ORD 14-760ORDINANCE NO. 14 -760
AN ORDINANCE of the City of Federal Way, Washington, relating to
final administrative decisions of the City; amending sections 19.70.010,
19.70.050, 19.70.060, 4.30.110, 11.45.100, 14.10.060, 18.35.010, 18.35.080,
18.35.090, 18.35.170, 18.35.190, 18.35.200, 18.35.220 and repealing
sections 18.35.180 19.70.170, 19.70.180, 19.70.200, 19.70.210, 19.70.220,
19.70.230, 19.70.250, of the Federal Way Revised Code.
WHEREAS, the City recognizes the need to periodically modify Title 19 of the Federal
Way Revised Code (FWRC), "Zoning and Development Code," in order 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, several places within the FWRC the Council is designated as the final
appellate body for handling administrative appeals;
WHEREAS, in its role as the final appellate body, Council is limited in engaging the
public on matters that may be administratively appealed;
WHEREAS, State law authorizes the City's hearing examiner to be the final appellate
body and make final administrative decisions;
WHEREAS, a survey of Washington cities demonstrate that a large number of cities use
the hearing examiner as the city's final appellate body and final decision maker;
WHEREAS, the City's State Environmental Policy Act ( "SEPA ") Responsible Official
has determined that the proposed amendments are procedural in nature and therefore
categorically exempt from SEPA review;
WHEREAS, the Land Use /Transportation Committee of the Federal Way City Council
considered these code amendments on February 3, 2014, and recommended adoption.
Ordinance No. 14 -760 Paged of 17
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. FWRC 19.70.010 is hereby amended as follows:
19.70.010 Administration
Various places 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 chapter describes process IV.
All development applications subject to this process and also subject to the requirements of
Chapter 19.115 FWRC, 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 section shall
be decided at the same time as and in conjunction with the process IV review. If the
development, use or activity that requires approval through process II or III is part of a proposal
that also requires approval through process IV, the entire proposal will be decided upon using
process IV, if the director determines that will result in more efficient decision making.
Under process IV the hearing examiner will make the initial final decision following a public
hearing.
36.70C RQA4
Section 2. FWRC 19.70.050 is hereby amended as follows:
19.70.050 Official file.
(1) Contents. The director shall compile an official file on the application containing the following:
(a) All application materials submitted by the applicant.
(b) The staff reports.
(c) All written comments received on the matter.
(d) The electronic recording of any public hearing on the matter.
(e) The decision of the hearing examiner.
(f) If the den-is;ieR ef the he keF is , the following will be
6R the #ilea
Ordinance No. 14 -760 Page 2 of 17
I-) Any other information relevant to the matter, including any agency decision and
notice of appeal.
(2) Availability. The official file is a public record. It is available for inspection and copying in the
department during regular business hours.
Section 3. FWRC 19.70.060 is hereby amended to read as follows:
19.70.060 Notice.
(1) Contents. The director shall prepare the following notices as applicable:
(a) Notice of application. A notice of application shall contain:
(i) The name of the applicant and, if applicable, the project name and file
number.
(ii) The date of application, the notice of completion, and the notice of
application.
(iii) The street address of the subject property or, if this is not available, a
description of the location of the property in nonlegal language. Except for
notices published in the 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 title 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.
(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 36.706.040.
(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:
Ordinance No. 14 -760 Page 3 of 17
(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.
(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 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 be 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 shall distribute the notice of public hearing
at least 14 calendar days before the hearing in the same manner as the notice of
application except no posting needs to be done on or near the subject property.
Ordinance No. 14 -760 Page 4 of 17
(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 applicant shall erect at
least one public notification sign which complies with standards developed by the department
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 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 of the city on the matter.
Section 4. FWRC 19.70.170 is hereby repealed:
19.7-0.170 Appeals of the heaFing examiineFls dersision.
(G) The appellant's name, addFeSS telephone n, i mher and f X nU MbeF, and any
Ordinance No. 14 -760 Page 5 of 17
ZAAM
Ordinance No. 14 -760 Page 5 of 17
Section 5. FWRC 19.70.180 is hereby repealed:
Section 6. FWRC 19.70.200 is hereby repealed:
.
Ordinance No. 14 -760 Page 6 of 17
Section 7. FWRC 19.70.2 10 is hereby repealed:
heaF*Rg.
Section 8. FWRC 19.70.220 is hereby repealed:
(1) The staff renorl on appeal;
Ordinance No. 14 -760 Page 7 of 17
of the hea rinn a fu FtheY of that hearing
be given
RetiGe Reed
Section 8. FWRC 19.70.220 is hereby repealed:
(1) The staff renorl on appeal;
Ordinance No. 14 -760 Page 7 of 17
Section 9. FWRC 19.70.230 is hereby repealed:
Section 10. FWRC 19.70.250 is hereby repealed:
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Ordinance No. 14 -760 Page 8 of 17
Section 11. FWRC 4.30.110 is hereby amended to read as follows:
4.30.110 Appeals.
(1) Appeal period. An applicant for a permit under this chapter must appeal any decision denying
or revoking the permit within 14 days of issuance of the notice of the denial or revocation, by
filing a notice of appeal with the city clerk. Upon receipt by the city clerk of the notice of appeal, a
hearing shall be held before a hearing examiner designated by the city. Notice of the hearing
shall be given to the appellant at least 10 days prior to the hearing. At the hearing the appellant
shall be entitled to be heard and introduce evidence on his or her own behalf.
(2) Decision of the hearing examiner. The decision of the hearing examiner shall be rendered
within five days of the close of the hearing. The decision shall be in writing and shall set forth the
findings and reasons for the decision, and the applicant shall be notified in writing. The decision
of the hearing examiner is final uRless appealed, withiR 14 days of issuaRGe, to the Gity GGUAG41,
by filing a new n9tiGe of appeal with the Gity G!eFk.
Section 12. FWRC 11.45.100 is hereby amended to read as follows:
11.45.100 Request for rate adjustments — Appeal.
Decisions of the public works director on requests for rate adjustments shall be final unless,
within 30 days of the date the decision was mailed, the applicant submits in writing to the public
works director a notice of appeal setting forth a brief statement of the grounds for appeal and
requesting a hearing before the si#y Ge+Rsil hearing examiner.
Section 13. FWRC 14.10.060 is hereby amended to read as follows:
14.10.060 Administrative appeals.
(1) Any interested party may appeal to the hearing examiner a threshold determination, a
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 SEPA with any hearing or appeal on the
underlying action in a single simultaneous hearing before one hearing officer, except for appeals
of a determination of significance; appeals of a procedural determination made by an agency
when the agency is the project proponent, or is funding the project; and appeals of a procedural
determination made by an agency on a nonproject action; and appeals te the Gity GGuRril. The
appeal shall be conducted under the provisions of process IV; provided, that the notice
distribution requirements of process IV shall be replaced with the notice distribution
requirements of FWRC14.10.040.
Ordinance No. 14 -760 Page 9 of 17
MIN
Section 12. FWRC 11.45.100 is hereby amended to read as follows:
11.45.100 Request for rate adjustments — Appeal.
Decisions of the public works director on requests for rate adjustments shall be final unless,
within 30 days of the date the decision was mailed, the applicant submits in writing to the public
works director a notice of appeal setting forth a brief statement of the grounds for appeal and
requesting a hearing before the si#y Ge+Rsil hearing examiner.
Section 13. FWRC 14.10.060 is hereby amended to read as follows:
14.10.060 Administrative appeals.
(1) Any interested party may appeal to the hearing examiner a threshold determination, a
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 SEPA with any hearing or appeal on the
underlying action in a single simultaneous hearing before one hearing officer, except for appeals
of a determination of significance; appeals of a procedural determination made by an agency
when the agency is the project proponent, or is funding the project; and appeals of a procedural
determination made by an agency on a nonproject action; and appeals te the Gity GGuRril. The
appeal shall be conducted under the provisions of process IV; provided, that the notice
distribution requirements of process IV shall be replaced with the notice distribution
requirements of FWRC14.10.040.
Ordinance No. 14 -760 Page 9 of 17
(2) Appeals are subject to the provisions of WAC 197 -11- 680(3), and the restrictions in RCW
36.706.050 and 36.706.060 that local governments provide no more than one open record
hearing and one closed record appeal for permit decisions.
(3) 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 nonsignificance 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.
Section 14. FWRC 18.3 5.010 is hereby amended to read as follows:
18.35.010 General procedure.
The general procedure for processing an application for a subdivision is Gensists of seVeR steps
as follows:
(1) A preapplication conference between the proponent and city staff to discuss land use, site
design, transportation, and environmental issues if the applicant requests it;
(2) Review of the preliminary plat application by the city staff to determine whether or not the
application is acceptable for filing;
(3) Review of the proposed preliminary plat by the responsible official in order to ensure
compliance with the State Environmental Policy Act, RCW 43.21 C.010 et seq., the
environmental policy, FWRC Title 14, and impact mitigation, Chapter 19.100 FWRC;
(4) Submission of the proposed preliminary plat along with the comments or recommendations
of interested departments or agencies to the hearing examiner for public hearing;
(5)'
(65) Review of the final plat by the city staff and the Lakehaven utility district;
q4 &hApproval of the final plat for recording as indicated by the signature of the mayor thereon;
(9) M Preliminary plat certificate not less than 90 days old from a licensed title insurance
company;
(19) LEAdditional information as required at the discretion of the director of community
development services.
Section 15. FWRC 18.35.080 is hereby amended to read as follows:
18.35.080 Official file.
(1) Contents. The director of community development services shall compile an official file on the
application containing the following:
Ordinance No. 14 -760 Page 10 of 17
(a) All application materials submitted by the applicant.
(b) The staff report.
(c) All written comments received on the matter.
(d) The electronic recording of the public hearing on the matter.
(e) The FeGGmmend decision of the hearing examiner.
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{h) Any other information relevant to the matter.
(2) Availability. The official file is public record. It is available for inspecting and copying in
department of community development services during regular business hours.
Section 16. FWRC 18.35.090 is hereby amended to read as follows:
18.35.090 Notice of application.
(1) Contents. Within 14 days of the letter of completeness being issued, the director of
community development services shall prepare and publish a notice of application within the
local newspaper of general circulation. The notice of application shall contain the following:
(a) The name of the applicant and, if applicable, the project name.
(b) The street address of the subject property or, if this is not available, a locational
description in nonlegal language. Except for notice published in the newspaper of
general circulation in the city, the notice must also include a vicinity map that
identifies the subject property.
(c) The citation of the provision of this title describing the applied -for decision and,
to the extent known by the city, any other permits which are not included in the
application.
(d) A brief description of the requested decision.
(e) A list of the project permits included in the application and, if applicable, a list of
all required studies submitted with the application.
(f) The date of application, the date of the notice of completion of the application,
and the date of the notice of the application.
(g) A statement that notification of the public hearing date will occur approximately
15 days prior to the scheduled hearing date.
(h) A statement of the availability of the official file.
Ordinance No. 14 -760 Page 11 of 17
(i) A statement of the right of any person to submit written comments to the hearing
examiner and appear at the public hearing of the hearing examiner to give
comments orally.
U) A staterneRt that nnhi p. FSE)-.;' S WhO submit writ ten 9r era' nr)mmeRtS tG the
heaFiRg evnminer m anneal the rite GG Innil'S final deniciGn en the matter
(k) The identification of existing environmental documents that evaluate the
proposed project and the location where the application and any studies can be
reviewed.
(4) L�LA 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 36.706.040.
(2) Distribution. The director of community development services shall distribute this notice 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) If the owner of the property which is proposed to be subdivided owns another
parcel, or parcels, of property which lie adjacent to the property proposed to be
subdivided, notice of application shall be given to owners of property located within
300 feet of any portion of the boundaries of such adjacently located parcels of
property owned by the owner of the property proposed to be subdivided.
(c) A copy shall be mailed to appropriate city or county officials if the proposed plat
lies within one mile of an adjoining city or county boundary.
(d) A copy shall be mailed to all agencies or private companies who received
copies of the preliminary plat pursuant to FWRC 18.35.040.
(e) Notice shall be mailed to the State Department of Transportation if the proposed
plat abuts a state highway.
(f) A copy will be published in the official daily newspaper of the city.
(g) A copy will be posted on each of the official notification boards of the city and at
public libraries within 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. 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.
Ordinance No. 14 -760 Page 12 of 17
(4) Timing. The public notification sign or signs must be in place at least 14 calendar days after
the letter of completeness has been issued, and removed within seven calendar days after the
final decision of the city on the matter.
Section 17. FWRC 18.35.170 is hereby amended to read as follows:
18.35.170 ReGernmendatmon Decision by the hearing examiner.
(1) Generally. After considering all of the information and comments submitted on the matter, the
hearing examiner shall issue a written decision .
(2) Timing. Unless a longer period is mutually agreed to by the applicant and the hearing
examiner, the hearing examiner must issue the decision FeG9FRFnend not later than 10
working days following conclusion of all testimony and hearings.
(3) Decisional criteria. The hearing examiner shall use the following criteria in reviewing the
preliminary plat and may grant Fesemmend approval of the plat t9 Gity G96IRG4 if:
(a) It is consistent with the comprehensive plan;
(b) It is consistent with all applicable provisions of the title, including those adopted
by reference from the comprehensive plan;
(c) It is consistent with public health, safety, and welfare;
(d) it is consistent with criteria listed in FWRC 18.05.020; and
(e) It is consistent with the development standards listed in Chapter 18.55 FWRC,
and FWRC 18.60.030 through 18.60.120.
(4) 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.
(5) Contents. The hearing examiner shall include the following in the written decision
(a) A statement of facts presented to the hearing examiner that supports his or her
decision FeGGmFnend including any conditions and restrictions tha# -are
FeG9mmended.
(b) A statement of the hearing examiner's conclusions based on those facts.
(c) A statement of criteria used by the hearing examiner in making the decision
(d) The date of issuance of the decision FersemmendatieR.
Ordinance No. 14 -760 Page 13 of 17
Section 18. FWRC 18.35.180 is hereby repealed as follows:
118011 "W"I'l 1W
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pFelffiminaFy plat Of.
(a) The GhaRge MI Ret have the effeGt Of OAG.FeasiRg the Fesidential density of the
Ordinance No. 14 -760 Page 14 of 17
r�snzr.
pFelffiminaFy plat Of.
(a) The GhaRge MI Ret have the effeGt Of OAG.FeasiRg the Fesidential density of the
Ordinance No. 14 -760 Page 14 of 17
Section 19. FWRC 18.35.190 is hereby amended to read as follows:
18.35.190 Notice of decision on preliminary plat application.
(1) General. Following the preliminary decision by the hearing examiner s+ty-setRsil, the director
of community development services shall prepare a notice of the hearing examiner's eity
seUasit's decision on the preliminary plat application.
(2) Distribution. Within 10 working days after the hearing examiner's eityGeeesi"s decision is
made, the director of community development services shall distribute a copy of the notice of the
final decision as follows:
(a) A copy will be sent to the applicant.
(b) A copy will be sent to any person who submitted written or oral comments to the
hearing examiner.
(c) A copy will be sent to each person who has specifically requested it.
(3) Contents. The director of community development services shall include in the notice of the
final decision the following:
(a) A statement of any threshold determination made under the State
Environmental Policy Act, Chapter 43.21 C RCW.
(b) A statement that affected property owners may request a change in valuation
for property tax purposes notwithstanding any program of revaluation.
Section 20. FWRC 18.35.200 is hereby amended to read as follows:
18.35.200 Effect of decision.
(1) Final decision. The hearing examiner's Gel's decision shall be the city's final decision
on the preliminary plat application.
(2) Effect on applicant. Prior to construction of improvements pursuant to preliminary plat
approval, engineering drawings for public improvements shall be submitted for review and
approval to the department of public works and the Lakehaven utility district and city of Tacoma
public utilities department. The applicant may not engage in any activity based on the decision,
including construction or site work, until final approval of all engineering and utility plans,
including storm drainage, the payment of all pertinent fees, the submittal of performance and
maintenance securities as may be required, and a preconstruction meeting has been held.
Ordinance No. 14 -760 Page 15 of 17
(3) Effect on city. Approval of the preliminary plat by the hearing examiner ^;+euesil shall
constitute acceptance of subdivision layout and design and shall include all conditions,
restrictions, and other requirements adopted by the hearing examiner GeuRGil as part of plat
approval. Hearing examiner City GGunSia approval of a preliminary plat shall not constitute
approval for land clearing or grading, vegetation removal, or any other activities which otherwise
require permits from the city.
Section 21. FWRC 18.35.220 is hereby amended to read as follows:
18.35.220 Duration of approval.
Preliminary plat approval shall expire five years from the date of hearing examiner city GGURGil
approval, unless the applicant requests an extension as provided in FWRC 18.05.090.
Section 22. 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 any one or more
sections, subsections, sentences, clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 23. 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 24. Ratification. Any act consistent with the authority and prior to the effective
date of this ordinance is hereby ratified and affirmed.
Section 25. 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.
Ordinance No. 14 -760 Page 16 of 17
PASSED by the City Council of the City of Federal Way this 4th day of March, 2014.
CITY OF FED�E' f WAY
FERRELL
ATTEST: V
CITY CLERK, CAROL M EILLY, C C
APPROVED AS TO FORM:
CITY ATTORNEY, PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 2/11/2014
PASSED BY THE CITY COUNCIL: 3/4/2014
PUBLISHED: 3/7/2014
EFFECTIVE DATE: 4/7/2014
ORDINANCE NO.: 14 -760
Ordinance No. 14 -.760 Page 17 of 17