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04-19-2022 Council Packet - RegularCITY OF I Federal Way Centered on Opportunity CITY COUNCIL REGULAR MEETING AGENDA City Hall - Council Chambers* *remote attendance option available via zoom April 19, 2022 - 6:30 p.m. 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: • Watch the meeting live via Zoom, Federal Way YouTube Channel, or FWTV Channel 21 (via Comcast) • Call in and listen to the live meeting: (888) 788-0099 or 253-215-8782 • Public Comment may be submitted in -person, via email here, or sign-up to provide live comments here • Zoom meeting code: 363 503 282 and passcode: 738163 1. CALL MEETING TO ORDER 2. PLEDGE OF ALLEGIANCE 3. MAYOR EMERGING ISSUES AND REPORT • Federal Way National Little League Opening Ceremony — Saturday, April 23 • Parks Appreciation Day — Saturday, April 23 9:00 a.m. to noon at the Blueberry Farm Park and West Hylebos Wetlands • African American/Black Community Quarterly Meeting — date change — Thursday, May 26 at 6:30 p.m. — City Hall • Federal Way Farmers Market Opening Day — Saturday, May 7 9:00 a.m. — South parking lot at the Commons Mall 4. PUBLIC COMMENT RULES: In accordance with State Law, the City of Federal Way prohibits any testimony regarding any campaign for election or promotion of, or opposition to, any ballot proposition during the public comment. City Council Rules of Procedure prohibit any personal, impertinent, threatening or slanderous remarks during public comment. The Mayor may interrupt comments that continue too long or violate the rules of conduct. No speaker may convey or donate their time for speaking to another speaker. The Mayor has the authority to preserve order at all meetings of the Council, and to cause the removal of any person from the meeting for being disorderly. All individual comments are limited to 3 minutes each. 5. PRESENTATIONS a. Update on Permanent Supportive Housing and Emergency Shelter in Federal Way — Sarah Bridgeford, Community Services Manager The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS • Parks/Recreation/Human Services/Public Safety Committee (PRHSPS) • Land Use/Transportation Committee (LUTC) • Finance, Economic Development Regional Affairs Committee (FEDRAC) • Lodging Tax Advisory Committee (LTAC) • Deputy Mayor & Regional Committees Report • Council President Report 7. CONSENT AGENDA Items listed below have been previously reviewed in their entirety by a Council Committee of three members and brought before full Council for approval; all items are enacted by one motion. Individual items may be removed by a Councilmember for separate discussion and subsequent motion. a. Minutes: April 5, 2022 Regular and Special Meeting Minutes; February 26, 2022 Council Retreat/Special Meeting Summary Minutes b. SW 320th Street Preservation - Project Acceptance c. SW 356th Street Preservation - Project Acceptance d. Final Acceptance - Steel Lake Maintenance Building Repair e. Northwest Thermal Hydronics, LLC Retainage Release f. Amendment No 2 to the Pierce Transit Extra Duty Police Services Agreement g. Acceptance of Washington Association of Sheriffs and Police Chiefs Officer Wellness Program Grant Funds h. Agreement between the Washington Traffic Safety Commission (WTSC) and the Federal Wav Police Department to Provide Grant Funding for Traffic Enforcement 8. COUNCIL BUSINESS a. Parks and Recreation Commission Appointment b. Diversity Commission Appointment c. Human Services Commission Appointment d. Lodging Tax Advisory Committee Appointment e. Historic Landmarks Commission Appointment 9. ORDINANCES First Reading a. Council Bill #821/Reckless Use of Fentanyl in Public Spaces AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO PUBLIC EXPOSURE TO FENTANYL SMOKE AND ADDING NEW SECTION TO CHAPTER 6.35 FWRC. • Staff Report: Joanna Eide, Assistant City Attorney • Public Comment — 3 minutes each The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. b. Council Bill #822/2021 Various Code Amendments & Code Cleanup 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, 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, 90-631, 92-133, 93-170, 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, 09-604, 09-605, 09-594, 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.) Staff Report: Keith Niven, Planning Manager Public Comment - 3 minutes each c. Council Bill #823/Modifications to Title 18, Subdivisions AN ORDINANCE OF THE CITY OF FEDERAL WAY, WASHINGTON, RELATING TO CODE AMENDMENTS TO TITLE 18 (SUBDIVISIONS); AMENDING FWRC 18.40.050, 18.45.040, 18.45.050, AND 18.45.070. (AMENDING ORDINANCE NOS. 7-554, 97-291, 93-191, AND 90-41) Staff Report: Keith Niven, Planning Manager Public Comment - 3 minutes each 10. COUNCIL REPORTS 11. EXECUTIVE SESSION • Collective Bargaining pursuant to RCW 42.30.140(4)(b) 12. ADJOURNMENT The City Council may add items and take action on items not listed on the agenda. Regular Meetings are recorded and televised live on Government Access Channel 21. To view Council Meetings online please visit www.cityoffederalway.com. COUNCIL MEETING DATE: April 19, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: CITY COUNCIL MEETING MINUTES POLICY QUESTION: Should the City Council approve the draft minutes for the April 5, 2022 Regular and Special Meetings and the summary minutes for the February 24, 2022 Council Retreat/Special Meeting? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk T DEPT: Mayor's Office Attachments: Draft minutes for the April 5, 2022 Regular and Special Meetings Draft summary minutes for the February 24, 2022 Council Retreat/Special Meeting Options Considered: 1. Approve the minutes as presented. 2. Amend the minutes as necessary. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: [1rA,f Awl, Committee Council iaitis fDatc Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A N/A Committee Chair N/A Committee Member PROPOSED COUNCIL MOTION: "I move approval of the minutes as presented. " (BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) N/A Committee Member COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED - 4/2019 RESOLUTION # 1. �A 3 Federal Way CITY COUNCIL REGULAR MEETING MINUTES City Hall — Council Chambers* *remote attendance option available via zoom April 5, 2022 — 6:30 p.m. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 6:32 p.m. o,f40fAP City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Susan Mayor Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call and City Clerk Stephanie Courtney. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. MAYOR EMERGING ISSUES AND REPORT • State Legislative Report State Senator Claire Wilson, State Representative Jamila Taylor, and State Representative Jesse Johnson presented a summary of the legislative session. They highlighted the strides made and funding received for the 30th District including workforce development and economic recovery. They noted $9.1 million of investment is going into the community to address behavioral health, youth programs. Funding has been secured to preserve the Camp Kilworth property which is a 25-acre property for an outdoor environmental education center. Additional funded budget requests include items supporting public Safety, court and legal services, and transportation. The State Delegation spoke to highlight the 2022 Federal Way City Council Legislative Priorities and how they intersected with funded items including $11 million in therapeutic interventions. Representative Taylor noted the state is allocating $50 million to fund resentencing, and return of legal financial obligations paid by individuals regarding the Blake Decision; those costs are not being pushed back to the local jurisdictions. Representative Johnson spoke to the clarification made regarding "Use of Force" and the added definitions of "physical force" and "deadly force": reasonable force is not Federal Way City Council Regular Minutes Page 1 of 9 April5, 2022 excessive. He provided information regarding House Bill 2037 and use of reasonable force if someone is attempting to flee, or when encountering a severe mental health issue. HB2037 allows an officer to stop someone using reasonable force if they are attempting to flee, and use of reasonable force if also allowable when encountering a severe mental health issue. Senator Wilson spoke to the importance of supporting kids, families and homeless youth and foster youth in the area of behavioral health. She referenced a statewide plan to access healthcare and additional beds for children with severe health care needs. The delegation was pleased to report the bi-partisan work on funding these needed issues for our community. Mayor Ferrell thanked Senator Wilson, Representative Taylor and Representative Johnson for their presentation. He also thanked the city contract lobbyists Luke Hedrick and Jim Esser, noting a written report has been forwarded to the Council. • Report on State and Federal Grant Opportunities for Drug Prevention and Illegal Encampment Cleanup Interim City Administrator Brian Davis provided follow-up information regarding Councilmember Norton's inquiry regarding two grants and potential opportunities for funding for drug prevention and illegal encampments. Mr. Davis reported deadline has passed for the federal grant which might pair well with the School District as it aligns with treatment options for school aged children; staff will continue to monitor for a potential 2023 opportunity. He further reported the state grant, though the Department of Ecology, for encampment cleanup has yet to release an application. Staff will also continue to monitor. The Mayor thanked Mr. Davis for the report and Councilmember Norton for bringing these grants to the attention of staff. • General Updates Mayor Ferrell reported he attended The Mayors' Concert for Ukraine & Refugees Worldwide with the Seattle Symphony at Benaroya Hall on Monday, April 4. He was pleased to attend along with thirty-four mayors in the region. Donations can be made at SeattleRefugeeFund.org which benefits Ukraine and Refugees Worldwide. He thanked Fred Meyer for hosting the Diaper Drive for the second year in a row. The event collected 10,659 diapers and 6,624 wipes with the support of Michael Williamson and his team at Fred Meyer, Councilmembers and employees who volunteered their time. He thanked Cheryl Hurst and Do the Right Thing for another incredible success. 4. PUBLIC COMMENT Alexandre Milsten, a Federal Way student, provided his comments and thoughts on city zoning policies. Geoffrey Tancredi, 25-year resident opposes any mobile van that distributes drugs. He believes treatment should be tracked and monitored closely through a treatment facility. Federal Way City Council Regular Minutes Page 2 of 9 April5, 2022 Mayor Ferrell asked Community Development Director and Interim City Administrator Brian Davis provide information on this issue. Following Mr. Davis' comment, the Mayor offered Senator Claire Wilson the opportunity to speak on this issue. Ron Hamblin, 32-year resident, spoke in concern regarding fence height and line of sight to a neighboring property. He provided photos for the Council to review. Susan Strong, 40-year resident, provided her thoughts regarding methadone and believes there are better options than a mobile van 6-days a week. Mark Czaplewski, resident, shared personal stories of his youth and his poor choices. He shared his belief knowing consequences curbed him from greater wrongdoing. He is opposed to a mobile methadone van. Lamont Styles, 20-year resident, is solution -oriented and he believes in order to help the drug addiction epidemic you need to tap into why people are doing drugs. He would like to see more support for the youth and provided information on his business, which provides scholarships based on essay applications. Elizabeth Serredio, 20-year resident, believes crime has grown exponentially. She is concerned for the shoplifting and the drug addicted homeless. She questioned if the eastside is also siting hotels for the homeless and does not support a mobile methadone clinic. Jim Ross, 62-year resident, requested print outs of presentations which are difficult to read on screen during the meeting. He expressed displeasure regarding shopping carts all over town and is opposed to allowing a methadone van in the city. John Wilde does not support a mobile Methadone clinic. He asked the Council to listen and support the police and the homeowners, and not just the people that need treatment. Anna Patrick provided her thoughts comparing the homelessness issue to a fast spreading cancer. She does not support the disparity between programs that are pushed on South King County and not found on the eastside. She is opposed to allowing a mobile methadone van and would like to see a regional approach to these issues before it continues to spread. Paul McDaniel, over 20-year resident, shared concerns regarding state legislation that passed hindering law enforcement while garbage, shopping carts and drug addicts litter the streets. He is opposed to allowing a mobile methadone van, and would like the politicians to have the residents' best interests in mind. Nam Justice spoke in opposition to allowing a mobile methadone clinic. She would like to hear more about solutions and how to cut down the criminal element. She understands methadone is not a cure but instead a life-long treatment and feels there are better alternatives. Jane Sidlo shared concerns from the Land Use Committee and believes the City Council should be involved in plat approvals and not delegate their authority. She is concerned with the methadone van and the involvement by Senator Wilson and King County. Jacquelyn Co le , city resident, shared feeling consistently caught off -guard by copious amounts of legislation pushed on residents such as HB1220. She would like to see more mentor programs for youth and is frustrated by the lack of response she has received from King County Federal Way City Council Regular Minutes Page 3 of 9 April5, 2022 regarding RCP. She is tired of being blind -sided. Ken Bievens shared his frustration from legislation that has been passed at the state level allowing lawlessness and the decriminalization of drugs. He would like to a see theft of retail shopping carts prosecuted and provided suggestions to aid in this process. He would like to see more solutions. Dara Mandeville shared her frustration that state representatives voted against the police and the city remains unsafe. She researched methadone clinics and shared the information she gathered after speaking with local providers. She urged opposition to the mobile methadone van. She also shared concerns with shopping cart theft in the city and provided a report on recent citizen clean-up effort. Kevin Morris is tired of Federal Way being the Sanitation Department of King County. He asked the Council to listen to what everyone has said tonight. Barbara Kuehne; 5-year resident, feels the city has deteriorated and is frustrated by seeing people sleeping on sidewalks and bus stops. She shared concerns that young children witness this and it will become the next generations normal. Denise Yun shared her personal experience of trauma and domestic violence. She thanked the police who saved her life and spoke to getting her life back on track. She also shared her experience as a detox nurse, and asked the city to identify the number of people who need services. Lynne Moore provided written comments supporting finding options for unhoused individuals. Helen Kubik provided written comments noting the difference between condominium complexes and apartment complexes. All written comments were forwarded to the Mayor and Council prior to the meeting. At 8:22 p.m. Mayor Ferrell announced the Council would take a brief recess for approximately 10 minutes. The meeting was reconvened at 8:34 p.m. 5. PRESENTATIONS a. Proclamation: Sexual Assault Awareness Month/April 2022 Deputy Mayor Honda read and presented the proclamation to Matty Nelson, King County Sexual Assault Resource Center (KSCARC). Ms. Nelson is a Federal Way resident and thanked the Mayor and Council for this acknowledgement. She provided information on advocacy in King County and Federal Way noting they had served over 5,000 people in 2021. She is thankful for the collaboration with the Police and Law Departments and connecting survivors to services. b. South King County Community Impact Fund Update Sam Cho, Port of Seattle Commissioner thanked the Mayor and Council for allowing this presentation highlighting the Community Impact Fund. He highlighted the Korean - American Association and the community garden project which has received funding. Andy Gregory, Senior Program Manager Community Engagement and [lays Aden, Federal Way City Council Regular Minutes Page 4 of 9 April5, 2022 Environmental Program Coordinator shared updates on funded projects, awarding 18 organizations just shy of $690,000 in funding to programs in the Airport Communities. Mayor Ferrell thanked the Port for the presentation. c National League of Cities (NLC) Conference Report Council President Kochmar, Deputy Mayor Honda and Councilmember Assefa-Dawson reported on their recent visit to Washington DC to lobby for the city and attend the National League of Cities Annual Conference. Council President Honda reported the priorities they lobbied included broadband funding, senior banking and technology, and a $2 million allocation for turf fields at Celebration Park. Councilmember Assefa-Dawson reported on her choice of classes at the conference which provided training on homelessness and affordable housing. She noted this is a common issue for cities across the nation and it was valuable to hear ideas from other cities looking towards a regional response. Deputy Mayor Honda reported on training related to ARPA and Economic Development. She enjoys networking with other cities across the nation and noted there was a large contingent from King County jurisdictions in attendance. She thanked Economic Development Director Tim Johnson for his guidance and connections while in DC. 6. COUNCIL COMMITTEE AND REGIONAL COMMITTEE REPORTS Parks/Recreation/Human Services/Public Safety Committee (PRHSPS): Chair Walsh reported the next meeting is April 12 at 5:00 p.m. Land Use/Transportation Committee (LUTC): Chair Dovey reported the next meeting is May 2; he noted items discussed on the Committee meeting last night which will be forwarded to the next Council meeting. Finance, Economic Development Regional Affairs Committee (FEDRAC): Chair Tran reported on the previous meeting held on March 22 and the items on tonight's agenda for final review and approval. He noted the next meeting will be April 26 at 5:00 p.m. Lodging Tax Advisory Committee (LTAC): Councilmember Assefa-Dawson noted the city has not received a response regarding hosting the Invictus Games. She also stated there are currently two vacancies on the LTAC and would like a representative from LTAC be invited to the interview panel for the Economic Development Manger interviews. She stated there is not currently a Committee scheduled due to lack of a quorum. Deputy Mayor and Regional Committees Report: Deputy Mayor Honda encouraged Councilmembers review ARPA funding requests, and noted she was told the Federal Way School District received $42M in ARPA funding. She reported on her attendance at various regional meetings including the Seattle -King County Board of Health, Korean Quarterly Meeting, K4C Meeting, KCSARC meeting, and AWC training. She reported the Senior Advisory Commission is working on a Wellness Fair scheduled for May 2023. Council President Report: Council President Kochmar like to see a review of shopping carts on the next Parks Committee agenda; and also requested a report on the Extended Stay Hotel. She noted her excitement to hear Dick's Drive -In is planning on locating in the city. Federal Way City Council Regular Minutes Page 5 of 9 April 5, 2022 7. CONSENT AGENDA a. Minutes: March 15, 2022 Regular Meeting Minutes b. Monthly Financial Report — February 2022 c. A/P Vouchers 02/16/2022 - 03/15/2022 & Payroll Vouchers 02/01 /2022-02/28/2022 d. 2022 Highline College Small Business Development Center (SBDC) Interagency Agreement e. Spectra Venue Management 2021 Incentive Fee COUNCIL PRESIDENT KOCHMAR MOVED APPROVAL OF CONSENT AGENDA ITEMS A-E AS PRESENTED; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed unanimously as follows: Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmember Dovey yes Councilmember Norton yes 8. COUNCIL BUSINESS a. Assessment Lien for Abatement at 30601 1 st Place SW Code Compliance Officer Curtis Moser presented information and the history of the property located at 30601 1st Place SW, noting the city previously cleaned up this property in 2020 and filed a lien. The property, as depicted in the photos provided, was out of compliance again and after repeated attempts with the property owner and occupants, the city abated the property in the amount of $4,320.34. Mr. Moser provided a breakdown of the costs incurred. Council thanked Mr. Moser for his presentation and asking clarifying questions on if the occupants were offered services and when/if the first, and larger lien, would be paid. Community Development Director Brian Davis noted the property owner is now deceased and if the property tax is not paid, the property would be foreclosed, all liens would be satisfied upon the sale of the property. Mr. Moser noted SOU offered services to the multiple occupants of the home, and all services were declined. City Attorney Call clarified the city is obligated to attempt to collect this debt. COUNCILMEMBER DOVEY MOVED APPROVAL OF THE PROPOSED TAX LIEN IN THE AMOUNT OF $4,320.34 on PROPERTY LOCATED AT 30601 1ST PLACE SW; SECOND BY COUNCILMEMBER WALSH. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes b. Grant Acceptance of $10,000 from King County for a Veterans Committee Project to Recognize Gold Star Families Federal Way City Council Regular Minutes April5, 2022 Page 6 of 9 Steve McNey, Intergovernmental & Public Affairs Officer provided a brief background and details on this grant opportunities from King County and County Councilmember Pete von Reichbauer. This grant will be utilized by the city's Veterans Committee for a recognition of Gold Star Families. COUNCIL PRESIDENT KOCHMAR MOVED TO APPROVE ACCEPTANCE OF THE $10,000 GRANT FROM KING COUNTY FOR A VETERANS COMMITTEE PROJECT TO RECOGNIZE GOLD STAR FAMILIES; SECOND BY DEPUTY MAYOR HONDA. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes c. Grant Acceptance of $100,000 from King County for a Grant Program for Small Business and Community Groups Impacted by COVID-19 Steve McNey, Intergovernmental & Public Affairs Officer noted this second grant from King County and County Councilmember Pete von Reichbauer in the amount of $100,000. This grant will assist small businesses in recovery due to impacts of COVID, either due to closures or reduction in business. The funds need to be used by the end of this year. Mr. McNey reported a proposed program will come back to Council to determine how to allocate the funds. COUNCIL PRESIDENT KOCHMAR MOVED TO APPROVE ACCEPTANCE OF THE $100,000 GRANT FROM KING COUNTY FOR SMALL BUSINESS AND COMMUNITY GROUPS IMPACTED BY COVID- 19 PANDEMIC; SECOND BY COUNCILMEMBER TRAN Council would like to be included in the scope of work; it was suggested a scope of work go through FEDRAC to be discussed. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes d. Appointment of Senior Advisory Commissioner —Alternate to Voting Member Deputy Mayor Honda noted due to resignation of a Commissioner the current recommendation is to move an alternate member, previously interviewed, to a voting position to fill the unexpired term. DEPUTY MAYOR HONDA MOVED TO APPOINT TAMMY DZIAK AS A VOTING MEMBER OF THE SENIOR ADVISORY COMMISSION FOR A TERM TO EXPIRE AUGUST 31, 2024; SECOND BY COUNCILMEMBER DOVEY. The motion passed unanimously as follows: Council President Kochmar yes Deputy Mayor Honda yes CouncilmemberAssefa-Dawson yes Councilmember Norton yes Federal Way City Council Regular Minutes April5, 2022 Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Page 7 of 9 e. Resolution: City of Federal Way Investment Policy/APPROVED RES. NO. 22-827 Finance Director Steve Groom presented information which was also presented at the Finance Committee meeting (FEDRAC) regarding updating the city's Investment Policy. Mr. Groom noted the purpose of the policy is to provide City Council guidance to staff, assure taxpayers of safety, and document an increasingly well -managed city. He provided detailed information as to where the investments are and the safekeeping measures in place. Primary investments are U.S. Treasuries, Agencies, State of Washington Local Government Investment Pool (LGIP), and Corporate Notes. Director Groom will provide a monthly report to Council and Auditors compare activity to policy for review. Councilmembers thanked Mr. Groom for the report and asked clarifying questions regarding how much of a reduction in the LGIP is anticipated and if there is a commission or transaction fee included. Council President Kochmar stated she is uncomfortable with this as the revenue for next year is unknown; she stated she would be recusing herself from this vote. COUNCILMEMBER TRAN MOVED APPROVAL OF THE PROPOSED RESOLUTION; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 5-1; Kochmar recused, Norton no. Council President Kochmar recused Deputy Mayor Honda yes Councilmember Assefa-Dawson yes Councilmember Norton no 9. COUNCIL REPORTS Councilmember Assefa-Dawson had no report. Councilmember Tran yes Councilmember Walsh yes Councilmember Dovey yes Councilmember Norton asked if a study session is planned for an ARPA discussion. Interim City Administrator Brian Davis noted a discussion is a good idea and he will forward the list of requests to Council. He suggested including the new Economic Development Manager, once that position is filled. Councilmember Tran had no report. Councilmember Walsh noted Saturday, April 23 is Parks Appreciation Day and encouraged everyone to come and help out at the Blueberry Farm Park and the Hylebos Wetlands Park. He suggested wearing work clothes and bringing tools or equipment to work alongside other volunteers and Councilmembers to shine up these parks. He supports a shopping cart discussion at the May Parks Committee Meeting (PRHSPS). COUNCIL PRESIDENT KOCHMAR MOVED TO EXTEND THE MEETING PAST 10:00 P.M.; SECOND BY COUNCILMEMBER ASSEFA-DAWSON. The motion passed 6-1 as follows; Norton no. Council President Kochmar yes Councilmember Tran yes Deputy Mayor Honda yes Councilmember Walsh yes Councilmember Assefa-Dawson yes Councilmemberpovey yes Councilmember Norton no Federal Way City Council Regular Minutes Page 8 of 9 April 5, 2022 Councilmember Dovey reported he received a petition of 260 signatures regarding 376th Way and Milton Road concerns; he will work with staff to add this item to a Land Use Committee agenda so staff can brief Council on the issue. Deputy Mayor Honda reported the South King County Tool Library is holding a Repair Cafe on Saturday beginning at 10:00 a.m. She noted there are wonderful "fixers" in attendance who can repair nearly anything. She further reported the Federal Way Soroptimist luncheon fundraiser will be April 23 and a drive -up event; you can pre -order one of two lunch choices for pick-up at Heritage Bank following the Parks Appreciation Day. She thanked Police Officers for what they do to keep everyone safe and noted it has been difficult for law enforcement over the last few weeks. Council President Kochmar had no report. 10. EXECUTIVE SESSION a Cale or L oases of Rraper4y Pursuant „nt to RCVV 4 2.30.41-0(1)4c) - canceled 11. ADJOURNMENT There being nothing further on the agenda; the regular meeting was adjourned at 10 :03 p.m. Attest: Stephanie Courtney, CIVIC City Clerk Approved by Council: Federal Way City Council Regular Minutes Page 9 of 9 April 5, 2022 CIT VZ�A:�161 Federal Way CITY COUNCIL SPECIAL MEETING MINUTES City Hall — Council Chambers* *remote attendance available via zoom April 5, 2022 — 5:00 p.m. 1. CALL MEETING TO ORDER Mayor Ferrell called the meeting to order at 5:00 p.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Susan Mayor Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: Interim City Administrator Brian Davis, City Attorney Ryan Call, and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. STUDY SESSION — FEDERAL WAY TRANSIT CENTER LIGHT RAIL STATION SURPLUS PROPERTY Ryan Medlen, City Liaison to Sound Transit, provided a background regarding the Federal Way station and outlined the topics which would be covered. He provided an introduction of Jordan Rash, Senior Project Manager who would be providing the bulk of the presentation. Senior Project Manager Jordan Rash acknowledged his colleagues he anticipates to be in attendance including Mara D'Angelo, Transit -Oriented Development Manager; Thatcher Imboden, Land Use Planning & Development Director; Jemae Hoffman, Manager — Light Rail Development; Nathan Galer, Construction Manager — FWLE; and Katie Drewel, Government and Community Relations Officer. Mr. Rash provided an explanation of surplus property and how it relates to Transit -Oriented Development (TOD). He noted Sound Transit acquires property to stage equipment during the construction. Once construction is completed and the excess property is no longer needed the Sound Transit Board can designate it as surplus property. Transit -Oriented Development refers to high density, pedestrian and cyclist -friendly development with a mix of uses to meet daily needs. He provided definitions for Operations Footprint, Construction Footprint and Community TOD and explained how they intersect. Mr. Rash also provided the state statute regarding surplus property (RCW 81.112.350) which relates to affordable housing requirements, and further outlined the Sound Transit Equitable TOD Policy and Goals. Federal Way City Council Special Minutes Page 1 of 2 April 5, 2022 Mr. Rash provided multiple examples including Senior City in Federal Way located adjacent to the Federal Way Transit Center garage. This was Sound Transit's first TOD project and included 62 units of affordable senior housing. Mr. Imboden and Mr. Rash lead a discussion on the TOD opportunities at the Federal Way Transit Center, noting the 2019 agreement between the city and Sound Transit outlines coordination on redevelopment of future surplus property at FWTC with a mixed-use/mixed- income approach consistent with Sound Transit Equitable TOD Policy and City vision for compact, mixed income, and walkable urban center. The 2021 updated design and layout includes between five to six acres of surplus property, four to five pad sites, and additional surplus may provide additional opportunities. Mr. Rash noted the next steps include the traffic study targeted for completion in May and a TOD feasibility study and community engagement to follow. Council thanked Mr. Rash and Mr. Imboden for the presentation and information. Clarifying questions were asked regarding height of development, likelihood of including condominiums in the housing mix, and if developers or tenants have been identified. Additional questions were asked regarding the Spring District example, in particular with the mix of office, market rate residential and affordable residential. Council further inquired if the properties will go back on the tax records once they are sold and if the affordable housing requirement for TOD was system -wide or per station. Council, noting Federal Way is a different market than other areas such as the eastside, explained their concern that the redevelopment is approached smartly rather than quickly redeveloping the property as all affordable housing and restated their desire for all types of housing including market -rate. Mayor Ferrell and the Council thanked Sound Transit for the briefing and also thanked Ryan Medlen, the city liaison to Sound Transit for his work. 4. EXECUTIVE SESSION a. Sale or Lease of Property Pursuant to RCW 42.30.110(1)(c) At 5:50 p.m. Mayor Ferrell announced the Council would recess to Executive Session for the purpose of evaluating Sale or Lease of Property Pursuant to RCW 42.30.110(1)(c) for approximately 30 minutes. 5. ADJOURNMENT There being nothing further on the agenda; the special meeting was adjourned at 6:13 p.m. Attest: Stephanie Courtney, CIVIC City Clerk Approved by Council: Federal Way City Council Special Minutes Page 2 of 2 April 5, 2022 CITY OF 4::I�hk Federal Way CITY COUNCIL 2022 Annual Council Retreat Summary City Hall/ Council Chambers* *remote attendance option was available via zoom February 26, 2022 — 8:30 a.m. 1. CALL TO ORDER Mayor Ferrell called the meeting to order at 8:30 a.m. City officials in attendance: Mayor Jim Ferrell, Council President Linda Kochmar, Deputy Mayor Susan Honda, Councilmember Lydia Assefa-Dawson, Councilmember Erica Norton, Councilmember Hoang Tran, Councilmember Jack Walsh, and Councilmember Jack Dovey. City staff in attendance: City Attorney Ryan Call and City Clerk Stephanie Courtney. 2. PLEDGE OF ALLEGIANCE Mayor Ferrell led the flag salute. 3. WELCOME & INTRODUCTIONS Clerk's Note: A detailed report prepared by the facilitator Andrew Ballard is attached to this summary as Exhibit A. 4. ICE BREAKERS 5. CITY COUNCIL VISION STATEMENT 6. REVIEW & REVISE TOP PRIORITIES/COUNCIL GOALS Mr. Ballard recessed the meeting at 9:53 a.m.; the meeting reconvened at 10:07 a.m. 7. PUBLIC SAFETY CONCERNS A discussion on Public Safety was led by Police Chief Andy Hwang. 8. HUMAN SERVICES A discussion on Human Services was led by Community Services Manager Sarah Bridgeford. Mr. Ballard recessed the meeting at 11:55 a.m.; the meeting reconvened at 12:24 p.m. Federal Way City Council Retreat Summary Minutes Page 1 of 2 February 26, 2022 9. COUNCIL RULES OF PROCEDURE A discussion on proposed amendments to the Council Rules was led by City Attorney Ryan Call. 10. BUDGET OVERVIEW Finance Director Steve Groom led a discussion, providing information on the city budget. Mr. Ballard recessed the meeting at 1:46 p.m.; the meeting reconvened at 1:58 p.m. 11. DOWNTOWN ECONOMIC DEVELOPMENT A discussion regarding Downtown Economic Development was led by Planning Manager Keith Niven. 12. TECH -HUB UPDATE A discussion regarding the status of becoming a Tech -Hub was led by Economic Development Director Tim Johnson. 13. WRAP-UP Closing Comments by Mayor Ferrell, Council President Kochmar, Deputy Mayor Honda and City Councilmembers. 14. ADJOURNMENT There being nothing further on the agenda; Mayor Ferrell adjourned the special meeting at 3:21 p.m. Attest: Stephanie Courtney, CIVIC City Clerk Approved by Council: Federal Way City Council Retreat Summary Minutes Page 2 of 2 February 26, 2022 EXHIBIT A City of Federal Way Council Planning Retreat Report February 26, 2022 Prepared by MARKET INGSOLUTI0NS research -based growth strategies www. m ktg-SO, EXHIBIT A Vision Below are revision recommendations for the City's current Vision Statement: Do not want to tie "ideal lifestyle" only to tech hub. Everybody's definition of "ideal lifestyle" may be different. Use "attracts" families and businesses. Remove tech hub, or put it at the end. > Use a more inclusive term instead of tech hub. We want our citizens to want to stay. Maybe include "quality of place." Or, proud to call Federal Way our home. Council 2020 Goals Revisions Goal # 1 Consider also adding reducing expenses as a b. element under the goal. a. Grants are not always sustainable. Add c. Find creative ways to reduce costs, or finding better ways of doing business. d. Incorporate inflation and recession in our conversation. — Prepare for economic challenges. — Reduce impact on our residents. Note. There is a conflict between increase and decrease. Goal # 2 > Address homelessness and drug use. c. Remove felony court (public safety). Add, increase and retain our police force. Add social workers and mental health professionals. Add work with community organizations for youth. Goal # 3 Add recruiting tech businesses to Federal Way. > Add completing broadband study with recommendation. Federal Way/Council Retreat Page : 2 EXHIBIT A Outreach to colleges, for educational opportunities, e.g. UWT, and or fund it and become the education tech hub. y Look at zoning and tax breaks. Work with the school district. Add public markets to attract our community. Goal # 4 Need to address families, not just individuals, through an outreach program for families living in cars. Proactively engage community centers to plug gaps in the safety net. Include childcare as part of the solution. > Look at prevention measures. Include coordinated entry with navigators. > Don't lump all homeless people in the same bucket —there is a difference between street people and those with home insecurity. > Look for faith -based communities as partners for solutions, that are proactive. Education programs. Prosecute related crimes. Goal #5 Remove this goal. Discussion Suggestions Public Safety Concerns (Agenda Item #7) GPS to track popular stolen cars, with ARPA funds to refund purchases. ARPA funding for businesses with broken windows. Work with Metro and Sound Transit for additional security at the end of the line, paid for by Sound Transit. Contact King County officials for help with resolutions to address Federal Way Issues Ordinance. Federal Way/Council Retreat Page' 3 EXHIBIT A Human Services (Agenda Item #8) > Discuss Human Services funding allocation for better balance. > Presentation of all funders and additional funding for Human Services. Possibly get a grant writer for Human Services. > Explore if the City wants to be a service provider. Downtown Economic Development (Agenda Item # 11) > Establish a City delegation to approach and negotiate with developers. > Review, and maybe update, zoning for downtown... such as TC3. > Establish a vision for the future of downtown. > Reach out to developers such as Point Ruston, and use them as a model. Tech -hub Update (Agenda Item # 12) > Parking garage with a hotel opportunity and retail. > Ownership of the Sound Transit property. Parking Lot > Proposition 1 tax increase to increase officers. > Council presentation on public markets. > Add nightlife so people want to live and stay. • We need more accurate data on homelessness issues. > Discuss McNeil Island as a rehabilitation center for the homeless. > Develop Faith Centered property. > New goal: Redevelop the downtown area with the Sound Transit property. > Negotiate with Sound Transit regarding jobs at OMF. > We are the only metro area locally that does not have a cemetery. > Have a study session on retreat topics. Federal Way/Council Retreat Page 14 COUNCIL MEETING DATE: April 19, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 320TH STREET PRESERVATION — PROJECT ACCEPTANCE ITEM #: 7b 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 Capital Engineer DEPT: Public Works Attachments: 1. Staff Report Options Considered: 1. Authorize final acceptance of the SW 3201` 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: COMMITTEE RECOMMENDATION: Set ►nelow. Committee Chair DIRECTOR APPROVAL: -�-� -� a� Initial/Date Walsh, Committee Member Hoang Tran, ommittee Member PROPO�D COUNCIL MOTION: "I riz a 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 ❑ DENIED ❑ TABLED/DEFERRED/NO ACTION ❑ MOVED TO SECOND READING (ordinances only) REVISED — 11/2019 v bVt +o Forwaro� Q ior1 1 COUNCIL BILL # First reading Enactment reading ORDINANCE # RESOLUTION # im +' A p Ak B9 1Consent 0-5 ndxt. '6- " CITY OF FEDERAL WAY MEMORANDUM DATE: April 4, 2022 TO: Land Use & Transportation Committee VIA: Jim Ferrell, Mayor EJ Walsh, P.E., Public Works Director FROM: John Mulkey, P.E., Senior Capital Engineer ~ SUBJECT: SW 320' Street Preservation - Project Acceptance Financial Impacts: The cost to the City for the SW 3201h 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. Back round 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 3206 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 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: SW 356T" STREET PRESERVATION — PROJECT ACCEPTANCE ITEM #: 7c 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 Mulkey, P.E., Senior Capital Engineer 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 356' 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: 7 IRECTOR APPROVAL: Cnm i re e Canr in�[ial117sIC COMMITTEE RECOMMENDATION: I move to forward Option I to the April 19, 2022 consent agenda for approval. Iac Davey, Committee Chair 1�6k alsh, Committee Member Hoang TraFj, Committee Member PROPOSED COUNCIL MOTION: "I maiW 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 EJ Walsh, P.E., Public Works Director FROM: John Mulkey, P.E., Senior Capital Engineer SUBJECT: SW 356' Street Preservation - Project Acceptance Financial Impacts:_ The cost to the City for the SW 356t1i 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 350h 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 #: % d - - -1 - - , - . . . . . . .............. 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: O tion I. MAYOR APPROVAL: _ 3 � �^�L--;V-r �'f DIRECTOR APPROVAL: - Ca Ili / �InitiaVDateIn' iaVlks /// COMMITTEE RECOMMENDATION: "I move to forward the final acceptance of the Steel Lake Maintenance Building Repair Prajec .to the April 19, 2022 consent agenda for approval." Jack DAVCommittee Chair Lack Walsh, Committee Member Huang Tran, C Whee L ROPOSED COUNCIL MOTION: "I mal✓ to accept the Steel Lake Maintenance Building Repair Project constructed by CFC Construction, LLan 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 EJ Walsh, P.E., Public Works Director =` FROM: Desire6 S. Winkler, P.E., Deputy Public Works Director 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 corner 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 #: 7e . . ......... . CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT:. 1 NORTHWEST THERMAL HYDRONICS LLC RETAINAGE RELEASE POLICY QUESTION: Should the City Council accept the project to replace the water heaters at the Federal Way Community Center (FWCC) as complete and authorize staff to release the retainage? COMMITTEE: PRHSPS MEETING DATE: April 12, 2022 CATEGORY: N Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF. REPORT BY: Jason Gerwen, Parks Deputy Director DEPT: Parks Attachments: 1. Staff Report Options Considered: 1. Approve the project to replace the water heaters at the FWCC as complete and release the retainage $2,250.00 to Northwest Thermal Hydronics, LLC. 2. Do not approve the project to replace the water heaters at the FWCC as complete and do not release the $2,250.00 retainage to Northwest Thermal Hydronics, LLC and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: r,tea" DIRECTOR APPROVAL: 1,702,7, mmi ec Cotmri � ��' Initia!!(Jaic Initial me Initial ata COMMITTEE RECOMMENDATION: "I move to forward accepting the water heater replacements at the Federal Way Community Center as complete and authorize staff to release the $2,250.00 retainage to the April 19, 2022, consent agenda for approval. " Chair Commi Committee Member PROPOSE COUNCIL MOTION: "I move approval of accepting the water heater replacements at the Federal Way CoVinunity Center as complete and authorize staff to release the $2,250.00 retainage. " (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 12, 2022 TO: City Council Members VIA: Mayor Jim Ferrell Brian Davis, Interim City Administrator FROM: Jason Gerwen, Parks Deputy Director SUBJECT: AG 21-099 Northwest Thermal Hydronics Retainage Release Financial Impacts: The remaining cost of $2,250.00 to the City for retainage release on the new water heaters installed at the Federal Way Community Center was included within the approved budget under the Federal Way Community Center, 111-7200-351-575-51-410. In accordance with the approved budget, this item is funded by General Fund. Background Information: The City solicited bids for the replacement of the Federal Way Community Center water heaters in 2021. Northwest Thermal Hydronics LLC was the lowest responsive bidder in the amount of $49,545.00, with the Retainage amount on this public work project at $2,250.00. Prior to the release of Retainage on public works projects the City must accept the work as complete to meet State Department of Revenue and Department of Labor and Industries requirements. Rev. 7/18 COUNCIL MEETING DATE: April 19, 2022 ITEM #: / f CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Amendment No. 2 to the Pierce Transit Extra Duty Police Services Agreement POLICY QUESTION: Should the City of Federal Way, Federal Way Police Department amend the agreement with Pierce Transit for extra duty police services? COMMITTEE: PRHS&PSC MEETING DATE: April 12, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Kyle Sumpter, Deputy Chief of Police DEPT: Police Department Attachments: 1. Staff Report 2. Proposed Amendment No. 2 to the Pierce Transit Extra Duty Police Services Agreement Options Considered: 1. Approve the proposed amendment. 2. Do not approve the proposed amendment and provide direction to staff. MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: DIRECTOR APPROVAL: 3/�•/s s C nmitt Pond Imttal COMMITTEE RECOMMENDATION: I move to forward the proposed Amendment to the April 19, 2022 consent agenda for approval. Committee Chair {I Committe enl er Committee Member PROPOSED COUNCIL MOTION: I move approval of the proposed Amendment and authorize Police Chief Andy Hwang to sign said Amendment. BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1s' reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2019 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 12, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Pierce Transit Extra Duty Police Services Amendment No. 2 Financial Impacts: Costs for the Pierce Transit Amendment No. 2 are reimbursed by Pierce Transit. For 2022 FWPD has increased the billing to Pierce Transit by 5.7% to cover increases for 2022 in accordance with the 2022-2024 Guild Agreement. There will be an additional increase of 5.2% in 2023. A New Agreement will be negotiated in 2024. There should be no negative impact to City funds or to the police department's operating budget. Background Information; The City entered into an agreement with Pierce Transit in 2018 for Federal Way police officers to work extra duty at various Pierce Transit stations, vehicles, bus routes, bus stops, facilities, and properties in Federal Way, Washington. Amendment No. 1 extended the agreement through December 31, 2023. Pierce Transit has agreed to pay the guild police officer overtime rate for each officer working extra duty at the transit station and other properties if needed. All other items and conditions of the agreement remain the same. Officers work this job during their off -duty hours, so this does not impact regular police services for the Federal Way Police Department. This agreement actually enhances our services by putting more Federal Way police officers in service three times daily, all in uniform, at various Pierce Transit sites and facilities — primarily at the Federal Way Transit Center. 1 NPierceTransit 3701 96 h Street SW Lakewood, WA 98499-4431 INTERLOCAL AGREEMENT AMENDMENT NO. 02 EXTRA DUTY POLICE SERVICES WHEREAS, on September 13, 2019, Pierce County Public Transportation Benefit Area Corporation (hereinafter referred to as "Pierce Transit") and the City of Federal Way, Washington (hereinafter referred to as "City") entered into an Agreement to provide Extra Duty Police Services to Pierce Transit; and The Agreement is hereby amended as follows: Scope of Work: The Agreement allows for an annual hourly rate increase per the Federal Way Police Guild Bargaining Agreement with the City. Pierce Transit and the City have agreed to a 5.7% increase that will be effective starting January 1, 2022 through December 31, 2022. COST SUMMARY & TERMS CONTRACT SUMMARY Original Contract Amount $1,382,960.00 Previously Authorized Amendments $0.00 This Increase Amount — Amendment No. 02 $0.00 TOTAL CONTRACT AMOUNT $1,382.960.00 A. The scope of work will be accomplished on a time and materials basis, per the updated hourly rates reflecting a 5.7% increase for a fee of $81.00 per hour, per officer, in calendar year 2022. The total not to exceed contract amount shall remain $1,382,960.00. B. The expiration date of this Contract remains December 31, 2023. C. The adjustment in contract price includes and covers labor, materials, equipment, overhead, damages, if any, profits and all other costs and expenses, of whatever type, which are occasioned either directly or indirectly by the City as a result of this Amendment. D. All other items, terms and conditions, and obligations of the Contract shall remain in full force and effect except as expressly modified herein, in writing, by this Amendment. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Contract as of the day and year set forth below their signatures. PIERCE COUNTY PUBLIC TRANSPORTATION CITY OF FEDERAL WAY BENEFIT AREA CORPORATION Mike Griffus Chief Executive Officer Date Andy J. Hwang Chief of Police Date Pierce Transit Agreement No. 1242 COUNCIL MEETING DATE: April 19, 2022 ITEM #: CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: Acceptance of Washington Association of Sheriffs and Police Chiefs Officer Wellness Program grant funds. POLICY QUESTION: Should the City of Federal Way/Federal Way Police Department (FWPD) accept $18,200 in grant funds from the Washington Association of Sheriffs and Police Chiefs (WASPC) for activities supporting Officer Mental Wellness? COMMITTEE: PRHSPSC MEETING DATE: April 12, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Ra mond Bunk, Commander Attachments: 1. Staff Memo 2. WASPC Interagency Agreement Options Considered: 1. Accept the grant money 2. Reject the grant money MAYOR'S RECOMMENDATION: Option 1 DEPT: Police Department a/I22— MAYOR APPROVAL: "73� ` �.��11iECTOR APPROVAL: r cyfimilyre nu�fcf a 3iutin COMMITTEE RECOMMENDATION: "I move to forward the WASPC Grant Agreement to the April 19, 2022, consent agenda for approval. " //�-) f -/ � ,4 Chair Committee Member PROPc7�A:D COUNCIL MOTION: "I move approval of the WASPC Grant Agreement and authorize the Chief of Police o sign said agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 12, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Acceptance of Washington Association of Sheriffs and Police Chiefs Wellness Program Grant Money Financial Impacts: There will be minimal impact to City funds by accepting $18,200 in grant funds for Officer Mental Wellness activities. Sales tax may not be covered by the grant and will be absorbed by the police department's operating budget if that occurs. Backizround Information; The Federal Way Police Department (FWPD) will receive grant funding from the Washington Association of Sheriffs and Police Chiefs (WASPC). The grant money will be used to fund the availability of Mental Health Providers (MHPs) for police employees. The grant is for a total of $18,200 provided in two installments. The company "inLife Clinic" was chosen as the MHP provider. This organization already provides MHPs to other local law enforcement agencies, including Issaquah PD, Redmond PD, King County SO, and Seattle PD. This is a difficult period in law enforcement. Law enforcement is seeing higher levels of officer anxiety, depression, burnout, and PTSD during this time. Suicide rates among officers are on the rise. Emotional exhaustion, frustration due to changing laws impacting law enforcement work, and higher rates of officers leaving law enforcement leave fewer people to cover shifts, increasing workload for remaining officers. This grant will support officer mental wellness efforts by providing a Mental Health Professional (MHP) on site for police employees. Discussions between police employees and the MHP are confidential, critical to ensure full support for the officers. Officers need a safe place to talk about the things that are impacting how they function on the job and at home. One goal of this program is to provide support and intervention before an officer turns to negative behaviors that can ultimately lead to addiction or suicide. Activities under this grant do not provide ongoing therapy, but it will include triage and referrals when needed to make sure officers receive the mental health and wellbeing support they need. These funds and the activities they support are an investment in our officers that costs far less than replacing an officer who has become overwhelmed by the trauma of accumulating critical incidents, or perceptions of betrayal, which are too often self -treated by addictive behaviors and can lead to contemplating suicide. It also provides a support system that is separate from the 1 usual chain of command, providing support to people of all ranks. Confidential conversations will also ensure a "safe place" for discussing difficult topics, that may make it easier for officers to open up and receive the assistance they may need. In addition to individual counseling, the on - site MHP will be available for our Peer Support Team and for Critical Stress Management Debriefings (CISD). The grant also requires officers to take two surveys. One is related to stress and the other to sleep patterns. This data will be reviewed by the Washington State Department of Health. The results of the pilot projects funded by this act (SB 6570) and recommendations regarding the continuation of these programs, will be studied. The best practices and policies for providing mental health services and preventing law enforcement suicide will then be identified and recommendations on resources and technical assistance to support law enforcement agencies in preventing law enforcement suicides will be made. 2 WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS INTERAGENCY AGREEMENT —SPECIFIC TERMS AND CONDITIONS BEHAVIORAL HEALTH SUPPORT AND SUICIDE PREVENTION GRANT OVERVIEW: The Washington State Legislature has allocated funding to the WA Association of Sheriffs and Police Chiefs to establish a behavioral health support and suicide prevention program for law enforcement officers. The program will award grants to leverage access to mental health professionals, critical stress management and resiliency training. WASPC will award funding up to $300,000 for the period of March 15, 2022 to June 30, 2022 and up to $300,000 for the period of July 1, 2022 to June 30, 2023. The purpose of these funds are to support agencies creating or expanding any officer wellness programs. AGREEMENT: This AGREEMENT is entered into by and between the WASHINGTON ASSOCIATION OF SHERIFFS AND POLICE CHIEFS (hereinafter referred to as WASPC) and the FEDERAL WAY POLICE DEPARTMENT (hereinafter referred to as the RECIPIENT). Award Recipient Name and Address: 33325 8th Ave S Federal Way, WA 98003 Project Title BH Support and Suicide Prevention Grant (Officer Wellness) Agreement No: OW -Federal Way 22-23 Grant Award: FY2022-$7,536.00 FY2023-$10,644.00 Total-$18,200.00 Agency Contact: Raymond Bunk Title: Commander Email: Raymond. bun kci offederalwa .corn Phone: 253-835-6746 Funding Cycles FY2022: March 15, 2022 — June 30, 2022 FY2023: July 1, 2022 — June 30, 2023 Funding Authority: WA Association of Sheriffs and Police Chiefs Service Area: Federal Way The WASPC point of contact for the Behavioral Health Support and Suicide Prevention Grant is Terrina Peterson, Programs Coordinator, 360-486-2386 or tpeterson(dwaspc.orq. FUNDING SOURCE: Funding for this AGREEMENT is provided to WASPC through the Criminal Justice Training Commission from the State of Washington. These are state funds allocated by the Washington State Legislature. Funding awarded the RECIPIENT shall not exceed the amount shown above. SCOPE OF WORK: Grant recipient shall: 1. Expand peer support team 2. Contract with MHP for onsite visits 3. Provide additional wellness training to personnel and families APPROVED BUDGET 2022 March 15 2022 to June 302022): Budget Line Item Grant Funds In -Kind Total Project Resources Value 1. Professional Services/Public Agency Contracts $7,536.00 $ - $7,536.00 InLife Clinic-MHP Totals $7,536.00 $ - $7,536.00 APPROVED BUDGET 2023(July 1 2022 to June 3Q 2023): _ Budget Line Item Grant Funds In -Kind Total Project Resources Value 1. Professional Services/Public Agency Contracts InLife Clinic-MHP $10,644:00 $ - $10,644.00 Totals 1 $10,644.00 1 $ - 1 $10,644.00 DATA COLLECTION AND REPORTING: All data reports shall be made using the WASPC report form located at tittps:flwasgc formstack com/forms/behavloraf_health support and_suidde prevention_grant report form To the extent possible, the following data elements shall be submitted by April 15, 2022: 1. Unplanned leave (number of shifts) per month from April 2021 to March 2022 2. Scheduled leave (number of shifts) per month from April 2021 to March 2022 3. Total number of officers and non-commissioned staff 4. Number of community/citizen complaints from April 2021 to March 2022 5. Number of Use of Force incidents from April 2021 to March 2022 6. Distribute Stress and Sleep surveys to all agency personnel To the extent possible, the following data elements shall be submitted quarterly July 15, 2022; October 15, 2022; January 15, 2023; April 15, 2023. 1. Unplanned leave (number of shifts) per month during the quarter 2. Scheduled leave (number of shifts) per month during the quarter 3. Total number of officers and non-commissioned staff 4. Number of community/citizen complaints per month during the quarter 5. Number of Use of Force incidents from during the quarter To the extent possible, the following data elements shall be submitted by July 15, 2023: 1. Unplanned leave (number of shifts) per month from April 2023 to June 2023 2. Scheduled leave (number of shifts) per month from April 2023 to June 2023 3. Total number of officers and non-commissioned staff 4. Number of community/citizen complaints from April 2023 to June 2023 5. Number of Use of Force incidents from April 2023 to June 2023 6. Distribute Stress and Sleep surveys to all agency personnel 7. Final report/summary of the program INVOICES FOR REIMBURSEMENT: Invoice submission will document the following: Employee hours related to officer wellness work Professional contract Training and/or Speaker Costs Equipment Costs Invoices shall be submitted to WASPC by the 15th of each month using an A-19 voucher. SIGNATURE: IN WITNESS WHEREOF, WASPC and RECIPIENT acknowledge and accept the terms of this AGREEMENT and attachments hereto, and in witness whereof have executed this AGREEMENT as of the date and year written below. The rights and obligations of both parties to this AGREEMENT are governed by the information on this Award Sheet and Letter and other documents incorporated herein. For WASPC For RECIPIENT Name: Steven D. Strachan Name: Andy Hwang Title: Executive Director Title: Chief Agency: Washington Association of Agency: Federal Way Police Department Sheriffs & Police Chiefs Date: March 15, 2022 Date: Signature: , i 1 ti Signature COUNCIL MEETING DATE: April 19, 2022 ITEM #: 7h- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: AGREEMENT BETWEEN THE WASHINGTON TRAFFIC SAFETY COMMISSION (WTSC) AND THE FEDERAL WAY POLICE DEPARTMENT TO PROVIDE GRANT FUNDING FOR TRAFFIC ENFORCEMENT POLICY QUESTION: Should the City of Federal Way / Federal Way Police Department accept $5,000.00 from the WTSC for the Walker and Roller traffic safety grant project? COMMITTEE: PARKS, RECREATION, HUMAN SERVICES & PUBLIC MEETING DATE: SAFETY COUNCIL COMMITTEE (PRHS&PSC) April -12, 2022 CATEGORY: ® Consent ❑ Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: LIEUTENANT B. SCHULZ DEPT: Police Attachments: 1. PRHS&PSC Memo 2. IAA Between the WTSC and the Federal Way Police Department Options Considered: 1. Accept Proposal 2. Reject Proposal MAYOR'S RECOMMENDATION: Option 1. MAYOR APPROVAL: ;47� DIRECTOR APPROVAL:s�ZZ Ca ittee vorlei 3� Iniliall0 ti initiaillJa Initiallf3a �� COMMITTEE RECOMMENDATION: "I move to forward the WTSC Grant Agreement to the April 19, 2022, City Council r rzt A enda fog approval" mmittee Chair ittee Nfe ber Committee Member PROPER COUNCIL MOTION: "I move approval of the WTSC Agreement and authorize the Chief of Police to sign Vid agreement. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED 1sT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 11/2016 RESOLUTION # CITY OF FEDERAL WAY CITY COUNCIL COMMITTEE STAFF REPORT DATE: April 12, 2022 TO: Parks, Recreation, Human Services and Public Safety Council Committee VIA: -Jim Ferrell, Mayor FROM: Andy J. Hwang, Chief of Police SUBJECT: Interagency Agreement between the Washington Traffic Safety Commission and the Federal Way Police Department The Federal Way Police Department enforces traffic laws throughout the city to reduce collisions, traffic related crime, and make our streets safer. This is completed by utilizing our day-to-day staffing level. However, increasing the number of officers on patrol at any one time yields better enforcement coverage and can promote a larger and longer lasting impact on traffic issues that affect our citizens. The Washington Traffic Safety Commission (WTSC) partners with the United States Department of Transportation (USDOT) and the National Highway Traffic Safety Administration (NHTSA) to offer an excellent opportunity for multijurisdictional high visibility emphasis (HVE) patrols throughout the year with funding from various grants. The WTSC has identified areas along SR 99 (Pacific Highway S) including in Federal Way where an emphasis on changing the behavior of walkers, rollers (people riding hover boards, electric scooters, etc.), and pedestrians is necessary to improve walker/roller/pedestrian safety and reduce collisions with motor vehicles. Often these collisions result in serious injuries and death. The WTSC created a "Walker/Roller" grant to allow the Federal Way Police Department to be reimbursed for conducting extra enforcement for drivers engaging in high risk driving behaviors around walkers, rollers, pedestrians. The Program Manager informed the recipient cities what amount they would receive. The agreement total to be split between various cities is $25,200; the Federal Way Police Department was awarded up to $5,000 of that to work overtime needed for enforcement. The goal of the grant is to reduce traffic related collisions with walkers, rollers, and pedestrians through focused. enforcement and education. This agreement would allow the City of Federal Way to put more of its police. officers on the road specifically focused on these traffic safety and enforcement goals without having to expand its current budget as the grant will reimburse the overtime expenses for these efforts. INTERAGENCY AGREEMENT BETWEEN THE Washington Traffic Safety Commission AND FEDERAL WAY POLICE DEPARTMENT THIS AGREEMENT is made and entered into by and between the Washington Traffic Safety Commission, hereinafter referred to as "WTSC," and FEDERAL WAY POLICE DEPARTMENT hereinafter referred to as "SUB -RECIPIENT." NOW THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the Parties mutually agree as follows: 1. PURPOSE OF THE AGREEMENT The purpose of this Agreement is to provide funding, provided by the United States Department of Transportation (USDOT) National Highway Traffic Safety Administration (NHTSA) and allowed under the Assistance Listings Catalog of Federal Domestic Assistance (CFDA) number 20.616, for traffic safety grant project 2022-AG-4301-Kent-Pacific Highway (SR 99) South Walker and Roller Program, specifically to provide funding for the law enforcement agencies in WTSC Region 7/8 to conduct overtime walker/roller safety enforcement as outlined in the Statement of Work (SOW), in support of Target Zero priorities. The Target Zero Manager (TZM) and/or the Law Enforcement Liaison (LEL) shall coordinate the SOW with the SUB -RECIPIENT with the goal of reducing traffic crashes. Grant 2022-AG-4301-Kent-Pacific Highway (SR 99) South Walker and Roller Program was awarded to the Kent Police Department and the King County (WTSC Region 7/8) to support collaborative efforts to conduct walker/roller safety enforcement activities. By signing this agreement, the SUB -RECIPIENT is able to seek reimbursement for approved overtime expenses incurred as a participant in 2 022-AG-43 0 1 -Kent- Pacific Highway (SR 99) South Walker and Roller Program. 2. PERIOD OF PERFORMANCE. The period of performance of this Agreement shall commence upon the date of execution by both Parties, but not earlier than October 1, 2021, and remain in effect until September 30, 2022, unless terminated sooner, as provided herein. 3. STATEMENT OF WORK Note: This statement of work applies only to Walker/Roller Safety Enforcement for traffic safety areas which your region has received funding. GOAL: Positively change walker; roller, and motor vehicle driver behaviors through law enforcement patrols and media efforts. Engage multiple law enforcement agencies along Highway 99 in South King County in the design, implementation of enforcement, community outreach and education activities for the project period. STRATEGY: Prevent drivers from engaging in high risk behaviors related to walkers and rollers by increasing drivers' perception of the risk of being stopped by a patrol officer. This perception is achieved through 1) an increase in media messages and outreach about upcoming emphasis periods so that the targeted drivers know when the patrols will occur and what will be enforced and 2) during the patrols, drivers have the perception of increased enforcement because they can see a significant and noticeable increase in law enforcement presence and activities that reinforces the media messages they received and influences them to modify their driving behavior and 3) officers who stop drivers will use the stop to educate drivers on the importance of sharing the roadways with walkers and rollers and applicable laws violated by the driver. OBJECTIVES: There are several requirements identified for the Walker/Roller Safety Project along Highway 99 in South King County. The SUB -RECIPIENT agrees to follow all seven of these requirements. Implement the mobilization plan developed by the local traffic safety task force the enforcement that includes: a. Problem Statement b. Description of enforcement strategy, including expected law enforcement agencies participating in the event, target violation, and target locations. c. Public outreach strategy that targets the drivers most likely to contribute to traffic crashes. d. Evaluation plan 2. The event is data driven. This means data (such as traffic crash data) is used to identify the locations where the enforcement should occur and drivers with the highest potential of causing traffic crashes. 3. The enforcement is multi'urisdictional and uses a saturation approach. This means SUB -RECIPIENT is coordinating its efforts with adjacent law enforcement agencies so that the driving public has the perception of law enforcement omnipresence on the targeted roads. 4. The public is made aware of th:. -vent before during, and after the enforcement takes place. This means that messages reach all target audiences in the community, regardless of English proficiency, who use the targeted transportation system. Local outreach and public education campaigns will take place during the enforcement period. 5. Officers are encouraged to educate drivers about walker and roller laws and safety during traffic stops. 6. The SUB -RECIPIENT deploys resources to enforce traffic laws in priority areal throughout the year when this project not being im lemented. ADDITIONAL REQUIREMENTS: In addition, SUB -RECIPIENT agrees to all of the following requirements for walker/roller safety enforcement: Use the WEMS system provided by the WTSC to record all activities conducted by their commissioned officers. SUB -RECIPIENT will also ensure all supervisors and fiscal staff have the ability to review and edit those activity logs. 2. All participating staff receive a briefing prior to the event so that every participant understands and can explain all of the items on the briefing list below. This can be done in person (preferred) or electronic via telephone, email, or virtually. + Purpose, goals, strategy, and objectives of the specific enforcement with a focus on the targeted locations and driving behaviors ■ List of on -call DBEs and request procedures • How to fill out their digital activity log in WEMS • Information on how the Mobile Impaired Driving Unit will be used (if applicable) • Dispatch information • All Participating officers • Spotter processes (if applicable) ■ Available Draeger machines and locations (if applicable) 3. To utilize all available media platforms it has available (website, email newsletters, social media etc..). 4. Participating officers should make as many contacts as they can during these patrols to positively influence driving behavior. 3.1. MILESTONES AND DELIVERABLES Mobilization Dates Walker/Roller Safety Enforcement April 10 —April 23 Other dates could be identified by the task force. TBD 3.2. COMPENSATION 3.2.1. Compensation for the overtime work provided in accordance with this Agreement has been established under the terms of RCW 39.34. The cost of accomplishing the work described in the SOW will not exceed dollar total from amounts listed below. Payment for satisfactory performance of the overtime work shall not exceed this amount unless the WTSC and SUB -RECIPIENT mutually agree to a higher amount in a written Amendment to this Agreement executed by both the WTSC and SUB -RECIPIENT. Comp -time is not considered overtime and will not be approved for payment. All law enforcement agencies who are active members of the Region 7/8 traffic safety task force with a fully executed grant agreement are eligible to participate in this grant. Agencies may also be compensated at the straight time rate in lieu of overtime. 3.2.2. WTSC will reimburse for personnel overtime expenses at 150 percent of the officer's normal salary rate plus SUB-RECIPIENT's contributions to employee benefits, limited to the following: ■ FICA • Medicare • Any portion of L & I that is paid by the employer (SUB -RECIPIENT) • Retirement contributions paid by the employer (SUB -RECIPIENT) can be included if the contribution is based on a percentage of their hours worked Health insurance, or any other benefits not listed above, are not eligible for reimbursement. The SUB -RECIPIENT will provide law enforcement officers with appropriate equipment (e.g., vehicles, radars, portable breath testers, etc.) to participate in the emphasis patrols. 3.2.3. Funding alterations are permitted as follows: Upon agreement by the regional TZM and all other parties impacted by a proposed budget alteration, the allocation amounts may be increased or decreased without amending this agreement. Grant funds should be managed collaboratively by the SUB -RECIPIENT and the TZM. These alterations must be requested through email communication among all involved parties, including the TZM, and the WTSC Fiscal Analyst. This communication shall include an Allocation Adjustment form, which details the funding alterations. Funds within the same enforcement campaign budget category only, can be increased and decreased across parties, so long as the modified total does not exceed the regional total allocation per funding category. 3.2.4. These funds, designated for salaries and benefits, are intended to pay for the hourly overtime costs and proportional amounts of fringe benefits of commissioned staff pursuing the activities described in the statement of work. These funds may not be used for any other purpose for example any work required to maintain a law enforcement commission including recertification trainings like firearm qualification. 3.2.5. The law enforcement agency involved will not schedule individual_ officer overtime shifts for longer than eight hours. WTSC understands there may be instances when more than eight hours are billed due to DUI processing or other reasons and an explanation should be provided on the WEMS Officer Activity Log. 3.2.6. The law enforcement agency involved will ensure that any reserve officer for whom reimbursement is claimed has exceeded his/her normal weekly working hours when participating in an emphasis patrol and is authorized to be paid at the amount requested. Reserve officers may only be paid at the normal hourly rate and not at the 150 percent overtime rate. 3.3. SUMMARY OF PROJECT COSTS The WTSC has awarded $25,200 in 2022-AG-4301-Kent=Pacific Highway (SR 99) South Walker and Roller Program for the purpose of conducting coordinated Walker/Roller Safety Enforcement activities. By signing this agreement, the SUB -RECIPIENT is able to seek reimbursement for approved overtime expenses incurred as a participant in this grant. All activity must be coordinated by the region's traffic safety task force and TZM in order to be eligible for reimbursement. The funding for Region 7/8 is as follows: EMPHASIS PATROL alker/Roller Safety Enforcement ection 405, CFDA 20.616) $25,20 3.3.1. The funds issued under this Agreement are only to be used for the specified category and shall not be commingled between categories. APPLICABLE STATE AND FEDERAL TERMS AND CONDITIONS: 4. ACTIVITY REPORTS The SUB -RECIPIENT agrees to have all personnel who work patrols submit a WEMS Officer Activity Log within 24 hours of the end of all shifts worked. These same logs will be associated with invoices as detailed in the "BILLING PROCEDURE" section. Use of the Officer Activity Log in the WTSC's online grant management system, WEMS, is required. Supervisor review and accuracy certification will also be done in WEMS. 5. ADVANCE PAYMENTS PROHIBITED No payments in advance of or in anticipation of goods or services to be provided under this Agreement shall be made by the WTSC. 6. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of the Parties in the form of a written request to amend this Agreement. Such amendments shall only be binding if they are in writing and signed by personnel authorized to bind each of the Parties. Changes to the budget, SUB -RECIPIENT'S Primary Contact, and WTSC Program Manager can be made through email communication and signatures are not required. 7. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto. 8. ASSIGNMENT The SUB -RECIPIENT may not assign the work to be provided under this Agreement, in whole or in part, without the express prior written consent of the WTSC, which consent shall not be unreasonably withheld. The SUB -RECIPIENT shall provide the WTSC a copy of all third -party contracts and agreements entered into for purposes of fulfilling the SOW. Such third -party contracts and agreements must follow applicable federal, state, and local law, including but not limited to procurement law, rules, and procedures. If any of the fiends provided under this Agreement include funds from NHTSA, such third -party contracts and agreements must include the federal provisions set forth in this Agreement in sections 34 through 42. 9. ATTORNEYS' FEES In the event of litigation or other action brought to enforce the Agreement terms, each Party agrees to bear its own attorney fees and costs. 10. BILLING PROCEDURE All invoices for reimbursement of enforcement activities will be done using the WTSC's grant management system, WEMS. WEMS Officer Activity logs will be attached to invoices, directly linking the. cost of the activity to the invoice. Because the activity, approval, and invoicing are all done within WEMS, no back up documentation is required in most cases. Once submitted by the SUB -RECIPIENT, invoices are routed to the regional TZM for review and approval. The TZM will submit all approved invoices to the WTSC via WEMS within 10 days of receipt. Payment to the SUB -RECIPIENT for approved and completed work will be made by warrant or account transfer by WTSC within 30 days of receipt of such properly documented invoices acceptable to WTSC. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 45 days after the expiration date of this Agreement. All invoices for goods received or services performed on or prior to June 30, 2022, must be received by WTSC no later than August 10, 2022. All invoices for goods received or services performed between July 1, 2022 and September 30, 2022, must be received by WTSC no later than November 15, 2022. 11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION The SUB -RECIPIENT shall not use or disclose any information concerning the WTSC, or information which may be classified as confidential, for any purpose not directly connected with the administration of this Agreement, except with prior written consent of the WTSC, or as may be required by law. 12. COST PRINCIPLES Costs incurred under this Agreement shall adhere to provisions of 2 CFR Part 200 Subpart E. 13. COVENANT AGAINST CONTINGENT FEES The SUB -RECIPIENT warrants that it has not paid, and agrees not to pay, any bonus, commission, brokerage, or contingent fee to solicit or secure this Agreement or to obtain approval of any application for federal financial assistance for this Agreement. The WTSC shall have the right, in the event of breach of this section by the SUB -RECIPIENT, to annul this Agreement without liability. 14. DISPUTES 14.1. Disputes arising in the performance of this Agreement, which are not resolved by agreement of the Parties, shall be decided in writing by the WTSC Deputy Director or designee. This decision shall be final and conclusive, unless within 10 days from the date of the SUB-RECIPIENT's receipt of WTSC's written decision, the SUB -RECIPIENT furnishes a written appeal to the WTSC Director. The SUB-RECIPIENT's appeal shall be decided in writing by the Director or designee within 30 days of receipt of the appeal by the Director. The decision shall be binding upon the SUB -RECIPIENT and the SUB -RECIPIENT shall abide by the decision. 14.2. Performance During Dispute. Unless otherwise directed by WTSC, the SUB -RECIPIENT shall continue performance under this Agreement while matters in dispute are being resolved. 15. GOVERNANCE 15.1. This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. 15.2. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 15.2.1. Applicable federal and state statutes and rules 15.2.2. Terms and Conditions of this Agreement 15.2.3. Any Amendment executed under this Agreement 15.2.4. Any SOW executed under this Agreement 15.2.5. Any other provisions of the Agreement, including materials incorporated by reference 16. INCOME Any income earned by the SUB -RECIPIENT from the conduct of the SOW (e.g., sale of publications, registration fees, or service charges) must be accounted for, and that income must be applied to project purposes or used to reduce project costs. 17. INDEMNIFICATION 17.1. To the fullest extent permitted by law, the SUB -RECIPIENT shall indemnify and hold harmless the WTSC, its officers, employees, and agents, and process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties; losses, damages, or costs of whatsoever kind ("claims") brought against WTSC arising out of or in connection with this Agreement and/or the SUB-RECIPIENT's performance or failure to perform any aspect of the Agreement. This indemnity provision applies to all claims against WTSC, its officers, employees, and agents arising out of, in connection with, or incident to the acts or omissions of the SUB -RECIPIENT, its officers, employees, agents, contractors, and subcontractors. Provided, however, that nothing herein shall require the SUB -RECIPIENT to indemnify and hold harmless or defend the WTSC, its agents, employees, or officers to the extent that claims are caused by the negligent acts or omissions of the WTSC, its officers, employees or agents; and provided further that if such claims result from the concurrent negligence of (a) the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors, and (b) the WTSC, its officers, employees, or agents, or involves those actions covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the negligence of the SUB -RECIPIENT, its officers, employees, agents, contractors, or subcontractors. 17.2. The SUB -RECIPIENT waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold harmless the WTSC, its officers, employees, or agents. 17.3. The indemnification and hold harmless provision shall survive termination of this Agreement. 18. INDEPENDENT CAPACITY The employees or agents of each Party who are engaged in the performance of this Agreement shall continue to be employees or agents of that Party and shall not be considered for any purpose to be employees or agents of the other Party. 19. INSURANCE COVERAGE 19.1. The SUB -RECIPIENT shall comply with the provisions of Title 51 RCW, Industrial Insurance, if required by law. 19.2. If the SUB -RECIPIENT is not required to maintain insurance in accordance with Title 51 RCW, prior to the start of any performance of work under this Agreement, the SUB -RECIPIENT shall provide WTSC with proof of insurance coverage (e.g., vehicle liability insurance, private property liability insurance, or commercial property liability insurance), as determined appropriate by WTSC, which protects the SUB - RECIPIENT and WTSC from risks associated with executing the SOW associated with this Agreement. 20. LICENSING ACCREDITATION AND REGISTRATION. The SUB -RECIPIENT shall comply with all applicable local, state, and federal licensing, accreditation, and registration requirements and standards necessary for the performance of this Agreement. The SUB - RECIPIENT shall complete registration with the Washington State Department of Revenue, if required, and be responsible for payment of all taxes due on payments made under this Agreement. 21. RECORDS MAINTENANCE 21.1. During the term of this Agreement and for six years thereafter, the SUB -RECIPIENT shall maintain books, records, documents, and other evidence that sufficiently and properly reflect all direct and indirect costs expended in the performance of the services described herein. These records shall be subject to inspection, review, or audit by authorized personnel of the WTSC, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration. The Office of the State Auditor, federal auditors, the WTSC, and any duly authorized representatives shall have full access and the right to'examine any of these materials during this period. 21.2. Records and other documents, in any medium, furnished by one Parry to this Agreement to the other Party, will remain the property of the furnishing Parry, unless otherwise agreed. The receiving Parry will not disclose or make available this material to any third Parties without first giving notice to the furnishing Party and giving them. a reasonable opportunity to respond. Each Party will utilize reasonable security procedures and protections to assure that records and documents provided by the other Party are not erroneously disclosed to third Parties. 22. RIGHT OF INSPECTION The SUB -RECIPIENT shall provide right of access to its facilities to the WTSC or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this Agreement. The SUB -RECIPIENT shall make available information necessary for WTSC to comply with the right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The SUB - RECIPIENT shall upon request make available to the WTSC and the United States Secretary of the Department of Health and Human Services all internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this Agreement. 23. RIGHTS IN DATA 23.1. WTSC and SUB -RECIPIENT agree that all data and work products (collectively called "Work Product") pursuant to this Agreement shall be considered works made for hire under the U.S. Copyright Act, 17 USC § 101 et seq., and shall be owned by the state of Washington. Work Product includes, but is not limited to, reports, documents, pamphlets, advertisement, books, magazines, surveys, studies, computer programs, films, tapes, sound reproductions, designs, plans, diagrams, drawings, software, and/or databases to the extent provided by law. Ownership includes the right to copyright, register the copyright, distribute, prepare derivative works, publicly perform, publicly display, and the ability to otherwise use and transfer these rights. 23.2. If for any reason the Work Product would not be considered a work made for hire under applicable law, the SUB -RECIPIENT assigns and transfers to WTSC the entire right, title, and interest in and to all rights in the Work Product and any registrations and copyright applications relating thereto and any renewals and extensions thereof. 23.3. The SUB -RECIPIENT may publish, at its own expense, the results of project activities without prior review by the WTSC, provided that any publications (written, visual, or sound) contain acknowledgment of the support provided by NHTSA and the WTSC. Any discovery or invention derived from work performed under this project shall be referred to the WTSC, who will determine through NHTSA whether patent protections will be sought, how any rights will be administered, and other actions required to protect the public interest. 24. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Agreement and prior to completion of the SOW under this Agreement, the WTSC may terminate the Agreement under the "TERMINATION FOR CONVENIENCE" clause, without the 30- day notice requirement. The Agreement is subject to renegotiation at the WTSC's discretion under any new funding limitations or conditions. 25. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 26. SITE SECURITY While on WTSC premises, the SUB -RECIPIENT, its agents, employees, or sub -contractors shall conform in all respects with all WTSC physical, fire, or other security policies and applicable regulations. 27. TAXES All payments of payroll taxes, unemployment contributions, any other taxes, insurance, or other such expenses for the SUB -RECIPIENT or its staff shall be the sole responsibility of the SUB -RECIPIENT. 28. TERMINATION FOR CAUSE If the SUB -RECIPIENT does not fulfill in a timely and proper manner its obligations under this Agreement or violates any of these terms and conditions, the WTSC will give the SUB -RECIPIENT written notice of such failure or violation, and may terminate this Agreement immediately. At the WTSC's discretion, the SUB -RECIPIENT may be given-15 days to correct the violation or failure. In the event that the SUB - RECIPIENT is given the opportunity to correct the violation and the violation is not corrected within the 15- day period, this Agreement may be terminated at the end of that period by written notice of the WTSC. 29. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Agreement, either Party may terminate this Agreement, without cause or reason, with 30 days written notice to the other Party. If this Agreement is so terminated, the WTSC shall be liable only for payment required under the terms of this Agreement for services rendered or goods delivered prior to the effective date of termination. 30. TREATMENT OF ASSETS 30.1. Title to all property furnished by the WTSC shall remain property of the WTSC. Title to all property furnished by the SUB -RECIPIENT for the cost of which the SUB -RECIPIENT is entitled to be reimbursed as a direct item of cost under this Agreement shall pass to and vest in the WTSC upon delivery of such property by the SUB -RECIPIENT. Title to other property, the cost of which is reimbursable to the SUB -RECIPIENT under this Agreement, shall pass to and vest in the WTSC upon (i) issuance for use of such property in the performance of this Agreement, or (ii) commencement of use of such property in the performance of this Agreement, or (iii) reimbursement of the cost thereof by the WTSC in whole or in part, whichever first occurs. 30.2. Any property of the WTSC furnished to the SUB -RECIPIENT shall, unless otherwise provided herein or approved by the WTSC, be used only for the performance of this Agreement. 30.3. The SUB -RECIPIENT shall be responsible for any loss or damage to property of the WTSC which results from the negligence of the SUB -RECIPIENT or which results from the failure on the part of the SUB - RECIPIENT to maintain and administer that property in accordance with sound management practices. 30.4. If any WTSC property is lost, destroyed, or damaged, the SUB -RECIPIENT shall immediately notify the WTSC and shall take all reasonable steps to protect the property from further damage. 30.5. The SUB -RECIPIENT shall surrender to the WTSC all property of the WTSC upon completion, termination, or cancellation of this Agreement. 30.6. All reference to the SUB -RECIPIENT under this clause shall also include SUB-RECIPIENT's employees, agents, or sub -contractors. 31. WAIVER A failure by either Party to exercise its rights under this Agreement shall not preclude that Party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement. APPLICABLE CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS (23 CFR PART 1300 APPENDIX A): 32. BUY AMERICA ACT The SUB -RECIPIENT will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using federal funds. Buy America requires the SUB -RECIPIENT to purchase only steel, iron, and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use federal funds to purchase foreign produced items, the WTSC must submit a waiver request that provides an adequate basis and justification, and which is approved by the Secretary of Transportation. 33. DEBARMENT AND SUSPENSION Instructions for Lower Tier Certification 33.1. By signing this Agreement, the SUB -RECIPIENT (hereinafter in this section referred to as the "lower tier participant") is providing the certification set out below and agrees to comply with the requirements of 2 CFR part 180 and 23 CFR part 1300. 33.2. The certification in this section is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 33.3. The lower tier participant shall provide immediate written notice to the WTSC if at any time the lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 33.4. The terms covered transaction, debarment, suspension, ineligible, lower tier, participant, person, primary tier, principal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Covered Transactions sections of 2 CFR part 180. 33.5. The lower tier participant agrees by signing this Agreement that it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by NHTSA. 33.6. The lower tier participant further agrees by signing this Agreement that it will include the clause titled "Instructions for Lower Tier Certification" including the "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions, and will require lower tier participants to comply with 2 CFR part 180 and 23 CFR part 1300. 33.7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Non -procurement Programs. 33.8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 33.9. Except for transactions authorized under paragraph 35.5. of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, the department or agency with which this transaction originated may disallow costs, annul or terminate the transaction, issue a stop work order, debar or suspend you, or take other remedies as appropriate. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions 33.10. The lower tier participant certifies, by signing this Agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 33.11. Where the lower tier participant is unable to certify to any of the statements in this certification, such participant shall attach an explanation to this Agreement. 34. THE DRUG -FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103) 34.1. The SUB -RECIPIENT shall: 34.1.1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and shall specify the actions that will be taken against employees for violation of such prohibition. 34.1.2. Establish a drug -free awareness program to inform employees about the dangers of drug abuse in the workplace; the SUB-RECIPIENT's policy of maintaining a drug -free workplace; any available drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed upon employees for drug violations occurring in the workplace. 34.1.3. Make it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph 36.1.1. of this section. 34.1.4. Notify the employee in the statement required by paragraph 36.1.1. of this section that, as a condition of employment under the grant, the employee will abide by the terms of the statement, notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction, and notify the WTSC within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. 34.1.5. Take one of the following actions within 30 days of receiving notice under paragraph 36.1.3. of this section, with respect to any employee who is so convicted: take appropriate personnel action against such an employee, up to and including termination, and/or require such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency. 34.1.6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of all of the paragraphs above. 35. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT FFATA In accordance with FFATA, the SUB -RECIPIENT shall, upon request, provide WTSC the names and total compensation of the five most highly compensated officers of the entity, if the entity in the preceding fiscal year received 80 percent or more of its annual gross revenues in federal awards, received $25,000,000 or more in annual gross revenues from federal awards, and if the public does not have access to information about the compensation of the senior executives of the entity through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 or section 6104 of the Internal Revenue Code of 1986. 36. FEDERAL LOBBYING 36.1. The undersigned certifies, to the best of his or her knowledge and belief, that: 36.1.1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 36.1.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, Disclosure Form to Report Lobbying, in accordance with its instructions. 36.1.3. The undersigned shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including sub -contracts, sub -grants, and contracts under grant, loans, and cooperative agreements), and that all sub -recipients shall certify and disclose accordingly. 36.2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 37. NONDISCRIMINATION (Title VI, 42 U.S.C. § 2000d et seq.) 37.1. During the performance of this Agreement, the SUB -RECIPIENT agrees: 37.1.1. To comply with all federal nondiscrimination laws and regulations, as may be amended from time to time. 37.1.2. Not to participate directly or indirectly in the discrimination prohibited by any federal non- discrimination law or regulation, as set forth in Appendix B of 49 CFR Part 21 and herein. 37.1.3. To permit access to its books, records, accounts, other sources of information, and its facilities as required by the WTSC, USDOT, or NHTSA. 37.1.4. That, in the event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this contract/fanding Agreement, the WTSC will have the right to impose such contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient complies, and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. 37.1.5. To insert this clause, including all paragraphs, in every sub -contract and sub -agreement and in every solicitation for a sub -contract or sub -agreement that receives federal funds under this program. 38. POLITICAL ACTIVITY (HATCH ACT) The SUB -RECIPIENT will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds. 39. PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE The SUB -RECIPIENT will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists. This Agreement does not include any aspects or elements of helmet usage or checkpoints, and so fully complies with this requirement. 40. STATE LOBBYING None of the funds under this Agreement will be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official whose salary is supported with NHTSA funds from engaging in direct communications with state or local legislative officials, in accordance with customary state practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 41. DESIGNATED CONTACTS The following named individuals will serve as designated contacts for each of the Parties for all communications, notices, and reimbursement regarding this Agreement: The Contact for the SUB- The Target Zero Manager for The Contact for WTSC is: RECIPIENT is: Region 7/8 is: Lt. Brigham Schulz Sara Wood Jessie Knudsen Federal Way PD Region 8 Target Zero Manager Program Manager Brigham.Schulz@cityoffederalway.com swood@kentwa.gov jknudsen@wtsc.wa.gov � 253.835.6743 253-856-5856 (360) 725-9888 42. AUTHORITY TO SIGN The undersigned acknowledges that they are authorized to execute this Agreement and bind their respective agencies or entities to the obligation set forth herein. IN WITNESS WHEREOF, the parties have executed this Agreement. WASHINGTON TRAFFIC SAFETY COMMISSION Signature Signature 4n/ 6 Printed Name Title 312.312 Z Date Printed Name Title Date COUNCIL MEETING DATE: April 19, 2022 ITEM #: 8a CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: PARKS AND RECREATION COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to Parks and Recreation Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, CityClerk DEPT: Mayor's Office Background: The Parks and Recreation Commission is comprised of nine (9) voting members and two (2) alternates who are appointed by the City Council to serve three-year terms per Federal Way Revised Code (FWRC) 2.85.020. Currently there are four (4) voting positions and two (2) alternate positions vacant due term expirations. At their April 19, 2022 Special Meeting the City Council interviewed the five (5) applicants seeking appointment to the Parks and Recreation Commission (Karen Brugato, John Bonn, Sabrina Lehman, Dave Berger, and Ariel Paull). Options Considered: 1. Appoint the following applicants to the Parks and Recreation Commission as follows: Pos 1 1. Voting Expires April 30, 2024 Pos 4 2, Voting Expires April 30, 2025 Pos 7 3, Voting Expires April 30, 2023 Pos 8 4. Voting Expires April 30, 2023 Alt. 5. Alternate Expires April 30, 2025 Alt 6. Alternate .Expires April 30, 2024 2. Direct the City Clerk to advertise for additional applicants for the Parks and Recreation Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date COMMITTEE RECOMMENDATION: N/A 0ml- PROPOSED COUNCIL MOTION: "I move the following appointments to the Parks and Recreation Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IsT reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # COUNCIL MEETING DATE: April 19, 2022 ITEM #: 8b CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: DIVERSITY COMMISSION APPOINTMENTS POLICY QUESTION: Should the City Council appoint members to the Diversity Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Diversity Commission is comprised of nine (9) voting members and one (1) alternate who are appointed by the City Council to serve three-year terms (per FWRC 2.65.030). There are currently six (6) vacant voting positions and one (1) vacant alternate position due to term expiration. Four (4) applications were received in response to the City Clerk's recruitment process. At their April 19, 2022 Special Meeting the Council interviewed an applicant seeking reappointment (Trenise Rogers) and applicants seeking appointment to the Diversity Commission (Tirzah Idahosa, Gin Hooks, and Saudia Abdullah). Options Considered: 1. Appoint the following applicants to the Diversity Commission with terms as follows: Name Type Position Term Expires 1. Voting Member 05/31/2025 2. Voting Member 05/31/2024 3. Voting Member 05/31/2025 4. Voting Member 05/31/2025 2. Direct the City Clerk to advertise for additional applicants for the Diversity Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: NO v Committee Council niolfDate Initiamatc Ipitial/Datc COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION: "I move the following appointments to the Diversity Commission... " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED First reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances onl)) ORDINANCE # REVISED— 12/2016 RESOLUTION # COUNCIL MEETING DATE: April 19, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HUMAN SERVICES COMMISSION APPOINTMENTS ITEM #: v C POLICY QUESTION: Should the City Council appoint members to the Human Services Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk _ DEPT: Mayor's Office T Background: The Human Services Commission is comprised of nine (9) voting members and up to three (3) alternates who are appointed by the City Council to serve three-year terms (per FWRC 2.55.020). There are currently three (3) vacant alternate positions due to term expirations. Two (2) applications were received in response to the City Clerk's recruitment process. At their April 19, 2022 Special Meeting the Council interviewed applicants seeking appointment to the Human Services Commission (Denise Yun and Grace Ssebugwawo Namagga — current alternate). Options Considered: 1. Make appointments to Human Services Commission as follows: Name Type Position Term Alternate 01/31/2025 Alternate 01/31/2024 2. Direct the City Clerk to advertise for additional applicants for the Human Services Commission. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A Committee Initial/Date N/A Council Initial/Date CITY CLERK APPROVAL:qjk2,.jVjZ nitiallDaic PROPOSED COUNCIL MOTION: "I move the following appointments to the Human Services Commission... " BELOW TO BE COMPLETED BY CITY CLERKS OFFICE COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED I" reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 4/2019 RESOLUTION # COUNCIL MEETING DATE: April 19, 2022 ITEM ih 8d- CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: LODGING TAX ADVISORY COMMITTEE APPOINTMENT POLICY QUESTION: Should the City Council appoint a new member to the Lodging Tax Advisory Committee? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing Z City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, City Clerk DEPT: Mayor's Office Background: The Lodging Tax Advisory Committee (LTAC) is comprised of a minimum of five (5) members who are appointed by the City Council to serve two-year terms. Per FWRC 2.75.020, members must represent businesses that are required to collect lodging tax or businesses authorized to be funded by lodging tax revenues (a minimum of two each). There are currently two (2) vacant voting positions representing businesses collecting lodging tax for which one application was received. At their April 19, 2022 Special Meeting the City Council interviewed applicant seeking reappointment to the Lodging Tax Advisory Committee (Madalena Miller with the Marriott Hotel). Options Considered: 1. Appoint Madalena Miller as a voting member of the Lodging Tax Advisory Committee with a term to expire October 31, 2023. 2. Direct the City Clerk to advertise for additional applicants for the Lodging Tax Advisory Committee. MAYOR'S RECOMMENDATION: Option 1 MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: Committee Council Initial/Date Initial/Date " Ivbll Inifial/Dile PROPOSED COUNCIL MOTION: "I move to appoint Madalena Miller as a voting member of the Lodging Tax Advisory Committee with a term to expire October 31, 2023. " (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 - 4/2019 RESOLUTION # COUNCIL MEETING DATE: April 19, 2022 CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: HISTORIC LANDMARKS COMMISSION APPOINTMENT ITEM #: 8e- POLICY QUESTION: Should the City Council appoint a member to the Historic Landmark Commission? COMMITTEE: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ❑ Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF REPORT BY: Stephanie Courtney, CiClerk DEPT: Mayor's Office Background: The Historic Landmark Commission is comprised of one member who serves as a special commissioner to the King County Landmarks Commission (per FVWRC 19.285). There is currently one (1) vacant position due to resignation; this term is due to expire November 30, 2023. One (1) application was received in response to the City Clerk's recruitment process. At their April 19, 2022 Special Meeting the City Council interviewed the applicant seeking appointment, Marie Sciacqua. Options Considered: 1. Appoint Marie Sciacqua to the Historic Landmark Commission with a term to expire November 30, 2023. 2. Direct the City Clerk to advertise for additional applicants. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: N/A N/A CITY CLERK APPROVAL: [ �Al0 7UA M/ Committee Council nitial/Dale Initial/Date Initial/Date PROPOSED COUNCIL MOTION: "I move to appoint Marie Sciacqua as a voting member of the Historic Landmark Commission with a term to expire November 30, 2023. " (BELOW TO BE COMPLETED BY CITY CLERKS OFFICE) COUNCIL ACTION: ❑ APPROVED COUNCIL BILL # ❑ DENIED IST reading ❑ TABLED/DEFERRED/NO ACTION Enactment reading ❑ MOVED TO SECOND READING (ordinances only) ORDINANCE # REVISED — 04/2019 RESOLUTION # COUNCIL MEETING DATE: April 19, 2022 ITEM #: 9 a - CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: RECKLESS USE OF FENTANYL IN PUBLIC SPACES. POLICY QUESTION: Should the Council adopt an ordinance creating a gross misdemeanor for the reckless use of fentanyl in public spaces to address the public safety and health risks of second-hand exposure to fentanyl? COMMITTEE: PRHSPSC MEETING DATE: April 12, 2022 CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ❑ City Council Business ❑ Resolution ❑ Other STAFF REPORT By:. Joanna Eide, Assistant City Attorney DEPT: Law Attachments: 1. Staff Report 2. 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: L,4p0' 3 i DIRECTOR APPROVAL:_A initiallgate COMMITTEE RECOMMENDATION: "I move to forward the proposed ordinance to First Reading on the April 19, 2022, Council meeting agenda. " 19C �� Chair COUNCIL MOTION(S): :ommittein er Committee Member FIRST READING OF ORDINANCE (APRIL 19, 2022): "1 move to forward the proposed ordinance to the May 3, 2022, Council Meeting for Second Reading and enactment. " SECOND READING OF ORDINANCE (MAY 3, 2022): "I move approval of the proposed ordinance. " BELOW TO BE COMPLETED BY CITY CLERK'S OFFICE) COUNCIL ACTION: n ❑ 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: March 24, 2022 TO: City Council Members VIA: Jim Ferrell, Mayor Brian Davis, Interim City Administrator Ryan Call, City Attorney FROM: Joanna Eide, Assistant City Attorney SUBJECT: Ordinance: Reckless Use of Fentanyl in Public Spaces Financial Impacts: Enforcement of this ordinance would be done with existing staff and resources. Background Information; There have been increasing concerns about the public use of fentanyl and risks to individuals and public health due to second hand exposure to this dangerous drug. Fentanyl is a potent, dangerous substance, capable of causing serious physical injury or death to a person through exposure to even very small amounts — as little as 2 mg can be fatal. Recent local news reports about the public use of fentanyl detailing experiences of people regularly witnessing this dangerous behavior have raised concerns within the City. Use on public buses has been specifically pointed out as being extremely dangerous to the public. In response to these concerns, the Mayor directed City staff to draft an ordinance to address the public's exposure fentanyl through second-hand smoke or public combustion of fentanyl. The proposed ordinance makes it a gross misdemeanor to use fentanyl or fentanyl-laced products in public within 10 feet of another person or when in an enclosed space or vehicle with the public. Rev. 7/18 ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to public exposure to fentanyl smoke and adding new section to Chapter 6.35 FWRC. WHEREAS, the right of the inhabitants of the City of Federal Way to personal safety and security while in public spaces is of the utmost importance and essential to a healthy, safe, and prosperous community; and WHEREAS, fentanyl is a dangerous substance, classified as a Schedule II drug, capable of causing serious physical injury or death to a person through exposure to even very small amounts of the substance. According to the United States Drug Enforcement Administration, just 2 milligrams — the size of about 5 grains of salt — of fentanyl can be fatal. The National Institute for Occupational Safety and Health has stated that illicit fentanyl sold in the illegal drug market is commonly mixed with other illicit drugs to increase the potency of the other drugs such as heroin, methamphetamine, and cocaine, which in turn increases the risk of a fatal interaction of the mixed drugs or an overdose of the fentanyl itself, and WHEREAS, data from the 2021 WA State Syringe Service Program Health Survey shows fentanyl overtook methamphetamine as the drug most involved in overdoses in Washington state in 2020, in part due to its potency and widespread availability, a trend that continues; and WHEREAS, studies have shown consumption by smoking of narcotics, opiates, and other dangerous drugs is increasing, posing increased risk of second-hand exposure to innocent members of the public; and Ordinance No. 21- Page I of 4 Rev 1/21 WHEREAS, due to its potency, high levels of toxicity, and potentially lethal effects in small amounts, second-hand exposure to fentanyl can pose significant risks of physical injury and even death of uninvolved, innocent bystanders. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Council hereby finds that smoking fentanyl or drugs laced with fentanyl in public where innocent bystanders can be exposed to potentially toxic amounts of the substance constitutes a serious threat of harm or death to the public; the Council further finds that intentionally exhaling fentanyl fumes is a behavior so careless of others' safety that no reasonable person would engage in it. Section 2. Chapter 6.35 of the Federal Way Revised Code is hereby amended to add a new section 6.35.015 to read as follows: Reckless Use of Fentanyl. (1) A person is guilty of Reckless Use of Fentanyl if the person: (a) Intentionally combusts or exhales the smoke of a substance the person knew or reasonably should know contains, or is contaminated with, fentanyl; and (b) The combusted or exhaled substance does, in fact, contain fentanyl as determined by a presumptive drug test, such as a "NIK" test, or testing by the state toxicology lab; and (c) Does so while in a public space and within 10 feet of another person, or while inside an enclosed public space with another person. Ordinance No. 21- Page 2 of 4 Rev 1/21 (2) For the purposes of this section, "public space" includes, but is not limited to, a public conveyance, park, transit stop, or other place open to the public. (3) Reckless Use of Fentanyl is a gross misdemeanor, punishable by up to 364 days in jail, a $5,000 fine, or combination of both. Section 3. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of this ordinance, or its application to any person or situation, be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance or its application to any other person or situation. The City Council of the City of Federal Way hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clauses, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. Section 4. 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 5. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 6. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its passage and publication, as provided by law. PASSED by the City Council of the City of Federal Way this day of 20 Ordinance No. 21- Page 3 of 4 Rev 1 /21 CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: References: 1. Facts about Fentanyl, U.S. Drug Enforcement Administration (DEA), hai2s://www.dea.gov/resources/facts-about-fentanyl. 2. See Fentanyl: Incapacitating Agent, National Institute for Occupational Safety and Health (NIOSH), baps://wxvw.edc. ov/nioshlershdb/emergQncyresponsecard 29750022,htrnl. 3. Syringe program user surveys shows `stunning' fntanyl surge, UW Medicine Newsroom, March 8, 2022: IlLps://newsroom.uw.edu/news/syringe-progain-user-survey- shows-stunnin _fentan l-sur e. 4. Kingston S, Newman A, Banta -Green C. Results from the 2021 WA State Syringe Service Program Health Survey. Seattle, WA: Addictions, Drug & Alcohol Institute, Department of Psychiatry & Behavioral Sciences, University of Washington, February 2022, https://adai.uw.edu/syrin eg sitrvgy-2021/. Ordinance No. 21- Page 4 of 4 Rev 1/21 COUNCIL MEETING DATE: April 19, 2022 ITEM #: / b 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: N/A MEETING DATE: N/A CATEGORY: ❑ Consent ® Ordinance ❑ Public Hearing ® City Council Business ❑ Resolution ❑ Other STAFF g REPORT BY: Keith Niven, Planning Mana er 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: N/A MAYOR APPROVAL: iIRECTOR APPROVAL: I z'22 Committee • C nci! Initial/Date Initia]/Date Inilialmat COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION(S): FIRST READING OF ORDINANCE (APRIL 19, 2022): "1 move to forward approval of the proposed ordinance to the May 3, 2022 Council Meeting for enactment. " SECOND READING OF ORDINANCE (MAY 3, 2022): "1 move approval of the proposed ordinance. " {BEL0W TO 8E CO MPLETED 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: April 6, 2022 TO: City Council VIA: Jim Ferrell, Mayor FROM: Brian Davis, Community Develoynment Director 64-- Keith Niven, Planning Manager UW -- 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. The Land Use & Transportation Committee met to discuss the proposed amendments in this ordinance as well as additional amendments to Title 18, Subdivisions at the April 4, 2022 meeting. Following a discussion of the broader package of code amendments, the Committee recommended forwarding most of the proposed amendments, with some minor modifications, to the City Council for first reading. However, the amendments related to Title 18, Subdivisions were recommended to be forwarded to the City Council for further discussion. As a result, staff split the proposed amendments to Title 18, Subdivisions, into a separate ordinance. The ordinance here contains all of the originally proposed amendments except for those related to Title 18, Subdivisions. Each amendment and the purpose for that amendment is identified below. Proposed Code Amendments_(P_urpn_se_); Proposed amendments include: 1. SEPA 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 fof 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 Rev. 6/2020 April 6, 2022 City Council 2021 Various Code Amendments & Code Cleanup Page 2 2. 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. 3. 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. 4. 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. 5. 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". 6. 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". 7. 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. April 6, 2022 City Council 2021 Various Code Amendments & Code Cleanup Page 3 8. 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. 9. Unrelated Persons (19.05.060 FWRC) 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. 10. 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 1st 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 Plannin_g 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. April 6, 2022 City Council 2021 Various Code Amendments & Code Cleanup Page 4 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: 1. 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/ 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 April 6, 2022 City Council 2021 Various Code Amendments & Code Cleanup Page 5 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 and development costs for permitting activities; 2) they provide clarifications for currently -ambiguous code sections 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: The Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide staff direction. 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, 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, 90-631, 92- 133, 93-170, 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, 09-604, 09-605, 09-594, 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, 1�-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 77 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 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 77 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 77 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. 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. EDPI 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 77 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 5 of 77 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 libmfyon the cily web a e. (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)(-1}) based on local conditions: Ordinance No. 22- Page 6 of 77 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 1;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 14.15.0300), the following shall 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 F)VRC, , 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). N 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 gxading_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 ffadWg activities. The No Further Action document Ordinance No. 22- Page 7 of 77 Rev 1/22 LU shall be submitted to the city Department of Community Development prior to issuance of any certificate of occupancy, (elk the event that a future development project is proposed on or immediately surrounding a site containing a known archaeological resource. as defined in Cha ter 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 resources . Under Chapter 27.53 RCW. a Rermit must be obtained fi-om the Department of Archaeology and Historic Preservation (DAHP) prior to distwbing 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 measuring or mitigating impacts. (e) Developers and property owners shall inunediately 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). (f) If impacts cannot be avoided on a historic resource that is determined eligible for listing on either state or national historic registers. the a licant shall consult with DAHP regarding mitigation options and shall provide documentation of the consultation to the city. Ordinance No. 22- Page 8 of 77 Rev 1/22 LU (g) To include ❑AHP in the review of historic_ properties within the infill exemption area. the city will notify the State Historic Preservation Officer (SHPO) regardin gproposals involving eligible or designated historic properties through the evaluation of proposals consistent with Chapter 19.285 FWRC. (3) For M project considered exempt under FWRC 14.15.030(1) that contains any 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. (4-2) 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 minor 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 sewage 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 77 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 19.05.010 is hereby amended to read as follows: 19.05.010 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. "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 i , or- puTese=to 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 tile_principal structure on the subject pro e . See FWRC 19.265.010. Ordinance No. 22- Page 10 of 77 Rev 1/22 LU YL.�v x�l��a■[±�SS�1l�M��a��lR[S�h>L.f l4�ial t[��1.19Yii+[�r:f rrl+�S Ki.iRY[� Saar �.iR s.�i�3��aii Siiirri [' IaY!•/\mil Y�i�rri�\�fY♦R ri�f�r[�r�'irrr•�r•i�f ••r�[\�fas�R. him "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. Ordinance No. 22- Page 11 of 77 Rev 1 /22 LU "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 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 Ordinance No. 22- Page 12 of 77 Rev 1 /22 LU 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 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." Ordinance No. 22- Page 13 of 77 Rev 1 /22 LU "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. "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, Ordinance No. 22- Page 14 of 77 Rev 1/22 LU 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. AIIOW 4 Buildi, Heigh Lowest Reference Highest Seunion datum(ABE) 9eudion "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 7. 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 Ordinance No. 22- Page 15 of 77 Rev 1 /22 LU 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 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. Ordinance No. 22- Page 16 of 77 Rev 1 /22 LU "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. "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. Ordinance No. 22- Page 17 of 77 Rev 1/22 LU (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. (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. Ordinance No. 22- Page 18 of 77 Rev 1 /22 LU (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 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. U 3, "Dwelling unit Accessory dwelling unit (ADU)" means a dwelling unit that is accessory 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, Ordinance No. 22- Page 19 of 77 Rev 1 /22 LU (b) 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 ADU. Section 8. 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. "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 liviny_ 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 inc_lude_minors_dgpendent 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 Iiving arrangement, or is instead a fi•amework for transient living; (6) Whether occupants maintain a stable composition that does not change for year to year, or within the year; Ordinance No. 22- Page 20 of 77 Rev 1/22 LU ()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.an individual; a group of not mEwe than five "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 - Ordinance No. 22- Page 21 of 77 Rev 1/22 LU 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 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. Ordinance No. 22- Page 22 of 77 Rev 1/22 LU "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; (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; IM (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. Ordinance No. 22- Page 23 of 77 Rev 1 /22 LU "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 9. FWRC 19.05.130 is hereby amended to read as follows: 19.05.130 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. "Major transit stop" means a stop on a high capacity transportation system; commuter rail stop stops on rail or fixed guideway system, including transitwa, s�pson bus rapid transit routes Or routes that run on high occupancy vehicle lanes: or, stops for a bus or other transit mode providing actual fixed route service at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekday "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. Ordinance No. 22- Page 24 of 77 Rev 1 /22 LU (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; 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. Ordinance No. 22- Page 25 of 77 Rev 1/22 LU "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. "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 10. FWRC 19.05.190 is hereby amended to read as follows: 19.05.190 S definitions. Ordinance No. 22- Page 26 of 77 Rev 1/22 LU "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 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 Ordinance No. 22- Page 27 of 77 Rev 1 /22 LU 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. (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.") Ordinance No. 22- Page 28 of 77 Rev 1/22 LU fl �- f pNrwsnvl Yew SOe '/�. Figure 1 - Awning or Canopy Sign (5) "Banner" means a sign made of any nonrigid material with no enclosing framework. (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." Ordinance No. 22- Page 29 of 77 Rev 1/22 LU (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 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. Ordinance No. 22- Page 30 of 77 Rev 1 /22 LU (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." 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. Ordinance No. 22- Page 31 of 77 Rev 1/22 LU (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. (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. Ordinance No. 22- Page 32 of 77 Rev 1 /22 LU (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. (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 Ordinance No. 22- Page 33 of 77 Rev 1 /22 LU 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.) (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 34 of 77 Rev 1 /22 LU SIGN 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 35 of 77 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 36 of 77 Rev 1/22 LU G+r+o+c+e+r+y . Sign Area or THEATER VIDEO SHOES I •c' DELI I 'e' a x ( b+c+d+e ) m Slyn 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 37 of 77 Rev 1/22 LU v..i.isi2ir�ic.:e��iia "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 38 of 77 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 39 of 77 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 40 of 77 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 41 of 77 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 11. 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 42 of 77 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 pWlie hearing. Section 12. 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 36.7013.060 and 36.70B.I10 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 initiallanduse decisionand the Any appeals of the director's decision will be decided by the hearing examiner after an arpealhearing. Section 13. FWRC 19.65.010 is hereby amended to read as follows: 19.65.010 Process III generally. Ordinance No. 22- Page 43 of 77 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 v411-1s authorized to make the eland use decision appeals of e4her—the director's decision will be decided by the hearing examiner after an appeal shearing. Section 14. 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. Lei • .�P".F- ■ .irr�!}�S!'Et1E�!"lSl.�:!"!:lZfRse�s�i .� ..... rarrrrs!�+rrr a.�ILIM. arsre�. I.ia�wa�r•�4�.... ins •l..i�Y�YY •. �.•l�SY�•'l Y�YIII Wl i.1.'iRR �l�i�i��li 1R�JTlT��i.nsl t..�is LR li��iR 1�SliR �19Y�711t1J�1 A11 applications for Ordinance No. 22- Page 44 of 77 Rev 1 /22 LU commercial office, industrial institutional and multi -family residential development, including a lications 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 15. FWRC 19.70.100 is hereby amended to read as follows: 19.70.100 Publ"Hearing. (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 theseper-sons entilWpA!jies 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 45 of 77 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 16. FWRC 19.70.120 is hereby amended to read as follows: 19.70.120 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 17. FWRC 19.80.050 is hereby amended to read as follows: 19.80.050 City council review. (1) Docketed proposals,,planl&77g 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, cifl, 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 46 of 77 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 reconunendation 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 47 of 77 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. (34) 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 18. FWRC 19.80.080 is hereby amended to read as follows: 19.80.080 Prioritizing docketed proposals. (1) Prior to adopting any docketed proposals, the eity eeutwflplanning commission shall hold a setmei4-un blic meeting and will st -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 ek� raeuneilplanning 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 , . is consistent with the Planning Goals of the Growth Management Act RCW 36.70A.020. Ordinance No. 22- Page 48 of 77 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. (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 for adoption, and shall forward those ems -selected 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 49 of 77 Rev 1 /22 LU Section 19. FWRC 19.80.170 is hereby amended to read as follows: 19.80.170 Notice. Notice provisions under this section shall be followed for the city Q011neillplanning commission meeting during which the docketed proposals are reviewed and pr4e itimd by the eity cotmeilas 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, for- A4ieh ., ...ublie healing VAI' 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 cry �splanning 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 50 of 77 Rev 1/22 LU Section 20. 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 51 of 77 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. 2 Figure 16 - FWRC 19.115.030(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 19.115.0900) Ordinance No. 22- Page 52 of 77 Rev 1 /22 LU (1) Common recreational spaces shall be located and arranged so that windows overlook them. i '.r 1� Figure 18 - FWRC 19. 11 5.090(l) (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 53 of 77 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. 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 54 of 77 Rev 1/22 LU (2) Office park (OP), ee -po ,te park ((;P), 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 SS of 77 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 56 of 77 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 57 of 77 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 58 of 77 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 21. 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 59 of 77 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 60 of 77 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; and Car-ponate Parl�CP-4. Ordinance No. 22- Page 61 of 77 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 22. FWRC 19.125.130 is hereby amended to read as follows: 19.125.130 Electrified fences. Electrified fences are not permitted in the eity, except as 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 62 of 77 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 i-s-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, injunction 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 Uses. (24) Other than as stated in subsection (1) of this section, an electrified fence must meet the following requirements, orequivalent standards as determined by the director: Laahbe located at least 446 inches inside of another wood fence or solid wall at least 6 feet in height 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 23. FWRC 19.195.180 is hereby amended to read as follows: 19.195.180 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 63 of 77 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 ILot Lot Height of Parking Process ;size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND 8 C* INOTES Accessory dwelling None See 30 10 10 See 30 fL 1 1. An accessory dwelling unit unit (ADU) in note ft. ft, ft. note 2 above parking (ADU) shall meet the definition single-family 1 average space outlined in FWRC 19.05.010, residences building Minimum lot size for ADUs is elevation _0 based upon the minimum lot within size for the existing primary 114 mile dwelling unit as set forth in of FWRC 19.195.010. maior 2. Only one ADU may be created transit per subject property. The ADU, stop accessory structures and the primary dwelling unit together See shall not exceed the maximum note 13 lot coverage prescribed in FWRC 19.195.010, 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, 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, Ordinance No. 22- Page 64 of 77 Rev 1 /22 LU USE ZONE CHART DIRECTIONS: FIRST, read down to find use.. . THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Require SC+ Review Lot Lot (Height of Parking Process Size Front Side Rea Coverage'Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND NOTES 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. 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. B. 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. fl PEA„ ylan le .:a Be song an ADY. 499. Application for an ADU permit shall be made to the department of community development services in accordance with the permit procedures adopted by the Ordinance No. 22- Page 65 of 77 Rev 1 /22 LU USE ZONE CHART DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required t cqun ed SE USE REGULATIONS Review Process Lot Size Front Side teach Rear Lot Coverage Height of Structure (Parking 'Spaces SPECIAL REGULATIONS AND 4 NOTES 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, 140. For sign requirements that apply to the project, see Chapter 19.140 FWRC. 121. ADUS are not permitted on cluster subdivision lots under RAiRC 18.55.040(7). 132. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC, 13. The director may require the prouisionof 1 off-street parking space for an accessory dwelling unit located within one-ouarter mile of arnajoitranst stop if the director has determined the accessory dwelling unit is Ordinance No. 22- Page 66 of 77 Rev 1 /22 LU FUSE ZONE CHART DIRECTIONS: FIRST, read down to find use .. , THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards Required Required SC' Review Lot Lot Height of Parking Process 'Size FrontSide Rear Coverage Structure Spaces USE REGULATION (each] SPECIAL REGULATIONS AND b NOTES located in an area without access to available street Parking within 800 feet of the Property. Process I, Il, III and IV are described in For other information about Chapter 19.55 FNfRC, parking and parking areas, see Chapter 19.60 FWRC, Chapter 19.130 FWRC. Chapter 19.65 FWRC, Chapter 19.70 FWRC For details of what may exceed this height limit, see PAIRC 19.110.050 et seq. For details regarding required yards, see FWRC 19.125.1tiQ et seq. (Ord. No. 10-651, § 3, 4-6-10; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 01-381, § 3, 1-16-01; Ord. No. 97-291, § 3, 4-1- 97; Ord. No. 95-245, § 3(c), 11-21-95. Code 2001 § 22-613.) Section 24. 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: Ordinance No. 22- Page 67 of 77 Rev 1/22 LU USE ZONE CHART ]DIRECTIONS: FIRST, read down to find use ... THEN, across for REGULATIONS Minimums Maximums ZONE Required Yards IReq u i red Required R s (Review (Lot Lot Height of Parking (Process 'Size (Front Side Rear Coverage Structure Spaces USE REGULATION each (each) SPECIAL REGULATIONS AND f p NOTES Accessory dwelling None See In RS 35.0 See 30 ft. 1 1. An accessory dwelling unit unit (ADU) in note zones: note 2 above parking (ADU) shall meet the definition single-family 1 average space outlined in FWRC 19.05.010, 20 10 10 residences building Minimum lot size for ADUs is ft, ft, ft. elevation 0 based upon the minimum lot Otherwise: within size for the existing primary 1/4mile dwelling unit as set forth in 20 See S FWRC 19.200.010. of ft, note ft major 2. Only one ADU may be created 4 transit per subject property. The ADU, stop accessory structures and the primary dwelling unit together See shall not exceed the maximum note 14 lot coverage prescribed in FWRC 19.200.01 Q, 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, 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. Ordinance No. 22- Page 68 of 77 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 R S Review Lot Lot Height of Parking Process Size FrontSide iRear Coverage Structure Spaces USE REGULATIONS •(each) SPECIAL REGULATIONS AND f ❑ NOTES 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 comer 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 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 Ordinance No. 22- Page 69 of 77 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 iReview Lot Lot Height of parking (Process Size Front Side Rear Coverage Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND f p NOTES and similar nonliving areas. The unit shall have no more than two bedrooms. S9. A�Stra thafl B Single h. ek 1 PI 1 104. 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 IGng 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. 112. For sign requirements that apply to the project, see Chapter 19.140 FWRC, 12-3. ADUs are not permitted on cluster subdivision lots under FWRC 18.55.040(7) orwithin cottage housing under Chapter 19.250 FWRC, Ordinance No. 22- Page 70 of 77 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 (Lot (Height of Parking Process Size Front Side Rear Coverage 'Structure Spaces USE REGULATIONS (each) SPECIAL REGULATIONS AND f ❑ NOTES 134. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC. 14. The director may require the provision of 1 off-street parking space for an accessory dwelling unit located within one -quarter mile of a major transit stop if the director has determined the accessory dwelling unit is 3 in an area without access to available street oarki g within $00 feet of the Property. For other information about Process I, II, III and IV are described in parking and parking areas, see Chapter 19.55 FWRC, Chapter 19.130 FWRC. Chapter 19.60 FWRC, Chapter 19.65 FWRC, Chapter 19.70 FWRC respectively. 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. (Ord. No. 10-651, § 4, 4-6-10; Ord. No. 07-545, § 3(E*)�, A), 1-2-07; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 01-381, § 1 1-16-01; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 95-245, § 3(d), 11-21-95. Code 2001 § 22-648.) Section 25. FWRC 19.260.055 is hereby amended to read as follows: 19.260.055 Chickens and ducks. 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. Ordinance No. 22- Page 71 of 77 Rev 1/22 LU (2) Pens, structures and enclosures. A suitable pen, structure or enclosure to house the animals shall be provided per- -designs a,-,pf!ayed by the dire to 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 and Section 26. 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. Ordinance No. 22- Page 72 of 77 Rev 1/22 LU (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. 19.269055(` 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. Section 27. FWRC 19.265.010 is hereby amended to read as follows: 19.265.010 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, Ordinance No. 22- Page 73 of 77 Rev 1/22 LU 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 heipht and square foots es limits. The height of accessory buildings and structures may not be taller than the primary building or structure regardless of the building hei t allowed by the zone. Both ,etal gross floor area and f etpr-in! of a The total gross square footage of the accessory building must also be less than the total gross €ee#pfirrts uare foota e of the principal building on the subject property, r-espeefivel• (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 28. 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 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. Ordinance No. 22- Page 74 of 77 Rev 1 /22 LU (3) Permit requirements. Prior to constructing or operating an ADU_ 9 rp apert�owners �g to eeaswaet ands r operate a ADU shall be itquired to shall apply for and obtain an ADU permit from the department of community development ser-v s, 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, without limitation, the requirement for the property owner to immediately abate or discontinue such ADUs. Ordinance No. 22- Page 75 of 77 Rev 1 /22 LU Section 29. FWRC 18.45.060 is hereby repealed in its entirety. Section 30. 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 31. 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 32. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 33. 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 76 of 77 Rev 1/22 LU CITY OF FEDERAL WAY: JIM FERRELL, MAYOR ATTEST: STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 77 of 77 Rev 1/22 LU COUNCIL MEETING DATE: April 19, 2022 ITEM #: 9 C CITY OF FEDERAL WAY CITY COUNCIL AGENDA BILL SUBJECT: ORDINANCE: MODIFICATIONS TO TITLE 18 FWRC, SUBDIVISIONS POLICY QUESTION: Should the City Council amend Title 18 (Subdivisions) relating to Final Plat approvals and Plat Alterations? COMMITTEE: N/A MEETING DATE: N/A 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. 3. Remand to LUTC for further discussion. MAYOR'S RECOMMENDATION: N/A MAYOR APPROVAL: Committee Initial/Date COMMITTEE RECOMMENDATION: N/A PROPOSED COUNCIL MOTION(S): Initial/Date DIRECTOR APPROVAL: f /2 19, initiat(Date FIRST READING OF ORDINANCE (APRIL 19, 2022): "I propose to forward the proposed ordinance to the May 3, 2022 Council Meeting for approval and enactment. " SECOND READING OF ORDINANCE (MAY 3, 2022): `1 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: April 6, 2022 TO: City Council VIA: Jim Ferrell, Mayor < FROM: Brian Davis, Community Devek)nm nt Director Keith Niven, Plarming Manager W_ SUBJECT: Modifications to Title 18 FWRC, Subdivisions 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. The Land Use & Transportation Committee met to discuss the proposed amendments in this ordinance as well as additional amendments to various sections of the FWRC at the April 4, 2022 meeting. Following a discussion of the broader package of code amendments, the Committee recommended forwarding the two proposed amendments addressed in this ordinance to thq City 'Council for further discussion. As a result, staff split the proposed amendments to Title 18, Subdivisions, into this separate ordinance for consideration by Council. Each amendment and the purpose for that amendment is identified below. Proposed Code Amendments (Purpose): Proposed amendments include: 1. Final Plat (18.40.050 FWRC) The final plat review process ensures that all conditions of approval of the preliminary plat have been satisfied. This review also ensures that private and public improvements have been completed or performance guarantees have been secured, maintenance guarantees (such as bonds) secured, and the appropriate legal recordings have been completed. 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 approval Rev. 6/2020 April 6, 2022 City Council Modifications to Title 18 FWRC, Subdivisions Page 2 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. 2. 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. 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 1st 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 April 6, 2022 City Council Modifications to Title 18 F"C, Subdivisions Page 3 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 decisional criteria for development regulation amendments. The following section analyzes compliance of the proposed code amendments with the criteria provided in 19.80.130. The city may amend the text of the FWRC only if it finds that: 1. The proposed amendments are consistent with the applicable provisions of the comprehensive plan. The proposed FWRC code 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/ 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. 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 code amendments do not limit the rights of property owners as they will offer increased efficiencies for permit applicants and reduce staff processing work. 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 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 April 6, 2022 City Council Modifications to Title 18 FWRC, Subdivisions Page 4 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: The Council may: 1. Adopt the ordinance; or 2. Do not adopt the ordinance and provide staff direction. ORDINANCE NO. AN ORDINANCE of the City of Federal Way, Washington, relating to code amendments to Title 18 (Subdivisions); amending FWRC 18.40.050, 18.45.040, 18.45.050, and 18.45.070. (Amending Ordinance Nos. 07-554, 97-291, 93-191, and 90-41) WHEREAS, counties and cities that are required to plan under the Growth Management Act ("GMA"), Chapter 36.70A of the Revised Code of Washington ("RCW"), must ensure that their comprehensive plans and development regulations encourage- the availability of affordable housing to all economic segments, encourage economic development, and encourage timely and fair processing of development permits; and WHEREAS, the Federal Way Comprehensive Plan directs the city to provide for expeditious and efficient development, land use practices that reduce housing costs, and a regulatory environment that facilitates growth of the local economy; and WHEREAS, Title 18 of the Federal Way Revised Code establishes procedures for the review and approval of final plats and plat alterations; and WHEREAS, the Federal Way City Council currently is the authorized decision maker to approve or disapprove a final plat or plat alteration application; and WHEREAS, Senate Bill 5674, approved by the Washington State legislature in the 2017 Regular Session and signed into law by Washington State Governor Jay Inslee on April 27, 2017, authorizes a local legislative authority to adopt an ordinance delegating final plat approval to an established planning commission or agency, or administrative personnel and became effective on July 23, 2017; and Ordinance No. 22- Page I of 11 Rev 1/22 LU WHEREAS, the City Council has the authority to amend provisions of the Federal Way Revised Code related to the review and approval procedures for final plats and plat alterations; and WHEREAS, Federal Way seeks to fairly, efficiently, and expeditiously facilitate the development of additional housing opportunities for existing and future residents of the city; and WHEREAS, the City seeks to ensure that government resources are wisely and efficiently used in the administration of planning and land use functions; and WHEREAS, added time and cost in the final plat and plat alteration processes can create unintended risks and uncertainty for homebuilders and developers; and WHEREAS, unnecessary delay in the final plat and plat alteration approval processes can result in additional housing costs and fewer housing choices for existing and future residents of the city; and WHEREAS, the code amendments in this ordinance streamline the final plat approval process by delegating final plat approval to the director of Community Development; and, by delegating plat alteration approval to the city's hearing examiner; 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 11 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. 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 reducing the processing and inefficiencies currently found in certain development applications. (c) These code amendments comply with Chapter 36.70A RCW, Growth Management. (d) These code amendments are consistent with the intent and purpose of Title 18 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. (f) These code amendments have followed the proper procedure required under the FWRC. Ordinance No. 22- Page 3 of 11 Rev 1 /22 LU 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. 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. (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. (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 seek to use governmental resources efficiently. Section 3. 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 Ordinance No. 22- Page 4 of 11 Rev 1/22 LU deyelopmel7} 4r . r rvy 4rL� ti'1Vr1111V i11 JVl vriV4 ] J eouneil -- .,pperV l. w"a'After considering all the information and corc7ments submitted on the f.L matter, the director shall issue a written decision within the time limits provided in FWRC 18.40.030. (2) The eity eotineil, in a -public ineetiLS4, 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 city ea-i—m-e-41direct0r makes such findings, then the plat shall be approved 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 Ordinance No. 22- Page 5 of 11 Rev 1/22 LU 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 city's records. One reproducible eepy shall be fttmished te !he eity. One paper- eepy shall be filed the e"Fity . 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 4. 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'. the a' eter- of.,,,.,..,,.,,,.,;;-. development serviee%that the plat alteration application is complete and that all pertinent requirements to the environmental policy, FWRC 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 Ordinance No. 22- Page 6 of 11 Rev 1 /22 LU 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 5. 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 sen,,iees 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. (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 Ordinance No. 22- Page 7 of 11 Rev 1/22 LU 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; (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. Ordinance No. 22- Page 8 of 11 Rev 1/22 LU (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 6. 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 ^hearing examiner shall constitute conditional acceptance of subdivision layout and design and shall include all conditions, restrictions and other requirements adopted �"' =f as part of plat alteration approval. e-Hearing 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 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. eettneil approval, unless the applicant requests an extension from the heafing Ordinance No. 22- Page 9 of 11 Rev 1/22 LU exawiifteF�jty. The request for extension must be submitted to the department of community development sees —at least 60 days prior to the expiration date of the conditional plat alteration. - - - heaFiiv in aeeefdaiiee -with FAIR`' ' 8.3S.; OO. In considering whether to grant the extension, the h ng examine director shall consider the following i h ,.ublie fea f:a (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 irector 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 7. Severabilj!y. 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 S. 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. Ordinance No. 22- Page 10 of 11 Rev 1/22 LU Section 9. Ratification. Any act consistent with the authority and prior to the effective date of this ordinance is hereby ratified and affirmed. Section 10. 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. ATTEST: CITY OF .FEDERAL WAY: JIM FERRELL, MAYOR STEPHANIE COURTNEY, CMC, CITY CLERK APPROVED AS TO FORM: J. RYAN CALL, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO.: Ordinance No. 22- Page 11 of 11 Rev 1/22 LU