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ORD 10-653ORDINANCE NO. 10 -653 AN ORDINANCE of the City of Federal Way, Washington, relating to short subdivision notice requirements; amending FWRC 18.30.080. (Amending Ordinance No. 07 -554.) WHEREAS, the City recognizes the need to periodically modify Title 18 "Subdivisions," of the Federal Way Revised Code (FWRC) in order to conform to state and federal law; codify administrative practices; clarify and update subdivision regulations as deemed necessary; and improve the efficiency of the regulations and the development review process; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 18 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 19.35 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt a new amendment for the FWRC which establishes development regulations that reduces the number of onsite short subdivision public notices from three to one onsite notices within the City of Federal Way; and WHEREAS, an Environmental Threshold Determination was not necessary as the amendment is related solely to governmental procedures and therefore, categorically exempt from the State Environmental Policy Act; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on February 17, 2010, and forwarded a recommendation of approval; �1 WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council considered these code amendments on March 1, 2010, and recommended adoption of the text amendments as recommended by the Planning Commission; Ordinance No. 10 -653 Page 1 of 4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendment. (a) This code amendment is in the best interest of the residents of the City and will benefit the City as a whole by reducing duplicative notice posting and unnecessary use of staff time and resources. (b) This code amendment complies with Chapter 36.70A RCW, Growth Management. (c) This code amendment is consistent with the intent and purpose of Title 19 FWRC and will implement and is consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) This code amendment bears a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) This code amendment has followed the proper procedure required under the FWRC. Section 2. Conclusions. Pursuant to chapter 19.80 FWRC and chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendment is consistent with, and substantially implements the following Federal Way Comprehensive Plan goals and policies: LUP4 — Maximize efficiency of the development review process. Ordinance No. 10 -653 Page 2 of 4 LUP6 — Conduct regular reviews of the development regulations to determine how to improve upon the permit review process. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it will remove duplicative land use notice signs on properties within the city, while still meeting public notice requirements. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because reduces costs associated with duplicative sign posting. Section 3. FWRC 18.30.O8O(2)(b) is hereby amended to read as follows: At least Offee eepies A cony of the notice will be conspicuously posted e near •• the ° eet pmpeAy. Of these, M least ene will be posted en or- adjaeeat te every 500 lineal feet of property adjoining a public right -of -way_ providing e l oess to any propefty t M abi Section 4. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 5. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener /clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 6. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Ordinance No. 10 -653 Page 3 of 4 Section 7. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this 6 th day of April, 2010. CITY OF FEDERAL WAY W•" LINDA • ATTEST: • ' • :oi APPROVED AS TO FORM:. WPM= CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 3 -9 -2010 PASSED BY THE CITY COUNCIL: 4 -6 -2010 PUBLISHED: 4 -10 -2010 EFFECTIVE DATE: 4 -15 -2010 ORDINANCE NO.: 10 -653 Ordinance No. 10 -653 Page 4 of 4