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ORD 10-673ORDINANCE NO. 10-673 AN ORDINANCE of the City of Federal Way, Washington, relating to clarifying the complete application and review standards of the zoning and development code; amending FWRC 19.15.045 and FWRC 19.15.030. (Amending Ordinance Nos. 09-625, 09-594, 07-573 and 00-375) WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal Way Revised Code (FWRC), "Zoning and Development Code," in arder to conform to state and federal law, codify administrative practices, clarify and update zoning 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 19 FWRC, has complied with Process VI review, chapter 19.80 FWRC, pursuant to chapter 1935 FWRC; and WHEREAS, it is in the public interest for the City Council to adopt language that clarifies which applications are subject to completeness review standards within the City of Federal Way; and WHEREAS, the amendment reflects that Process I, II, III, and N land use processes are subject to completeness standards; and WHEREAS, the amendment documents that completeness review for Process I and Process II applications is conducted `over the counter' and is expedited so that an applicant can receive a"notice of completeness" at intake; and WHEREAS, completeness review for Process III and N applications occurs during Development Review Committee (DRC) deliberations which are scheduled within 28 days of application submittal; and WHEREAS, in order to maintain consistent definitions and terms throughout the FWRC, a "housekeeping" amendment to replace the term "sensitive" areas with the term "critical" areas and eliminate reference to the term "significant trees" in FWRC 19.15.030(1)(fl is proposed; and Ordinance No. 10-673 Page 1 of 5 WHEREAS, the Proposal is categarically exerript from environmental review under the State Environmental PolicyAct (SEPA) pursuant to WAC 197-11-800(20); and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on August 25, 2010, and farwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use/Transportation Committee of the Federal Way City Council considered these code amendments on September 20, 2010, and recommended adoption of the text amendments as recommended by the Planning Commission. 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 amendments. (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by clarifying what projects are subject to completeness review and removing inconsistent language. (b) These code amendments comply with Chapter 36.70A RCW, Growth Management. (c) These code amendments are consistent with the intent and purpose of Title 19 FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (d) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. (e) These code amendments have 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 �ndings 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: Ordinance No. 10-673 Page 2 of S (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUP4 Maximize efficiency of the development review process. EDPIS The City will continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses in the City. HP9 Maximize efficiency in the City's development review process and ensure that unnecessary time delays and expenses are eliminated. Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWCC, and that has no adverse impacts. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it clarifies that projects are subject to complete application standards, provides certainty to an applicant, and increases the efficiency of the development review processes. (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because clarity in the application process results in continued development within the City thus aiding the local economy. Section 3. FWRC 19.15.045 is hereby amended to read as follows: 19.15.045 Completeness of applications. (1) Use Process I and Use Process II. At the time of intake of a complete use process I or use process II a�plication a notice of completeness as referenced in FWRC 19.15.040 shall be provided to the applicant. This notice shall indicate the date the a�plication is deemed complete. If the city determines that the use process I or use process II application is incomplete, the City shall notif t�pplicant of what needs to be submitted for a complete use process I or use process II a�plication. �x'�+'�� ' � '� '�"":rvri-cvci'v'iri�-airuppii^cuci^oiz� iii��:� � . . . � > > > +�.o ,.�; ,,. „�..,,�„+.,00a� +,,,�o ,,,.,r;��oa � �o,o ��; „�� ., In the notice of �.��.. application, if required, *'��� «�-�'*°� a°+°- the city shall also identify, to the extent known to the city, the other agencies of local, state, or federal government that may have jurisdiction over some aspect of the proposed development activity. (2) Use Process III or Use Process IV. Within 28 calendar days of receiving an application for use process III or use process N the city shall determine whether the a�plication Ordinance No. 10-673 Page 3 of 5 is complete as referenced in FWRC 19.15.040. If found to be complete, prior to the 28-dav deadline a letter of completeness shall be issued indicating the date the use process III or use process N application is deemed complete. If the city determines the application to be incomplete �rior to the 28-dav deadline the city shall notify the applicant of what needs to be submitted for a complete use process III or use process IV application. In this written determination the city sha11 also identify to the extent known to the city, the other agencies of local state or federal government that ma over some aspect of the proposed development activit� If the use process III ar use process N� application was found incomplete and an applicant submits additional information, the city shall notify the applicant in writing within 14 days, the date the application is deemed 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. (4) Vesting. A proposed use process I, II, III, or N application shall vest to and be considered under the zoning code and other land use control ordinances in effect on the land at the time a fully completed application for use process I, II, III, or N has been submitted to the city. In the event that the application is deemed incomplete, the use process I, II, III, or N application shall vest to those codes in effect on the date that all requested supplemental or specific information is submitted. A complete application shall be defined as set forth in FWRC 19.15.040 and based on requirements in related handouts. Vested rights shall not be waivable pursuant to the vested rights doctrine. Section 4. FWRC 19.15.030 is hereby amended to read as follows: 19.15.030 Review processes for improvements and additions to developed sites. Improvements and/or additions to existing developed sites shall be subject to land use review processes as follows: (1) Process I. Improvements and/ar additions to an existing developed site that are exempt from SEPA shall be processed using process I, provided the improvements and/or additions do not exceed any of the following thresholds: (a) There is no change of use. (b) There is no reduction in the amount of required landscaping, buffering, open space, ar public areas. (c) There is no material change or reduction in the amount of required parking. (d) There is no material change in the location of utilities, easements, or pedestrian connections. (e) There is no material change to the approved architectural design. (fl There are no additional adverse impacts to ��� critical areas_ ^r �����'���+'�-°°°. (2) Process II. Improvements and/or additions to an existing developed site that are exempt from SEPA and exceed the thresholds in subsection (1) of this section shall be processed using process II. (3) Improvements not exempt from SEPA. Improvements and/or additions to an existing developed site that are not exempt from SEPA shall be processed under process III, unless process N is indicated by the applicable use zone chart in which case process N shall be used. Ordinance No. 10-673 Page 4 of 5 Section 5. 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 ardinance, or the validity of its application to any other persons or circumstances. Section 6. 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 7. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 8. 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 19th day of October, 2010. CITY OF FEDERAL WAY J��-�-�-. MA OR, LINDA OCHMAR ATTEST: CITY CLERK, CAROL CNEI LY, CMC APPROVED AS TO FORM: `���• 7��.�.�.�. CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: 9-28-2010 COLTNCIL BILL NO. 553 PASSED BY THE CITY COIJNCIL: 10-19-2010 PUBLISHED: 10-23-2010 EFFECTIVE DATE: 10-28-2010 ORDINANCE NO.: 10-673 Ordinance No. 10-673 Page 5 of 5