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Planning Comm PKT 10-17-2007 City of Federal Way PLANNING COMMISSION October 17, 2007 City Hall 7:00 p.m. Council Chambers AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES April 18, 2007 &September 19,2007 4. AUDIENCE COMMENT 5. ADMINISTRATIVE REPORT 6. COMMISSION BUSINESS • STUDY SESSION Federal Way City Code (FWCC) Reorganization 2008 Planning Commission Work Program 7. ADDITIONAL BUSINESS 8. AUDIENCE COMMENT 9. ADJOURN Commissioners City Staff Hope Elder, Chair Dini Duclos, Vice-Chair Greg Fewins, CDS Acting Director Dave Osaki William Drake Margaret Clark,Senior Planner Merle Pfeifer Lawson Bronson E. Tina Piety,Administrative Assistant Wayne Carlson Kevin King(Alternate) 253-835-2601 n�'i+'c r�nJli<rlri�1(ty_'frt'-t'�rrn K\Planning Commission\2007\Agenda 10-17-07 doc CITY OF FEDERAL WAY PLANNING COMMISSION April 18, 2007 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present: Hope Elder,Merle Pfeifer,Lawson Bronson, and Wayne Carlson. Commissioners absent: Dave Osaki,Dini Duclos, and Bill Drake (all excused). Alternate Commissioners present: Kevin King, Caleb Allen, and Richard Agnew. Alternate Commissioners absent: none. Staff present: Community Development Services Director Kathy McClung, Senior Planner Margaret Clark, Senior Planner Lori Michaelson, Contract City Attorney Amy Jo Pearsall, and Administrative Assistant E. Tina Piety. Chairwoman Elder called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES Commissioner Bronson moved(and it was seconded)to approve the minutes of March 7, 2007,March 14, 2007, and March 21,2007, as presented. The motion passed;no nays. AUDIENCE COMMENT None ADMINISTRATIVE REPORT None COMMISSION BUSINESS PUBLIC HEARING,continued—2006 Comprehensive Plan Amendments and BP/BC Zoning Text Code Amendments Ms. Clark gave an overview of the issues the Commission has discussed to date. She explained that this evening the Commission will discuss the seven site-specific rezone requests and gave an overview of those requests. Staff recommends approval of all seven requests. Chairwoman Elder expressed concern that for Site-Specific Request#2,Trimble,the City Council chose to include two adjacent parcels that were not part of the original request and the owners of those parcels have informed the City that they do not want their parcels rezoned. She doesn't think the City should rezone property the owners have stated they don't want rezoned. Ms. Clark replied that because of the characteristics of these parcels, the rezone would not be a substantially change; it would result in only a name change for these two parcels. Ms. Pearsall commented that if the Commission should make a decision to not include these parcels, the City would have to analyze if not including them would result in spot zoning. Commissioner Agnew asked if there would be property tax implications if the properties were to be rezoned. Ms. Clark replied that she believes that the zone of a parcel is not a factor for assessing property tax; it is based on the value of buildings(or lack thereof). K\Planning Commission\2007\Meeiing Summary 04-I8-07 clot Planning Commission Minutes Page 2 April 18,2007 Public Testimony Vilma Taylor—Applicant for Site-Specific Request#5,Taylor, She commented that she is requesting this rezone so that her property would no longer be nonconforming. Barbara Napier—She spoke regarding Site-Specific Request#6, Lifeway Church. She agrees with the staff recommendation and thanked the staff for their work. When asked if they want to build a church, she responded that they do want to build a church and hope to use the funds generated by subdividing the property to finance the church. Doran Reano—He lives on 54th Avenue SW and spoke regarding Site-Specific Request#2,Trimble. He commented that he had purchased his property because it was relatively undeveloped and he felt the area would not be built-up. He doesn't feel that the rezone would be a benefit to the neighborhood.They already receive a lot of traffic and noise in the area because of Dash Point State Park and are afraid this rezone would increase the traffic and noise. If they loose the trees between the neighborhood and the park, than campers and houses would be looking at each other. This part of SW 320th Street is very short and people dump their cars and garbage there. Currently,they know who drives by,but this request would change that. There is a lack of support from the City to maintain the roads in the area; they still have debris due to last winter's windstorm.Under King County the zoning was 9.5 and he feels it was zoned Suburban Estates when the City incorporated in order to preserve the area and because it is close to the Dash Point Park campsite. Cheryl Harris—Owner of one of the parcels incorporated into Site-Specific Request#2,Trimble. She agrees with Mr. Reano. Currently, they have a buffer to the park,but she fears they will lose it.When she purchased the property she was assured there would be no further building in the area. She is also concerned about the effect upon the wildlife in the area(such as eagles and owls). She asked how would people access the new homes,would 320`h be extended? Ms. Clark replied that the City does not have a proposed site plan,but they would likely be developed as flag lots. Jessie Cherian—He is the President of ST Fabrication.He read a prepared statement that he also handed out to the Commission(attached).He is requesting that the proposed Commercial Enterprise(CE)zone allow residential mixed-use.He stated it doesn't make sense to not allow residential mixed-use, especially for properties surrounded by residential. 'I he ability of his hus mess to function and grow would be stopped by the proposed CE stipulation that properties south of 356"'that adjoin residential will not be allowed fabrication or manufacturing uses. The consequence is that much of the property would sit undeveloped and over the next three years, cost the company millions. The only solution is to move the business,but the only developers interested in the property want to do mixed-use projects. He suggests that residential mixed-use be allowed in the proposed CE zone for areas south of 356`h that adjoin a residential zone. Their neighbors would be appeased by having a mixed-use project as a neighbor instead of steel fabrication. Cameron Smock—He is the applicant for Site-Specific Request#4, Washington Memorial Park. He is in favor of the staff recommendation and thanked the staff for their work. He stated the proposed rezone does not adversely impact the property in any way. Danny Altizer—He is the Windermere agent for ST Fabrication. He stated that residential mixed-use would be the best way to market the property. He had been told that they would receive the best of both worlds with the proposed CE zone,but now the residential portion has been left out. The only interest they have received is from those who want residential mixed-use projects. K Manning Commission\2007\Meeting Summary 04-18-07 doc Planning Commission Minutes Page 3 April 18,2007 Wally Costello—He is the applicant for Site-Specific Request#1, Quadrant. He supports the staff recommendation and would be happy to answer any questions Commissioners may have. (There were no questions.) Terry Trimble—He is the applicant for Site-Specific Request#2, Trimble. The property is well-wooded, which is why he purchased it in the first place. He comes from Alaska and wants relatively rural property. He would never strip the property of all its trees.His vision is to build a home on the back portion of his property that would not affect other properties. He has spoken to Hannah Rowe and Cheryl Harris(owners of the additional parcels)and assured them that he, Mr. Trimble,would pay any costs associated with this rezone request. There has been concern raised that four to five houses might be built as a result of this rezone and Mr.Trimble wants to assure people that he intends to have no more than two homes on his parcel. The area is served by septic systems and that limits the number of homes that can be built.He hasn't considered the question of access. He has lived here near Dash Point Park for some 12 years and while he can hear people in the park,he cannot see them. He also commented that the amount of noise has not been a problem. He doesn't plan on spending a lot of money on this project(being retired he doesn't have a lot to spend), and that would also limit the amount of homes built. Cheryl Harris—She has talked to those who hold the Power of Attorney for Hannah Rowe(they didn't attend because they didn't think they could since they are not the property owners)and they stated that they had considered bringing water and sewer into the area. The cost would have been astronomical.It would not be feasible to bring more than one home into the area. Public testimony was closed. The Commission decided to vote separately on each aspect of the 2006 Comprehensive Plan Amendments and BP/BC Zoning Text Code Amendments. Site-Specific Rezone Request#1, Quadrant Commissioner Bronson moved(and it was seconded)to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site-Specific Rezone Request#2, Trimble Commissioner Pfeifer moved(and it was seconded)to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site-Specific Rezone Request#3, Gramor Commissioner Bronson moved(and it was seconded)to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed;no nays. Site-Specific Rezone Request#4, Washington Memorial Park Commissioner Carlson moved(and it was seconded)to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed; no nays. Site-Specific Rezone Request#5, Taylor Commissioner Pfeifer moved(and it was seconded)to recommend the City Council adopt the staff recommendation. Commissioner Pfeifer asked if Pat's Plumbing was notified of this rezone request. Ms. Clark replied that she had spoken to Pat early in the process and she would have been notified as part of the 300-foot notices. The vote was held and the motion passed;no nays. KAPlanning Commission\2007Weeting Summary 04-I8-07.doc Planning Commission Minutes Page 4 April 18,2007 Site-Specific Rezone Request#6, Lifeway Church Commissioner Pfeifer moved(and it was seconded)to recommend the City Council adopt the staff recommendation. Commissioner Carlson commented that this parcel is in an area the City is contemplating for an area-wide rezone and he believes this request should be part of that process so that the rezone is done in a more comprehensive manner. The vote was held and the motion failed; three yes, one no. The item moves forward with no recommendation. This is a land use Process IV review and a majority vote of the entire membership (four of seven members)is necessary to recommend approval of an item referred to the Commission for Process IV review. Site-Specific Rezone Request#7, Waller Road IV Associates Commissioner Bronson moved(and it was seconded)to recommend the City Council adopt the staff recommendation. The vote was held and the motion passed;no nays. BP/BC Zoning Text Code Amendments Ms. Michaelson had no staff report(in addition the previous reports),but she did have a handout and overview of a proposed minor text change dealing with the location of industrial uses in the CE zone. The proposed change affects Special Note#1 of the CE Use Zone Chart, Sections 22-861, -862, -863, and-864.It is proposed to replace the words"south of south 356`h Street,"with "low or medium density residential zones."The modified text more accurately reflects the code intent to protect such zones from the impacts of industrial uses wherever they occur in the CE,not just south of South 356th Street. The change would still not allow industrial uses on most properties located south of South 356th Street(except between Enchanted Parkway and I-5), so ST Fabrication would still become nonconforming. The change would also not allow industrial uses on properties west of Highway 99 between South 348th and 356"'Streets.However,the effect is minimal, as most of these properties are unsuitable for industrial uses, as they are already developed or constrained by critical areas or property size.No other changes are proposed to the previous staff recommendation, which now awaits Planning Commission discussion and action. Commissioner Bronson requested further discussion about allowing residential mixed-use(specifically senior housing and special needs)on properties south of South 350h Street. Commissioner Carlson commented that he does think residential mixed-use development is appropriate south of South 350h, if adjacent to low or moderate residential zones. Commissioner Bronson commented that he is not happy when a use is made nonconforming. He does not see a problem with residential next to industrial. There would be problems and issues,but these can be worked out. Commissioner Pfeifer asked Mr. Cherian to clarify his intentions. Will he sell the property? Jessie Cherian—He stated that because of the zoning change and complaints from the neighbors,he will move the business.He needs to sell the property,but as he has stated before,the prospective buyers(they have four standing offers)want to be able to do residential mixed-use projects. Staff has suggested he seek a rezone for his property,but it would not be financially feasible for him to stay for the years this process would take. Commissioner Bronson moved(and it was seconded)to recommend the City Council adopt the staff recommendation with a modification to allow residential mixed-use on properties south of South 356h Street that adjoin/abut residential zones. Commissioner Pfeifer asked would it be possible to apply the modification to just the ST Fabrication property. Ms. Pearsall replied that the modification as proposed would do just that. Commissioner Carlson asked what kind of density is proposed for the modification: eight units? 30 units?He asked if staff has analyzed the effects of such a change. Ms.Michaelson commented that under current BP zoning, only senior housing is allowed, with no specific density limit. The relevant chapters of the 2006 comprehensive plan have been amended to state that residential is not contemplated in CE due to industrial and other incompatible uses.Also, SEPA review did not consider residential uses. Commissioner Pfeiffer stated he thinks there should be a more comprehensive review of the impacts of allowing residential in the CE zone: density, development regulations, etc. The vote on the modification was held and the motion failed; two yes, two no. K\Planning Commission\2007\Meecing Summary 04-I8-07 doc Planning Commission Minutes Page 5 April 18,2007 Commissioner Bronson moved(and it was seconded)to recommend the City Council adopt the staff recommendation. The vote was held and the motion failed; three yes, one no. (The motion failed because it needed four yes votes to be approved.)This item will move forward with no recommendation. 2006 Comprehensive Plan Amendments—Area Wide Rezone This item is a change of the boundaries of the BC/CE zoning districts and a rezone of Mitchell Place to RM2400. Staff stated that the map had been changed to retain RM3600 zoning for the roadway parcel owned by Christian Faith Center. Commissioner Pfeifer moved(and it was seconded)to recommend the City Council adopt the staff recommendation,with the proposed change to retain RM3600 zoning for the roadway parcel owned by the Christian Faith Center. The vote was held and the motion passed; no nays. 2006 Comprehensive Plan Amendments—Chapter and Map Changes Commissioner Bronson moved(and it was seconded)to recommend the City Council adopt the staff recommendation for the comprehensive plan map changes for chapters 3, 8, 9, and 10. The vote was held and the motion passed,no nays. Commissioner Bronson moved(and it was seconded)to recommend the City Council adopt the staff recommendation for the comprehensive plan chapters 1,2,4, 6, and 7,and the table of contents. The vote was held and the motion passed;no nays. The public hearing was closed. ADDITIONAL BUSINESS The next Commission meeting is May 2nd. It will be a public hearing on amendments to the Conditions of Approval for the Village at Federal Way(Kilt's Corner)project. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 9:05 p.m. K\Planning Commission\2007Nceling Summmiy 04-I8-07 doc CITY OF FEDERAL WAY PLANNING COMMISSION September 19, 2007 City Hall 7:00 p.m. Council Chambers MEETING MINUTES Commissioners present:Dini Duclos,Bill Drake,Merle Pfeifer,Lawson Bronson, and Dave Osaki. Commissioners absent: Hope Elder and Wayne Carlson(both excused).Alternate Commissioners present: Kevin King. Alternate Commissioners absent:None. Staff present: Senior Planner Margaret Clark,City Attorney Monica Buck, Contract Planner Janet Shull, and Administrative Assistant E.Tina Pie!y. Vice-Chairwoman Duclos called the meeting to order at 7:00 p.m. APPROVAL OF MINUTES Vice-Chairwoman Duclos requested that if a member was not in attendance,they abstain voting for the minutes. Approval of the minutes for March 28,2007 were moved and seconded. They passed with one abstain.Approval of the minutes for April 4, 2007 were moved and seconded. They passed unanimously. Approval of the minutes for April 18, 2007 was tabled because not enough members who attended were present. Approval of the minutes for May 2, 2007 were moved and seconded. They passed with one abstain. AUDIENCE COMMENT None ADMINISTRATIVE REPORT Ms. Clark announced the Community Development Director Kathy McClung's last day was September 17, 2007. Deputy Director Greg Fewins will be interim director until a successor is chosen. In addition,Ms. Clark announced that Janet Shull has accepted a permanent position with the City as a Senior Planner and Ms. Clark introduced the City's new staff attorney, Monica Buck. The next Planning Commission meeting is scheduled for October 17"', at which time; the Law Department will introduce a proposed Federal Way City Code(FWCC)reorganization. In addition, staff will begin to prepare the 2008 Planning Commission Work Program and Ms. Clark asked that Commissioners be prepared to present suggestions for the work program at the next meeting. COMMISSION BUSINESS STUDY SESSION—Clearing& Grading/Tree Retention Code Amendment Ms. Shull delivered the staff report. Staff is seeking input and direction from the Commission for proceeding with research and development of specific code amendments. The issues under discussion include significant tree and grading retention, site clearing and grading, appropriate use/design of retaining walls,and minimum lot size. The City is receiving more requests for mass grading. This is allowed with review and permission by the Public Works Director,but the City code does not provide much guidance for determining when mass grading should be allowed. In addition,the state Department of Natural Resources(DNR) may grant a developer a permit to"log"a K\Planning Commission\2007\Meeting Summary 09-19-07 doc Planning Commission Minutes Page 2 September 19,2007 site(effectively mass grading it)and the City has little to no input on the decision by DNR to grant or deny a permit. Commissioner Bronson encouraged the staff to work on coordinating with DNR. The Commission discussed penalties and code enforcement for site clearing. Commission Drake asked if other cities have specific language for site clearing.Ms. Shull replied staff would have to research it. In addition to increased mass grading,there is increasing development on sloped sites with increased number and size of retaining walls. Small lots on sloped sites tend to result in a greater number of retaining walls as developers desire to maximize the site. Staff is considering requiring larger lots on sloped portions of a site, which should encourage fewer retaining walls. Commissioner Drake asked if the need for change on these issues is coming from developers or staff. Ms. Shull replied that both sides have expressed a need for change. Many of these issues have come from staff observations of confusion on the part of developers and staff on how these issues should be handled. Ms. Clark stated that part of the problem is that there are different parts of the city code that deals with these issues. The city is in the process of reorganizing the city code and that should help,but will not solve all the confusion. Planning Commissioners suggested the staff seek the help of experts(such as engineers and tree experts)and developers(of commercial and residential projects)while developing the potential code amendments. The Commissioners also asked the staff to invite these experts and developers to the Planning Commission meeting on this topic so they may be available if the Commissioners have questions for them. Ms. Clark commented that these potential code amendments could mean more specific information(and a higher cost)could be required from developers at the preliminary plat stage. Commissioner Bronson commented that all firms have Auto-Cad and requiring more specific information should not cost a lot more. Commissioner Pfeifer commented that staff needs to be careful not to require the developer to replace significant trees that homeowners will want to remove in order to protect their roof or for other safety reasons. Commissioner Osaki commented that he would rather see a group of trees that are to be maintained by the homeowner's association, as opposed to individual trees to be maintained by homeowners. Commissioner Duclos suggested the staff seek the advice of an expert for what constitutes a"significant"tree and what kinds of trees should replace significant trees. ADDITIONAL BUSINESS Commissioner Pfeifer suggested that future agenda packets be sent by email, as well as regular mail. AUDIENCE COMMENT None ADJOURN The meeting was adjourned at 8:15 p.m. K\Planning Commission\2007Wee\ing Summaiy 09-19-07 doc CITY OF Federal 'Bay STAFF REPORT DATE: OCTOBER 10T", 2007 TO: CITY COUNCIL MEMBERS PLANNING COMMISSION MEMBERS CC: NEAL BEETS, CITY MANAGER; PAT RICHARSON, CITY ATTORNEY LAURA HATHAWAY, CITY CLERK FROM: AARON WALLS, DEPUTY CITY ATTORNEY SUBJECT: STAFF REPORT ON THE REORGANIZATION AND RE-CODIFICATION OF THE FEDERAL WAY CITY CODE AND THE CORRECTION OF NONSUBSTANTIATIVE ERRORS. Staff has researched the feasibility and desirability of a re-codification and republication of the Federal Way City Code (Code or FWCC) and proposes the re-codification of the Code into a renamed Federal Way Revised Code (FWRC). Similar to the state RCW's, the new codification will be based on a decimal system of title, chapter, subchapter and section, with references being to title, chapter, and section. The current system is based on a chapter, article, division, and section nomenclature with references being only to chapter and section. The intent of the reorganization of the Code is to make it more user friendly for both the city staff and the public. The cost of this process will be approximately $7500 and will take an estimated 2 -4 months. During the process of reviewing the Federal Way City Code (FWCC)for the purpose of reorganizing and re-codifying, Staff has also located a number of typographical errors, scrivener's errors, incorrect references, and unclear language in various sections that should be corrected prior to the final re-codification. A proposed ordinance sets forth each section needing correction with the proposed corrections. The reorganization will consolidate provisions dealing with boards, commissions, and government personnel and departments into Title 2. The tax and finance chapters will be consolidated. Streets, parks, and public places will be consolidated. Crimes will be consolidated into a public safety and welfare title. Nuisances will be consolidated into a public nuisances chapter. Animal regulations will be consolidated into an animal title. Utility regulation will be consolidated into one title. Alarms and fireworks will be consolidated with the business title. Building regulations and the fire code will be consolidated. Shoreline management will be divided from SEPA related regulations. Water quality regulations will be consolidated with surface water management. The zoning code will be reorganized and renamed the zoning and development code title. Some sections will be removed from what is currently the zoning chapter. These include administrative regulation dealing with city employees, which will be moved to the government title. Certain nuisance type prohibitions will be moved to the public nuisances title. Water quality regulations will move to surface water management. Although the planning commission generally has jurisdiction over matters in the zoning chapter, the commission's jurisdiction is actually defined by process VI. Although process VI addresses amendments to the text of the zoning chapter, it also generally covers development regulations throughout the Code, thus the Planning commission's authority will not be affected by the reorganization. Additionally FWCC 22-59 and FWCC 22-523 provide the planning commission jurisdiction over any council authorized items. During this process internal citations will be corrected and made more regular. Subsections and subparagraph will be re-enumerated to one consistent style, that of the RCW's, using the following sequence and style: (1)(a)(i)(A)(1). Numbering will be removed from definition lists and the words defined shall be indented, italicized, and set off with quotation marks. Cross references will be updated and expanded. Staff is recommending proceeding with a Council resolution to direct the preparation of a draft reorganization of the Code as well as with an ordinance to correct the nonsubstantiative errors that have been found. Each proposal will be presented to the planning commission and each council committee. Attached are the proposed ordinance with two appendixes, a proposed resolution, a comparison outline of the old and new Codes, and a full outline of the new Title 2 for illustrative purposes. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON; CLARIFYING LANGUAGE, CORRECTING REFERENCES, AND CORRECTING OTHER INADVERTENT ERRORS; AMENDING CHAPTER 2 ARTICLE VIII, CHAPTER 3 ARTICLE II, CHAPTER 4 ARTICLE I, CHAPTER 9 ARTICLE IV, AND CHAPTER 22 ARTICLES II, IV.B, VI, VII, VIII, XI, XIII, XVII, XVIII, XXI. (Amending Ordinance No's 90-30, 90-43, 91-87, 91-90, 92-133, 92-153, 93-170, 93-182, 93-193, 96-270, 97-291, 99-333, 99-337, 99-341, 99-348, 99-357, 00-375, 00-376, 01-399, 02-424, 05-486, 05- 487, 06-515, 06-523, 06-527) WHEREAS, the City of Federal Way is in the process of re-codifying the Federal Way City Code (FWCC) and through this process has found various typographical errors, codification errors, redundant sections, unclear sections, inaccurate references, and other inadvertent errors have been introduced into the code over time; and WHEREAS, none of the changes to the FWCC contained in this Ordinance are intended to create substantiative changes to the law; WHEREAS, in 1997 substantial changes were made to the zoning code including changing the nomenclature of the zoning processes and during this amendment a number of inadvertent referencing errors were introduced; WHEREAS, many sections include errors of syntax and grammar, inconsistencies of format and style, including as follows, FWCC 2-253 inaccurately references a state statute; FWCC 3-3 inaccurately references a FWCC section; FWCC 4-1, in addition to format and grammatical errors, inaccurately references a King County Code section, has redundant references to FWCC ORD #_ _ PAGE 1 sections, and is missing the definition of"vicious" which was inadvertently removed in Ordinance 06-527 and reenacted without reference under Ordinance 06-530; FWCC 4-16 is not applicable as it purports to set policy for King County and is duplicative of King County law; FWCC 4-24 inaccurately references a FWCC section, and references King County rather than Federal Way; FWCC 9-156 is redundant with FWCC 4-1; FWCC 9-186 should be clarified and inaccurately references two FWCC sections; FWCC 16-44 inaccurately references process I instead of process III; FWCC 18-51 inaccurately references a FWCC section; FWCC 22-32.2(3) should be clarified in light of FWCC 22-351 and 22-361; FWCC 22-351 and FWCC 22-361 contain surplus language; FWCC 22-353 inaccurately references a FWCC section, and is missing a section required by state law; FWCC 22-354 should be clarified; FWCC 22-355 should be clarified; FWCC 22-361 et. seq. (process II) lacks an application process required by state law; FWCC 22-365 needs reformatting; FWCC 22-367 inaccurately references a FWCC section; FWCC 22-368 inaccurately references a process, and should be clarified; ORD 4 PAGE 2 FWCC 22-392 should be clarified and contains an inaccurate statement that is in conflict with FWCC 22-397; FWCC 22-396 contains inaccurate, surplus language, and contains an inaccurate statement that is in conflict with FWCC 22-397; FWCC 22-397 should be clarified; FWCC 22-406 contains redundant language and needs clarification; FWCC 22-407 is missing a word; FWCC 22-436 should be clarified and has inaccurate language that conflicts with FWCC 22-447; FWCC 22-446 should be clarified and has an inaccurate reference; FWCC 22-447 should be clarified; FWCC 22-449 inaccurately references a FWCC section; FWCC 22-481 is unclear and has an inapplicable section; FWCC 22-638 has an inapplicable section; FWCC 22-947, 22-947, 22-948, 22-950, 22-951, and 22-958 should be clarified as to their application and effect; FWCC 22-947 has a redundant reference to state law; FWCC 22-959 is not applicable and has a redundant reference to state law; FWCC 22-981 and FWCC 22-1071 are redundant and need to be merged into FWCC 22-981; FWCC 22-1047 contains an inaccurate reference to a process; FWCC 22-1111 is redundant and needs to be merged with FWCC 22- ORD # PAGE 3 1112; FWCC 22-1112 has a redundant section; FWCC 22-1131, FWCC 1132, FWCC 1133 and FWCC 1134 are duplicative and need to be merged into FWCC 1133; FWCC 22-1201 should be clarified as to their application and effect; FWCC 22-1563 inaccurately references a FWCC section; FWCC 22-1568 is missing a phrase; FWCC 22-1599 is missing a reference; FWCC 22-1653 inaccurately references a FWCC section; FWCC 2-336 inaccurately references an RCW section and should be clarified; and; WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to correct errors and clarify 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 2, Article VIII, Section 2-253 of the Federal Way City Code shall be amended to read as follows: 2-253 Definitions. All terms used herein shall, in addition to their ordinary meaning, also be defined according to (1) state c+ chapter 6�5-.5469.50 RCW, (2) city ordinance, or (3) common law, in that order of preference. (Ord. No. 93-182, § 4, 7-20-93) SECTION 2. Chapter 3, Article II, Section 3-3 of the Federal Way City Code shall be amended to read as follows: ORD # , PAGE 4 3-3 Service charges for excessive false alarms. (a1) Service charges will be assessed by the city clerk for excessive false alarms during the registration year as follows: Fourth and fifth false alarms: fee set forth in fee resolution. Sixth and additional false alarms: fee set forth in fee resolution. (Q) The city clerk shall notify the alarm user and the alarm business by regular mail of the fourth false alarm, the fine and the consequences of the failure to pay the fine. The city clerk shall also inform the alarm user of the right to appeal the validity of the false alarm determination, as provided in FWCC 3403- 9. If the service charge has not been received in the city clerk's office within 60 days from the day the notice of service charge was mailed by the city clerk's office, and there is no appeal pending on the validity of the false alarm, the city clerk shall send the notice of service charge by certified mail along with a notice of late fee as set forth in fee resolution. If payment is not received within 10 days of the day the notice of late fee was mailed, the police chief may initiate the no response process and enforcement of penalties. (Ord. No. 93-193, § 3, 11-9-93) SECTION 3. Chapter 4, Article I, Section 4-1 of the Federal Way City Code shall be amended to read as follows: 4-1 Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: "Abatement"shatl means the termination of any violation by reasonable and lawful means determined by the director of the animal control authority in order that a person or a person presumed to be the owner shall comply with this chapter. "Adult cat" means a cat of either sex, altered or unaltered, that has reached the age of six months. _ "Adult dog" means one of either sex, altered or unaltered, that has reached the age of six months. "Anima1"s#a4 means any living creature except human beings, insects and worms. "Animal control authority-"shag mean the county animal control division, department of general services, acting alone or in concert with other municipalities for enforcement of the animal control laws of the county and city for the shelter and welfare of animals. "Animal control officer"shalt means any individual employed, contracted or appointed by the animal control authority for the purpose of aiding in the enforcement of this chapter or any other law or ordinance relating to the impoundment of animals, and includes any state or municipal peace officer, sheriff, constable or other employee whose duties in whole or in part include assignments which involve the seizure and taking into custody of any animal. ORD # PAGE 5 'Animal rescuer"means any individual who routinely obtains an unwanted dog or cat and who locates within 90 days an adoptive home for that spayed or neutered dog or cat provided, however, an interim, administrative extension may be granted by the animal control authority for a maximum of six months if a dog or cat is pregnant, nursing, or injured and that condition is verified by a veterinarian. "Cattery"means a place where four or more adult cats are kept, whether by owners of the cats or by persons providing facilities and care, whether or not for compensation, but not including small animal hospital, clinic or pet shop. An adult cat-Fs_--ane-ef either Ty,a•Itered-Qfraltered that has reaGhed the age of civ m r "Dangerous dog"sha4 means any dog that according to the records of the animal control authority: (1) Has inflicted severe injury on a human being without provocation on public or private property;i (2) Has killed a domestic animal without provocation while off the owner's property;i of (3) Has been previously found to be potentially dangerous, and the owner having received notice of such and the dog again aggressively bites, attacks, or endangers the safety of humans or domestic animals;i (4) Has a known propensity, tendency or disposition to attack without provocation to cause injury or otherwise endanger humans and/or domestic animals based upon notice to the owner-, (5) Bites or attacks without provocation after prior notice to the owner;i or (6) Is defined as a "dangerous dog" under RCW 16.08.070 as it currently exists or is amended in the future. "Directory`shat4 means the director of the county department of health. "Domesticated animal"s#a# means those domesticated beasts including any dog, cat, rabbit, horse, mule, ass, bovine animal, Iamb, goat, sheep, hog or other animal made to be domestic. "Euthanasia"sha44 means the humane destruction of an animal, accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. "Grooming service"means any place or establishment, public or private, where animals are bathed, clipped or combed for the purpose of enhancing their aesthetic value and/or health and for which a fee is charged. "Harboring, keeping, or maintaining a dog or cat"shat4 means performing any of the acts of providing care, shelter, protection, refuge, food or nourishment in such manner as to control the animal's actions, or that the animal is treated as living at one's house by the homeowner. "Hobby cattery"means a noncommercial cattery at or adjoining a private residence where four or more adult cats are bred or kept for exhibition for organized shows or for the enjoyment of the species--pFcA ided; however-a s4mdin�tirt ��cattery/kennel4ic--In._ e issued�ywher #e-#)taI bey of rvr 'crrnrEl �vir�vr �crlc 4he rsi` I •c�tl {�1=WC- - Ff�ti. ORD # PAGE 6 "Hobby kennel"means a noncommercial kennel at or adjoining a private residence where four or more adult dogs are bred or kept for hunting, training and exhibition for organized shows, field, working and/or obedience trials, or for enjoyment of the species videdhowever, a GemNnatjn hnhh,e E;attery/ke nal kGensn rr1ry be ics�it rl Ay# re.thermal ni rnber n-t G� &-and,dogs bvnoorls +ho TTCI��.JC-T.T..3FT rrElm�H, wein F1 9-149-4. "Juvenile"means any dog or cat, altered or unaltered, that is under the age of six months. "Kennel"shalt means a place where four or more adult dogs are kept, whether by owners of the dogs or by persons providing facilities and care whether or not for compensation, but not including a small animal hospital or nn is one nt cxat ar sex altered or unaltered, that has clinic or pet shop. Ari-adult dog ;�la�--��.>-aT�� rrT� neaGhed trc�a�2 "Known propensity"s#aal means an inclination for behavior that the owner is or should be aware of. "Livestock"means cattle, hogs, sheep, goats, horses, llamas and other large grazing animals, but does not include small wily#-o�prnd, ate ry animals, as defined in King County Code Section 24-04-540 21A.06.065. "Owner'shaf4 means any person having an interest or right of possession to an animal or any person having control, custody or possession of an animal, or by reason of the animal being seen residing consistently at a location, shall be presumed to be the owner. "Packs of dogs"shall GGRGi means a group of two or more dogs running upon either public or private property not that of their owner in a state in which either their control or ownership is in doubt or cannot readily be ascertained, and when such dogs are not restrained or controlled. "Pet shop"shall means any person, establishment, store or department of any store that acquires live animals, including birds, reptiles, fowl and fish, and sells, or offers to sell, or rent such live animals to the public or to retail outlets. "Potentially dangerous dog"shad means a dog the owner reasonably knows has aggressively bitten, attacked or endangered humans and/or domestic animals and as-defined Linder any dock that meets the definition of potentially dangerous dog as defined by RCW 16.08.070. "Running at large"shall means to be off the premises of the owner or custodian and not secured by a leash 15 feet or less. "Service animal"means any animal, which is trained or being trained to aide a person who is blind, hearing impaired, or otherwise disabled and is used for that purpose and is registered with a recognized service animal organization. "Severe injury"sbaR means any physical injury that results in broken bones or lacerations requiring multiple sutures or cosmetic surgery. "Shelter"shall means a facility which is used to house or contain stray, homeless, abandoned or unwanted animals and which is owned, operated or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals. ORD # PAGE 7 "Special hobby kennel license"means a license issued to pet owners under certain conditions, who do not meet the requirements for a hobby kennel license, to allow them to retain only those specific dogs and cats then in their possession until such time as the death or transfer of such animals reduces the number they possess to the legal limit set forth in this chapter. "Under control"s4a14 means the animal is under voice competent and/or signal control so as to thereby be restrained from approaching any bystander or other animal and from causing or being the cause of physical property damage when off a leash or off the premises of the owner. "Vicious"means the act of or the propensity to do any act endan erin the safetv of any person, animal or property.. including but not limited to bitina a human being, attacking human beings, or attacking domesticated animals without provocation. (Ord. No. 90-30, § 2(A) — (N), (P)— (T), 2-13-90; Ord. No. 92-153, § 2, 11-17-92; Ord. No. 06-527, § 1, 6-20-06; Ord. No. 06-530, § 1, 8-1-06) SECTION 4. Chapter 4, Article I, Section 4-16 of the Federal Way City Code shall be amended to read as follows: 4 16 Euthanasia rate targets. (a) it sh-11 be the PGfiGY of KiRg County _�—, fe4ewi•ng maximum.a Ithanasia � to csr'c vr7^�.G cv m ��rc the nregFess +n,rarG r GiRg Fate unwanted, healthy pOt Gats and dogs destroyed by the-a;4m- nrtintrel authr.ritrr ' vr_er temperamentally unsl ritabl� F arlenthaveeR of have bean releaseed by theirIM1I1'lC nrs e1r rtv � rt que toeuthanasia-. i. uuu�cr The nn-Mputatirvn of the el +bane in Fatees h ha eel e_ a population which is .. .,....1 1 rp..uccr4�-rvrrrrc-cu��reel-n �' cr-ncrrc��l-tGit-v�. . 1.1_The nurnber h ria"' yr rel nr.s anrd_I ats e^d estrayeed by Ebner Cel rnty animal G.earAtFeell ane) its edeskp_ec nvreerds 11 r- 1,000 persons living in the E;aunty rue-given-year enr d inn r r� DeGem�e -her _21,+_ i (2) Tho number of heathy rle�eas aned••G�dIIstrrsvre d her King f eunty animal �CrTTI f 11..'iiT L GentFe l-G J designees L7XGeG,d' 5.5 Gat ne F 14)GO P8Fs_ns living In the rnl ln{•5r designees G 1 �F'T aped 3 ' eien&-per_1,000 nerSORS liveing in the GO Int.r far the year enrli• Ig r�ber 3 996;Gr (3) The of Imher of h•ea4hf rdegs and cats-d£'�s ed by King County animal. r•n ke its designees-&x ee ds 1.7 rats per4T1 _p�crnns_living in the Gel ent.r r and 1 0 r'de s _er !,()Or-' ner-S-Rs livring in the GOURty fG"4& vreor� • � ��'r..rvrT Once 34 2000_ (b) Tho anima=lI. -I-,jtrel al ith9rity sha11-r-ep4qrF anni ladlvr to the Federal Way-.ity L about the n heir of I rnynranted hna4hle nets rdestreyerd and what ��YY sa{�-Flfi•I ,ti rn�.�,�--v-r-v�w�+,-rxccr;-„tiu y--p c. additional measures or-p-agramcmight he--Fecommer4ded ferce,indi approval 4G FedUGe4he eu�4ad4as FCate-s-(Qret11rcr rre92!53, § 9, 14-1-7-92) SECTION 5. Chapter 4, Article I, Section 4-16 of the Federal Way City ORD # , PAGE 8 Code shall be amended to read as follows: 4-24 Mandatory spaying and neutering. (a1) No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to FWCC 94106. (Q) Guide dog puppies in training and police service dogs are exempted from the provision of this section. (s3) Any dog or cat over the age of six months adopted from an animal shelter in K4H--Gau-nty Federal Way shall be spayed or neutered before transfer to the owner. (Ord. No. 92-153, § 3, 11-17-92) SECTION 6. Chapter 9, Article IV, Section 9-156 of the Federal Way City Code shall be amended to read as follows: 9-156 Definitions. The definitions under Chapter 4, Animals, shall apply throughout this Article. The fellvl{Ifin 1 iTr thins article, shall 1-ave the n.-,�-�-r4e—r-gs asGrihed to them in this sertinn -�t_wh fe the rnntevt ricer, l.r d ,a,tes a rdifferent. maaRiFKY. AR real rnntrel autheritvr hall mean tthe _eynty animal ron+rol rdivrision_ department of Fa carrrirnc artiRg alert nr in rnnrnrF reriih ntheF MU41alite far irinifernemen# rf the anima! ren#rel lavvrc of tha nal In+■r anrd ri#vr o r mac.-wwP rc�r ul ru �+Ic�l :for the halter an welfare of animals. ARimal GentFel 4OGeF shall meapam &@Gted or appointed hvr the animal rnntrol authority for the nrrrncnso of aiding in the enfe�rramrrwn.Ri of this artirla_or arty other lavwr or__erdinanne relating to the impoundment of •+nimals sheriff, LS ascinnments which involve the qPi- Ire and taking intorUStGd -of any animal ❑ni1 seuer in divrirdllal who r' Mr. relrtin©" aian rInwanterd degf G �@rd,nWho lnrat-S_ WithjR 90 daysys agn,,�arlepU ,J "e for that payed eF Reutered d� prev r.r Gat; nrnirinc�a, however, aR i�-�Le FirrR,r'i.�r'administrative 99XteaSi-GR may be granted by tha_a-imal central airtherity for a maximm nf_ui*-mG ho if a clan nr rat is nrerrnant nUMin- or i�11•rand anYd that ronrditie.- is v£?f-i e d by a vreterin2ria-R7 Gattery mea-RS a nlarci verhare fOUF OF More 2dUlt Gats are kept, whether evvvvRers t7Y'the rats er b"e,,rsr-,r.s nrovr-d Rg faGi.H,ties and, care whether Gr��tfor rn�mpp,pc&a.fion b lUt Rett }�.nn small anim��_hnsnital rliniG nr net chop 11 ft c-at�-{-sN^`s'��fl of either Sex Ce Fedor wnaltere44, 49t has reached the ag &J X m nmvrni-tcrh s.. `mins any glare nr a blishment p blir or nrivr e .wG Y he— e carr imals are bathe- I rimpperd or GGMbed-f4ar the nr lrpese of�-Rd. ansthetir vrallse_and/Gr health anr# fW— h a fee is rhar.-^red._ Hebb r rattenr means a nGROOM vial catteryat_nF-adjo M -„ pr+drat resideRGe Vtl#ere-fdd: F or mere ardr tl.t,� +c are 1^.rerl nr lro _fr+r eyhihi+ -r opgan- ed�---sh81Pd'u r e.7Z�rn�ca--Qr-rr�.h'` vrr ORD # , PAGE 9 o-r-49r-the eniel binatien hrihhte ratteryll[annel limens 2Y be�[ ori where the total nl rm e f of Gats--aPA-"dors vu LLV, n �-t�d��l "y" ,ovreerds the nl Irr,her aliewe d in 1=-VVG(' ❑ �1 S2 Vr vvV ua." LIIL llL,al{IVVi jf IInnel means a nr.r+Lro F4aial kennel at or ardioininn a private refei�r�e 4Ge where))fe tr or mnrn arle it deg -re L.re4-arr* t far h1 Inti m. training �d-e-x i i+ir.n fer organized shows, fie! II arnrlsinrr am GF-e Ge trials or far anjoyment 9f Abby a ten"1lrenned line t��S�efi�e5 -pf9ao�co`tri-�we�FE��l1��IF3R-�ic�cro•y--+`-�L��Cr�r�cl-rl-rcr7rvcfrl-se-fl�-y he I wheree nvreords the number allowed inF1ftm i��Z—I 1rjte n�Tea-Rj any dog or eat, altered or unaltered, tthaat i,si-RdeF the nna of civ me nal shal�,,uri mca knnt whether hte otrtrv-vv-eFS- I the d9gS OF by persons pFeviding facilities and vara sneS-,athor Gr-f+&t4ef Gernpe ien, but not inrll lydinr. a small aa----Lh-es-1-ifal or rlinir Gr pet shen nn a4ultdogOho ane o �resarherd f , unaltered, SOX MeRths. �I'r evisrt � ��oa ai e_�! __I gs, sheen 39ats horses, llamas and4th yF-Iae -imnf innhtdIw -er-p,-�tort, animals, as de#i iR King-n -G&uni g1PtFf4er shall m hat�sng an interest or rink+ o sassinn to an animal nr any per on having rontrnl G_1_16+10-04" ar na Tien of ani ima by reasofHg the an; riC3_cnnsistantlte ata Inca+ien s�`ioli-tJc pros/Irr,e 4e he the n{11ReF presu Pet shop shall me-M, any per-son, l establishMeRtthat ern,liror�T"p V AnT i71�74ZI3 inrlT fines hindsr remiles fe...l an04 fisandanculls nr r &e4:v}a is o trained beitinoto aidde a r etrainednrlran e•t he is b"dhearing impaired, 9F person to pwise disabled and is ,ese—fe4: 1 purpese--wid—israds+e re rd with a roronn!Zerd se AG ni amal organization. L]LVI VQ eltery r shall man a fa.+ilit., h"-hh is used tohnl lcE)F a,ta�iR stray, hemela abaRld Red er un 1A�anted animals and WhiGh is ewnerd operate 0d or alai-l�by �nZ+� i.Lw.lLva.wt lulu 4A{,u�Ir,Tf to an establisshed humane sacietu_afimaallw�are cnriety, see �r the preventieR Of Gruelty to mals, er ather 77nnnnrn anizatien rdetented to thI a nutter+inn anrd h,Imane +reaf�mLlnt of animads� ttiC Cnemial hr�hby kennel I` nsr mean a liGenso i " rd to net owneF l In n-rrv��rcrnzc-I--r♦aira�c�-rrc�crrr��Cr�rc�cr�-.�-c r t#C�-�-rG4ya}R eenrditiens in"he roe not meet therequirements f hrt to kennel liGense to .�rrrorry�..l l v u v not L {{I�...L l kennel Cllr/ 1 a{Ilyv'iY them to retain only theca s�eaific rdegs and rats th�nri,a�hvuir nnssassinn { MI ,hTttArne as the death Fa,"74e, a,+1•---ssI.iid, animals red_lave&-th,,-ni Imhar the." possethe legalimi4 set forth in thi' .aptej� rn 0 ;�H ..( )h. {,PHS_.» Ord. NG-. -92453, SECTION 7. Chapter 9, Article IV, Section 9-186 of the Federal Way City Code shall be amended to read as follows: 9-186 Hobby kennels and/or hobby cattery. ORD # . PAGE 10 (a1) Limitation on number of dogs and cats allowed. The total number of dogs and cats over six months of age kept by a hobby kennel and/or hobby cattery based on the following guidelines: (4a) Animal size; (2b) Type and characteristics of the breed; (3c) The amount of lot area; provided, that the maximum number shall not exceed 25 where the lot area contains five acres or more; the maximum number shall not exceed 10 where the lot area contains 35,000 square feet but less than five acres and the maximum number shall not exceed five where the lot area is less than 35,000 square feet; (4d) The facility specifications/dimensions in which the dogs and cats are to be maintained; (6e) The zoning classification in which the hobby kennel and/or hobby cattery would be maintained. (Q) Limitation on reproduction. The hobby kennel and/or hobby cattery shall limit dog and cat reproduction to no more than one litter per license year per female dog and two litters per license year per female cat. (s3) Limitation on advertising. The hobby kennel and/or hobby cattery shall not have signs, displays or other visual representations not already permitted in the zone. (d4) Immunization. Each dog and cat in the hobby kennel and/or hobby cattery shall have current and proper immunization from disease according to the dog's and cat's species and age. Such shall consist of DHLPP inoculation for dogs over three months of age and FVRCP for cats over two months of age, and rabies inoculations for all dogs and cats over six months of age. (e5) License issuance and maintenance. Only when the director is satisfied that the requirements of King County Code Section 11.04.060(C)(1) through (5) have been met, a hobby kennel and/or hobby cattery license may be issued. The license will continue in full force throughout the license year unless, at any time, the hobby kennel and/or hobby cattery is maintained in such a manner as to: (4a) Exceed the number of dogs and cats allowed at the hobby kennel and/or hobby cattery by the animal control authority. (2b) Fail to comply with any of the requirements of King County Code Section 11.04.060(C)(1) through (5). (f6) Compliance. All hobby kennel and hobby catteries shall comply with the provisions of FWCC 9-449156, 9 186 through 94-90192. (Ord. No. 90-30, § 10(B) — (G), 2-13-90; Ord. No. 92-153, § 12(B) — (G), 11-17- 92) SECTION 8. Chapter 18, Article II, Section 18-51 of the Federal Way City Code shall be amended to read as follows: 16-44 Variance procedures. (a1) All applications for variances from the foregoing underground requirements shall be processed using process III procedure as set out in FWCC 22-386 et seq., with the exception that all references to "planning department" ORD # PAGE 11 contained within FWCC 22-386 et seq. shall be substituted with "public works department," and all references to "planning official" in FWCC 22-386 et seq. shall be substituted with "public works director." The criteria for granting a variance shall be as set out in subsection (b2) of this section. (Q) Underground requirements shall be waived or modified by a variance only if the owner of electrical or communication facilities or the user thereof, or any other affected person can demonstrate that it would be an undue hardship to construct such facilities underground. The term "undue hardship" shall mean either: (41-a) The installation would be technologically unfeasible; or (2b) The cost of the underground construction outweighs the general welfare consideration in requiring underground construction. (Ord. No. 91-90, § 6, 3-19-91) SECTION 9. Chapter 18, Article II, Section 18-51 of the Federal Way City Code shall be amended to read as follows: 18-51 Administrative appeals. (a) Any interested party may appeal to the hearing examiner a threshold determination, or the adequacy of a final environmental impact statement and conditioning or denial of an action. The appeal shall be conducted under the provisions of process IV, FWCC 22-431 et seq.; provided, that the notice distribution requirements of FWCC 22-436th, `�(2)(b) shall be replaced with the notice distribution requirements of FWCC 18-49(a) — (f). (b) Appeal procedures shall be conducted under the provisions of WAC 197-11-680(3). Appeals are subject to the restrictions in RCW 36.70B.050 and 36.70B.060 that local governments provide no more than one open record hearing and one closed record appeal for permit decisions. (c) 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. All appeals shall contain a specific statement of reasons why the decision of the responsible official is alleged to be in error. (d)All relevant evidence shall be received during the appeal and the decision shall be made de novo. The determination by the city's responsible official shall carry substantial weight in any appeal proceeding. (e) The decision of the hearing examiner on an appeal filed under this section shall be final. (f) Appeals of the hearing examiner's final decision shall first be to the city council as provided in process IV, FWCC 22-431 et seq. (g) For any appeal under this section, the city shall provide for a record that shall consist of the following: (1) Findings and conclusions; (2) Testimony under oath; and (3) A taped or written transcript. (h) Upon filing an appeal to the city council or a judicial appeal, any ORD # PAGE 12 certified copies or written transcripts required for such shall be prepared by the city at the expense of the appellant, subject to possible reimbursement of transcript preparation costs as provided in FWCC 22-446. (Ord. No. 90-40, § 1(20.240.10 —20.240.70), 2-27-90; Ord. No. 92-133, § 4, 4- 21-92; Ord. No. 93-185, § 1, 8-17-93; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 04- 468, § 3, 11-16-04) SECTION 10. Chapter 22, Article II, Section 22-32.2 of the Federal Way City Code shall be amended to read as follows: 22-32.2 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/or 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: fa)- There is no change of use. Jb)-. There is no reduction in the amount of required landscaping, buffering, open space, or public areas. Jc)-There is no material change or reduction in the amount of required parking. fe)-There is no material change in the location of utilities, easements, or pedestrian connections. Jfl:There is no material change to the approved architectural design. Jg)There is no additional adverse impacts to sensitive areas or significant trees. (2) Process II. Improvements and/or additions to an existing developed site that are exempt from SEPA and exceed the thresholds pedI?c4fi -FSC 22 in subsection 1 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 r-0n rt- ,ith the re process 111, unless process IV is indicated by ideati#ied-+n the applicable use zone chart in which case process IV shall be used. (Ord. No. 97-291, § 3, 4-1-97) SECTION 11. Chapter 22, Article IV.B, Section 22-351 of the Federal Way City Code shall be amended to read as follows: 22-351 Generally. Various places of this chapter indicate that certain developments, activities, or uses are permitted only if approved using process I. Under process I, the director of community development 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 Environmental ORD # PAGE 13 Policy Act, Chapter 43.21 C RCW, shall be reviewed pursuant to #w-pced-u-ral ents process III of this chapter. Any appeals of the director's decision under this article may be appealed to the city's hearing examiner as provided for in this article. (Ord. No. 97-291, § 3, 4-1-97; Ord. No. 00-375, § 10, 10-3-00) SECTION 12. Chapter 22, Article IV.B, Section 22-353 of the Federal Way City Code shall be amended to read as follows: 22-353 Applications. (a1) Who may apply. Any person, personally or through an agent, may make application for a process I land use decision. (Q) How to apply. The applicant shall file a completed master land use application. Accompanying the application shall be a written response to the decisional criteria as set forth in this chapter for a particular use or activity, and information required by FWCC 22-3-233. (s3) 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. (d4) Director authority. The director of community development services may modify the submittal requirements as deemed appropriate. (e5) Routing of application. An application for an administrative decision shall be routed to the director of community development services. The director may route for comment an application to other staff members or departments. (6) Completeness. a Within 28 calendar days of receiving an application, the city must determine whether the application is complete. The city will apply FWCC 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-dav 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. 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 jurisdiction over some aspect of the proposed development activity. An application shall be deemed complete under this section if the city does not provide a written determination to the applicant as required in this paragraph. -(h)-Within 14 days after an applicant has submitted the additional information identified by the city as being necessaDt for a complete application, the city shall notify the applicant whether the application is complete or whether additional information is necessary. (c) 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 substantial changes in the proposed action occur. (Ord. No. 97-291, § 3, 4-1-97; Ord. No. 00-375, § 10, 10-3-00) ORD # PAGE 14 SECTION 13. Chapter 22, Article IV.B, Section 22-354 of the Federal Way City Code shall be amended to read as follows: 22-354 Notice of administrative decision. The director of community development services shall mail in a timely manner a copy of his or her decision to the applicantiand any person who submitted comments on the application, and any person who 4as requested a copy. No other notice is required. (Ord. No. 97-291, § 3, 4-1-97; Ord. No. 00- 375, § 10, 10-3-00) SECTION 14. Chapter 22, Article IV.B, Section 22-355 of the Federal Way City Code shall be amended to read as follows: 22-355 Appeals. (a1) Who may appeal. The decision of the director of community development services may be appealed by the applicant any person who submitted written comments or information, or any person who has specifically requested a copy of the decision-. The-appiira;} -n,� -n�s nor�nn ,Yho-receivecl-aet+c administrator FWGG 2-2-354-ma"p peal the nrlM niStF@tiVe decision 1 (b2) How and when to appeal. The appeal, in the form of a letter 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 letter of appeal must contain: (4,a) A statement identifying the decision being appealed, along with a copy of the decision; (2b) 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 (3c) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (s3) Fees. 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. (d4) Appeal process. Appeals of an administrative decision will be reviewed and decided upon using the process for appeals outlined in Article VI, Process I II Review— Project Approval, of this chapter. (Ord. No. 97-291, § 3, 4-1-97; Ord. No. 00-375, § 10, 10-3-00; Ord. No. 01-399, § 3, 8-7-01) SECTION 15. Chapter 22, Article V, Section 22-361 of the Federal Way City Code shall be amended to read as follows: 22-361 Administration. Various places of this chapter indicate that certain developments, activities or uses are permitted only if approved using process II. This article describes ORD # PAGE 15 process II. In addition, 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. Under process II, the director of community development services will make the initial land use decision and the decision on the community design guidelines. Appeals of both decisions will be decided by the hearing examiner after a public hearing. Process II applications are exempt from the procedural requirements set forth in RCW 36.706.060 and 36.706.110 through 36.706.130. Any process II application not categorically exempt from the State Environmental Policy Act, Chapter 43.21 C RCW, shall be reviewed pursuant to th r w-al Feqt4irements a process III of this chapter. (Ord. No. 90-43, § 2(175.10(1)), 2-27-90; Ord. No. 97-291, § 3, 4-1-97) SECTION 16. A new section shall be added to Chapter 22, Article V, of the Federal Way City Code to read as follows: 22-362 Applications. Who may apply. Any person, personally or through an agent, may make application fora process I land use decision- (2) How to apply. Thea licant shall file a completed master land use application. Accompanying the application shall be a written response to the decisional criteria as set forth in this chapter for a particular use or activity, d information required by FWCC 22-33. (3) Fee. With thea lication the applicant shall submit the fee established b the citv_, The_apiAcation shall not be accepted unless it is accompanied by the required fee. (4) Director authority. The director of community development services ma modify the submittal requirements as deemed appropriate. (5) Routina of application. An application for an administrative decision shall be routed to the director of community development services. The director may rorite for comment an application to other staff members or departments. (6) Completeness. (a Within 28 calendar days of receiving an application, the city mus determine whether the application is complete. The city will apply FWCC 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 he incomplete, the city shall notify the applicant of what needs to be submitted for a com lete_application. In this written determination the city shall also identify, to the extent kn'avrr 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 shall be deemed complete under this section if the city does not provide a written determination 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, ORD # PAGE 16 the city shall notifv the applicant whether the application is complete or whether additional information is necessary. (c) 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 substantial changes in the proposed action occur. SECTION 17. 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. (a1) 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: (b2) Site plan criteria. (4a) It is consistent with the comprehensive plan; (2b) It is consistent with all applicable provisions of this chapter; (3c) It is consistent with the public health, safety, and welfare; (4d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal; and (ae) The proposed access to the subject property is at the optimal location and configuration for access. (s3) Community design guideline decisional criteria. (1) It is consistent with site design standards set forth in FWCC 22-1634 for all zoning districts; (2) It is consistent with applicable supplemental guidelines set forth in FWCC 22-1638; and (3) 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. (Ord. No. 90-43, § 2(175.10(4)), 2-27-90; Ord. No. 97-291, § 3, 4-1-97) SECTION 18. Chapter 22, Article V, Section 22-367 of the Federal Way City Code shall be amended to read as follows: 22-367 Authority. (a1) 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 the administrative guidelines, if any, adopted under FWCC 22-3656. (Q) 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 ORD # PAGE 17 person who submitted written comments, or any person who specifically requested a copy of the director's decision. (Ord. No. 90-43, § 2 (175.10(6), 2-27-90; Ord. No. 97-291, § 3, 4-1-97) SECTION 19. Chapter 22, Article V, Section 22-368 of the Federal Way City Code shall be amended to read as follows: 22-368 Appeals. The applicant, any person who submitted written comments, or any person who specifically requested a copy of the decision may appeal the site plan approval or conditions of such approval and/or community design guideline conditions to the city's hearing examiner using the provisions to appeal a decision of the director of community development services of in process XVIII of this chapter. The applicar,+ 2r,., GAMMeRtS or an„ pefsron- 'e sppee' �-r-equested a Gopy of the diron+r r-'&-de-eision ma� appeal Notwithstanding any contrary provisions of 22-406, the hearing examiner's decision on an appeal under this section is the final decision of the city and may be mav be reviewed pursuant to Chapter 36.70C RCW in the King Count superior court, except that in cases involving a site plan approval for a public utility located in a BN (neighborhood business), BC (community business), or OP (office park) zone the hearing examiner's decision is not the final decision of the city and such decisions may be appealed to the city council pursuant to FWCC 22-446 through 22-456. Modifications required to bring the proposal into compliance with this chapter or any other applicable laws are not appealable. (Ord. No. 90-43, § 2(175.10(7), 2-27-90; Ord. No. 97-291, § 3, 4-1-97) SECTION 20. Chapter 22, Article VI, Section 22-392 of the Federal Way City Code shall be amended to read as follows: 22-392 Notice. (a1) 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: (4-a) The name of the applicant and, if applicable, the project name. The date of application, the date of the notice of completion for the application, and the date of the notice of application. (2c) The street address of the subject property or, if this is not available, a leGatiedescription of the location of the property in nonlegal 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. (3-1 Th b4 flf thew provision of this chapter--deseir4bing the-�eq3` d �sien--arnd to the e Rt- Rewn by the Gity, any other Permi+c.W.�..fG,�,,, ''fes,' ,&t incl isles! in tt� m-- e-an ni Qn. (4d) A brief description of the requested decision, including a citation to the provision of this chapter governinq the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To ORD # PAGE 18 the extent known by the city. the notice shall include any related permits which are not included in the application. (6e) A statement of the availability of the official file. (6f) A statement of the right of any person to submit written comments to the director of community development services regarding the application within 15 days of the date of the notice. (7-g) A statement that only the a2211cant, persons who submit written comments to the director of community development services,or persons who specifically requests a copy of the original decision may appeal the director's decision. (6h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (6i) 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. (b2) Distribution. Within 14 calendar days of issuing the letter of completeness, the director of community development services shall distribute this notice of application as follows: (4a) A copy of the notice of application will be published in the official daily newspaper of the city. (2b) 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. (3c) 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. (4d) 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, § 2(145.30), 2-27-90; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 01- 399, § 3, 8-7-01) SECTION 21. Chapter 22, Article VI, Section 22-396 of the Federal Way City Code shall be amended to read as follows: 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 U11 rlor this sertinr -skull become final subject to the following: (1) An apriliGarnr4 Or rather party of rernrhe may-be-aggrieved by the deGiisinn may-appeal the deride w4NF+4¢rlays of the iss aR.-Pe of the d n b 4e-cke-ctor of rnmrn ini y4evelopment GOFISictnnt with the nreyisir.n�f FWCr '',, `'2 else : If a written notice of appeal is received within the appeal ORD # PAGE 19 period, the decision-s4all_be re-herred to the hn7rinn ovnminer and shall not become final until the appeal process is complete and the city issues a final decision. Upon icc„anGe of the final-dec-i-+ i, e� ien the appliGant mann a��iyl y I-�ased{'Gn the .-eGiciGR r -ovjdzazedti.-ppIirnhle nnrm'sfc ia-y,-._by'. -p A. r d, (2) If no appeal is submitted within the 14 calendar day appeal period, the nreliminaFy ar4aval decision shall become final on the first calendar day following the expiration of the appeal period. UpGn-th"eGiSic�n-ber-Aming final, the nnnlirnn+ m+a_y,e-,nryJ'`J``age in aGti /ity based.-on the-dec-�sion� l-rovide appk2hle p+--F pifc have hoc s_-a nn . (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 1, 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 22. Chapter 22, Article VI, Section 22-397 of the Federal Way City Code shall be amended to read as follows: 22-397 Appeals. (a1) Who may appeal. The decision of the director of community development services related to either the land use approval or the community design guidelines decision may be appealed by aR -persen who is to receive a Gopy of that deGiSiOR „nd,e---F-WGGr the applicant, any person who submitted written comments or information, or any person who has specifically requested a copy of the decision. (b2) How and when to appeal. The appeal, in the form of a letter 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 letter of appeal must contain: (41-a) A statement identifying the decision being appealed, along with a copy of the decision; (fib) 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 (3c) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (E3) Fees. 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. (d4) Jurisdiction. Appeals from the decision of the director of community development services will be heard by the hearing examiner. (Ord. No. 90-43, § 2(145.60), 2-27-90; Ord. No. 97-291, § 3, 4-1-97) SECTION 23 Chapter 22, Article VI, Section 22-406 of the Federal Way City Code shall be amended to read as follows: ORD# PAGE 20 22-406 Decision on appeal. (a1) In General. The hearing examiner shall consider all information and comments within the scope of the appeal submitted by persons 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 e;+� affirm, reverse= or modify the decision being appealed. (b2) Issuance of written decision. Within 10 working days after the public hearing, the hearing examiner shall issue a written decision on the appeal. Within five working days after it is issued, the hearing examiner shall distribute the decision as follows: (4a) A copy will be mailed to the applicant. (fib) A copy will be mailed to the person who filed the appeal. (3—c) A copy will be mailed to each person who participated in the appeal. (44) A copy will be mailed to each person that specifically requested it. (5e) A copy will be mailed to the King County assessor. (s3) Effect. The decision by the hearing examiner is the final decision of the city, except where the proposed project that is the subject of the hearing examiner's decision involves a school (FWCC 22-1 and 22-605), a community recreation area (FWCC 22-1 and 22-607), a government facility (FWCC 22-1 and 22-610), a public utility (FWCC 22-1 and 22-609), or a public park (FWCC 22-1 and 22-611) located in a SE (suburban estates), RS (single-family residential), or RM (multifamily) zone,-where the heaFinn examine;:!&decision involves rig b"r, utility lFWQ- 221 and 22 609),Inr-atcd��R a RAI (neinhborheed h,iciness). BG (rnmmi inity business), or OP( �, in which case the hearing examiner's decision may be appealed to the city council in accordance with the provisions of FWCC 22-446 through 22-456. (Ord. No. 90-43, § 2(145.105), 2-27-90; Ord. No. 97-291, § 3, 4-1-97) SECTION 24. Chapter 22, Article VI, Section 22-407 of the Federal Way City Code shall be amended to read as follows: 22-407 Judicial review. If Tthe hearing examiner's decision affirming, modifying,or reversing the director's decision denying an application under this article is the final decision of the city, the hearing examiner's decision may be reviewed pursuant to Ochapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days after issuance of the final land use decision of the city. (Ord. No. 90-43, § 2(145.110), 2-27-90; Ord. No. 97-291, § 3, 4-1-97) SECTION 25. Chapter 22, Article VII, Section 22-436 of the Federal Way City Code shall be amended to read as follows: 22-436 Notice. ORD # PAGE 21 (a1) Contents. The director of community development services shall prepare a-the following notices of- aGh- pliGatien rnntaininn the following in�nrm � (4a) Notice of application. A notice of application shall contain: a:Q The name of the applicant and, if applicable, the project name. ii The date of application, the date of the notice of completion for the application, and the date of the notice of application. h.{iii} The street address of the subject property or, if this is not available, a I•eEatieRaI 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. G. The ritation_.of-thn_nreyision of this chanter decrrihinn applied_fnr rleGicion and to the extent AIn by the city, any other permits w4ic-h a.ra_net in GI irderd_Jn-t © appkatiO41 (div) A brief description of the requested decision, including a citation to the provision of this chapter governina the re uest, 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. e:Lvl A statement of the availability of the official file. fvi 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. g vii The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. I 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. (2b) Notice of public hearing. In addition to the information specified in s st r-¢-1 (a) thrr uq r1.y(.-). thissevti�on the notice of application, the notice of public hearing shall include the following: a:Q The Ddate, time, and place of the public hearing. Q 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. 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. (Q) Distribution. The director of community development services shall distribute these notices as follows: (4a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director of community development services shall distribute the notice of application as follows: ORD # PAGE 22 a.Q 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; Eiii 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. (2b) Notice of public hearing. The director of community development services shall distribute the notice of public hearing at least 14 calendar days before the hearing as follows: a:f)i 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; ii A copy will be published in a newspaper of general circulation of the city; iii A copy will be posted on each of the official notification boards of the city and public libraries within the city. (s3) 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. (d4) Timing for signs. The public notification sign or signs must be in place within 14 calendar days of issuing the letter of completeness and removed within seven calendar days after the final decision of the city on the matter. (Ord. No. 90-43, § 2(150.30), 2-27-90; Ord. No. 92-133, § 3(150.30), 4-21-92; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 01-399, § 3, 8-7-01) SECTION 26. Chapter 22, Article VII, Section 22-446 of the Federal Way City Code shall be amended to read as follows: 22-446 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' u+i-de-this+ cnrtinn chest' become final subject to the following: (1) An applicant nr ether party-of FeGord v'he may be aggrieved by fho derision may anneal the rte&iGn within 144 .^Msec of the iss- pee-ef-the4dec-}w{on by the direT.t[vr—of—c—ommuflity deyelnmm�nt run-ist- e t—h-,th,c-pFovisi44Rs of ��^�-22-4397 et seq. If a written notice of appeal is received within the appeal ORD # PAGE 23 period, the decision - hall be referred to the hearing d shall not become final until the appeal process is complete and the city issues a final decision. P Inrtn icci lama ofx�c.F}c na fil deGisien, th© anpkant may onre7no in h c"�fIvity-based on tha ded-sir.npFeNd-q Plk2ble permits h7e6 f (2) If no appeal is submitted within the 14 calendar day appeal period, the ppelk-nina^� decision shall become final on the first calendar day following the expiration of the appeal period. Uponth,-� ision beGeminn final, . the c`�f} F vity-base-d--Q{�I..the-deC4'SiGR Pf-9 sided appli-able per +t }ave-been-a 9ve�. r (Ord. No. 90-43, § 2(150.70), 2-27-90; Ord. No. 92-133, § 3(150.70), 4-21-92; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 00-375, § 15, 10-3-00) SECTION 27. Chapter 22, Article VII, Section 22-447 of the Federal Way City Code shall be amended to read as follows: 22-447 Appeals. (a1) Who may appeal. The decisions of the hearing examiner may be appealed by an XL narcnn , rho it to receive-a.-copy t,,,dar-i q inn i i dp 22-443—the applicant, persons who submit written or oral comments to the hearing examiner, or persons who specifically request a copy of the written decision. (b2) How and when to appeal. The appeal, in the form of a letter of appeal, must be delivered to the department of community development services within 14 calendar days after the issuance of the hearing examiner's decision. The letter of appeal must contain: (4a) A statement identifying the decision being appealed, along with a copy of the decision; (fib) 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 (3c) The appellant's name, address, telephone number and fax number, and any other information to facilitate communications with the appellant. (s3) Fee. The person filing the appeal shall include, with the letter of appeal, the fee established by the city. (41-a) In addition to the appeal fee, the appellant shall 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. (fib) In lieu of payment of the transcript preparation costs, the appellant may choose to prepare the transcript from tapes of the hearing provided by the city, at appellant's sole cost. The prepared transcript shall 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 shall be accompanied by an affidavit or certification by the appellant as to the accuracy and completeness of the transcript. (3c) The appeal will not be accepted unless it is accompanied by the required fee and appropriate costs. ORD# PAGE 24 (4d) The cost of the transcript shall be refunded to the appellant if the appellant substantially prevails on appeal. The city council shall decide whether appellant substantially prevailed on appeal and that decision shall be final. The transcript refund shall be limited to actual costs of transcript preparation as follows: a-Q City staff preparation. Hourly cost of preparation. Q Appellant preparation from tapes. Actual costs as shown by certified receipt or other evidence sufficient to the city. (d4) 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 28. Chapter 22, Article VII, Section 22-449 of the Federal Way City Code shall be amended to read as follows: 22-449 Participation in the appeal. Only those persons entitled to appeal the decision under FWCC 22-446447 may participate in either or both of the following ways: (1) By submitting written comments to the department of community development prior to the hearing or to the city council at the hearing. (2) 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. Ord. No. 90-43, § 2(150.90), 2-27-90; Ord. No. 92-133, § 3, 4-21-92; Ord. No. 97-291, § 3, 4-1-97) Editor's note — Ordinance No. 97-291, § 3, adopted April 1, 1997, deleted § 22- 449. Formerly, such section pertained to scope of the appeal and derived from Ord. No. 90-43, § 2(150.95), 2-27-90; Ord. No. 92-133, § 2, 4-21-92. SECTION 29. Chapter 22, Article VIII, Section 22-481 of the Federal Way City Code shall be amended to read as follows: 22-481 Notice. (a1) 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: (4a) The name of the applicant and, if applicable, the project name. The date of application, the date of the notice of completion for the application, and the date of the notice of application. (2c) The street address of the subject property or, if this is not available, a locatb.riakdescription of the location of the property in nonlegal 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. 13) The ritatiGn f tho r$^sinn of this rhapter r eSGrib'Rg the reg44e ted ORD # , PAGE 25 y the ri+�� oth rte;mi which ar n + s+s+ora-air to-# e-e3€te�-I nr�a �-"'`� `"'�.'`]] `"'�„e -,T„�s�„-rte,-,-,�e��ez innli ded in +he a ppJ,jc-,.AfiAn (4d) 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 extent known by the city, the notice shall include anv other permits which are not included in the application. (5e) The date, time, and place of the public hearing. (6f) A statement of the availability of the official file. (7g) A statement of the right of any person to submit written or oral comments to the hearing examiner regarding the application. (8),, °-statem--a t that only persons who submit rnmman+c + #he hea lfically4Luest a Gepy nr�the ern al deGisien mear `^p l F4� h®Aring exa.mineF' deci l'044- (9h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed. (4-0i) 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. (b2) Distribution. The director of community development services shall distribute this notice at least 14 calendar days before the public hearing as follows: (41-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. (2b) A copy will be published in the newspaper of general circulation in the city. (3c) A copy will be posted on each of the official notification boards of the city. (s3) 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. (d4) Timing. The public notification sign or signs must be in place at least 10 calendar days before the public hearing and removed within seven calendar days after the final decision of the city on the matter. (Ord. No. 97-291, § 3, 4-1-97; Ord. No. 99-337, § 2, 3-2-99) SECTION 30. Chapter 22, Article XI, Section 22-638 of the Federal Way City Code shall be amended to read as set forth in Appendix A. ORD # , PAGE 26 SECTION 31. Chapter 22, Article XIII, Section 22-947 of the Federal Way City Code shall be amended to read as follows: 22-947 Air quality regulations contamination as a public nuisance//. q , a) State reg�llati n ❑it ni ia1its� is-FeC�. d teyIsl the as gtG iean,..i't�I.r_AG:C hapter 7C) Clll .. Anor inr,iiin� rnm mint nr violation rnnnrrl' C CW--�--�,-�, �„�?,�- +ng--a+ria . be referred to the-Puget Sound ❑ir_l7jon Genrel ❑rethnrit, (h) a�rbk n'lisaaGe6 Any emission of air contaminants 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 Chapter Code. (Ord. No. 90-43, § 2(115.15), 2-27-90) SECTION 32. Chapter 22, Article XIII, Section 22-948 of the Federal Way City Code shall be amended to read as follows: 22-948 Erosion and sedimentation regulation. It is a development regulation violation, and a violation of this Chapter 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. It is also a development regulation violation, and a violation of this rhvhapte 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 33. Chapter 22, Article XIII, Section 22-950 of the Federal Way City Code shall be amended to read as follows: 22-950 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 s#apte Code. (-9ea-al-se-FkNCC- 2-2-- 4544egarding lighting r©gula4GRs ) (Se Feguint, (Ord. No. 90-43, § 2(115.50), 2-27-90) SECT10N 34. Chapter 22, Article XIII, Section 22-951 of the Federal Way City Code shall be amended to read as follows: 22-951 Heat regulation. Heat generated by any activity or operation on the subject property 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 G ublic nuisance, a development regulation violation, and a violation of this Ghapte ORD# PAGE 27 Code. (Ord. No. 90-43, § 2(115.55), 2-27-90) SECTION 35. Chapter 22, Article XIII, Section 22-958 of the Federal Way City Code shall be amended to read as follows: 22-958 Odor. Any odor which injures, endangers the comfort, repose, health or safety of person on abutting properties or streets, or in any way renders persons insecure in life or in the use of abutting properties or streets is a public nuisance, a development regulation violation and a violation of this Chapter Code.. (Ord. No. 90-43, § 2(115.100), 2-27-90) SECTION 36. Chapter 22, Article XIII, Section 22-959 of the Federal Way City Code shall be amended to read as follows: 9v9 00zca4v'vi#GM Fa6atinn is nor and re he state purci t-ant to f-°hnnter Rzfr� ,�- £'f€�gtby t� 79:9-9 RGW-.-Any GeFnplain+ iRq,,_ffy�inln+inn re5garrl.i,r+g-iG-RjZiR y radia+inn within the Gity wilkbe_rgTerred to +he ta-W- It 1r.! No. O(1-43�Trd.110), 2 2r99) SECTION 37. Chapter 22, Article XIII, Section 22-981 of the Federal Way City Code shall be amended to read as follows: 22-981 Application of division. This division establishes special regulations that govern the keeping of animals in any zone where a dwelling unit is permitted. The keeping of animals is permitted in any residential zone or other zone where a dwelling unit is permitted, subject to the provisions of this division and the provisions of Chapter 4, Animals. However, any provision of this division that is inconsistent with a specific provision applicable to suburban estate zones does not apply in suburban estate zones. (Ord. No. 90-43, § 2(115.20(1)), 2-27-90; Ord. No. 02-424, § 3, 9-17-02) SECTION 38. Chapter 22, Article XIII, Section 22-1071 of the Federal Way City Code shall be amended to read as follows: 2-24071 DemestiG rnma s. 1-7-a'• a+ ca _T�nnrrlineanimalsin resod or.+�a! rts, sha1e th tFigulatio. r kenning n-im plc in residentO Sneer of-R*t�, e (c r-d. Ne. 90 43,§-2(115.65(4)), 2 2� SECTION 39. Chapter 22, Article XIII, Section 22-1047 of the Federal ORD # PAGE 28 Way City Code shall be amended to read as follows: 22-1047 Exceptions. The following are excepted from the height limitations of this chapter: (1) For detached dwelling units: ka-) Vents and chimneys may exceed the maximum height limit. Jb-) 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 III. The city will approve the application if: 4-.Q Views across the subject property are not substantially impaired; and ii The antenna must be placed above the roofline in order to function properly. (2) Except as specified in subsections (1) and (23) of this section: Ja-) 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 (2)(a) of this section may be permitted if the director of community development determines that, based on accurate graphic representations provided by the applicant, views from adjacent properties will not be significantly affected. Jc-) An"ppurtenances, other than chimneys and antennas, must be screened from all streets and nearby properties. See FWCC 22-960 for requirements pertaining to rooftop screening. (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: Ja-) The radio tower and antenna structure is placed to minimize its visibility from adjoining properties, while still permitting effective operation; fb-) The radio tower and antenna structure does not extend higher than reasonably necessary to operate effectively; and Jc-) 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 city 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, § 2(115.60(2)), 2-27-90; Ord. No. 00-375, § 20, 10-3-00) SECTION 40. Chapter 22, Article XIII, Section 22-1111 of the Federal Way City Code shall be amended to read as follows: ORD 4 PAGE 29 22-1111 Application of division. #i-s--d.iv}.Winn esfnhlishes reg,ul,atiens nnnlirahle 1 ou GF-U r SteMge and activity.- (Q cts v i`y.(Q 90 4fi 2(115,105(111' . 07 QM — } SECTION 41. Chapter 22, Article XI 11, Section 22-1112 of the Federal Way City Code shall be amended to read as follows: 22-1112 Residential uses. - ie- h - ;-c� �r ic �t� E}W1.Wc �d--W-for outdoor-rcac4 i-sesi storage and aGti.Vi}ici-c etat-G {n mn}nr ��r�hl{ eS and-non-m-�d �r These-&ta sC�e��-&-prn}er�eF"Iue&-by__rQducing vis n[ Minhle'—�Jen9y' cS and fire safety. guard gai st the Gre e errlent anrd pest- a rberaga, and rlGd "vim h e imnnrfronr}rrhre natufa-l-env ren- -ept fry fh 'Rg—f-•Ff!GtoFyehide flu s- Outdoor uses, storage and activities normally associated with a residential use are permitted, unless otherwise regulated or prohibited by this chapter. All motor vehicle and non-motorized vehicle parking and storage for residential uses containing either detached or attached dwellings shall be in a garage, carport or on an approved impervious surface. Non-motorized vehicles may include but are not limited to travel and camp trailers, utility trailers, truck campers, and boat or vehicle transport trailers. Any garage, carport or impervious surface used for motor vehicle or non-motorized vehicle parking or storage shall have direct driveway access. This section does not apply to residential lots containing a detached dwelling unit where the total lot size is 20,000 square feet or more. However, junked, wrecked, dismantled, or inoperable motor vehicles must be stored in a completely enclosed building regardless of the size or zoning designation of the lot. (Ord. No. 90-43, § 2(115.105(2)), 2-27-90; Ord. No. 99-341, § 3, 5-4-99) deleting 22-1131 and 22-1132 and merging language into 22-1133 SECTION 42. Chapter 22, Article XIII, Section 22-1131 of the Federal Way City Code shall be amended to read as follows: 22-14 copeerdr�rasiom This diV'SieR estab4&hes what stru-Gt,ras Jimpreyements and aGtiyi}ies may-be4R eF take plaGe in Fequir yards a e ished..--tnr each use in nnrh z e-4y-this (Qr6--N0-90--43 § 2(445—,1-15 1));2 27 90) SECTION 43. Chapter 22, Article XIII, Section 22-1132 of the Federal Way City Code shall be amended to read as follows: ORD 4 PAGE 30 22-1132 E*Gep i some zones. This chant-, ecnorifirulatiefis regarding what4T63 4)4-4:�-&r4akn PlaGe {H r..qUiFed, -- son rnrtain in.st arrnGes. Where�appliEnha�trhi-Huse.Cid r ,Gnc7r' etn'�i-11n.-e an .1 ...— cisten+ provisions of this diyisi94:i7 SECTION 44. Chapter 22, Article XI Il, Section 22-1133 of the Federal Way City Code shall be amended to read as follows: 22-1133 Structures and improvements. _ This section establishes what structures and improvements may be in required yards as established for each use in each zone by this chapter. To the extent that specific, conflicting regulations for required yards are found elsewhere in this chapter, those regulations control over those found in this section. No improvement or structure may be in a required yard except as follows: (1) A driveway and/or parking area subject to the standards of FWCC 22- 1135. (2)Any improvement or structure, other than a driveway and/or parking area, that is not more than four inches above finished grade may be anywhere in a required setback yard. (3) An improvement or structure, that is not more than 18 inches above finished grade may extend not more than five feet into a required yard. (4) Chimneys, bay windows, greenhouse windows, eaves, awnings and similar elements of a structure that customarily extend beyond the exterior walls of a structure may extend up to 18 inches into any required yard. The total horizontal dimension of the elements that extend into a required yard, excluding eaves, may not exceed 25 percent of the length of the facade of the structure from which the elements extend. (5) Fences and railings not over six feet in height may be located in required yards subject to the fence regulations contained within this article. (6) Rockeries and retaining walls may be located in required yards if: Ja-)The rockery or retaining wall is not being used as a direct structural support for a major improvement; and Jb-)The rockery or retaining wall is reasonably necessary to provide support to a cut or slope. (7) Signs may be located in required yards subject to provisions of FWCC 22- 1596 et seq. (8) Covered walkways, no more than eight feet wide and 10 feet above finished grade and open along the sides, are permitted in required yards in commercial, office and industrial zones. (9) In low and medium density residential zones, the applicant may, through process III, request approval to locate a storage shed in a required yard, except a required front yard. The city may approve the application if: fa-1 The proposed structure is no more than eight feet high above finished grade; ORD # PAGE 31 fb-1 The maximum length of the facade of the proposed structure parallel to each property line, from which the required yard is not provided, shall not exceed 10 feet; �c-) The proposed structure contains no more than 120 square feet in total area; fd-.1 No reasonable alternative location exists on the subject property due to special circumstances regarding the size, shape, topography or location of the subject property or the location for legally constructed pre-existing improvements of the subject property; and fe-1 Permitting the intrusion onto the required yard will not create a material, negative impact on the character of nearby residential uses. (Ord. No. 90-43, § 2(115.115(3)), 2-27-90; Ord. No. 00-375, § 24, 2000) SECTION 45. Chapter 22, Article XIII, Section 22-1134 of the Federal Way City Code shall be amended to read as follows: Outdoor-uses, a''+ot--.1.-e-s --A St$Fage-. €or egg a#+eps a�td ses, activities and Fag e,see-FWCCC-224 et seq. (Or-d—. Ne. ono § 2�41. .1 15( �a�) SECTION 46. Chapter 22, Article XIII, Section 22-1201 of the Federal Way City Code shall be amended to read as follows: 22-1201 Discharges as pRublic nuisances and violations. In addition to the other requirements of this section, any discharge into water or change in water quality 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 s#apter Code. (Ord. No. 90-43, § 2(115.150(6)), 2-27-90) SECTION 47. Chapter 22, Article XVI I, Section 22-1568 of the Federal Way City Code shall be amended to read as follows: 22-1563 Landscape plan approval. (a1) No permit shall be issued to erect, construct or undertake any development project without prior approval of a landscape plan by the department of community development. (b2) Required landscape plans for all projects that are subject to the site ^' vie ec-ess as sc in A e-"f4his-'Chapter process I, II, III, or IV shall be prepared by a Washington State licensed landscape architect. (Ord. No. 93-170, § 4, 4-20-93) SECTION 48. Chapter 22, Article XVII, Section 22-1568 of the Federal Way City Code shall be amended to read as follows: ORD# . PAGE 32 22-1568 Significant trees. (a1) Purpose. The purpose of this section is to: (4a) Regulate the removal of trees from property within the city in order to preserve, protect and enhance a valuable natural resource; (2b) Establish standards to limit the removal of and ensure the replacement of trees sufficient to safeguard the ecological and aesthetic environment of a community; (3c) Discourage the unnecessary clearing and disturbance of land so as to preserve the natural and existing growth of vegetation; and (4d) Maintain a minimum number of significant trees. (4;2) Definition. A significant tree shall be defined as: (4a) At least Ttwelve inches in diameter or at least 37 inches in circumference measured four and one-half feet above ground; and (2b) In good health; and (2b) Not detrimental to the community (e.g., is not diseased, dying, or likely of falling into public open space or right-of-way, etc.) or obscuring safe sight distance requirements. Significant trees shall not include red alder, cottonwood, poplar or big leaf maple. V' Figure 10 - SeC. 22-1568(b) (s3) Standards. (4a) Retention required. Significant trees shall be retained an the pFoperty to the maximum extent possible in all residential, commercial, industrial, or institutional developments as follows: a. (i) 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. # ii All significant trees located within any required perimeter landscaping area shall be retained, provided that this requirement shall not apply to commercial zoning districts. iii 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. ORD 4 . PAGE 33 d iv 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. eL LvLThe significant tree retention requirements of this chapter shall not apply to the city center zoning district. vi There shall be no cutting of significant trees without authorization from the city for the purpose of preparing that site for future development. g vii 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 broadleaf 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. (fib) 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.fiLA tree survey or cluster survey that identifies the location, size, number and species of all significant trees on the site. ii A development plan identifying the significant trees that are proposed to be retained, removed, transplanted, or replaced, including a final report on percentage retained. (3c) 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 (s)(I-)a(3)(a 1 , provided the tree meets at least one of the following criteria: a.Di The tree is located in a grouping of at least five trees with canopies that touch or overlap; or ii The tree provides energy savings through winter wind protection or summer shading as a result of its location relative to proposed buildings; or iii The tree belongs to a unique or unusual species of native or non-native tree not usually found locally. (4d) 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 of 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. (5e) When required significant trees cannot be retained (see subsection (f) of this section), significant trees that are removed shall be replaced with: a:fiLTransplanted or retained on-site trees four-inch caliper or larger, which meet the definition of significant tree in all manner except size, and ORD # PAGE 34 approved by the community development director, based upon the director's assessment of the location of the tree in relation to the proposed site development; or #: ii 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. (6f) The following management practices shall be observed on sites containing significant trees, to provide the best protection for significant trees: a-. (i) 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; ii 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 either: a-� A temporary five-foot chain link fence. 2-.�B A 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 iii No impervious surfaces, fill, excavation, or storage of construction materials shall be permitted within the no disturbance area; iv 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.LyLThe grade level shall not be lowered within the larger of the two areas defined as follows: ��The drip line of the tree(s); or 2-.LB) An area around the tree equal to one foot in diameter of each inch of tree trunk diameter measured four feet above the ground; vi Alternative protection methods may be used if accepted by the director of community development department to provide equal or greater tree protection; g-jyiiLEncroachment 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, § 4, 4-20-93) SECTION 49. Chapter 22, Article XVIII, Section 22-1599 of the Federal Way City Code shall be amended to read as set forth in Appendix B. SECTION 50. Chapter 22, Article XX, Section 22-1653 of the Federal Way City Code shall be amended to read as follows- 22-1653 Exceptions. ORD # PAGE 35 The following actions are exempt from the provisions of this article: (1) Development proposals and permits listed in FWCC 22-31 Q)(b) and-(s). Preapplication_conferences for such proposals and permits are optional. Optional preapplication conferences will be scheduled bV the director on a time-available basis. (2) Projects that are granted a written waiver by the director of community development services based on the following procedure: fa-)The applicant submits a written request to the director of community development services for a waiver from the requirement to undergo a preapplication conference based on one or more of the following criteria: The simple nature of the proposal; 2- ii The project would be severely impacted by the preapplication process due to time or financial constraints outside the control of the applicant; 3 iii The site has previously undergone preapplication, site plan or other land use review for the same or similar development proposal and it is unlikely further preapplication review will provide any benefit to the city or applicant; 4-._CivJ The director determines preapplication review is not in the best interest of the city or applicant. fb-)The applicant is advised in writing that waiver of preapplication review increases the risk of the application being incomplete or that the processing time will be increased. IA �apnliGation GenfarFe for-awl development proposal or permit listed in FVVbG-2-2-3 ---b,l and Irl of tl s-section- ,S-eptj&Ral. QptiOR21 tnreappliGation - ronferep,c ill` be erhed el-A k" �-d�ifeGt `f ait f -a a�idbIa hasis (Ord. No. 97-291, § 3, 4-1-97) SECTION 61. Chapter 2, Article IV, Section 2-336 of the Federal Way City Code shall be amended to read as follows: 2-336 Disposition of confiscated and forfeited firearms. W All firearms taken into the custody of the Federal Way de partrneRt of p bliG safety police department and fle-IGRger not needed for evidence shall be disposed of as follows: (1) Firearms illegal for any person to possess shall be destroyed. (2) If subsection (1) does not apply, the police department may seek judicial forfeiture under RCW 9.41.098 or the department may comply with the provisions of RCW 63.32.010 and either return the firearm to its owner or forfeit the firearm if it is unclaimed. Antique-f+ra@rn s and firearms reGGgnil7`, d as —M,=os-, reIinc anrt fiFe2rms of nartin, far hi..t�}. ! Si9rrifiC-2r�l-. e by the United States �virvu, ui�:.r Ll C. CF-C-' l ir-7hn�,ifi 7 (� re the }� Treas n, lla �Ftment R�irea � of Al-cohol-a-nd-TebaGGn 2Rd firearms exempt frnm destri iniong-h-all beds ,sed Of OR aGGGr-dance---with-�RCW -9, 1.098(E);-ar n cin-a�rrvrr-�'rrn�—Q here-After omonede (3) Except as provided in subsection (4) Aall ether firearms that are y forfeited e �eited�d�e �-a f �r�, - � �� r� E �i laim ndez 6`26 under subsection_ (2} shall be destroyed, except that sus# firearms ORD # PAGE 36 which meet the Federal Way ftfl%gt--vf Publ;, Safety police department's standard for use may be retained and used by the department. (Ord. No. 00-376, § 1, 11-7-00) (4) Any forfeited antique firearms or firearms recognized as curios, relics and firearms of particular historical significance by the United States treasury department bureau of alcohol tobacco firearms and explosives, are exempt from destruction shall be disposed of by auctionor trade to licensed dealers. (Ord. No. 00-376, § 1, 11-7-00) SECTION 52. Findings. Specifically as to sections that amend sections of Chapter 22, Zoning, the City Council finds (1) the proposed amendments are consistent with the applicable provisions of the comprehensive plan; (2) the proposed amendments bear a substantial relation to public health, safety, or welfare; and (3) the proposed amendments are in the best interest of the residents of the city. SECTION 53. 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 54. 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 ORD # PAGE 37 of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 55. Concurrent Legislation. A currently pending ordinance, Ordinance number , An Ordinance Providing An Exception To Animal Regulations For Police Dogs, amends FWCC 4-1 as does this one; changes made to FWCC 4-1 in this ordinance are intended to be in addition to any changes made by the other ordinance, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by the other ordinance. Another currently pending ordinance, Ordinance number An Ordinance Amending The Name Of The Department Of Public Safety To The Police Department, amends FWCC 2-336 as does this one; changes made to FWCC 2-336 in this ordinance are intended to be in addition to any changes made by the other ordinance, this ordinance is not intended to repeal, reenact, or modify portions of the section that are enacted, repealed, or modified by the other ordinance. SECTION 56. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. ORD # PAGE 38 SECTION 57. 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 day of , 200_. CITY OF FEDERAL WAY MAYOR, MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, 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.: ORD# , PAGE 39 7 ttl � L 3 r aGi G°3 ci) o ca ? = n o ° ° ° �...Ei a) c w M C x.y G on `0 0 m G 00 Q. o U ID F- G C 0. _ N Y r t- 'd N Nca A 'j. ` ui O G ° _ a) U 3 U .'G. a'Oi cn U 0 � •3� � C •y ° x N T z ° y r0 ^ U a) E y 'O a)N E a Y �/ Tn (••� O G c0 ^ w N G U y y T cap C O F 'O C Q, D W Q o C. ECd > N y Y > o Q o ' f~. c cG�:, •3 'o.? 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(al) Permit requirements. No sign governed by the provisions of this Code shall be erected, moved, enlarged, altered or relocated by any person without a permit issued by the city unless such sign is expressly excluded from this permitting requirement pursuant to subsection (d4) of this section. An applicant shall pay the permit fees set forth in the city's fee schedule. No new permit is required for signs which have valid, existing permits and which conform with the requirements of this Code on the date of its adoption unless and until the sign is altered or relocated. Signs which, on the date of adoption of this Code, or date of annexation if located in areas annexed to the city thereafter, do not conform with this Code's requirements may be eligible for characterization as legal nonconforming signs under FWCC 22-335. (b2) Permit applications. Applications for permits shall contain the name and address of the owner and user of the sign, the name and address of the owner of the property on which the sign is to be located, the location of the sign structure, drawings or photographs showing the design and dimensions of the sign, details of the sign's proposed placement and such other pertinent information as the administrator may require to ensure compliance with this Code. (s3) Permit expiration and inspection. All sign permits expire one year from the date of issuance. If no work was initiated to install or construct any part of the sign, the permit for such sign expires six months from the date of issuance. All signs for which a permit was issued must receive a final inspection for compliance with applicable requirements. It is the responsibility of the applicant to provide access for inspection. (d4)Permit exceptions. (+a) Maintenance and operation. A sign permit is not required for maintenance of a sign or for operation of a changeable copy sign and/or an electronic changeable message sign. (2b) Exempt signs. A sign permit is not required for the following signs or modifications to signs; pfw4ded, however, that such signs shall comply with all of the €ellewin described requirements: a Q Address identification with numbers and letters not more than 10 inches in height. b ii Balloons no greater than 18 inches in diameter and no more than five balloons per display with a tether no longer than 36 inches.No more than two displays are permitted per site. e-.Ciiij Barber poles. iv J Construction signs, so long as such signs are limited to two signs per project and each sign does not exceed 32 square feet per sign face and 10 feet in height. Construction signs shall not be displayed prior to issuance of a building permit and shall be removed prior to the issuance of a certificate of occupancy. One "Coming Soon" or "Open During Construction" sign per site entrance is also permitted. e Lvv)Directional signs, on-site. Each sign shall not exceed four square feet in sign area if the directional sign is indicating one direction and shall not exceed eight square feet in sign area if such sign is indicating more than one direction. Each sign may be no more than five feet in height. No more than two signs per street frontage are permitted for multi-tenant complexes. Single-tenant properties shall be reviewed on a case-by-case basis. Center or complex names or logos shall not comprise more than 20 percent of the total sign area. € vi Flags of any nation, government, educational institution, or noncommercial organization. Decorative flags without corporate logos or other forms of advertising are also excluded from permit requirements. All flags must be a minimum size of five square feet unless it is a national or state flag and the official national or state flag is less than five square feet in size but not larger than 40 square feet in size. g.Jviij Fuel price signs. Signs shall be located on the property where fuel is sold, shall be limited to one monument sign per street frontage not exceeding five feet in height and sign area shall not exceed 20 square feet per sign face. 1- viii Gravestones or other memorial displays associated with cemeteries or mausoleums. ix Historical site plaques and signs integral to an historic building or site. j-.Lx)Holiday decorations displayed in conjunction with recognized holidays. k-.Lxil Incidental signs attached to a structure or building, providing that the total of all such signs per use or business shall not exceed two square feet. kxii Instructional signs that do not exceed six square feet in area per sign face. ffr.�� Integral design features when such features are an essential part of the architecture of a building(including religious symbols) and when such features do not represent a product service, or registered trademark. n xivIntegral signs when no more than one per building. xv Interior signs located completely within a building or structure and not intended to be visible from outside the structure,exclusive of window signs. LxD I Menu board not to exceed 32 square feet per sign face and a maximum height of five feet(two permitted per site). q-.Lx3diJ Nameplates not to exceed two square feet per sign face. Nonblinking small string lights which are part of decoration to be used in association with landscaped areas and trees. s xix Point of purchase displays. Point of purchase signs are limited to two square feet in area and one sign per point of purchase. Such signs shall only display instructional or price information and shall not include copy pertaining to any special sale or promotion. Point of purchase display signs shall be permitted in conjunction with an outdoor use, activity, or storage as authorized under Article II,Division 8 of this chapter. :�(xx Political signs so long as the maximum area per sign is limited to six square feet. No political sign shall be displayed later than seven calendar days after a final election. �r xxi Private advertising signs. The sign shall be limited to eight square feet per sign face and five feet in height, the sign must be immediately removed at the end of an event, use or condition, the sign must contain the address of the event or advertiser, and there shall be no more than six such signs advertising an event. Private notice signs. . xxiii Real estate signs. 4-.W Off-site. The number of off-site real estate signs shall be limited to 10 per property per agent; provided,however, that there shall be a minimum separation of 200 lineal feet between such signs, except that signs may be placed less than 200 feet apart when necessary to indicate a turn or change in direction of travel. The area of such signs shall be no greater than six square feet per sign face. All off-site real estate signs must be removed each day at the conclusion of the open house or other sales event and are permitted only between sunrise and sunset when the seller or the agent are in attendance at the subject property. 2.�W On-site. The number of on-site real estate signs shall be limited to one per agent per street frontage or public entrance if no street frontage exists. For dwelling units, the area of the sign shall be no greater than six square feet per sign face. For other uses and developments, the size shall not exceed 32 square feet per sign face. All on-site real estate signs must be removed when the sale closes, or in the case of a rental or lease,when the tenant takes possession. xxiv Temporary business signs for temporary business defined by FWCC 9-386; provided, however, that each licensed temporary business is only allowed two signs of 16 square feet per sign face. If only one sign is used,that sign may be 32 square feet per sign face. y,fxxv Under canopy signs not exceeding the width of the canopy and eight square feet in size; and provided,that a minimum separation exists between such signs equal to 20 lineal feet or more. xxvi Warning signs. aa- xxvii Window signs not exceeding 25 percent of the window area only to advertise products, goods or services for sale on site, business identification, hours of operation, address, and emergency information. bbt(mviii) Signs on sports field fences not exceeding 32 square feet per sign that are securely attached to the fence, are not protruding above the fence line, and are oriented to the interior of the field. (e5) Temporary and special signs. No permit for any sign for any civic event, community service event, special sale/promotional event, grand openings, mural display or scoreboards shall be issued unless such sign complies with the sign type, maximum number, maximum sign face area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 1,"Allowances for Temporary and Special Signs—Permit Required." (€6) Government signs. The allowable type, number, sign area, height, location, and content of signs used to identify government facilities in residential zones must comply with Table 2, "Sign Allowances for Residential Zones — Permit Required." Signs for government facilities in nonresidential zones must comply with the requirements of FWCC 22-1601. All signs must be approved by the city. Street and traffic signs are excluded from these requirements. (g7) Residential zone signs. No permit in any residential zone shall be issued for any sign unless such sign complies with the sign type, maximum number, maximum sign area, maximum height, location, duration and all other allowances and limitations for those uses described in Table 2, "Sign Allowances for Residential Zones—Permit Required." (138) Sign registration. No person shall maintain a sign in the city without first having been issued a proper and current sign registration or a sign inventory sticker, unless the sign is expressly exempt from permit requirements. All signs exempt from the permitting requirements set forth in this section shall be exempt from the registration requirements, or from having to obtain a sign inventory sticker. However, exempt signs must still be reviewed to ensure conformance with this article. A sign registration shall be valid until such time as the applicant alters the sign in any way, in which case the applicant will be required to apply for a new sign registration and sign permit. The city shall affix the registration sticker containing the registration number to the permitted sign. For signs located in areas annexed to the city, the city will issue a notice of determination as to whether the sign is in compliance with this Code, is a legal nonconforming sign pursuant to FWCC 22-335, or an illegal nonconforming sign pursuant to this Code. (i9) Bond. The city may require a bond under FWCC 22-146 et seq. to ensure compliance with any aspect of this article. Table 1 Allowances for Temporary and Special Signs—Permit Required Sign Applicable Sign Type Maximum Maximum Maximum Purpose/ Location Remarks � Description Zones Allowed ;Number ign Area Height Civic event All Wall- Handled Off-site Five feet On site I 30 days or community mounted an acase-by-;signs, except wall- :and off site ;prior to the service event i ers, ase basis excluding wall-mounted signs levent. :(temporary) 16C�m�lvl ry mounted Remove pprtable signs, banners,may within five inflatable be no larger days of the ` advertising than six square close of the deG ices,search feet per face. event f lights and On-site signs beacons and wall- mounted banners may be no larger than I 2 square feet _,per face The total sign area of freestanding monument signs shall not exceed 64 square feet for Monument Non- Electronic he total of a]Isigns:six feet. changeable residential Civic event on/of�'site.Freestandinones:faces and no Freestanding message signs All monumen[or g or community One per one face shall signs: 12 feet. allcm ed- service event wall sign site exceed 32 Wall signs esidential 'Signs cannot (permanent) quare feet. shall not contain all signs project above ones:on commercial shall not he roofline site only messages exceed seven percent of the exposed building face to which it is attached Special ;promotions: ii On site. 90 days total Special sale/. Non- 1 Banners per calendar promotional residential Handled Handled on Handled on:must be year.No event(C-c' Banners only on a case-by-a case-by-case a case-by-case attached to more than anniversary zontzzg case basis basis basis an exposed four events sale,etc.) istncts building per year. face Does not include C G�indow Sims Banners, temporary On site. � Grand ' Non- portable signs, Banners openings: 30 Grand residential inflatable Handled Handled on Handled on must be days. Event on a case-by-a case-by-case a case-by-case attached to IIIust occur openings zoning vertising +case basis basis basis an exposed 60 districts devices,search lights and building days of b::icons face ucruh.:ne} Non- Handled " Handled Handled on Handled on Mural residential on a case- display oning y Painted mural on a Case-by-a case-by-case a case-by-case by-case _ districts case basis basis basis basis Scoreboards ElectronicHandled Handled on Handled on Handled (athletic I All :changeable on a case-by-a case-by-case 'a case-by-case on a case- by-case fields) i message sign case basis basis baas _ _— basis Table 2 Sign Allowances for Residential Zones—Permit Required Residential Zones= Suburban Estates(SE), Single-Family (RS), Multifamily Residential (RM) Applicable Sign Type Maximum Maximum Land Use Maximum Sign Area Location Remarks Zone Allowed Number Height Institutional SE,RS, Canopy One sign for The total sign area of Wall and Subject Internally • Govt. RM sign �feach public monument signs shall anopy signs: property: illuminated signs facility Monument entrance nat exceed 64 square cannot project setback are not allowed; • Public park sign providing feet for the total of all above the five-foot provided,however, • Public iPedestal direct vehicle faces and no one face oofline. minimum that electronic utility sign access shall exceed 32 square Monument changeable • School Wall sign feet.Wall signs andsigns:six feet. message signs and canopy signs shall not Pedestal sign: changeable copy exceed seven percent of 12 feet signs are allowed. the exposed building City may impose face to which it is additional attached limitations on signs i to be compatible with nearby residential areas Recreation ISE,RS, Canopy One sign for The total sign area of Wall and Subject Internally • Golf course RM sign each street monument signs shall canopy signs: property: illuminated signs • Recreation (Monument frontage not exceed 64 square cannot project setback are not allowed; area or sign providing feet for the total of all above the five-foot provided,however, k clubhouse !Pedestal direct vehicle faces and no one face roofline. minimum that the electronic • Sports field !sign access shall exceed 32 square Monument changeable —Private, ;Wall sign feet.Wall signs and signs:six feet. message signs and non- canopy signs shall not Pedestal sign: changeable copy commercial exceed seven percent of 12 feet signs are allowed. the exposed building City may impose face to which it is additional attached limitations on signs to be compatible with nearby residential areas Residential Slw;RS, onument 10ne per Two square feet Wall and Subject Commercial dwelling units RM isign dwelling unit canopy signs: property: messages not 11 Wall sign cannot project setback allowed.Internally above the five-foot illuminated or EI roofline. minimum electrical signs not Monument allowed I signs:five feet ` Subdivision SE,RS, (Monument Two per totaling signs per entrance Wall and Subject Commercial 1 identification RM sign major totaling no more than canopy signs: property messages not Pedestal entrance 0 square feet.No one cannot project allowed.Internally - sign ign may be more than above the illuminated or Pole sign 32 square feet roofline. electrical signs not Pylon sign Monument, allowed.Signs may Wall sign ! pedestal,pole {be included as part j or pylon lof a fence or other signs:five feet architectural feature Small Lot RM 'Monument Two per iTwo signs per entrance iMonument, Subject !Commercial Detached sign major !totaling no more than !pedestal,pole property messages not Subdivision iPedestai entrance 00 sq. ft.No one sign br pylon allowed. Internally Development (sign Emay be more than 32 ;signs:five ft. jilluminated or ,Pole sign Esq,ft. electrical signs not Pylon sign {allowed. Cottage ®IRM,RS ,Monument ;Two per Two signs per entrance!monument, Subject iCammereial Applicable Sign Type, Maximum Maximum Land Use Maximum Sign Area Location Remarks Zone :AlloFred i. Number I Height I i Housing 0,RS 7.2 sign major totaling no more than (pedestal,pole property messages not Pedestal entrance 50 sq.ft.No one sign or pylon allowed. Internally Sign may be more than 32 signs:five ft. illuminated or #'ole slyjl sq.ft. lectrical signs not Pvlon sign allowed. Zero Lot Line RM, S Montiment T',�'o per wo signs per entrance Monument, Subject Commercial Townhouse sign major totaling no more than pedestal,pole property essages not Development !Pedestal entrance 50 sq.ft.No one sign or pylon allowed.Internally sign may be more than 32 signs:five ft. illuminated or !Pole sign sq.ft. electrical signs not !Pylon sign allowed. Manufactured RS,RM ;Monument'Two per 32 square feet per Wall and Subject Commercial home park sign ,major entrance.Wall signs canopy signs: property: essages not :identification ;Wall sign entrance and canopy signs shall cannot project setback allowed. Internally I not exceed seven above the five-foot illuminated or percent of the exposed roofline. minimum Iectrical signs not building face to a Monument allowed maximum of 100 signs:five feet square feet Multifamily RM,RS (Monument;Two per 32 square feet per Wall and Subject Commercial i `complex sign [major entrance.Wall signs canopy signs: property: essages not ''Identification Wall sign !entrance and canopy signs shall cannot project!setback allowed. Phone not exceed seven above the !five-foot numbers are percent of the exposed roofline. minimum permitted on wall- building face to a Monument mounted signs aximum of 100 signs:five feet when not facing quare feet another residential use.Internally illuminated or electrical signs not allowed jUnique SE,RS [Flandled on Handled on a Handled on a case-by- Handled on a Handled `attdled on a case- Cemetery a case-by- 'case-by-case case basis case-by-case on a case- by-Case basis case basis {'basis basis by-case basis -Day care or pre-;SE,RS, Canopy Onc !Wall or canopy signs Five feet Subject Electronic school, RM sign freestanding ;may not exceed seven property: changeable 'excluding Monument sign per street percent of the exposed setback message signs and Class II home sign frontage bui[ding face to which five-foot changeable copy occupations Wall sign the sign is attached to a minimum signs are allowed. Imaximurn of 50 square City may impose I feet.The total sign area additional for monument signs limitations on signs may not exceed 20 to be compatible square feet per sign with nearby face.A day care or pre- residential areas school that is part of a church or synagogue may add 20 square feet per face to an existing monument sign associated with the 1 church or synagogue ; Church, $I,RS, ;Canopy 10ne sign for The total sign area of (Wall and Subject Electronic synagogue,or RM ign each street monument signs shall canopy signs: property: !changeable other place of Monument frontage not exceed 64 square ,cannot project setback imessage signs and eA Pble�Sign YPe Mm Land Use Zone Allowed Number Maximum Sign Area Height �Locatio _— Remarks worship sign providing feet for the total of all ;above thefive-foot changeable copy Wall sign direct vehicle faces and no one face IEgns: oofline. minimum signs are allowed. access shall exceed 32 square onument ;City may impose feet.Wall signs and five feet jadditional € r canopy signs shall not limitations on signs j xceed seven percent of to be compatible he exposed building (with nearby face to which it is iresidential areas attached (Ord.No. 99-348, § 5, 9-7-99; Ord.No. 99-357, § 5, 12-7-99; Ord.No. 05-486, § 3,4-19-05; Ord.No. 05- 487, §3,4-19-05) 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 PREPARE A DRAFT RE-CODIFICATION AND REORGANIZATION OF THE FEDERAL WAY CITY CODE TO BE KNOWN AS 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 W,�� CI in, (`n(ie. The City Council of the City Of Federal Way directs the City Clerk in conjunction with Code Publishing to organize, compile, edit, produce, and republish a new codification of the RES # . Page 1 Federal Way City Code to be known as the Federal Way Revised Code. The new codification shall be based on a decimal system of title, chapter, and section, similar to the state RCW's. The former nomenclature of chapter, article, division, section, or subsection shall be replaced with the appropriate title, chapter, subchapter, section, and subsection terms. All internal citations shall be corrected as well, and shall conform to the style of the Washington State code reviser's office's "Bill Drafting Guide 2007." Subsections and subparagraphs shall be re-enumerated using the following sequence and style: (1)(a)(i)(A)(I). Numbering shall be removed from definition lists and the words defined shall be indented, italicized, and set off with quotation marks. Cross reference sections shall be developed to include cross references between related sections of the code as well as applicable state law. A draft version shall be produced for further review by City staff and for the City Council's final approval of the new publication. Sectic)n 2. 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. Sectloii % Ra.tiFcation. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. Section 4. 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. RES 4 . Page 2 CITY OF FEDERAL WAY MAYOR,MICHAEL PARK ATTEST: CITY CLERK, LAURA HATHAWAY, CMC APPROVED AS TO FORM: CITY ATTORNEY, PATRICIA A. RICHARDSON FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO.: RES # ___ Page 3 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). FEDERAL WAY REVISED CODE FEDERAL WAY CITY CODE Title 1 General Provisions Chapter 1 General Provisions Chapter 1.05-Code Construction Chapter 1 Article I Chapter 1.10-Criminal Enforcement of Code Chapter 1 Art 11 Chapter 1.15-Civil Enforcement of Code Chapter 1 Art 111 Chapter 1.20-Claims Against the City Chapter 2 Art V Chapter 1.25-Appeal Procedure Chapter 2 Art VI Chapter 1.30- Initiative and Referendum Powers Chapter 2 Art VII Chapter 1.35-Annexation Chapter 19 Art Ill Title 2 Government Chapter 2 Administration Departments. Officials, and Employees Chapter 2 Art ll, IV, X Chapter 2.05-Government in General Chapter 21 Article IV Division 1; Chapter 2 Art I Chapter 2.10- - .. , Mayor Chapter 2 Art 11 Chapter 2.15-Municipal Court Chapter 1 Art X Chapter 2.20-Hearings Examiner Chapter 22 Art 11 Div 3 Chapter 2.25-Police Department Chapter 2 Art IV Div 4 Chapter 2.30-Community Development Department Chapter 22 Art 11 Div 4; Chapter 22 Art 11 Div 5 partial Code enforcement officer-Duty to FWCC 22-121 investigate. Code enforcement officer-Entrance on FWCC 22-122 private property. Chapter 2.35- Indemnification Chapter 2 Art IV Div 2 Chapter 2.40-Travel Policy and Procedure Chapter 2 Art IV Div 3 Boards. Committees, and_Carr Chapter 2 Art III Chapter 2.45-Civil Service Commission Chapter 2 Art 111 Div 1 Chapter 2.50-Arts Commission Chapter 2 Art 111 Div 2 Chapter 2.55- Human Services Commission Chapter 2 Art 111 Div 3 Chapter 2.60-Youth Commission Chapter 2 Art 111 Div 4 Chapter 2.65- Diversity Commission Chapter 2 Art 111 Div 5 Chapter 2.70-Disability Board Chapter 2 Art 111 Div 6 Chapter 2.75-Lodging Tax Advisory Committee Chapter 2 Art 111 Div 7 Chapter 2.80- Independent Salary Commission Chapter 2 Art 111 Div 8 Chapter 2.85-Parks and Recreation Commission Chapter 11 Art 11 Chapter 2.90-Planning Commission Chapter 22 Art II Div 2 Title 3 Revenue and Finance Chapter 7; Chapter 14 Taxation Chapter 14 Chapter 3.05- 'gtion (;enierjflly Chapter 14 Art IV Div 1 Chapter 3.10-Utilities Chapter 14 Art V Chapter 3.15- Excise Tax on Sales Chapter 14 Art II Div 2 Chapter 3.20- Chapter 14 Art 11 Div 3 Chapter 3.25-Transient Lodging Tax Chapter 14 Art Il Div 4 Chapter 3.30-Multifamily Dwelling Unit Limited Property Chapter 14 Art 11 Div 7 Tax Exemption Chapter 3.35- . Chapter 14 Art 111 Div 2, Chapter 14 Art Ill Div 3 Chapter 3.40-Gambling Activities Chapter 14 Art IV Div 2 Finance Chapter 7 Chapter 3.45- i=,nce in General Chapter 7 Art I Chapter 3.50-Funds Chapter 7 Art II Title 4 City Property Chapter 11, 13 Parks - - Chapter 11; Chapter 13 Chapter 4.05-Park Regulations Chapter 11 Art III Chapter 4.10-Smoking in City Buildings Chapter 13 Art III Div 2 Chapter 4.15-Art in Public Places Chapter 2 Art IX Streets and Sidewai Chapter 13 Chapter 4.20-Vacation of Streets Chapter 13 Art IV Chapter 4.25- Rights-of-Way Chapter 13 Art 11 Chapter 4.30- Chapter 13 Art V Div 1, 2 Chapter 4.35- Right-of-Way Vegetation Chapter 13 Art VII Chapter 4.40-Sidewalks Chapter 13 Art VI Title 5 Reserved Title 6 Public Safety and Welfare Chapter 6 Chapter 6.05- 'ublic Safety and Welfare in. Genf_;:I Chapter 6 Art I Chapter 6.10- -),-ug, Alcohol, and Poisons Chapter 6 Art ll, IV; Chapter 2 Art Vlll Chapter 6.15- lehicles Chapter 15 Art ll; Chapter 15 Art X Chapter 6.20- :'hildren and Minors Chapter 6 Art 111 Chapter 6.25 ,rearms and Dangerous Weapons Chapter 6 Art VI; Chapter 2 Art Xl Chapter 6.30- Property Chapter 6 Art IX Chapter 6.35- Persons Chapter 6 Art Vlll Chapter 6.40-Dishonesty Chapter 6 Art VII Chapter 6.45-Public Morals Chapter 6 Art X Chapter 6.50-Public Officers Chapter 6 Art XI Chapter 6.55-Public Peace Chapter 6 Art X11 Chapter 6.60- Fire Chapter 6 Art V Chapter 6.65-Gambling Chapter 6 Art XV Chapter 6.70- +blic Nuisance Chapter 6 Art XIV Chapter 6.75-�vliscellaneous Crimes and Offenses Chapter 6 Art X111 Title 7 Public Nuisances Chapter 10 Chapter 7.05- l,aisances in General Air quality regulations. FWCC 22-947 Erosion and sedimentation regulation. FWCC 22-948 Glare regulation. FWCC 22-950 Heat regulation. FWCC 22-951 Odor. FWCC 22-958 Radiation. FWCC 22-959 Chapter 7.10- Noise Chapter 10 Art 11 Maximum environmental noise levels. FWCC 22-956 Noise level bonds. FWCC 22-957 Chapter 7.15-Graffiti Chapter 10 Art 111 Chapter 7.20-Junk and Junk Vehicles Chapter 15 Art V Div I Junk and junkyards prohibited. FWCC 22-952 -ritle 8 7-ffic and Vehicles Chapter 8.05- 1.*affic and Vehicles in General Chapter 15 Art I Chapter 8.10-Commute Trip Reduction (CTR) Chapter 15 Art VII Chapter 8.15- Impoundment for No License Chapter 15 Art Vlll Chapter 8.20-Motorized Foot Scooters Chapter 15 Art 1X Chapter 8.25—Bicycles Chapter 15 Art VI Chapter 8.30—Speed Limits Chapter 15 Art 111 Chapter 8.35—Cruising Chapter 15 Art V Div 3 Chapter 8.40—Street Use Restriction Chapter 15 Art V Div 4 Chapter 8.45— Equipment Chapter 15 Art V Div 2 Chapter 8.50— Chapter 15 Art IV Div 1, 2 Chapter 8.55—Fire Lanes Chapter 15 Art IV Div 3 Title 9 Animals Chapter 4 Chapter 9.05— = ? ,i 'i ;I n� c and Enforcement Chapter 4 Art!(partial)Art 11 Div 1, 2, 3 Definitions. FWCC 4-1 Purpose. FWCC 4-2 Contract with county. FWCC 4-3 Criminal penalty. FWCC 4-4 Civil penalty. FWCC 4-5 Personal obligations. FWCC 4-6 Costs of enforcement action. FWCC 4-7 Waiver of fees and penalties. FWCC 4-8 Additional enforcement. FWCC 4-9 Euthanasia rate targets. FWCC 4-16 Canvassing program. FWCC 4-19 Use of revenue from canvassing program FWCC 4-20 and sale of juvenile licenses. Exemptions. FWCC 4-21 Release from confinement. FWCC 4-22 Monitoring. FWCC 4-23 Mandatory spaying and neutering. FWCC 4-24 Spay/neuter vouchers. FWCC 4-25 Education. FWCC 4-26 Breeder certification program. FWCC 4-27 Chapter 9.10— Chapter 4 Art I(partial) Cruelty declared unlawful. FWCC 4-10 Fowl and rabbits. FWCC 4-11 Livestock. FWCC 4-12 Exotic animals. FWCC 4-13 Guard dogs. FWCC 4-14 Unlawful acts against police department FWCC 4-15 dogs— Penalty for violation. Sale or giving away of unaltered dogs and FWCC 4-17 cats. Advertisements for unaltered dogs and FWCC 4-18 cats. Chapter 9.15— Chapter 4 Art V Chapter 9.20— Rabies Control Chapter 4 Art Vll Chapter 9.25—Dangerous Dogs Chapter 4 Art IV Chapter 9.30—Vicious Animals Chapter 4 Art VI Chapter 9.35— Impoundment Chapter 4 Art Vlll Chapter 9.40—Anifnal Licenses Chapter 4 Art 111 Chapter 9.45—Animal Related Businesses Chapter 9 Art IV Div 1, 2, 3 Title 10 (Reserved)) Title 11 Utilities Chapter 1Z 16 Electrical and Communication Chapter 11.05—Electric Installation Chapter 16 Art 11 Div 2 Chapter 11.10—Cable Communications Systems Chapter 9 Art I XI Solid Waste Chapter 1.2 Chapter 11.15—Solid Waste in General Chapter 12 Art 1 Chapter 11.20—Solid Waste Collection Regulations Chapter 12 Art 11 Chapter 11.25—Solid Waste Collection Companies Chapter 12 Art 111 Chapter 11.30—Solid Waste Rates. Charges. and Billing Chapter 12 Art IV Procedures Surface Water Utility Chapter 16 Art 111 Chapter 11.35—SUrface Water Utility in General Chapter 16 Art III Div 1 Chapter 11.40— r=t e Water Pal icv Chapter 16 Art 111 Div 2 Chapter 11.45— : _,_Water Rates and Charges Chapter 16 Art 111 Div 3 Chapter 11.50—Surface Water Billing Procedure Chapter 16 Art 111 Div 4 .i Me 12 Businesses Chapter 9 Chapter 12.05—Registration Chapter 9 Art 11 Business registration. FWCC 14-138 Chapter 12.10—Adult Entertainment Chapter 9 Art 111 Div 1, 2, 3, 4 Chapter 12.15—Pawnbrokers and Secondhand Dealers Chapter 9 Art V Div 1, 2, 3, 4 Chapter 12.20—Private Security Systems Chapter 9 Art VI Div 1, 2, 3, 4 Chapter 12.25—Temporary Businesses Chapter 9 Art VII Div 1, 2 Chapter 12.30—Public Dances and Dance Halls Chapter 9 Art VIII Div 1, 2 Chapter 12.35—Massage Businesses Chapter 9 Art IX Div 1, 2, 3, 4 Chapter 12.40—Bathhouses Chapter 9 Art X Div 1, 2, 3, 4 Chapter 12.45—Taxicabs Chapter 17 Art Il Div 1, 2, 3A, 38, 3C, 4, 5, 6 Chapter 12.50—Alarms Chapter 3 Chapter 12.55—Fireworks Chapter 8 Art IV Div 1, 2, 3 Title 13 Building- Chapter 5, 8 Buildings and Building Regulations Chapter 5 Chapter 13.05—�R_h 10ii : Chapter 5 Art I Chapter 13.10— n inistration Chapter 5 Art 11 Chapter 13.15—Building Construction Standards Chapter 5 Art 111 Chapter 13.20—Five-Story Wood Frame Buildings Chapter 5 Art 1V Chapter 13.25—Plumbing Code Chapter 5 Art V Chapter 13.30—Mechanical Code Chapter 5 Art VI Chapter 13.35—Existing Buildings Chapter 5 Art VII Chapter 13.40—Swimming Pools—Hot Tubs—Spas Chapter 5 Art VIII Chapter 13.45—Moving Buildings Chapter 5 Art 1X Chapter 13.50—Electrical Code Chapter 5 Art X Fire Prevention and Protection Chapter 8 Chapter 13.55— -. - _ :.-neral Chapter 8 Art 1, Chapter 8 Art 11 Div 1 Chapter 13.60—Tire Prevention Administration Chapter 8 Art 11 Div 2 Chapter 13.65—Fire Code Chapter 8 Art 11 Div 3 Chapter 13.70—Fire Alarms and Sprinkler Systems Chapter 8 Art 11 Div 4 Chapter 13.75—Smoke Detectors Chapter 8 Art 111 "Title 14 Environmental P Chapter 18 Art 11 Chapter 14.05—Environmental Policy in General Chapter 18 Art 11 Div 1 Chapter 14.10— r Chapter 18 Art 11 Div 2 Chapter 14.15—Categorical Exemptions/Threshold Chapter 18 Art 11 Div 3 Determinations Chapter 14.20—Environmental Impact Statement Chapter 18 Art 11 Div 4 Chapter 14.25—Environmental Policy Statement Chapter 18 Art 11 Div 5 Chapter 14.30—Critical Areas Chapter 18 Art II Div 6 Title 15 Shoreline Mannnomont Chapter 18 Art 111 Div 1, 2 Chapter 15.05—Shoreline Management Chapter 18 Art 111 Div 1, 2 Title 16 Surface Water Management Chapter 21 Sr ' --P, W-`er Management Chapter 16.05—``+:r•face Watn� P,' r-t,,emen t in General Chapter 21 Art 1, Chapter 21 Art 11 Div 1 Chapter 16.10—Administration and Enforcement Chapter 21 Art 11 Div 5, Chapter 21 Art 111 Div 1, 3 Chapter 16.15— Regulated and Exempt Activities Chapter 21 Art 11 Div 2 Chapter 16.20— Requirements Chapter 21 Art 11 Div 3 Chapter 16.25—Approval Standards Chapter 21 Art 11 Div 4 Chapter 16.30—Adjustments Chapter 21 Art II Div 6 Chapter 16.35—Ownership, Operation, and Maintenance Chapter 21 Art 111 Div 2 Requirements Chapter 16.40— Flood Damage Prevention Chapter 21 Art V Water Quality Chapter 21 Art IV Chapter 16.45— 'neral Water Quality find EnforcemenChapter 21 Art IV Div 1, 4; Chapter 22 Art Xlll Div 12 partial Erosion and sedimentation regulation. FWCC 22-948 Scope. FWCC 22-1196 Quality of water entering streams and FWCC 22-1197 lakes. Quality of water entering the public FWCC 22-1198 stormwater system. Quality of water entering the ground. FWCC 22-1199 Special enforcement provisions. FWCC 22-1200 Discharges as pubiic nuisances and FWCC 22-1201 Chapter 16.50—Discharges into Federal Way Waters and Chapter 21 Art IV Div 2 Storm Drainage Systems Chapter 16.55—Best Management Practices Chapter 21 Art IV Div 3 Title 17 (Reserved) Title 18 Subdivisions Chapter 20 Chapter 18.05—Subdivisions in General Chapter 20 Art I, Chapter 20 Art 11 Div 1 Chapter 18.10—Boundary Line Adjustments Chapter 20 Art II Div 2 Chapter 18.15—Lot Line Eliminations Chapter 20 Art II Div 2 Chapter 18.20—Binding Site Plans Chapter 20 Art II Div 3 Chapter 18.25—Zero-lot Line, Small Lot, and Cottage Chapter 20 Art II Div 5, 6, 7 Chapter 18.30—Short Subdivision Plats Chapter 20 Art II Div 8 Chapter 18.35—Preliminary Plat Chapter 20 Art II Div 9 Chapter 18.40—Final Plat Chapter 20 Art II Div 10 Chapter 18.45—Alterations of Plats Chapter 20 Art II Div 11 Chapter 18.50—Vacation of Subdivisions Chapter 20 Art 11 Div 12 Chapter 18.55—Design Criteria Chapter 20 Art 111 Chapter 18.60—Subdivision Improvements Chapter 20 Art IV Chapter 18.65—Public Improvement Assessments Chapter 20 Art V Title 19 Zoning and Development Codr, Chapter 22 Administration Chapter 22 Art/, 11 Chapter 19.05—Zoning and Development in General Chapter 22 Art I Chapter 19.10— Enforcement Chapter 22 Art 11 Div 5 partial Zoning citation. FWCC 22-128 Civil enforcement. FWCC 22-129 Chapter 19.15—Permits and Review Processes Chapter 22 Art 11 Div 1 Chapter 19.20—Permits and Certificate of Occupancy Chapter 22 Art 11 Div 7 Chapter 19.25—Bonds Chapter 22 Art 11 Div 6 Chapter 19.30—Nonconformance Chapter 22 Art IV Chapter 19.35—Amendments Chapter 22 Art 111 Div 1, 2, 3A, 3B, 3C Development Proce Chapter 19.40—Preapplication Process Chapter 22 Art XX Chapter 19.45—Variances Chapter 22 Art 11 Div 8 Chapter 19.50—Interpretations Chapter 22 Art IV.A Chapter 19.55—Process I—Director's Approval Chapter 22 Art IV.B Chapter 19.60—Process II—Site Plan Review Chapter 22 Art V Chapter 19.65—Process III —Project Approval Chapter 22 Art VI Chapter 19.70—Process IV—Hearing Examiner Chapter 22 Art V11 Chapter 19.75—Process V—Quasi-Judicial Rezones Chapter 22 Art VI11 Chapter 19.80—Process VI—Council Rezones Chapter 22 Art IX Chapter 19.85—Development Agreements Chapter 22 Art XXI Chapter 19.90—Transportation Concurrency Management Chapter 19 Art IV Chapter 19.95—School Impact Fees Chapter 14 Art V1 Chapter 19.100—Mitigation of Development Impacts Chapter 9 Art 11 Div 2 :eguiations Chapter 19.105—Gener:M t'��)efopment Regulations Chapter 22 Art X111 Div 1 partial, Chapter 22 Art X111 Div 3 Building site. FWCC 22-953 Essential public facilities. FWCC 22-946.1 Lighting regulation FWCC 22-954 Limitations on Development Activities FWCC 22-1006 and Heavy Equipment Operations Chapter 19.110—Dens, Chapter 22 Art X111 Div 1 partial, Chapter 22 Art X111 Div 5 Affordable housing regulations. FWCC 22-976 Calculating lot coverage. FWCC 22-955 Rounding of fractions of dwelling units. FWCC 22-961 Regulation of distance between FWCC 22-964 structures— Regarding maximum horizontal facade Compliance generally FWCC 22-1046 Exceptions. FWCC 22-1047 Rooftop appurtenances—Required FWCC 22-960 screening. Chapter 19.115—Community Design Guidelines Chapter 22 Art XIX Chapter 19.120— Land Modifications Chapter 22 Art X111 Div 7 Chapter 19.125— ;-. ;:, r _) rd Landscapi" Chapter 22 Art X111 Div 4, 8 partial, 9 partial; Chapter 22 Art XVII Planting requirements for certain trees. FWCC 22-962 Garbage and recycling receptacles— FWCC 22-949 Placement and screening.. Scope of division FWCC 22-1131 Exceptions and limitations in some FWCC 22-1132 zones. Structures and improvements. FWCC 22-1133 Outdoor uses, activities and storage. FWCC 22-1134 Outdoor Activities and Storage FWCC 22-1111 Application of division. Outdoor Activities and Storage FWCC 22-1113 Commercial and industrial uses. Chapter 19.130—Off-street Parking Chapter 22 Art X111 Div 11; Chapter 22 Art XV Residential uses. FWCC 22-1112 Driveways and parking areas. FWCC 22-1135 Chapter 19.135— Chapter 22 Art XVI Sight Distance at Intersections FWCC 22-1151 Permissible intrusion in the area to be FWCC 22-1160 kept clear of sight obstruction. Chapter 19.140—Signs Chapter 22 Art XVlll Critical Areas Chapter 22 Art XIV Chapter 19.145— Environment and Critical.Are=;. .n Chapter 22 Art X1 Div 1 General Chapter 19.150—Critical Areas Administration Chapter 22 Art XIV Div 2 Chapter 19.155—General Site Design Requirements Chapter 22 Art XIV Div 3 Chapter 19.160—Geologically Hazardous Areas Chapter 22 Art XIV Div 4 Chapter 19.165—Streams Chapter 22 Art XIV Div 5 Chapter 19.170— Regulated Lakes Chapter 22 Art XIV Div 6 Chapter 19.175—Regulated Wetlands Chapter 22 Art XIV Div 7 Chapter 19.180—Regulated Wellheads Chapter 22 Art XIV Div 8 Chapter 19.185—Critical Aquifer Recharge Areas and Chapter 22 Art XIV Div 9 Wellhead Protection Areas Zoninq Requlations Chapter 19.190—General Zoning Regulations Chapter 22 Art XI Div 1 Chapter 19.195—Suburban Estate(SE) Chapter 22 Art X1 Div 2 Chapter 19.200—Single-Family Residential (RS) Chapter 22 Art XI Div 3 Chapter 19.205—Multifamily Residential (RM) Chapter 22 Art XI Div 4 Chapter 19.210—Professional Office (PO) Chapter 22 Art XI Div 5 Chapter 19.215—Neighborhood Business (BN) Chapter 22 Art XI Div 6 Chapter 19.220—Community Business (BC) Chapter 22 Art X1 Div 7 Chapter 19.225—City Center-Core(CC-C) Chapter 22 Art XI Div 8 Increases to single-story construction FWCC 22-977 limits—City center core. — Structured Parking in the CC-C FWCC 22-1425 Chapter 19.230—City Center-Frame (CC-F) Chapter 22 Art XI Div 8 Increases to single-story construction FWCC 22-977 limits—City center frame. Structured Parking in the CC-F FWCC 22-1425 Chapter 19.235—Office Park(OP) Chapter 22 Art XI Div 9 Chapter 19.240—Commercial Enterprise (CE) Chapter 22 Art XI Div 10 Chapter 19.245—Corporate Park(CP-1) Chapter 22 Art XI Div 12 inns Chapter 19.250—Cottage and Compact Single-Family Chapter 22 Art XI I Housing Chapter 19.255—Personal wireless service facilities Chapter 22 Art X111 Div 1 partial Personal wireless service facilities FWCC 22-966 (PWSF) Development standards. FWCC 22-967 Nonconformance. FWCC 22-968 Temporary personal wireless service FWCC 22-969 facilities. Application requirements. FWCC 22-970 Collocation. FWCC 22-971 EMF standards and interference. FWCC 22-972 Removal of facility. FWCC 22-973 Permit limitations. FWCC 22-974 Revocation of permit. FWCC 22-975 Chapter 19.260—Animals Chapter 22 Art X111 Div 2 FWCC 22-1071 Chapter 19.265—Accessory Uses and Facilities Chapter 22 Art X111 Div 1 partial Accessory uses,facilities and activities. FWCC 22-946 Accessory dwelling units. FWCC 22-965 Chapter 19.270— Home Occupations Chapter 22 Art Xi Div 6 Chapter 19.275—Temporary Uses Chapter 22 Art X Regulation of temporary trailers for FWCC 22-963 construction and real estate sales offices TITLE 2 FULL CODE 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). FEDERAL WAY REVISED CODL FEDERAL WAY CITY CODE Title 2 Government Chapter 2 Administration Departments. Officials, and Emplovees (Ch. 2 Art 1, ll, IV, X Chapter 2.05 — Government In General Ch. 2 Article I. In General 2.05.010 Organization—Personnel policies, procedures 2-96 Organization—Personnel policies, procedures and and benefit programs. benefit programs. (moved from Ch 2 Art IV, Div 1) 2.05.015 Office Hours 2-1 Office Hours Ch. 2.10— City Council and Mayor Ch. 2 Art 11. City Council 2.10.010—Salaries 2-26 Salaries Ch. 2.15 — Municipal Court Ch. 2 Art X. Municipal Court 2.15.005—Creation 2-307 Creation. 2.15.010—Jurisdiction 2-308 Jurisdiction. 2.15.015—Violations Bureau 2-309 Violations bureau. 2.15.020—Disposition of Revenue 2-310 Disposition of revenue. 2.15.025—Municipal Judge 2-311 Municipal judge. 2.15.030—Municipal Court Commissioner 2-312 Municipal court commissioner. 2.15.035—Court Operation 2-313 Court operation. 2.15.040—Sessions 2-314 Sessions. 2.15.045—Municipal Court Seal 2-315 Municipal court seal. 2.15.050—Case Transfers 2-316 Case transfers. 2.15.055—Jury Trial and Fee 2-317 Jury trial and fee. 2.15.060—Sentencing 2-318 Sentencing. 2.15.065—Criminal Process 2-319 Criminal process. 2.15.070—Complaints 2-320 Complaints. 2.15.075—Pleadings, Practice and Procedure 2-321 Pleadings, practice and procedure. Ch. 2.20— Hearings Examiner Ch. 22 Art ll. Division 3 Hearing Examiner 2.20.005—Creation 22-81 Creation. 2.20.010—Appointment 22-82 Appointment. 2.20.015—Qualification 22-83 Qualification. 2.20.020—Jurisdiction, Powers and Authority 22-84 Jurisdiction, powers and authority. 2.20.025—Rules of Procedure 22-85 Rules of procedure. Ch. 2.25 — Police Department Ch. 2 Art IV Div 4. Public Safety Department 2.25.005—Creation 2-133 Establishment. 2.25.010—Governing Body 2-134 Governing body. 2.25.015—Appointment of Director of 2-135 Appointment of director of public safety. 2.25.020—Appointment of Deputy Director(s)of Police 2-136 Appointment of deputy director(s) of public safety. 2.25.025—Administrative Authority 2-137 Administrative authority. 2.25.030—Oath Required 2-138 Oath required. 2.25.035—Limited Commission Officers 2-139 Limited commission officers. Ch. 2.30— Department of Community Ch. 22 Art ll. Div. 4 Department of Community Development Development 2.30.005—General Responsibilities 22-101 General responsibility. 2.30.010—Authority 22-102 Authority. 2.30.015—Forms and Operating Procedures 22-103 Forms and operating procedures. 2.30.020—Code Enforcement Officer 22-104 Code enforcement officer. 2.30.030—Code Enforcement Officer—Duty to Investigate 22-121 Code enforcement officer—Duty to investigate. (moved from Ch 22 Art ll, Div 5) 2.30.035—Code Enforcement Officer—Entrance on Private 22-122 Code enforcement officer—Entrance on private Property property. (moved from Ch 22 Art ll, Div 5) Ch. 2.35 — Indemnification Ch. 2 Art IV Div 2. Indemnification 2.35.005—Definitions 2-106 Definitions. 2.35.010—Legal Representation 2-107 Legal representation. 2.35.015—Exclusions 2-108 Exclusions. 2.35.020—Determination of Exclusion 2-109 Determination of exclusion. 2.35.025—Representation and Payment of Claims - 2-110 Representation and payment of claims— Conditions. Conditions 2.35.030— Effect of Compliance with Conditions 2-111 Effect of compliance with conditions. 2.35.035—Failure to Comply with Conditions 2-112 Failure to comply with conditions. 2.35.040—Reimbursement of Incurred Expenses 27113 Reimbursement of incurred expenses. 2.35.045—Conflict with Provisions of Insurance Policies 2-114 Conflict with provisions of insurance policies. 2.35.050—Claims 2-115 Claims. Ch. 2.40 Travel Policy and Procedure Ch. 2 Art IV Div 3. Travel Policy and Procedure 2.40.010—Request for Advance 2-126 Request for advance. 2.40.015—Repayment or Itemization of Expenses 2-127 Repayment or itemization of expenses. 2.40.020—City Right to Impose Lien,Withhold Payments 2-128 City right to impose lien, withhold payments. 2.40.025— Uses Specified 2-129 Uses specified. 2.40.030—Reimbursement for Travel Expenses 2-130 Reimbursement for travel expenses. 2.40.035—False Certificates—Perjury 2-131 False certificates—Perjury. 2.40.040—False Certificates—Approval—Payment 2-132 False certificates—Approval—Payment. Boards Committees and Commissions Ch. 2 Art Ill. Boards— Committees— Commissions Ch. 2.50 — Civil Service Commission Ch. 2 Art III Div 1. Civil Service Commission 2.50.005—Definitions 2-46 Definitions. 2.50.010—Creation—Appointment 2-47 Creation—Appointment. 2.50.015— Eligibility 2-48 Eligibility. 2.50.020—Terms 2-49 Terms. 2.50.025—Removal 2-50 Removal. 2.50.030—Proceedings—Quorum 2-51 Proceedings— Quorum. 2.50.035—General Powers and Duties 2-52 General powers and duties. 2.50.040—Secretary-Chief Examiner 2-53 Secretary-chief examiner. 2.50.045—Rules and Regulations 2-54 Rules and regulations. Ch. 2.55 —Arts Commission Ch. 2 Art 111 Div 2. Arts Commission 2.55.010— 2-56 Created. 2.55.015—Purpose 2-57 Purpose. 2.55.020—Membership 2-58 Membership. 2.55.025—Officers—Staff—Operation 2-59 Officers—Staff— Operation. 2.55.030—Responsibilities 2-60 Responsibilities. Ch. 2.60 — Human Services Commission Ch. 2 Art 111 Div 3. Human Services Commission 2.60.005— 2-71 Created. 2.60.010—Qualifications—Terms 2-72 Qualifications— Terms. 2.60.015—Organization and Meetings 2-73 Organization and meetings. 2.60.020—Duties and Responsibilities 2-74 Duties and responsibilities. Ch. 2.65 —Youth Commission Ch. 2 Art 111 Div 4. Youth Commission 2.65.005—Crea,. 2-78 Created. 2.65.010—Purpose 2-79 Purpose. 2.65.015—Goals 2-80 Goals. 2.65.020—Membership 2-81 Membership. 2.65.025—Responsibilities 2-82 Responsibilities. 2.65.020—Staff Support 2-83 Staff support. Ch. 2.70 — Diversity Commission Ch. 2 Art 11 Div 5. Diversity Commission 2.70.005—C 2-87 Created. 2.70.010—Purpose 2-88 Purpose. 2.70.015—Membership 2-89 Membership. 2.70.020—Responsibilities and Objectives 2-90 Responsibilities and objectives. 2.70.025—Officers 2-91 Officers. Ch. 2.75 — Disability Board Ch. 2 Art 11 Div 6. Disability Board 2.75.005—Creation 2-92 Creation of disability board. 2.75.010—Functions 2-93 Functions of the board. 2.75.015—Membership 2-94 Membership. 2.75.020—Term —Vacancies 2-95 Term— Vacancies. Ch. 2.80 — Lodging Tax Advisory Committee Ch. 2 Art 111 Div 7. Lodging Tax Advisory Committee 2.80.005— :,reation 2-95.1 Creation. 2.80.010—Membership 2-95.2 Membership. 2.80.015—Term of Office 2-95.3 Term of office. 2.80.020—Voting—Dissenting and Concurring Comments 2-95.4 Voting—Dissenting and concurring comments. 2.80.025—Changes to Membership 2-95.5 Changes to membership. 2.80.030—Submissions to the Committee 2-95.6 Submissions to the committee. 2.80.035—Comments—Members Entitled to One Vote— 2-95.7 Comments—Members entitled to one vote— Dissenting or Concurring Comments Forwarded to Council Dissenting or concurring comments forwarded to council. Ch. 2.85 — Independent Salary Commission Ch. 2 Art 111 Div 8. Independent Salary Commission 2.85.005— 2-95.8 Created. 2.85.010—Purpose 2-95.9 Purpose. 2.85.015—Membership 2-95.10 Membership. 2.85.020—Qualifications 2-95.11 Qualifications. 2.85.025—Operation 2-95.12 Operation. 2.85.030— Responsibilities 2-95.13 Responsibilities. 2.85.035— Effective Date—Salaries 2-95.14 Effective date— Salaries. 2.85.040—Salary Schedule Subject to Referendum Petition 2-95.15 Salary schedule subject to referendum petition. Ch. 2.90 — Parks and Recreation Commission Ch 11, Art ll. Parks and Recreation Commission 2.90.005— 11-26 Created. 2.90.010—Membership 11-27 Membership. 2.90.015—Officers 11-28 Officers. 2.90.020—Purpose 11-29 Purpose. 2.90.025— Responsibilities 11-30 Responsibilities. Ch. 2.95 — Planning Commission Ch. 22 Art ll. Div. 2 Planning Commission 2.95.005—Cr6ation 22-56 Creation. 2.95.010—Membership 22-57 Membership. 2.95.015—Appointment 22-58 Appointment. 2.95.020—Jurisdiction, Powers and Authority 22-59 Jurisdiction, powers and authority. 2.95.025—Rules of Procedure 22-60 Rules of procedure. 2.95.030—Additional Committees, Boards, Commissions, 22-61 Additional committees, boards, commissions, Councils, and Individuals councils, and individuals. llz��&-L, CITY OF w. Federal Way COMMUNITY DEVELOPMENT SERVICES STAFF REPORT DATE: October 8,2007 TO: City of Federal Way Planning Commission FROM: Greg Fewins, Interim Director Margaret Clark, Senior Planner Isaac Conlen, Senior Planner SUBJECT: Update on Planning Commission Work Program MEETING DATE: October 17,2007 A. BACKGROUND At the beginning of each calendar year,the Planning Commission's Work Program for that year is approved by the City Council. The purpose of this memorandum is to update the Planning Commission as to the status of the 2007 Work Program and to get input from the Commission on potential new work items for 2008. The Commission's input, as well as information in this memorandum,will be used to assist the Land Use/Transportation Committee(LUTC)and City Council in approving a work program for 2008. This memorandum includes the following information: 1. Table I—Work Items Completed in 2007. 2. Table II—Items to be carried over into 2008. This table shows the work items that were part of the 2007 Planning Commission Work Program that were either started in 2007 but not yet completed, or not yet started, and whether or not the amendments are required by state law. 3. Table III—Work required to be done on a yearly basis based on state law. 4. Table IV—Amendments to be prioritized for 2008.This includes the following: a. Code amendments that were presented to the City Council last year,but were not included in the work program due to their priority and staffing. b. Code sections or topics identified by staff as needing amendments or to be included in the code. c. Exhibit A, a list of potential code amendments that staff has been adding to over the years, but have been unable to work on due to them either not being a high enough priority or based on staff workload. We can decide whether any of the code amendments listed in Exhibit A should be added to Table IV. Amendments proposed by the Planning Commission will also be added to Table IV. Work items as prioritized by staff will be forward to the LUTC and City Council for their final selection and approval as the 2008 Work Program. 5. Table V—For background purposes only,we have included other long-range planning projects that are not part of the Planning Commission Work Program. B. 2007 PLANNING COMMISSION WORK PROGRAM—ITEMS COMPLETED IN 2007 Table I shows the amendments that were completed in 2007 and whether or not they are required by state law. TABLE I Description Status Required by State Law Flag Lots—Amended the zoning code Completed No to clarify how flag lots should be regulated. 2006 Comprehensive Plan Amendments Completed RCW 36.70A.130 requires that cities —Seven site-specific requests were consider amendments to their comprehensive approved.In addition,various chapters plan on an annual basis. of the comprehensive plan were amended to address the(Business Park) BP/(Community Business(BC)code amendments(see below).The BP/BC code amendments comprehensive map amendment also altered the boundaries of the BC and former BP zone and created a new Commercial Enterprise (CE)zone. BP/BC Code Amendments—The City Completed One of the goals of a comprehensive plan as adopted a new CE zoning district,which stated in RCW 36.70A.20,is to encourage is based on the BP designation with economic development that is consistent expanded uses. with adopted comprehensive plans;promote the retention and expansion of existing businesses and recruitment of new businesses;recognize regional differences impacting economic development opportunities;and encourage growth in areas experiencing insufficient economic growth. Height Increase—Allow increased Completed No building heights for certain uses in the The maximum height BC zones. for residential mixed- use structures was increased from 55 to 65 feet. 2008 Planning Commission and Long Range Planning Work Program Meeting Date: October 17,2007 Land Use/Transportation Committee Staff Report Page 2 Description Status Required by State Law Housing—Allow single-family units Completed RCW 36.70A.20 encourages the provision a and zero-lot line development in variety of residential densities and housing multifamily zones. types, and encourages preservation of existing housing stock. Increase Short Plat and SEPA Completed Pursuant to RCW 58.17.020 a city or town Thresholds—Amend Chapter 20, These amendments may increase the number of lots regulated as "Subdivisions,"to increase the were included in the short subdivisions to a maximum of nine. maximum number of lots in a short plat Small Lot and Zero- WAC 197-11-800 allows a city to increase from four to nine lots.Amend Chapter Lot Line Code the SEPA exemption to a maximum of 20 18 to increase the SEPA residential Amendments dwelling units. categorical exemption threshold from discussed above. four to nine lots and from four to nine residential units. Nonconformance—Remove Completed No inconsistencies between Chapter 22, These amendments Article IV,"Nonconformance,"and were included in the Article XVI,"Improvements," Small Lot and Zero- pertaining to who is authorized to Lot Line Code conduct an appraisal of property. Amendments discussed above. 2005-2007 Shoreline Master Program Staff completed the RCW 90.5 8.080 requires jurisdictions Update—The City updated the Master Program planning under the State Growth Shoreline Master Program(SMP).The Update.It has been Management Act(GMA)to periodically SMP provides policy guidance and land submitted to the update SMPs,pursuant to rules developed use regulations for shoreline areas and Department of by the State DOE.King County and cities adjacent upland areas within 200 feet of Ecology(DOE)for within King County with population greater the shoreline within the city. their review and than ten thousand must adopt the update approval. prior to December 1,2009.The City received a state grant to assist in the completion of the update. Shoreline Stringline Setback--Amend This is being A provision for a shoreline stringline setback FWCC Chapter 18,Article III to add addressed as part of itself is not required;however,the City must flexibility in measuring the shoreline the Shoreline Master amend its shoreline regulations to meet the stringline setback. Program update. new requirements of the updated Shoreline Master Program. C. 2006 PLANNING COMMISSION WORK PROGRAM—ITEMS TO BE CARRIED OVER INTO 2008 Table 11 shows the amendments that were part of the 2007 Planning Commission Work Program that were either started in 2007 but not yet completed, or not yet started, and whether or not the amendments are required by state law. 2008 Planning Commission and Long Range Planning Work Program Meeting Date:October 17,2007 Land Use/Transportation Committee Staff Report Page 3 TABLE II Description Status Required by State Law 2007 Comprehensive Plan Amendments— Not started RCW 36.70A.130 requires that The following two site-specific requests were cities consider amendments to their received: comprehensive plan on an annual 1. Shinn basis. 2. Kitts Corner site-specific requests; amendments to City Center-Frame(CC- F)height limits. Puget Sound Energy is proposing some language to update the section of the Private Utilities Chapter pertaining to gas and electric service. 2007 Amendments to the Development Not started RCW 36.70A.130 requires that Regulations—One city-initiated request was cities consider amendments to their received to increase the height of buildings in development regulations plan on an a portion of the CC-F north of South 316'' annual basis. Street. Community Design Guidelines—Review Proposed by City No changes to the guidelines.Amend the 120- Council and Stakeholders foot length maximum fagade requirement. Group.Not started. Neighborhood Meetings—Amend the FWCC Not started. The Public No to require applicants to hold traffic-related Works Department has neighborhood meetings,when necessary,to stated that they will mitigate traffic impacts. prepare this amendment in 2007 in conjunction with traffic-related amendments to the comprehensive plan. South 356`"Subarea Plan—Research This amendment is in the One of the goals of a whether the RS 15.0 designated parcels study and research stage. comprehensive plan as stated in located south of SW 356`h Street and west of RCW 36.70A.20 is to discourage ls`Avenue South should be considered for sprawling development and to higher density. encourage development in urban areas with adequate public facilities. Significant Trees, Vegetation Retention, This amendment is in the No;however,the City has been Clearing and Grading—Research changes to study and research stage. receiving increased requests to the FWCC to determine the extent of a site conduct mass clearing and grading that can be cleared for installation of in order to accommodate site infrastructure and preparation of building development. lots. Clark FWCC Section 22-952 pertaining to Citizen initiated.Not No "Junk and Junk Yards Prohibited"— started. Concerns about what constitutes junk, particularly on developed lots. 2008 Planning Commission and Long Range Planning Work Program Meeting Date:October 17,2007 Land Use/Transportation Committee Staff Report Page 4 D. NEW WORK ITEMS Table III contains those amendments required to be done on a yearly basis based on state law. Table IV shows potential new amendments organized by those previously presented to the Council (a)and newly identified amendments(b). TABLE III Work Items Required on a Yearly Basis Description Initiated by Required by State Law 2008 Comprehensive Plan Amendments—The Citizens and staff Yes.RCW 36.70A.130 requires that following three site-specific requests were cities consider amendments to their received: comprehensive plan on an annual basi 1. Nguyen Site Specific Request 2. Koszarek Site Specific Request 3. Velasco Site-Specific Request Depending on the timing,Chapter 2, `Land Use,"may be updated to incorporate the Shoreline Master Program amendments. 2008 Amendments to the Development Citizens and staff Yes.RCW 36.70A.130 requires that Regulations— cities consider amendments to their 1. City-initiated request to consider development regulations on an annual increasing the maximum allowable height basis. in the City Center-Core(CC-C)to a 350- foot height limit. 2. City-initiated request to consider allowing a transitional overlay height district within that portion of the City Center-Frame(CC- F)immediately north of the CC-C, constituting roughly the superblocks fronting on the north side of South 316'' Street between Pack Highway and 23`d Avenue South.This height district could establish an intermediate,transitional height between the CC-F height(be that current 200-foot limit or higher height limit,as requested above)and the current 85-foot height limit in that zone. 3. Citizen-initiated request to delete the maximum allowable density for senior RCW 36.70A.450,states that a city housing in the Community Business(BC) may not prohibit a home occupation zone. day care in a residential dwelling, 4. Amend the regulations for the City's located in an area zoned for residentia commercial zones related to a home or commercial use,even thought the occupation day care in a residential dwelling may be a nonconforming use dwelling. in a commercial zone. 2008 Planning Commission and Long Range Planning Work Program Meeting Date:October 17,2007 Land Use/Transportation Committee Staff Report Page 5 TABLE IV Potential New Amendments Description Initiated by Required by State Law A. Heights—Allow increased building heights City Council No for certain uses in the Neighborhood Business (BN)zone,and require buildings to be located adjacent to rights-of-way. Submittal Requirements for Plats—Research Stakeholders Group No whether Chapter 20,"Subdivisions,"should be amended to change the submittal requirements for plats.The Stakeholders Group thinks that existing requirements make the process too costly at this stage. Lot Averaging—Add criteria to Chapter 20 to Stakeholders Group/ No allow lot averaging.' City Council/Staff Process for Reviewing Cell Towers—Review Staff No whether changes should be made to the process for reviewing cell towers. Hours of Operation—Amend Section 22- Staff No 1006,"Development Activities and Heavy Equipment Operations,"to allow the Director of Community Development Services the flexibility to determine allowable hours of operation on a case-by-case basis. Amend Chapter 22,Article XVIII,"Signs," City Council No to provide for off site signs for special events. Add process for allowing Conditional Uses. Planning Commission The Planning Commission was concerned about the status of existing nonconforming uses that may be compatible with the adjacent neighboring uses and were interested in a process that might legalize the use. B. Open Space Requirements—Amend open Staff No space requirements in the City Center-Core (CC-C)and City Center-Frame(CC-F)zones. Lot Coverage and Accessory Buildings— Staff No Single-family lot coverage and size of secondary/accessory buildings Storage Containers—Research whether and Staff No under what conditions storage containers may be allowed on non-residential and/or residential zones. 'To date,staff has drafted language to allow lot averaging for zero-lot line development. 2008 Planning Commission and Long Range Planning Work Program Meeting Date:October 17,2007 Land Use/Transportation Committee Staff Report Page 6 Description Initiated by Required by State Law Essential Public Facilities—Amend Chapter Staff No 22 to require design standards and development requirements for essential public facilities.This is an omission in the current code. Heliports—Research whether any Staff No amendments should be considered to adopt siting and locational criteria for heliports. E. OTHER LONG RANGE PLANNING RESPONSIBILITIES Table V shows reporting or monitoring work that is required by King County or the State of Washington to be done on an annual basis. It also includes other long-range planning that is not part of the Planning Commission Work Program. TABLE V Description Status Required by State Law ANNUAL REPORTS Office of Financial This is an annual report provided to the State RCW 43.62.030 requires OFM to Management Yearly Office of Financial Management(OFM). annually determine the population of Population Estimate all cities and towns of the State of Report Washington as of April 151 King County Benchmark This is an annual data request made of all RCW 36.70A.130 required and Annual Growth cities by King County to fulfill requirements Countywide Planning Policies Information Report of the Growth Management Act(GMA). (CWPP's)to be adopted by King County by July 1, 1992. The CPP's set up the Benchmark Program to assess progress in meeting the CPP's. Track and Inventory Under the Buildable Lands Program,six RCW 36.70A.215 requires evaluation Buildable Lands counties,including King County,must of data collected under the Buildable annually collect data on land capacity and Lands Program. development activity from their cities and unincorporated areas. F. NEXT STEPS Staff will add the Planning Commission's proposed code amendments to the list of potential code amendments and will provide a prioritized list to the LUTC,which may further refine the list before City Council consideration. 1:\2008 Planning Commission Work Program\Staff Report to LUTC.doc/10/10/2007 1:35 PM 2008 Planning Commission and Long Range Planning Work Program Meeting Date: October 17,2007 Land Use/Transportation Committee Staff Report Page 7 EXHIBIT A LIST OF POTENTIAL CODE AMENDMENTS CHAPTER 18—ENVIRONMENTAL PROTECTION Page Section/Title Explanation of Problem/Rational for Change 18-8 18-51(a)&(b) Amend the SEPA appeal process from Process IV to Process III.Process IV doesn't work well for an appeal (e.g. decisional criteria doesn't work; traditional 1724 processing is awkward).Also,clarify the process for different types of SEPA appeals. CHAPTER 20—SUBDIVISIONS Page Section/Title Explanation of Problem/Rational for Change NA Subdivisions in general Add provisions for plat corrections.These provisions would be for fixing minor typographical/scrivners errors on recorded plats.We have had several recent requests and needs for these types of plat fixes.See document in Silverwood folder 01-103104-00-SU.King County has plat correction code provisions I have used as a guideline,see KCC 19A.08.120. 20 Preliminary plat Add criteria to define a major and a minor change to the preliminary plat. CHAPTER 22—ZONING Page Section/Title Explanation of Problem/Rational for Change Codify process and development standards for uses such as a mobile taco stand or outdoor accessory use that is in place just during working hours. Consider amending Environmentally Sensitive Area(ESA)provisions to eliminate setback requirements for critical areas when separated by an existing road or other physical barrier of a certain width or type. 22-21 22-33 Development application submittal requirements... (b)Contents... (8)Eight complete and bound sets of drawings... This section requests elevations,but does not request floor plans.We need to add"floor plans"to the list of required items because it is impossible to understand elevations without the corresponding floor plans. For site plans,we need an"existing site plan"and"proposed site plan"in order to determine what is being changed. We also need"existing"and "proposed"for building elevations and floor plans. 22-42 22-351 Add provisions for an expiration period for Process I,Director's Approval. Page 1 of 4 CHAPTER 22—ZONING Page J Section/Title Explanation of Problem/Rational for Change 22-44 Article Process II does not have a Completeness Review process. This lack of Process II Completeness Review means there are no adopted submittal requirements for applications(i.e.FWCC 22-33).Process III references you back to 22-33 to determine what is required in the submittal. 22-44.1 22-365,Process II Process II's approval criteria list only some things from the design guidelines. approval criteria For example,it lists 1634,but not 1635.I think it should simply say,"(c) Community design guideline decisional criteria"and stop there. 22-45 Process II Add provisions for an expiration period for Process II,Site Plan Review. 22-65 22-488(c)(1)(b) These two principal criteria are too limiting for making a rezone decision.Add additional criteria—call Municipal Research to get rezone criteria examples. 22-75 22-552 This code section allows for a 60 day temporary use permit, with the possibility for an additional 60 days,for a total of 120 days. However,Chapter 9 states that temporary business registrations are only issued for a maximum of 90 days,without the possibility of an extension.These two duration periods should be coordinated one way or the other. Various Various Modify temporary use,outdoor activity exemptions for certain temporary uses,and temporary business registration provisions for consistency.Need to allow a broader range of temporary sales,particularly by zone(e.g.pedestrian type sales in city center;non-profit sales; school activities,such as food sales at football games;etc.). 22-85, 22-601,Various The current development regulations governing church uses are unable to Various accommodate the modem day church facility/campus.Modern churches now have large secondary schools,daycares,youth services,and large office buildings on site.The current development regulations do not contemplate the mixed use nature of the modem church campus in terms of setbacks,heights, use process, etc. 22-249 22-967(5),PWSF Standards for electronics equipment enclosures,lists the following as priority #3:"Equipment enclosures shall be placed above ground in an enclosed cabinet that shall not exceed six feet in height and occupy more than 48 square feet of floor area,including areas for maintenance or future expansion."This has been a major problem this year because many proposals are calling for cabinets up to 7'6".One proponent has said that the manufacturer does not make that type of cabinet shorter,so they are proposing to build shed enclosures instead.This is ironic,because a shed is more bulky and intrusive than a cabinet.Also,some of these sites are already developed with multiple carrier cabinets in a fenced enclosure,in which case building a shed for one carrier does not make sense.Proposed solution: change the code to state, "...shall not exceed eight feet...." 22-259 22-1093,LSM Consider adding a new LSM exemption criterion(it would be#14)that would state that those noxious weeds,as identified on the Washington State Noxious Weed List,which are designated(which means the state requires their removal)are permitted to be removed outright.Those noxious weeds that are identified by the state but are not designated for removal can be perrrritted to be removed with Director's approval,looking at scope and scale of removal, and potential need for remediation of the disturbed area. Page 2 of 4 CHAPTER 22—ZONING Page Section/Title Explanation of Problem/Rational for Change 22-269 22-1248,Critical Homeowners who wish to add small additions or decks to their houses often Areas Exemptions face a major obstacle if the existing house was built in part of a critical area, such as a steep slope or stream buffer.The only provision of the code for allowing them to build an addition was a costly and time-consuming Process IV with the Hearing Examiner. Other cities have critical area exemptions for minor improvements,in order to avoid situations like this.These exemptions could also apply to commercial and mixed-use projects. 22-296 22-1563(b) Require a WA state licensed landscape architect signature for all landscape plans,not just Process II.This should have been changed as part of the HB 1724 amendments. 22-296 Sec 22-1564(1) Code is giving measurements for"small shrubs,""medium shrubs,"and "large shrubs",but nowhere in the code is landscaping described as either "small"or"medium"—only"large". Perhaps we could simply say,"Shrubs in Type 1,II,and III landscaping shall be a minimum of 24 inches in height, shrubs in Type IV landscaping shall be a minimum of 12 inches in height." 22-299 22-1564 Need to clarify which requirement supersedes when there is a conflict between setbacks/required yards and landscaping requirements. 22-299 22-1566(c) Need to clarify landscaping requirements for single-family uses in the multifamily residential(RM)zone. 22-1568(c)(1)(g) One section requires a 12-foot replacement tree and the other requires a 10- (c)(5)(b) foot replacement tree. Is there a good reason for the different standards? 22-325 22-1634&22-1635 The design guidelines could use some revision and clarity overall.One thing that might help would be to combine the Site Design section with the Building Design section,because some things listed under"site design'apply to building design.For example,22-1634(4)states,"Project designers shall strive for overall design continuity by using similar elements throughout the project such as architectural style and features,materials,colors,and textures."This is something that could apply, even if there is just one building on the site. 22-328 22-1635 Add a standard for screening exposed rooftop mechanical units with both new construction and remodels.This will provide a basis to require that pre- existing,ugly rooftop units are screened as part of major facelifts(as "reasonably related"to the remodeling). ESA section Insert criteria to replace deletion of reasonable use criteria from various Environmentally Sensitive Area modification sections.Consider using the SEPA approach as criteria that uses a priority order of avoidance,minimizing impacts,mitigation,etc. Admin guidelines Delete reference to administrative guidelines and discontinue their use by inserting pertinent admin guidelines items in the code. Page 3 of 4 CHAPTER 22—ZONING Pae Section/Title g on/Title Explanation of Problem/Rational for Change Various Principally 22- Separate single-family parking and driveway regulations into separate 1135(1)(a); subsections;preclude driveways and parking from required side yards with 1134,1403, 1453,and modification provisions and decisional criteria(e.g. constraints,access to 1424 principal parking area/structure,use rights and privileges like others).Allow driveways to cross perpendicular to side yards on corner lots(maybe also shared access)to access principal parking area/structure. Various Article XIV,ESA Create administrative review processes for rehabilitation activities within all ESA's buffer areas.Refer to stream and wetland rehabilitation provisions as examples. Unknown Create new provisions to allow a second kitchen area in single-family homes under certain conditions without triggering ADU provisions(e.g.recreation rooms).Maybe require VCA's recorded against the property for enforcement. 22-244 Article XIII Section 22-955(b)(3)requires counting'/i the area of grass grid pavers as impervious surface for determining lot coverage.Ann Dower,PWDS Division,says the SWM manual allows all areas of grass grid to be counted as pervious area for stormwater.These two regulations conflict and Ann says the grass grid pavers are becoming more commonly used.Need to coordinate the two standards. 22-334 22-1641 Revise both the front entryway standard and 40 percent garage standard to make then more performance based standard,rather than the 40 percent garage standard and"...entryway should be the prominent feature." 22-63 22-481(a)(8) The code requires the same format and content for the hearing notice as the NOA.In either case,the requirement in 22-481(a)(8), is wrong,as you can't appeal the hearing examiner decision(as the examiner does not make a decision).The code should be revised to say something to the effect,"Only those that provide comments to the HEX at the public hearing may appeal the Councils' final decision on the matter." Other FWCC Section 16.44 This section on undergrounding requirements calls out a"variance"process through Process I,but refers to the Process III code section.This chapter must have missed the HB 1724 update when all the old Process I's were taken to Process III's. DB/April 17,2003 1:\2008 Planning Commission Work Program\EXHIBIT A—PROPOSED ZONING&SUBDIVISION CODE AMENDMENTS.doc Page 4 of 4 ee • Planning Commission Work, Program October: 20071 J ��'11�1�.�re �:r�•.fas� Irl ?.ire �J�rl.riirl� � r1i�.`:!1 i�.�f l:,: •��FJ.:� l.✓':Jfi: �f�J��af1Y nl ..pp,tl '_if.l!� �,fl.'-J a.:rlla'�JlrJ.�llrf.fll�Jl:;a: �:P1JJ1��1 i ?� biro warrJ r il�rl�J � ;rJ:jrl/Drl?fl.V Swr!I-'jbnJU,I.-il_ �1J�jm lj D.zj � 1f3jm p Iii I�I f YN il_JE ; � J7(Jr ,III t 4:_..:.l�.a•.... . . ,'Ja'.Jr_.: ..,1L;!J:ai aha ,J'__'.a;.. ..I Jaa I III�I� �I.u.�J.Jt:..._IL) s_J JJ=7. .•L:..,•., -.lJJ J,.J-p'l.; •.,u` CJI �Jjzj : m F� r1) I_'fl'l.l. F '!I 'I I� ' �=1� I _I'.I._. 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