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04-04-2022 LUTC Packet - RegularCity of Federal Way City Council Land Use & Transportation Committee April 4, 2022 City Hall 5:00 p.m. Zoom Meeting Notice: Pursuant to Governor Inslee's Proclamation 20-28 the Mayor and Council encourage you use one of the following ways to participate in the meeting remotely if you are unable to attend in person: a Click Here to Watch Online Live Streaming Video of the Meeting Listen to the live meeting: (888) 788-0099 or 253-215-8782 Meeting ID: 809 975 640 C } Sign -Up* here to give citizen comment during the meeting (via calling -in) 0 Click Here to submit written comments to the LUTC ® Watch from the Zoom mobile app with meeting: 809 975 640 and passcode: 595617 1. CALL TO ORDER 2. PUBLIC COMMENT 3. COMMITTEE BUSINESS Topic Title/Description MEETING AGENDA Presenter(s) Page Action or Info A. Approval of Minutes March 7, 2021 2 B. SW 320t" Street Preservation — Project Mulkey 4 Action Acceptance C. SW 356t" Street Preservation — Project Mulkey 6 Action Acceptance D. Final Acceptance — Steel Lake Maintenance Winkler 8 Action Building Repair E. ORDINANCE: 2021 Various Code Amendments Niven 10 Action & Code Cleanup F. Project Update on Sound Transit Projects in Medlen 96 Info Only Federal Way Council Date 4. OTHER 5. FUTURE MEETINGS/AGENDA ITEMS: The next LUTC meeting will be May 2, 2022 at 5:00 p.m. 6. ADJOURNMENT N/A 4/19/22 Consent 4/19/22 Consent 4/19/22 Consent 4/19/22 Ordinance N/A Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Jack Walsh, Member Sara Gilchrist Administrative Assistant II Hoang Tran, Member (253) 835-2700 March 7, 2022 5:00 p.m. City of Federal Way City Council Land Use & Transportation Committee MEETING SUMMARY City Hall Council Chambers Committee Members in Attendance: Committee Chair Jack Dovey, Council Member Jack Walsh, and Council Member Hoang Tran Other Councilmembers in Attendance: Deputy Mayor Susan Honda, Council President Linda Kochmar, and Council Member Lydia Assefa-Dawson. Staff in Attendance: Public Works Director EJ Walsh, Public Works Deputy Director Desiree Winkler, City Traffic Engineer Rick Perez, Sound Transit Liaison Ryan Medlen, Planning Manager Keith Niven, City Attorney Kent van Alstyne, Senior Planner Chaney Skadsen, Surface Water Quality Program Supervisor Emile Ancelet, Executive Assistant Amy Glandon, and Administrative Assistant II Sara Gilchrist. Citizens Presenting: 1. CALL TO ORDER: 5:00 PM 2. PUBLIC COMMENT: 3. COMMITTEE BUSINESS: Topic Title/Description A. Approval of Minutes: February 7, 2022 Committee approved the February 7, 2022 LUTC minutes as presented. • Moved: Walsh • Seconded: Tran • Passed: 3-0 unanimously B. NTS Program Project — 30th Ave SW (SW 312th PI to SW 320th St) Senior Traffic Engineer Jason Kennedy presented the NTS Program Project, including details on the NTS Community Meeting that was held. Questions and discussion followed. Committee forwarded Option #1, SEE VIDEO (Approve proposal.) to the March 15, 2022 Consent Agenda for approval. • Moved: Walsh • Seconded: Tran • Passed: 3-0 unanimously Committee Members City Staff Jack Dovey, Chair EJ Walsh, P.E., Public Works Director Hoang V. Tran, Member Sara Gilchrist, Administrative Assistant II Jack Walsh, Member (253) 835-2706 C. NPDES Annual Report and Stormwater Management Program (SWMP) Plan Update Surface Water Quality Program Supervisor Emile Ancelet presented plan updates to the NPDES Program, including background information. Questions and discussion followed. Committee forwarded Option #1 (Authorization to submit to DOE.) to the March 15, 2022 Consent Agenda for approval. • Moved: Walsh • Seconded: Tran • Passed: 3-0 unanimously D. Transportation Grant Funding Applications Public Works Deputy Director Desiree Winkler presented the applications for the Transportation Grant Funding, including details on the financial impact. Questions and discussion followed. Committee forwarded Option #1 (Authorize the application submittals.) to the March 15, 2022 Consent Agenda for approval. • Moved: Walsh • Seconded: Tran • Passed: 3-0 unanimously Project Update on Sound Transit Projects in Federal Way Sound Transit Liaison Ryan Medlen reported on current activities regarding Sound Transit projects, including information on the upcoming parking studies. Questions and discussion followed. Quarterly Update on the Periodic Update to the Comprehensive Plan Senior Planner Chaney Skadsen presented updates on the Comprehensive Plan, including details on the Public Participation Plan. Questions and discussion followed. 4. OTHER: 5. FUTURE MEETINGS/AGENDA ITEMS: Request to discuss the process for yearly budget regarding the installation of speed bumps. The next LUTC meeting will be held April 4, 2022 at 5:00 p.m. in City Hall Council Chambers (or Zoom meeting, per State Guidance). 6. ADJOURNMENT: The meeting was adjourned at 06:41 p.m. Attest: Saga G Chl-& Sara Gilchrist, Administrative Assistant II Approved by Committee: 04/04/2022 Date Committee Members Jack Dovey, Chair Hoang V. Tran, Member Jack Walsh, Member City Staff EJ Walsh, P.E., Public Works Director Sara Gilchrist, Administrative Assistant II (253) 835-2706 COUNCIL MEETING DATE: April 19, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 320TH STREET PRESERVATION — PROJECT ACCEPTANCE POLICY QUESTION: Should the City Council accept the SW 320' Street Preservation Project constructed by Miles Resources, LLC, as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mulkey, P.E., Senior Ca ip tal Engineer DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize final acceptance of the SW 320' Street Preservation project as constructed by Miles Resources, LLC in the amount of $570,369.98. 2. Do not authorize final acceptance of the SW 320' Street Preservation project as constructed by Miles Resources, LLC in the amount of $570,369.98 and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 19, 2022, City Council Consent Agenda for approval. MAYOR APPROVAL:G� DIRECTOR APPROVAL:_£ InitiallCtatc t C Inft Council COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 19, 2022 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the SW 320`h Street Preservation project as constructed by Miles Resources, LLC in the amount of $570,369.98. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 4, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Mulkey, P.E., Senior Capital Engineer SUBJECT: SW 320" Street Preservation - Project Acceptance Financial Impacts: The cost to the City for the SW 320th Street Preservation Project was included within the approved budget under the Public Works Capital Project #214. In accordance with the approved budget, this item was funded by a grant from FHWA in the amount of $518,020.00 and the remainder by Motor Vehicle Excise Tax funds. This project is complete and no other costs will be applied to this budget item. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: Prior to the release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The SW 320th Street Preservation Project was constructed by Miles Resource, LLC. and is complete. The final construction contract amount is $570,369.98. This is $71,246.88 below the $641,616.86 (including contingency) budget that was approved by the City Council on November 17, 2020. Rev. 6/2019 COUNCIL MEETING DATE: April 19, 2022 ITEM #:� CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 356T" STREET PRESERVATION — PROJECT ACCEPTANCE POLICY QUESTION: Should the City Council accept the SW 356`h Street Preservation Project constructed by Lakeside Industries, Inc., as complete? COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: John Mull, P.E., Senior Capital EnZineer DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize final acceptance of the SW 356' Street Preservation project as constructed by Lakeside Industries, Inc. in the amount of $930,635.91. 2. Do not authorize final acceptance of the SW 3561 Street Preservation project as constructed by Lakeside Industries, Inc. in the amount of $930,635.91 and provide direction to staff. MAYOR'S RECOMMENDATION: The Mayor recommends forwarding Option 1 to the April 19, 2022, City Council Consent Agenda approval. MAYOR APPROVAL: d - iRECTOR APPROVAL• £`, i'n�n : rs. Counci Y Initial/Date COMMITTEE RECOMMENDATION: I move to forward Option 1 to the April 19, 2022 consent agenda for approval. Jack Dovey, Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to authorize final acceptance of the SW 356'h Street Preservation project as constructed by Lakeside Industries, Inc. in the amount of $930,635.91. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 4, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director John Mulkey, P.E., Senior Capital Engineer SUBJECT: SW 356" Street Preservation - Project Acceptance Financial Impacts: The cost to the City for the SW 356th Street Preservation Project was included within the approved budget under the Public Works Capital Project #215. In accordance with the approved budget, this item was funded by a grant from FHWA in the amount of $875,993.07 and the remainder from Real Estate Excise Tax and Motor Vehicle Excise Tax funds. This project is complete and no other costs will be applied to this budget item. Funding requirements for operations and maintenance of infrastructure is reviewed and adjusted as required during the budget process. Background Information: Prior to the release of retainage on a Public Works construction project, the City Council must accept the work as complete to meet State Department of Revenue and State Department of Labor and Industries requirements. The SW 356th Street Preservation Project was constructed by Lakeside Industries, Inc. and is complete. The final construction contract amount is $930,635.91. This is $103,462.32 below the $1,034,098.23 (including contingency) budget that was approved by the City Council on November 17, 2020. Rev. 6/2019 COUNCIL MEETING DATE: April 19, 2022 ITEM #:^ CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: FINAL ACCEPTANCE — STEEL LAKE MAINTENANCE BUILDING REPAIR POLICY QUESTION: Should city council accept the Steel Lake Maintenance Building Repair Project as complete? COMMITTEE: Land Use and Transportation MEETING DATE: April 4, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Desiree Winkler, PE DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Accept the Steel Lake Maintenance Building Repair Project constructed by CFC Construction, LLC in the amount of $26,189.07 as complete. 2. Do not accept the Steel Lake Maintenance Building Repair Project as complete and provide direction to staff. MAYOR'S RECOMMENDATION: Ovtion 1. MAYOR APPROVAL: 3 Ca mine COuuca APPROVAL: 7. Initial/Date COMMITTEE RECOMMENDATION: "I move to forward the final acceptance of the Steel Lake Maintenance Building Repair Project to the April 19, 2022 consent agenda for approval. " Jack Dolvey Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: "I move to accept the Steel Lake Maintenance Building Repair Project constructed by CFC Construction, LLC in the amount of $26,189.07 as complete. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED— 11/2019 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 4, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director E' �7 Desire6 S. Winkler, P.E., Deputy Public Works Directoi''� SUBJECT: Final Acceptance — Steel Lake Maintenance Building Repair Financial Impacts: The cost to the City for the Steel Lake Maintenance Building Repair was included within the approved budget under the RISK Fund (501). The City has obtained reimbursement from the insurer of the responsible party. There are no future ongoing expenses as this is a repair of existing infrastructure. Background Information: On the evening of June 17, 2021, a driver drove his vehicle through the south gate of the Steel Lake Maintenance Facility and hit the comer of the Steel Lake Maintenance Facility under the old fire department bell tower causing significant structural damage. City Council authorized award of the building repair contract on October 19, 2021 to the lowest responsive responsible bidder, CFC Construction, LLC out of Renton, WA. Prior to releasing the contractor's bond, city council is required to accept the project as complete. The final contract expenditures versus budget are as follows: Final Contract Expenditures: $26,189.07 Authorized Contract Expenditures: $26,193.67 Rev. 6/2019 COUNCIL MEETING DATE: April 19, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: 2021 VARIOUS CODE AMENDMENTS & CODE CLEANUP POLICY QUESTION: Should the City Council amend Titles 14 (Environmental Policy), 18 (Subdivisions), and 19 (Zoning and Development) to improve clarity, improve permitting efficiencies, make the City Code more consistent with recent changes in state law; modify the SEPA Categorical Exemptions - flexible thresholds; and, add a provision for electrified fencing in portions of the Commercial Enterprise (CE) zone? COMMITTEE: Land Use and Transportation MEETING DATE: April 4, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Keith Niven, Planning Manager DEPT: Community Development Attachments: 1. Staff Report 2. draft Ordinance Options Considered: 1. Adopt the proposed ordinance. 2. Do not adopt the proposed ordinance and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: 34 _DIRECTOR APPROVAL: m 'tee aunc InitiallQau iliallDalc initial! to COMMITTEE RECOMMENDATION: I move to forward the proposed ordinance to First Reading on April 19, 2022_ Jack Dove Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (DATE): "I move to forward approval of the proposed ordinance to the May 3, 2022 Council Meetingfor enactment. " SECOND READING OF ORDINANCE (DATE): "I move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 1/2022 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: March 23, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Develonment Director r0_ Keith Niven, Planning Manager SUBJECT: 2021 Various Code Amendments & Code Cleanup Financial Impacts: There are no costs to the City for adopting the proposed code amendments. Background Information: The City periodically proposes amendments to the City Code to keep the Code relevant and up to date. Amendments generally include corrections such as: - Correcting scrivener's errors - Making terminology consistent with federal, state, and local laws - Recommendations to improve the efficiency of permit processing There are a number of proposed Code amendments. Each amendment and the purpose for that amendment is identified below. Proposed Code Amendments (Purpose): Proposed amendments include: 1. SERA Noticing (14.10.040 FWRC) Purpose for Proposed Code Amendment: Providing copies of notice to the libraries was seen as an effective method for providing additional notice to the community. Noticing at the libraries requires additional staff work and there is no guarantee library staff will post the notices or that library patrons will stop to look at a city notice. The proposed code amendment seeks to replace the noticing at the library with noticing on the City's webpage. Noticing at libraries is not customary for other cities in King County and the city's website provides a more effective method for providing notice in addition to property posting, posting at City Hall, noticing in the newspaper and providing notice to interested parties and agencies. This proposed amendment affects administrative procedures and is not intended to change the substance of the current regulations 2. Final Plat (18.40.050 FWRC) Purpose for Proposed Code Amendment: In March 2017, the legislature passed SB 5674. The Bill amended RCW 58.17.100, 58.17.170, and 58.17.190. The legislation allows cities, towns, and counties to delegate final plat approval to "...an established planning commission or agency, or to such other administrative personnel...". The approval of a final plat is a ministerial (of, relating to, or being a mandatory act or duty admitting of no personal discretion or judgment in its performance) task ensuring the final plat complies with the approved preliminary plat; its Rev. 6/2020 March 23, 2022 Land Use and Transportation Committee 2021 Various Code Amendments & Code Cleanup Page 2 approval conditions; and, that all required improvements have been constructed or guaranteed. The proposed code amendment would reassign final plat authority from the city council to the director of Community Development. This proposed amendment affects administrative procedures and is not intended to change the substance of the current regulations. This proposed process change would improve the processing time for final plats significantly, removing weeks for scheduling council committee and council meeting dates. Snohomish and Spokane counties and the cities of Auburn, Renton, Kent, Tukwila, Kirkland and Yakima have all made similar code changes. The cities of Bellevue and Issaquah send their final plats to the hearing examiner. 3. Plat Alteration (18.45.040, 18.45.050, 18.45.060, and 18.45.070 FWRC) Purpose for Proposed Code Amendment: A plat alteration is processed when a property owner desires to "alter" an approved subdivision after the final plat is approved and recorded. Common examples of plat alterations are re -subdivision of a parcel in an existing plat; and, the extinguishment of easements within an existing plat. Given a plat alteration is a revision to the preliminary plat, the decision should be made by the decision -maker for preliminary plats, the hearing examiner. Currently the code gives the decision authority for plat alterations to the city council. This proposed amendment recommends making the hearing examiner the decision maker for plat alterations and affects administrative procedures. It is not intended to change the substance of the current regulations. This proposed amendment would transfer that decision to the city's hearing examiner improving the processing time for these types of requests. The cities of Kent, Auburn and Kirkland send their plat alterations to the Hearing Examiner for decision. The cities of Bellevue and Snoqualmie allow the director to be the decision maker. 4. Docket Process (19.80.050, 19.80.080 FWRC) and Noticing (19.80.170 FWRC) Purpose for Proposed Code Amendment: The current noticing requirement for the council meeting where the annual docketed proposed Comprehensive Plan Amendments and development regulation amendments are prioritized, creates a false expectation for a meaningful opportunity for community engagement. At this step, there has been no staff evaluation conducted of the proposal other than evaluation of the criteria located in FWRC 19.80.080(2) and (3). The selection process is not a decision, as stated in FWRC 19.80.080(5). The committee meeting and council meeting will remain publicly -noticed meetings, however, the proposal would for these meetings only, eliminate the added noticing of property posting for parcel - specific requests and noticing in the newspaper; and, replace this opportunity with a pre -meeting held by the Planning Commission. The noticing requirements for the public hearing will remain unchanged. This proposed amendment affects administrative procedures and is not intended to change the substance of the current regulations. March 23, 2022 Land Use and Transportation Committee 2021 Various Code Amendments & Code Cleanup Page 3 6. Non -substantive housekeeping items (19.55.010, 19.60.010, 19.65.010, 19.70.010, 19.70.100, 19.70.120, 19.200.180, 19.260.055, 19.260.060, 19.115.090, and 19.125.060 FWRC) Purpose for Proposed Code Amendment: The proposed amendments represent various proposed code revisions aimed at cleaning up typos, incorrect references, improve clarity, and to incorporate administrative interpretations. None of the proposed revisions are intended to constitute a change of substance to current regulations. 7. Electric fences (19.125.130 FWRC) Purpose for Proposed Code Amendment: The City believes this type of fencing is a necessary siting requirement for some businesses. The City is trying to increase its employment opportunities as its housing stock continues to grow. 8. ADU parking (19.200.180, 19.05.130 FWRC) Purpose for Proposed Code Amendment: To make the FWRC consistent with the provisions of RCW 36.70A.698(1) including a definition for "Major Transit stop". 9. Height for Accessory Structures (19.265.010, 19.05.010 FWRC) Purpose for Proposed Code Amendment: Clarify the intent of the code that "smaller" does not equate to "shorter" replacing "subordinate" and "incidental". 10. ADU Permit (19.265.020, 19.05.190, 19.05.010, 19.05.040, 19.195.180, 19.200.180 FWRC) Purpose for Proposed Code Amendment: The current code definitions for dwelling unit and accessory dwelling unit creates some ambiguity on whether a land use permit is needed for a residential expansion on an already built -upon lot. More specifically, Planning and Code Enforcement staff have had to determine when a building addition is, or is not, an ADU. The issue arises when the owner seeks to build an addition onto (or within) their existing home that has permanent provisions for living, sleeping, cooking and sanitation, but does not consider the proposed addition an ADU. The proposed amendment clarifies the code for when an ADU permit is necessary. 11. SEPA Categorical Exemptions (14.15.030 FWRC) Purpose for Proposed Code Amendment: The latest legislation to increase the exempt thresholds for SEPA (SHB 2673) took effect in June 2020. WAC 197-11-800 (Categorical Exemptions) identifies flexible thresholds that local jurisdictions can choose to adopt, provided protection and mitigation for environmental impacts have been adequately addressed. The amendment consists of 2 distinct proposed changes: 1) increases to existing exemptions for single-family, multi- family, commercial, parking and earth movement; and, 2) new exemptions contemplated by SHB 2673 for infill development. The infill provisions would be limited to the City Center. There would be new public noticing requirements added and provisions addressing traffic, soil contamination and archaeology. 12. Unrelated Persons (19.05.060 FWRC) March 23, 2022 Land Use and Transportation Committee 2021 Various Code Amendments & Code Cleanup Page 4 Purpose of Proposed Code Amendment: Section 6 of ESSB 5235 states "...a code city may not regulate or limit the number of unrelated persons that may occupy a household or dwelling unit." The proposed amendment seeks to align the FWRC with state law. 13. Boundary line Adjustments (18.10.010 FWRC) Purpose for Proposed Code Amendment: To clarify that the Boundary Line Adjustment process is not intended to negate requirements otherwise contained in city code. Procedural Summary: The procedure followed for making this amendment is shown below: 08/31/21: 60-day Notice of proposed changes to development regulations sent to Commerce 11/05/21: Public Notice of SEPA Decision published and posted (website) 11/05/21: Issuance of Determination of Nonsignificance (DNS) pursuant to the State Environmental Policy Act (SEPA) 11/17/21: Planning Commission Briefing 11/19/21: End of SEPA Comment Period 12/01/21: Public Hearing 12/10/21: End of SEPA Appeal Period 01/19/22: Public Hearing Continuation 04/04/22: LUTC Council Committee 04/19/22: City Council I" Reading 05/03/22: City Council 2nd Reading 05/06/22: Code revisions are effective 05/15/22: 10-day Notice of Action to Commerce Planning Commission Recommendation: The Planning Commission conducted Public Hearings on 1 December 2021, and 19 January 2022. Following extensive public input and Commission discussion and deliberations, consistent with 19.80.240(1)(c), the Planning Commission forwards the proposed code changes to the City Council with a recommendation for approval. Decision Criteria: FWRC Chapter 19.80.130 provides criteria for zoning text amendments. The following section analyzes compliance of the proposed zoning text amendments with the criteria provided by this chapter. The city may amend the text of the FWRC only if it finds that: The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC text amendments are consistent with the following Federal Way Comprehensive Plan (FWCP) policies and goals: LUG2 Develop an efficient and timely development review process based on a public/ March 23, 2022 Land Use and Transportation Committee 2021 Various Code Amendments & Code Cleanup Page 5 private partnership. LUN Maximize efficiency of the development review process LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. EDP1 Cooperate with the federal, state, and region's public jurisdictions and private entities on matters of individual interest including: economic, social and environmental issues. EDP10 Continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses or redeveloping businesses in the City. EDP11 Continue to pursue aggressive public safety programs designed to protect residents, businesses, and their investments. 2. The proposed amendments bear a substantial relationship to public health, safety, or welfare. The governmental power to include zoning regulations potentially limiting the rights of property owners is not unlimited, and must substantially advance legitimate public interests and bear a substantial relationship to the public health, safety, or general welfare. The proposed FWRC text amendments do not limit the rights of property owners as they will offer increased efficiencies for permit applicants, clarify ambiguities in the current code thereby reducing the need for staff interpretations, and make the city's code consistent with recently -approved changes to state law. In addition, one of the proposed amendments would expand the current allowance for electrified fencing in response to security concerns. 3. The proposed amendments are in the best interest of the residents of the city. The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because: 1) they provide for permitting efficiencies that reduce the staffing costs for permitting activities; 2) they provide clarifications for currently -ambiguous code sections March 23, 2022 Land Use and Transportation Committee 2021 Various Code Amendments & Code Cleanup Page 6 thereby reducing the need for director interpretations and the likelihood of appeals; 3) they update the code to be consistent with recent changes to state law thereby reducing the city's risk for appeals and legal challenges; and, 4) the inclusion of provisions for electrified fencing for certain uses in the CE zone is responsive to a request from an existing business for added security. For these reasons, the proposed amendments will be in the best interest of the residents of the city. Options for Decision: After consideration of the proposal and the Mayor's recommendation regarding the proposed amendments, the Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide staff direction. Mayor's Recommendation: Based on the recommendation from the Planning Commission, above analysis and decision criteria, the Mayor recommends that the proposed amendments to FWRC Titles 14 (Environmental Policy), 18 (Subdivisions) and 19 (Zoning and Development) be recommended for approval following discussion by the Land Use/Transportation Committee (LUTC) and forwarded to the entire City Council for deliberation and decision. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to various amendments to Titles 2 (Government), 14 (Environmental Policy), 18 (Subdivisions) and 19 (Zoning and Development); amending FWRC 14.10.040, 14.15.030, 18.10.010, 18.40.050, 18.45.040, 18.45.050, 18.45.070, 19.05.010, 19.05.040, 19.05.060, 19.05.130, 19.05.190, 19.55.010, 19.60.010, 19.65.010, 19.70.010, 19.70.100, 19.70.120, 19.80.050, 19.80.080, 19.80.170, 19.115.090, 19.125.060, 19.125.130, 19.195.180, 19.200.180, 19.260.055, 19.260.060, 19.265.010, 19.265.020; and repealing FWRC 18.45.060. (Amending Ordinance Nos. 90-40, 90-41, 90-43, 92-133, 93-170, 93-191, 95-245, 96-270, 96-271, 97-291, 99-333, 99-337, 00-375, 01-381, 01-382, 02-424, 02-426, 03-443, 04-468, 05-506, 06-515, 07-545, 07-554, 07-559, 07-573, 08-585, 09-593, 09-594, 09-604, 09-605, 09-610, 09-631, 10-651, 10-669, 10-678, 11-681, 11-700, 12-713, 13-754, 14-760, 14-778, 15-797, 15-804, 17-834, 18-850, 18-852, 18-844, 20-898, and 21-921) WHEREAS, the City recognizes the need to periodically modify Title 19 and various other Titles of the Federal Way Revised Code ("FWRC"), "Zoning and Development Code," in order to conform to state and federal law, codify administrative practices, clarify and update land use and zoning regulations as deemed necessary, and improve the efficiency of the regulations and the development review process; and WHEREAS, the Washington Growth Management Act requires that development regulations be subject to continuing evaluation and review; and WHEREAS, the City has identified miscellaneous issues of clarity and consistency, opportunities for permitting efficiencies, and compliance issues with newly passed and/or amended State laws and regulations that this ordinance seeks to remedy; and WHEREAS, as part of its current State Environmental Policy Act ("SEPA") code, contained in Title 18 FWRC, the City currently categorically exempts certain minor new construction from SEPA threshold determinations and environmental impact statements ("EIS") pursuant to WAC 197-11-900(1)(c); and Ordinance No. 22- Page I of 79 Rev 1 /22 LU WHEREAS, WAC 197-11-800(1)(c) authorizes cities to raise the SEPA categorical exemption thresholds for minor new construction to those levels specified in WAC 197-11- 800(1)(d); and WHEREAS, the City has determined that raising the SEPA categorical exemption thresholds in accordance with the procedures in WAC 197-11-800(1)(c) is in the best interests of the residents of the City; and WHEREAS, the City has completed the procedural requirements of WAC 197-11- 800(1)(c)(i-iv) necessary to change the SEPA categorical exemption thresholds for minor new construction; and WHEREAS, the City has determined that there are adequate existing local, state, and federal environmental regulations in place to mitigate any potential impacts from newly exempt development; and WHEREAS, this ordinance creates new public noticing requirements for multifamily residential structures over twenty units and office, school, commercial, recreational, service, storage building, and parking facility uses over 12,000 square feet; and WHEREAS, State agencies received 60-day notice of the proposed amendments on August 31, 2021; and WHEREAS, this ordinance, containing amendments to development regulations and the text of Title 19 FWRC, has complied with Process VI review, Chapter 19.80 FWRC, pursuant to Chapter 19.35 FWRC; and WHEREAS, an Environmental Determination of Nonsignificance ("DNS") was properly issued for the Proposal on November 5, 2021, no comments were received and the DNS was Ordinance No. 22- Page 2 of 79 Rev 1 /22 LU finalized on November 19, 2021, and no appeals were filed and the appeal period expired on December 10, 2021; and WHEREAS, the Planning Commission properly conducted a duly noticed public hearing on these code amendments on December 1, 2021, and continued on January 19, 2022; and forwarded a recommendation of approval to the City Council; and WHEREAS, the Land Use & Transportation Committee of the Federal Way City Council considered these code amendments on April 4, 2022, and recommended adoption of the text amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Findings. The City Council of the City of Federal Way makes the following findings with respect to the proposed amendments. (a) The recitals set forth above are hereby adopted and restated as findings of fact. (b) These code amendments are in the best interest of the residents of the City and will benefit the City as a whole by ensuring conformance with state law, protecting public health and safety, and clarifying items within the Code resulting in less need for interpretation. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of their respective titles under FWRC and will implement and are consistent with the applicable provisions of the Federal Way Comprehensive Plan. (e) These code amendments bear a substantial relationship to, and will protect and not adversely affect, the public health, safety, and welfare. Ordinance No. 22- Page 3 of 79 Rev 1 /22 LU FWRC. (f) These code amendments have followed the proper procedure required under the Section 2. Conclusions. Pursuant to Chapter 19.80 FWRC and Chapter 19.35 FWRC, and based upon the recitals and the findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of Law with respect to the decisional criteria necessary for the adoption of the proposed amendments: (a) The proposed FWRC amendments are consistent with, and substantially implement, the following Federal Way Comprehensive Plan goals and policies: LUG2 Develop an efficient and timely development review process based on a public/ private partnership. LUP4 Maximize efficiency of the development review process LUP6 Conduct regular reviews of development regulations to determine how to improve upon the permit review process. EDP1 Cooperate with the federal, state, and region's public jurisdictions and private entities on matters of individual interest including: economic, social and environmental issues. EDP10 Continue to implement a streamlined permitting process consistent with state and federal regulations to reduce the upfront costs of locating businesses or redeveloping businesses in the City. EDP11 Continue to pursue aggressive public safety programs designed to protect residents, businesses, and their investments. (b) The proposed FWRC amendments bear a substantial relationship to the public health, safety, and welfare because they will offer increased efficiencies for permit applicants, Ordinance No. 22- Page 4 of 79 Rev 1 /22 LU clarify ambiguities in the current code thereby reducing the need for staff interpretations, and make the city's code consistent with recently -approved changes to state law. (c) The proposed amendments are in the best interest of the public and the residents of the City of Federal Way because they promote permitting efficiency and reduce and clarify ambiguity in code, resulting in more consistency and predictability for the public. Section 3. FWRC 14.10.040 is hereby amended to read as follows: 14.10.040 Public notice. (1) The city shall give public notice for project -related actions as follows: (a) Notices will be posted on the city website, published in a newspaper of general circulation in the city, posted prominently on the site and mailed to all owners of real property as shown in the records of the county assessor located within 300 feet of the site and any interested party or agency who has filed its name directly with the responsible official or as part of a public hearing or scoping process for the following situations: (i) When the responsible official issues a determination of nonsignificance, optional determination of nonsignificance, or mitigated determination of nonsignificance; (ii) When an appeal had been filed related to a threshold determination as provided in this chapter; (iii) A draft environmental impact statement is available for public review and comment. (b) In addition to the requirements of subsection (1)(a) of this section, notices will be mailed to all owners of real property as shown in the records of the county assessor within 600 feet of a proposed project -related action for the following situations: (i) When the city commences scoping; (ii) Whenever the city holds a public hearing as required by WAC 197-11-535. Ordinance No. 22- Page S of 79 Rev 1 /22 LU (2) Notice of public hearing shall be issued no later than 14 days before a public hearing. (3) Notice of a threshold determination or environmental impact statement hearing on nonproject proposals shall be published in a newspaper of general circulation in the city, mailed to interested parties or agencies who have registered with the city, and posted in the City Hall and won the city webpage. (4) The responsible official shall maintain a public list of all State Environmental Policy Act actions known as the "City of Federal Way State Environmental Policy Act Register." The register shall be available for public inspection during normal working hours. The register will be revised as needed and the responsible official will mail copies to any person who has made a request and paid in advance a fee based on the cost of reproducing and mailing. The requirements of this subsection are not mandated by state regulations but will be provided by the city as voluntary extra notice. Failure to provide this notice shall not affect the validity of any action or proceeding related to the State Environmental Policy Act. (5) The responsible official shall maintain a public list of the names of parties or agencies who have indicated interest in receiving public notices related to any State Environmental Policy Act procedures. (6) The city may require an applicant to compensate the city for costs of compliance with the public notice requirements for the applicant's proposal or to provide addressed lists and addressed, stamped envelopes, unless that requirement is waived by the responsible official. Section 4. FWRC 14.15.030 is hereby amended to read as follows: 14.15.030 Categorical exemptions — Flexible thresholds. (1) The city establishes the following exempt levels for minor new construction defined as provided in WAC 197-11-800(1)(b) based on local conditions: Ordinance No. 22- Page 6 of 79 Rev 1 /22 LU (a) For residential structures up to 230 single-family dwelling units and up to 60 multi -family dwelling units. (b) For agricultural structures covering up to 10,000 square feet. (c) For office, commercial, recreational, service or storage buildings up to �?00030,000 square feet gross floor area, and up to 40-90 parking spaces. (d) For parking lots up to 40-90 parking spaces. (e) For landfills and excavations up to 500-1,000 cubic yards. (2) For any project considered exempt under FWRC 14.15.030(1), the followingshall hall apply: (a) Projects shall be subject to applicable city, state, and federal regulatory requirements. Projects shall not be exempt from meeting city code requirements. This includes paving applicable transportation impact fees (Chapter 19.91 FWRC), making development improvements, including those for safety and access purposes (Chapter 19.135 FWRC), and compliance with the transportation concurrency management program (Chapter 19.90 FWRC). (b) In the event that a future development project is proposed in a location mapped as being potentially affected by the Tacoma Asarco smelter plume, the city shall require that prior to the issuance of a grading permit or building permit, the applicant shall submit a soil sampling and cleanup report per the Washington State Department of Ecology Tacoma Smelter Plume Model Remedies Guidance. If soil contaminants are found to be elevated per the ,guidance, the applicant shall remedy the soils per the ,guidance as a component of the grading permit and then submit a written approval of cleanup (No Further Action) from the Department of Ecology following completion of the grading activities. The No Further Action document Ordinance No. 22- Page 7 of 79 Rev 1 /22 LU shall be submitted to the city Department of Community Development prior to issuance of any certificate of occupancy (c) In the event that a future development project is proposed on or immediately surrounding a site containing a known archaeological resource, as defined in Chapter 27.53 RCW, the potential impacts on the archaeological resource shall be considered; and, if needed, a study conducted by a professional archaeologist shall be required at the applicant's expense to determine whether the proposed development project would materially impact the archaeological resource. (d) If the impacts on archaeological resources cannot be avoided, the city shall require that the applicant obtain all appropriate permits consistent with state and federal laws and that any required archaeological studies are completed before permitting any project that would disturb archaeological resource(s). Under Chapter 27.53 RCW, a permit must be obtained from the Department of Archaeology and Historic Preservation (DAHP)prior to disturbing a known archaeological resource or site. The avoidance of archaeological resources through selection of project alternatives and changes in design of project features in the specific area of the affected resource(s) would eliminate the need for measuringor r mitigating impacts. (e) Developers and property owners shall immediately stop work and notify the city, DAHP, and affected tribes if archaeological resources are uncovered during excavation. Following such notification, the city may require implementation of FWRC 14.15.030(3)(c) and (d). (1) If impacts cannot be avoided on a historic resource that is determined eligible for listing on either state or national historic registers, the applicant shall consult with DAHP re ag rding mitigation options and shall provide documentation of the consultation to the citL Ordinance No. 22- Page 8 of 79 Rev 1 /22 LU (g) To include DAHP in the review of historic properties within the infill exemption area, the city will notify the State Historic Preservation Officer (SHPO,) regarding proposals involving eligible or designated historic properties through the evaluation of proposals consistent with Chanter 19.285 FWRC. (3) For any project considered exempt under FWRC 14.15.030(1) that contains more than 20 multifamily residential units, or 12,000 or more square feet of non-residential square footage, public notice must be provided in accordance with FWRC 19.65.070. (42) Whenever the city establishes new exempt levels under this section, it shall send them to the State Department of Ecology as required by WAC 197-11-800(1)(c). Section 5. FWRC 18.10.010 is hereby amended to read as follows: 18.10.010 Scope. (1) Boundary line adjustments shall be an alteration in the location of lot boundaries on existing lots. Such alteration shall not increase the number of lots nor diminish in size open space or other protected environments. (2) Such alteration shall not diminish the size of any lot so as to result in a lot of less square footage than prescribed in the zoning regulations. (3) Such alteration shall not result in the reduction of setbacks or site coverage to less than prescribed by the zoning regulations. (4) Such alteration shall not adversely affect storm drainage, water supply, existing or future sanitary serge disposal, and access easements for vehicles, utilities, and fire protection. (5) Such alteration shall not circumvent city code requirements associated with a land division approval, or an obligation to pay latecomer fees. Ordinance No. 22- Page 9 of 79 Rev 1 /22 LU (46) All lots resulting from the boundary line alteration shall be in conformance with the design standards of this title. Section 6. FWRC 18.40.050 is hereby amended to read as follows: 18.40.050 Approval and filing. (1) Following approval of the construction of required improvements, and/or appropriate bonding pursuant to this section, the final plat shall be reviewed by the director of community development eetmeil for- approval.. After considering all the information and comments submitted on the matter, the director shall issue a written decision within the time limits provided in FWRC 18.40.030. (2) The eity eetmeil, in , director's decision shall make written findings that the final plat is in substantial conformance to the preliminary plat and is in conformity with applicable zoning ordinances or other land use controls; that all conditions of the hearing examiner have been satisfied; that the public use and interest shall be served by the establishment of the subdivision and dedication by determining if appropriate provisions are made for, but not limited to, the public health, safety, general welfare, open spaces, drainageways, streets and roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and shall consider all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; that all required improvements have been made and maintenance bonds or other security for such improvements have been submitted and accepted; that all taxes and assessments owing on the property being subdivided have been paid. If the director makes such findings, then the plat shall be approved Ordinance No. 22- Page 10 of 79 Rev 1 /22 LU for recording. Dedication of land to any public body, provision of public improvements to serve the subdivision, and/or impact fees imposed under RCW 82.02.050 through 82.02.090 may be required as a condition of subdivision approval. Dedications shall be clearly shown on the final plat. (3) The approved and signed final plat, together with all legal instruments pertaining thereto as required herein, shall be recorded in the county ao..,.,, ment of eleet ons a -a r oral by the eity with the appropriate county office within 30 days of approval. A recorded and certified copy on any standard material acceptable to the city shall be returned to the city and kept with the cites records. One r-epr-e"eible eepy shall be fumished te the eity. One paper- eepy shall be filed with All fees for such recording shall be paid by the applicant. A copy of the documents stamped with the recording number shall be forwarded to the county department of assessments for assessment purposes. Final plats shall be recorded consistent with Chapter 58.09 RCW. (4) Any lots within a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of five years from the date of filing. A subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the legislative body finds that a change in conditions creates a serious threat to the public health or safety in the subdivision. Section 7. FWRC 18.45.040 is hereby amended to read as follows: 18.45.040 Process for review and notice of public hearing. (1) Upon confirmation that the plat alteration application is complete and that all pertinent requirements to the environmental policy, FWRC Ordinance No. 22- Page 11 of 79 Rev 1 /22 LU Title 14, have been fulfilled, the application shall be processed and reviewed following the procedures defined in Chapter 18.35 FWRC. (2) Notice of the hearing shall be mailed to the appropriate city or county officials if the proposed plat alteration lies within one mile of the adjoining city or county boundary, and to all agencies or private companies pursuant to FWRC 18.45.030(1). Additionally, notice shall be mailed to the State Department of Transportation if the plat proposed to be altered abuts a state highway. (3) All notices required in this section shall clearly describe in layperson's terms the nature of the request, the location of the proposal, the date, time and location of the hearing, and address and telephone number where additional information may be obtained relative to the application. Section 8. FWRC 18.45.050 is hereby amended to read as follows: 18.45.050 Report to hearing examiner — Review. (1) No less than seven days prior to the date of the public hearing, the department of community development services -shall submit to the hearing examiner a written report summarizing the application for plat alteration. The report shall contain, in addition to the requirements in Chapter 18.35 FWRC, the following information: (a) A notice of availability from the Lakehaven utility district and/or city of Tacoma public utilities department or other applicable utility department, as appropriate. (b) If the subdivision is to contain a septic system, a letter from the county department of public health regarding the adequacy and safety of such a system. (c) All communications from other agencies or individuals relating to the application which were received in time to be included in the report to the hearing examiner. Ordinance No. 22- Page 12 of 79 Rev 1 /22 LU (d) A list of recommendations from the department of community development services, department of public works, and other appropriate departments relating to alterations or conditions of plat approval. (e) A copy of the declaration of nonsignificance, mitigated declaration of nonsignificance, or draft environmental impact statement and final environmental impact statement, as applicable, along with a list of any required mitigation measures issued by the responsible official, if required. (2) The hearing examiner shall review the application for plat alteration for compliance with FWRC 18.05.020 (Purpose), and the following selected design criteria: (a) FWRC 18.55.010 — Land division design; (b) FWRC 18.55.020 — Lot design; (c) FWRC 18.55.030 — Density; (d) FWRC 18.55.060 — Open space and recreation; (e) FWRC 18.55.070 — Pedestrian and bicycle access. (3) The hearing examiner shall also review the application for plat alteration for compliance with the following development standards: (a) FWRC 18.60.010 — Street improvements and dedication of rights -of -way and/or easements; (b) FWRC 18.60.020 — Density regulations; (c) FWRC 18.60.050 — Streets and rights -of -way; (d) FWRC 18.60.060 — Water; (e) FWRC 18.60.070 — Sewer disposal; (f) FWRC 18.60.080 — Storm drainage; Ordinance No. 22- Page 13 of 79 Rev 1 /22 LU (g) FWRC 18.60.090 — Other utilities; (h) FWRC 18.60.100 — Street lighting; provided, however, that the application of FWRC 18.60.100 shall apply only to new roadways proposed as a result of the alteration to the plat; (i) FWRC 18.60.120 — Monuments. (4) The hearing examiner shall also review the application for plat alteration for compliance with any other applicable ordinances or regulations of the city and Chapter 58.17 RCW. (5) If any land within the alteration is part of an assessment district, any outstanding assessment shall be equitably divided and levied against the remaining lots, parcels, tracts, or be levied equitably on the lots resulting from the alteration. Easements established by dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the subdivision or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement. Section 9. FWRC 18.45.070 is hereby amended to read as follows: 18.45.070 Effect — Duration of approval. (1) Approval of the altered plat by the shearing examiner shall constitute conditional acceptance of subdivision layout and design and shall include all conditions, restrictions and other requirements adopted as part of plat alteration approval. City eetmei1Heanng examiner approval of a plat alteration shall not constitute approval for land clearing or grading, vegetation removal, or any other activities which otherwise require permits from the city. (2) Prior to construction of improvements pursuant to altered plat approval, engineering drawings for public improvements shall be submitted for review and approval to the department of public works and the Lakehaven utility district and/or city of Tacoma public utilities department, as appropriate. No permits to begin construction or site work shall be granted until Ordinance No. 22- Page 14 of 79 Rev 1 /22 LU final approval of all utility plans, including storm drainage, the payment of all pertinent fees, and the submittal of performance securities as may be required. (3) Conditional approval of the altered plat shall expire five years from the date of hearing examinereity eounel approval, unless the applicant requests an extension from the hearing examine c . The request for extension must be submitted to the department of community development sefviees at least 60 days prior to the expiration date of the conditional plat alteration. hearing in aeeer-danee with FWRG . In considering whether to grant the extension, the hearing examiner.- director shall consider the following in the pttblie hear -in : (a) Whether substantial progress has been made toward completion of the approved alterations to the plat, or the initial phase of the plat, if the conditional approval of the plat alteration included phasing. (b) Whether conditions in the vicinity of the altered lots have changed to a sufficient degree since initial approval to warrant reconsideration of the altered plat. (5) The hearing examine director may grant a one-year extension of the conditional approval of the plat alteration, or may allow division of the altered plat into separate phases, each with an expiration date and no further opportunity for extension. Section 10. FWRC 19.05.010 is hereby amended to read as follows: 19.05.04 0 A definitions. "Abandoned" means knowing relinquishment, by the owner, of right or claim to the subject property or structure on that property, without any intention of transferring rights to the property or structure to another owner, tenant, or lessee, or of resuming the owner's use of the property. Ordinance No. 22- Page 15 of 79 Rev 1 /22 LU "Abandoned" includes but is not limited to circumstances involving tax forfeiture, bankruptcy, or foreclosure. "Abandoned personal wireless service facility" means a WSF that meets the following: (1) Operation has voluntarily ceased for a period of 60 or more consecutive days; or (2) The effective radiated power of an antenna has been reduced by 75 percent for a period of 60 or more consecutive days; or (3) The antenna has been relocated at a point less than 80 percent of the height of the support structure; or (4) The number of transmissions from an antenna has been reduced by 75 percent for a period of 60 or more consecutive days. "Accessory" means a use or structure which is subordinate and incidental in , or the principal use or structure on the subject property, and supports the principal use or structure without displacing or dominating it. A structure is only accessory within the meaning of this definition when it has less ,gross square footage and its height is equal to or less than the height of the principal structure on the subject property. See FWRC 19.265.010. 1 MU 1.eer.� eer- �:e!�e�sse!rssree!r��ese!r�!�i Ordinance No. 22- Page 16 of 79 Rev 1 /22 LU "Accessory living facility" means an area or structure on the subject property, which is accessory to a permitted use on a commercial subject property, providing provisions for living, cooking, sleeping and sanitation for an employee on the subject property and that employee's family, or for the business owner/operator and that person's family. "Active uses" means uses that by their very nature generate activity, and thus opportunities for natural surveillance, such as picnic areas, extracurricular school activities, exercise groups, etc. "Adjoining" means property that touches or is directly across a street from the subject property. For the purpose of height regulations, any portion of a structure which is 100 feet or more from a low density zone is not considered to be adjoining that zone. "Administrator" for the purpose of sign regulations means the director or his/her designated representative. "Adult entertainment, activity, retail, or use" shall mean all of the following: (1) "Adult theater" shall mean a building or enclosure or any portion thereof used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" (defined below) for observation by patrons therein and which excludes minors by virtue of age. (2) "Adult entertainment" shall mean a cabaret, nightclub or other establishment which features go-go dancers, exotic dancers, strippers, male or female impersonators, similar entertainers or attendants, who are so clothed or dressed as to emphasize "specified anatomical areas" and/or whose performances or other activities include or mimic "specified sexual activities" (defined in Ordinance No. 22- Page 17 of 79 Rev 1 /22 LU FWRC 19.05.190) and which establishment excludes minors by virtue of age, and shall mean any of the adult entertainment establishments as defined in FWRC 12.10.010. (3) "Panorama" and "peepshow" shall mean as defined in FWRC 12.10.010. (4) "Adult retail" shall mean a retail establishment which, for money or any other form of consideration, either: (a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, and/or provide for viewing, off the premises, any adult -oriented merchandise; or (b) Provides, as its substantial stock -in -trade, for the sale, exchange, rental, loan, trade, transfer, and/or viewing or use, off the premises, any adult -oriented merchandise. Activities and uses defined as "adult entertainment, activity, retail, or use" are only permitted in the zone where that term is specifically listed as an allowable use and only in conformance to the requirements as stated for that use. "Adult family home" means a residential home for which a person is licensed to provide personal care, special care, room, and board to more than one, but not more than six, adults who are not related by blood or marriage to the person or persons providing the services. The number of residents in an adult family home may be no more than the total of the residents being provided services, plus a family that includes at least one service provider. Any limitation on the number of residents resulting from this definition shall not be applied to the extent it would prevent the city from making reasonable accommodations to disabled persons in order to afford such persons equal opportunity to use and enjoy a dwelling as required by the Fair Housing Amendments Act of 1988, 42 U.S.C. § 3604(f)(3)(b). This definition shall not be applied to the extent that would cause a residential structure occupied by persons with handicaps, as defined in Ordinance No. 22- Page 18 of 79 Rev 1 /22 LU the Federal Fair Housing Amendments Act of 1988, to be treated differently than a similar residential structure occupied by other related or unrelated individuals. See FWRC 19.105.080. "Adult -oriented merchandise" shall mean any goods, products, commodities, or other wares, including, but not limited to, videos, CD-ROMs, DVDs, magazines, books, pamphlets, posters, cards, periodicals, or nonclothing novelties which depict, describe, or simulate "specified anatomical areas" or "specified sexual activities" (defined in FWRC 19.05.190). "Agricultural use" means any agricultural, stable or livestock use listed as an allowable use in the suburban estate zones. See definition of "urban agriculture." "Air rights" means the right to control the use of the space above the surface of the ground. "AKART" means "all known, available and reasonable methods of prevention, control and treatment," and is the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a point or nonpoint discharge. See also "best management practices." "Alluvium" means soil deposits transported by surface waters. Animal Care Facility. See definition of "animal kennel." "Animal kennel" means any structure or premises in which animals are boarded (including day care) or bred for a fee or compensation. Animal kennels may also offer grooming, training, sales of ancillary items, and related activities. "Antique" or "collectible" means any article which, because of age, rarity, or historical significance, has a monetary value greater than its original value, or which has an age recognized by the United States government as entitling the article to an import duty less than that prescribed for contemporary merchandise. Ordinance No. 22- Page 19 of 79 Rev 1 /22 LU "Applicant" means a person who, whether personally or through an agent, seeks, requests, or applies for any permit, approval, license, franchise, development proposal, or capacity reserve certificate (CRC); a person who is the owner of property subject to this title, and a person who is engaged, whether personally or through an agent, in development activity. "Applicant" includes both the principal and any agent. "Aquifer" means a geological formation that is capable of yielding a usable amount of fresh water to a well or spring. "Arcade" means a linear pedestrian walkway that abuts and runs along the facade of a building. It is covered, but not enclosed, and open at all times to public use. Typically, it has a line of columns along its open side. There may be habitable space above the arcade. "Architectural embellishments for sign regulations" means the aesthetic elements of the structure that includes or encloses a sign. They do not include any copy, text, logos, graphics, or other elements of the sign face or sign base, but are solely intended to enhance the aesthetics of the structural elements surrounding or supporting the sign. "Average building elevation (ABE)" means the average of the highest and lowest existing or proposed elevations, whichever is lowest, taken at the base of the exterior walls of the structure, or it means five feet above the lowest of the existing or proposed elevations, whichever is lowest. ABE is the elevation from which building height is measured. Allow i Buildir Heigh Lowest Reference ""West ati Seuon datum (ABE) ae%ation Ordinance No. 22- Page 20 of 79 Rev 1 /22 LU "Average slope" means the average grade of land within each land area representing a distinct topographical change. "Awning" means a nonrigid, roof -like cover that projects from a building as a shelter, but that does not project above the adjacent parapet or roof of a supporting building. Section 11. FWRC 19.05.040 is hereby amended to read as follows: 19.05.040 D definitions. "Day care facility, commercial" means the temporary, nonresidential care of persons on a recurring basis. See FWRC Title 19, Division VI, Zoning Regulations. "Dedication" means the deliberate appropriation of land by its owner for public use or purpose, reserving no other rights than those that are compatible with the full exercise and enjoyment of the public uses or purposes to which the property has been devoted. "Deleterious substance" includes, but is not limited to, chemical and microbial substances that are classified as hazardous materials, as defined in this chapter, whether the substances are in usable or waste condition, that have the potential to pose a significant groundwater hazard, or for which monitoring requirements of treatment -based standards are enforced under Chapter 246- 290 WAC. "Development" means any human activity consisting of any construction, expansion, reduction, demolition, or exterior alteration of a building or structure; any use, or change in use, of a building or structure; any human -caused change to land whether at, above, or below ground or water level; and any use, or change in use, of land whether at, above, or below ground or water level. Development includes, but is not limited to, any activity that requires a permit or approval under zoning ordinances, subdivision ordinances, building code ordinances, critical areas Ordinance No. 22- Page 21 of 79 Rev 1 /22 LU ordinances, all portions of a shoreline master program, surface water ordinances, planned unit development ordinances, binding site plan ordinances, and development agreements; including but not limited to any activity that requires a building permit, grading permit, shoreline substantial development permit, conditional use permit, special use permit, zoning variance or reclassification, subdivision, short subdivision, urban planned development, binding site plan, site development, or right-of-way use permit. Development also includes, but is not limited to, filling, grading, paving, dredging, excavation, mining, drilling, bulkheading; driving of piling; placing of obstructions to any right of public use; and the storage of equipment or materials. "Development regulation" means controls placed on development or land use, but does not include decisions to approve a project permit application even though they may be expressed in a resolution or ordinance. "Diameter at breast height (dbh)" means the diameter of a tree trunk as measured at four and one-half feet above the ground surface. "Director" means the director of the department of community development, also known as the department of community development services, unless the context indicates otherwise. "Distillery" means an establishment primarily engaged in the production of distilled spirits, including all of the equipment and materials required for such production, and may include accessory uses such as tours of the distillery, sales, and/or on -site consumption, e.g., a tasting room. "Domestic animal" means an animal which can be and is customarily kept or raised in a home or on a farm. "Dredging" means removal of earth and other materials from a body of water, a watercourse, or a wetland. Ordinance No. 22- Page 22 of 79 Rev 1 /22 LU "Dredging spoils" means the earth and other materials removed from a body of water, a watercourse, or a wetland by dredging. "Driveway" means an area of the subject property designed to provide vehicular access to a parking area or structure located on the subject property. "Dry land" means the area of the subject property landward of the high water line. "Dwelling unit" means one or more rooms in a structure or structures, excluding mobile homes and outdoor storage containers and similar structures used or designed to be used as living facilities, providing complete, independent living facilities exclusively for one family, including permanent provisions for living, sleeping, cooking and sanitation. A factory -built home or manufactured home is considered a dwelling unit under this title only if it meets the standards and criteria of a designated manufactured home established in RCW 35A.63.145. There are the following 123 types of dwelling units: (1) "Dwelling unit, attached" means a dwelling unit that has one or more vertical walls in common with or attached to one or more other dwelling units or other uses and does not have other dwelling units or other uses above or below it. (2) "Dwelling unit, detached" means a dwelling unit that is not attached or physically connected to any other dwelling unit or other use. (3) "Dwelling unit, efficiency" means a small one -room unit, which includes all living and cooking areas with a separate bathroom. (4) "Dwelling unit, stacked" means a dwelling unit that has one or more horizontal walls in common with or attached to one or more other dwelling units or other uses and may have one or more vertical walls in common with or adjacent to one or more other dwelling units or other uses. Ordinance No. 22- Page 23 of 79 Rev 1 /22 LU (5) "Dwelling unit, multifamily" means a building containing two or more dwelling units, which are either attached or stacked. See definition of "dwelling unit, townhouse." (6) "Dwelling unit, senior citizen housing" means housing available for the exclusive occupancy of persons over 55 years of age. (7) "Dwelling unit, small lot detached" means detached residential dwelling units developed on multifamily -zoned property. Each unit is located on its own fee -simple lot. One of the dwelling unit's sides may rest on a lot line (zero lot line) when certain site development conditions are met. (8) "Dwelling unit, special needs housing" means housing not specifically defined by this title, and which will be processed under the classification most closely related to the proposed use, as determined by the director. (9) "Dwelling unit, studio" means a one -room unit, which includes all living and cooking areas with a separate bathroom. Studios may have a wide open living space, and are typically larger than an "efficiency apartment." Studio apartments can contain a loft. (10) "Dwelling unit, townhouse" means a type of attached multifamily dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls. (11) "Dwelling unit, zero lot line townhouse" means attached residential dwelling units with common (or "party") walls. Each unit is located on a lot in such a manner that one or more of the dwelling's sides rest on a lot line. Each unit has its own entrance opening to the outdoors (to the street, alley, or private tract) and, typically, each house is a complete entity with its own utility Ordinance No. 22- Page 24 of 79 Rev 1 /22 LU connections. Although most townhouses have no side yards, they have front and rear yards. The land on which the townhouse is built, and any yard, is owned in fee simple. (12) "Dwelling unit, permanent supportive housing and transitional housing" means housing that combines low -barrier affordable housing, health care, and supportive services for individuals and families experiencing homelessness or at imminent risk of homelessness and persons with a disability that presents barriers to employment and housing stability. Permanent supportive housing may prioritize people who need comprehensive support services to retain tenancy and utilize admissions practices designed to use lower barriers to entry than would be typical for other subsidized or unsubsidized rental housing. Permanent supportive housing has no limit on length of stay, whereas transitional housing is typically no more than two years. Permanent supportive housing is paired with on -site or off -site voluntary services. (13) "Dwelling unit, Accessory dwelling unit (ADU)' means a dwelling unit that is accessory to the primary dwelling unit located on the subject property, and which either: (a) is a freestanding detached structure or part thereof, excluding outdoor storage containers and similar structures used or designed to be used as living facilities, or, has one or more vertical and/or horizontal walls in common with or attached to the primary dwelling unit but is separate from the primary dwelling unit either because there is no interior connection between the ADU and primary dwelling unit, or because any interior connection between the ADU and primary dwelling unit is securable by lock from within the A T)T T Section 12. FWRC 19.05.060 is hereby amended to read as follows: 19.05.060 F definitions. "Facade" means the entire building front including the parapet. Ordinance No. 22- Page 25 of 79 Rev 1 /22 LU "Family" means one or more individuals regardless of relatedness living in a residential structure, so long as the individuals are the functional equivalent of a related family. Whether a particular group of individuals living in a residential structure is the functional equivalent of a related family is based on the following criteria: (1) Whether the individuals act as separate roomers; (2) Whether the individuals include minor, dependent children regularly residing in the household; (3) Whether expenses for food, rent or ownership costs, utilities, and other household expenses are shared; (4) Whether use of furniture and appliances is shared; (5) Whether the individual's relationship constitutes a permanent living arrangement, or is instead a framework for transient li (6) Whether occupants maintain a stable composition that does not change for year to year, or within the year; (7) Whether the individuals are part of a society, fraternity, sorority, lodge, organization, or other group of students or other individuals where the common living arrangement or basis for the establishment of the common living arrangement is temporary; and, (8) Whether there are any other factors reasonably related to whether or not the group of individuals is the functional equivalent of a family. ; a gr-eiip ef not more than five re!�res:r.�ee� .ressr.�ee��s�ss��_ !�!�xese�s�r_r�r�s��re!etrr�ea l %:..I. S: R� • 1. �. S.: ��:L�I SI.1S%:ASKS: \�.�/SSS..�L�.SSSt� RS.S.�SR!S:A):..:I<•�.: ��..::.lR!RR.%: �:.: SSSIS:\ �:.�.::IU�I �:I■ Ordinance No. 22- Page 26 of 79 Rev 1 /22 LU :..���..���.....�......�..:..�.:...�:..�..:....:.:�.,:.,..�:.:..� ems,. J: "Family day care" means a business regularly providing care during part of the 24-hour day to 12 or fewer persons, including children and/or adults, and the children, if applicable, of the day care provider, in the family abode of the person or persons under whose direct care those receiving care are placed. Family day care includes family day care homes for children as defined by RCW 35.63.170 and in -home day care for adults. See FWRC 19.105.070. "Farmers market" means a temporary (typically outdoor) or permanent (indoor or outdoor) market where farmers, producers, and other vendors sell whole produce; value-added agricultural products such as jams, jellies, and pickles; prepared food; plants; flowers; meats; dairy products; shellfish and finfish; and other food -related products. Additionally, some vendors may sell non- food -related products and services. The majority of products for sale throughout the course of the calendar year shall be food -related products, plants, flowers, and hand crafted arts and crafts products as determined by the number of vendors selling said products. Entertainment and other community activities may also be provided and are typically not considered to be market vendors; however, these other activities shall be ancillary in nature and support the primary purpose of providing a venue for farmers to sell fresh produce and other agricultural products. "Farm stand" means a structure accessory to a community garden, urban farm, or cottage food operation for the display and sale of vegetables or produce, flowers, orchard products, animal products, locally produced packaged food products, and similar products grown or produced on Ordinance No. 22- Page 27 of 79 Rev 1 /22 LU the general property on which the stand is located. See the definitions for "community gardens," "cottage food operation," and "urban farm." "Fast food restaurant" means an establishment which offers quick food service which is accomplished through one or more of the following mechanisms: (1) Limited menu of easily produced items. (2) Orders are not taken at the customer's table. (3) Food is served in disposable wrappings or containers. "Fence" means a manmade barrier or wall constructed for the purpose of enclosing space or separating parcels of land. "Festoons" means a string of ribbons, tinsel, small flags, or pinwheels. "Fill" means depositions of earth materials by artificial means. "Fill material" means dirt, rock, gravel, broken concrete, and similar substances used to change the level of the ground or to provide an even surface, but excluding topsoil, bark, rocks, or gravel placed on the surface of the ground for gardening, landscaping, or ornamental purposes. "Finished grade" means the final contour of the land surface prior to landscaping. "Fish and wildlife habitat conservation areas" means those areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-130. These areas include: (1) Areas where endangered, threatened, and sensitive species have primary association; (2) Habitats and species of local importance, as determined locally; (3) Commercial and recreational shellfish areas; (4) Kelp and eelgrass beds, herring, smelt, and other forage fish spawning areas; Ordinance No. 22- Page 28 of 79 Rev 1 /22 LU (5) Naturally occurring ponds under 20 acres and their submerged aquatic beds that provide fish or wildlife habitat; (6) Waters of the state; (7) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity; and (8) State natural area preserves, natural resource conservation areas, and state wildlife areas. "Flag" means any piece of cloth of individual size, color and design, used as a symbol, signal, emblem, or for decoration. "Flag lot" or "panhandle lot" means a lot in the shape of a flag or pan that is connected to the road or street right-of-way by a narrow strip of land. The narrow strip of land connecting the main portion of the lot to the road or street right-of-way is the "flag pole" or "access panhandle" part of the lot. "Floor" means the horizontal surface inside a structure designed and intended for human use and occupancy. "Floor area" means the total area of a building floor plate in gross square feet. "Frontage of a property" means the length of the property line along any public right-of-way on which it borders. "Frontage of a building" means the length of an outside building wall on a public right-of-way. Section 13. FWRC 19.05.130 is hereby amended to read as follows: 49.05.430 M definitions. "Maintenance," for signs, means the cleaning, painting, and minor repair of a sign in a manner that does not alter the basic design, size, height, or structure of the sign. Ordinance No. 22- Page 29 of 79 Rev 1 /22 LU "Major transit stop" means a stop on a high capacity transportation system; commuter rail stops; stops on rail or fixed guideway systems, including transitways; stops on bus rapid transit routes or routes that run on high occupancy vehicle lanes; or, stops for a bus or other transit mode actual fixed route service at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekdays. "Manufactured home" means a factory -built structure transportable in one or more sections which is built on a permanent chassis and designed to be a dwelling with or without a permanent foundation when connected to required utilities. A manufactured home shall be built to comply with the National Manufactured Home Construction and Safety Standards Act of 1974 (regulations effective June 15, 1976). "Manufacturing and production" means the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as oils, plastics, resins, or liquors. Manufacturing and production is divided into the following categories: (1) "Manufacturing and production, general," means establishments typically manufacturing and producing for the wholesale market. (2) "Manufacturing and production, limited," means retail establishments engaged in the small- scale manufacture, production, and on -site sales of custom goods and products. These uses are distinguished from "manufacturing and production, general," by a predominant use of hand tools or domestic mechanical equipment, limited number of employees, limited sales volume, limited truck deliveries, little or no outdoor storage, typical retail hours of operation, and an obvious retail storefront with a public entrance that is in scale with the overall building and oriented to the right-of-way. This category includes uses such as ceramic studios; candle -making shops; Ordinance No. 22- Page 30 of 79 Rev 1 /22 LU custom jewelry manufacturing; woodworking and cabinet making; manufacturing of specialized orthopedic appliances such as artificial limbs or braces; manufacturing of dental appliances such as bridges, dentures, and crowns; production of goods from finished materials such as wood, metal, paper, glass, leather, and textiles; and production of specialized food products such as caterers, bakeries, candy stores, micro -breweries, and beverage bottlers. "Maximum lot coverage" means the maximum percentage of the surface of the subject property that may be covered with materials which will not allow for the percolation of water into the underlying soils. See FWRC 19.110.020 et seq. for further details. "Mean sea level" means the level of Puget Sound at zero tide as established by the U.S. Army Corps of Engineers. "Medium density zones" mean the following zones: RS 15.0, RS 35.0 and comparable zones in other jurisdictions. "Micro -brewery," "micro -distillery," or "micro -winery" means a small-scale "brewery" limited to production of less than 3,750 beer barrels per year (115,000 gallons), small-scale "distillery" limited to production of less than 7,600 nine -liter cases per year (65,000 liters), or small-scale "winery" limited to production of less than 3,000 cases per year (495 gallons), respectively. "Minor facility" means a wireless communication facility consisting of up to three antennas, each of which is either: (1) Four feet in height and with an area of not more than 580 inches; or (2) If a tubular antenna, no more than four inches in diameter and no more than six feet in length. A minor facility includes any associated equipment cabinet that is six feet or less in height and no more than 48 square feet in floor area. Ordinance No. 22- Page 31 of 79 Rev 1 /22 LU "Mixed -use building" means a building containing two or more different principal permitted uses, as determined by the director, and which occupy separate tenant spaces. "Moorage facility" means a pier, dock, buoy or other structure providing docking or moorage space for waterborne pleasure craft. "Multiple -story building" means a building containing two or more floors of active permitted use(s), and each upper floor area, excluding any storage, mechanical, and other similar accessory, nonactive areas, contains at least 33 percent of the ground floor area. "Multi -tenant complex" means a complex containing two or more uses or businesses. "Multi -use complex" means all of the following: a group of separate buildings operating under a common name or management; or a single building containing multiple uses where there are specific exterior entranceways for individual uses; or a group of uses on separate but adjoining properties that request treatment as a multi -use complex. "Mural" means a design or representation that is painted or drawn on the exterior surface of a structure and that does not advertise a business, product, service, or activity. Section 14. FWRC 19.05.190 is hereby amended to read as follows: 19.05.190 S definitions. "Schools" means institutions of learning, excluding those offering post -secondary education, offering instruction in the several branches of learning and study required by the Basic Education Code of the state of Washington to be taught in public, private and parochial schools, including those disciplines considered vocational, business -related, or trade in nature. "Secondhand merchandise" means used or remanufactured goods and includes used books, records, clothing, furniture, and appliances; and includes such merchandise typically for sale or found at pawn shops, thrift stores, consignment stores, and flea markets. Secondhand Ordinance No. 22- Page 32 of 79 Rev 1 /22 LU merchandise does not include used, remanufactured, or junk motor vehicles or boats; nor antiques or collectibles. "Self-service storage facilities" means a structure or group of structures for the storage of personal property where individual stalls or lockers are rented out to different tenants for storage. "Shared access points" means a common point of vehicle access from a street to more than one lot or use. "Sight line" means the line of vision from a person to a place or building. "Sign" means any communication device, structure, fixture, or placard that uses colors, words, letters, numbers, symbols, graphics, graphic designs, figures, logos, trademarks, and/or written copy for the purpose of: (1) Providing information or directions; or (2) Promoting, identifying, or advertising any place, building, use, business, event, establishment, product, good, or service, and includes all supports, braces, guys, and anchors associated with such sign. Painted wall designs or patterns which do not represent a product, service, or registered trademark, and which do not identify the user, are not considered signs. If a painted wall design or pattern is combined with a sign, only that part of the design or pattern which cannot be distinguished from the sign will be considered as part of the sign. The following types of signs are included in the definition of "signs": (1) "Abandoned sign" means any sign remaining in place after a sign has not been maintained for a period of 90 or more consecutive days or if the activity conducted on the subject property ceases for 180 consecutive days. Ordinance No. 22- Page 33 of 79 Rev 1 /22 LU (2) Advertised activity for freeway profile signs. For the purpose of measuring from the advertised activity for an individual business, the distance shall be measured from the sign to the nearest portion of that building, storage, or other structure or processing area which is the most regularly used and essential to the conduct of the activity; and for a center identification sign, which identifies businesses within a multi -tenant complex, the distance shall be measured from the sign to the nearest portion of the combined parking area of the subject property. (3) "Animated or moving sign" means any sign that uses movement or the appearance of movement of a sign display through the use of patterns of lights, changes in color or light intensity, computerized special effects, video display, or through any other method, chasing or scintillating lights, fluttering or moving lights, lights with stroboscopic effect, or containing elements creating sound or smell; except for the scrolling of a static message, scene, or color onto or off a sign board in one direction per message. (4) "Awning sign" means a nonelectric sign on the vertical surface or flap that is printed on, painted on, or attached to an awning or canopy. Illumination for the awning or canopy shall be for safety purposes only and, therefore, shall point toward the ground and not illuminate the canopy. (See also "marquee sign.") r ,7rrcmal 4' ew Sf�f� AM Figure 1 - Awning or Canopy Sign (5) "Banner" means a sign made of any nonrigid material with no enclosing framework. Ordinance No. 22- Page 34 of 79 Rev 1 /22 LU (6) "Billboard" means permanent outdoor advertising off -site signs containing a message, commercial or otherwise, unrelated to any use or activity on the subject property on which the sign is located, but not including civic event signs, signs oriented to the interior of sports fields, government signs, or instructional signs. (7) "Building -mounted signs" means any sign attached to the facade or face of a building or mansard roof including without limitation wall signs, marquee signs, under -canopy signs and projecting signs. (8) "Cabinet sign" means a sign constructed of a box, rigid material, or framework over or within which is secured the sign copy, text, graphics, or other sign elements. Cabinet signs may have either interior or exterior illumination. Figure 2 - Cabinet Sign (9) "Canopy sign" means the same as "awning sign." (10) "Center identification sign" means a building -mounted or freestanding sign that identifies the name and/or logo of a development containing more than one office, retail, institutional or industrial use or tenant and which may separately identify the tenants. (11) "Changeable copy sign" means a sign whose informational content can be changed or altered (without changing or altering the sign frame, sign supports or electrical parts) by manual or electric, electro-mechanical, or electronic means. A sign on which the message changes more than eight times a day shall be considered an electronic changeable message sign and not a changeable copy sign for purposes of this chapter. A sign on which the changing is an electronic Ordinance No. 22- Page 35 of 79 Rev 1 /22 LU or mechanical indication of time and/or temperature shall be considered a time and temperature sign and not a changeable copy sign. (12) "Construction sign" means a temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located. Construction signs also include "Coming Soon" and "Open During Construction" signs. (13) "Directional sign, on -site," means a sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy (e.g., parking, exit or entrance signs). (14) `Electrical sign" means a sign or sign structure in which electrical wiring, connections, or fixtures are used. (15) "Electronic changeable message sign" means an electronically activated sign whose message content, either whole or in part, may be changed by means of electronic programming. (16) "Flashing sign" means a sign when any portion of it changes light intensity, switches on and off in a constant pattern, or contains moving parts or the optical illusion of motion caused by use of electrical energy or illumination. (17) "Freestanding sign" means a sign supported permanently upon the ground by poles, pylons, braces or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs," and "monument signs." Ordinance No. 22- Page 36 of 79 Rev 1 /22 LU Figure 3 - Freestanding Sign (18) "Fuel price sign" means a sign displaying the price of fuel for motorized vehicles. (19) "Ground -mounted sign" means a pedestal sign, pole sign, pylon sign, monument sign, or any sign permanently affixed to the ground. (20) "Government sign" means any temporary or permanent sign erected and maintained by any city, public utility, county, state, or federal government for designation of or direction to any school, hospital, hospital site, property, or facility, including without limitation traffic signs, directional signs, warning signs, informational signs, and signs displaying a public service message. (21) "Instructional sign" means a sign which designates public information including, without limitation, public restroom signs, public telephone signs, exit signs and hours of operation signs. (22) "Integral sign" means a sign displaying a building date, monument citation, commemorative inscription, or similar historic information. (23) "Kiosk" means a freestanding sign, which may have a round shape or which may have two or more faces and which is used to provide directions, advertising or general information. (24) "Marquee sign" means any sign attached to or supported by a marquee, which is a permanent roof -like projecting structure attached to a building. Ordinance No. 22- Page 37 of 79 Rev 1 /22 LU (25) "Menu board" means a permanently mounted sign advertising the bill of fare for a drive-in or drive -through restaurant. (26) "Monument sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. (See drawing set forth in FWRC 19.140.170(3)(b), Figure 3.) (27) "Identification sign" means a sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified. (28) "Identification sign (subdivision)" means a freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development. (29) "Illuminated sign" means a sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign. (30) "Incidental sign" means a small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises (e.g., a credit card sign or a sign indicating hours of business). (31) "Nameplate" means a nonelectric, on -premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants of the building. (32) "Neon (outline tubing) sign" means a sign consisting of glass tubing, filled with neon gas, or other similar gas, which glows when electric current is sent through it. (33) "Nonconforming sign" means any sign which was legally in existence on the effective date of this Code, February 28, 1990, or on the effective date of annexation if located in areas annexed to the city thereafter, but which does not comply with this title or any other sections of this Code. Ordinance No. 22- Page 38 of 79 Rev 1 /22 LU (34) "Obsolete sign" means a sign that advertises a product that is no longer made, a business that is no longer in operation, or an activity or event that has already occurred, except for historical signs. (35) "Off -site sign" means a sign relating, through its message and content, to a business activity, use, product, or service not available on the subject property on which the sign is located. (36) "On -site sign" means a sign which contains only advertising strictly applicable to a lawful use of the subject property on which the sign is located, including without limitation signs indicating the business transacted, principal services rendered, and goods sold or produced on the subject property, or name of the business and name of the person occupying the subject property. (37) "Pedestal sign" means a freestanding sign supported permanently upon the ground by a solid base of landscape construction materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property. Such base shall be equal to at least 50 percent of the sign width. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 1.) (38) "Point of purchase display or sign" means an advertisement for an item accompanying its display indicating only instructions and the contents or purpose of the item (e.g., an advertisement on a product dispenser, tire display, recycling containers, collection containers, gas pumps, phone booths, etc.). (39) "Pole or pylon signs" means freestanding signs supported permanently upon the ground by poles or braces of materials such as brick, stucco, stonework, textured wood, tile or textured concrete materials harmonious with the materials of the primary structure on the subject property and not attached to any building. (See drawing set forth in FWRC 19.140.170(3)(a), Figure 2.) Ordinance No. 22- Page 39 of 79 Rev 1 /22 LU (40) "Political signs" means temporary signs advertising a candidate or candidates for public elective office, or a political party, or signs urging a particular vote on a public issue decided by ballot in connection with local, state, or national election or referendum. (41) "Portable sign" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building. Portable signs differ from temporary signs in that portable signs are made of durable materials such as metal, wood, or plastic. (42) "Pre -opening sign" means a temporary sign which identifies a new business moving into a new tenant space or building. The sign must include the name of the business and copy stating the business will open soon (e.g., "Coming Soon..." "Opening Soon...," etc.). (43) "Private advertising sign" means a temporary sign announcing an event, use or condition of personal concern to the sign user including without limitation "garage sale" or "lost animal" signs. (44) "Private notice sign" means a sign announcing a restriction or warning regarding the subject property, such as, but not limited to, "no trespassing" or "beware of dog." (45) "Projecting sign" means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designed to support the sign. Ordinance No. 22- Page 40 of 79 Rev 1 /22 LU M Figure 4 - Projecting Sign (46) "Real estate, on -site sign" means a sign placed on the subject property and announcing the sale or rental of the subject property. (47) "Roof sign" means any sign erected, constructed, or placed upon, over, or extended above any portion of the roof of a building or structure, excluding signs affixed to the vertical face of a mansard or gambrel style roof, in which case a roof sign is any sign erected, constructed, or placed upon, over, or extended above the lowest vertical section of a mansard or gambrel roof. (48) "Snipe sign" means a temporary sign or poster posted on trees, fences, light posts or utility poles, except those posted by a government or public utility. (49) "Temporary sign" means a sign not constructed or intended for long-term use. (50) "Tenant directory sign" means a sign for listing the tenants or occupants and then suite numbers of a building or center. (51) "Time and temperature sign" means any sign that displays the current time and temperature, without any commercial message. Ordinance No. 22- Page 41 of 79 Rev 1 /22 LU (52) "Under -canopy sign" means any sign intended generally to attract pedestrian traffic suspended beneath a canopy or marquee which is at a 90-degree right angle to the adjacent exposed building face and which contains no commercial messages other than the name of the business. (53) "Vehicle sign" means a sign temporarily affixed or attached to a parked vehicle for the purpose of advertising a product or service, or providing directions to such products or services. (54) "Wall sign" means either a sign applied with paint or similar substance on the surface of a wall or a sign attached essentially parallel to and extending not more than 24 inches from the wall of a building with no copy on the side or edges. (55) "Warning sign" means any sign which is intended to warn persons of prohibited activities such as "no trespassing," "no hunting," and "no dumping." (56) "Window sign" means all signs affixed to a window and intended to be viewed from the exterior of the structure. "Sign area" means the entire area of a sign on which colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademarks and/or written copy is to be placed, excluding sign structure, architectural embellishments and framework. Sign area is calculated by measuring the perimeter enclosing the extreme limits of the module or sign face containing the graphics, letters, figures, symbols, trademarks, and/or written copy; except that sign area is calculated for individual letters, numbers, or symbols using a canopy, awning or wall as the background, without added decoration or change in the canopy, awning or wall color, by measuring the perimeter enclosing each letter, number, or symbol and totaling the square footage of these perimeters. Ordinance No. 22- Page 42 of 79 Rev 1 /22 LU G+r+o+c+e+r+y = Sipn Area I 'a' 1 HEATER VIDEO SHOES d• DELI a x ( b+c+d+e) =Sign Area Figure 5 - Calculating Sign Area "Sign face" means the area of a sign on which the colors, words, letters, numbers, symbols, graphics, graphic design, figures, logos, trademark and/or written copy is placed. "Sign inventory sticker" means the sticker that is assigned to any sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign inventory sticker number" means the inventory number that is assigned to a sign after it has been inventoried and determined to be a legal nonconforming sign. "Sign registration" means the approval issued to any sign that has an approved sign permit and that has passed all inspections required by the city, or is in conformance with this Code after an analysis conducted as part of a sign inventory. "Silt" or "sediment" means the soils or rock fragments mobilized and deposited by erosion, which are transported by, suspended in, or deposited by water. Ordinance No. 22- Page 43 of 79 Rev 1 /22 LU "Single hetisekeeping tmit" means a per-sen, a gr-e" ef net fner-e than thfee per -sons, er- a gr-eep jae:..:.. ram: ;. .:r�r...:.r. r`n:.� �.�K..r.�r.re. :: o�:..�.ON ••• . 175rIff%TMATA ri.i!!`�.ir� .:. i:.v:.r•���nrav�rsai ���� :irnr:.vrr:r M-nt.e:♦ii uRa.:i "Single -use building" means a building which contains one use. "Site" means subject property. "Small animals" means dogs, cats, birds, small exotic animals (snakes, gerbils, mice, guinea pigs, etc.), foxes, bobcats and similar small wild animals. "Spa" means a commercial establishment offering health, relaxation, and beauty treatment primarily through such means as steam baths, baths, saunas, pools, and massage. See also "public bathhouse" in FWRC Title 12. "Specified anatomical areas" shall mean the following: (1) Less than completely and opaquely covered human genitals, anus, pubic region, buttock or female breast below a point immediately above the top of the areola; or (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. "Specified sexual activities" shall mean any of the following: (1) Human genitals in a state of sexual stimulation or arousal; Ordinance No. 22- Page 44 of 79 Rev 1 /22 LU (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts, whether or not clothed, of oneself or of one person by another; or (4) Excretory functions as part of or in connection with any of the activities set forth in this definition. "State Environmental Policy Act" means Chapter 43.21C RCW. "Storm drainage" means the movement of water, due to precipitation, either surficially or subsurficially. "Story" means the area of a structure between the floor and the horizontal supporting members of the ceiling directly above that floor. If a floor is, on average, at least three feet below finished grade, the area between that floor and the ceiling directly above is not a story. "Stream" means a course or route, formed by nature, including those which have been modified by humans, and generally consisting of a channel with a bed, banks or sides throughout substantially all its length, along which surface waters naturally and normally flow in draining from higher to lower elevations. A stream need not contain water year-round. In a development, streams may run in culverts or may be channeled in a concrete, rock or other artificial conveyance system. This definition does not include irrigation ditches, stormwater facilities or other artificial watercourses unless they are used by resident or anadromous salmonid fish, or the feature was constructed to convey a natural stream which existed prior to construction of the watercourse. Those topographic features that resemble streams but have no defined channels shall be considered streams when hydrologic and hydraulic analyses done pursuant to a development proposal predict formation of a defined channel after development. For the purpose of defining the following categories of streams, "normal rainfall" is rainfall that is at or near the Ordinance No. 22- Page 45 of 79 Rev 1 /22 LU mean of the accumulated annual rainfall record, based upon the current water year for King County as recorded at the Seattle -Tacoma International Airport. (1) Streams shall be classified according to the following criteria: (a) Type F streams are those streams that are used by fish or have the potential to support fish. (b) Type Np streams are those streams that are perennial during a year of normal rainfall and do not have the potential to be used by fish. Type Np streams include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations, then the point of perennial flow should be determined using the best professional judgment of a qualified professional. (c) Type Ns streams are those streams that are seasonal or ephemeral during a year of normal rainfall and do not have the potential to be used by fish. (2) For the purposes of this definition, "used by fish" and "potential to support fish" are presumed for: (a) Streams where naturally reoccurring use by fish has been documented by a government agency; or (b) Streams that are fish passable, as determined by a qualified professional based on review of stream flow, gradient and natural barriers, and criteria for fish passability established by the Washington Department of Fish and Wildlife. (3) Ditches are excluded from regulation as streams, unless they are used by fish. Ditches are artificial drainage features created in uplands through purposeful human action, such as irrigation Ordinance No. 22- Page 46 of 79 Rev 1 /22 LU and drainage ditches, grass -lined swales, and canals. Purposeful creation must be demonstrated through documentation, photographs, statements and/or other evidence. "Streambank stabilization" means treatments used to stabilize and protect banks of streams from erosion. "Street" means both a public right-of-way and a vehicular access easement or tract. "Street providing direct vehicle access" means the street from which a vehicle can enter the subject property without traversing another street or piece of property. In the case of a multi -use complex, the street providing direct vehicular access is the exterior street that borders the complex and not an internal street surrounded by the complex. "Streetscape" means the visual character and quality of a street as determined by various elements located between the street and building facades, such as trees and other landscaping, street furniture, artwork, transit stops, and the architectural quality of street -facing building facades. "Streetscape amenities" means pedestrian -oriented features and furnishings within the streetscape, such as bench seats or sitting walls, weather protection, water features, art, transit stops with seating, architectural facade treatments, garden space associated with residences, pedestrian -scale lighting, landscaping that does not block views from the street or adjacent buildings, special paving, kiosks, trellises, trash receptacles, and bike racks. "Structural alteration" means any change in the supporting member of a building or structure. "Structure" means a combination or arrangement of material for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water. Ordinance No. 22- Page 47 of 79 Rev 1 /22 LU "Structured parking" means parking provided on more than one level and within a structure, either above or below grade. Structured parking shall not include a surface parking lot. "Subject property" means the entire lot or parcel, or series of lots or parcels, on which a development, activity, or use exists or will occur, or on which any activity or condition subject to development regulations exists or will occur. "Support structure" means any built structure, including any guy wires and anchors, to which an antenna and other necessary associated hardware is mounted. Support structures may include the following: (1) Lattice tower. A support structure which consists of a network of crossed metal braces, forming a tower which is usually triangular or square in cross-section. (2) Guy tower. A support structure such as a pole or narrow metal framework which is held erect by the use of guy wires and anchors. (3) Monopole. A support structure which consists of a single steel or wood pole sunk into the ground and/or attached to a concrete pad. (4) Existing nonresidential structure. Existing structures to which a PWSF may be attached with certain conditions. "Surface parking lot" means an off-street, ground level open area, usually improved, for the temporary storage of motor vehicles. Section 15. FWRC 19.55.010 is hereby amended to read as follows: 19.55.010 Process I generally. Various places in the Code indicate that certain developments, activities, or uses are permitted only if approved using process I. This chapter describes process I. Any process I application not categorically exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be Ordinance No. 22- Page 48 of 79 Rev 1 /22 LU reviewed pursuant to process III of this title. Under process I, the director is authorized to make administrative decisions based on certain criteria as set forth in this chapter or title. Any appeals of the director's decision will be decided by the hearing examiner after an appeal pubW hearing. Section 16. FWRC 19.60.010 is hereby amended to read as follows: 19.60.010 Process II generally. Various places in the Code indicate that certain developments, activities or uses are permitted only if approved using process II. This chapter describes process II. All commercial, office and industrial development applications subject to the provisions of this chapter, including applications for remodeling and expansion of an existing use, shall also meet the requirements of Chapter 19.115 FWRC, Community Design Guidelines. Process II applications are exempt from the procedural requirements set forth in RCW 36.70B.060 and 36.70B.110 through 36.70B.130. Any process II application not categorically exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be reviewed pursuant to process III of this title. If the development, activity, or use that requires approval through process II is part of a proposal that also requires approval through process IV, the entire proposal will be decided upon using process IV, if the director determines that this will result in more efficient decision making. Under process II, the director willis authorized to make the ;,,land use decision -and -the Any appeals of eidhwr--the director's decision will be decided by the hearing examiner after an appeal pffblie hearing. Section 17. FWRC 19.65.010 is hereby amended to read as follows: 19.65.010 Process III generally. Ordinance No. 22- Page 49 of 79 Rev 1 /22 LU Various places in the Code indicate that certain developments, activities or uses are permitted only if approved using process III. This chapter describes process III. All commercial, office, industrial, institutional, and multifamily development applications subject to the provisions of this chapter, including applications for remodeling and expansion of an existing use, shall also meet the requirements of Chapter 19.115 FWRC, Community Design Guidelines. If the development, activity, or use that requires approval through process III is part of a proposal that also requires approval through process IV, the entire proposal will be decided upon using process IV, if the director determines that this will result in more efficient decision making. Under process III, the director wiH-is authorized to make the eland use decision-aftd4he Any appeals of either -the director's decision will be decided by the hearing examiner after an appeal pffblie-hearing. Section 18. FWRC 19.70.010 is hereby amended to read as follows: 19.70.010 Administration. Various places in the Code indicate that certain developments, activities or uses are permitted only if approved using process IV. Certain appeals of agency decisions are also governed by process IV. This chapter describes process IV. r�!srs ■ r�ee!�,�s!�r�re�ss�e!!e��s�stes.INN L J.....lA�l��/� ���I �l�Jtn%::.::...:..�'��JTI.� :� 1...�f�l....Tl�.].f...�..n1�7.I..../�'�'1'I l..�:/�:�7�AT1•.. t.T1Ip:I All applications for Ordinance No. 22- Page 50 of 79 Rev 1 /22 LU commercial, office, industrial, institutional, and multi -family residential development, including applications for remodeling and expansion of an existing use, shall meet the requirements of Chapter 19.115 FWRC, Community Design Guidelines. If the development, use or activity that requires approval through process II or III is part of a proposal that also requires approval through process IV, the entire proposal will be decided upon using process IV, if the director determines that will result in more efficient decision making. Under process IV the hearing examiner will make the final decision following a public hearing. Section 19. FWRC 19.70.100 is hereby amended to read as follows: 19.70.100 D•�nHearing. (1) Generally. The hearing examiner shall hold a hearing on each application that is open to the public. The hearing examiner shall make a complete electronic sound recording of each public hearing. (2) Participation. Any person may participate in a public hearing under this process, except those involving agency decision appeals. Only these per-sens ap rties to the appeal may participate in the appeal hearing. Participation in a public hearing is accomplished through either or both of the following ways: (a) By submitting written comments to the hearing examiner, either by delivering these comments to the department prior to the hearing or by giving these directly to the hearing examiner at the hearing. (b) By appearing in person, or through a representative, at the hearing and making oral comments directly to the hearing examiner. The hearing examiner may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing. Ordinance No. 22- Page 51 of 79 Rev 1 /22 LU (3) Continuation. The hearing examiner may continue the hearing if, for any reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner determines that he or she needs more information on the matter. If, during the hearing, the hearing examiner announces the time and place of the next hearing on the matter and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given. Section 20. FWRC 19.70.120 is hereby amended to read as follows: 49.70.420 Burden of proof. The applicant has the responsibility of persuading the hearing examiner by a preponderance of the evidence that, under the provisions of this chapter, the applicant is entitled to the requested decision. The hearing examiner may take notice of (1) any judicially cognizable facts, (2) technical or scientific facts within the agency's specialized knowledge, and (3) codes or standards that have been adopted by an agency of the United States, of this state or of another state, or by a nationally recognized organization or association. The hearing examiner shall give great deference to the agency's interpretation of its own properly promulgated regulations, recommendations on community design ,guidelines (19.115 FWRC), matters within its expertise, and procedural determinations. Section 21. FWRC 19.80.050 is hereby amended to read as follows: 19.80.050 City council review. (1) Docketed proposals, planning commission recommendation. Prior to city council review, the planning commission shall review the docket at a public meeting and shall forward a recommendation to the city council on the prioritized docket. (2) Docketed proposals, city council. The city council shall review docketed proposals concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such Ordinance No. 22- Page 52 of 79 Rev 1 /22 LU annual review, the council shall review and prioritize docketed proposals received prior to September 30th of the previous calendar year according to FWRC 19.80.080 and shall fully consider the recommendation on the docketed items rendered by the planning commission. Docketed proposals submitted after September 30th shall be considered during the following annual review. Docketed proposals. The city council shall review docketed proposals concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review and prioritize docketed proposals received prior to September 30th of the previous calendar year according to FWRC 19.80.080. Docketed proposals submitted after September 30th shall be considered during the following annual review. (23) Other amendments. The city -initiated amendments of the comprehensive plan shall be reviewed concurrently with docketed proposals. The city council may also review or amend the comprehensive plan: (a) If an emergency exists, which is defined as an issue of community -wide significance that promotes the public health, safety, and general welfare; (b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court; (c) To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58 RCW; (d) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea; Ordinance No. 22- Page 53 of 79 Rev 1 /22 LU (e) The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city budget. The city council will hold the public hearing on this matter rather than the planning commission; and (f) In other circumstances as provided for by RCW 36.70A.130(2)(a). The city council may review city -initiated changes to development regulations or to the city's zoning map concurrently with the docketed proposals or at the council's discretion. (�4) Additional information. The city council may request, through the mayor, that the department or any other department of the city provide any information or material on a proposal(s), consistent with FWRC 19.80.160. Section 22. FWRC 19.80.080 is hereby amended to read as follows: 49.80.080 Prioritizing docketed proposals. (1) Prior to adopting any docketed proposals, the planning commission shall hold a up blic meeting and will sel recommend to the city council those docketed proposals it wishes to further consider for adoption and for staff to research and evaluate further. (2) The planning commission shall consider the following criteria in selecting the docketed proposals to be considered during the upcoming cycle: (a) Whether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest. (b) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan. (c) Whether the proposed amendment meets existing state and leeal—kaws, ineludingis consistent with the Planning Goals of the Growth Management Act RCW 36.70A.020. Ordinance No. 22- Page 54 of 79 Rev 1 /22 LU (d) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group. (3) If the request meets the criteria set forth in subsections (2)(a) through (d) of this section, it shall be further evaluated according to the following criteria: (a) Whether the proposed amendment can be incorporated into planned or active projects. (b) Whether the proposal can be reasonably reviewed as part of the annual amendment process and the city has staffing resources available to accomplish such review. leads,. . !d, a r-equest may have te be delayed tmtil the following year- "e to work (c) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year. (d) Order of requests received. (4) Based on its -the planning commission's review of the docketed proposals according to the criteria in subsections (2) and (3) of this section and the recommendation provided, the council shall determine which docketed proposals will be further considered , and shall forward those reque4s-s ected proposals to the planning commission for its further review and recommendation to council. (5) The council's decision to consider a docketed proposal shall not constitute a decision or recommendation that the proposal should be adopted nor does it preclude later council action to add or delete an amendment for consideration. Ordinance No. 22- Page 55 of 79 Rev 1 /22 LU Section 23. FWRC 19.80.170 is hereby amended to read as follows: 49.80.470 Notice. Notice provisions under this section shall be followed for the eity eetfflefl.planning commission meeting during which the docketed proposals are reviewed as well as the public hearings held by the planning commission and/or city council. (1) Contents. The director shall prepare a notice of each proposal, be held, containing the following information: (a) The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision. (b) A statement of how the proposal would change the affected provision. (c) A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal. (d) The date, time, and place of the meeting or public hearing. (e) A statement of the availability of the official file. (f) A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission and/or city council to give comments orally. (2) Distribution. The director shall distribute this notice at least 14 calendar days before the eit-y eetmeiPsplanning commission's docket prioritization meeting and at least 14 calendar days before all public hearings following the procedures of FWRC 19.80.060. In addition, the procedures of FWRC 19.75.060 shall be followed for site -specific requests regarding notification of adjacent property owners posting of the site. Ordinance No. 22- Page 56 of 79 Rev 1 /22 LU Section 24. FWRC 19.115.090 is hereby amended to read as follows: 19.115.090 District guidelines. In addition to the foregoing development guidelines, the following supplemental guidelines apply to individual zoning districts: (1) Professional office (PO), neighborhood business (BN), and community business (BC). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of- way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way; and shall incorporate windows and other methods of articulation. (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and access to other existing plaza or streetscape features. (e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined by Chapter 19.125 FWRC, shall utilize vinyl - coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. Ordinance No. 22- Page 57 of 79 Rev 1 /22 LU For residential uses only: (g) Landscaped yards shall be provided between building(s) and public street(s). Parking lots should be beside or behind buildings that front upon streets. (h) Parking lots should be broken up into rows containing no more than 10 adjacent stalls, separated by planting areas. (i) Pedestrian walkways (minimum six feet wide) shall be provided between the interior of the project and the public sidewalk. 0) Lighting fixtures should not exceed 20 feet in height and shall include cutoff shields. E Figure 16 - FWRC 19.115.090(1) (k) Principal entries to buildings shall be highlighted with plaza or garden areas containing planting, lighting, seating, trellises and other features. Such areas shall be located and designed so windows overlook them. Figure 17- FWRC 19.115.090(1) Ordinance No. 22- Page 58 of 79 Rev 1 /22 LU (1) Common recreational spaces shall be located and arranged so that windows overlook them. l� i Figure 18 - FWRC 19.115.090(1) (m) Units on the ground floor (when permitted) shall have private outdoor spaces adjacent to them so those exterior portions of the site are controlled by individual households. Figure 19 - FWRC 19.115.090(1) (n) All new buildings, including accessory buildings such as carports and garages in PO and BN zones only, shall appear to have a roof pitch ranging from at least 4:12 to a maximum of 12:12. Figure 20 - FWRC 19.115.090(1) (o) Carports and garages in front yards should be discouraged. Ordinance No. 22- Page 59 of 79 Rev 1 /22 LU (p) Building facades that exceed 120 feet in length and are visible from an adjacent residential zone, right-of-way, public park, or recreation area shall incorporate a significant structural modulation (offset). The minimum depth of the modulation shall be approximately equal to 10 percent of the total length of the subject facade and the minimum width shall be approximately twice the minimum depth. The modulation shall be integral to the building structure from base to roofline. (q) Buildings should be designed to have a distinct base, middle and top. The base (typically the first floor) should contain the greatest number of architectural elements such as windows, materials, details, overhangs, cornice lines, and masonry belt courses. The midsection, by comparison, may be simple. (Note: single -story buildings have no middle.) The top should avoid the appearance of a flat roof and include distinctive roof shapes including but not limited to pitched, vaulted or terraced, etc. ■■ ■■ ■■ ■■ on ■ A■ M ■■ Figure 21 - FWRC 19.115.090(1) (r) Residential design features, including but not limited to entry porches, projecting window bays, balconies or decks, individual windows (rather than strip windows), offsets and cascading or stepped roof forms, shall be incorporated into all buildings. Window openings shall have visible trim material or painted detailing that resembles trim. (s) Subsection (1)(n) of this section shall apply to self-service storage facilities. Ordinance No. 22- Page 60 of 79 Rev 1 /22 LU (2) Office park (OP), , and commercial enterprise (CE). (a) Surface parking may be located behind the building, to the side(s) of the building, or adjacent to the right-of-way; provided, however, that parking located adjacent to the right-of- way maximizes pedestrian access and circulation pursuant to FWRC 19.115.050(4). (b) Entrance facades shall front on, face, or be clearly recognizable from the right-of-way. (c) Building entrances shall be architecturally emphasized and shall incorporate transparent glass. (d) Ground floor entrances to retail sales or services shall incorporate plaza features or furnishings, and/or streetscape amenities, in a context -sensitive amount and combination, considering the scale of the retail use(s) and entrance(s) to the overall building or development, and the proximity and accessibility from the building to other existing plaza or streetscape features. (e) Ground -level mirrored or reflective glass is not allowed adjacent to a public right-of-way or pedestrian area. (f) If utilized, chain -link fences visible from public rights -of -way or adjacent properties, and not screened by Type I landscaping as defined in Chapter 19.125 FWRC, shall utilize vinyl - coated mesh, powder -coated poles, dark color(s), and architectural element(s) such as pole caps and/or decorative grid pattern. For non -single-family residential uses only: (g) Subsections (1)(g) through (r) of this section shall apply. (3) City center core (CC-C) and city center frame (CC-F). Ordinance No. 22- Page 61 of 79 Rev 1 /22 LU (a) The city center core and frame contain transitional forms of development with surface parking areas. However, as new development or redevelopment occurs, the visual dominance of surface parking areas shall be eliminated or reduced. Therefore, parking shall be located behind building(s), with building(s) located between rights -of -way and the parking area(s), or in structured parking, and any parking located along a right-of-way is subject to the following criteria: (i) In the city center core, surface parking and driving areas may not occupy more than 25 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. (ii) In the city center frame, surface parking and driving areas may not occupy more than 40 percent of the project's linear frontage along principal pedestrian right(s)-of-way, as determined by the director. (iii) A greater amount of parking and driving area than is specified in subsections (3)(a)(i) and (ii) of this section may be located along other rights -of -way; provided, that the parking is not the predominant use along such right-of-way, as determined by the director. (b) Principal entrance facades shall front on, face, or be clearly recognizable from the right- of-way, and/or from the principal pedestrian right-of-way, as determined by the director, for projects exposed to more than one right-of-way. (c) Building facades shall incorporate a combination of facade treatment options as listed in FWRC 19.115.060(2) and (3)(b), to a degree that is appropriate to the building size, scale, design, and site context, and according to the following guidelines: Ordinance No. 22- Page 62 of 79 Rev 1 /22 LU (i) Principal facades containing a major entrance, or located along a right-of-way, or clearly visible from a right-of-way or public sidewalk, shall incorporate a variety of pedestrian -oriented architectural treatments, including distinctive and prominent entrance features; transparent glass such as windows, doors, or window displays in and adjacent to major entrances; structural modulation where appropriate to break down building bulk and scale; modulated rooflines, forms, and heights; architectural articulation; canopies; arcades; pedestrian plazas; murals or other artwork; and streetscape amenities. At least 40 percent of any ground level principal facade located along a right-of-way must contain transparent glass. Landscaping shall be used to define and highlight building entrances, plazas, windows, walkways, and open space, and may include container gardens, wall and window planters, hanging baskets, seasonal beds, trellises, vines, espaliered trees and shrubs, and rooftop gardens. Landscaping should not block views to the building or across the site. Foundation landscaping may be used to enhance but not replace architectural treatments. (ii) Secondary facades not containing a major building entrance, or located along a right- of-way, or clearly visible from a right-of-way or public sidewalk, may incorporate facade treatments that are less pedestrian -oriented than in subsection (3)(c)(i) of this section, such as a combination of structural modulation, architectural articulation, and foundation landscaping. (iii) Principal facades of single -story buildings with more than 16,000 square feet of gross ground floor area shall emphasize facade treatments that reduce the overall appearance of bulk and achieve a human scale. This may be accomplished through such design Ordinance No. 22- Page 63 of 79 Rev 1 /22 LU techniques as a series of distinctive entrance modules or "storefronts" framed by projecting, offset rooflines, and/or a major pedestrian plaza adjacent to the entrance. (d) Pedestrian pathways shall be provided from rights -of -way, bus stops, parking areas, and any pedestrian plazas and public space to primary building entrances. Where a use fronts more than one right-of-way, pedestrian access shall be provided from both rights -of -way, or from the right-of-way nearest to the principal building entrance. Multiple -tenant complexes shall provide pedestrian walkways connecting all major business entrances on the site. Pedestrian pathways shall be clearly delineated by separate paved routes using a variation in color and texture, and shall be integrated with the landscape plan. Principal cross -site pedestrian pathways shall have a minimum clear width of six feet in the city center frame, and a minimum clear width of eight feet in the city center core, and shall be protected from abutting parking and vehicular circulation areas with landscaping. (e) Drive -through facilities and stacking lanes shall not be located along, or in conjunction with, a building facade that faces or is clearly visible from a right-of-way, public sidewalk, or pedestrian plaza. Such facilities shall be located along other, secondary facades, as determined by the director, and shall meet the separation, screening, and design standards listed in FWRC 19.115.050(7)(b)(ii), (iii), and (iv). (f) Above -grade parking structures with a ground level facade visible from a right-of-way shall incorporate any combination of the following elements at the ground level: (i) Retail, commercial, or office uses that occupy at least 50 percent of the building's lineal frontage along the right-of-way; or (ii) A 15-foot-wide strip of Type III landscaping along the base of the facade; or Ordinance No. 22- Page 64 of 79 Rev 1 /22 LU (iii) A decorative grille or screen that conceals interior parking areas from the right-of- way. (g) Facades of parking structures shall be articulated above the ground level pursuant to FWRC 19.115.060(3)(a). (h) When curtain wall glass and steel systems are used to enclose a building, the glazing panels shall be transparent on 50 percent of the ground floor facade fronting a right-of-way or pedestrian area. (i) Chain -link fences shall not be allowed. Barbed or razor wire shall not be used. 0) For residential uses, subsections (1)(g) through 0), (1), (m), (o), (q), and (r) of this section shall apply. (4) For all residential zones. (a) Nonresidential uses. Subsections (1)(g) through (k) and (n) through (r) of this section shall apply. (b) Non -single-family residential uses except for zero lot line townhouse residential uses and attached dwelling units. Subsections (1)(g) through (r) of this section shall apply. (c) Zero lot line townhouse residential uses and attached dwelling units. Subsections (1)0), (1) through (o), and (r) of this section shall apply. Section 25. FWRC 19.125.060 is hereby amended to read as follows: 19.125.060 Landscaping requirements by zoning district. (1) Suburban Estates, SE. (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the SE zoning district, except as provided in FWRC 19.125.070. (2) Single -Family Residential, RS. Ordinance No. 22- Page 65 of 79 Rev 1 /22 LU (a) Type III landscaping 10 feet in width shall be provided along all property lines of nonresidential uses in the RS zoning districts, except as provided in FWRC 19.125.070. (3) Multifamily Residential, RM. (a) Type III landscaping 20 feet in width shall be provided along all public rights -of -way and ingress/egress easements, except for zero lot line townhouse and small lot detached development, which shall be required to provide Type III landscaping 10 feet in width along all arterial rights -of -way. Said landscaping shall be in a separate tract and shall be credited to the common open space requirement. (b) Type II landscaping 20 feet in width shall be provided along the common boundary abutting single-family zoning districts, except for zero lot line townhouse and small lot detached development. (c) Type III landscaping 10 feet in width shall be provided along all perimeter lot lines, except as noted in subsections (3)(a) and (b) of this section and except for zero lot line townhouse and small lot detached development. (4) Professional Office, PO. (a) Type III landscaping eight feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 10 feet in width shall be provided along all perimeter property lines abutting a residential zoning district except for schools which shall provide 10 feet of Type II. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (4)(a) and (b) of this section. (5) Neighborhood Business, BN. Ordinance No. 22- Page 66 of 79 Rev 1 /22 LU (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width along all perimeter lot lines except as noted in subsections (5)(a) and (b) of this section. (6) Community Business, BC. (a) Type III landscaping five feet in width shall be provided along all properties abutting public rights -of -way and ingress/egress easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (6)(a) and (b) of this section. (7) City Center, CC. (a) Type III landscaping five feet in width shall be provided along the perimeter of parking areas abutting public rights -of -way. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines except as noted in subsections (7)(a) and (b) of this section, except that landscaping is not required along perimeter lot lines abutting rights -of -way, where no required yards apply pursuant to Chapter 19.225 FWRC. (8) Office Park, OP; . Ordinance No. 22- Page 67 of 79 Rev 1 /22 LU (a) Type III landscaping 10 feet in width shall be provided along all property lines abutting public rights -of -way and access easements. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of property abutting a residential zoning district. (c) Type III landscaping five feet in width shall be provided along all perimeter lot lines, except as noted in subsections (8)(a) and (b) of this section. (9) Commercial Enterprise, CE. (a) Type III landscaping five feet in width shall be provided along all property lines abutting public rights -of -way and access easements, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. (b) Type I landscaping 15 feet in width shall be provided along the perimeter of the property abutting a residential zoning district, except industrial uses shall provide Type I landscaping 25 feet in width along such property lines. (c) Type III landscaping five feet in width shall be provided along the perimeter of the property abutting a nonresidential zoning district, except industrial uses shall provide Type II landscaping 10 feet in width along such property lines. Section 26. FWRC 19.125.130 is hereby amended to read as follows: 19.125.130 Electrified fences. Electrified fences are not permitted, except te—eentaixlafge deffiestic anifflalsas specifically permitted by this Chapter. All electric fences and appliances, equipment and materials used in connection with an electrified fence must be listed or labeled by a qualified testing agency and shall be installed in accordance with manufacturer's specifications. All electric fences shall be posted with permanent signs, which are a minimum of 36 square inches Ordinance No. 22- Page 68 of 79 Rev 1 /22 LU in area, at intervals of 15 feet along the fence stating that the fence is electrified. The permitted location of and standards for electrified fences are is --as follows: (1) Electrified fences separating agricultural uses and intended to contain large domestic animals may be located anywhere on the subject property, including on the property line. (2) Electrified fences in the Commercial Enterprise (CE,) zone are permitted only in conjunction with the following uses: Manufacturing and production, general; Warehouse — Distribution — Storage facilities — Truck stops — Automotive emissions testing facilities; Hazardous waste treatment and storage, Chemical manufacturing — Gravel batch plant — Transfer station; Vehicle, boat, equipment, and outdoor storage container sales, rental, service, repair — Self-service storage — Tow and taxi lots; Public utility; and, Government facilities, public parks, public transit shelter. (3) Electrified fences are permitted in all zones in conjunction with Governmental facility (24) Other than as stated in subsection (1) of this section, an electrified fence must meet the following requirements, or equivalent standards, as determined by the director: La2be located at least 4-96 inches inside of another wood fence or solid wall at least 6 feet in heght if the electrified fence is within 20 feet of any property line-- (b) be no taller than ten (10) feet in height; (c) be constructed or installed in conformance with industry standards; (c) be energized not to exceed 12 volts DC; and, (d) provides safe access for emergency responders. Section 27. FWRC 19.195.180 is hereby amended to read as follows: 49.195.180 Accessory dwelling units. The following uses shall be permitted in the suburban estate (SE) zone subject to the regulations and notes set forth in this section: Ordinance No. 22- Page 69 of 79 Rev 1 /22 LU USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required SE Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES b Accessory dwelling None See 30 10 10 See 30 ft. 1 1. An accessory dwelling unit (ADU) shall meet the definition outlined in unit (ADU) in single- note ft. ft. ft. note 2 above parking FWRC 19.05.010. Minimum lot size for ADUs is based upon the minimum family residences 1 average space lot size for the existing primary dwelling unit as set forth in building FWRC 19.195.010. elevation 0 when 2. Only one ADU may be created per subject property. The ADU, within accessory structures and the primary dwelling unit together shall not % mile exceed the maximum lot coverage prescribed in FWRC 19.195.010. of major 3. An ADU shall be designed so that, to the degree reasonably feasible, transit the appearance of the building remains that of a single-family residence. stow The design and size of an ADU and the primary dwelling unit shall conform to all applicable standards in the zoning, building, plumbing electrical, mechanical, fire, health, and any other applicable codes, as required for any new construction. All ADUs and primary dwelling units shall also meet the minimum standards of the Uniform Housing Code. Certification by appropriate utility providers of availability of sufficient water, sewer and/or septic services to the proposed ADU, must be provided as part of the application. 4. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 5. FWRC 19.265.010 contains regulations regarding home occupations and other accessory uses, facilities and activities associated with this use. Home occupations are not allowed in an ADU. 6. ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one entrance is allowed on the front of the residence. USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required SE Review Lot Lot Height of Parking Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES � b 7. The property owner, must reside in either the primary dwelling unit or ADU for six months or more of each calendar year, and at no time receive rent or other compensation for the owner -occupied unit. 8. The ADU, excluding any garage, workshop and similar nonliving areas, shall contain between 300 — 800 sq. ft., but shall not exceed 40% of the sq. ft. of the primary dwelling unit, excluding garage, workshop and similar nonliving areas. The unit shall have no more than two bedrooms. 9. No more than one single housekeeping unit may occupy an ADU. 10. Application for an ADU permit shall be made to the department of community development services in accordance with the permit procedures adopted by the department, and shall include a letter of application from the owner(s) stating that the owner(s) shall occupy one of the dwelling units on the premises, except for bona fide temporary absences, for six months or more of the calendar year. An ADU application shall also be filed as a deed restriction with the King County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this Code. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the department of community development services for recording at the department of records and elections, or may occur as a result of an enforcement action. 11. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 12. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7), Ordinance No. 22- Page 70 of 79 Rev 1 /22 LU USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required SE Review Lot Lot Height of Parking Process Size Front(each)RearCoverageStructure Side Spaces USE REGULATIONS SPECIAL REGULATIONS AND NOTES b 13. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. Process I, II, III and IV are described in For other information about parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, For details of what may exceed this height limit, see FWRC 19.110.050 et Chapter 19.70 FWRC seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 28. FWRC 19.200.180 is hereby amended to read as follows: 19.200.180 Accessory dwelling units. The following uses shall be permitted in the single-family residential (RS) zone subject to the regulations and notes set forth in this section: USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums yONg Required Yards Required Required RS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Spaces USE REGULATIONS (each) ( SPECIAL REGULATIONS AND NOTES ❑ ❑ Accessory dwelling unit (ADU) in None See In RS 35.0 zones: See 30 ft. 1 1. An accessory dwelling unit (ADU) shall single-family residences note 1 note 2 above parking meet the definition outlined in 20 ft. 10 ft. 10 ft. average space FWRC 19.05.010. Minimum lot size for building ADUs is based upon the minimum lot size Otherwise: elevation 0 when for the existing primary dwelling unit as within set forth in FWRC 19.200.010. 20 ft. See 5 ft. 2. Only one ADU may be created per % mile note 4 subject property. The ADU, accessory of a major structures and the primary dwelling unit transit together shall not exceed the maximum stop lot coverage prescribed in FWRC 19.200.010 as follows: a. In RS 35.0 = 50%. b. In RS 15.0 = 50%. c. In RS 9.6=60%. d. In RS 7.2 = 60%. e. In RS 5.0 = 60%. f. See FWRC 19.110.020(2)(b) for calculation of lot coverage for flag lots. 3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence. The design and size of an ADU and the primary dwelling unit shall conform to all applicable standards in the zoning, building, plumbing electrical, mechanical, Ordinance No. 22- Page 71 of 79 Rev 1 /22 LU USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required RS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES ❑ ❑ fire, health, and any other applicable codes, as required for any new construction. All ADUs and primary dwelling units shall also meet the minimum standards of the Uniform Housing Code. Certification by appropriate utility providers of availability of sufficient water, sewer and/or septic services to the proposed ADU must be provided as part of the application. 4. Side yard setback for a corner lot for that portion of the lot not adjacent to the primary vehicular access is 10 feet, otherwise five feet. 5. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements. 6. FWRC 19.265.010 contains regulations regarding other accessory uses, facilities and activities associated with this use. Home occupations are not allowed in an ADU. 7. ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Review Process Size rocess Front USE REGULATIONS ❑ ❑ Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 1960 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. Rear Required of IParking ZONE RS PECIAL REGULATIONS AND NOTES entrance is allowed on the front of the residence. 8. The property owner must reside in either the primary dwelling unit or ADU for six months or more of each calendar year, and at no time receive rent or other compensation for the owner -occupied unit. 9. The ADU, excluding any garage, workshop and similar nonliving areas, shall contain between 300 — 800 sq. ft., but shall not exceed 40% of the sq. ft. of the primary dwelling unit, excluding any garage, workshop and similar nonliving areas. The unit shall have no more than two bedrooms. 10. No more than one single housekeeping unit may occupy an ADU. (Continued on next page) For other information about parking and parking areas, see Chapter 19.130 FWRC. Ordinance No. 22- Page 72 of 79 Rev 1 /22 LU USE ZONE CHART DIRECTIONS: FIRST, read down to find use... THEN, across for REGULATIONS Minimums Maximums Required Yards ZONE Required Required RS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES ❑ ❑ For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. USEZONECHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards Required Required Review Lot Lot Height Parking Process Size Front Side Rear Coverage Of Structure St Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES J ❑ 11. Application for an ADU permit shall be made to the department of community development services in accordance with the permit procedures adopted by the department, and shall include a letter of application from the owner(s) stating that the owner(s) shall occupy one of the dwelling units on the premises, except for bona fide temporary absences, for six months or more of the calendar year. An ADU application shall also be filed as a deed restriction with the King County department of records and elections to indicate the presence of an ADU, the requirement of owner occupancy, and other standards for maintaining the unit as described in this Code. Cancellation of an ADUs registration may be accomplished by the owner filing a letter with the department of community development services for recording at the USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums Required Yards ZONE Required Required RS Review Lot Height of Parking Process Lot Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES ❑ ❑ Process I, II, III and IV are described in Chapter 19.55 FWRC, Chapter 19.60 FWRC, Chapter 1965 FWRC, Chapter 19.70 FWRC respectively. department of records and elections, or may occur as a result of an enforcement action. 12. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 13. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7) or within cottage housing under Chapter 19.250 FWRC. 14. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. For other information about parking and parking areas, see Chapter 19.130 FWRC. For details of what may exceed this height limit, see FWRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.160 et seq. Section 29. FWRC 19.260.055 is hereby amended to read as follows: 19.260.055 Chickens and ducks. Ordinance No. 22- Page 73 of 79 Rev 1 /22 LU This section allows limited numbers of chickens and ducks for residential lots containing less than 35,000 square feet subject to the following regulations: (1) Number of animals permitted. Any combination of four chickens and/or ducks may be kept on lots up to 34,999 square feet. Regulations associated with small domestic animals set forth in FWRC 19.260.060 apply to lots 35,000 square feet and greater. (2) Pens, structures and enclosures. A suitable pen, structure or enclosure to house the animals shall be provided and maintained in a clean condition at all times. All pens, structures and enclosures shall be set back a minimum of 10 feet from side and rear property lines and are not permitted in the area between the primary dwelling unit and the front property line. (3) Roosters. Roosters are not permitted within the city except for those lots zoned suburban • .!��re�s�re!�s�!e�stre!�s!�r�!�l�e!!ss. _ MRVIVEYMMEMMMAIMAT" M1 Ordinance No. 22- Page 74 of 79 Rev 1 /22 LU Section 30. FWRC 19.260.060 is hereby amended to read as follows: 19.260.060 Small domestic animals. Small domestic animals, as that term is defined in this chapter, may be kept on the subject property subject to the following regulations: (1) Minimum lot size. The subject property must be at least 35,000 square feet in area. (2) Maximum number of animals. No more than 20 small domestic animals may be kept on a lot containing 35,000 square feet of area. With the exception of chickens and ducks, one additional small domestic animal is permitted for each additional 500 square feet of lot area. In addition, offspring from one female are permitted at any time, until those offspring are able to live independently. (3) Pens, structures and enclosures. The applicant shall provide a suitable pen, structure or enclosure to house the animals and must maintain this structure, pen or enclosure in a clean condition at all times. Enelesiffes for- ehiekens and dtieks shall be pr-evided per- designs approved o 260 055k4). All pens, structures and enclosures must be set back at least 40 feet from each property line. (4) Limitations under certain circumstances. The city may limit the number of animals allowed to less than the maximum stated in this section if this is reasonably necessary to protect nearby uses or the city considering the following factors: (a) The proximity of the animals to dwelling units both on and off the subject property. (b) The lot size and isolation of the subject property. (c) The compatibility with surrounding uses. (d) Potential noise, pollution and other impacts. Ordinance No. 22- Page 75 of 79 Rev 1 /22 LU Section 31. FWRC 19.265.010 is hereby amended to read as follows: 49.265.040 Accessory uses, buildings, and structures. (1) Generally. As limited by this section, accessory uses, buildings, and structures normally associated with a permitted use, building, or structure are permitted as part of that use, building, or structure. Accessory uses, buildings, or structures must be clearly secondary to the permitted principal uses, buildings, or structures. (2) Authority of director. The director of community development services is authorized to determine if a particular accessory use, building, or structure is normally associated with, clearly secondary to, and actually accessory to the particular permitted principal use, building, or structure. (3) Accessory building height and square footagesi-ze limits. The height of accessory buildings and structures may not be taller than the primary building or structure regardless of the building height allowed by the zone. The total gross square footage of the accessory building must also be less than the total gross floor- area a footprint sguare footage of the principal building on the subject property, (4) Exceptions and limitations. Where more specific limitations and regulations apply under this title to particular accessory uses or structures, those limitations and regulations supersede the general statements in subsection (1) of this section. Section 32. FWRC 19.265.020 is hereby amended to read as follows: 19.265.020 Accessory dwelling units. (1) Purpose. In order to provide affordable housing to the citizens of Federal Way and in order to comply with the Growth Management Act and the Washington State Housing Policy Act, this Ordinance No. 22- Page 76 of 79 Rev 1 /22 LU section permits accessory dwelling units ("ADU") which comply with the conditions set forth in this Code. (2) Definitions. Any words, terms or phrases used in this section and which are not otherwise defined shall have the meanings set forth in Chapter 19.05 FWRC. (3) Permit requirements. Prior to constructing or operating an ADU, Oproperty owners des rg te eenstmet and4er- operate an ADU shall be r-eqtfir-ed to shall apply for and obtain an ADU permit from the department of community development sefviees, comply with all the special regulations set forth in FWRC 19.195.180 and 19.200.180, comply with all other applicable law, obtain all other necessary permits., and pay all fees in connection with such construction or operation. The application shall be accompanied by the appropriate application fee as established by the city's adopted fee schedule. The department of community development services may issue a certificate of ADU compliance on the basis of inspection(s) of the ADU, and may require corrections as appropriate under the Uniform Building Code and other applicable codes or laws. In the event the ADU does not comply with such applicable laws, the department of community development shall deny the ADU application unless the ADU is exempt pursuant to subsection (4) of this section. (4) Exemption/nonconformance. No ADU permit is required for legal nonconforming ADUs which are permitted pursuant to FWRC 19.30.140, Nonconformance. (5) Enforcement. ADUs not complying with the provisions of this section within 12 months of the effective date of adoption of the ordinance codified in this section and/or ADUs not constituting a legal nonconforming ADU pursuant to FWRC 19.30.140 are subject to the enforcement provisions of Chapter 19.10 FWRC regarding enforcement of Code violations and are subject to all other enforcement remedies available to the city by applicable law, including, Ordinance No. 22- Page 77 of 79 Rev 1 /22 LU without limitation, the requirement for the property owner to immediately abate or discontinue such ADUs. Section 33. FWRC 18.45.060 is hereby repealed in its entirety. Section 34. Severability. The provisions of this ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of the ordinance, or the validity of its application to any other persons or circumstances. Section 35. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener/clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto. Section 36. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 37. Effective Date. This ordinance shall be effective five (5) days after passage and publication as provided by law. PASSED by the City Council of the City of Federal Way this day of 2022. [signatures to follow] Ordinance No. 22- Page 78 of 79 Rev 1 /22 LU CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 79 of 79 Rev 1 /22 LU COUNCIL MEETING DATE: N/A ITEM CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PROGRESS UPDATE ON SOUND TRANSIT PROJECTS IN FEDERAL WAY POLICY QUESTION: None. COMMITTEE: Land Use and Transportation Committee MEETING DATE: April 4, 2022 CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution, ® Other STAFF REPORT BY: Ryan Medlen Sound Transit Liaison DEPT: Public Works Attachments: Staff Report Options Considered: N/A MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: .��7 N/A DIRECTOR APPROVAL: --_ Co ittte Council Initial/Date loitial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A Jack Dovey Committee Chair Jack Walsh, Committee Member Hoang Tran, Committee Member PROPOSED COUNCIL MOTION: N/A (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 2/2020 RESOLUTION # CITY OF FEDERAL WAY MEMORANDUM DATE: April 4, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor FROM: EJ Walsh, P.E., Public Works Director Ryan Medlen, Sound Transit Liaison SUBJECT: Progress Update on Sound Transit Projects in Federal Way FINANCIAL IMPACTS: None. BACKGROUND INFORMATION: Staff will present the monthly progress update on the Sound Transit projects in the City of Federal Way. Updates for this month include: Federal Way Link Extension: • Wall construction, column work, and utility work, including new storm drain lines and water line relocations, is taking place along the guideway at various sections next to I-5. • The next girder deliveries are expected as early as late April. They will be delivered to guideway bridge being constructed over Military Rd at I-5 near S 304th St. • Utility installation and relocations have started in Federal Way Transit Center on Sound Transit's property. The focus area is the immediate station vicinity as they plan to start excavation for the footings of the station building this week. Utility work along 21" Ave S may begin as early as this month as well. • Construction activity at 21 st Ave S and S 3161h St. continues. They expect to start setting the new detention vault in this area as early as this week and will then begin work on the foundation piles for the future parking garage extension. • Sound Transit staff will be at the Council study session April 51h. The expected scope of the presentation is to review Sound Transit's process for developing the future surplus property parcels around the Federal Way Link Extension station. • The Sound Transit Board is expected to take up station naming at their meeting in May. A project update email as early as late March will be sent out that includes the possible station names that Sound Transit is considering. OMF South: • No update since the March LUTC meeting. Tacoma Dome Link Extension: • No update since the March LUTC meeting.