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ORD 15-791 ORDINANCE NO. #15-791 AN ORDINANCE of the City of Federal Way,Washington, relating to the regulation of Adult Family Homes; amending FWRC 19.105.080 (Amending Ordinance No. 09-605). 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 current 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 19.35 FWRC; and WHEREAS, RCW 35.63.220 states that cities may not enact or maintain an ordinance, development regulation,zoning regulation or official control,policy,or administrative practice that treats a residential structure occupied by persons with handicaps differently than a similar structure occupied by a family or other unrelated individuals; and WHEREAS, "handicaps"are as defined in the Fair Housing Amendments Act of 1988, 42 U.S.C. 3602; and WHEREAS,portions of FWRC 19.105.080(1),(4),(7),and(8)appear to conflict with RCW 35.63.220; and WHEREAS,it is in the public interest for the City Council to adopt amendments to FWRC 19.105.080, which regulates adult family homes; and Ordinance No. 15-791 of 6 Page 1 o S WHEREAS, the proposed FWRC text amendments bear a substantial relationship to the public health,safety,and general welfare because it brings the FWRC into compliance with statutory requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601-19; and WHEREAS,the portions of FWRC 19.105.080 that appear to conflict with RCW 35.63.220 have never been enforced by the City and the proposed FWRC text amendment codifies the City's current practices regarding the regulation of adult family homes; and WHEREAS, the proposed FWRC text amendments result in no substantive changes respecting use or modification of the environment and are therefore categorically exempt from compliance with the State Environmental Protection Act pursuant to FWRC 14.15.020 and WAC 197-11-800(19); and WHEREAS, the Planning Commission conducted a public hearing on these code amendments on March 4, 2015, and forwarded a recommendation to the Land Use and Transportation Committee of the Federal Way City Council; and WHEREAS,the Land Use and Transportation Committee considered these code amendments on April 6,2015,and recommended adoption of the text amendments as recommended by staff and the Planning Commission; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FE DERAL 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. Ordinance No. 15-791 Page 2 of 6 (a) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by bringing the City's code regulating adult family homes into compliance with state law. (b) These code amendments comply with the Growth Management Act,Chapter 36.70A RCW. (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 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 amendments are consistent with,and substantially implement, the Federal Way Comprehensive Plan by ensuring that the FWRC complies with state and federal law. (b) The proposed FWRC amendment bears a substantial relationship to the public health, safety, and welfare because it because it brings the FWRC into compliance with statutory requirements for adult family homes pursuant to RCW 35A.63.240 and 42 U.S.C. 3601-19. Ordinance No. 15-791 Page 3 of 6 (c) The proposed amendment is in the best interest of the public and the residents of the City of Federal Way because it removes apparent conflicts with RCW 35.63.220. Section 3. FWRC 19.105.080 is hereby amended to read as follows: 19.105.080 Adult family homes. Adult family homes are residential uses that are permitted in any zoning district where residential uses are permitted; provided, that they meet all of the following criteria: {1) The use must be operated as part of a principal residential-use. L11{2) The use must be licensed by the state, if required. (2){ )All city licensing, zoning, building, housing, and fire regulations applicable to the underlying type of housing in which the use exists (i.e., single family residence, multifamily residence, etc.) must be met. 3j{i1) Lot size, building size, setbacks, and lot coverage must conform to those applicable to the zoning district of the subject property except if the structure is legally nonconforming. If the lot or ew revi rcc�cvr: (4){5) No more than two persons who are not residents of the dwelling unit may be employed or work in the adult family home at any one time. (5)(6)One off-street parking space must be provided for each nonresident employee or worker in addition to the spaces required by the zoning district for the residential use. {8) Only those interior alterations customary to residcntial use shall be made. Section 4. 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 Ordinance No. 15-791 Page 4 of 6 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 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. Section 7.Effective Date. This ordinance shall take effect and be in force five(5)days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this 5th day of May, 2015. CITY OF FEDERAL WAY dOP ,AY•R, JIM FERRELL ATTEST: /I. . .�Iu./illi CITE E , STEPHANIE COI ' EY, CMC APPROVED AS TO FORM: Ordinance No. 15-791 Page 5 of 6 `4"4 " CITY A RNEY, AMY JO PEARSALL FILED WITH THE CITY CLERK: 04/17/2015 PASSED BY THE CITY COUNCIL: 05/05/2015 PUBLISHED: 05/08/2015 EFFECTIVE DATE: 05/14/2015 ORDINANCE NO.: 15-791 Ordinance No. 15-791 Page 6 of 6