determine '.vhether the application is complete. The city v.ill apply FWCC .u.J1 to determine completeness. If the city deems the applicatioa to be complete, a letter of completeaess IDKSt be issued prior to the 28 day deadline. If the city determines the application to be incomplete, the city shall notify the applicant of what needs to be SUBmitted for a complete application prior to the 28 day deadline. lR this wnttea determination, the city shall also identify, to the extent known to the city, the other agencies of loeal, state, or federal govemmeat that may ha-'1e jurisdictioa ever some aspect of the proposed de'/elopment aetiyity.i'Jl application shftll be deemed complete under this seetioa if the city does not pnwide a vfflttea determination to the applie8:Bt as required ifl th.is paragraph. Ord. No. , Page31 (2) Within 11 days after an applicant has submitted the additional information identified by the city as being necessll:f)' for a complete application, the city shall Hotif')' the applicant v.hether the application is complete or 'whether additional information is necessary. (e) f.dditional information. ,^. determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or substantial changes in the proposed action occur. (Ord. No. 90 43, ~ 2(150.15),22790; Ord. No. 92 133, ~ 3(150.15), 4 21 92; Ord. No_ 97 291, ~ 3,4 I 97; Ord. No. 00 375, ~ 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 community development 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 of the any public hearing on the matter. (5) The decision of the hearing examiner. (6) If the decision of the hearing examiner is appealed, the following will be included in the file: a_ The lettef notice of appeal. b. All written comments submitted regarding the appeal. c. The staff report on the appeal. d. The electronic sound recording and minutes of the hearing on the appeal. e. The decision of the city council on the appeal. (7) Any other information relevant to the matter, including any agency decision and notice of appeal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development services during regular business hours. (Ord. No. 90-43, S 2(150.25),2-27-90; Ord. No. 92-133, S 3(150.25), 4-21-92; Ord. No. 97-291, S 3,4-1-97) SECTION 81. Chapter 22, Article VII, Section 22-436, of the Federal Way City Code shall be amended to read as follows: 22-436 Notice. (I) Contents. The director of community dC'lelopment services shall prepare the following notices as applicable: (a) Notice of application. A potice of application shall contain: (i) The name of the applicant and, if applicable, the project name and file number. (ii) The date of application, thc date of the notice of completion f-or the application, and the date-efthe 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. (ii) A statement of the scope of the appeaL including a summary of the errors alleged and specific factual findings and conclusions disputed in the letter of appeal. (iii) The date, time, and place of the public hearing on the appeal. (iv) A statement of who may participate in the appeal. (v) A statement of how to participate in the appeal. (2) Distribution. The director of community development services shall distribute these notices as follows: (a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director of community de'lelopment services shall distribute the notice of application as follows: (i) A copy of the notice of application will be published in a newspaper of general circulation in the city; (ii) At least three copies of the notice of application will conspicuously posted on or near the subject property. Of these, at least one will be posted on or adjacent to every public right-of-way providing primary vehicular access to any property that abuts the subject property; (iii) A copy of the notice will be posted on each of the official notification boards of the city and public libraries within the city; (iv) A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) Notice of public hearing. The director of communit), development services shall distribute the notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of application except no posting needs to be done on or near the subiect property. as follows: (i) /'. copy will be mailed to the persons receiving the property tax statcmcAts for all property within 300 feet of each boundary of the subject property; (ii) A copy will be published in a newspaper of geAeral circulation of the cit),; (iii) A copy '.viII be posted on each of the official Aotification boards of the eity aArl public libraries 'llithin 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 =I=he applicant shall erect at least one public notification sign which complies with standards developed by the department ef Ord. No. , Page 33 community dcvelopment services within 14 calendar days of the issuance of the letter of completeness. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development services may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision ofthe city on the matter. ( 4) Timing for signs. The public notification sign or signs must be in place 'Nithin 11 calendar days of issuing the letter of completeRess and removed within seven calendar days after the final decisioR of the city OR the matter. (Ord. No. 90-43, S 2(150.30), 2-27-90; Ord. No. 92-133, S 3(150.30),4-21-92; Ord. No. 97-291, S 3,4-1-97; Ord. No. 01-399, S 3, 8-7-01) Cross-reference: FWCC 18-51 SECTION 82. Chapter 22, Article II, Section 22-437, of the Federal Way City Code shall be amended to read as follows: 22-43+4.5 Compliance with the State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community development services shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under the authority of the State Environmental Policy Act. Where a threshold determination under the State Environmental Policy Act is required, the responsible official shall issue his or her determination at 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 IV approvaL (Ord. No_ 90-43, S 2(150.20), 2-27-90; Ord. No_ 92-133, S 3(150.20), 4-21-92; Ord. No. 97- 291, S 3,4-1-97) SECTION 83. Chapter 22, Article vn, Section 22-438, of the Federal Way City Code is hereby repealed as follows: 22 438 Community design guidelines. (a) ,'\pplicability. ,^.ll commercial, office, iRdustrial, institutional, and multifamily development applications arc subject to the requirements of f.rticle XIX, Community Design Guidelines. f.pplieations for remodeling and expansion of an existing developments shall meet only those provisions of this article that are determined by the director of community development services to be reasoRably related and applicable to the area of expansion or remodeling. (b) Director's decision. Within 10 "'lorking days after the deadline for submitting comments IlAd after considering all of the information and commeRts sHbmitted on the application, the director of commHnity development services shall issHe a '.veitten decision_ (c) Decisional criteria. The director of community developmeRt services shall w;e the criteria listed in the provision of this chapter describiRg the reqHested decision in deciding Hpon the application. IR addition, the director of commHnity development services may approve the application only if: (I) It is consistent '""ith the site design standards set f{)rth for all zoniRg districts in FV/CC R ~ --, (2) It is consistent with applieable supplemental guidelines set f{)rtfl in FWCC 22 1638; and (3) For de';elopment applications for remodeling or expansion of aD existing development, it is coasistent with those provisioRs of f.rtiele XIX, Comml:lRity Design Guidelines, ideatified by the direetor of eommunity (k;elopmeBt serviees as being applicable. (d) CenditioBs aDd restrictioas. The direeter of community deyelopment serviees shall inelude in the written decision any eonditions 8:ftd restrictions that he or she determines are reasonably Beeessary te Ord. No. , Page 34 eliminate or minimize any undesirable effects of granting the application. ,'\ny conditions and restrictions that are iaeluded become part of the decision. (e) Contcnts. The director of community deyelopment services shall inelude the following ift--the ',witten decision: (I) ,\ statement granting, modifying and granting, or dcnying the application. (2) Any eonditiolls and restrictions that are imposed: (3) ,A. statement of facts presented to the director of community development services that support the decision, including aay conditions and restrictions that are imposed. (<1) ^ statement of the director's cORelusioflS based on those facts. (5) A statement of the criteria used by the director of community de'lelopment services in making the decision. (6) The date of the decision. (7) /\ summary of the rights, as estaBlished in this article, of the applicant, and otkers to appeal the decision and/or conditions of the director of community development services-: (8) The idemification of existing environmental documents that evaluate the proposed pf(~ect and the location where the application afld any studies can be revievled. (9) A statemeRt of the preliminary determination, if one has been made at the time of notice, of those development regulatioRs that ',viII be used for project mitigation and of consistency as pr{)'/ided in RCW 36.708.040. (0 Distribution of written dccision. The written decision of the director of community developmeRt services is issl:led, it shall be distributed as follows: (I) 1. copy ',vill be mailed to the applicant. (2) ^ copy '"ill be mailed to each person who submitted '""rittcn comments or information to the direct-or of cOnuRl:lnity development seryices. (3) ^ copy will be mailed to any person who has specifically requested it. (4) A copy Vim be mailed to the King COl:Jflty assessor. (g) Effect of the decision. The applicant may not engage in any activity based on the decision l:lntil the third \vorking day after the time to appeal has expired. If the decision is appealed, the applicant may not engage in any activity based on the decision until the third working day after the city issues a final decision on the matter. If the decision of the director of community development services is not appealed, that decision is the final decision of the city. (h) ,'\ppeals. (I) Who may appeal. The decision and/-or conditions of the director of community development services related to the community design guidelines may be appealed by any person '""ho is to r~cei...e a copy of teat decision under FWCC ~(f). (2) How and when to appeal. The appeal, in the form of a letter of appeal, must be deli'lered to the department of comml:lRity development services 'within 14 calendar days after issl:laflce of the decision of the director of eomml:lRity development services. The letter of appeal must contain: a. A statement identifying the matter being appealed, along ',vith a copy of the decision; b. /'. statement of the alleged errors in the director's decision, includifl.g specific factual findings and conclusions of the dir~ctor of community developmeRt services disputed by the person filing the appeal; and c. The appellant's name, address, telephone fll:1mber and fax number, and any other information to facilitate communicating with the appellant. (3) Fees. The person filmg the appeal shall include, ',vith the letter of appeal, the f-ee as established by the city. The appeal ..yill not be accepted unless it is accompanied BY the required f~e. (4) Jurisdietiofl. Appeals of the decision of the director of community development serviees will be heaf'd by the hearing examiner. (5) Appeal heariag timiag. :\0 appeal of a deeisioa of the direetor of CORllHtlRit)' development services will be heard on the same date as the pablic hearing for the applieatioa beiag proeessed PUfStlftflt to this seotioR. Ord. No. , Page 35 (6) Notice of appeal hearing. The notice of the appeal hearing shall be included in the notice of public hearing for the application being processed pursuant to this section. The notiee of appeal hearing shall include: a. The file number and a brief description of the matter being appealed; b_ ^ statement of the scope of the appeal, including a summary of the alleged errors in the director's decision, including specific factual findings and conclusions displited in the letter of appeal; c. The date, time, and place of the public hearing on the appeal; d. l\ statement of who may participate in the appeal; and c. i\ statement of AO..,.. to participate in the appeal. (7) The provisions of FWCC gJ.22 through 2.~ shall apply to appeals filed under this section. (Ord. No. 97 291, ~ 3, -1 1 97; Ord. No. 99 333, ~ 3, 1 1999; Ord. No_ 00 375, ~ 11, 103 (0) 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 commlinity development services shall prepare a staff report concerning the application or agency decision appeal. being processed pursuant to this section. The staff report shall containing the following information: (I) 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 comml:mity development services prior to distribution of the staff report. (3) An analysis of the application under the any relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community deyelopment services and the conclusions drawn from those facts, including an analysis of any alleged errors or disputed findings or conclusions in an agency decision appeal. (5) A recommendation on the matter. (b) Distribution. At least seven calendar days before the hearing, the director of commlinity dcyelopment 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 follo'+'I's: (1) /\ copy .vi II be sent to the hearing examiner. (2) ^ copy will be sent to the applicant. (3) A copy .vill bc sent to any person '""ho has specifically requested it. (Ord. No. 90-43, S 2(150.35),2-27-90; Ord. No. 92-133, S 3(150.35),4-21-92; Ord. No. 97-291, S 3, 4-1-97) SECTION 85. Chapter 22, Article VII, Section 22-440, of the Federal Way City Code shall be amended to read as follows: 22-440 Public hearing. (aD Generally. The hearing examiner shall hold a ~ hearing on each application that is open to the public. The hearing examiner shall make a complete electronic sound recording of each public hearing. . (b) Open to public. Tho hearings of the hearing examiner are opcn 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 community development services prior to the hearing or by giving these directly to the hearing examiner at the hearing. (b) By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing examiner. The hearing examiner may reasonablv limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. 0) Continuation. The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If. during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 90-43, S 2(150.40), 2-27-90; Ord. No. 92-133, S 3(150.40),4-21-92; Ord_ No. 97-291, 93,4-1-97) SECTION 86. Chapter 22, Article VII, Section 22-441, of the Federal Way City Code is hereby repealed as follows: 22 441 EleetroRie SOURd. reeonliug. The Rearing examiner shall make a complete electronic sound recording of each public hearing. (Ord. No. 90 13, ~ 2(150.45),22790; Ord. No. 92 133, ~ 3(150.15),1 21 92; Ord. No. 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 convincing 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, S 2(150.50), 2-27-90; Ord. No. 92-133, S 3(150.50),4-21-92; Ord. No. 97-291, S 3,4-1-97) SECTION 88. A new section is added to Chapter 22, Article VII, of the Federal Way City Code to read as follows: 22-442.5 Scope of aeencv 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 22 443 Publie eOHlHleots aDd partieipatioo at the heariog. fLny person may participate in the pl:lblic hearing in either or both ofta€: following ways: (I) By submitting written comments to the hearing examiner, either by delivering these comments to the department of community jevelopment services prior to the hearing or by giving these directly to the neariRg examiRer at the hearing. (2) By appeariRg in persoR, or through a representative, at the heariRg and making oral comments directly to the heariRg examiner. The hearing examiRer may reasonably limit the extent of oral comments to facilitate the orderly afld timely conduct of the hearing. (Or<l. No. 90 13, ~ 2(150.55), 227 90; Ord. No. 92 133, ~ 3(150.55), 421 92; Ord. No. 97 291, ~ 3, 1 I 97) SECTION 90. Chapter 22, Article VII, Section 22-444, of the Federal Way City Code is hereby repealed as follows: 22 444 Coutiuuatiou of the heariug. The hearing examiner may continue the hearing if, for any reason, he or she is uftable to hear all of the p1:lblic comments on the matter or if the hearing examiner determines that he or she needs more iRformatioR OR the matter. If, duriRg the hearing, the hearing examiner announces the time and place of the Rext hearing OR the matter and a notice thereof is posted OR thc door of the hearing room, no further Rotice of that heariRg Reed be given. (Oed. No. 90 13, ~ 2(150_60), 2 2790; Ord. No_ 92 133, ~ 3(150.60),4 21 92; Ord. No. 97 291, ~ 3, 4 I 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. (l) Unless a longer period is agreed to by the applicant, the hearing examiner ffl\:tSt 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 N 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 43.21C 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: (I) A statement granting, modifYing and granting, 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. (t) Distribution of written decision. Within five working days after the hearing examiner's written decision is issued, the director of community development services shall distribute the decision as follows: (I) 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 exam mer. (3) A copy will be mailed to any person who has specifically requested it. (4) A copy will be mailed to the King Countyassessor.(Ord. No. 90-43, ~ 2(150.65), 2-27-90; Ord. No. 92-133, ~ 3(150.65),4-21-92; Ord. No. 97-291, ~ 3,4-1-97) Ord. No. , Page 39 Editor's note - Ordinance No. 97-291, S 3, adopted April I, 1997, deleted S 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. 92-133,93(150.75),4-2[-92- SECTION 92. Chapter 22, Article VU, Section 22-446, of the Federal Way City Code shall be amended to read as follows: 22-446 Final decisions and effect Effeet of the decision. Upon a decision becoming final, the applicant may engage in activity based on the decision, provided applicable permits have been approved. If a decision of the hearing examiner is the final decision of the city it may be reviewed under 22-456. Where the hearing examiner's decision is not the final decision of the city, the decision may be appealed under 22-447 and is subiect to subsection 2 of this section. (1) Agency decision appeals. The decision by the hearing examiner on an agency decision appeal is the final decision of the city, except where the proposed proiect involves: (a) An approvaL other than a site plan approval. involving a school (FWCC 22-605), a community recreation area (FWCC 22-607), a government facility (FWCC 22-6(0), 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 subiect to subsection I of this section, decisions of the hearing examiner become final: (a) If no appeal of the hearing examiner's decision is submitted within the appeal period, on the first calendar day following the expiration of the 14 calendar day appeal period~ (b) If a written notice of appeal of the hearing examiner's decision is received within the appeal period, when the city issues a final decision after the appeal process is complete. Decisions become final subject to the following: (I) If a written notice of appeal is received ....vithin 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 'Nithin the 11 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, 9 2( 150.70), 2-27-90; Ord. No. 92-133,93(150.70),4-21-92; Ord. No. 97-291, 9 3, 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 Hearine 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, 6f persons who specifically request a copy of the written decision, or by the City. (2) How and when to appeal. The appeal, in the form of a letter A written notice of appeal, must be delivered to the department of community development services within 14 calendar days after issuance of the decision of the director of eommunity development services. The appeal must be accompanied by cash or a check. payable to the city of Federal Way, in the amount of the fee as established by the city. The 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 person filing the appeal shall include, ',.."ith the letter of appeal, the fee established by the city. (a) In addition to the appeal f-ee, the appellant shall either pay an amount sufficient to cover the cost of preparing the written transcript of the hearing examiner hearing, at the cost of $16.00 per hour~~ (b) In lieu of payment of the trMseript preparation costs, the &ppellMt may choose to or make separate arrangements to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shaIl 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 shaIl be accompanied by an affidavit or certification by the appeIlant as to the accuracy and completeness of the transcript. (c) The appeal will not be accepted unless it is accompanied by the required foCe and appropriate oosts-: (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 appeIlant substantiaIly prevailed on appeal and that decision shall be final. The transcript refund shaIl 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, ~ 2(150.80),2-27-90; Ord. No. 92-133, ~ 3(150.80),4-21-92; Ord. No. 97-291, ~ 3,4-1- 97) SECTION 94. Chapter 22, Article VII, Section 22-448, of the Federal Way City Code shall be amended to read as follows: 22-448 Notice of the appeal hearing. (a) Contents. The director of community development services shall prepare a notice of the appeal containing the following: (I) The file number and a brief description of the matter being appealed. (2) A statement of the scope of the appeal, including a summary of the specific factual findings and conclusions disputed in the letter of appeal. (3) The date, time and place of the city council public hearing on the appeal. ( 4) A statement of who may participate in the appeal. (5) A statement of how to participate in the appeal. (b) Distribution. At least 10 calendar days before the hearing on the appeal, the director of community development shall send a copy of this notice to each person entitled to appeal the decision under F'.VCC 22 116. (Ord. No. 90-43, ~ 2(150.85),2-27-90; Ord. No. 92-133, ~ 3(150.85), 4-21-92; Ord. No. 97-291, ~ 3,4-1-97) SECTlON 95. Chapter 22, Article VII, Section 22-449, of the Federal Way City Code is hereby repealed as follows: 22 449 Partieipation in the appeal. Only those persons entitled to appeal the decision Hader FWCC 22 447 may participate in either or both.ofthe following 'NaYS: Ord. No. , Page 41 (I) By submitting \vritten comments to the department of community development prior to the hearing or to the city cO\:mcil at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments directl)' to the city council. The council may reasonably limit the extent of the oral comments to facilitate .the orderly and timely conduct of the hearing. (Ord. No. 90 43, ~ 2(150.90),2 27 90; Ord. No. 91 133, ~ 3,1 21 92; Ord. No. 97 291, ~ 3,1 I 97) Bditor's note Ordinance No. 97 291, ~ 3, adopted April I, 1997, deleted ~ 22 119. Formerly, such section pertained to scope oftRe appeal aad deri'/ed from Ord. No. 90 13, ~ 2(150.95),22790; Oro. No. 91 133, ~ 2, 1 21 n. 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 !ettef notice of appeal. (6) All written comments received by the department of community development from persons entitled to participate in the appeal and within the scope of the appeal. (7) An analysis of the alleged errors and the specific factual findings and conclusions disputed in the letter of appeal. (b) Distribution. At least seven calendar days before the hearing. the +fie director of commuHity development services shall distribute copies of the staff report on the appeal to the following people: each member of the city council, the applicant. the appellant. any person who specifically requested it. in an appeal anv person who requested the director's decision. and in an appeal the underlying applicant if different than the appellant. documents as follows: (1) Prior to the heariHg, a copy vlill be sent to each member of tRe city cOl:lflcil. (2) At least seven calendar days before the hearing, a copy '.vill be sent to: a. The applicant; b. The person ',VRO filed the appeal; and c. Each person who recei'/ed a COP)' of the hearing examiner's decision. (Ord. No. 90-43, 9 2( 150.100), 2-27-90; Ord. No. 92-133, 9 3( 150.100),4-21-92; Ord. No. 97-291, 9 3, 4-1-97) SECTION 97. Chapter 22, Article VII, Section 22-451, of the Federal Way City Code shall be amended to read as follows: 22-451 Closed record appeal. (a1) Generally. The city council shall hold a closed record appeal hearing, as defmed in RCW 36. 70B.020( 1 ). that is open to the public. The city council shall make a complete electronic sound recording of the hearing. (2) Participation. Only those persons entitled to appeal the decision of the hearing examiner may participate in either or both of the following ways: 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 !lotice of that hearing need be giyen. (b )Open t-o public. The hearings of the city council are open to the public. (01) Scope of appeal. The scope of the appeal is limited to the specific errors raised or factual findings disputed in the letter of appeal. The city council shall consider oRly the following: (Ia) The~ information received from the director of community deyelopment services pursuant-te FWCC 22450; e21:!) The record before the hearing examiner, including exhibits and evidence admitted by the hearing examiner; (3) Appeal argument by the appellant, any person '.vho commented to or testified before the hearing examiner, or other persons provided that appeal argument shall address only the issues raised by the letter of appeal and evidence, ifany, allov/ed under FWCC ll.J2l(c)(4); and (4) New evidence that was not presented to or considered by the hearing examiner, bl:lt only if that evidence: (i) Relates to the validity of the hearing examiner's decision at the time it was made and the party offering the ne'N evidence did Rot know, and was under no dl:lty t-o disco'/er_or could not reasoaably have discovered the evideRce UFl:til after the hearing examiner's decision; or (ii) The hearing examiner improperly exch:ldcd or omitted the evidence from the record. (Ord. No. 90-43, ~ 2(150.105), 2-27-90; Ord. No. 92-133, ~ 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 by the hearing examiner: (3) Evidence within the scope of the appeal that was not presented to or considered by the hearing examiner, but only if: (a) At the time of the hearing examiner's decision the party offering the evidence did not know of the evidence, was under no duty to discover the evidence, and could not have reasonably discovered the evidence: or (b) The hearing examiner improperly excluded or omitted the evidence from the record. (4) Arguments within the scope of the appeal by persons allowed to participate in the appeal. SECTION 99. Chapter 22, Article VII, Section 22-452, of the Federal Way City Code is hereby repealed as follows: Ord_ No. , Page 43 22 452 Eleetronie sound reeordings. The city council shall make a complete electronic sound recording of each heariRg. (Ord. No. 90 43, S 2(150.110),22790; Ord. No. 92 133, ~ 3(150.110), -12192; Ord. No. 97 291, ~ 3, -1 197) SECTION 100. Chapter 22, Article VU, Section 22-453, of the Federal Way City Code shall be amended to read as follows: 22-453 Burden of proof. The person filing the appeal has the responsibility of convincing persuading the city council by a preponderance of the evidence that the hearing examiner's decision contains an error of law or that its findings of fact or conclusions are incorrect. (Ord. No. 90-43, S 2(150.115), 2-27-90; Ord. No. 92-133, S 3( 150.1(5),4-21-92) SECTION 101. Chapter 22, Article VII, Section 22-454, of the Federal Way City Code is hereby repealed as follows: 22 454 Continuation ofthe hearing. The city council may eontinl:le the heariag iC for any reaSOR, it is Hnable to hear all of the fmblic comments on the appeal or if the city council determines that it needs more inf-ormation withiR the scope of the appeal. If, dl:lring the hearing, the time and place of the Rext pl:lblic hearing OR the matter is announced and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. (Ord. No. 90 43, S 2(150.120), 2 27 90; Ord. No. 92 133, ~ 3(150.120), 4 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 tbe appeal. ill After considering the matter as provided in FWCC 451.5 22 451(c), the city council shall, by motion approved by a majority vote of members present, take one of the following actions: (+;~) 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. (;!.h) 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. (3-2.) Notice of decision. (a). General. Within 2 working days after Follmving the final decision of the city council, the director of community development services shall prepare a notice of the city's final decision on the application. To the extent the decision does not do so, the notice shall include a statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW, and a statement that the affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. (b). Distribution. Within two working days after the city council's decision is made, the director of commuRity development services shall distribute the notice of the decision as follows: I. 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 (41) Effect. The decision of city council is the final decision of the city. (Ord. No. 90-43, S 2 (150.125),2-27-90; Ord. No. 92-133, S 3(150.125),4-21-92; Ord. No. 97-291, S 3, 4-1-97) SECTION 103. Chapter 22, Article VII, Section 22-456, of the Federal Way City Code shall be amended to read as follows: 22-456 Judicial review. The final decision aeti&R 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 34.05.5[0 through 34.05.598, as provided in RCW 84.14.110(2), within 30 days after issuance of the decision of the hearing examiner. (Ord. No. 90- 43, S 2(150.130), 2-27-90; Ord. No. 92-133, S 3(150.130),4-21-92; Ord. No. 97-291, S 3,4-1-97) SECTION 104_ Chapter 22, Article VII, Section 22-457, of the Federal Way City Code is hereby repealed as follows: 22 457 Lapse of appro'\'al Ceoerally. The applicant must begin construction or submit to the city a complete building permit application for the de'/elopment acti'lity, use of land or other actions approved under this article within one year after the final decision on the matter, or the decision becomes void. The applicant must slibstantially complete construction f-or the de'lelopment activity, use of land, or other actions approved liRder this article and complete the applicable conditions listed in the decisioR within five years after the final decisioR of the city on the matter, or the decision becomes void. If litigation is initiated plirsuant to FWCC 22 156, the time limit of this section are automatically extended by the length of time between the commencement aHd fiHal 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 decisioR on the application. (Ord. No. 90 13, ~ 2(150.135(1)),2 2790; Ord. No. 92 133, ~ 3(150.135(1)), 1 21 92; Ord. No. 97 291, ~ 3, 1 I 97) SECTION 105. Chapter 22, Article VII, Section 22-458, of the Federal Way City Code is hereby repealed as follows: 22 458 Lapse of approval Time extensioB. (a) Application. Prior to the lapse of approval under FWCC 22 157, the applicants may sl:tbmit a .....'fitteR application in the form of a letter '.vith supporting documentation to the department of community development services reql:lesting a one time extensiofl of those time limits of lip to one year. . (b) Criteria. The request fB\:lst demonstrate that the applicant is making substantial progress on the developmeflt activity, use of land or other actions approved under this article and that cir-cumstaflces beyofld the applicant's control prevent compliance with the time limits offWCC 22 457. (c) fee. The applicant shall include, with the letter of request, tHe fee as established by the city. The application \vill not be accepted unless it is accompanied by tHe req\:lired fee. (d) Rcview process. An applicatiofl for a time extension will be reviewed afld decided UpOfl by tHe dirootor of oomm\:lnity development services. (e) Appeals. /'.ftY person who is aggrieved by the granting or denying of a request for a time exteRsion Mder this section may appeal tHat decision. THe appell8fit must file a letter of appeal indicatmg HOVl the decision on the time e-xtension effects the appellaRt's property and preSORting any relevant material or Ord. No. , Page 45 iofonnation supporting the appellaot's contention. The appeal will be heard 8:l1d decided upon using proees:> IV, described ifl this article. Any time limit, pl:lrSllant to Chapter 36.70B RCW, upon the eity's processing and decision upon applications under this chapter may, except as otherwise specifically stated in this chapter, be modified by a '.\'fitten agreement between the applicant and the director of community de';elopment services. (Ord. No. 90 13, ~ 2(150_135(2)), 2 27 90; Ord. No. 92 133, ~ 3(150.135(2)), 1 21 92; Ord. No. 97 291, ~ 3,4 I 97) SECTION 106. Chapter 22, Article VII, Section 22-459, of the Federal Way City Code is hereby repealed as follows: 22 459 Bonds. The heariog oxamioer and city cOlulcil may require a bond under FWCC ~ to insure compliance with any aspect of a permit or approval. (Ord. No. 90 43, ~ 2(150.140),22790; Ord. No. 92 133, ~ 3(150.110),1 21 92; Ord. No. 97 291, ~ 3, 4 1 97) SECTION 107. Chapter 22, Article VH, Section 22-460, of the Federal Way City Code is hereby repealed as follows: 22 460 Complete eomplianee required. (a) Geflerally. Except as specified io subsection (b) of this seetioo, the applicaot must comply ''vith all aspects, including conditions and restrictions, of an approval granted under this article in order to do eyerythiog authorized by that approval. (b) Exceptioo Subsequent modification. If a specific use or site configuration for the subject property .vas approved uoder this article or 8:l1Y quasi judicial process under a previous zoning code, the applicant is not required to apply for aod obtain approyal through this article for a subsequent change in use or site configuration unless: (I) There is a chaRge in use aod this chapter establishes different or more rigorous standards for the new use than for the existiRg use; or (2) The direet-or of community development services det-ermiRes that there .vill be substantial ch8:l1ges in the impacts on the neighborhood or the city as a result of the change. (Ord. No. 90 13, ~ 2 (150.115),22790; Ord. No. 92 133, ~ 3(150.115), 1 21 92; Ord. No. 97 291, ~ 3, 1 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. Administration. Application for a quasi-iudicial rezones must be reviewed and decided upon under process V. This article describes process V. Under process V, the hearing examiner will hold a public hearing and based on the record of that hearing make a recommendation to city council, which will then decide upon the application. (Ord. No. 97-291, S 3,4-1-97) SECTION 109. Chapter 22, Article VIII, Section 22-477, of the Federal Way City Code shall be amended to read as follows: 22-477 Types of rezones. (a) 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 faj( I) of this section_ All project related rezones require a specific development proposal for the subject property. (Ord. No. 97-291, S 3,4-1-97) SECTION 110. Chapter 22, Article VIII, Section 22-478, of the Federal Way City Code is hereby repealed as follows: 22 478 I'..pplieatiofts, (a) \VRo may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she O'lfflS. (I:>) How to apply. The applicant shall file the following information with the department of community development services: (I) 1'. completed applicatioR, ''vith supporting affidavits, on forms provided by the department of community development services; (2) TVlo sets of stamped eRyelopes, aRd a list of the same, labeled with the name and address of all current O\YRerS offeal property, as sho'.vn in the records of the county assessor for the subject property, within 300 feet of each bmmdary of the s\:l~ect property; (3) A copy of the county assessor's map identifying the properties specified in subsection (b)(2) of this section; (4) f. vicinity map showing the subject property with enough information to locate the property '.vi thin the larger area; (5) ,\fly informatioR or material that is specified in the provision of this chapter that describes the applied for decision; (6) All information specified in f\IlCC llJl; and (7) ,A.Ry additional informatioR or material that the director of community development services determiRes is reasonably necessary for a decisioR on the matter. (c) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWCC llJl and this section relating to '..,hat constitutes a complete application. (Ord_ No. 97 291, ~ 3, 4 I 97; Ord. No. 99 337, ~ 2, 3 2 99; Ord. No. 00 375, ~ 16, to 3 00) SECTION Ill. 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 eommunity de'lelopmeRt services shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under the authority of the State Environmental Policy Act. (Ord. No. 97-291, S 3,4-1-97) SECTION 112. Chapter 22, Article VIII, Section 22-480, of the Federal Way City Code shall be amended to read as follows: Ord. No. , Page 47 22-480 Official file. (a) Contents. The director of comml-lHit)' development 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 of the public hearing on the matter. (5) The recommendation of the hearing examiner. (6) The electronic sound recording and minutes of the city council proceedings on the matter. (7) The decision of city council. (8) Any other information relevant to the matter. (b) Availability. The official file is a public record. [t is available for inspection and copying in the department of community devclopment services during regular business hours. (Ord. No. 97-291, S 3,4- 1-97) SECTION 113. Chapter 22, Article VIII, Section 22-481, of the Federal Way City Code shall be amended to read as follows: 22-481 Notice. (l) Content. The director of community development services shall, .."ithin 11 days of issuing a letter of eomplete8ess 08 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 datc of the notice of completion fuF-..thc application, and the date ef the notice of appl ication. (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 e.xtent 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_ (t) A statement of the availability of the official file. (g) A statement of the right of any person to submit written or oral comments to the hearing examiner regarding the application. (h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed_ (i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation. (2) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (a) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property. (b) A copy will be published in the newspaper of general circulation in the city. (c) A copy will be posted on each of the official notification boards of the city. (3) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department of community development: services at least 10 calendar days before the public hearing. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of eomma8ity development services 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. (4) Timiflg. The public notification sigfl or signs must be in place at least 10 calendar days before the public hearing and removed .....ithin seven calendar days after the final decision of the city on the matter. (Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-337, S 2, 3-2-99) SECTION 114. Chapter 22, Article VIII, Section 22-482, of the Federal Way City Code shall be amended to read as follows: 22-482 Staff report. (a) Contents. The director of community development services shall prepare a staff report containing the following information: (I) All pertinent application materials. (2) All comments regarding the matter received by the department of comml:lflity developmeflt services prior to distribution of the staff report. (3) An analysis of the application under the relevant provisions of this chapter and the comprehensive plan. (4) A statement of the facts found by the director of community de'/elopmeflt services and the conclusions drawn from those facts. (5) A recommendation on the matter. (b) Distribution_ At least seven calendar days before the hearing, the director of community de'lelopmeflt services shaH 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: (I) A copy will be sent to the hearing examiner. (2) f. (;lOpy will be sent to the applicant. (3) A copy will be sent to each person v:ho has specifically requested it. (Ord. No. 97-291, S 3,4- 1-97) SECTION 115. Chapter 22, Article VIII, Section 22-483, of the Federal Way City Code shall be amended to read as follows: 22-483 Open record hearing. (al) Generally. General. The hearing examiner shall hold an open record hearing on each application that is open to the public. The hearing examiner shall make a complete electronic sound recording of each public hearing. (b) Open to public. The hearings of the hearing examiner are open to the public. (2) Participation. Any person may participate in the hearing under this process in either or both of the following ways: (a) By submitting written comments to the hearing examiner. either by delivering these comments to the department prior to the hearing or by giving these directly to the hearing examiner at the hearing. (b) By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (3) Continuation. The hearing examiner may continue the hearing if, for any reason. he or she is unable to hear aU 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 EleetroRie soaRd reeordiRg. The heariRg examiner shall make a complete electronic sound recordiRg of each public hearing. (Ord. No. 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 convincing persuading the city hearing examiner ~ preponderance of the evidence that, under the provision of this article, the applicant is entitled to the requested decision. The hearing examiner shall give great deference to the agency's interpretation of its own properly promulgated regulations or matters within its expertise_ The hearing examiner may take notice of: (I) Any iudicially cognizable facts: (2) Technical or scientific facts within the agency's specialized knowledge: and (3) Codes or standards that have been adopted by an agency of the United States. of this state or of another state. or by a nationally recognized organization or association. (Ord. No. 97-291, 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 ~8(j Pablie eommeRts aDd partieipatioR at the heariRg. Any person may participate in the public hearing iR either or both of the following ways: (1) By submittiRg written comments to the hearing examiner, either by delivering these comments to the departmeRt of community de"lelopment services prior to the hearing or by giving these directly to the hearing examiner at the heariRg. (2) By appearing in person, or throl:lgh a representative, at the hearing aRd makiRg oral eomments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral eotRHlents to facilitate the orderly and timely conduct of the 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 COBtiBaatioft of the heariftg. The hearing examiner may continue the hearing if, for any reason, he or she is llRable to hear all of the public eomments OR 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 annOUDOOS the time aRd plaee of the Dext hearing on the matter and a notice thereof is posted on the door of the heariflg room, 00 further ootiee of that hearlog Deed be gi'leR. (Ord. No. 97 291, ~ 3, 4 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. (al) 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. (eD 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: {i}tr.- The proposed rezone is in the best interest of the residents of the city; and (illlr. 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 illP!-: The rezone will correct a zone classification or zone boundary that was inappropriate when established; {ili}e-: It is consistent with the comprehensive plan; (jy}th It is consistent with all applicable provisions of the chapter, including those adopted by reference from the comprehensive plan; and ~ It is consistent with the public health, safety, and welfare. (;!h) The city may approve an application for a quasi-judicial project related rezone only if it finds that: ilia-: The criteria in subsection (e.1)( +~) of this section are met; and (illlr. The proposed project complies with this chapter in all respects; and {ili}e-: 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 (jy}th The site plan is designed to minimize impacts upon the public services and utilities; and ~ The rezone has merit and value for the community as a whole. (44) 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. (ej) 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. (;!h) 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. (f~) Distribution of written recommendation. The director of commUFlity de'lelopmeAt services 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. . (;!h) Prior to the meeting where city council considers the application, a copy will be sent to each member of city council. The director of community development 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. 97-291,93,4-1-97; Ord. No. 99-337,92,3-2-99; Ord. No. 02-424,93,9-17-02) 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 community development services and the applicant. Calculation of this time period shall not include any time necessary for a reopening of the hearing before the hearing examiner under subsection (c) of this section. (b2) Supplemental distribution. The director of community development services shall promptly send to each city council member any etheF relevant information not previously distributed to council members. (el) Scope of review. The city council review of the rezone application shall be limited to: {& The record of the hearing before the hearing examiner; 021 Oral comments received during the public meeting (so long as those comments that do not raise new issues or introduce information not contained in the examiner's recordj, ami (f1 The hearing examiner's written report;~ (d) Evidence within the scope of the appeal that was not presented to or considered by the hearing examiner, but only if: . i. At the time of the hearing examiner's decision the party offering the evidence did not know of the evidence, was under no duty to discover the evidence, and could not have reasonably discovered the evidence; or ii. The hearing examiner improperly excluded or omitted the evidence from the record. These materials shall be re'lie'Ned for compliance '.vith review criteria set forth in fWCC 20 125. =I=he city council may also recei'le and revievl ne',v evideace or iafonnatioa not contained in the record of hearing bef-ore the hearing examiner, but only if that evidenee or information: (I) relates to the validity of the hearing examiner's decision at the time it ',vas made and the party offering the nC'N evidence did not !cno'.." and was ullder no duty to discO'i'er or could not reasonably ha'le discovered the evidence until after thc hearing examiner's decision; or (2) the hearing examiner improperly excluded or omitted the evidence from the record. (4) Remand. If the city council concludes, based upon a challenge to the hearing examiner recommendation or upon its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or inadequate t-o allow the city council to make a decision on the application, the city council may, by motion, remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion. (e~) City council decision. After consideration of the entire matter using the criteria listed in FWCC 22-488, and upon approval by a maiority of the total membership, the city council shall, by action approved by a majority of the total membership, take one of the 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. bjj. Deny the application. The city council shall give effect to this decision a denial by adopting a resolution pursuant to subsection (g) of this section. (2-2) Nonproject rezone. The city council has the option to: ai. Approve the applicati-on, 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 bii. Deny the application. The city council shall give effect to this decision a denial by adopting a resolution pursuant to subsection (g) of this section. (e) Oecisional criteria. The city council shall use the criteria listed in FWCC ~(c). (~) 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. (g4) Findings of fact and conclusions. The city council shall include in the ordinance or resolution: h E+1 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 application for either a non project or project related rezone is the final decision of the city. (Ord. No. 97-291, S 3,4-1-97) SECTION 122. Chapter 22, Article VIII, Section 22-490, of the Federal Way City Code shall be amended to read as follows: 22-490 Notice of final decision. (a) General. Following the final decision by the city council, the director of conulUloity development services shall prepare a notice of the city's final decision on the application. (b) ~istribution. After the city council's decision is made, the director of community development serviees shall distribute a copy of the notice of the final decision as follows: (I) 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 exam mer. (3) A copy will be mailed to each person who has specifically requested it. (4) A copy will bemailedto the King County assessor. (Ord. No. 97-291, S 3,4-1-97) SECTION 123. Chapter 22, Article vm, Section 22-491, of the Federal Way City Code shall be amended to read as follows: 22-491 Effect of city council approval of project-related rezone. (a) Effect on the applicant. The applicant may, subject to all applicable codes and ordinances, develop the subject property in conformity with the resolution of intent to rezone and the site plan approved as part of that resolution. (b) Effect on the city. If the applicant completes development of the subject property in conformity with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the rezone by adopting an ordinance that makes the zone boundary or classification change to the zoning map approved in the resolution of intent to rezone. (c) Activity after notice. The applicant may not engage in any activity based on the decision until the third working day after the notice of the final decision is distributed under FWCC 22-490. (d) Nonproject rezone. If the city council approves a quasi jlfdicial nORproject reZORC it will give effect to this decision b-)' adoptiRg aR ordinance amendiRg the zoning map of the city. (Ord. No. 97-291, S 3, 4-1-97) SECTION 124. Chapter 22, Article VIII, Section 22-492, of the Federal Way City Code shall be amended to read as follows: 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 m described in f\VCC Rill through 22 .111 to review and decide upon an application for a minor modification. The city may approve a minor modification only if it finds that: (I) 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, ~ 3, 4-1-97) SECTION 125. Chapter 22, Article VIU, 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, ~ 3,4-1-97) SECTION 126. Chapter 22, Article VIII, Section 22-494, of the Federal Way City Code shall be amended to read as follows: 22-494 Judicial review. The final decision aetiefl of the city in granting or denying an application under this article may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition shall be filed within 21 calendar days of the issuance of the final land use decision of the city. (Ord. No. 97-291, S 3,4-1-97) SECTION 127. Chapter 22, Article VIU, Section 22-495, of the Federal Way City Code is hereby repealed as follows: 22 495 Lapse of appFo'.lal. The applicant must begin construction, or submit to the city a complete building permit application for the development activity, use of land, or other actions approved under this article \vithin one year after the final decision on the matter, or the decision becomes void, provided the city cOllncil may, i8 the resolution of i8t-ent to rezone, exte8d the time limits contained herein. The applicaRt ml:lst sl:lbstantially complete construction f-or the devetopmeRt activity, "se of land, or other actions appr-oved I:lnder this article and complete the applicable conditions listed i8 the decisi08 within five years after the fiaal decision of the city on the matter, or the deeisioR becomes ','oid. If litigation is initiated pHrSl:laat te this artiele, the time limits of this section are al:ltomatieally exteaaed by the leRgt8 of time betweeR the commencement and fiRal termi8ation of that litigation. If the de'/elopmeRt activity, I:lse of laBd, or ather Ord. No. , Page 54 action approved under this article includes phased construction, the time limits of this subsectioR may be extended in the decisioR on the application. (Ord. No. 97 291, ~ 3, 1 1 97) SECTION 128. Chapter 22, Article VIII, Section 22-496, of the Federal Way City Code is hereby repealed as follows: 22 496 Time exteBsiaR. (a) L^.pplication. Prior to the lapse of appro'.'al for a project related reZORe under FWCC Rill, the applicaRt may submit a written application in the form of a letter with supporting documentatioR to the department of community development services reql:lesting a one time extension of those time limits of up to ORe year. (b) Criteria. The request must demonstrate that the applicant is making substantial progress on the developmeRt activity, use of land, or other actions approved under this article and that circumstances beyoRd the applicant's cORtrol prevent compliance ,vith the time limits ofFWCC 22 195. (c) fee. The applicaAt shall include, with the letter of request, the fee as established by the city. The application will not be accepted unless it is accompanied by the required fee. (d) Re'/ie'N process. An application for a time extension '.yill be reviewed and decided upon by the director of community development services. (e) Appeals. /\ny person who is aggrie'/ed by the granting or denying of a request for a time extension under this sectioR may appeal that decision. The appellant must file a letter of appeal iRdicating bo'"" the decisioR on the time extension effects the appellant's property and presenting any relevant material or information supporting the appellant's contention_ The appeal 'Nill be heard and decided upon using process IV, described ill fWCC 22 476 et seq. Any time limit, pursoont to Chapter 36.708 RCW, upon the city's processing and decision upon applications under this article may, except as otherwise specifically stated iR this chapter, be modified by a written agreement bet\'leen the applicant and the director of communit), development services. COrd. No. 97 291, ~ 3, 1 I 97) SECTION 129. Chapter 22, Article VIH, Section 22-497, of the Federal Way City Code is hereby repealed as follows: 22 497 BaRds. The cit), may require a bond under F'.VCC 22 l-t6 et seq. to enSHre compliance with any aspect of the permit or approval. (Ord. No. 97 291, ~ 3, -4 1 97) SECTION 130. Chapter 22, Article VIII, Section 22-498, of the Federal Way City Code is hereby repealed as follows: 22 498 Camplete eampliaaee required. (a) General. Exeept as specified in sl:lbscction (b) of this seetioR, the applicant must comply with all aspects, including conditions and restrictions, of an appro';al graRted under this article in order to do everything authorized by that approval. (b) Exce\'ltioR Subsequent modification. If a specific use or site plaR for the sl:lbject property was approved under this article, or aAY quasi judicial process under a pr-evious zoniRg code, the applicant is not required to apply for and obtain approval through this article f-or a subsequeRt change iR a use or site plan Wlless: (1) There is a chaRge iR use and this ehapter establishes difIereBt or more rigorous standar-ds for the Bew use thaR f-or the existing Hse; or Ord No. , Page 55 (2) The director of community development services determines that there '.vill be substantial changes in the impaets on the neighborhood or the city as a result of the change. (Ord. No. 97 291, ~ 3, 1 -l--i).1j SECTION 131. Chapter 22, Article IX, Section 22-516, of the Federal Way City Code shall be amended to read as follows: 22-516 Purpose. Various places in this chapter indicate that certain proposals to amend the zoning map through a legislative rezone, amend the text of this chapter development regulations, or amend the comprehensive plan must be reviewed and decided upon using process VI. This article describes process VI. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02) SECTION 132. Chapter 22, Article IX, Section 22-517, of the Federal Way City Code shall be amended to read as follows: 22-517 Initiation of proposals. A proposal that will be reviewed using this article may be initiated by the city council~ ef ~ council committee, or requested by the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies_ (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3,10-15-02) SECTION 133. Chapter 22, Article IX, Section 22-518, of the Federal Way City Code shall be amended to read as follows: 22-518 Docket. The department of community development services shall maintain a docket of all proposals to amend changes to the comprehensive plan or development regulations and proposed submitted by any interested persons, (including development applicants, citizens, hearing examiners, and/or other agencies and staff). (Ord. No. 99-337, S 2, 3-2-99; Ord_ No. 02-426, S 3, 10-15-02) SECTION 134. Chapter 22, Article IX, Section 22-519, of the Federal Way City Code shall be amended to read as follows: 22-519 Compliance with State Environmental Policy Act. The State Environmental Policy Act applies to some of the decisions that will be made using this article. The director of community. development services shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02) SECTION 135. Chapter 22, Article IX, Section 22-520, of the Federal Way City Code shall be amended to read as follows: 22-520 City council review. Ord. No. , Page 56 faXD Docketed amendment reql:lests proposals. The city council shall review all requests docketed proposals with the department of community development services concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review all requests 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. t61(2} Other amendments. The city council shall review city-initiated changes to the text amendments of the comprehensive plan shall be reviewed concurrently with docketed amendment requests proposals. The city council may also review or amend the comprehensive plan: whenever an emergency exists, to resolve an appeal of the eomprehensi'/e plan or amendments thereto, or in other circumstances as proyided for by RCW 36.70A.130(2)(a). (a) If an emergency exists, which is defined as an issue of community-wide significance that promotes the public health, safety, and general welfare; (b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court; Cc) To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58 RCW; Cd) 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 ({) In other circumstances as provided for by RCW 36.70A.130(2)(a)_ The city council may al5e review city-initiated changes to the text of this chapter development regulations or to the city's zoning map from time to time concurrently with the docketed proposals or at the council's discretion. (eX11 Additional information. The city council may request, through the city manager, that the department of community development services or any other department of the city provide any information or material on tlte ~ proposal(s), consistent with FWCC 22-53 L (Ord. No_ 99-337, ~ 2, 3-2- 99; Ord. No. 02-426, ~ 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: (I) Public notice notifYing the public that the amendment process has begun shall be published in the city's official newspaper. (2) Notice shall be posted on the official city public notice boards. (3) A copy of the notice shall be mailed to other local newspapers. (4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgment of the director of community development services may be directly affected by changes to the comprehensive plan or development regulations shall be sent a copy of the notice. [n 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, ~ 2, 3-2-99; Ord. No. 02-426, ~ 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 of the comprehensive plan or development regulations codified in this chapter. (b) How to apply. An applicant must complete an application form prepared by the city. An applicant seeking a change in comprehensive plan designation and zoning for a specific parcel shall also file the information specified in FWCC 22 H8 32.5 with the department of community development services. (c) The director of commHflity 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, S 2,3-2-99; Ord. No. 02-426, S 3, 10-15-02) SECTION 138. Chapter 22, Article IX, Section 22-523, of the Federal Way City Code shall be amended to read as follows: 22-523 Criteria fer prioritizing plan requests Prioritizin!! docketed proposals. (a) After September 30th but prior to adopting any docketed proposals amendment requests, the city council shall hold a public hearing and select those docketed proposals requests it wishes to further: consider for adoption and for staff to research further. (b) The city council shall consider the following criteria following a public hearing in selecting the docketed proposals comprehensive plan amendments or development regulations to be considered during the upcoming cycle: (1) Whether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest. (2) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (3) Whether the proposed amendment meets existing state and local laws, including the Growth Management Act. (4) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (c) If the request meets the criteria set forth in subsections (bXl) through (b)(4) of this section, it shall be further evaluated according to the following criteria: (I) 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 requests according to the criteria in subsections (b) and (c) of this section, the council shall determine which docketed proposals reqHests 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 pr-oposed amendment shall not constitute a decision or recommendation that the proposal proposed amendment should be adopted nor does it preclude later council action to add or delete an amendment for consideration. (Ord. No. 99-337, S 2, 3-2- 99; Ord. No. 02-426, S 3, 10-\5-02) SECTION 139. Chapter 22, Article IX, Section 22-528, of the Federal Way City Code shall be amended to read as follows: 22-528 ZOBiBg text Development re{!ulation amendment criteria. The city may amend the text ofthis chapter development regulations only if it finds that: (I) The proposed amendment is consistent with the applicable provisions of the comprehensive plan; (2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and (3) The proposed amendment is in the best interest of the residents of the city. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02) SECTION 140. Chapter 22, Article IX, Section 22-531, of the Federal Way City Code shall be amended to read as follows: 22-531 Official file. (a) Contents. The director of community development services shall compile an official file containing all information and materials relevant to the proposal and to the city's consideration of the proposal. (b) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours. (Ord. No. 99-337, S 2, 3-2-99; Ord_ No. 02-426, S 3, 10-15-02) SECTION 14\ Chapter 22, Article IX, Section 22-532, of the Federal Way City Code shall be amended to read as follows: 22-532 Notice. Notice provisions under this section shall be followed for both the public hearing during which all docketed proposals requests for changes to the comprehcnsi'.e plan map designation, zoning map, text of the comprehensive plan, and text of the development regulations are prioritized by the city council, as well as the public hearing held by the planning commission. (l) Contents. The director of community development services shall prepare a notice of each proposal, for which a public hearing will be held, containing the following information: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. b. A statement of how the proposal would change the affected provision. c. A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal. d. The date, time, and place of the public hearing. e. A statement of the availability ofthe official file. r. 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 deyelopmeftt services 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 of the site. (Ord. No. 99-337, ~ 2, 3-2-99; Ord. No. 02-426, ~ 3, 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 community development services shall prepare a staff report containing: (I) An analysis of the proposal and a recommendation on the proposal; and (2) Any other information the director of community development services determines is necessary for consideration of the proposal, consistent with FWCC 22-526, 22-528, 22-529, and 22-530. For site-specific comprehensive plan amendments, the provisions of FWCC 22-488(c) shall also apply. (b) Distribution. The director of community dC'lelopment services shall distribute the staff report as follows: (I) A copy will be sent to each member of the planning commission prior to the hearing. (2) A copy will be sent promptly to any person requesting it (Ord. No. 99-337, ~ 2, 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 of the planning commission are open to the public. (c) Pursuant to FWCC 22-1674, when a development agreement and plan have been prepared, the city council shall hold a public hearing. (d) Effect. Except as provided in subsections (a) and (c) of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposaL (Ord. No. 99-337, ~ 2,3-2-99; Ord. No. 02-426, S 3, 10-15-02) SECTION 144. Chapter 22, Article IX, Section 22-535, of the Federal Way City Code shall be amended to read as follows: 22-535 Material to be considered. (a) Generally. Except as specified in subsections (b), (c), and (d) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this article. (b) Exclusion. Except as specified in subsections (c) and (d) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process. (c) In the case of development agreements, the director of cOffiffil:lftity developmeHt 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 thatwill be decided upon using this article is part of a specific project, the city may consider all information pertaining to SEPA 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, ~ 3, 10-15-02) SECTlON 145. Chapter 22, Article IX, Section 22-537, of the Federal Way City Code shall be amended to read as follows: 22-537 Public comment and participation at the hearing. Any interested person may participate in the public hearing in either or both of the following ways: (1) By submitting written comments to the planning commission either by delivering these comments to the department of commuRity development services prior to the hearing or by giving them directly to the planning commission at the hearing. (2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02) SECTlON 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: (l) 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, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02) SECTlON 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 commuRity 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 devclopmcnt scrvices shall transmit the planning commission report to the city manager for consideration by city council. (c) Distribution. The director of community development services shall promptly send a copy of the planning commission report to any person requesting it. (Ord. No. 99-337, S 2, 3-2-99: Ord. No. 02-426, S3,10-15-02) 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 cnact or adopt the proposal. (b) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this chapter describing the proposal. (c) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership: ( 1 ) Approve the proposal by adopting an appropriate ordinance; (2) Modify and approve the proposal by adopting an appropriate ordinance. If the council chooses to modify an amendment to the comprehensive plan or a development regulation. and the change is proposed after the opportunity for review and comment has passed. an opportunity for review and comment on the proposed change shall be provided before council on the proposed change unless: (i) An environmental impact statement has been prepared for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement: (ii) The proposed change is within the scope of the alternatives available for public comment: (iii) The proposed change only corrects typographical errors, corrects cross-references. makes address or name changes. or clarifies language of a proposed ordinance or resolution without changing its effect: (iv) The proposed change is to a resolution or ordinance making a capital budget decision that is consistent with the comprehensive plan: or (v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control and the council schedules a public hearing on the adopted moratorium or interim control within at least 60 days of its adoption, and the council adopts findings of fact before or immediately after this public hearing. (3) Disapprove the proposal by resolution; or (4) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the time within which the planning commission shall report back to the city council on the proposal. (5) If the city council determines that a development agreement shall should be prepared for a site-specific request, the city council shall recommend further analysis based on ;\rticlc A, Chapter 22, Article XXI [Chapter 19.85 FWRC] Development Agreements. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02) Ocd. 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, moditying or denying an amendment to a development regulation this chapter or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW. (Ord. No. 99-337, S 2, 3-2-99; Ord. No. 02-426, S 3, 10-15-02) SECTION 150. Chapter 22, Article X, Section 22-548, of the Federal Way City Code shall be amended to read as follows: 22-548 Process for deciding upon prop~sal. (aD An application for a Class I temporary use shall be reviewed by the director of commHRity development serviccs, under process [ 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. (b~) An application for a Class II temporary use shall be reviewed and decided upon using FWCC 22- 550, and process III, described in FWCC ~ et seq. (Ord. No. 90-43, S 2(127.10),2-27-90; Ord. No. 94-209, S 3,3-15-94) SECTION l51. Chapter 22, Article X, Section 22-549, of the Federal Way City Code shall be amended to read as follows: 22-549 Application information. tat 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. (bJ) Class I temporary use applications shall also include such Such information necessary for the director of community development services to evaluate the use pursuant to FWCC 22-550, Criteria for issuaace; and, if determined applicable pursuant to F'.VCC 22 SHea), shall include applicatioR 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 iflclude all of the foregoiflg informatiofl as '.vell as the application materials required in F'.VCC 22 386 et seq., Process III. (Ord. No. 90-43, S 2(127.15), 2-27-90; Ord. No. 94-209, S 3, 3-15-94) 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 excepted from modifications apply to the height limitations of this chapter: (l) Unless otherwise provided in subsections (2) and (3) of this section: (a) Rooftop appurtenances may exceed the applicable height limitation by a maximum of four feet. if the area of all appurtenances and screening does not exceed 10 percent of the total area of the building footprint. These appurtenances must be located in such a way as to minimize view blockage. (b) Appurtenances that do not meet the standards of subsection (lXa) of this section may be permitted using process I if the director determines that. based on accurate graphic representations provided by the applicant. views from adiacent properties will not be significantly affected. (c) Any appurtenance. other than chimneys and antennas. must be screened from all streets and nearby properties. See FWCC 22-960. (+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 city will appfOye the application if: (i}l-; Views across the subject property are not substantially impaired; and ~ The antenna must be placed above the roofline in order to function properly. (2) EKcept as spccified in subsections (I) and (2) of this scction: (a}. Rooftop appurtenances may exceed the applicable height limitatiofl. by a maximum of four feet, if the area of all appurt-enances arid screcning docs not exceed 10 percent of the total area ofthe building f{)otprint. Thcse appurtenances must be located in such a ',vay as to minimize view blockage. (b}. Appurtenances that do not meet the standards of subsection (2)(a) of this section may be permitted if thc dircctor of community dcvelopment determines that, based on accurate graphic representations provided by the applicant, ',ie'NS from adjacent properties .....iII not be significamly aff-ccted. (c}. Any appurtenance, other than chimneys and antennas, must be scree fled from all streets and llearby properties. See FWCC 22 960 for requirements pertaining to rooftop screcfliRg. (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 ~ity shall take into consideration the strong federal interest in promoting amateur communications and the rules adopted by the Federal Communications Commission regulating such facilities. If the city approves the radio tower and antenna structure, it may impose limitations to mitigate or. eliminate any adverse impacts. This may include, but is not limited to, requiring the use of a telescoping antenna, which would only be extended during limited periods when the antenna is in use. (Ord. No. 90- 43, S 2(115.60(2)), 2-27-90; Ord. No. 00-375, S 20, 10-3-00) SECTION 153. Chapter 22, Article XIV, Section 22-1241, of the Federal Way City Code shall be amended to read as follows: Oed. 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 of any development activity on the subject property. If the development activity requires approval through process I, II, m or 1'1, the provisions of this article ,,,,ill be implcmentcd as part of these processes. (2) If subsection (I) of this section does not apply, any determination of the director of community development may be appealed as provided for in process IV of Chapter 22 FWCC, Zoning. (Ord. No. 90- 43, ~ 2(80.30(1)), 2-27-90; Ord. No. 91-105, S 4(80.30(1)), 8-20-91; Ord. No. 91-123, S 3(80.30(1)), 12- 17-91; Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 07-554, ~ 5(Exh. A(IO)), 5-15-07) SECTION 154. Chapter 22, Article XIV, Section 22-1245, of the Federal Way City Code is hereby repealed as follows: 22 1245 Appeals of determinatio8 made under artiele. ,A.ny determination madc by the director of community development under this article_may be appealed using the proccdur~s established for appeals of interpretations under FWCC 22 350. (Ord. No, 90 43, ~ 2(80.40),22790; Ord. No. 91 105, ~ 4(80.40),82091; Ord. No. 91 123, ~ 3(80.10),12 1791; Ord. No. 04 168, ~ 3, II 1604; Ord. No. 07 554, ~ 5(Exh. 1\(10)), 5 15 07) SECTION 155. Chapter 22, Article XV, Section 22-1397, of the Federal Way City Code shall be amended to read as follows: 22-1397 Authority to grant. (a1) If the proposed development or use of eF---efl 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 ofthis division. (&2) If subsection (a1) of this section does not apply, the director of community development may require. grant. or deny grant or require a modification in writing under the provisions of this section. The decision of the director to require, grant or deny a modification under this division may be appealed as provided for in process IV of Chapter 22 FWCC, Zoning. using the appeal procedures of process III. (Ord. No. 90-43, ~ 2(105.1I5(2)(a), (b)), 2-27-90; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 97-296, S 3, 6- 17-97; Ord. No. 07-554, S 5(Exh. A(ll)), 5-15-07) SECTION 156. Chapter 22, Article XXI, Section 22-1669, of the Federal Way City Code shall be amended to read as follows: 22-1669 Development plan. Any development plan accompanying the development agreement shall be subject to process III including community design guidelines requirements. notice requirements of FWCC 22 392 through R 394. The application shall not be determined to be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. The deyelopment plan shall also be reviewed pursuaot to the community design guidelines requirements of FWCC 22 395 through 22 406 except that a:R Any appeal of the hearing examiner's decision on the appeal of an administrative a director's decision on the eOlRIBunity design guidelines shall be heard by the city eouHcil based on the procedures of FWCC 22 446 t.Jirough 22 455 at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWCC 22-1674. (Ord. No. 02-426, ~ 3, 10-15-02) Oed. 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 efl-the of a hearing examiner's decision of an appeal of a threshold determination~ or Ris or her decision on an appeal of ~ community design guidelines decision, or an appeal of the hcaring examiner's decision on a process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36. 70B.020( I) at the same time as the public hearing on the development agreement and development plan. (b) City council decision on appeals. In making a decision on the appeals, the council shall follow the procedures in process IV. ef FWCC 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 provisions of this chapter describing the proposal. (d) City council action. After consideration of the entire matter, and upon approval by a maiority of the total membership. the city council shall, by action approved by a majority of the total membership, take one of the following actions: (I) The city council has the option to: a. Grant the application as proposed; or modifY and grant the application. In either case, it shall give effect to this decision by adopting an ordinance, which approves the change in comprehensive plan designation and zoning based on the approved development agreement and development plan. b. Deny the application. The city council shall give effect to a denial by adopting a resolution pursuant to subsection (c) of tRis section. c. Findings of fact and conclusions. The city council shall include in the ordinance or resolution: I. A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and 2. The city council's conclusions based on those facts. (e) Effect. The decision of city council on an application for change in comprehensive plan designation and zoning based on the approved development agreement and development plan is the final decision of the city. (Ord. No. 02-426, ~ 3, 10-15-02) SECTION 158. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. 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 , Page 66 Oed. No. changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modity 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 MA YOR, 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 Oed. No. , Page 67 COUNCIL MEETING DATE: December rd, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Addressing Civil Enforcement In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING CIVIL ENFORCEMENT IN THE FEDERAL WAY CITY CODE? COMMITTEE: Land Use/Transportation Committee MEETING DATE: Nov. 17th, 2008 CATEGORY: D Consent D City Council Business STAFF REpORT By: AARON I8l Ordinance D Resolution DEPUTY CITY ATTORNEY D D Public Hearing Other DEPT: Law Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During the process Staffhas discovered a number issues relating to civil enforcement including opportunities to generally make civil enforcement, penalties, authority and procedures consistent and clear; remove redundancies, and direct enforcement to the Chapter [Title] 1 process for most civil enforcement (except for some specific areas.) Concurrently with this ordinance staff will present a resolution on the re- codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, Ordinance. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on December 2nd. 2. Modify the proposed Ordinance and forward to the full council for first reading. 3. Do not approve the proposed Ordinance. STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: ~ Com . ee DIRECTOR APPROVAL: ~ Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: HI move to forward the ordinance to a second reading for enactment on the January (/h consent agenda". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o TABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02/06/2006 COUNCIL BILL # I ST reading Enactment reading ORDINANCE # RESOLUTION # ORDINANCE NO. AN ORDINANCE RELATING TO CIVIL CODE ENFORCEMENT, ADDING SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN CHAPTERS 1,5,8, 10, ll, 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 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: SECTlON 1. Chapter 1, Article I, Section I-I 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. Oed. No. , Page I SECTION 2. Chapter I, Article I, Section 1-2 of the Federal Way City Code shall be amended to read as follows: 1-2 Definitions aod rules of eoostruetioo. IR the construction of this Code, and of all ordinances, the following rules shall be observed, unless such cOHstructioH would be inconsistent with the manifest intent of the city cOliflcil: 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, commissions, officers, employees, departments, etc~ Whencycr ref-er-ence is made to a board, committee, commission, officer, employcc or dcpartmcnt, etc., it shall mean the same as ifit were follo..ved by the vt'Ords "of the city of Federal Way, 'Nashington." City. The '/lord "city" shall meaH means the City of Federal Way, Washington, and shall extend to and include its several officers, agents, and employees. City council, cOl:lReil. The terms "city cOUllcil" and "council" 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 Gity Revised Code (FWRC), and includes any valid ordinances adopted by the City even though they have not been codified. 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 dcsignated 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 iR v.'hich event the pcriod shall ruR until the end of tkc next day which is neither a Saturday, Sunday or legal holiday. \\Tflcn thc period of time prescribed or allowed is lcss than scycn days, iRtermcdiatc Saturdays, Sundays and legal holidays shall be excluded in 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 iudicial 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. \Vhenever the word "county" is used it shall mean and 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. Delegation of autllority. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some net or parfiJrm some dety, it shall be construed to authorize the ~ head of the department or other officer or employee to designate, delegate, and authorize subordinates to perform the requir-ed net or perform the dmy unless the terms of the pfOvisioR or Oed. No. , Page 2 sectiofl specifY otherwise and except for sigRiflg checks, cx-eeution of contracts1 and other duties r-egarding finance. Development means any human activity consisting of any construction. expansion. reduction. demolition, or exterior alteration of a building or structure: any lise, 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-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 proiect 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. Gonder. A word importing either the masculinc or feminine gender shall extend and be applied to both the masculine and feminine genders, and to firms, partnerships and corporations. Highway. The term "high'"vay" shall ineludc includes any street, alley, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass1 or causeway. or public place in the city dedicated or devoted to public use. "Keeper and proprietor". The words "keeper" and "proprictor" shall mean and iflcludc persons, firms, associations, corporations, clubs and copartnerships, '""nether acting by themselves or tlu-ough 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 word "month" shall mean means a calendar month. Number. t. word importing the singular may extend and be applied to thc plural, and vice versa. Oath. The 'Nord "oath" shall include includes an affirmation in all cases in 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. Tnc word "owner" as applied to a building or land shall include 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 word "persofl" shall cxteoo and be applied to associatiofls, clubs, societies, flfffiS, partBerships fHlEl bodies politic anti eorpomt-e as well as to indi'liduals. Oed. No. . Page 3 Person means one or more individuals. firms, partnerships, corporations, sole proprietorships, trusts. incorporated or unincorporated associations. clubs, societies. marital communities. ioint 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 include includes real, personat and mixed property. Proprietor includes any person whether acting by themselves or through a servant. agent. or employee. Public place. The term "public place" shall mean any place subject to the primary control of any public agency, iRcluding but not limited to any park, street, public 'Nay, cemetery, schoolyard or open space adjaeeflt 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 tcrm "real property" shall incll1dc 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 adiacent 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 iurisdiction of the city. ' Sidewalk. The ','lord "side',valk" shall mcan 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 of a street betwcea the curblinc and the adjacent property line, intended for the use of, or ordinarily used by, pedestrians or bicycles, including driveways. Signature or subscription. The 'Nord "signature" or "subscription" means the act of writing or affixing in any way a person's name or mark. whether personally or by direction or adoption. or result of such act. includes a mark when the pcrson canRot write. State. The tcrm "state" shall mean means the State of Washington. Street. The word "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 "tcnaat" and "occupant" as applied to a building or land shall include 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. Tease. Words used in the past or present tense iRclude the future as well as the past and pr-esent. 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 aftd or in writing. The ','lords "written" and "in 'IITiting" shall include includes any representation of words, letters.. or figures, whether by printing or otherwise. SECTION 3. Chapter I, Article I, Section 1-3 of the Federal Way City Code shall be amended to read as follows: 1-3 Catehlines of seeDoRs. Rules of Construction The eatehlines of the several seetions of this Code printed iR boldfaee type are ifltended as mere cateh'.vord5 to indicate the contents of the sections aod shall not be deemed or takeR to be titles of sHeR Oed. No. , Page 4 sections, nor as any part of the sections; nor, unless expressly so pf0vidcd, shall they be so deemed when any of such sections, including the catchlines, arc amended or reenacted. 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 specity 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 city 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. (12) Registered mail. Whenever the use of "registered" mail is authorized by this code. "certified" mail with return receipt requested. may be used. (13) 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 m, Section 1-15 of the Federal Way City Code is hereby repealed as follows: 1 15 Defiuitious. In this chapter, unless a different meaning is plainly required: (a) :\ct mcans doing or perfDrming something. (b) Ci'/il '/iolation means a violatioR of a provision of a city development regulation for which a monetary penalty may be imposed under this chapter. Each day or portion of a day during ',vhich a violation occurs or exists is a separate violation. Traffic infractions pursuant to Chapter 11 FWCC are specifically excluded from the application of this chapter. (c) De';elopmcnt moaas the erection, alteration, enlargement, demolition, mainteRaftCe or use of any structure or the alteration or \:Ise of any land aboyc, at or belmy ground or water level, and all acts authorized by a city development regulation. (d) Development regulation mcaRS and includes the fQllov.'ing, as of or after the cffeeti'/tJ date of the ordiRance codified in this chapter: (1) Chapter 2. FWCC, Buildings and Building RcgulatioRs; (2) Chapter ~ FWCC, Fire Prevention and Protection Code; (3) Chapter lQ FWCC, Nuisances Code; (1) Chapter 11 F\VCC, Parks and Recreation Code; (5) Chapter II FWCC, Solid Waste Code; (6) Chapter II FWCC, Streets, Sidewalks and Certain Other Places Code; (7) Chapter li FWCC, Utilities Code; (8) Chapter 2Q FWCC, Subdivision Code; (9) Chapter n. FWCC, Zoning Code; (10) ,^.ll standards, regulations and procedures adopted pursuant to the above; and (11) The terms and conditions of aRY permit or appro'lal issued pursuant to the above. (c) "Emcrgcncy" means a situation which in the opinion of the applicable departmeRt director requires immediate action to prevent or eliminate an immediate threat to the health or safety of pcrsofls, property, or the environment. (f) "Enforccment o.fficitl" meaRS the city building official, city code cnforccmeRt officers, aRa all other city officials desigFlatcd by ordinance or by the city manager for purposes of enforcing the provisioRs of this or other chapters and codes designated therein. (g) Hearing cxamiRcr means the Federal Viay hearing examiner and the office thereof. (h) OmissioR means a failure to act. (i) Person includes aflY natural person, any corporation or any unincorporated association or partRership. (j) Violation means an act or omission contrary to a city dC'/clopmcnt regulation iRc1udiRg aa act or omission at the same or different locations by the same person. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 5. Chapter 1, Article III, Section 1-14, ofthe 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 de'lelopmcftt regulations of the city, to provide an opportunity for an appeal of determinations of Oed. 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 penalties. 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, S 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 iniunction 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 ofthis 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. . (al) Issuance. Whenever the enforcement officer determines that any activity is bcing conducted or afty acvelopmcRt is occurring that does not conform to thc applicable provisions of this Code, or that civil f! violation otherwise exists, he or she may issue an order to cease activity directing any person causing, allowing, aOOfor participating in the offending conduct to cease such activity or conduct immediately. (92) Posting and service Service of order. The enforcement official shall serve the order upon the person to whom it is directed, either by: (l) Delivering delivering it personally; or E2t-BY -h mailing a copy of the order to cease actiyity i! by registered or certified mail, postage prepaid, return receipt requested, to such person at hisfhef 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 Oed. 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 wfl.teft of service 'lIas 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. (eJ) 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. (Ei1) Effect of order to cease activity. When anf' rder to cease activity has been issued, posted and/or served pursuant to this section, it is unlawful for an person to whom the order is directed or any person with actual or constructive knowledge of the order t conduct the activity or perform the work covered by the order, even if the order to cease activity has bee~ appealed, until the enforcement officer has removed the copy of the order, if posted, and issued written I uthorization for the activity or work to be resumed. Violation of an order to cease activity constitutes a isdemeanor punishable by a fine of up to $1,000, or imprisonmcRt for up to ninet)' (90) days, or both. addition a moneta enal shall accrue for each da or ortion thereof that a violation of an order t cease activi occurs. in the same amounts as under FWCC 1-17( e ). In addition to such criminal or mon penalties, the city may enforce the order to cease activity in accordance with FWCC 1-21 below, an enforce it in superior court. (Ord. No. 99-342, 9 3, 5-4-99) i I SECTION 8. Chapter 1, Article III, Section 1-171 of the Federal Way City Code is hereby amended to I I read as follows: i 1-17 Notice of violation and order to correct. (a) Issuance. Whenever the enforcement officia~ determines that a e-i-vi-l violation has occurred or is occurring, heIsfte he or she may issue a notice of violation and an order to correct ("notice and order") tc the property ovmcr or to any person c;using, allowihg ftftdfor participating in the violation. including the property owner. The notice and order issued purs$nt to this section represents a determination that a violation of this Code has been committed. This det~rmination is final and conclusive unless appealed as provided herein. i (b) Content. The enforcement official shall inclu~e the following in the notice and order: (I) 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 sufflicient for identification of the building, structure, premises, or land upon or within which the violation ~as occurred or is occurring; (3) A description of the violation and a ifeference to that provision of a city development regulation which has been violated; I (4) A statement of the action required to ~ taken to correct the violation as determined by the enforcement official and a date or time, not less thap three days after service of the notice and order. by which correction is to be completed; i (5) A statement that the person to whom the notice and order is directed must: a. Complete correction of the violation b the date stated in the notice; Of b. Appeal the notice and order as provid d in FWCC 1-19; or c. Enter and com I with a volun co ection a eement with the Ci . and (6) A statement that, if sooh the violation is ot corrected 8ftd the notice and order is not appealed, a volun correction a ment is not entered or c lied with or a hearin examiner so orders or the rson does not com I with a hearin examiner's rder a monetary penalty in an amount per day for each violation as specified by FWCC 1-17( e) shal accrue against the person to whom the notice and Oed. 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~elivering it personally; or-Rj By mailing a copy of i! the order to eorrcct '.iolation by registered or certified mail, postage prepaid, return receipt requested, to such person at fl.i.sI.fteF 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 ~xecuted 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 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 amount of the A monetary penalty shall accrue for each peF 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 of the 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 f-olloYls: (I) First violation, $100.00; (2) Seeond ';iolation, $200.00; (3) Third ';iolation, $300.00; (4) Additional violations in excess 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 punishable by a fine of up to $1,000, or imprisonrncftt for up to ninety (90) days, or both. In addition to such criminal penalties, the city may cnfor{)e the notice aRd order in accordance with F\VCC I 20 llRd I 21, and/or eRforee it in superior court. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 9. Chapter I, Article III, Section 1-18 of the Federal Way City Code is hereby amended to read as follows: Oed. No. , Page 9 1-18 Voluntary correction agreement. (a) GeneraL Prior to the issuance of a notice and order under F'.\'CC 1 17, or in lieu thereof, v;bcn When the city determines that a violation of an ordinancc has occurred, the city may enter into a voluntary correction agreement any person causing, allowing. or participating in the violation. including the property owner. v..hcrcin tbe person(s) responsible for the violation or the owner(s) of property on wkich the ...iolation has occurred or is occurring agrccs to abate the violation 'within a specified time period and accordiRg to specified conditions. A voluntary correction agreement may be instead of, in lieu of, or in coniunction with a notice and order under FWCC 1-17. (b) Contents. A voluntary correction agreement shall be in writing, signed by the personw responsible for the violation and/or the oVlncr(s) of property on which the ,..iolation has occurred or is ocourring and an enforcement official, and shall contain substantially the following information: (I) The name and address of the person responsible for the violation and/or the OVfflcr of property on which the violation has occurred or is occurring; (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 of the 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 ov.mcr(s) of property on "..kick the violation bas occurred or is occurring 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 owncr(s) of property on 'Nhich the violation has occurred or is occurring 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 thc owncr(s) of property on which thc violation has oGcurred or is occurring waives the right to a hearing before the examiner under this article regarding the matter of the violation, any penalty, andIeF required corrective action; and (8) A statement that failure to comply with the terms of the agreement shall constitute a misdemeanor punishable by a fine not to exceed $1,000 and/or imprisonment fur not more than ninety (90) 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 personw responsible for the violation andJor the o'.'mer(s) of the property on .....kick the violation has occurred or is occurring and an enforcement officiaL (d) Penalty for noncompliance. Violation of the terms of the a voluntary correction agreement sltall constitute ~ a misdemeanor punishable by fine not to cxcced $1,000 and/or imprisonment for not more than ninety (90) days. Further, the city may enter the property, abate the violation, and recover all costs and expenses of abatement in accordance with the provisions of this chapter. (Ord. No. 99-342, S 3, 5-4- 99) SECTION 10. Chapter 1, Article III, Section 1-19 of the Federal Way City Code is hereby amended to read as follows: 1-19 Appeal to hearing examiner. (el) General. /'1 person to whom 8:ft order to cease activity or a notice and order is directed may appeal the order to cease ooti'lity or notice aad order to the bearing examiner. The person appealing may Oed. No. , Page 10 appeal either the determination that a violation exists, the amount of any m08etary penalty imposed, the corrcctiyc action ordered, or all three. (b) How to appeal. A person may appeal an order to -cease activity or notice and order to the hearing examiner by filing a written notice of appeal with the city clerk within 14 calendar days from the date of service of the order to cease activity or notice and order. specifYing what issue is being appealed. The person appealing may appeal either the determination that a violation exists. the amount of any monetary penalty imposed, the corrective action ordered. or any combination thereof. The city may also request a hearing before the hearing examiner to assess costs. modifY previous orders. or to enter other orders as needed. The appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of$lOO.OO, which is refundable in the event the appellant prevails on the appeal. The filing fee is waived in cases where the city reguests the hearing. (eZ) 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 effect of the filing of an appcal of an order to cease activity shall be as provided in FWCC 1 16( d). (Ell) Hearing. Notice of and hcariRg before the hearing examiner. (+!!) 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. (;!h) Notice of hearing. a. Contcnt. The clerk shall cause a notice of the appeal hearing to be posted OR the pmpcrty that is the subject of the order to cease activity or notice and order, and mailed to the appellant and property owncrs located 'within 300 feet of the property that is the subject of thc violation. The notice shall contain the following: @. The file number and a brief description of the matter being appealed. ~ A statement of the scope of the appeal, including a summary of the errors alleged 2nd the findings and/or legal conclusions disputed in the appeal. (ili}J-: The date, term and place of the public hearing on the appeal. ~ 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 subiect 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 subiect 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 in either or both of the following ways: (i}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. (ii}lr. 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 of the 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 city Ilfld the appcllllflt may participate as parties in the hearing and each may call 'Nitnesscs. The appellant shall have the burden of proof by a preponderance of the evidence that a violation has not occurred, that the amount of monetary penalty assessed was not in compliance with the Code F'NCC 1 17( c ), or that the corrective action ordered is unnecessary to cure the violation. (6) Electronic sound recording. The hearing examiner shall make a complete electronic sound recording ofthe public hearing. Oed. No. , Page Ii (11) Continuation of the hearing. The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hcariag room, no further notice of that hearing need be given. (e1) Decision of hearing examiner. (+i!) 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. (~b.) Affirmance. If the hearing examiner determines that the appellant has not so proven by a preponderance of the evidence, the hearing exall1iner shall affirm the order to cease activity or notice and order, shall affirm the amount of an)' monetary penalty imposed by the order to cease activity or notice aRd order, aRd shall affirm the corrective action ordered. (~) Modification. If the hearing examiner determines that the mORctary penalty '.vas not calculated in compliancc "..itk FWCC 1 17(e), or that the corrective action ordered was unnecessary to cure the violation~ the examiner may modify the penalty amount flRd/or the abatement corrective action required depending on the determinations of the examiner. specifies of the violation as found 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}lr. Whether the appeal was frivolous; . (iji}e-, 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; (iy}4: Whether the applicant exercised reasonable~ aad timely. good faith effort to comply with the applicable development regulations; or (y}e:- Any other relevant factors. In modifYing a monetary penalty under this sectioR, the hearing examiRer shall impose, at a mlOlmum, the monetary penalty set forth in FWCC 1 17( e), for each separate section of tile Code violated, and as determined by reference to the applicablc number of violations (first, seCORd, third) at ~ 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. (~) 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 subiect to the procedures of RCW 7.16. (hl) 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 PlHlishable b)' a fiRe of not more thaR $1,900 ar up te Riftety (90) days imprisoRment, or both. In additioRte cnmiaal pooishmeRt fHlrsuantte this subseetioR, the city may pursue collection ami abateHlCnt under FWCC 1 20 aoo I 21. (Ord. No. 99-342, S 3, 5-4-99) Oed. 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 monetary Any monetary penalty imposed under this Code constitutes a personal obligation of the person in violation. to '.vhom the notice aad order or order to ecase activity 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, on behalf of the city, 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. (I) 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, S 3, 5-4-99) SECTION 12. Chapter I, 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) ,^.batemcnt by violator. In the abscaee of afl. appeal, aRY ~ required abatement shall be executed ia the maRllcr and means specifically set forth iR the notice and order to correct aad/or the voluntary correctioR agreement by the person(s) rcsponsiblc fDr the violation. fb) ill Abatement by city. The city may perform the abatement required upon noncompliance with the terms of: (1) ,^.n an unappealed notice and order~.L~ ~ voluntary correction agreement~, or f-B--A ~ final order of the hearing examiner. The costs shall be billed to thc pcrson(s) obligated to perform the work under FWCC Ll1(b)(6), the voluntary corrcction agreement, or hearing examiRer deeisioR, as applicable. (I) 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 personW 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 respQnsible 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. (e~D 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 ftft ~ notice and order to correct, voluntary correction agreemen~ or order of the hearing examiner issued Oed. No. , Page 13 pursuant to this chapter. A violation of this provision shall constitute a misdemeanor punishable by a fine of not more than $5,000 per day or up to six months imprisonment, or both. (d:!:) 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 forth in subsection (b)(2) of this section, the enforcement otl'icial 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 provided in FWCC I 17(b)(6) at least five days prior to the hearing before the city council. (;!l!) 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. (~) 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 iniunctions. 6f-thi.s Code, unless otherwise prceludcd by law. (l) In addition to, or in lieu of the provisions of this chapter, the city may, at its option, turn the matter over to collection or commence a civil action in any court of competent jurisdiction to collect for any such charges incurrcd by thc city, to obtain compliance pursuant to this chapter, and/or to collect any penalties that have been assessed. (2) The city may, at its option, seck injunctive or other civil relief in supcrior court regardiRg any Code violation. (Ord. No. 99-342, ~ 3, 5-4-99) SECTION 13. Chapter I, 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 chapter the more specific provision shall control. (Ord. No. 99-342, S 3, 5-4-99) . SECTION 14. Chapter I, Article III, Section 1-23, of the Federal Way City Code shall be amended to read as follows: Oed. 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," rcspecti'lely, 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 dcsigRated as infractions or as penalties except those provisions that are either specifically designated as crimes, specifically indicated as not being e-WH 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 $250.00, 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, including all futl.lrc amendments. revisions, additions, or deletions, 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, S 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 25 Ci"i1 violations designated as ei"il infraetions. (a) If, after investigatioR or after the complaint of residents or others, the enforcement officer has probable calise to believe that a civil violation has occurrcd or is occurring, as defined by FWCC 1 15, he/she may issue a civil infraction pursuant to FWCC 1 21 to the property o\vner or to any person causing, allowing and/or participating in the violation. (b) ^ civil infraction issued pursuant to FWCC I 24 rcprcscnts a determination that a civil violation has beeR com.mitted. This determination is final and conclusive unless contested as provided iR Chapter 7.80 RCW. (c) Each ai'lil infraction shall carry with it a monetary penalty of $100.00 for the first 'liolation, $200.00 for a second violation of the same nature or a cORtiRuing violation, and $300.00 for a third or subsequent violation oftnc same natl:lre or a cORtinuing 'liolation. (d) Nothing iR this section shall preclude criminal prosecutioR 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). AU violations of this chapter or the codes adopted under this chapter are herby determined 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 Oed. No. , Page 15 [Title J 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. In addition to any other penalty. a violation of any provision of this chapter is a civil infraction under FWCC 1-24. Notwithstanding any provision to the contrary, civil cnforcement of the provisions of this article and the terms and conditions of any peonit or approval issucd pursuant to this articlc shall be governed by Chapter 1 FWCC, Article 11(, Civil Enf-orccment of Codc. Civil enf-orccmcnt is in addition to, and does not limit any other forms of enforcement a',1ailablc to thc city including, but not limited to, criminal sanctions as spccificd herein or in Chapter 1 FWCC, ,^.rticlcs II, III, nuisance and injunction actions, or other civil or equitablc actions to abate, discontinue, correct or discourage unlmvful acts in violation of this articlc. (Ord. No. 99-342, S 6, 5-4-99) S.ECTION 18. Chapter 5, Article II, Section 5-42, of the Federal Way City Code is hereby repealed as follows: 5 42 Enfareement (administratian). Notwithstanding any provisiofl to the contrary, civil cnforcement of the provisions of this articlc and the terms and eonditioBs of any permit or approval issued pursuant to this article shall be governcd by Chapter 1 FWCC, Article 1II, Civil Enforcement of Code. Civil eflforccmcnt is ifl addition to, and docs flOt limit aBY other forms of eBforcemcnt available to the city including, but not limited to, criminal sanctiofls as specified herein or in Chapter 1 FWCC, Articlcs II, III, nuisance and injunction actiofls, or other civil actions. COrd. No. 99 312, ~ 6,5 1 99; Ord. No. 01 165, ~ 1,105 04) Editor's note Ordinance No. 01 165, ~ 1, adopted October 5, 2001, delcted ~ 5 42 and renumbercd ~ 5 43 as a flew ~ 5 42. Formerly, such section pertaincd to permits and derived from Ord. No. 90 33, ~ 33, 2 13 90; Ord. No. 92 113, ~ 15,6 16 92; Ord. No. 95 231, ~ 1,6 6 95. SECTION 19. Chapter 5, Article V, Section 5-92, of the Federal Way City Code is heeeby repealed as follows: S 92 Enfar~ement (plumbing eade). Not\.vithstaflding any provision to the contra')', civil enforccmcnt of the provisions of this article and the terms and conditions of any permit or approval issued pursuant to this article shall bc gO'lcmcd by Chaptcr 1 F'HCC, Micle III, Civil Enforcement of Code. Ci'lil enfOrcement is in addition to, and docs not limit any other forms of enf-orccment availablc to thc city including, but not limited to, criminal saftetions as specified herein or in Chapter 1 FWCC, Articles II, III, nuisance and injunction actions, or other ci'.'il or equitable actions to abate, discontinue, correct or discourage unlawful acts in 'liolation of this article. (Ord. No. 99 312, ~ 6, 5 '1 99) SECTION 20. Chapter 5, Article VIII, Section 5-218, of the Federal Way City Code is hereby repealed as follows: 5 218 Enfereement. The building official is charged "'lith the duty of cnforcing this article and determining whether or not the provisions afld requirements of this artielc ha',1e been complied with. Civil enforcement of the provisiofls of this article and the terms and cOftditions of any permit or approval issued pursuant to this artiele shwl be gO'/cmed by Chapter I FWCC, .^.rticlc III, Ci'/il Enforcement of Code. Civil enfor-eement is in additiafl to, and does not limit afty other forms of enfor-eement &yailabkl to the city including, bHt ftot limited to, crimiool sanetions as specified herein or ift Chapter I FWCC, Articles II, III, ftuisanee and Oed. No. , Page 16 injunetiofl actions, or other ci'lil or equitable actions to abate, discontinue, correct or discourage uala',vful acts in ',iolation of this article. SECTION 21. Chapter 8, Article IV, Section 8-124, of the Federal Way City Code is hereby repealed as follows: 8 124 Civil enfat"eemeBt. Notwithstandiflg any provision in this article or in any code adopted hereunder to the coatrary, civil enfor~cment of the provisions of this article and the tcrms and conditions of any permit or approyal issued pursuant to this article shall be go-;crned by Chapter 1 FWCC, .^.rticle III, Civil Enfor~emcnt of Code. Ciyil cflforccmcnt is in addition to, and does not limit any othcr forms of enforcement ayailable to the city including, but flOt limited to, criminal sanctions as specified herein, nuisance and injunction actions, or other civil actions. (Ord. No. 90 51, ~ 19,1 1790; Ord. No. 92 117, ~ 13,62392; Ord. No. 99 340, ~ 7, 5 1 99) SECTION 22. Chapter 10, Article II, Section 10-29, of the Federal Way City Code is hereby repealed as follows: to 29 EBfat"eemeBt. Ciyil cflfDfccment of the pro';isions of this chapter shall be goycmed by Chapter 1 FWCC, Article III, Civil Enforcement of Code. Civil cnforcemcnt is in addition to, and docs not limit any other forms of enforcement ayailable to the city ineluding, but Rot limited to, criminal sanctions as specified herein or Chapter I FWCC, .^.rticlcs II, III, nuisaRce and injunction actions, or other civil or equitable actions to abate, discontiflue, correct or discourage unla'.yful acts in violation of this ckapter. For seCORd and subscqueRt yiolations of the pro'lisions of this chapter, the person shall also be guilty of a misdemeanor and Npon conviction shall be punished as provided in FWCC 1 13. (Ord. No. 90 37, ~ I(D), 2 2090; Ord. No. 99 312, ~ 7,5 1 99) SECTION 23. Chapter 11, Article III, Section 11-53, of the Federal Way City Code IS hereby repealed as follows: 11 53 RespaBsibility faF vialatiaB. AnyoRe concerned in the violatioR of this article, ....;hcther directly committing the act or omitting to do the thiRg eOflstituting the offeflse, or who aids or abets the same, shall be a principal under the terms of this article, and may be prosceut-ed and have the Code enforced against him or her as such. (Ord. No. 91 82, ~ 1(1)(C), I 891; Ord. No. 99 312, ~ 8, 5 4 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 reeulatioDs. EBfat"eemeBt. The director or designee has the authority to adopt rules and regulations to carry out the provisions of this article fchapterl and has the authority to administer and enforce this article fchapter] and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article [chapter) 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) fJl traffic violations committed ',vithin any park, including those involving motorizcd foot scooters afld similar devices, shall be subject to the penalties and provisions prescribed in Chapter 15 FWCC, Traffic and Vehicles. (b) Ci,,'il enforcement of the provisions of this article shall be governed by Chapter I FWCC, i\rticle III, Civil Enforcement of Code. Civil enforcement is in addition to, and does Rot limit, any other forms of enforcement available to the city including, blit not limited to, criminal sanctiofls as specified herein or in Chapter 1 F'NCC, ^rticlcs II, III, nuisance and injunction actions, or other ci',il or equitable actions to abate, diseofltiRue, correct or discourage unla'.yful acts in violation of this article. (c) Conviction of a violation of or failure t-o comply '<'lith the provisions of this article shall also constitute a misdemcanor and shall be punished as provided in F'.VCC 1 13, except for violations of provisions that cOflstitute gross misdemeanors, conviction of which shall be punished by a fine not to exceed $5,000 or imprisonment iR jail not exceeding one year, or by both such fine and imprisonment. (Ord. No. 91-82, S 1(l)(D), 1-8-91; Ord. No. 99-342, S 8, 5-4-99; Ord. No. 04-464, S 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: (I) Using abusive or disruptive language or engaging in conduct that disrupts a park facility or program. (2) Directing ethnic or offensive remarks at another person based on such person's actual or perceived race or ethnic group, nationality, religion, disability, sex or sexual orientation.. (3) Using tobacco products in an unauthorized area or facility. (4) Causing injury or risk of injury to another person or persons. (5) Causing damage or risk of damage to city property. (6) Violating any provision of this article. (b) The director or designee may order the expulsion of any person from any park for a period of seven days to one year if such person: (1) Has been expelled from the park two or more times in any 30-day period. (2) Causes injury to another person. (3) Sells, possesses or uses alcohol or illegal drugs. (4) Possesses or uses any weapon. (5) Commits more than one violation of this article in any 12-consecutive-month period. (c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to the person expelled at his or her last known address or delivered in person. (d) The director or designee may forward the written notice of expulsion along with the certified mail receipt to the 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) AllY pcrsofl '/lho eRters a park during a period dMfiRg which he or she has Been expelled under subsection. (a) or (b) of this section is guilty of violating this article and will be subject to the enfor-oemcnt in FWCC lLi1.. (Ord. No. 91-82, 9 I(1XE), 1-8-91; Ord. No. 01-396, ~ 2, 7-3-01; Ord. No. 01-404, 9 1, 10-2-01) Oed. 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. W 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 [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. is hereby authorized and directed to admiflister the collection afld disposal of all solid waste in the city, and to enforce the provisions of this chapter. The dir'Cctor is authorized to prepare any implementing regulations necessary for the development and implcmcfltation of a 'Ioluntary garbage collection program \vith rccyeling rates imbedded to encourage participatiofl by residential generators of solid waste. (b) Civil enforcement of the provisions of this article, as against all persons other than authorized service providers, shall be governed by Chapter I FWCC, ;\rticle III, Civil Enforcement of Code. Civil enforcemeat is ifl addition to, and does not limit any other forms of enforccmcflt available to the eity ifleluding, but not limited to, criminal sanctions as specificd herein or in FWCC I 13, nuisance and injl:tfl.ction actiofls, or other eivil or equitable actioRs to abate, discontinue, correct or discourage unlawful acts in violatiofl of this article. EnfDrcement of the provisioRs of this article and chapter against al:lthorized scrvice providers shall be as provided by the applicable service agreement and as otherwise proyidcd by la'...., including but not limited to criminal sanctions as specified hcrcin or in FWCC I 13, nuisance afld injunction aetioftS, or other civil or equitable actions to abate, discontinue, correct or discourage unla...lful acts ifl '/iolation of this article. (Ord. No. 91-124, S 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. ,'\flY violation of this provision by a person shall subject the person to penalties described in FWCC lLll. (Ord. No. 02-411, S 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 (chapter] 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 (chapter] or any such rule or regulation. is authoriz-cd to cflforce the provisions of this article, aHd any rules and regl:llations promulgated herel:tndcr. (Ord. No. 90-50, S 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 aud Enforcement. The City Clerk or designee has the authority to adopt rules and regulations to carry out the provisions of this article [chapter] 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 article [chapterl 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 [chapter] 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 article [chapter] 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 [chapterl 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 article [chapter) 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 2S-J Civil eoforeemeot (right of way vegetation). Oed. No. , Page 20 Ci',il eflforeement of the provisiofls 0f this article and the terms and conditions of any permit or approval issued pursuant to this article snail be governed by Chapter 1 FWCC, Article III, Ciyil Enforcement of Code. Civil eflforcement 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 injuflction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unla\','ful acts in ',iolation of this article. COrd. No. 99 312, ~ 4, 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 person convicted of a violation of any provision of this chapter shall be punished by a fine in a sum Rot to exceed $500.00. Each day of yiolatiofl shall be cOflsidered a separate offense. (Ord. No. 99-335,96,2-16-99) 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 power, and it shall be his or hor duty, from time to time, to adopt, publish llfld enforce rules and r'ClgulatioAs flOt incoflsistcflt with this chaptcr or \'lith the law for thc purpose of carrying out the pro';isions thereof, aRd it is uRlawful to violate or fail to comply with any stich rule or regulation. (Ord. No. 02-432, S I, 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 po\ver, afld it shall be his or her dl:l1)', from time to timc, to adopt, publish and cRforcc rules aod rcgulatioos Rot inconsisteflt '/lith this chapter or ',vith the law for the purpose of carryiRg out the pro';isiofls of this article thereof, and it is ufllawful to ',iolate or fail to comply with aRY such rule or regulation. (Ord. No. 95-257, S I, 12-19-95; Ord. No. 96-262, S 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 Oed. No. , Page 21 more than $250.00; provided, however, where any law, rule, or stafute provides for any maximum penalty, the aCfual 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, S 2,1-19- 93; Ord. No. 94-207, S I, 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 IV, Section 15-81, of the Federal Way City Code is hereby repealed as follows: 15 81 Penalty fur violations. Ualess aflothcr peaalty is expressly proyided by law, aay person fOURd to have committed an act which '1iolates the provisions of this article, shall be guilty of a traffic infractioR and shall be pUflisned by a peflal!)' offlot more than $250.00. (Ord. No. 90 46, ~ 5,3 2090; Ord. No. 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: 15 151 Penalty fur .,iolation. Unless otherwise provided, any person 'liolatiRg any of the provisions of this division shall be guilty of a traffic infraction, punishable by a maximum fiRe of $250.00. (Ord. No. 90 69, ~ 2, 7 18 90) SECTION 41. Chapter 15, Article V, Section 15-167, of the Federal Way City Code is hereby repealed as follows: 15 167 PeBalty for violatioB, ViolatioR of this diyision is a traffic iRfraction, and shall be puaisflcd b)' a pt1Ral!)' of $250.00. (Ord. No. 90 35, ~ 6, 2 20 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 dcpartmeflt 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 Oed. No. , Page 22 to violate or fail to comply with any provision of this article or any such rule or regulation. shall be responsible for implcmcntiflg this article, the CTR plan, and the city's CTR program for its o'un employees. The public 'tvorks dircctor shall ha','c the authority is authorized to issue sHch rules and administrative procedures as arc necessary to implement this articlc. (Ord. No. 93-164, S 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 Penal~s; Scooter safety school. (a) ,'-flY person violatiflg aflY provision of this article shall be guilty of a traffic infraction and shall be punished by the imposition of a monetary penalty not to exceed $250.00, exclusi';e of statutory assessments; provided, that conduct that cOflstitutes a crimiflal traffic off-cnse may be charged as such and is subject to the maximum peBaltics allo'Ncd for such offenses. (b) Scooter safety school. (I) In addition to the other means of enforcement provided in this article, a scooter safety school is hereby authorized to be administered jeffitIy by the police department and the departmeBt of parks, recreation and cultural services as a diversion program available to those who violate the provisions of this chapter for the first time. (2) The purpose of the scooter safety school is to offer those who have violated the provisions of this chapter for the first time instruction, education, and information regarding the proper, lawful, and safe operation of scooters and similar devices, including but not limited to the state motorized foot scooter regulations in RCW Title 46, the rules of the road, and the limitations of persons, vehicles, and bicycles on roads, streets, and highways under varying conditions and circumstances. (3) The police department and department of parks, recreatiofl and cultural services shall charge a fee to scooter school participants for the purpose of reimbursing some or all of the cost of administering the scooter school. The amount of the fee shall be as established or amended by the city council by resolution. Participants in the scooter school shall remit said fee to the management services department in accordance with the procedures established by the 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 responsible for the cflforccment of the pro';isiofls of this divisioB. (Ord. No. 91-90, S 9, 3-19-91; Ord. No. 99-342, S 10,5-4-99) SECTION 45. Chapter 16, Article n, Section 16-39, of the Federal Way City Code is hereby repealed as follows: 1(, 39 Civil eowreemeot. Ci',il eftforecment of the pro'/isiens of this divisiofl shall be governed by Chapter I FWCC, Article III, Ci'/il Eftforeemeftt of Code. Ci',il enforticment is in addition to, and does not limit 8:fI.J other forms of eflforeemcnt wlailable to the city iflcluding, bHt not limited to, crimiaal s8fl.etions 85 specified hereift and in Chapter I FWCC, Articles II, III, rl\:Jisance and injunction aetiofls, or other ai'/it or equitable aetiofts to Ord. No. , Page 23 abate, discontinue, correct or discourage unlawful acts iR violation of this division. (Ord. No. 91 90, ~ 8, 3 1991; Ord. No. 99 312, ~ 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. fa) There is hereby created and established the surface water management utility of the city under which the provisions of this aFttele subtitle shall be carried out. The public works department director or designee has the authority to adopt rules and regulations to carry out the provisions of this article f subtitle] and has the authority to administer and enforce this article [subtitle] and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article [subtitle] or any such rule or regulation. (b) The utility herein created shall be administered by the public works director. (Ord. No. 90-32, S 2, 2-13-90) SECTlON 47. Chapter 17, Article II, Section 17-28, of the Federal Way City Code is hereby repealed as follows: 17 28 Civil penalty. In addition to, or as an alternative to, any other pCRalty provided in this article or by law, aRY person who 'Iiolatcs any provision of any busincss liccnse ordinance shall be subject to a civil penalty in an amount not to exceed $250.00 per violation to be directly assessed by the director. The director, ia a rcasoRable manner, may 'lary the amount of thc penalty assessed to consider the appropriatcRcss of thc pcnalty to the size of the business of the ',iolator; the gravity of the violation; the Rumbcr of past and present violations committcd and thc good faith of the violator in attempting to achicvc compliance aftcr Rotification of the violatioR. ,A.II civil penalties asscssed will be cnforccd and collcctcd in aeeordaacc with the procedure sflceificd under this article. (Ord. No. 90-27, S 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 enforcement. Not..."ithstanding the existcncc or use of any other remedy, the director may seek legal or equitable relief to enjoiR any acts or practices which. constitute or will constitute a violation of any business license ordinance or other rcgulations adopted in this article. (Ord. No. 90-27, S 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. (a1) 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. (b1) 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 Oed. 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 [Title] and has the authority to administer and enforce this article [Title) and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article rTitle] or any such rule or regulation. (Ord. No. 90-40, S 1(20.40.10, 20.40.20),2-27-90; Ord. No. 04-468, S 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 rTitle] and has the authority to administer and enforce this article [Title) and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article [Titlel or any such rule or regulation. (Ord. No. 90-38,9 1(24.10).2-27-90; Ord. No. 98-323, S 3, 12-1-98; Ord. No. 99-355, S 3, 11-16-99) SECTION 5l. 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 authoeity to adopt rules and regulations to carry out the provisions of this article [chapter] and has the authority to administer and enforce this article (chapter] 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 [chapter] or any such rule or regulation. shall be responsible tOr implementiflg and cnforciflg this articlc and adopting pwccdures to implement this article, including making determinations regarding concurrency and issuing capacit), rcscrvc certificates (CRCs) according to the procedures iR this article. The director's determination of concurrency and the issuance or non issuance 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, S 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" 6f 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 ameRdmcnt thereto, shall be guilty of a gross misdemeanor punishable by a fiRe of Rot more than $5,000 for each offense. Each stteft violation Ord. No. , Page 25 involving a sale, offer for sale, lease or traflsfcr of each separate lot, tract or parcel of land shall be deemed ~ a separate and distinct offense; provided, however, 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 in 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....isiofl of the local subdivision regulations, or any term or condition of plat approval prescribed for the plat by the local government, then the prosecuting attorney, or the attorney general if the prosecuting attorney shall fail to act, the City may commence an action to restrain and enjoin such use and compel compliance with the provision provisions of this chapter or the local wgulations, or ..vith such 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 be subject to a fine of not more than $5,000 or imprisonment for not more than 90 days or both. (61) 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 local rcgulations 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 local regulations adopted pursuant 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 (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. In the altcrnativc or, to the extent allowed by law, ifl addition to the remedies prescribed in this section, the city, through its authorizcd agents, may pursue any other enforcement authorized by law. commcncc an action to enforce this chapter, any local subdivision regulation or aflY term or condition of plat approval prescribed by the city council, accordiflg to Chapter I FWCC, Article III, Civil Enforccmeat of Code. Civil enforcement is ifl addition to, and docs Rot limit any other forms of enforcement a';ailable to thc city including, but not limited to, criminal sanctions as specified in this section and in Chapter I FWCC, Articles II, III, nuisancc and Injunction Actions, or other civil or equitable actions to abate, discontinue, correct or discouragc unlawful aets in ....iolation of this chapter, any local subdivision regulation or any tcrm or condition of plat approyal prescribed by the city council. The city may also commence an action to restrain and cnjoin violations of this chapter or of any term or condition of plat approval prescribed by the city, and/or to compel compliance with the provisions of this chapter, or with such terms or conditions. ill the event such action is commenced, the costs of such action may be taxed against the violator. (Ord. No. 90-41, S 1(16.460.10, 16.460.20),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-342, S 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]. may approve. conditionally approve or deny an application for regulated activities. 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 (Titlel or any such rule or regulation. or his or her designee shall administer this chapter, and shall havc the authority to develop afld adopt administrative procedures to administer and cnf{)ree this chapter. (Ord. No. 99-352, S 3, 11-16-99) SECTION 54. Chapter 21, Article II, Section 21.14, of the Federal Way City Code is hereby repealed as follows: 21 14 Review aDd appro\'al authority. The director, or his or her dcsigtlce(s), may approyc, conditioflally approve or deny afl application for regulated activities under this article. (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 EufoFeement. . The director shall enforce this article, and the terms and conditions of any application, permit or approval for regulated activities gafltcd under this article, using Chapter 1 FWCC, Article III, Chril EnforecmcRt of Code. Civil cflf-orcemeRt is in addition to, and docs Rot limit, any other forms of enforccmcflt available to the city includiflg, but not limited to, criminal sanctions as specified hcreia or in Chapter 1 FWCC, f\rticles II and III, nl:liSaRCC and injunction actions, or other civil or equitable actions to abate, discontinl:le, correct or discourage unlav..ful acts in violation of this chapter. (Ord. No. 99 3 52, ~ 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. (I) Activities. All activities regulated by this llfti€.le chapter (Title], 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, preconstruct ion; 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 designeeEsj 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 necessary 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. Oed. 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 (Title]. (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 30 IRspeetioR program. (a) Program~ The director shall develop and implement a program and procedures for the regular inspection of all public and private stofffl.\vater facilities in Federal 'Nay. As part of that program, or \vhenevcr there is probable cause to believe that a 'liolation of this chapter or article has been or is being committed, the director (or his or her designated inspector) is authorized to inspect all public and private portions of the stormwatcr drainage s~'stems withifl Federal Way dl:lring regular 'Norking hours afld at other reasonable times to determine compliancc with the provisions of this chaptcr. (b) Schedule. ,^.s part of the inspection program, the director shall establish a master inspection and maintenance schedule. Inspections shall be annual, at a minimum. Critical storm'Nater facilities may require a more frequent inspection schedule. If, during an inspection, a facility is found Rot to be in compliance '.vith the standards described in the Federal Way Storm'Nater System Operation and Maintenance Manual, all subsequent inspection and maintenance intervals shall be scheduled more frequently if determined by the director to be neccssary in order to assure future compliance. If, during the course of the inspection program, additional existing stOfffl.'Nater facilities arc discovered, they shall be added to the master inspcction and maintcnancc schedule. (Ord. No. 99 352, ~ 3, II 16 99) SECTION 58. Chapter 21, Article III, Section 21-31, of the Federal Way City Code shall be amended to read as follows: M-;H 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 (title] 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 ground waters, as well as all public and private portions of the stormwater drainage systems within Federal Way. to determine compliance with this chapter [title]. 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. (l) 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. Oed. No. , Page 28 (4) The inspector may also inspect the storm water 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 final 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, S 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. (aD Records for new facilities. Records of new public or private stormwater facilities shall include the following: (+~) As-built plans and locations. (~h) Findings offact for any exemption granted by the city of Federal Way. (~) Operations and maintenance requirements and records of inspections, maintenance actions and frequencies. (4Q) 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, S 3, 11-16-99) SECTION 60. Chapter 21, Article III, Section 21-33,ofthe Federal Way City Code shall be amended to read as tollows. ~ 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, theresourccs needed to comply with the schedule, and comparisons with previous years. (Ord. No. 99-352,93, 11-16-99) Oed. No. , Page 29 SECTION 61. Chapter 21, Article III, Section 21-34, of the Federal Way City Code is hereby repealed as follows: 21 34 EBfereellleBt. The director shall enforce this article using Chapter 1 FWCC, .^.rticle III, Civil Enforcement of Codc. Civil enforcement is in addition to, and does Rot limit, any other forms of enforcement available to the city including, but not limited to, criminal sanctions or other remedies as specified herein or in Chapter 1 FWCC, Articles II aRd III, nuisance and injunction actions, or other civil or cquitable actions to abate, discontinue, correct or diseourage uRla'Nful acts in violation of this chapter. (Ord. No. 99 352, ~ 3, 11 16 99j SECTION 62. Chapter 21, Article IV, 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 AKAR T 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 storm water 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 storm water or groundwater. (92.) 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 identity by title the official(s) responsible for implementing the enforcement procedures. (c) Inspections. The director may observe BMPs or examine and/-or sample surface and stormv.ater or ground'Niltcr as often as may be necessary to determine compliance 'with this chapter. The director or his or her designee is further authorized, as set forth in FWCC 2.LlQ and 2lJl, to enter in or upon any public or private property for the purpose of inspecting and iRvestigatiRg conditions relating to the pollution of or the possible pollutiON of surface and/or ground\vatcrs. Whenever an onsite inspcction of a 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 thc conclusion of the invcstigatioR and completion of the inspection findings. (dl) 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. (0) ERforeement. If the director determines that a "iolation has been committed, the director shall cRf{)ree this article usiRg Chapter 1 F'NCC, L\rticle III. Civil EnforeemeRt of Code. Civil enforeemcBt is iR additioB to, and does Bot limit, &BY other [-oms of e8foreemeRt &"/ailable to the city ineludiBg, but Bot limited to, erimmBI saaetioBs or other remedies as specified hereiB or iB Chapter 1 FWCC, f.rtieles II aftd Oed. No. , Page 30 III, Nuisance and Injunction actions, or other ei'.'il or cquitable actions to abate, discontinue, COIT'Cct or discourage uBlawful acts in violatioB oft8is chapter. (4) G) Summary abatement. In additioB to the remcdics specified by Chapter 1 F\l/CC, :\rticIe III, Civil Enforcement of Code, whcnevcr Whenever any violation of this article causes or creates a condition, the continucd 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 sllmmary 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, S 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. Violation:> of the proyisioRS of this article by failure to comply ','lith any of its requirements (including violatiofls of conditiofls and safeguards established in conncetiofl v:ith conditions) shall bc cflforced by the director pursuant to Chapter 1 PNCC, Article III, Civil Eflforcemcflt of Code. Ch'il enforcement is in additiofl to, and docs not limit, any other forms of eflforcemcnt available to the city including, but not limited to, criminal sanctions or other remedies as specified herein or in Chapter 1 FWCC, Articles II and III, nl:lisaflcc and injunction actions, or other civil or equitable actions to abate, discontinue, correct or discourage unlav.ful acts ifl violation of this chapter. (c) Summary abatement In additiofl to the remedies specified by Chapter 1 FWCC, Article III, Ciyil Enforcement of Code, whcncver Whenever any violation of this article causes or creates a condition,.the continued 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 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: (I) 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. Oed. 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, S 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: (I) 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 herein shall constitute misdemeanors subject to criminal prosecution, punishable as set forth herein. This chapter is also subject to ci'lil cnforcement, as set forth hcrein. . (b) CrimiBal eBforecmcnt. UpOR convictioB of aB unlawful act ufl:dcr or violation of tRis chapter, the property OWBcr or other person may be pl:mished by a fifl:e of not more than $1,000 or imprisoned for Rot more thaa Bincty (90) days or botll for each day or part of a day duriag 'Nhich the unla....ful act or violation occurs. The property owner or other person may also be ordered to discontinue the unlawful act or correct the violation. Criminal enforcement is in additioR to, and docs not limit any other forms of enforcement available to the city includiRg, but not limited to, civil enforcement as speeificd herein or Chapter 1 FWCC, Article III, nuisance and i~unction actions, or other civil or equitable actions to abate, discoatinue, correct or discourage uRlavlful acts in violation of this chapter. (c) Ci'/il cRf{)recmeRt. Civil cnforecmcnt of the provisions of this chapter aRd the terms and conditions of aR)' permit or appro'.'al issued pursuant to tllis cRapter shall be govcrned by Chapter 1 FWCC, I\rticlc III, Civil Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of enforcement a'/ailable to the city includiRg, but not limited to, criminal saRctions as specified herein or Chapter I FWCC, Artielcs II, III, f1:uisancc and iojuRction actions, or other civil or cquitable actions to abate, discofltinuc, correct or discourage uolawful acts in ',iolation of this chapter. (Ord. No. 90-43, S 2(175.45), 2-27-90; Ord. No. 99-342, S 5, 5-4-99) SECTION 65. Chapter 22, Article II, Section 22-101, of the Federal Way City Code is hereby repealed as follows: 22 101 Ceoeral resp6osibility. The department of community development is responsible for the general administration of tRis chapter. The city manager sllall appoint a director of tllat dOllar-moot and other staff members as is appropriate for the admioistr-ation of this chapter. (Ord. No. 90 43, ~ 2(170.50), 2 27 90) 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 cany out the provisions of this chapter [Title 1 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 city manager shall appoint a director of that department and other staff members such as a planning official as is appro:riate. and ma: grant them In addition to the authority granted to the department of cOmmuflity dcYel~pm nt, the dirccto of community development, and the plaRfling official by this chapter, they shall have whatever additional authority and duties as needed arc grafltcd to them by the city manager, consistent with state and city law. (Ord. No. 90-43, S 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 community development shall use, [oHm'" and enforce these materials as if they were part of this chapter. (Ord. No. 90-43, S 2( 170.60), 2-27-90) SECTION 68. Chapter 22, Article U, Section 22-121, of the Federal Way City Code shall be amended to read as follows: 22-121 Code enforcement officer - Duty Authority to investigate. 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, S 2(175.25(1)),2-27-90) SECTION 69. Chapter 22, Article II, Section 22-122, of the Federal Way City Code shall be amended to read as follows: 22-122 Code enforcement officer- Entrance on private property. If the code cnfDrcement officer enters upon Prior to entering private property to investigate potential violations of this chapter, the !! code enforcement officer, insofar as practicable possible before cfltering upon private 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, S 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 ZOBiBg eitation. (a) The code enforeement officer may seck issuance of a zoniBg citation iB either of the followiBg cireuffistaftecs: (1) There is a violation of a posted order to cease activity. Oed. No. , Page 33 (2) If, after the time specified in the notice of ';iolation, the acti'lity, conditions, structure, or use cited in the notice of violation still docs flOt conform to this chapter. (b) The citation will be issued to the owner of the property, the occupant or person in charge of the property and an)' other person causing or allowing the activity, condition, structure or l:lSC to exist or OCCl:lf. The issuance of a citation initiates criminal prosecl:ltioR of the violation. (Ord. No. 90 43, ~ 2(175.40), 2 27 90) . SECTION 71. Chapter 22, Article II, Section 22-129, of the Federal Way City Code is hereby repealed as follows: 22 129 Civil enfareement. The code enforcement officer shall caforcc the provisions of this chapter and the terms and conditions of afl)' permit or appro'lal issued pursuaRt to this chapter as set f{)rth ifl FWCC Rll. (Ord. No. 99 312, ~ 5, 5 4 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 rt9.190.0701 Application of Zonine: ree: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 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. Oed. No. , Page 34 (c) Admiflistrative fee. Abatement. In addition to the abatement authority provided by proceedings under Chapter I 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) Civil cflforecment. Civil ellforcemeat of the provisioas of this article and the terms and eonditions of any permit or approval issued pursuaNt to this article shall be governed as set forth belo'...., and by Chapter I FWCC, Artiele III, Civil Enforcement of Code. Civil enforcement is iR addition to, aNd does not limit aflY other forms of enforcement ayailable to the city includillg, but not limited to, criminal saflctioRs as specified hereiN or Chapter I FWCC, Articles II and III, fluisance and injunction actions, or other eiyil or equitable actions to abate, discontinue, correct or discourage unlav.{ul acts in violatioR of this articlc. (c) Reserved. (f) 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) Abatement by the city. (I) L^.UthOrity to remove sigH. As part of any abatemcflt actiofl under Chapter I FWCC, Artiele III, the eity or its ageats may cater l:lpon the su~cct property and cause any sigH '""hick violates the provisioRs of the sigH code to be removed at the expense of the OVlNer, tcmant, lessee or occupant, either joiRtly or severally. In addition to the abatcmcnt authority provided by proceediflgs under Chapter I PNCC, L^.rticle III, the city or its agents may summarily remove any sign placed on a right of way or public property iR violatiofl of the terms of this article. Reco','cl)' of costs for removal of aft)' sigHS as provided herein shall bc as provided in Chapter I FWCC, f.rticle m. (Ord. No. 95-235, S 4, 6-6-95; Ord. No. 99-342, S 5, 5-4-99; Ord. No. 05-486, S 3, 4-19-05; Ord. No. 06-523, S 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 F ederal 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 Oed. 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 of this 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 ClTY OF FEDERAL WAY MA YOR, JACK DOVEY A TIEST: CITY CLERK, CAROL MCNElLL Y, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTNE DATE: ORDINANCE NO.: K:\2008 Code Amendments\Code Re-organization\Planning Commission\Code Enforcement authority+procedure.doc Oed. No. . Page 36 COUNCIL MEETING DATE: December 2nd, 2008 ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: An Ordinance Addressing Amendments Relating To Definitions In The Federal Way City Code POLICY QUESTION: SHOULD THE CITY COUNCIL PASS AN ORDINANCE ADDRESSING AMENDMENTS RELATING To DEFINITIONS IN THE FEDERAL WAY CITY CODE? COMMITTEE: Land Useffransportation Committee MEETING DATE: Nov. 17th, 2008 CATEGORY: D Consent D City Council Business STAFF REpORT By: AARON [8J Ordinance D Resolution DEPUTY CITY ATTORNEY D D Public Hearing Other DEPT: Law Staff is finalizing the reorganization of the Federal Way City Code into the Federal Way Revised Code. During the process Staff has discovered a number issues relating to definitions including opportunities to simplify definitions; correct typographical errors, citation errors, modify organization; eliminate redundancies; consolidate definitions; move regulations to regulatory sections; add cross references; and make definitions more consistent with state law and other provisions. Concurrently with this ordinance staff will present a resolution on the re-codification of the Code. Both of these will be presented to planning commission and each Council Committee. Attachments: Staff report, Ordinance. Options Considered: 1. Recommend approval of the Ordinance and forward to the full Council on December 2nd. 2. Modify the proposed Ordinance and forward to the full council for first reading. 3. Do not approve the proposed Ordinance. ..----..-.-..---.-.---.-..-.--..--.-.--..--..........--..--.-.------..-.--.---..--..-..----..---.--.---....---.....-.-.---.---------- STAFF RECOMMENDATION: Approve Option 1. CITY MANAGER APPROVAL: ~ Co Ittee DIRECTOR APPROVAL: P A1L Committee Council COMMITTEE RECOMMENDATION: Committee Chair Committee Member Committee Member PROPOSED COUNCIL MOTION: "1 move to forward the ordinance to a second reading for enactment on the January rfh consent agenda". (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: o APPROVED o DENIED o T ABLED/DEFERRED/NO ACTION o MOVED TO SECOND READING (ordinances only) REVISED - 02106/2006 COUNCIL BILL # 1 ST reading Enactment reading ORDINANCE # RESOLUTION # 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 f-ollowiftg vlOms, terms aHd phrases, '.'I-Reft used ifl this divisioft, shall have the mCafliftgs ascribed to them ifl this section, except vmere the CORtex:! clearly indicates a different meaniflg: 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 pursuant to proooss I of Chapter 22fWCC, ZORing. Oed. No. . Page I Fire detection system shall mean means a heat aftdfor smoke detection system monitored by a central aftdfor remote station conforming to the current requirements of the National Fire Protection Association standards andJ.er..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 andJef the fire chief or designee. Life safety/rescue access shall mean means an unobstructed access to all floor levels and each roof level ofa building on not less than 20 percent of the building perimeter by utilizing a 35-foot ladder~~ An alternate method \vould be 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 II, Article III, Section II-51, of the Federal Way City Code (FWRC 4.05.010) shall be amended to read as follows: 11-51 [FWRC 4.05.010} Definitions. The fDlIowing words, terms and phrases, 'Nhen used in this article, shall ha'le the meanings ascribed to them in this section, except where the context clearly indicates a diff-crent meaning: The definitions in this section apply throughout this article [chapter] 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 city director of the parks~ afld recreation. and Cultural Services department or a designated employee of the parks that department. ~Park: shall mean and include includes any aU public parks, public squares, golf courses, bathing beaches~ QLafld play and recreation grounds within the city limits, regardless of ownership,; and also includes ~ aU city sports fields. or any aad city leased or rented school or private property when the same arc being used for recreation. (Ord. No. 91-82, S 1(IXB), 1-8-91; Ord. No. 01-396, S 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 '.'lords, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context dearly indicat-cs a different 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 city holdiflg thc 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. Ancillary disposal providers must provide a legitimate service other than garbage collection and disposal services equi-..alent to those proyided by a city contract-cd service provider. 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 Oed. 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 of Federal 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, mbbish, 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: (I) 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 of RCRA; 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) <'\.fI.)' substance that after the effective date of the contraet with the service pro'lider comes withifl. the scope of this definition as determined by the eit),. Likc'l.'ise, aRY substaRcc that attcr the effective date of the contraet .....ith the service pro'lider ceases to fall withifl. this definition as determined by the o it), shall Rot be deemed to be hazardous ','fflste. Uncontaminated waste motor oil put out for collection by residential customers for recycling is not shall flet be deemed 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 Interlocal 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. Oed. 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 pcrsoR, firm, partRcrsnip, associatiofl, iflstitution or corporation. The term shall also mean the occl:lpant and/or the owner of afl)' premiscs for which scrvice mentioned ia this chapter is rcadcrcd, or eligible or entitled to be served. 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. Public street means a public way used for public tra','cl, iRcluding public 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 nonpaper 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. Oed. 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, ~ 2, 3-16-93; Ord. No. 02-411, ~ I, 1-2-02) SECTION 4. Chapter 12, Article m, 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, ~ 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 clearly 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 occupying. 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. Oed. No. , Page 5 Smoke or smoking means the carrying or smoking of any kind of lighted pipe, cigar. cigarette or any other lighted smoking equipment. COrd. No. 90-36. 9 L 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 by t~e 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 any 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, Articl.e II, Section 13-26, of the Federal Way City Code is hereby repealed as follows: 13 26 Defioitioos. The following "'lords, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaniflg:~ Director of public '+Yorks shall include any person contracted \"ithlby the city to perform the required revic't'ls and services on behalf of the city. Exteflded right of way use permit shall mean a pcnnit authorizing the use of the city right of ',yay for a dcsignated purpose and for a period of time exceeding onc year in duration. bimited right of way use pcrmit shall mean a permit authorizing the use of the city right of w~. for a designated purpose and for a period of time limited to one year or less. (Ord. No. 90 50, ~ 1,1 3 90) SECTlON 7. Chapter 13, Article m, Section 13-71, of the Federal Way City Code is hereby repealed as follows: 13 71 Definitions. The following 'Nor-ds, terms and phrases, whefl uscd in this di'lision, shall have the meaniflgs ascribed to . them in this section, except ""here the context clearly indicates a different meaning: Ci!)' building shall mean any building or portion thereof, ovmcd or lcased by the ci!)' and includes all areas of a buildiflg O'>'lncd or leased by the city in its entire!)', including but not limited to ele'lators, restrooms, waiting areas, hallways, lobbies, reception areas, council chambers, lunchrooms afld employee offices. Smoke or smoking shall mean the carrying or smoking of any kind of lighted pipe, cigar, eiglH"ette or any other lighted smoking equipment. (Ord. No. 90 36, ~ 1, 2 20 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 fElllowiag words, terms aDd phrases, wften used ia this article, shall ftw.'c the meaniBgs ascribed to them ia this section, except where the context elclH"ly indieates a different mcaniflg: The defiaitions iathis Oed. No. , Page 6 seetion apply throughout this article uflless thc context clearly requires othcfV;ise. Terms not defined here are defincd aecordiflg to FVlCC 1 2. "Owner of an interest in ~rcal estate" means the mvners of any fcc title, mortgagors, afld contract vendees. (Ord. No. 91 107, ~ 1(13.1),9391) SECTION 9. Chapter 13, Article V, Section 13-121, of the Federal Way City Code is hereby repealed as follows: 13 121 Definitions_ The following words, terms and phrases, 'Nhen used in this article, shall have the meanings aseribcd to them in this sectioR, except ....,here the CORtcxt clearly indicatcs a different meaning: The definitions iR this sectiofl apply throughout this article unless thc context clearly requires otherwise. Terms not defined here are defined according to FWCC I 2. ',A.cti'/ity' meeflS parades, fUns, walks, proeessions, marches, races, block parties, demoflstrations, exhibitiofls, rallies, and other similar short term private uses of public right of way '.vhich do not in'lol-/e the significant physical disturbance ofthc public right of '.vay. 'Block party' mcens an e-/cnt that includes the elosure of a dead end public 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 pHrpOSC of this article and uRlcss the contcxt plainly reql:lires otherwise, the follovliflg t-crms shall have 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 FWRC 4.03.010 or in FWCC 1-2 in that order. (1) Abutting property means all property having a frontage upon the sides or margins of any public right of 'Nay. (2) Cl:lrb means a cement, eOflercte or asphaltic concrete raised structure designed to delineate the edge of the str-cct aRd to separate the 'lchicular portioR from that provided for pedestrians. (3) City mcans the city of Federal Vlay, a Washington municipal corporation. (1) City council meafts the eity of Federal Way council acting in its official capacity. (5) Director means the director of the eity of Federal Way public ......odes departmcnt or his or her designee. (6) FWCC means the Federal Way City Code adopted by the city council. f71 ~Maintenance: means the removal and disposal of debris, litter, vegetation, snow and ice from sidewalks. (8) Occupant means a person V.'RO is occupying, controlling or possessing real property, or his or her agent or representative. (9) OWflcr means a perSOfl who has legal or equitable title to real property, or his or her agent or rcpresefltati'lc. (10) Person means a person, firm, associatiofl, partnership, corporation or ifldividual. (II) Public right of way means the land owned, dedicated or conveyed to the pl:lblic or a unit of govcrnmeRt, providing for the movement of ','chicles, wheelchair and pedestrian traffie, access to abutting property, the location of l:ltilit)' lines, drive....'&)'s, appurtenances and other facilities beflefitting the public. (12) Sidevlalk mcaflS all hard surfaced '.valbvays within publie rights of way in the area between tflc street margin and the read-llfty, ineludiflg drive'Nays. (13) Street means afty street, read, Boulevard, aveflue, alley, laae, 'Nay or place, or any portion thereof. (Ord. No. 93-188, ~ 1,9-21-93) Oed. No. , Page 7 SECTlON II. 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 purpose of this article and unless tile context plainly requircs otherwise, the follO\\'ing terms shall have the follo,....ing mcaniflgs: 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) ,"-butting property means all property having a frontage upon the sides or margins of any public right of way. (2) j\pplicant means any person filing a right of 'Nay pcrmit application. (3) City moans the city of Federal '-Vay, a \Vashington municipal corporation. (4) City couRcil means the city of Federal Way council acting iR its official capacity. (5) Curb means a ccmeRt, CORcretc or asphaltic concrete raised structure dcsigned to delineate the edge of the street aRd to separate the vehicular area of the public right of 'Nay from the area pro';idcd for pedestrians. (6) Director means the director of the city's public works department or his or her designee. (7) Emergcncy means a condition of imminent danger to the health, safety, and welfare of property or persons located ......ithin the city iflch:lding, without limitation, fallcn braflChes or falleR trees '.vithiR public rights of 'Nay, or damage to vegctation from flatural conscqueRces, such as storms, earthquakes, riots or waFS-; (8) FWCC means the Federal Way City Code adoptcd by the city council. (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) Occupant means a person 'Ilho is occupying, controlling or possessing real property, or his or her agent or representative. (II) Owner means a pcrSOR who has legal or equitable titlc to rcal propert)', or his or her agent or rcpr-cseatati ve. (12) Person meaRS 11 person, firm, associatiofl, partnership, corporation or individual. (13) Ptiblic right of 'Nay means the land o'NRcd, dedicated or conveyed to the public or a uRit of gO'lCrnmeRt, providing for the mo';ement of vehicles, whcclchair and pedestrian traffic, access to abuttiRg property, the location of utility lines, appurteRaaces and other facilities benefitting the public. (14) Removal means the act of cutting dovm or removing any vcgetatioR, or causiflg the cffecti'lc removal through damaging, poisoning or other direct or indirect actions resulting in the death of vegetation. (15) Replacement vegetation means 'legetation of equal species, size, quality and number to that .....hich has been removed in conformance ","ith the right of 'Nay vegetation plan. (16) Right of vlay vegctation plan means the plnn adopted by the city containing the standards aRd specifications which prescribe the vegetation to be plaRtcd, maintained, preserved, or replaced withiR the city's public rights of 'Nay, the methods for planting, trimming, pruning and othcr maintenance activities, and the o'lerall planting plan for the city. (17) Side\valk means that property betwceR the curb and the abutting propcrt)', set aside and iRteRaed ['Dr the primary use of pedestrians but may include mixed uses such as pedcstriaas and bicyclists, improved by pa';iRg with cement CORcrctc or asphaltic coaercte, iReluding all driveways. (18) Street means any street, road, boulevafd, alley, lane, 'lift)' or place, or any portion thereof. (19) Street trees means aay trees loeated on an-y street or public right of way. Oed. No. , Page 8 ~:~! :r~~~g me..., die .e""" ~ut!i"!;. of the lap ar a 'keet!roe ..saki"!; ~ ::::. be)': ~ ::: ;~l:~ ~~ t~r::r~:"Afl ~~ ~~~~re eutt~llg '.",Inch removes a substantial portlOfl of to n I can " s the street tfee, and reduces the heIght. (21) Vegetation means all trees, plants, shrubs, groundcover, grass, and othcr vegctation. (Ord. No. 93- 187, S 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. ~r ;~~ ~~~~s: of this article and unless the contcxt clearly requircs otherwisc, the follov.ing terms have the followiflg meaniflgs: 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. (l) 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. ~ 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. (4) Alternative work schedules means programs such as compressed work weeks that eliminate work trips for affected employees. ---fB 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 moans the city of Federal Way. --f7) Commute trips means trips made from a worker's home to a worksite with a regularly scheduled arrival time of 6:00 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. (II) 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. Oed. 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 (SOY) means a motor vehicle occupied by one employee for commute purposes, including a motorcycle. (24) Single-occupant vehicle (SOY) trips means trips made by affected employees in SOVs. (25) Single worksite means a building or group of buildings on physically contiguous parcets 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, and phrases, 'when used in this chapter, shall hayc the meanings ascribed to them ia this section, except where the context clearly indicates a different 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 public safety. Director means the director of the Federal Way police department of public safety. DWLS 1 means RCW 46.20.342(l)(a) or as hereafter amended. DWLS 2 means RCW 46.20.342(1)(b) or as hereafter amended. DWLS 3 means RCW 46.20.342(1)(c) or as hereafter amended. Local ordinance means any ordinance or statute enacted by any town, city; municipality or county regardless of what state the ordinance or statute is enacted in. NVOLlNo valid operator's license means RCW 46.20.005 or as hereafter amended. Penalties, fines, and forfeitures mean monetary obligations in addition to costs of removal, towing and storage of the vehicle. (RCW 46.55.110). Registered tow truck operator means the towing company awarded the contract for performance of impounds pursuant to FWCC 15-228(a), ifthe 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 12:. 228(b) to tow and impound vehicles. Registered to'N truck operators shall hold a valid city of Federal Way business license and be registered with the state of Washingtofl pursuaflt to Chapter 16.55 RC\l/. (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. A ward 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. Oed. No. , Page II (1) 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 f{)lIov/ing words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicatcs a different 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. Basin plan means shall meafl. 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 mean any parcel altered from the natural state by the construction, creation or addition of impervious surfaces. Impervious surface means shall mean 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 of land use codes. Maintenance means shall mean 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 mean 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 mean 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 shull meun 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. Storm water control facilities means shall mean 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 storm water management system means shall mean the system comprised of storm water control facilities and any other natural features which store, control, treat and/or convey surface and stormwater. Undeveloped parcel means shall mean any parcel which has not been altered from its natural state by the construction, creation, or addition of impervious surfaces. (Ord. No. 90-32, S 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 city adopts by reference The following provisions of the , as now existing or amendea, the basic requircmeflts of the Washington Administrative Code are adopted by reference: applying to the-State Enviroflmcntal Policy Act process as follows: (I) 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. Oed. 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. (0) 197-11-720. Categorical exemption. (1) 197-11-721. Closed record appeal. (32) 197-11-722. Consolidated appeal. (33) 197-11-724. Consulted agency. (4) 197-11-726. Cost-benefit analysis. (5) 197-11-728. County/city. (36) 197-11-730. Decision maker. (37) 197-11-732. Department. (8) 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, ~ 1(20.20), 2-27-90; Ord. No. 04-468, ~ 3, 11-16-04) Oed. 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 Additional definitions. Definitions. In addition to those definitions contained '.vithin WAC 197 11 700 throl:lgh 197 II 799 as now existing or amcflded, when used ifl this article the follo'Ning terms shall have thcsemeanings, unless the eontcnt indicates 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 through WAC 197-11-799 or in this section are defined according to FWCC 22- I or 1-2. in that order. Critical aquifer recharge area shall mcan areas in which .....Mer reaches the zone of saturation by surfaee infiltration. These areas are hydrogeologically susceptible to cOfltamination aAd contamination loading potential including but not limited to Sl:lch areas as sole ',vater source aquifer recharge areas, speeial protection groundwater management areas, ...,cllhead protcetiofl areas, and other areas with a critical recharging effect on aquifers used fur potable ""ater. Department shall mean any divisiofl, subdiyision or organizational unit of the city cstablished by ordinanec, rule or order. 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. Gcologieally hazardous areas shall mean areas that, because of their susceptibility to erosion, landslidiflg, seismic or other geological e....ents, arc not suited to siting commercial, residential or industrial developmcnt cOHsistcnt '/lith pl:lblic health or safety concerns. Geologically hazardol:fs areas include the follO'.ving areas: (I) Erosion hazard areas arc those areas having severe to vel)' SC'iere erosiofl hazard due to natural agents such as 'Nind, raifl, 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 iflc1uding but flOt limited to the following areas: a. i\Ii)' area with a combination of: 1. Slopes greater than 15 percent; 2. Permeable sediment (predominately sand and gra'/et) overlying relath'ely impermeable sediment or bedrock (typie-ally silt 8:fI.d clay); 8:fI.d 3. SpriflgS or graUflEF.vater seepage. b. Any area whiehhas shown mavement duriRg the Heloc0n0 epoch, from 10,000 years ago to the present, or '.'..hieh is underlain by mass '.vastage debris of that epoch. Oed. No. , Page 15 c. ,^.ny area potcfltially unstable as a result of rapid stream iflcision, stream baRk erosion or under-cutting by 'Nave action. d. I\OY arca locatcd in a ravine or on an active alluvial fan, prescntly or potefltially subject to inundation by debris flovis or flooding. e. Thosc areas idcRtified by the United Statcs Departmcflt of I\griculture Soil COflscrvation Service as having a se'/ere limitatioll for buildiflg site devclopment. f. Those areas mapped as Class U (unstable), UOS (ullstable old slides), aRd URS (uflstablc reeeftt slides) by the Department of Ecology. g. Slopes haviRg gradieRts greater than 80 perceflt sl1bject to rockfall during seismic shaking. (3) Seismic hazard areas are thosc areas subject to severe risk of earthquake damagc as 11 resl:llt of seismically iRduced ground shakiRg, slope failure, settlcmeflt or soil liqHefaction, or surface faultiRg. These cOflditions occur in areas underlain by cohesion less soils of 10'N deRsit), usually in association '....ith a shallow groundviater table. ( 4) Steep slope hazard areas arc those areas ,,;ith a slope of 40 pereeRt or greater afld with a vertical relief of 10 or more feet, a vertical rise of 10 feet or more fDr every 25 feet of horizontal distaflcc. A slope is delineated by established its toe and top and measured by a'leragiog the incliRation ovcr at least 10 feet of vertical relief. Regulated lakes shall mean WctlaRds Nos. 8 21 4 26, 7 21 4 71, II 21 3 9, 14 21 3 2, 14 21 3 5, 13213 12,9211 38, 1721 455,2021 4 57, and 20211 61 as shO'.vn iR the Junc 19, 1999, city of Federal Way final 'NetlaRd in';entory report, except vegetated areas mcetiRg the dcfinitiofl of "regulated wetland" located around the margins of regulatcd lakes shall be considered regulated wetlands. State Environmental Policy Act rules means shall mean Chapter 197-11 WAC adopted by the DepartmeRt of Ecology. Stream shall meafl COHrscs or routes, formed by nature, including those modified by man, and generally consisting of a channel with a bed, banks or sides throughout substantially all their length, along '.vhieh surface waters flatumlly and normally flow in draiRiflg from higher to 10vICr clc';ations. /'. stream need Rot contain water year round. In a de';eloping setting, streams may run in culverts or may be chanRcled ifl a concrete, rock or other artificial cORveyaflce system. This dcfiRitioR is not meant to iReludc irrigation ditches, stormv.atcr facilities or other artificial '.vatcrcourses unless they arc used by rcsidcRt or anadromol:ls salmoRid fish, or the feature .,....as constructed to cOflvey natural streams which cxisted prior to cORstructioR of the v.atercoursc. Wellhead capture ZOfle ~ shall mean afl area in which gr-oundwatcr is calculated to tra'/cl to a pumping ..veil. Capture zones arc uSl:lally defined accordiRg to the time that it takcs for 'Natcr vvithin a particular zone to travel to a ',vcll. Calculated capture ZORCS usually oRly approximate actual capture ZORes as a result of assumptions required to cORduet the calculation. Wellhead protection area (WillA) ~ shall mean the surface and subsurface area sl:lrrouRdiRg a 'Nell or 'llellfield that supplies a public water sptcm through which coRtamiRants arc likely to pass and evcfltually reach the water wcll(s) as dcsigRatcd uRdcr the Fcdcral CleaR Water Act. Wetlands means those areas that are iRl1ndated or saturated by surface or grouRdwater at a frequcRcy and duratiofl sufficient to support, afld that under Rormal eircuffistaRces do support, a prcvaleRcc of vcgetation typically adapted for life in saturated soil conditions. Wctlaflds geRcrally include swamps, marshes, bogs and similar areas. The March 1997 Washiflgton State Wetlands Identification and DeliRcation Manual (DepartmeRt of Ecology publication No. 96 94) as set forth in VI AC 173 22 080, as it exists as of November 1, 1999, or as subsequently ameRdcd, .vill be used for ideotificatiofl aRd delineatioR of.vetlands within the city. Although a site specific 'Nctland may flOt meet the criteria described above, it '.viti be considered a regulated 'Netland if it is fuoctionally related to aoothcr ',vetlaRd that meets the criteria. Regulated wetlaods means: (I) Those ';lctlaflds, as deseribed below, ''''flieh fall inte ORe or more of the f-ollowiRg categories: a. Category I 'Netlands meet ORe of the following criteria: Oed. No. , Page 16 1. CORtaiR the preSCRce of species Of doeumeRted habitat rccogaizcd by state or f-cdcral agencies as cfldangcred, threatcned or potentially extirpated plant, fish or animal species; or 2. Contain the prescncc of plant associations of il1frcqucnt occurrel1ce, irreplaceable ecological fURctioAs, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature forcstcd wetlands, ground'.vater e}(change areas, significant habitat or unique educational sites; or 3. Ha'le three or more wetland classes, one oh'lhich is OpCR '.vater. b. Category II wetlands are greater than 2,500 square f-cct in area, do not exhibit the characteristics of Categof)' I wetlands, and meet one of the follovling criteria: I. ,^.rc cOfltiguous with ,>vater bodies or tribMtarics to 'liatcr bodies which l:lHder normal cirill:lmstanccs coatain or support a fish population, includiflg streams 'Nhcrc flO'li is intermittent; or 2. ,^.re greater than ol1e acre in size in its entirety; or 3. ,^.fC less thafl or equal to one acre in size in its catifcty and have t\.vo or more .../ctlaRd classes, with neither class dominated by flOI1 native in'lasive species. c. Category III wetlands are greater !hafl 2,500 square feet in area and do not exhibit those characteristics of Category I or II v.'ctlands. (2) See definition of "regulated lakes." W orkiRg day shall mean a day UpOfl '"hich the city is open for busiaess. Other references to days refer to calcadar days. (0..4. No. 90 40, ~ 1(20.30),22790; Ord. No. 91 105, ~ 5(20.30),82091; Ord. No. 04 168, ~ 3, 11 16 01) SECTION 18. Chapter 18, Article II, Section 18-116, of the Federal Way City Code is hereby repealed as follows: 18 116 DefiBitiaBs AdaptiaB by refereBee. The city adopts by refcreflec the f{)llowing sectioflS of Chapter 197 11 W f\C as no'l>' existing or amended, afld as supplemented in this chapter: (1) 197 11 700, Defiaitions. (2) 197 11 702, ,\ct. (3) 197 11 701, Action. (1) 197 II 706, Addendum. (5) 197 II 708, Adoption. (6) 197 II 710, Affected tribe. (7) 197 11 712, Affecting. (8) 197 II 711, ,\gency. (9) 197 11 716, Applicant. (10) 197 11 718, Built cw;ironmcnt. (11) 197 II 720, Categorical exemption. (12) 197 11 721, Closed record appeal. (13) 197 11 722, COflsolidated appeal. (11) 197 II 724, ConsMlted ageRcy. (15) 197 11 726, Cost beflcfit analysis. (16) 197 11 728, CouRty/-city. (17) 197 11 730, DecisioR maker. ( 18) 197 II 732, DepartmeRt. (19) 197 11 734, Determination of nonsigaifieaace. ,(20) 197 II 736, Determinatiofl of sigaifieance. (21) 197 II 738, En-viroftffieRtal impaet statement. (22) 197 11 740, EWliroRmcnt. (23) 197 11 742, En'liroflfftefttal checklist. Ord. No. , Page 17 (24) 197 11 711, Eflvironmcntal document. (25) 197 II 7'16, Eflvironmental review. (26) 197 II 750, Expanded scoping. (27) 197 II 752, Impacts. (28) 197 II 754, Incorporation by reference. (29) 197 11 756, Lands covered by'.vater. (30) 197 II 758, Lead agency. (3 I) 197 11 760, Liceflse. (32) 197 II 762, Local agency. (33) 197 II 764, Major action. (34) 197 11 766, Mitigated dctermiAation ofnonsignificancc. (35) 197 11 768, Mitigation. (36) 197 11 770, Natural environment. (37) 197 II 772, National Erl'iironmental Protection ,'\gency. (38) 197 11 77 4, Nonproject. (39) 197 II 775, Open record hearing. (-10) 197 11 776, Phased rcvicw. (4 1) 197 11 778, Preparation. ('12) 197 11 780, Private project. ( 4 3) 197 II 782, Pmbable. (11) 197 II 784, Proposal. (45) 197 11786, Reasonable alternativc. (16) 197 II 788, RcspoAsible official. (17) 197 II 790, State Environmefltal Policy ,^.ct. (48) 197 11 792, Scope. (49) 197 II 793, Scoping. (50) 197 II 794, Significant. (51) 197 II 796, State agency. ,(52) 197 II 797, Threshold dctcrmination. (53) 197 II 799, Underlying govcrnmcntal action. (Ord. No. 90-40, S 1(20.260),2-27-90; Ord. No. 04- 468, S 3, 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 othcf\\'ise defined ifl this chapter, the definitions contaiflcd in this chapter, Chapter 22 FWCC, Chapter 90.58 RC\V, and Chapter l..1l2Q WAC shall apply. 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 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: (I) 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 Aetualphysieal ooecss fr{)m land to the ordioory high .....ater mark or to the wetland directly abuttiflg the ordinary high water marle, such access being public access limited to specific groups of people or to certain regularly prescribed times; or Oed. 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 of the site. Access: public access means actual unobstructed access ayailable to the general public from land to thc ordinary high water mark or to the \vetland directly abl:ltting the ordinary high water mark. A verage 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; provided, that Q[, in the case of structures to be built over water, average grade level shall be 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 Oed. 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 primary characteristic a public recreational use, or-etheF ~ use facilitating public access to the shoreline as a primary characteristic of the HSC; or (b) as a general characteristic a use that provides fer-..recreational use or aesthetic e~oyment of the shoreline for a substantial number of people as a gcacral characteristic of the l:ISC and which through the location, design and operation assures the public's ability to enjoy the physical and aesthetic qualities of the shoreline. ffi order to qualifY as a water cAjo)'meAt use, the use must bc open to thc general public aad thc shoreline oricAtcd space 'Nithin the pr~eet must be devoted to the specific aspccts of the use that f'Ostcrs shoreline enjoyment. Primary water-enjoyment uses may include, but are not limited to, parks; and piers" and othcr improvements facilitating public access to shorelines of the state; and gcncral General water-enjoyment uses may include, but are not limited to, restaurants, museums, aquariums, scientific/ecological reserves, resorts and mixed-use commercial,; providcd, that where such uses conform to the above \-vater 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: (I) 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, ~ 3, 12-1-98; Ord. No. 99-355, S 3, 11-16-99) SECTION 20. Chapter 19, Article IV, Section 19-151, of the Federal Way City Code shall be amended to read as follows: 19-151 Definitions. For tae purpose of -this- article the terms, phrases, words and their derivations have the followiflg defiRitioRs. When not incoRsisteRt with the cORtext, \vords used in the prcseRt teRse include the future tense, words in the plural number iAcludc the siAgular number, and words in thc singular numbcr include the plural number. The \vord "shall" is always mafldatory. The word "may" is permissivc. 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. (I) 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) Applicant mcaAS a person '.",110 applies for a capacity rcserve certificate (CRC) undcr this article and who is the OYlOCr of the su~ect property or the authorized agcflt of the property O'Nncr. -f.31 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. (4) 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. --W Avai[able 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. --f81 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. --f91 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. (II) 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) Dc...elopmeAt aeti...ity means aAY ,york, conditioA, or activity which requircs a permit or approyal under the city's subdivisioA, zoning, or buildiflg code. Exempt permits arc set forth in FWCC [9 156. (11) Development approval means 'Nrittcfl authorizatiOfl from thc city authoriziAg the eommencement of dcvelopmcflt activity or HSC. (IS) De'lclopmcAt permit means any permit or approval uAdcr the city's subdivision, zoniAg, or building code that must be obtaifled before iflitiatiflg a use or development activity. (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 city of Federal Way or herlhis designee. ([ 8) 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 of the development activity less any allowable credit for existing activity that will be replaced, demolished or abandoned as part of the development activity. (20) OVlflcr means, in reference to real property, the person or persons holding fee title to the property as ',veil as the purehascr or purchasers uflder any real estate cOfltraet involving the real property. (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 defmed 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. -~ 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 SEPA 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, S l(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 following .'lords, terms and phrases, when used in this chapter, shall ha','e the meanings ascribed to them in this section, except '.vherc the context clearly indicates 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. Dedication means the deliberate appropriation of land by its owncr for general and public use or purpose, reserving no other rights than these that arc compatible with the full exercise and enjoyment of the pHblic use or purpose to whicR the property Ilas been devoted. Department means an administrative department of tile city 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 examiner means the hearing examiner operating pursuant to the powers and duties set forth by Chapter n. FWCC, Zoning. Issuance, 'NRen used '.'lith respect to a decision of the director of community dC'/elopmcnt services or a decision of the hearing 0)(amincr issued under this chapter, means the date that is three days after the date the ',','rittcn decision of the director or hearing examiRer is mailed. Proof of mailing shall be affidavit or by declaration under penalty of perjury. Issuance, when used ',vith respect to a city council decision made by ordinance or resolution 'NRile sitting in a quasi judicial capacity, means the date on 'Nhich the council passes the ordinance or resolHtion, as evidenced by the date of passage indicated on the face of thc ordinance or resolution. Lot means a parcel of laRd haviRg fixed boundaries described by reference to a recorded plat; a recorded binding site plan; by metes and bouRds; or by section, to'.vnship, and range; and be of sufficient area to meet minimum zoning requircmcRts. Lot line elimination means the removal of interior lot lines of two or more separate lots with contiguous ownership. Open record heariRg mCftlls a heariRg that creates the city's record of dccisioR [-or ftfl applieatioR or appeal through testimoRy ftfld submissioR of c'/ideRce and iRformatioR, under procedures prescribed by Oed. No. , Page 22 ~~~ .~~?,'s heariRg ~xa~iRcr or the €lity couRcil. :\fl OpCR record hcariRg may be held prior to the city'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 af 'Nay means laRd dedicated or eonycycd to the public or a unit of gO'lemment, the primary purpose af 'Nhich is the movement of vehicles and pedestrians and providing for access to adjacent parcels, ,....ith the secofloory purpose of pr-ovidiRg space for utility liRcs aRd appurtcmmces and other devices and facilities benefiting the public. 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 divisions 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-ovided, 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. 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 rcsubdivisioR of lafld except as pr-o'lided in this chapter ineluding divisions 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,-; pro'/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. WhCfl used ifl this chapter, the f-ollo\viRg worns, terms !tRd phrases shall have the mcaniflgs 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. Oed. 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 of the 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. AK,.\R T is an acronym for "all kROVlfl, available, and reasonablc methods of prevention, control, and treatmCflt." f\Y..J\RT shall reprcseat the most current methodology that can be reasonably reql:lircd for pre'lcating, coatfolling, or abating the polll:ltaflts a5sociated 'Nith a discharge. The concept of AKART applies to both poiat and Ronpoint SOl:lrccs of pollution. Applicant means a propert)' OVlfler or a public agef!cy or public or pri'latc utility which owns a right of 'Nay or other cascmcnt or has been adjudicated the right to such an easement, or any person or entity dcsignatcd or named in writiag by the propert)' or easement O'.mer to be thc applicant, if! an application for a dC'lelopmcflt proposal, permit, or appmval. Approval means the pmposed work or completed work conforms to this chapter in the opinion of the public works director. Aquifer means a geologic stratum containing ground..,vatcr that can be \vithdrmvn and used for human purposes. 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 "100-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 management practices (BMP) (BMP's) means thosc practices \vhich provide the best a';ailablc and rcasoRablc physical, structural, maRagerial, or behavioral activity to reduce or eliminate pollutant loads aRdJor concentrations lca'liflg 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. ChaRge ef use shall be aetermifled to have occurred wheR it is found that the geRcral ehMaeter of the opcfatioR has beeR modified. Oed. 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 21 FWCC any administrative rules and regulations adopted to implement 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 stormwatef 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 storm water 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 storm water 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. Developmcot means any activity that requires a permit or approval, including but not limited to a building permit, grading permit, shoreline substantial de'lelopment permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urbafl. planned deyclopmcnt, binding site plan, site dcvelopmeot, 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 parecl of land for a particular purpose. It docs not inelude fee ownership, but it may restrict the owner'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. Erosion means detachment and transport of soil or rock fragments by '.vater, wind, 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 ditferent 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 flood way 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. Oed. 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 practicefst-means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, as defined in Chapter 222 16 W.^.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 [and was historically used for agricultural purposes 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: (l) 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-:-+lte: 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. Ground..vater means vlater in a saturated zone or stratum beneatH tHe surface of land or bclo\.v 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), Oed. No. , Page 27 Chapter 173-200 WAC (Water Quality Standards for Ground Waters of the State of Washington), Chapter 173-20 I 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 of 25 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 storm water 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 under compared to natural conditions prior to development,; anclfeF 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. Common impervious Impervious surfaces include, but are not limited to, pavement. gravel. roofs, reef taps, walkways, patios, driveways, parking lots, eF storage areas, concrete, 6F asphalt pa'/ing, gmyel roads, packed earthen materials, aRd-oiled surfaces, macadam, eF and other surfaces which similarly impede the natural infiltration of surface atid or storm water runoff. Open, uncovered flow control or water quality treatments facilities shall not be considered impervious surfaces~ tsee See also "new impervious surtace"~. Improvement means those structures commonly provided when land is cOO'/crtcd from its natural to a dcvcloped statc. Examples include roads (with or without curbs or gutters), sidewalks, cross'.valks, parking lots, ',vater mains, sanitary and storm se'Ners, drainage facilities, street trees, and 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. Oed. No. , Page 28 Landslide means episodic downslope movement of a mass of soil or rock; 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: (I) 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 of the 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 of the 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 hard or compacted surface such as pavement, gra'/cl, airt, or roof:;, or the addition of a more impervious compacted 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. OmissioR mcaos a failure to act. Onsite means the site that includes the proposed development (see "site"). OFEiioary high. '.vater mark means the mark that '.viII be fO\:Jl'ta by examining the bed llfla banks of a stream llfla aseertaiRiog '.vhere the preSeRce llfla actioo of waters are so eommoo llfla usual, llfld so loag maintaioed in all oFEiioory years, as to mark upon the soil a charaeter distinct from that of the abutting upland, in r'Ospeet to vegetation. In ao)' area .,.,Alcre the ordinary high. 'water mark Cllr.Rot be [ouod, the line of mean high. water shall substitute. Jo afI.)' area whcr'O neither ellfl be f-ound, the ehaOfl.el bank shall be Oed. No. . Page 29 substituted. In braided channels and alluvial fans, the ordinary high '.vater mark or substitute shall be measured so as to iflclude 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 (including their agents or assigns), partnership, corporation, assoeiation, business, orgafli:mtion, cooperative, public or municipal corporation, or government agency, ho\\'evcr 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 rcprcscntatioFl of a subdivision sho'Ning the division of a tract or parcel of land iflto lots, blocks, streets, or other dh'isions afld 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. Such surfaces include those su~cct to vehicular use or for the storage of erodible or leachable materials, wastes, or chemicals, and which receivc direct rainfall or thc run on or blow in of 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. Thus, a Examples include covered parking area areas would be included 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 metal~ Metal roofs arc also considered pollution gcncrating impervious surface 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 means the mecting(s) and/or form(s) used by applicants for some dC'lclopment permits to present iflitial project intentions to the city of Federal Way. Preapplication does not mean application. Prcapplication adjustment means an adjustmcFlt that can be requcsted prior to permit applicatioFl. It is useful for 'Nnen an adjustment decision is needed to detcrmine if a project is feasible, or 'Nhcn the approval conditions must be known to determine if a project is viable before funding a full applicatioFl. The approval of prcapplication adjustments is tied by condition to the project proposal presented at a prcapplication meeting 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. O. 21-1.18 Definitions. R. Oed. 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 impervious redevelopment 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. Regulated lakes meftflS the follo'.ving \vetlands as shown in the King County Wetlands Inventory Notebooks, Volume 3 South: (I) Lmver Pugct Sound 6, 7, 12, 15, 16 and 17; (2) Hylcbos 2, 11, 13, and 16. Retention means the process of collecting and holding surface and storm water 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 storm water 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. Sedimeijt mcaflS fragmeRtcd material ',yhich originates from weathering and erosion of rocks or unconsolidated deposits, and which is transported by, suspended in, or deposited by '.'later. Scdimentatiofl meaRS the dcpositiRg or formation of sediment. Shoreline substantial development is defined shall be as defincd 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 il F'NCC. Short subdivision (also kno'.'ln as a "short plat") shall be as defined 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 land for which an applicant has or should have applied for authority from Federal Way to carry out a development activity, including any drainage improvements required by this chapter. This term is equivalent to the tcrm "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.....Q[-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 ftftdIor 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 storm water 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. ..vater originatiflg from rainfall and other precipitation that ultimately flows iflto drainage facilities, ri'.'ers, streams, pOflcls, lakes, and '.vctlands, or flo\'ls from springs and seeps, as .,vcll as shallow ground'Nater. 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. Storm water 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. Storm' water facilities arc clescribed in the storm'.vatcr management maflual. Stormwater System Operation and Maintenance Manual means the manual adopted by reference and prepared by the city of Federal Way. Stream means an area where surface watees produce a defined channel or bcd. 1\ defined cAaMel or bed is an area \vhich demonstrates clear e'.'idence of the passage of '""ater and includes, but is not limited to, beclrock ellannels, gravel beds, sand and silt beds, and defincd chanRel swales. The channel or bed need not contain '.vater year roufld. This definition is not meant to incluclc irrigation ditches, caflals, storm....'ater ruRoff devices, or other entirely artificial 'Natercourses unless they arc used by salmoflids or used to convey streams flaturally occurring prior to construction. Those topographic features that rcsemblc streams but have no defined channels (e.g., sV'lUles) shall be considered streams when hydrologic afld hydraulic analyses done pursuant to a de'lelopment proposal predict formation of a defined channel after dC'lelopment. Subdivision (also known as "plat") shall be as defined in Chapter W F'.VCC. Subject to '1ehicular use as used in the definition of pollution generating impervious surface, means a surface that is regularly used by motor vchicles, whether paved or not. Thc follov,'ing arc considered regularly used surfaces: roads, unvcgetated road shoulders, bike lanes 'Nithin the traveled lane of a road'Nay, drivewa:ys, parkiflg lots, unfenced fire lanes, diesel cquipment storage yards, and airport runways. The follovling are Rot considered regularly used surfaces: road shoulders primarily used for emergcRey parking, paved bicycle patlnvays, bicycle lanes adjacent to unpaved or paved road shoulders primarily used for emergency parking, fCflced fire lancs, and infrequently used maintcflance access roads. Surface water and stormwater means water storm..vater 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 Oed. 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. Wetland edge means the linc delineating the outer edge of a wetland established by usiflg the Federal Manual for IdentifYing and Dclineatiflg Jurisdictional Wetlands (January 10, 1989), jointly published by the U.S. Eflviroflmental Pr-otection Agcncy, the U.S. Fish and Wildlife Service, the U.S. f.rmy Corps of Engineers, and the U.S. Soil Conservation Service. \\'etlaflds means those areas that are inundated or saturated by surface or ground'.vatcr at a fr-equcncy and duratiofl sufficient to support, and that tInder normal circumstances do support, a prc'/alcnec of vegetation typically adapted for life in saturated soil conditions. Wetlands gencrally inehtde swamps, marshes, bogs, and similar areas. (U.S. Army Corps of Engineers Regulation 33 CFR 328.3 (1988)). Wetlands in Federal Way include all area waterward from the \vctland cdge. Where the vegetation has bccfl removed, a wetland shall be detcrmincd b)' the presence of hydric soils, as well as other documcntatiofl of the pre'/ious existence of wetland vegetatioR such as aerial photographs. This definition shall Rot conflict with Federal Way zoning code (Chapter II F'HCC). 21-1.24 Definitions. X. 21-1.25 Definitions. Y. 21-1.26 Definitions. Z. (Ord. No. 99-352, ~ 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 following words, terms and phrases, 'Nhen used in this article, shall have the meanings ascribed to them in this artielc, except where the context clearly indicates a differeRt mcafling. Unless specifically defined helm..., terms or plu-ascs used in this articlc shall be interpr-eted so as to give them the meaning they ha'le iR common usage and to gi'/e this article its most reasonable application. 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- L 21- L 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 Oed. 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 temporarv 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 teet 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" IOO-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. Development means any manmade change to improved or unimproved real estate, including but not limited to buildiflgs or other structures, mining, dredging, filling, grading, pa'v'ing, excavation or drilling operations or storage of eql:lipmcnt or materials locatcd v,'ithin the area of special flood hazard. 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 non basement 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 (FlS) means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-flood way 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 lo',vcst floor of the lowest enclosed area (including basement). except that where an Aft unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access, or storage in an area other than a basement area, is not cOAsidercd a building's lowest floor; provided, that SliCH enclosure is flet built so as to [(,",der the stf1:lcture in ',iolation of in compliance with the applicable non-elevation design requirements of this article f{)und at FWCC 21-113( I )(b )Jbe next lowest enclosed area is the lowest floor. (i. c., provided thcrc arc adcquatc flood ventilation openifl.gs). Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities,,-. The term "manufactured 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 of the 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: (I) 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 inch:ldes substantial improvement, and means the date the building permit was issued, provided where the actual start of construction, repair, reconstruction, placement or other improvement was ~ within 180 days of the permit date~ See also "actual start of construction. " The "actual start" means either the first placcmeAt of pcrmaAcnt cOflstructiofl. of a structure 08 a site, suc:;s ~~~ p~~:~g of slab or .footings, the installation of piles, the constructiofl. of columns, ~~;~~ ;~i~;'~~~~ the stage of cxca'latIon; or the placemc8t of a manufacturcd home on a fou I fl.. an c08~kuetio~ does not include land preparation, such. a~ clearing, grad~ng and filling; :~r ~:: i~:n~:~c ~~~:: ef slreats ...d,ler wal"~'ll}'s; aer dees ., ..e1ude aKeav'he. fer a base.. " , . , ;;;~;' ~ ~~~t~ns or the erection of temporal)' forms; Ror does it inelude the installati08 Ofl. ;;;; ~~;;e. f ~~~~~ry buildings, sUCH as garages or sheds Rot occupied as d'.velling units or not part of the main structure. Fo~ .a substantial impr{)'lement, tHe "actual stc~rt': of constructiofl.~ means the fir~t al:~:~~n ~f afl.)' '....,'a11, eetllRg, floor, or otHer structural part of a bUlldlRg, \vhether or not that alteratlOfI. . t e extemal dimensions of the Building. Structure means a walled and roofed building, including a gas or liquid storage tank that is principally above ground. Oed. 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, reconstruction, or improvement of a structure, including any repair or reconstruction. where the cost of whtclt the improvement equals or exceeds 50 percent of the market value of the structure either-:- (I) 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 "substantial improvement" is cOflsidered to_occur when the first alteration of any '.vall, ceiling, floor, or other structural part of the building commences, 'Nhcthcr or not that alteration affects the external dimensions of the structure. The term can cKclude: Substantial improvement does not include: t3) 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 (4) 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, S 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 following v/ords, terms and phrases, when used in this chapter, shall havc the meanings ascribed to them in this section, except where the context clearly indicates a different 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 ~not be 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. Oed. No. , Page 36 Accessory means a use, activity, strueture or part of a structure which is subordinate and incidental in size, scale. design. or purpose to the main acti'/ity principal use or structure on the subject propertY7, and supports the principal use or structure without displacing or dominating it. See FWCC 22-946. Generally, accessory uses, facilities and activities normally associated with a permitted use are permittcd 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, and incidental 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. See FWCC 22-965. 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. Aocessory hardship d'/lclliftg unit means aft attached ADD v/Rich satisfies the criteria set f-orth in F'.VCC 22 965. 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 useW 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: I. 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: I. 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 Oed. No. , Page 37 activities include or mimic specified sexual activities and which establishment excludes minors by virtue of age. f.ctivitics and uses defincd as "adult entcrtainment activity or usc" are only permitted in the zone '""here that term is specifically listed as an allo'Nable use and only in conformuncc to the requirements as stated f-or that use. Adult-oriented merchandise shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined below). 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, in some manner, 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 interpreted in WAC 173 20 Ii\. 020. This is a technology bascd approach to limiting pollutants from wastcv/ater dischargcs, which requires both an engineering and economic judgment. 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 selling only such articles, or offering them for salc, shall be considered as a dealership selling antiques or collectibles and not as a dealership selling second hafld merchandise. Applicant means both ohhc follo'.ving, depending on the content: (I) ,^. person 'Nho applies f-or any permit or approval to do an}thing governed by this chapter, '.vhich person must be the owner of the subject property, the authorized agent of the owner, or the city. (2) ,^.flY person V/ho is engaging in an activity governed by this chapter or 'who is the owncr of property subject 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 yielding a usable amount of fresh water to a well or spring. a water bearing porous soil or rock strata capable of yieldiRg a significant amol:lflt of . goufld-.rater to '.vells or SpriRgS. Oed. No. , Page 38 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. They do not include any copy, text. logos, graphics. or other elements of the 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 ref-erencc datum on a sl:lbject pmperty from '.vh.ich building h.eight is mcasur-ed. f\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 means~ pro'/ided, that ABE shall Rot be greater than five feet above the lowest of the existing or proposed elevation 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 adiacent 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. ") BMPs or best managemeRt practice(s) meaflS maintcnaflcc measures and operatioflal practices that are considered the most effective, practical meaflS of pnJ'.'cflting or reducing pollutiofl from Ronpoiflt or point sources. BMPs ar-e defined by trade orgaflizations, government agencies, and other orgaflizations iR'/olvcd in l3ollution I3revefltion and environmental regl:llation. 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 structure used for or intcnded for human occupancy any 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. Building mounted signs means all of the follov.'ing: wall mounted signs, marquee signs, under mlH'quce sigHS afld pmjecting sigHS. 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. Canopy means a permanent. rigid. roof-like structure that projects 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 by 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. Oed. No. , Page 39 Change of use means a change of use dctcrmil1ed to hayc occurred '",hell it is foul1d that the general character of the operation a use has been modified. This determination shall include but not be limited to ~ review of, but not be limited to: ( 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 occupation mcans those home businesses that qualitY as home occupations under this zoning eh.apter, except family child care homes. Class II home occupation meaflS those family child care homes that qualify under 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 the nonindustrial uses permitted in the commercial enterprise zone and not permitted in any other zones of the city. Commercial vehicle means, unless exempted by FWCC 22 1176 and 22 1178, any truck over 10,000 pounds gross vehicle weight rating (GVWR), as defined in RCW 46.25.010. the Revised Code of Washington (RCW), toe principal use of which is typically used principally for the transportation of commodities, vehicles, merchandise, produce, freight, or animals; 6f as well as any bulldozers, backhoes, cranes, tmd 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 primarily 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 by a private or public nonprofit organization. Sponsoring organizations can include. but are not limited to. schools. churches. and/or civic Oed. No. , Page 40 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. 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: (I) 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 of this 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 aquiters 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 an):: 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-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. Ord. No. , Page 41 Development acti';ity means any '.vork, condition or activity which rcql:lircs a permit or approval under this chapter or the city's buildiflg codc. Dcvelopmcnt pcrmit mcans any pcrnlit or approval under this chapter or thc city's building code that must be obtained before initiating a use or dcvelopmcnt activity. 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~ ef watercourse......or ft:em a wetland. Dredging spoils means the earth and other materials removed from thc bottom of a body of water......!! ef watercourse......or ft:em 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: (l) 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. Oed. No. , Page 42 22-1.5 Definitions. E. Easement means the right to use the real propertY of another for iLWecific purpose, land 'NhicR has specific air, surface or subsurface rights conveyed for use by someone other than the owner of the subject property or to benefit some property other than 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 placement of these removed soils elsewhere by water, wind, ice, or similar the natural forces of wind or watef. Essential public facility is any facility or conveyance that which has the follo'.ving attributes: (1) It-fs. lLtypically difficult to site due to unusual site requirements and/or significant public opposition; (2) It-fs. Is a necessary component of a system, network or program which provides a public service or good; (3) It---is ~ owned or operated by a unit of local or state government, ~private or nonprofit organization under contract with a unit of government Of receiving government funding, or private firms subject to a public service obligation; and (4) It meets a general andlor specific category for facility types or indi"iidual facilities listed belo';.' in Meets the following definitions of either a Class I and or a Class II essential public facility: facilities. a. Class I facilities are those facilities: Facilities of a county, regional or state-wide nature~ TRose essential public facilities intended to serve a population base that extends significantly beyond the boundaries of the city. Class I facilities, and '.vnich may include several local jurisdictions or a significant share of the Puget Sound regional population. Such facilities and may include, but are not limited to, the following: 1. State or regional education facilities (except minor branch facilities), including: :+. Research facilities~,ib-University branch campuses~>tH-:-and Community colleges~~ 2. State or regional transportation facilities), including: +-Light and/or standard rail lines>~>ih-Commuter terminals>~>tH-:- Transit centers>~and Park-and ride lots in residential zones~~ 3. State or regional correctional facilities~~ 4. Solid waste handling facilities (large scale), including: :+.- Transfer stationund ~,th Recycling center~~~ 5. Sewage treatment plants~~ 6. Power plants; b. Class II facilities are those facilities: Facilities of a local nature. Those essential public facilities that are intended to meet the service needs of the local community. In many cases Class II leeal facilities are typically characterized by providing some type of in-patient care, assistance, or monitoring~ Such facilities and may include, but are not limited to, the following: I. Substance abuse facilities-;~ 2. Mental health facilities~~ 3. Group homes/special needs housing-;~ 4. Local schools, including: .,.bElementary school~~> it:-Middle schools, and ~... ffi.:-High school~~~ 5. Social service transitional housing, inc\uding:.,h-Domestic violence shelter~~> th Homeless shelters, and ~> ffi-: Work-release. Excavate or excavation means the mechanical removal of soils aRdfor 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, Ord. No. , Page 43 including the vertical distance between eaves and ridge of a pitched roof above it, used for sign area calculation for building-mounted signs. 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 Rot more than five persons '.vho are not related by f-our or fewer degrees of affinity or consanguinity; pro"iided, hO'.ve'ler, that any 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 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 care home means a business regularly providing care during part ofthc 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 mavalso 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: (I) 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, structural rock,_& gravel, broken concrete>-and similar structural substances customarily to 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. Flag lot or panhandle lot means a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right -of-way is the "flag pole" or "access panhandle" part of the lot. 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 of the property line along any public right-or-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., "public card rooms," which involve staking or risking something of value up-on 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 Ord. No. , Page 44 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 development consistent with public health or safety concems. Geologically hazardous areas include the following areas: (I) 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: I. 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 tim, 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), VOS (unstable old slides), and VRS (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 cohesion less 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 of the follm.ving: ( I) The the reflection of harsh, bright light-as well as the (2) The physical effect resulting from high luminances or insufficiently shielded light sources ffl.-.tfle 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. Ord. No. , Page 45 .- 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 means ',vater that occurs in subsurface openings in the earth, such as the spaces between partieles in unconsolidated deposits or along fractures in consolidated deposits. 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. 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 n means housing for juveniles under the jurisdiction of the criminal justice system. Such groups include 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(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 bv other related or unrelated individuals. Group homes are divided into the following types: The direetor of community de'lelopment services shall have the discretion to classifY a group home proposing to serve juveniles cow;icted of tRe offenses listed under group home type III in this section as a group home type III, aRd atly such home shall be sited according to the regulations contained within type III elassification. ( I) Group homes type II-A: Group homes type II with no more than Maximum number of 12 residents including resident staff. (2) Group homes type II-B: Group homes type II with :fthirteen or more residents including residential staff. Maximum number to be determined on a case by case basis. The limitation on tHe number of residents in a group home type [[ shall not be applied if it prohibits the city from makiRg reasonable accommodations to disabled persons in order to afford such persons equal opportuRity to l:Ise and enjoy a dwelling as required by the Fair Housing Amendments f.ct of 1988, 12 USC 3604(f)(3)(b). Group homes type III means housing for adults that have been convicted of a violent crime against a person or property, 6f' 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 are under the jurisdiction of the criminal justice system-er-, individuals who have entered a pre- or post-charging diversion program~. Such groups involve individuals selected to participate in state-operated work/training release and pre-release programs or similar programs; but excludes. Such category does not include 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: (a) petroleum, petroleum products, or anhydrous ammonia as those terms are defined in 49 CFR Part 195 in effect March I, 1998; and (b) carbon dioxide. Ord. No. . Page 46 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; and any material that may degrade groundwater quality when improperly stored, handled, treated, used, produced, recycled, disposed of, or otherwise mismanaged~. Hazardous materials shall also include 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 include 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 70.105 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 dangerous hazardous waste for a temporary period (see W /'.C 173 303 010(85)). Hazardous waste treatment means the physical, chemical or biological processing of dangerol:ls 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/\.C 173 303 040(97)). Heat means added energy that eal:lses substaFlces to rise in temperature, fuse, evaporate, expand or undergo afty other related change. 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 Definition~ 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. Ord. No. , Page 47 Industrial-commercial zone means the CE zoning district. Industrial uses means those uses allowed only in the CE zone as listed in FWCC I2-86l through 22- 864. Inflatable advertising device means an advertising device that is inflated bv 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. Ingress/egress and utilities easement 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. See definition of "vehicular access easement or tract." Inoperable motor vehicle shall be any vehicle that has been in a stationary position for more than 14 days, is apparently inoperable>-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 uscd \vith respect to a decision of the director of community developmcnt services or a decision of the Reariflg examiner issued under. this chapter, means the date that is three days after the date the v.Titten decision of the director or hearing examiner is mailed. Proof of mailing shall be by affidavit or by declaration under penalty of pcrjury. Issuance, when used \vitR respect to a city council decision madc by ordinaflce or resolution '.vhile sittiRg in a quasi judicial capacity, means the date on ','lhich the council passes the ordinaflce or resolution, as evidenced by the datc of passage indicated on thc face of tRc ordinance or resolution. 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, set=ap 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 ~ 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; (;!l) Is apparently inoperable; (J1) Is without a current, valid 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. Kenflel means an establishment, gencrally retail in nature, which houses, cares for, breeds, raises or sells dogs or cats, but not includiflg a small animal hospital or clinic or pet shop. 22-1.12 Definitions. L. Land division means any process by which individual lots, parcels, or tracts are created for the purpose of sale, lease, or transfer. Land divisions include, but are not limited to, conventional Ord. No. , Page 48 subdivisions (both short and long plats), binding site plans, cluster subdivisions, cottage housing, zero lot line townhouse development, and small lot detached development. Land surface modification means the clearing or removal of trees, shrubs, ground cover 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 refcreacc to metes and bounds, or by reference to section, township and range. Lot area means the minimum lot area per dwelling unit based on the underlying zone. For single- family lots, the area of a vehicular access easement, private tract, flag pole, or access panhandle shall not be credited in calculation of minimum lot area. Low density use means a detached dwelling unit on a subject property that contains at least five acres. . 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, (976). Manufacturing and production means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories: (I) Manufacturing and production, general means establishments typically manufacturing and producing for the wholesale market. (2) Manufacturing and production, limited, means retail establishments engaged in the small- scale manufacture, production, and on-site sales of custom goods and products. These uses are distinguished from "manufacturing and production, general" by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. This category includes uses such as ceramic studios: candle-making shops; custom iewelry manufacturing: woodworking and cabinet making: manufacturing of specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of Ord. No. , Page 49 goods from finished materials such as wood, metal. paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, microbreweries, and beverage bottlers. Manufacturing and prodl:lction, general, means establishmcnts engaged in the mechanical or chemical transf-ormation of materials or substances into nev. products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors, and is typically carried on for the 'Nholesale market. ManHfaeturing and prod1:lction, limited, means retail establishments engaged in the small scalc manHfacrnre, production, and on site sales of custom goods and products. This classification includes uses such as ceramic studios; candle making shops; custom jc',',;elr)' manufacturing; WOOdvlOfking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; or dental appliances such as bridges, dCRtures, and crov.ns; production of goods from finished matcrials such as 'Nood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, mierobre'Neries, and beverage bottlers. These uses are distinguished from "manufacturing and prod1:lction, general" by a predominant use of hand tools Of domestic mechanical equipment, limited number of employees, limited sales volume, limited tf1:lck deliveries, little or no outdoor storage, typical retail Rours of operation, aRd an olr/ious retail storefront with a public cFltrance that is iFl scale '.'lith the overall building and oriented to the right of 'Nay. 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: (I) 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 and 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 by 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 exteri-or 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. Ord. No. , Page 50 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 inteflsity, duration and character of sound from any und all sources. 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 include includes, but is not limited to, painting, roof repair and replacement, plumbing, wiring and electrical systems, mechanical equipment replacement and weatherization. Incidental alterations may include 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 sign conforms to this article and other sections of this Code. Nursing home means the same as convalescent center. See "Convalescent center. II 22-1.15 Definitions. O. Occupant means a person that legally occupies a structure or property. Odor means stimulus aff-ecting tRe olfactory 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 follo-.viRg is a nonexclusive list of office l:lses: 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-I 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 lot or geographically contiguous or bordering property. Travel betv.'een t'NO properties divided by a public right of 'Nay, and owned, operated or controlled by the same person, shall be considered on sit-e travel if: (I) The travel crosses the right of '.vay at a perpendicular intersectioR; or (2) The right of way is cORtrolled by the property O'Nner and is inuccessible to the publ.ic (see WAC 173 303 010(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. Ord. No. , Page 51 Open space, private, means common open space, the use of which is normally limited to the occupants of a single dwelling or building or property. Open space, public, means open space owned by a public agency and maintained by it for the use and enjoyment of the general public. Ordinary high water mark means, on lakes, streams and tidal waters, that mark that '.viII 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. ; pro'/ided, that any tidal area 'Nhere Where the ordinary high water mark cannot be found by mark based on the previous text of this definition, 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. Panhandle lot means flag lot. Parking area means any area designed aftdIor 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. Person means any individual, partRcrship, association, corporation, unit of government 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-way. 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 Ord. No. , Page 52 "Door to Door." Such containers are typically delivered to a site by truck, left on site for a temporary loading period, then retrieved by truck and delivered to another location, which may include a storage facility. See FWCC 22-964. Preapplication 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 andleF regulations. Primary dwelliag unit meaRS the main structure located OR the subject property which is distinguishable from any accessory dwelling unit because it is greater ia total square footage. Primary vehicular access means the street, vehicular access easement, or private tract from which the majority of vehicles enter the subject property. Principal use means the primary or predominant use of any lot or parcel. 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: (I) The front property line is any property line that is adjacent to a primary vehicular access. If the subject property is adjacent to more than one primary vehicular access, 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, except the property line adjacent to an arterial or primary collector shall not be designated as a primary vehicular access. (2) For flag lots, the yard setbacks shall be applied per the following graphic: Ord. No. . Page 53 ,---.---.-...-_!! -..-.......---.-. Qrivtway ~ l.ot2/ Access easement for lot 1 -: Lot 1 If : " ... -- .. - -.. .- - ...... .. ... ...... } a-tO' Flag Lot Setbacks .. · lol2 ~ - ..., . ,. at' , \._-----.. _ --..-----.. . . ,----- -------._~ . . Or .__________It!l. _________. . ~ f . . - . - - -. - . . ^.,~- - - - - - - - '. . .' , '40". __. (---7 ; ,1.1" f, . w~.t--....~...._..-. ..""...__.......... .. - ... - - -.... ...1\........ ... ... _ _ ... ... ~ ... .... . . lot 2 lot 1 lot 2 ~: '.1' 20'0:.. . _ . _ _ $!l'" _ _ . " _ _ ' .. , ...w .. . It lot 1 4 '* _ ...... _. _ ...... __ ... _ _ _ _ _ _ _ .... ...1 '- ... - - - - -.... ... -- .. - - ... - ..' S .10" Driveway for Lot 2 Not an arteria' or- principii c-ot'ector Driveway for lot 2 and Access Easement for lot 1 Arterial or - pri'ncipa (co iiector r-.....---_..._.........8'! ___.__ ___... .. lot 3 . . t. .. _ _ {-}. ,. f' ~ at' ...,,'.--______.. _....._... .----_.!~-----_.~ Driveway for lot J and Access Easement 'or lot 2 " . .. tit lol2 > ,. :#! -- ..-....--. .---.--- . . - -... ... .. -.. ... - .. - - - - - - - ..... ., . . lot 1 ... '. :"1 fI._ Not an arterial or prinCipal collector F = Front Yard S ;:: Side Yard R = Rear Yard (3) The rear property line is any property line that is farthest from, and essentially parallel to, the front property line. Ord. No. , Page 54 (4) 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 by 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 weekdav. Public on-site open space may be privately owned, but must be permanently 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 of the 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 meeting the definition of "regulated wetland" located in and around the margins of regulated lakes and fall under FWCC 22-1357 shall be considefed regulated wetlands. Regulated vletlands. See the definition of "regulated 'Net lands" under the definition 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. 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 yard means the area adjacent to and interior from a property line or the ordinary high water mark (OHWM) of a lot, as prescribed by regulations, and is the minimum required distance between a structure and a specific line, such as a property line, edge of private tract, or vehicular access easement that is required to remain free of structures. If two or more required yards are coincidental, the area will be considered the required yard with the greater dimension. Yards are also known as setbacks. Except for flag lots, required setbacks are categorized as follows: (I) 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) Or-dinary high vlater liRe yard. That portion of a lot adjacent to and parallel with the OHWM and at a distanee laadvlarti ther-efrom established in this chapter. Ord. No. , Page 55 f4j 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 !ood, 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. BtIlk retail involves a high volume of sales of related and/or unrelated products in a warehouse setting, and may include membership warehouse clubs, i.e., "big box" retail. Bulk retail is differentiated from general retail by any of the following characteristics: (I) 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 bulk retail and is differentiated from bulk retail by the size of the building, sizc of itcms purchased and salcs volume. Gcneral 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 not a discount or volume 'Narchouse store. Typical user is the general public. Retail sales, second hand mcrchandise mcans an individual or establishment that sells second hand merchandise, such as pawn shops; used book and record stores; used clothing, furniture, and appliances; thrift stores; consignment stofes; and flea markets. This definition docs not include the sale of antiques 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 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 '.vay means land dedicated or convoyed to thc public or a unit of government, the primary purpose of '.vh.ieh is the mO'lCmeAt of '.'ehicles and/or pedestrians and pro'.'iding for access to adjacent parcels, v.'ith the secondal)' purpose of providing space for utility lines and appurtenances aAd other devices aAd facilities benefiting th.e 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. Ord. No. , Page 56 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 iunk 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. Sign 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, onlv 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 subiect 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 of the subiect 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 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 "inn "\ ~ Ord. No. , Page 57 ------ ~ \ -a=ffiB /; /. . / / -,k // .~I?/ _.// // )~.m"'nol _ SIde ___ 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 projecting 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. ~ p. I E ~vl(/_I~/ // E . . ':r~" ...~...." ;';;-- -"";,' ;.~ '; ; -.~-';-; . -; .J~/ ~/ /~./..;: 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. 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. Ord. No. , Page 58 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 signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." Sign Height Sign Height Figure 3 - Freestanding Si go 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. 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 proiecting 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 Ord. No. , Page 59 concrete materials harmonious with the materials of the primary structure on the subiect 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 ~ffective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this article or any other sections of this 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, us~ product, or service not available on the subiect property on which the sign is located. On-site sign means a sign which contains only advertising strictly applicable to a lawtlil use of the subiect 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 subiect property and not attached to any building. (See drawing set forth in FWCC 22-1602( c)( I ), 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 by ballot in connection with local. state, or national election or referendum. Portable sign means anx 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. 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 '11 ( "C . S " "0 . S " ) Wi open soon e.g., ommg oon... pemng oon... , 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." Ord. No. , Page 60 Proiecting sign means a sign, other than a flat wall sign, which is attached to and proiects from a building wall or other structure not specifically designed to support the sign. o 0 I I Figure 4 - Projcrling Sign Real estate, on-site sign means a sign placed on the subiect property and announcing the sale or rental of the subiect 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 by a government or public utility. Temporary sign means a sign not constructed or intended for long-term use. 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. Oed. No. , Page 61 Vehicle sign means a sign temporarily affixed or attached to a parked venicle 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 by 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 Area I Ord. No. , Page 62 "a- .c. .cr I a x (b+C1-d+&) ii Sign AIlta I Figure 5 - Calculating Sign Arc: 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. j\ "significant tr-ec" shall be defined as: means a tree that is (I) Twelve inches in diameter or 3 7 inches in circumference measured four and one-half feet above ground; illlii (2) In good health; and (3) Not detrimental to the community, including but not limited to not (e.g., is not diseased, dying, ef likely of tailing to fall into public open space or right-of-way, etc.) or obscuring safe sight distance requirements; and (4) Not a Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. Silt or sediment means the soils or rock fragments soil partie\es 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,~ two or more or a group of persons connected through blood, marriage or other legal relationships indi'liduals related by not more than four degrees of affinity or consanguinity afld.-including persons under legal guardianship, or a group of Rot more than three persons \",ho are not related by four or fewer degrees of affinity or consaRguinity; pro':ided, hovlever, that aB)'. 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 .A~me8dments l\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 63 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 thaR offices and group homes as defined in this chapter, operated by a nonprofit social service agency, licensed 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 by the federal fair housing amendments act of 1988, 42 USC 3604(f)(3)(b). This defmition 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 bv other related or unrelated individuals. +his classification includes domestic violence shelters as defifled herein, except that such shelters wherein the total Rl:lmber of resideflts does Rot exceed the maximum number allO'.ved under the "family" definitiofl may be permitted ol:ltright in all residential zones. 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 number of residents to be consistent ',vith the maximum number of unrelated adults allowed under the zoning definition offamil)'. (2) Type B: Social service transitional housing with a more than the maximum number of residents allowed under the definition of "family". All social service transitional housing not meeting the defmition of "Type A," above. Maximum numbcr to be determined OR a case by case basis. The (imitation on the nl:lmber of residents in social service transitional housing shall not be applied if it proRibits the city from making reasonablc accommodations to disabled persons in order to afford such persons eql:lal opporhmity to use and enjoy a dVlelling as required by the Fair Housing Amendments Act of 1988,12 use 3601(t)(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 de'.'elopment services. State Environmental Policy Act means Chapter 43.2IC 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 developing setting development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition is not mcaflt 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. Oed. No. , Page 64 Street means both of the follO\ving: fB-A ~ public right-{)f-way~ ~ and.J! 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 Bo)1hing 'Nhich is built or constructed, an edifice or building of any kind or any piece of work artificially built up or composed of parts joined together in some definite rnarmcr a combination or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land 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 looate, or on which any activity or condition regulated by or subject to development regulations this chapter is exists or will occur or take place. 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 (SEP A). 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 65 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. See definition of "dwelling unit, townhouse." 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 of the activities within a building from nearbv streets, sidewalks and public spaces. 22-1.21 Definitions. U. Use means the nature of the activities taking place on pft-vate 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 atlEYor 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. [t may also provide space for utility lines and appurtenances and other devices and facilities benefiting nearby properties or the public. See definition of "ingress/egress and utilities easement." 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 well(s) 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 '.VetlaDds Identification aDd Delineation Manual (Depar'"JRcftt of Ecology publicatioR No. 9691) as set forth iR WAC 173 22080, as it exists as of No',ember 1, 1999, or as subsequeRtly amended, will be used for idemificatioR aRd delineation of wetlands within the city. Ord. No. , Page 66 l\lthough a site specific '.vetland may not meet the. criteria described abo';e, it vlill be considered a regulated \'letland if it is functionally related to another wetland that meets the criteria. Regulated 'Netlands means: (I) Those wetlands, as described belo'"", which fall into one or more of the follo'Ning categofies: a. Cutegol)' [ v/etlands meet one of the following criteria: I. Contain the prescnee of species or documented habitat recognized by state or federal agencies as endangered, threatened or potentially extirpated plant, fish or animal species; or 2. Contain the presence of plant associations of infrequent occurreRce, irreplaceable ecological functions, or exceptional local significance including but not limited to estuarine systems, peat bogs and fens, mature f-orested wetlands, groundwater exchange areas, significant habitat or 1:lfliqHe educational sites; or 3. Have three or more \vetland classes, onc of which is open 'water. b. Categol)' H wetlands are greatcr than 2,500 square feet in area, do not exhibit tRe characteristics of Categol)' [ '.vetlands, and meet one of the f-ollowing criteria: I. Are contiguous with water bodies or tributaries to ',vater bodies which under normal circumstances contain or SHppOrt a fish popHlation, inolHcling streams ',vRere flow is intermittent; or 2. Are greater than one acre in size in its entirety; or 3. l\re less than or equal to one acre in size in its entirety and have two or more v/etland classes, '.vith ncithcr class dominated by non nativc iW/asive species. c. Categol)' III \vetlands are greatcr than 2,500 square feet in area and do not exhibit those characteristics of Categol)' I or II wetlaRds. (2) See definition of "regulated 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. Zero lot line means the location of a building in such a manner that one or more of the building's sides fest directly on a lot line. Zones mean use zones . See as described in FWCC 22-596 through 22-906. 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, S 2(3.10), 2-27-90; Ord. No. 90-51, SS 1,2,3-27-90; Ord. No. 91-87, SS 2 -4, 2-5- 91; Ord. No. 91-92, S 4,4-16-91; Ord. No. 91-100, S 4, 6-4-91; Ord. No. 91-105, S 3, 8-20-91; Ord. No. 91-113, S 3, 12-3-91; Ord. No. 94-2239 3(A), 10-18-94; Ord. No. 95-245, S 3(A), 11-21-95; Ord. No. 96- 269, S 3, 6-18-96; Ord. No. 96-270, S 3(A), 7-2-96; Ord. No. 97-295, S 3,5-20-97; Ord. No. 97-291, S 3, 4-1-97; Ord. No. 97-296, S 3,6-17-97; Ord. No. 97-300, S 3, 9-16-97; Ord. No. 97-307, S 3,12-16-97; Ord. No. 99-337, S 2, 3-2-99; Ord. No. 99-347, S 3,8-3-99; Ord. No. 99-348, S 2,9-7-99; Ord. No. 99- 353,93, 11-16-99; Ord. No. 99-357,93,12-7-99; Ord. No. 00-363, S 2, 1-4-00; Ord. No. 01-385, 9 3, 4- 3-01; Ord. No. 02-424, 9 3, 9-17-02; Ord. No. 03-443, S 3, 5-20-03; Ord. No. 04-457, S 3, 2-3-04; Ord. No. 04-468, S 3, 11-16-04; Ord. No. 05-506, S 3, 10-18-05; Ord. No. 06-515, S 3,2-7-06; Ord. No. 06- 533, 9 5(Exh. A), 9-19-06; Ord. No. 07-545, S 3(Exh. A), 1-2-07; Ord. No. 07-554, S 5(Exh. A(3)), 5-15- 07; Ord. No. 07-559, S 3(Exh. A), 7-3-07) 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?) Ord. No. , Page 67 22-12 (FWRC 19.05.1201 Application of re!!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 anv manner, except in conformity to the vard, 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. SECTlON 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 (FWRC 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 periury. 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. SECTlON 27. A new section shall be added to Chapter 22, Article XlII, of the Federal Way City Code to read as follows: 22-978 H9.105.0601 Group bomes. A group home type II proposing to serve juveniles convicted of the offenses listed under group home type I[[ 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. SECTlON 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 bousin!!. 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). Ord. No. , Page 68 SECTION 29. Chapter 22, Article X, Section 22-547, of the Federal Way City Code shall be amended to read as follows: 22-547 DefinitiOBS Cate~ories of temporary uses. The following categories of temporary uses are established: E+1 Class I temporary uses shall mean temporary uses iRcluding are temporary uses that do not fall under Class II temporary 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 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 under FWCC 22 550; except that the director of community development may require aR application to be decided uRder FWCC 22 550 and process III, FWCC 22 386 et seq., '.'..heR it is determined that tRe degree and scope of potential impacts of the proposal ''''arrant such review. ~ Class II temporary uses shall mean temporary uses including are temporary uses that involve sueR 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 commuflity development services determines that the conditions prompting such proposal are of a critical and temporary nature. Class II temporary uses shall be decided under FWCC 22 518(b). (Ord. No. 94-209, S 3, 3-15-94; Ord. No. 97-291, S 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 community 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 follo'",ing definitions apply to this section: (I) Floor area means the total area of a building floor plate in gr-oss square feet. (2) Mi)wd use building means a building containing two or more differeflt principal permitted uses, as determined by the director, and which occupy separate tenant spaces. (3) Multiple stol)' building means a building containing two or marc floors of active permitted use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, eontaiRs at least 33 perccnt of the ground floor area. (4) The site means subject property as defined by this chapter. (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. (2.h) Two thousand square feet may be added in exchange for each dwelling unit contained in an attached or detached mixed-use/multiple-story building. Ord. No. , Page 69 (~) One thousand square feet may be added in exchange for each five parking stalls contained in an attached or detached parking structure. (4g) 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. (Ell) 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. (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, S 3,2-7-06) SECTION 31. Chapter 22, Article XIV, 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 section contains procedures and criteria for determining wHether an area is defined as a regulated wetland under this chapter. 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 L 1999, or as subsequent Iv 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 determined 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 community development 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)(l) through (b)(7) and (c) of this section. The director of community development 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. (I) 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 definition of "regulated wetland" in FWCC 2Ll. (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. Ord. No. . Page 70 (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: (I) 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. (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. (n such a case, the expanded area may be considered a regulated wetland by the director upon review, under subsection (b)(7) of this section, of the 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, 9 3, 11-16-99; Ord. No. 04-468, ~ 3, 11-16-04; Ord. No. 07-554, 9 5(Exh. A(lO)), 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: (I) 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) DefiAition. ^ significaAt tree shall be defined as: (I) Tv.elve inches in diameter Of 37 iAches in circl:Jmfefence measured four aad ORe half feet abo'le ground; and (2) In good health; and (3) Not detrimental to the community (e.g., is not diseased, dying, or likely offalliAg into public opeA space or right of ','lay, etc.) or obscuring safe sight distaAce requirements. SignificaAt trees shall ROt incll:lde red alder, cottomvood, poplar or big leaf maple. Ord. No. , Page 71 . ~,'~\ 12 Figure 10 - SeC. 22-~56g(bJ (e) Standards. (+2) Retention required. Significant trees shall be retained on the subject property to the maximum extent possible in all developments as follO\vs: 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 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 broad leaf trees. Example: 100 on-site significant trees requires 25 to be retained or replaced. Applicant may plant 13 larger trees within required landscape areas which meet size requirements mentioned above. h. Article XIX of this chapter may apply additional, use-specific standards related to significant trees. (~l) 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. (J:!) 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)(l)(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 Ord. No. , Page 72 c. The tree belongs to a unique or unusual species of native or non-native tree not usually found locally. (4J) 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 6f community development shall review the plan in relation to the proposed development to ensure tree removal is the minimum amount necessary to comply with the proposed development and meet the purposes of this chapter. (~) 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 comml:lllity developmellt director, based upon the director's assessment of the 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. (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 either7-l-:--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 t\.vo areas defined as follovls: I. The- the drip line of the tree(sh 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 of community dcyelopment 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, 9 4, 4-20-93; Ord. No. 07-559,9 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 following '.'lords, terms and phrases, 'when used in this ehapter, shall have the meanings aseribea to them in this section, exeept where the context dearly indicates a different meaning: (1) ;\banaofted sign means any sign remaining in place after a sign has not been maintaiHed for Ii period of 90 or more consecutive days or if the activity conducted on the subject pr-operty ",eases for 180 consecutive days. Ord. No. , Page 73 (2) Administrator means the director of commlmit:y development or hislher designated represeRtative. . (3) Advertised activity for freevlilY profile signs. For the pl:1rpose of measuring from the advertised activity for un individual business, the distance shall be mcasured 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 ceRter identification sign, which identifies businesses \vithin a multi tenant complex, the distance shall be measured from the sign to the nearest portioR of the combined parking area of the subject property. (4) l\ftimated or moviRg sign meaRS afty sign that uses movement or the appearaRce of movemeRt of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or mo...ing lights, lights with stroboscopic effect, or contaiRing elemonts 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. (5) Architectural embellishments Signs meafts the aesthetic elements of the structHre that includes or eReloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely inteRded to eRRance the aesthetics of the structural elements surrounding or supporting the sign. (6) 1\ Vining means a shelter projecting from and supported b)' the e)(terior 'Nail of the building and 'Nhich is constructed of a nORcombustible frame'Nork and covered by a flexible or nORrigid fabric. AwniRgs can be fixed, retractable, or collapsible. ARY structure that extends abo'.'e the adjaceRt parapet or roof of a supporting building is Rot inch:lded withiR the definition of awning. (7) Awning or canopy sign means a non electric sign on the ';ertical surface or flap that is printed on, painted on, or attached to an a-.ming or caRopy. Illumination for the avming or canopy shall be for safety purposes only, and therefore, shall point toward the ground and not illuminate the canopy. (See also "Marquee sign.") t) " /;r ..;~ :J....OrnMl~ YIIMN SIde \AIow Figure l-Awnmg or Canop)' Sign (8) Balloon means a decorative inflatable de'liec, generally composed of a tRin layer of late), or mylar, into '.vhich a gas (typically helium) is iRserted in order to cause it to rise or float in the atmosphere. (See also "Inflatable advertising device.") (9) Bamler means a sign made of fabric or any Ronrigid material with no eRclosing frame\vork. (10) Billboard means permaRent outdoor advertising off site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on '""hich the sign is located, but not includiflg civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (11) Building mounted signs means any sign attached to the facade or face of a Building or mansard roof ineludiRg ',vithout limitation 'Nail signs, marquee signs, under canopy signs and projecting SigRS. (12) Cabinet sign means a sign constructed of a box, rigid material, or frame~vork over or within vlhich is secl:lred the sign copy, text graphics, or other sign elements. CabiRet signs may ha'/e either interior or exterior iIlumiRation. Ord. No. , Page 74 --------- 0,,, I //,p~ II Figure 2 - Cabinet Sign (13) CaRopy BuildiRg means a rigid, multi sided structure covered with fabric, metal, or other material and supported by a building at one or more points or extremities and by columns or posts embedded iR the ground at other points or extremities. I\RY stmcture which extends above aflY adjaceRt parapet or roof of the supporting building is not iRcluded within the definition of a buildiRg caflopy. (14) Canopy Freestandiflg means a rigid, multi sided structure covered '..,ith fabric, metal, or other material aRd supported by ORe or more posts embedded in the ground. (15) Canopy sign. See "Awning or canopy sign." (16) Center identification sign means a building mounted or freestanding sign that idcntifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and '.vhich ma)' separately identity the tenants. (17) ChaRgeable copy sign means a sign ..yhose informatioRal content can be changed or altered (without changiRg 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 cight times a day shall be considered aR electronic changeable message sign and not a chaRgeable copy sign for purposes of this chapter. A sigH OR ..vhich the chaRging is an electronic or mechanical indication of time and/-of temperature shall be considered a "time aRd temperature" sigR and Rot a chaRgeable copy sign. (18) City means the city of Fedefal Way, a Washington municipal corporation, unless the context clearly indicates otherwisc. (19) Clearvie'N zone means the definition set forth in FWCC 22 1151 et seq. of this Code for iatersectioR sight distance requirements. (20) CommuRity service event or civic e'/eRt means an event or gathering (such as a f-ood fest, cORcert, fun run, cultural exhibition, or charitable fund raising event) spoRsored by a private or public nORprofit orgaRization. Spoflsoring organizations can include, but are not limited to, schools, churches, and/or ch'ic fraternal organizatiofls, theatef and arts groups, and charitable organizations. The event may not be primarily for the purpose of selling or promoting merchandise or services. (21) Construction sign means a temporary sigH identifYing an architect, contractor, subcontractor, aad/-or matefial supplier participatiflg ifl construction on the property OR which the sign is located. COflstruction signs also iflch:lde "ComiRg Soon" and "OpeR DuriRg Construction" signs. (22) Copy means the graphic content of a sign surface in either permancRt or removable letter, pictographic, symbolic, or alphabetic form. (23) DirectioRal sign, on site' meaRS a sign giying directions, instructions, or facility iRformatioR and which may cORtain the flame or logo of an establishment but no advertisiRg copy (e.g., parkiflg, exit or entrance signs ). (21) Electrical sign meaAS a sign Of sign structure iR which electrical wiring, connectioRs, or fixtures are HSe4: (25) Electronic changeable message sign meaRS afl electronically activated sign 'Nflose message cOROOnt, either 'NRole or ifl part, may be chaRged by means of electroRic programmiRg. (26) Exposed buildiRg face means the building exterior wall of a siflgle oecupftflt buildiRg or the buildiBg exterior '.vall of aR individual teoant's leased sflaee in a multi teoftflt complex, iReludiAg tRe vertical distaoce between eaves and ridge of a pitched roof above it, used for sign area calel:llatioR for building mouoted signs. Ord. No. , Page 75 (27) Facade means the entin; buildiRg front including the parapet. (28) Festoons means a string of ribbons, tinsel, small flags, or pinwheels. (29) Flag means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem or for decoration. (30) Flashing sigH means a sign when uny portion of it changes light inteRsity, switches on and off in a constant pattern, Of contains moving parts or the optical illusioB of motioB caused by use of electrical oBergy or illumination. (31) FreestandiBg sign means a sign supported permanently UpOB the ground by poles, pylons, braees or a solid base aBd not attached to any building. Freestanding signs include those signs othervvise knov,'R as "pedestal signs," "pole signs," "pylon signs," and "monument signs." Sign He- Oit Sign Height Figure 3 - Freestanding Sign (32) Frolltage means the length ofilie property line along aBY public right of way OR ,....hich it borders. (33) Frofltu;e, building means the length of an outside building ',',all OR a public right of way. (34) Fuel price sign means a sign displaying the price of fuel for motorized vehicles. (35) Graffiti means the inscription of symbols, ',',cords, or pictures by painting, spray painting or other means of defacing public or private property. (36) GraRd opening means a promotional aetivity used by ne'.vly established busiResses to iRform tRe 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 ROt include a change in ownership, remodeling, or other change incidental to the initial establishment of the business. (37) Ground mounted SigR meaBS a pedestal sign, pole, pylon, monument sign, or aRY sign permanently affixed to the ground. (38) Govemment sign means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal gO'lernment for designation of or direction to aRY school, hospital, hospital site, property, or facility, including "'vithout limitation traffic signs, directional signs, '.'laming signs, iBformational signs, and signs displayiRg a public service message. (39) Height (of a sign) means the vertical distance measured from the highest point of the sign to the grade of the adjacent street or the swfaee grade beneath the sign, whichever is less. (10) Identification sign means a sign '.vhose copy is limited to the name and address of a building, institution, Of person and/or to the activity or occupation bcin:g identified. Ord. No. , Page 76 (11) Identification sign (sl:lbdivision) means a freestanding or v,'all Sign identifying a recognized subdivision, condominium complex, or fesidcntial development. (12) Illuminated sign means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (13) Incidental sign meaflS a small sign, emblem, or decal inf-ormiflg the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours ofbusifless). ( 11) Inflatable advertisiflg device means an advertising device that is inflated by some means afld used to attract atteRtion, advertise, promote, market, or display goods andlor services. These deyices iRclude large single displays or displays of smaller balloons conRected in some fashion to create a larger display. (45) Instructional sign means a sign 'lIhich designates public informatioR including, without limitation, public festroom signs, public telcphofle signs, exit signs and hours of operation signs. (16) Integral sign means a sign displayiflg a building date, monument citation, commemorative inscriptioa, or similar historic information. (17) Kiosk means a freestanding sign, which may have a found shape or which may have two or more faces 8:fld ,....hich is used to provide directions, advertising or general information. (18) Maintenance (of a sign) means the cleaning, painting, and minor repair of a sign iR a manner that does not alter the basic design, size, height, or structure of the sign. (19) Marql:lee sign means any sign attached to or supported by a marquee, which is a permanent roof like projecting structure attached to a building. (50) Menu board means a permanently mounted sign advertising the bill of fare for a drive in or dri';e through restaurant. (51) Monument sign means a freestanding sign supported permanently upon the gr-ound by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured eoncrete matefials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in PNCC 22 1602(c)(2), Figure 8.) (52) Multi tenant complex means a complex containing two or more uses or businesses. (53) Multiuse complex means the definition of "multiuse complex" set forth in FWCC 2Ll. (51) Mural means a design or represeRtation that is painted or drawn on the exterior surface of a structure and that does not ad'lertise a business, product, service, or activity. (55) Nameplate means a flon electric Ofl premises identification sign gi'.'ing only the name, address, and/or occl:lpatiofl of an occupant or group of occupants of the building. (56) Neon (outliae tubing) sign fReans a sign consisting of glass tubing, filled '.'lith neon gas, or other similar gas, '.vhich glovls 'Nhen electric current is sent through it. (57) Nonconforming sign means any sign, which '""as 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 \vhich does not comply with this article or any other sections of this Code. (58) Notice of determination means the determination that the city issues as to '.vhether a sign conforms to this article and other sections of this Code. (59) Obsolete sign means a sign that adycrtiscs a product that is no longer made, a business that is no longer ifl operation, or an activity or e'/ent that has already occurred, except for historical signs. (60) Off site sign means a sign relating, through its message and content, to a bl:lsiness activity, use, product, or service not available on the su~ect property on 'Nhich the sign is located. (61) On site sign means a sign .....hich contains only advertising strictly applicable to a la\vful use of the subject property on which the sign is located, iRcluding 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 oftRe person oCCUpyiRg the subject property. (62) Person mcftHs 8:flY indiyidual, corporation, association, firm, partnership, or other legal entity. (63) Pedestal means freestaRding signs sl:lpported permanently l:lpon the grmmd by a solid base of laadscape eoR5tmctioR materials such as brick, stHeeo, stone\'lOrk, textHred wood, tile or textHred eonerete materials harmonious '.vith the materials of the primary structHre on the subject property. Sueh base shall Ord. No. , Page 77 be equal to at least 50 percent of the sign ',..,idth. (See drawing set forth ia FWCC 22 I 602( c)(1), Figure 6i (61) Point of purchase display or sign means an advertisement for an item accompanying its display iRdicating ORt)' instructions and the contents or purpose of the item (e.g., an advertisement on a product dispeRser, tire display, recycling cORtainers, colleetioR containers, gas pumps, phone booths, etc.). (65) Pole or pylon signs means freestanding signs supported permaneRtly upon the ground by poles or braces of materials such as brick, stucco, stonework, textured 'Nood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject propert)' and not attached to afty building. (See dra\ving sct forth in FWCC 22 1602(c)(l), Figure 7.) (66) Political signs means temporary signs advertising a candidate or caHdidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum, (67) Portable sign means any sigH designed to be moved easily aHd not permanently affixed to the ground or to a structure or buildiRg. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, 'Hood, or plastic. (68) Pre opening sign means a temporal)' sign ',..,hich ideRtifies a new business mo'/ing into a no\'I,' tenant space or building. The sign must include the name of the business and copy stating the business 'will open ( "G . 8 " "Q . 8 "t~ soon e.g., omlflg oon... peolflg oon... ,0 c. . (69) Private advertising sign means a temporal)' sign amlOuncing an event, use or conditioR of personal concern to the sign mer iRcludiRg '.vithout limitatioR "garagc sale" or "lost animal" signs. (70) Private notice sign meaI1S a sign announcing a restriction or '.varniRg regardiag the subject propert)', such as, but not limited to, "no trespassing" or "be'Narc of dog." (71) ProjectiI1g sign means a sign, o~her than a flat wall sign, which is attached to aRd projects from a buildiI1g 'Nail or other structurc not specifically designcd to support thc sign. Ord. No. , Page 78 o 0 I I Figure 4 - Projecting Sign (72) Public right of ...lay means land owned, dedicated or cOlwe)'ed to the public, used primarily for the movement of vehicles, wbeelebair and pedestrian traffic and Right of via)' Rla)' iRcll:lde Iatut pri'/ately owned, used primarily for the movement of vehicles or pedestrian traffic, so long as such privately o\vned land has beeR constructed iR compliance '.'lith all applicable laws and standards for a public right of way. (73) Real estate, off site sign means a portable or temporary. sign announcing tRe proposed sale of property other than the property upon v/hich the sign is located and proyiding directions to the subject property. (71) Real estate, on site sign means a sign placed on the subject property aRd announcing the sale or rental of the subject property. (75) Registration sticker means the sticker that is assigned to a sign that has been inventoried and has been determined to comply '!lith this article aRd other sections of this Code. (76) Roof sign means any sign erected, constructed, or placed upon, over, or extended above aRY portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in 'Nhich case a roof sign is any sign erected, constructed, or placed upon, O'ler, or exteRded above the 10'Nest 'Iertical section of a mansard or gambrel roof. (77) Sign means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/-or 'Nritten copy for the purpose of: (a) Providing information or directions; or (b) Promoting, identifying, or advertising any place, building, I:1S0, business, e'\lent, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with sl:leh sign. Painted wall designs or patterns 'Nhich do not represent a product, service, or registered trademark, and which do not identit), the user, arc Rot considered signs. If a painted 'Nail design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from tbe sign will be considered as part of the sign. (78) Sign area means the entire area of a sign on '""hich colors, '.'fords, letters, numbers, s)'mbols, graphics, graphic design, figures, logos, trademarks and/or 'Nritten copy is to be placed, excluding sign structure, architectural embellishments and frame..../ork. Sign area is calculated by measuriRg the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or Ylritten copy; provided, however, that eKcept that sign area is calculated for iBdiyidl:lal letters, numbers, or symbols usiRg a canopy, awniRg or wall as the backgrouHd, without added aeeoration or ehange iR the caHopy, awniRg or .vall color, have sign area calculated by measuring the perimeter eRelosiRg each letter, Rumber, or symbol aHa totaling the square footage of these perimeters. Ord. No. , Page 79 Grocery I G+r+o+c+e+r+y '" Sign Area ....~ a x t. b+c~d+e) =3ignl\ffla I Figure 5 -- Calcnlating Sign Art (79) Sign face means the area of a sign on 'Nhich the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. (80) Sign invcntol)' sticker means the stickcr that is assigned to any sign after it has been inveRtoried and determined to be a legal nonconforming sign. (81) Sign iflYentol)' sticker number meaRS the inventol)' number that is assigned t-o a sign after it has been inventoried and determined to be a legal noneonf-ormiflg sign. (82) 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 0Oflformance '.'lith this Code after an analysis conducted as part of a sign inventol)'. (83) Snipe sign means a temporal)' sign or poster posted OR trees, fences, light posts or utility poles, except those posted by a government or public utility. (81) Temporal)' sign means a sign not constructed or intellded for long term use. (85) Tellant directory sign means a sign for listing the tenants or occupants and then suite aumbers of a building or center. (86) Time and temperature sign means any sign that displays the current time and temperatuf'0, without any commercial message. (87) Under eanopy sign means any sign inteRded generally to attract pedestrian traffic suspeaded beaeatft a canopy or marquee '",hieh is at a 90 degree right angle to the adjacent exposed building faee and which contaifls no commereial messages other thafl the name of the busiaess. Ord. No. , Page 80 (88) Vehiele sign means a sign temporarily affixeG or attached to a parked "eRiele for the purpose of advertisiflg a proGuct or service, or pfoviding directions to such prodliets or services. (89) 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 21 inches from the '.vall of a buildiRg with no copy on the side or edges. (90) Warning sign means any sign '.",hich is inteRded to warn persons of prohibited aeti'/ities such as "no trespassiflg," "no hUfltiflg," and "no dumpiflg." (91) Wifl:do'N sign meaRS all signs affixed to a '1.'ifldmv aRd intended to be 'liewed from tRe exterior of the strnetl:lre. (OrG. No. 95 235, ~ 1, 6 6 95; Ord. No. 99 318, ~ 5, 9 799; Ord. No. 99 357, ~ 5, 12 799; Ord. No. 05 186, ~ 3, <1 19 05; Ord. No. 05 187, ~ 3, 4 1905; Ord. No. 05 504, ~ 3, 10 1 05; OrG. No. 06 523, ~ 3(Exh. A), 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 epetl space, and pedestrian amenities in the city. (2) Implement Crime Prevention Through Environmental Design (CPTED) principles by: 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: I. 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: I. 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: Ord. No. , Page 81 I. 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. 99-333,93, 1-19-99; Ord. No. 00-382, ~ 3, 1-16-01; Ord. No. 03-443, ~ 3, 5-20-03; Ord. No. 06-515, 9 3, 2-7-06; Ord. No. 07-554, ~ 5(Exh. A(l5)), 5-15-07) SECTION 35. Chapter 22, Article XIX, Section 22-1633, of the Federal Way City Code is hereby repealed as follows: 22 l(i33 Definitions. (I) f.ctiyc use(s) means uses that by their Yel)' nature generate activity, and thus opPOrh-JRities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. (2) l\rcade means a linear pedestrian \valkway that abuts and runs along the facade of a building. It is covered, but not cnclosed, 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. (3) A....'ning means a roof like cover that is temporary Of portable in nature and that projects from the '....all of a building for the purpose of shielding a doorway or windo,.... from the elements. (1) Canopy means a permanent, cantilevered extension of a bl:lilding that typicall)' pr~ects over a pedestrian '.valkway abutting and running along the facade of a building, '.'lith no habitable space abo'le the canopy. /\ canopy roof is comprised of rigid materials. (5) Common! ~opeR space area means--!!!Larea within a development, which is used primarily by the occupants of that development, sucR as an cRtryway, lobby, courtyard, outside dining area, etc. (6) Natural surveillance means easy observation of buildings, spaces, and activities by people pasSiRg or living,j...."orkin&-Q!: /recreating nearby. (7) Parking structure means a building or structure consisting of more than one level, abo'le and/or belovo' groulld, and l:Ised for temporal)' storage of motor vehicles. (8) Plaza means a pedestrian space that is available for public use and is situated near a maiR entrance to a building or is clearly visible and accessible from [he adjacent right of '....ay. Typical features and furnishiflgs incll:lde special paving, landscaping, pedestrian scale lighting, seating areas, weather protection, water features, art, trash receptacles, afld bicycle racks. (9) Public on site opeR space means a passive and/or acti'le recreatiollal area designed specifically for use by 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, afld bandstands, or an appro','ed combination thereof, and may contain exterior and/or interior spaces. Such areas shall be easily accessible from adjaceRt public areas and a'lailable to tRe public at least 12 hours each weekday. Public OR site open space may be pfivately ovmed, but must be permanently set aside and maifltaiRed for the use and benefit of the public. (10) Right of way means land o'lmed, dedicat-cd or conveyed to the public, used primarily for the mo':ement of vehicles, 'Nheelchair and pedestfian traffic and Right of way may include land privately ovmed, used primaril)' for the movement ofyehicles or pedestrian traffic, so long as such priyately owned land has been constmcted in compliance 'Nith all applicable laws and standards for a pub lie right of 'Nay. (II) Sight line meafls the line of vision from a person to a place or building. (12) Streetscape means the visual character and quality of a street as determined by various elements located between tRe street and building facades, such as trecs and other landscaping, st-reet furniture, artwork, tFansit stops, and the arehitectural quality of street facing building facades. (13) Streetscape amenities, as Hsed in this article, means pedestrian oriented features 8:8d fumisRings witRin the streetscape, sHch as bench seats or sitting walls, '.'leather protectioR, ',vater features, art, transit stops with seating, ar-eRitectural facade tr<latmeRts, garden spooe associated ....:ith residences, pedestrian Ord. No. , Page 82 scale lighting, landscaping that does not block yiev/s from the street or adjacent buildings, special pa';ing, kiosks, trellises, trash. receptacles, and bike racks. (11) Surface parking lot means an off street, ground level open area, usually improved, for the temporary storage of motor vehicles. (15) Transparent glass means ''''indo....is thut arc transparent enough to permit the vie'.\' of activities within a building from flearby streets, sidewalks and public spaces. Tinting or some coloration is permitted, provided a reasonable le'let of visibility is achieved. Reflective or very dark tinted glass does not accomplish this objective. (16) Water feature means a fountain, cascade, stream water, '.....ater 'Nall, water sculpture, or reflection pond. The purpose is to serve as a focal point for pedestrian activity. (Ord. No. 96 271, ~ 3, 7296; Ord. No. 99 333, ~ 3, I 1999; Ord. No. 00 382, ~ 3, I 16 01; Ord. No. 03 113, ~ 3,5 20 03; Ord. No. 06515, ~ 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). (I) 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 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 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 to 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. (II) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. Ord. No. , Page 83 20' Figure l6 - 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. ----... Figure i8 - 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. Ord. No. , Page 84 E 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. . Fj.I1I\';."!.I-Sce ).j. .f1~n(;p (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). (I) 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. Ord. No. , Page 85 (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) of this section shall apply. (c) City center core (CC-C) and city center frame (CC-F). (I) 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 (cXIXa) 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-l635(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 articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streets cape 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 shquld 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 Ord. No. , Page 86 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 on 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 shaH 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 22-163 5( c)(I). (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)(1I), (a)(I2), (a)(l4), (a)(l6), and (a)(I7) of this section shall apply. (d) For all residential zones. (I) 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)(l7) of this section shall apply. (3) Zero lot line townhouse residential uses and attached dwelling units. Subsections (a)(9), (a)(II) through (a)(I4), and (a)(I7) of this section shall apply. (Ord. No. 96-271, 9 3,7-2-96; Ord. No. 99- 333,93, 1-19-99; Ord. No. 00-382,93, 1-16-01; Ord. No. 03-443, 9 3, 5-20-03; Ord. No. 05-506, 9 3, 10-18-05; Ord. No. 06-515, ~ 3,2-7-06; Ord. No. 07-554,9 5(Exh. A(15)), 5-15-07; Ord. No. 07-559, 9 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 9R site 9peR space. Ord. No. , Page 87 The following guidelines apply to public on site open space that is developed pursuant to Article XI, Division 8, of this chapter. All Q!lblic epetl 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: (I) The total minimum amount of public epetl 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 epetl space area shall not be less than 500 square feet. (2) The public epetl space may be arranged in more than one piece if appropriate to the site context, as determined by the director. (3) The public epetl space shall abut on, or be clearly visible and accessible from, a public right-of- way or pedestrian pathway. (4) The public epetl 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 epetl 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 m~or 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; Ora. 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(I 5)),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 changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or modity portions of the section that are enacted, repealed, or modified by any other ordinance or resolution. Ord. No. , Page 88 SECTION 40. 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 41. Ratification. Any act consistent with the authority and prior to the effective date of this 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: C1TY CLERK, CAROL MCNE1LL Y, CMC APPROVED AS TO FORM: C1TY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNGL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: K:\2008 Code AmendmentslCode Re-organization\Planning Commission\LUTC definitions 2 (2).doc Ord. No. , Page 89 DATE: November 4th, 2008 TO: Council Members; Planning Commission Members FROM: Aaron Walls, Deputy City Attorney SUBJECT: Staff Report on the final reorganization of the Federal Way City Code and concurrent updates and revisions to the Code. On November 20th, 2007 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 Staff have 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. These were previewed to Management Team in June and July for comments and direction. The updates have been broken into different ordinances depending on the areas that Council Committees supervise. The update ordinances that address development regulations or change language in the zoning code will first be brought to Planning Commission on November 5th, before going to LUTe on November 17th. Update ordinances addressing issues involving police and parks will go to the PRHSP committee on November 10th. Update ordinances addressing issues with financial and business code updates will go to FEDRAC on November 25th. Lastly each update will be presented before the full Council for first reading on December 2nd and second reading on December 16th. A final reorganization resolution will track the updates, going to each council committee. The resolution will correct organizational and technical errors found in the draft reorganization and authorize the reorganization to be finalized. It will be presented on December 16th with the second reading of the update ordinances. All Committees Final Reorganization Resolution This resolution directs the correction or reorganization of the draft reorganization in areas such as citation references, numbering, section names, cross references, and section placement. It recognizes the changes caused to the organization by the various update ordinances and directs that the format changes previously authorized be applied to them. It then directs publication and accepts the new Code upon publication. Land Use and Transportation Council Committee (and Plannin2 Commission) Technical Update This update corrects numbering errors, grammatical errors, redundant language, typographical errors, and corrects organization to conform to the new format. Definitions Update This update simplifies definitions; corrects typographical errors, citation errors, and corrects 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. 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. 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. Nuisance Code update This update adds sections that generally prohibit nuisances, it makes enforcement consistent, it collects and organizes nuisance provisions into the Nuisance title, and it cross- references nuisance provisions. Parks. Recreation. Cultural Services. and Police Council Committee Technical and Definitions Update This update simplifies definitions; corrects typographical errors, citation errors, and corrects 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. Animal Code Update The animal code update is not intended to change policy or make substantive changes. It will remove redundancies, clarify language, correct references, coordinate provisions, and update and coordinate the language with the County code. It includes updates to animal code definitions consistent with other definition updates. Criminal Law Update This update makes criminal penalties consistent, removes redundancies; updates provisions consistent with and coordinated with state law, including updating massage regulations and firearm provisions., It also updates criminal law definitions, and addresses the organization of the criminal provisions; moving criminal sections to the criminal code. It adds language on how to interpret and construct the language in the Code, clarifies jurisdiction, and adopts relevant state criminal procedures consistent with current practice. It specifically criminalizes no contact order provisions and probation violations, which is consistent with other provisions in the law, but is more succinct and clear. It adopts state misdemeanors generally. It authorizes bail forfeitures. It also updates SOAP provisions to be more workable and more applicable. Finance. Economic Development. and Re2ional Affairs Council Committee Technical and Definitions Update This update simplifies definitions; corrects typographical errors, citation errors, and corrects 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. Business Code update This update removes redundancies, makes language and provisions consistent, and repeals massage regulations as required by state law. State law currently preempts local massage practitioner regulations. Business Code Civil Enforcement and Procedure Update Generally makes civil enforcement, penalties, authority and procedures consistent; removes redundancies. Currently civil enforcement, whether for fines or to review licensing 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 the same code. (except for some specific areas such as alarms and drug seizures). FEDERAL WAY REVISED CODE OUTLINE COMPARISON New Federal Way Revised Code is on the left with new or changed text underlined (in red). Old Federal Way City Code is on the right in italics (in blue). Changes from draft Revised Code to phase II in fushia. FEDERAL WAY REVISED CODE Title 1 General Provisions Chapter 1.05 - Code Construction Chapter 1.10 - Criminal Enforcement of Code Chapter 1.15 - Civil Enforcement of Code Chapter 1.20 - Claims Against the City Chapter 1.25 - Appeal Procedure Chapter 1.30 - Initiative and Referendum Powers Chapter 1.35 - Annexation Title 2 Government Departments, Officials, and Employees Chapter 2.05 - Government in General Chapter 2.10 - City Council and Mavor 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 WA Y CITY CODE Chapter 1 General Provisions Chapter 1 Article I Chapter 1 Art /I Chapter 1 Art 11/ Chapter 2 Art V Chapter 2 Art VI Chapter 2 Art VI/ Chapter 19 Art /II Chapter 2 Administration Chapter 2 Art II, IV, X Chapter 2 Article IV Division 1; Chapter 2 Art I Chapter 2 Art /I Chapter 1 Art X Chapter 22 Art /I Div 3 Chapter 2 Art IV Div 4 Chapter 22 Art /I Div 4; Chapter 22 Art /I Div 5 partial FWCC 22-121 FWCC 22-122 Chapter 2 Art IV Div 2 Chapter 2 Art IV Div 3 Chapter 2 Art III Chapter 2 Art 11/ Div 1 Chapter 2 Art /II Div 2 Chapter 2 Art 11/ Div 3 Chapter 2 Art III 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 /I Chapter 22 Art /I Div 2 Chapter 7; Chapter 14 Chapter 14 Chapter 14 Art IV Div 1 Chapter 14 Art V Chapter 14 Art /I Div 2 Chapter 14 Art /I Div 3 Chapter 14 Art /I Div 4 Chapter 14 Art 11 Div 7 Chapter 14 Art JI1 Div 2; Chapter 14 Art 1/1 Div 3 Chapter 14 Art IV Div 2 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 4.1 0 - 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 Dangerous 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 660 - 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 Violations deemed Penalty for violation. Violations. Chapter 7.10 - Noise Maximum environmental noise levels. Noise level bonds. Chapter 7.15 - Graffiti Chapter 7.20 - Junk and Junk Vehicles Junk and junkyards prohibited. Chapter 7 Chapter 7 Art I Chapter 7 Art 11 Chapter 11, 13 Chapter 11; Chapter 13 Chapter 11 Art III Chapter 13 Art III Div 2 Chapter 2 Art IX Chapter 13 Chapter 13 Art IV Chapter 13 Art 11 Chapter 13 Art V Div 1, 2 Chapter 13 Art VII Chapter 13 Art VI Chapter 6 Chapter 6 Art I Chapter 6 Art 11, IV; Chapter 2 Art VIII Chapter 15 Art 11; 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 XIII 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 VIII Div 1, 2: 9-422 Chapter 10 Art 11 FWCC 22-956 FWCC 22-957 Chapter 10 Art III Chapter 15 Art V Div I FWCC 22-952 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 - Parking 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 Regulations Cruelty declared unlawful. Fowl and rabbits. Livestock. Exotic animals. Guard dogs. Unlawful acts against police department dogs - Penalty for violation. Sale or giving away of unaltered dogs and cats. Advertisements for unaltered dogs and cats. Chapter 9.15 - Animal Nuisances Chapter 9.20 - Rabies Control Chapter 9.25 - Dangerous Dogs Chapter 9.30 - Vicious Animals Chapter 9.35 -Impoundment Chapter 9.40 - Animal Licenses Chapter 9.45 - Animal Related Businesses Chapter 15 Chapter 15 Art I Chapter 15 Art VII Chapter 15 Art VIII Chapter 15 Art IX Chapter 15 Art VI Chapter 15 Art /II 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 1/ Div 1, 2, 3 FWCC 4-1 FWCC 4-2 FWCC 4-3 FWCC 4-4 FWCC 4-5 FWCC 4-6 FWCC 4-7 FWCC 4-8 FWCC 4-9 FWCC 4-16 FWCC 4-19 FWCC 4-20 FWCC 4-21 FWCC 4-22 FWCC 4-23 FWCC 4-24 FWCC 4-25 FWCC 4-26 FWCC 4-27 Chapter 4 Art I (partial) FWCC 4-10 FWCC 4-11 FWCC 4-12 FWCC 4-13 FWCC 4-14 FWCC 4-15 FWCC 4-17 FWCC 4-18 Chapter 4 Art V Chapter 4 Art VI/ Chapter 4 Art IV Chapter 4 Art VI Chapter 4 Art VIII Chapter 4 Art III Chapter 9 Art IV Div 1, 2, 3 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 Regulations Chapter 11.25 - Solid Waste Collection Companies Chapter 11.30 - Solid Waste Rates. Charqes. and Billing Procedures Surface Water Utility Chapter 11.35 - Surface Water Utility in General Chapter 11.40 - Surface Water Policy Chapter 11.45 - Surface Water Rates and Charqes Chapter 11.50 - Surface Water Billing 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 Buildin~s BuildinQs and Building ReQulations Chapter 13.05 - Buildings in General Chapter 13.10 - Buildinq Requlations Administration Chapter 13.15 - Building Construction Standards Chapter 13.20 - Five-Story Wood Frame Buildings Chapter 13.25 - Plumbing Code Chapter 13.30 - Mechanical Code Chapter 13.35 - Existing Buildings Chapter 13.40 - Swimming Pools - Hot Tubs - Spas Chapter 13.45 - Moving Buildings Chapter 13.50 - Electrical Code Chapter 13.55 - Fire Code Fire Prevention ~lnd Protection Chapter 13.55 Fire Prevention in General Chapter 13.60 Fire Pre'/ention Administration Chapter 13.65 Fire Code Chapter 13.70 Fire .^.Iarms and Sprinkler Systems Chapter 13.75 Smoke Detectors Chapter 12, 16 Chapter 16 Art /I Div 2 Chapter 9 Art I XI Chapter 12 Chapter 12 Art I Chapter 12 Art /I Chapter 12 Art 11/ Chapter 12 Art IV Chapter 16 Art 11/ Chapter 16 Art //I 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 /I 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 V/I Div 1, 2 Chapter 9 Art VII/ Div 1, 2 Ch3pter 9 /lrt IX Div 1, 2, 3. 1 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 /I Chapter 5 Art 11/ Chapter 5 Art IV Chapter 5 Art V Chapter 5 Art VI Chapter 5 Art VII Chapter 5 Art VII/ Chapter 5 Art IX Chapter 5 Art X Chapter 5 Art XI Chapter 8 Chapter 8 Art I, Chapter 8 /lrt /I Div 1 Chapter 8 Art J! Div 2 Chaptor 8 Art 1/ D:v 3 Ch:Jpter 8 Art fJ Div 1 Chapter 8 lirt II! Title 14 Environmental Policy Chapter 14.05 - Environmental Policy in General Chapter 14.10 - Environmental Policy Administration Chapter 14.15 - Categorical Exemptions I Threshold Determinations Chapter 14.20 - Environmental Impact Statement Chapter 14.25 - Environmental Policy Statement Chapter 14.30 - Critical Areas Title 15 Shoreline ManaQement Chapter 15.05 - Shoreline Management Title 16 Surface Water Management Surface. Water Management Chapter 16.05 - Surface Water Manaqement in General Chapter 16.10 - Administration and Enforcement Chapter 16J5 - 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 Quality and Enforcement Erosion and sedimentation regulation. 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 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 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 III Div 1, 2 Chapter 18 Art /1/ 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 /1/ Div 2 Chapter 21 Art IV Chapter 21 Art IV Div 1, 4; Chapter 22 Art X/II Div 12 partial ,t=WCC 22918 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 11 Div 2 Chapter 20 Art /I Div 2 Chapter 20 Art /I Div 3 Chapter 20 Art 11 Div 5, 6, 7 Chapter 20 Art 11 Div 8 Chapter 20 Art 11 Div 9 Chapter 20 Art 11 Div 10 Chapter 20 Art 11 Div 11 Chapter 20 Art 11 Div 12 Chapter 20 Art 1/1 Chapter 20 Art IV Chapter 18.65 - Public Improvement Assessments Title 19 Zoning and Development Code Administration Chapter 19.05 - Zoninq and Development in General Chapter 19.10 - Enforcement Zoning citation. Civil enforcement. Chapter 19.15 - Permits and Review Processes Chapter 19.20 - Permits and Certificate of Occupancy Chapter 19.25 - Bonds Chapter 19.30 - Nonconformance Chapter 19.35 - Amendments Development Process Chapter 19.40 - Preapplication Process Chapter 19.45 - Variances Chapter 19.50 - Interpretations Chapter 19.55 - Process I - Director's Approval Chapter 19.60 - Process 11- 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 Mitiaation 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 Regulations Building site. Essential public facilities. Lighting regulation Limitations on Development Activities and Heavy Equipment Operations Chapter 19.110 - Density 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. Increases to single-story construction limits - City center core/frame. - Chapter 19.115 - Community Design Guidelines Chapter 19.120 - ClearinQ, Gradinq, and Tree and VeQetation Retention Planting requirements for certain trees. Chapter 19.125 - Outdoors. Yards, and Landscaping P13nting requirements for cort3in trees. Chapter 20 Art V Chapter 22 Chapter 22 Art I, II Chapter 22 Art I Chapter 22 Art II Div 5 partial FWCC 22-128 FWCC 22-129 Chapter 22 Art II 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. 8 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 1/ 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 FWCC 22-977 Chapter 22 Art XIX Chapter 22 Art XIII Div 7 FWCC 22-962 Chapter 22 Art XI/I Div 4, 8 partial, 9 partial; Chapter 22 Art XVII FWCC 22 962 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 Zoninq Requlations Chapter 19.190 - General Zoning Regulations Chapter 19.195 - Suburban Estate (SE) Chapter 19.200 - Single-Family Residential (RS) Chapter 19.205 - Multifamily Residential (RM) Chapter 19.210 - Professional Office (PO) Chapter 19.215 - Neighborhood Business (BN) Chapter 19.220 - Community Business (BC) Chapter 19.225 - City Center-Core (CC-C) 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) Supplemental Zoninq Regulations 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. 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 Chapter 22 Art XII Chapter 22 Art XIII Div 1 partial FWCC 22-966 FWCC 22-967 FWCC 22-968 FWCC 22-969 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 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