Except as specified in FWRC 19.40.030, every applicant for a development permit must undergo a preapplication conference under this chapter and is subject to the provisions of this chapter. Development permit applications subject to the provisions of this chapter shall not be accepted by the director of community development services unless the applicant or the applicant’s representative has requested and attended a preapplication conference.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1651.)

The preapplication conference has the following purposes:

(1) To generally acquaint the applicant with the applicable requirements of this Code and other law. However, the conference is not intended to provide an exhaustive review of all the potential legal and/or code-related issues that may arise during subsequent review of a development permit application. The preapplication review shall not prevent the city or other agencies from applying all relevant laws to the application; and

(2) To acquaint city and other agency staff with a sufficient level of detail about the proposed development in order to assist them in reviewing the application when received.

The quality, accuracy, and depth of information provided by the city at the time of the preapplication conference is substantially dependent on the quality, accuracy, and completeness of information submitted for the preapplication conference.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1652.)

The following actions are exempt from the provisions of this chapter:

(1) Development proposals and permits listed in FWRC 19.15.010(3)(b). Preapplication conferences for such proposals and permits are optional. Optional preapplication conferences will be scheduled by the director on a time-available basis.

(2) Projects that are granted a written waiver by the director of community development services based on the following procedure:

(a) The applicant submits a written request to the director of community development services for a waiver from the requirement to undergo a preapplication conference based on one or more of the following criteria:

(i) The simple nature of the proposal;

(ii) The project would be severely impacted by the preapplication process due to time or financial constraints outside the control of the applicant;

(iii) The site has previously undergone preapplication, site plan or other land use review for the same or similar development proposal and it is unlikely further preapplication review will provide any benefit to the city or applicant;

(iv) The director determines preapplication review is not in the best interest of the city or applicant.

(b) The applicant is advised in writing that waiver of preapplication review increases the risk of the application being incomplete or that the processing time will be increased.

(Ord. No. 07-573, § 50, 12-4-07; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1653.)

The director of community development services shall coordinate the involvement of city and agency staff responsible for development review including planning, building, fire, utilities, roads, drainage, parks, and other subjects, as appropriate, in the preapplication review process. Relevant staff shall attend the preapplication conference or shall take other steps to fulfill the purposes of preapplication review.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1654.)

The mayor is authorized to adopt administrative guidelines to implement the provisions of this chapter. These administrative guidelines will be used in the preapplication review and have the full force and effect as if they were set forth in this title, and shall be on file in the department of community development services.

(Ord. No. 10-669, § 67, 9-21-10; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1655.)

(1) Who may apply. Any person may, personally or through an agent, apply for a conference.

(2) How to apply. The applicant shall file a completed application and any required fee with the department of community development services on the form provided by the department. Any fee imposed will be credited toward the application fee at time of formal application. The applicant shall also provide any information or material that the director of community development services determines is reasonably necessary to conduct a preapplication conference. A complete list of preapplication submittal requirements shall be prepared by the director and maintained on file with the city.

(3) Director authority. The director may modify requirements for preapplication materials and may conduct a preapplication review with less than all of the required information. However, failure to provide all of the required information may prevent the city from identifying all applicable issues or providing the most effective preapplication review.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1656.)

(1) Scheduling of preapplication conference. Within five working days after receipt of a complete preapplication, the department of community development services shall notify the applicant of the date, time, and location of the preapplication conference.

(2) Preapplication meeting summary. The department shall mail the applicant and other parties a written summary of the preapplication review. The written summary shall provide the following information to the extent possible given the information provided by the applicant:

(a) Summarize the proposed applications;

(b) Identify relevant city approval procedures, decisional criteria and development standards;

(c) Evaluate information the applicant submitted and identify specific modifications or additional information that is needed to respond to relevant criteria and standards or is recommended to respond to other issues;

(d) Identify applicable application fees and time frames;

(e) Identify information relevant to the application that may be in the possession of the city or other agencies of which the city is aware, such as:

(i) Comprehensive plan map designation and zoning;

(ii) Environmentally sensitive areas;

(iii) Public facilities and services that will serve the site and relevant service considerations;

(iv) Other development permit applications already on file with the department of community development services and which may affect or be affected by the proposed development; and

(v) Requirements for a complete application.

(3) Subsequent request for preapplication review. An applicant may submit a written request for subsequent preapplication conference for the same site or project at any time. A request for subsequent preapplication review shall be subject to the same submittal requirements and procedures outlined in this chapter including payment of all required application fees.

(4) Expiration. Preapplication review does not vest an application. A new request for or waiver of preapplication review shall be filed unless the applicant submits a complete development application substantially similar to the subject of the preapplication review within one calendar year after the preapplication conference or after approval of waiver of preapplication review.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1657.)

A preapplication conference shall not be construed to constitute acceptance, approval, conditional approval, denial, public notice, or any other decision or action whatsoever nor shall it affect in any way the city’s authority under other provisions of this title.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1658.)

Regardless of any preapplication conference or any subsequent review, approval, inspection, or other actions of the city, it is the responsibility of the applicant to ensure that all work, actions, or conditions on the subject property complies with the Federal Way Revised Code, other applicable laws, and any permits and/or approvals granted concerning the subject property.

(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-1659.)

The city will use process IV, Chapter 19.70 FWRC, to review and decide upon an application for a variance, with the exception of an administrative variance pursuant to FWRC 19.45.015, in which case the city will use process III, Chapter 19.65 FWRC.

(Ord. No. 16-812, § 3, 1-19-16; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(120.10), 2-27-90. Code 2001 § 22-196.)

(1) Scope. The community development director may grant a variance that does not exceed 25 percent of the measurable standard.

(Ord. No. 20-898, § 11, 10-20-20; Ord. No. 16-812, § 4, 1-19-16.)

In addition to the application materials required in Chapter 19.65 FWRC or Chapter 19.70 FWRC, the applicant shall submit a completed application on the form provided by the community development department, along with all of the information listed on that form.

(Ord. No. 16-812, § 5, 1-19-16; Ord. No. 90-43, § 2(120.15), 2-27-90. Code 2001 § 22-197.)

The city may grant the variance only if it finds all of the following:

(1) That the variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone in which the subject property is located.

(2) That the variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property to provide it with use rights and privileges permitted to other properties in the vicinity and zone in which the subject property is located.

(3) That the granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located.

(4) That the special circumstances of the subject property are not the result of the actions of the owner of the subject property.

(Ord. No. 90-43, § 2(120.20), 2-27-90. Code 2001 § 22-198.)

The city may grant a variance to any of the provisions of this title except:

(1) The city may not grant a variance to any provision establishing the uses that are permitted to locate or that may continue to operate in any zone;

(2) The city may not grant a variance to any of the provisions of this chapter;

(3) The city may not grant a variance to any of the procedural provisions of this title; and

(4) The city may not grant a variance to any provision that specifically states that its requirements are not subject to variance.

(Ord. No. 90-43, § 2(120.25), 2-27-90. Code 2001 § 22-199.)

Cross references: Requirements for drainage review, Chapter 16.25 FWRC; enforcement and voiding of variances, permits, decisions or approvals to be made as if those provisions were part of this chapter and pursuant to this section, FWRC 19.05.300.

A decision by the director of community development as to the meaning, application or intent of any development regulation or procedure in this title is known as an “interpretation.” An interpretation may be requested in writing by any person or may be initiated by the director of community development. This chapter establishes the procedure and criteria that the city will use in deciding upon a written request to interpret the provisions of this title and in issuing any other written interpretation of this title. The interpretation of the provisions of a concomitant agreement will be treated as an interpretation of this title. Any appeals of an interpretation by the director of community development under this chapter may be appealed to the city’s hearing examiner as provided for in this chapter.

(Ord. No. 09-594, § 29, 1-6-09; Ord. No. 00-375, § 10, 10-3-00. Code 2001 § 22-345.)

An interpretation of the provisions of this title clarifies conflicting or ambiguous application, wording, scope, or intent of the provisions of this title. An interpretation of the provisions of this title may not be used to amend this title.

(Ord. No. 09-594, § 30, 1-6-09; Ord. No. 00-375, § 10, 10-3-00. Code 2001 § 22-346.)

(1) Who may apply. Any person, personally or through an agent, may make application for an interpretation.

(2) How to apply. The applicant shall file a completed master land use application along with a written description which at a minimum clearly states:

(a) The interpretation requested;

(b) The applicable Federal Way Revised Code section(s) which the applicant requests the director to interpret; and

(c) Relevant information and arguments which support the requested interpretation.

(3) Fee. With the application, the applicant shall submit the fee established by the city. The application shall not be accepted unless it is accompanied by the required fee.

(4) Director authority. The director may modify the submittal requirements as deemed appropriate.

(5) Routing of application. An application for an interpretation shall be routed to the director. The director may route for comment an application for an interpretation to other staff members or departments.

(Ord. No. 09-594, § 31, 1-6-09; Ord. No. 01-399, § 3, 8-7-01; Ord. No. 00-375, § 10, 10-3-00. Code 2001 § 22-347.)

The director may, acting on his or her own initiative or in response to a written application, issue interpretations of any of the provisions of this title.

(1) Applicability. A code interpretation must be requested prior to a land use decision to which the request relates. Any code interpretation requested after a land use decision shall not affect an issued permit or decision.

(2) Criteria. The director shall base an interpretation on:

(a) The defined or the common meaning, as applicable, of the words in the provision;

(b) The general purpose of the provision as expressed in the provision; and

(c) The logical or likely meaning of the provision viewed in relation to the comprehensive plan, this title, the Federal Way Revised Code as a whole, or other plans and studies prepared or adopted by the city.

(3) Timing. The director of community development shall issue an interpretation within 28 days of having received a request, unless otherwise agreed by the director and the requestor.

(4) Effect. An interpretation of this title will be enforced as if it is part of this title.

(5) Interpretation file and availability. The director of community development shall maintain an interpretation file that contains all interpretations of this title that are in effect. The interpretation file shall be available for public inspection and copying in the department during regular business hours.

(6) Time limitation. An interpretation of the provisions of this title remains in effect until rescinded in writing by the director of community development or until the subject text of this title has been amended.

(Ord. No. 09-594, § 32, 1-6-09; Ord. No. 01-399, § 3, 8-7-01; Ord. No. 00-375, § 10, 10-3-00. Code 2001 § 22-348.)

(1) Applicability. Interpretations issued by the director of community development that are related to a land use or subdivision application shall be incorporated into the director’s decision on the application and be subject to applicable notice provisions for the decision. Interpretations issued by the director of community development that are not related to a land use or subdivision application shall be subject to the notice provisions under this section.

(2) Contents. The director of community development shall prepare a notice of each interpretation that is not related to a land use or subdivision application, containing the following information:

(a) The citation, if any, of the provision(s) of the Federal Way Revised Code that is the subject of the interpretation along with a brief description of the subject provision(s).

(b) A summary statement of the interpretation of the affected provision.

(c) The date of the interpretation.

(d) A statement of the availability of the official file.

(e) A summary of the rights, as established in this chapter, of any person to submit an appeal of the interpretation.

(f) The deadline for filing appeals of the interpretation.

(3) Distribution. Upon issuance of the interpretation, the director of community development shall distribute this notice of the interpretation as follows:

(a) A copy of the notice of the interpretation shall be published in the official newspaper of the city.

(b) A copy of the notice will be posted on the city website.

(c) A copy of the notice will be mailed to the person who filed the written request.

(Ord. No. 20-898 § 12, 10-20-20; Ord. No. 09-594, § 33, 1-6-09; Ord. No. 00-375, § 10, 10-3-00. Code 2001 § 22-349.)

(1) Any person who is aggrieved by an interpretation issued by the director may appeal that interpretation.

(2) A written notice of appeal must be delivered to the department of community development services within 14 calendar days after issuance of the decision of the director. The notice of appeal must indicate how the interpretation affects the appellant and present any relevant arguments or information on the correctness of the interpretation. The notice of appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city.

(3) Appeals are governed by process IV.

(4) If the interpretation of the director is modified after an appeal, the director shall:

(a) Place the modifying decision in the interpretation file; and

(b) Issue an new interpretation as modified.

(Ord. No. 09-594, § 34, 1-6-09; Ord. No. 01-399, § 3, 8-7-01; Ord. No. 00-375, § 10, 10-3-00. Code 2001 § 22-350.)

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 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 hearing.

(Ord. No. 22-932, § 11, 5-3-22; Ord. No. 09-594, § 35, 1-6-09; Ord. No. 07-573, § 11, 12-4-07; Ord. No. 00-375, § 10, 10-3-00; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-351.)

Process I has the following purposes:

(1) To review a proposal for compliance with the provisions of this title and all other applicable law.

(2) To ensure that the health, safety, and welfare of the citizens of the city is preserved.

(3) To provide an expedient and reasonable land use review process for administrative decisions and interpretations of this title.

(Ord. No. 09-594, § 36, 1-6-09; Ord. No. 00-375, § 10, 10-3-00; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-352.)

The director will issue his or her decision within 65 days of the issuance of the notice of completeness under FWRC 19.15.045(1). The director shall mail in a timely manner a copy of his or her decision to the applicant, any person who submitted comments on the application, and any person who requested a copy. The decision shall contain a statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. No other notice is required.

(Ord. No. 25-1008, § 8, 4-1-25; Ord. No. 25-1004, § 4, 2-4-25; Ord. No. 09-594, § 38, 1-6-09; Ord. No. 07-573, § 13, 12-4-07; Ord. No. 00-375, § 10, 10-3-00; Ord. No. 97-291, § 3, 4-1-97. Formerly 22-4. Code 2001 § 22-354.)

(1) Who may appeal. A decision of the director under this process may be appealed by the applicant, any person who submitted written comments or information, any person who has specifically requested a copy of the decision, or the city.

(2) How and when to appeal. A written notice of appeal must be delivered to the department within 14 calendar days after issuance of the decision of the director. The appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city. The notice of appeal must contain:

(a) A statement identifying the decision being appealed, along with a copy of the decision;

(b) A statement of the alleged errors in the director’s decision, including identification of specific factual findings and conclusions of the director disputed by the person filing the appeal; and

(c) The appellant’s name, address, telephone number and fax number, and any other information to facilitate communications with the appellant.

(3) Appeal process. Appeals are governed by process IV.

(Ord. No. 09-594, § 39, 1-6-09; Ord. No. 07-573, § 14, 12-4-07; Ord. No. 01-399, § 3, 8-7-01; Ord. No. 00-375, § 10, 10-3-00; Ord. No. 97-291, § 3, 4-1-97. Formerly 22-5. Code 2001 § 22-355.)

Various places in the Code indicate that certain developments, activities or uses are permitted only if approved using process II. This chapter describes process II.

All commercial, office and industrial development applications subject to the provisions of this chapter, including applications for remodeling and expansion of an existing use, shall also meet the requirements of Chapter 19.115 FWRC, Community Design Guidelines. Process II applications are exempt from the procedural requirements set forth in RCW 36.70B.060 and 36.70B.110 through 36.70B.130. Any process II application not categorically exempt from the State Environmental Policy Act, Chapter 43.21C RCW, shall be reviewed pursuant to process III of this title. If the development, activity, or use that requires approval through process II is part of a proposal that also requires approval through process IV, the entire proposal will be decided upon using process IV, if the director determines that this will result in more efficient decision making.

Under process II, the director is authorized to make the land use decision. Any appeals of the director’s decision will be decided by the hearing examiner after an appeal hearing.

(Ord. No. 22-932, § 12, 5-3-22; Ord. No. 09-594, § 40, 1-6-09; Ord. No. 07-573, § 15, 12-4-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(175.10(1)), 2-27-90. Code 2001 § 22-361.)

Cross reference: Permits, Chapter 19.20 FWRC.

The mayor may appoint one or more employees or other persons working on behalf of the city to perform the functions established under this chapter.

(Ord. No. 10-669, § 68, 9-21-10; Ord. No. 09-594, § 42, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(175.10(3)), 2-27-90. Code 2001 § 22-363.)

The site plan review has the following purposes:

(1) To review a proposal for compliance with the provisions of this title and all other applicable law.

(2) To help ensure that a proposal is coordinated, as is reasonable and appropriate, with other known or anticipated development on private properties in the area and with known or anticipated right-of-way and other public improvement projects within the area.

(3) To encourage proposals that embody good design principles that will result in high quality development on the subject property.

(Ord. No. 09-594, § 43, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-364.)

(1) Applicability. The director may approve an application for site plan review and community design guideline review if it is consistent with the following sets of decisional criteria:

(2) Site plan criteria.

(a) It is consistent with the comprehensive plan;

(b) It is consistent with all applicable provisions of this title;

(c) It is consistent with the public health, safety, and welfare;

(d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal;

(e) The proposed access to the subject property is at the optimal location and configuration for access; and

(f) Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated.

(3) Community design guideline decisional criteria.

(a) It is consistent with site design standards set forth in FWRC 19.115.050 for all zoning districts;

(b) It is consistent with applicable supplemental guidelines set forth in FWRC 19.115.090; and

(c) For development applications for remodeling or expansion of an existing development, it is consistent with those provisions of Chapter 19.115 FWRC, Community Design Guidelines, identified by the director as being applicable.

(Ord. No. 09-631, § 4, 11-3-09; Ord. No. 09-594, § 44, 1-6-09; Ord. No. 07-573, § 17, 12-4-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(175.10(4)), 2-27-90. Code 2001 § 22-365.)

The mayor is authorized to adopt administrative guidelines to implement the provisions of this chapter. These administrative guidelines will be used in the site plan review and have the full force and effect as if they were set forth in this title, and shall be on file in the department.

(Ord. No. 11-684, § 12, 1-18-11; Ord. No. 09-594, § 45, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(175.10(5), 2-27-90. Code 2001 § 22-366.)

(1) Site plan review conducted under this chapter will form the basis of any modifications to any permits or approvals issued by the city for the proposal. In this regard, the person or persons conducting the site plan review is hereby authorized to require modifications to the proposal consistent with the criteria contained in FWRC 19.60.040 and any administrative guidelines adopted under FWRC 19.60.060.

(2) The director shall integrate his or her decision and findings for site plan and community design guideline review into a single decision. The director will issue his or her decision within 65 days of the issuance of the notice of completeness under FWRC 19.15.045(1). A copy of the decision shall be mailed to the applicant, as well as any person who submitted written comments, or any person who specifically requested a copy of the director’s decision. The decision shall contain a statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation. No other notice is required.

(Ord. No. 25-1008, § 9, 4-1-25; Ord. No. 25-1004, § 5, 2-4-25; Ord. No. 09-594, § 46, 1-6-09; Ord. No. 07-573, § 18, 12-4-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(175.10(6), 2-27-90. Code 2001 § 22-367.)

(1) Who may appeal. A decision of the director under this process may be appealed by the applicant, any person who submitted written comments or information, any person who has specifically requested a copy of the decision, or the city.

(2) How and when to appeal. A written notice of appeal must be delivered to the department of community development services within 14 calendar days after issuance of the decision of the director. The notice of appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city. The notice of appeal must contain:

(a) A statement identifying the decision being appealed, along with a copy of the decision;

(b) A statement of the alleged errors in the director’s decision, including identification of specific factual findings and conclusions of the director disputed by the person filing the appeal; and

(c) The appellant’s name, address, telephone number and fax number, and any other information to facilitate communications with the appellant.

(3) Appeal process. Appeals are governed by process IV.

(Ord. No. 09-594, § 47, 1-6-09; Ord. No. 07-573, § 19, 12-4-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(175.10(7), 2-27-90. Code 2001 § 22-368.)

Cross references: Requirements for drainage review, Chapter 16.25 FWRC; binding site plans under the subdivision regulations, Chapter 18.20 FWRC; calculating lot coverage requirements in the district regulations, FWRC 19.110.020; land modification restrictions and requirements, Chapter 19.120 FWRC; site plan required for commercial and industrial uses and activities that are conducted out of doors, FWRC 19.125.170; administration of the provisions regarding environmentally critical areas, Chapter 19.145 FWRC, Article I.

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 is authorized to make the land use decision. Any appeals of the director’s decision will be decided by the hearing examiner after an appeal hearing.

(Ord. No. 22-932, § 13, 5-3-22; Ord. No. 09-594, § 50, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.05), 2-27-90. Code 2001 § 22-386.)

Cross reference: Hearing examiner, Chapter 2.95 FWRC.

The State Environmental Policy Act applies to some of the decisions that will be made using this chapter. The director shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulation and city ordinances issued under the authority of the State Environmental Policy Act.

(Ord. No. 09-594, § 54, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.20), 2-27-90. Code 2001 § 22-390.)

Cross reference: Environmental policy, FWRC Title 14.

(1) Contents. The director shall compile an official file on the application containing the following:

(a) All application material submitted by the applicant.

(b) All written comments received on the matter.

(c) The written decision of the director.

(d) If the decision of the director is appealed, the following will be included in the file:

(i) The notice of appeal.

(ii) All written comments received regarding the appeal.

(iii) The staff report on the appeal.

(iv) The electronic sound recording of the hearing on the appeal.

(v) The decision of the hearing examiner on the appeal.

(e) Any other information relevant to the matter.

(2) Availability. The official file is a public record. It is available for inspection and copying in the department during regular business hours.

(Ord. No. 09-594, § 55, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.25), 2-27-90. Code 2001 § 22-391.)

(1) Content. The director shall, within 14 days of issuing a letter of completeness on the proposal, prepare a notice of application containing the following information:

(a) The name of the applicant and, if applicable, the project name.

(b) The date of application, the date of the notice of completion for the application, and the date of the notice of application.

(c) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notice published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property.

(d) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any related permits which are not included in the application.

(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 director regarding the application within 15 days of the date of the notice.

(g) A statement that only the applicant, persons who submit written comments to the director, or persons who specifically request a copy of the original decision may appeal the director’s decision.

(h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed.

(i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040.

(2) Distribution. Within 14 calendar days of issuing the letter of completeness, the director shall distribute this notice of application as follows:

(a) A copy of the notice of application will be published in the official daily newspaper of the city.

(b) A copy of the notice will be posted on the city website.

(c) For projects under this chapter which are located within, or are 300 feet from, property zoned SE (suburban estates), RS (single-family residential), or RM (multifamily), a copy of the notice will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property.

(3) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department within 14 calendar days of the issuance of the letter of completeness. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter.

(Ord. No. 25-1008, § 10, 4-1-25; Ord. No. 20-898, § 13, 10-20-20; Ord. No. 09-594, § 56, 1-6-09; Ord. No. 07-573, § 20, 12-4-07; Ord. No. 01-399, § 3, 8-7-01; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.30), 2-27-90. Code 2001 § 22-392.)

The applicant has the responsibility of convincing the director that, under the provisions of this chapter, the applicant is entitled to the requested decision.

(Ord. No. 09-594, § 57, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.35), 2-27-90. Code 2001 § 22-393.)

The director shall consider all written comments and information regarding the requested decision that are received by the department before the deadline contained within the notice regarding the application.

(Ord. No. 09-594, § 58, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.40), 2-27-90. Code 2001 § 22-394.)

(1) General.

(a) Coordination with decisions under the State Environmental Policy Act. If a SEPA threshold determination is required to be issued, the threshold determination must follow the end of the public comment period on the project permit application, but precede the director’s decision on the land use and design components of the process III project permit approval. If the SEPA threshold determination is appealed, the director’s land use and design components decision shall be issued sufficiently in advance of the open record hearing on the threshold determination appeal, to allow any appeal of the land use and/or design review decision to be consolidated and heard with the appeal of the threshold determination.

(b) Timing. The director will endeavor to issue his or her decision on the land use and design components of the process III project permit approval within 100 days of the issuance of the letter of completeness.

(i) The 100-day time period does not apply if a project permit application under this chapter requires an amendment to the comprehensive plan or this title; requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, the siting of an essential public facility as provided in RCW 36.70A.200, or capital facility projects of the city; or if a project permit application under this chapter is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete.

(ii) If the decision solely relates to a review of community design guidelines of a process IV application, the director shall issue a written decision within 10 working days after the deadline for submitting comments.

(iii) The following periods shall not be included in the calculation of the 100-day period:

(A) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. In these instances, the period excluded from the 100-day calculation shall begin on the date the city notifies the applicant of the need for additional information and run until the earlier of the date the city determines whether the additional information satisfies the request for information, or 14 days after the date the information has been provided to the city. If the city determines that the information submitted by the applicant under this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under this subsection shall apply as if a new request for studies had been made.

(B) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.

(C) Any period for administrative appeals of the SEPA threshold determination; provided, that the time period for consideration of such appeals shall not exceed 90 days for an open record appeal hearing. The parties to an appeal may agree to extend the 90-day period.

(D) Any extension of time mutually agreed upon by the applicant and the city.

(2) Decisional criteria. The director shall use the criteria listed in this subsection and the provisions of this title describing the requested decision in deciding upon the application.

(a) The director may approve the application only if:

(i) It is consistent with the comprehensive plan;

(ii) It is consistent with all applicable provisions of this title;

(iii) It is consistent with the public health, safety, and welfare;

(iv) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal;

(v) The proposed access to the subject property is at the optimal location and configuration; and

(vi) Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated.

(b) If the application is subject to the requirements of Chapter 19.115 FWRC, Community Design Guidelines, the director shall also use the following criteria in deciding upon an application:

(i) It is consistent with the site design standards set forth for all zoning districts in FWRC 19.115.050;

(ii) It is consistent with applicable supplemental guidelines set forth in FWRC 19.115.090; and

(iii) For development applications for remodeling or expansion of an existing development, it is consistent with those provisions of Chapter 19.115 FWRC, Community Design Guidelines, identified by the director as being applicable.

(3) Conditions and restrictions. The director shall include in the written decision any conditions and restrictions that he or she determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are included become part of the decision.

(4) Contents. The director shall include the following in the written decision:

(a) A statement granting, modifying and granting, or denying the application.

(b) Any conditions and restrictions that are imposed.

(c) A statement of facts presented to the director that support the decision, including any conditions and restrictions that are imposed.

(d) A statement of the director’s conclusions based on those facts.

(e) A statement of the criteria used by the director in making the decision.

(f) The date of issuance of the decision.

(g) A summary of the rights, as established in this chapter, of the applicant and others to appeal the decision of the director.

(h) A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW.

(i) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

(5) Distribution of written decision. Within five working days after the written decision of the director is issued, it shall be distributed as follows:

(a) A copy will be mailed to the applicant.

(b) A copy will be mailed to each person who submitted written comments or information to the director.

(c) A copy will be mailed to any person who has specifically requested it.

(d) A copy will be mailed to the King County assessor.

(Ord. No. 25-1004, § 6, 2-4-25; Ord. No. 09-631, § 5, 11-3-09; Ord. No. 09-594, § 59, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.45), 2-27-90. Code 2001 § 22-395.)

(1) Who may appeal. A decision of the director under this process may be appealed by the applicant, any person who submitted written comments or information, any person who has specifically requested a copy of the decision, or the city.

(2) How and when to appeal. A written notice of appeal must be delivered to the department within 14 calendar days after issuance of the decision of the director. The appeal must be accompanied by cash or a check, payable to the city of Federal Way, in the amount of the fee as established by the city. The notice of appeal must contain:

(a) A statement identifying the decision being appealed, along with a copy of the decision;

(b) A statement of the alleged errors in the director’s decision, including identification of specific factual findings and conclusions of the director disputed by the person filing the appeal; and

(c) The appellant’s name, address, telephone number and fax number, and any other information to facilitate communications with the appellant.

(3) Appeal process. Appeals are governed by process IV.

(Ord. No. 09-594, § 61, 1-6-09; Ord. No. 07-573, § 22, 12-4-07; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 90-43, § 2(145.60), 2-27-90. Code 2001 § 22-397.)

Cross references: Power and jurisdiction of the hearing examiner, FWRC 2.95.040; procedure for review of the shoreline management development permit requirements, FWRC 15.05.100; requirements for drainage review, Chapter 16.25 FWRC; appeals of modification requirements in developments or uses which require approval through processes I, II, III or IV shall be appealed pursuant to the procedures of process III, FWRC 19.130.070; proposal to construct stream stabilization must be reviewed under process III review procedure, Chapter 19.165 FWRC; proposal to construct a stream culvert must be reviewed under process IV review procedure, Chapter 19.70 FWRC; applications for a temporary use permit will be reviewed and decided using process III review procedures, FWRC 19.275.030 et seq.

Various places in the Code indicate that certain developments, activities or uses are permitted only if approved using process IV. Certain appeals of agency decisions are also governed by process IV. This chapter describes process IV.

All applications for commercial, office, industrial, institutional, and multifamily residential development, including applications for remodeling and expansion of an existing use, shall meet the requirements of Chapter 19.115 FWRC, Community Design Guidelines. If the development, use or activity that requires approval through process II or III is part of a proposal that also requires approval through process IV, the entire proposal will be decided upon using process IV, if the director determines that will result in more efficient decision making.

Under process IV the hearing examiner will make the final decision following a public hearing.

(Ord. No. 22-932, § 14, 5-3-22; Ord. No. 14-760, § 1, 3-4-14; Ord. No. 09-594, § 76, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 92-133, § 3(150.05), 4-21-92; Ord. No. 90-43, § 2(150.05), 2-27-90. Code 2001 § 22-431.)

The State Environmental Policy Act applies to some of the decisions that will be made using this chapter. The director shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under the authority of the State Environmental Policy Act. Where a threshold determination under the State Environmental Policy Act is required, the responsible official shall issue his or her determination at least 29 days prior to the hearing before the hearing examiner to allow any appeal of the threshold determination to be consolidated with the hearing on the application for process IV approval.

(Ord. No. 09-594, § 82, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 92-133, § 3(150.20), 4-21-92; Ord. No. 90-43, § 2(150.20), 2-27-90. Formerly 22-437. Code 2001 § 22-434.5.)

(1) Contents. The director shall compile an official file on the application containing the following:

(a) All application materials submitted by the applicant.

(b) The staff reports.

(c) All written comments received on the matter.

(d) The electronic recording of any public hearing on the matter.

(e) The decision of the hearing examiner.

(f) Any other information relevant to the matter, including any agency decision and notice of appeal.

(2) Availability. The official file is a public record. It is available for inspection and copying in the department during regular business hours.

(Ord. No. 14-760, § 2, 3-4-14; Ord. No. 09-594, § 80, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 92-133, § 3(150.25), 4-21-92; Ord. No. 90-43, § 2(150.25), 2-27-90. Code 2001 § 22-435.)

(1) Contents. The director shall prepare the following notices as applicable:

(a) Notice of application. A notice of application shall contain:

(i) The name of the applicant and, if applicable, the project name and file number.

(ii) The date of application, the notice of completion, and the notice of application.

(iii) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notices published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property.

(iv) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested. To the extent known by the city, the notice shall include any other permits which are not included in the application.

(v) A statement of the availability of the official file.

(vi) A statement of the right of any person to submit written comments to city staff or the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally.

(vii) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed.

(viii) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation and of consistency as provided in RCW 36.70B.040.

(b) Notice of public hearing. In addition to the information specified in the notice of application, the notice of public hearing shall include the following:

(i) The date, time, and place of the public hearing.

(ii) A statement of the right of any person to submit written comments to the hearing examiner and to appear at the public hearing of the hearing examiner to give comments orally and the right to request a copy of the decision once made.

(c) Notice of agency decision appeal. A notice of an agency decision appeal shall contain:

(i) The file number and a brief description of the matter being appealed.

(ii) A statement of the scope of the appeal, including a summary of the errors alleged and specific factual findings and conclusions disputed in the letter of appeal.

(iii) The date, time, and place of the hearing on the appeal.

(iv) A statement of who may participate in the appeal.

(v) A statement of how to participate in the appeal.

(2) Distribution. The director of community development shall distribute these notices as follows:

(a) Notice of application. Within 14 calendar days of issuing the letter of completeness, the director shall distribute the notice of application as follows:

(i) A copy of the notice of application will be published in a newspaper of general circulation in the city;

(ii) A copy of the notice will be posted on the city website;

(iii) A copy will be mailed to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property.

(b) Notice of public hearing. The director shall distribute the notice of public hearing at least 14 calendar days before the hearing in the same manner as the notice of application.

(c) Agency decision appeals. Distribution of notices involving an agency decision appeal shall occur at least 10 calendar days before the hearing on the appeal, and shall be mailed to the parties to the appeal.

(3) Public notification sign. Except for in agency decision appeals, the applicant shall erect at least one public notification sign which complies with standards developed by the department within 14 calendar days of the issuance of the letter of completeness. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter.

(Ord. No. 25-1008, § 11, 4-1-25; Ord. No. 23-949, § 5, 2-7-23; Ord. No. 20-898, § 14, 10-20-20; Ord. No. 14-760, § 3, 3-4-14; Ord. No. 09-594, § 81, 1-6-09; Ord. No. 07-573, § 25, 12-4-07; Ord. No. 01-399, § 3, 8-7-01; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 92-133, § 3(150.30), 4-21-92; Ord. No. 90-43, § 2(150.30), 2-27-90. Code 2001 § 22-436.)

Cross reference: Environmental policy administrative appeals, FWRC 14.10.060.

(1) Contents. The director shall prepare a staff report concerning the application or agency decision appeal, containing the following:

(a) All pertinent application materials, including any notice of appeal and any agency decision.

(b) All written comments regarding the matter received by the department prior to distribution of the staff report.

(c) An analysis of the application under any relevant provisions of this title and the comprehensive plan.

(d) A statement of the facts found by the director and the conclusions drawn from those facts, including an analysis of any alleged errors or disputed findings or conclusions in an agency decision appeal.

(e) A recommendation on the matter.

(2) Distribution. At least seven calendar days before the hearing, the director shall distribute the staff report to the hearing examiner, the applicant, the appellant, any person who specifically requested it, and in an appeal any person who requested the agency’s decision.

(Ord. No. 09-594, § 84, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 92-133, § 3(150.35), 4-21-92; Ord. No. 90-43, § 2(150.35), 2-27-90. Code 2001 § 22-439.)

(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 parties 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.

(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.

(Ord. No. 22-932, § 15, 5-3-22; Ord. No. 09-594, § 85, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 92-133, § 3(150.40), 4-21-92; Ord. No. 90-43, § 2(150.40), 2-27-90. Code 2001 § 22-440.)

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 (Chapter 19.115 FWRC), matters within its expertise, and procedural determinations.

(Ord. No. 22-932, § 16, 5-3-22; Ord. No. 09-594, § 87, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 92-133, § 3(150.50), 4-21-92; Ord. No. 90-43, § 2(150.50), 2-27-90. Code 2001 § 22-442.)

The scope of agency decision appeals is limited to the errors of law raised or the specific factual findings and conclusions disputed in the notice of appeal. The hearing examiner may only consider evidence, testimony, or comments relating to errors of law raised or the disputed findings and conclusions. The hearing examiner also may not consider any request for modification or waiver of applicable requirements of this title or any other law.

(Ord. No. 09-594, § 88, 1-6-09. Code 2001 § 22-442.5.)

(1) General. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written decision. In an agency decision appeal, the examiner shall affirm, reverse, or modify the decision being appealed based on the hearing examiner’s findings and conclusions. Subsections (3), (4) and (5) of this section do not apply to agency decision appeals.

(2) Timing.

(a) Unless a longer period is agreed to by the applicant, the hearing examiner shall issue the decision within 10 working days after the close of the hearing.

(b) The hearing examiner will endeavor to issue his or her decision on the land use and design components of the process IV project permit approval within 120 days of the issuance of the letter of completeness issued pursuant to FWRC 19.15.045, except that the following periods shall not be included in the calculation of the 120-day period:

(i) Any period during which the applicant has been requested by the city to correct plans, perform required studies, or provide additional required information. In these instances, the period excluded from the 120-day calculation shall begin on the date the city notifies the applicant of the need for additional information and run until the earlier of the date the city determines whether the additional information satisfies the request for information or 14 days after the date the information has been provided to the city. If the city determines that the information submitted by the applicant under this subsection is insufficient, it shall notify the applicant of the deficiencies and the procedures under this subsection shall apply as if a new request for studies had been made.

(ii) Any period during which an environmental impact statement is being prepared following a determination of significance pursuant to Chapter 43.21C RCW.

(iii) Any period for administrative appeals of the SEPA threshold determination; provided, that the time period for consideration of such appeals shall not exceed 90 days for an open record appeal hearing. The parties to an appeal may agree to extend the 90-day period.

(iv) Any extension of time mutually agreed upon by the applicant and the city.

The 120-day time period does not apply if a project permit application under this chapter requires an amendment to the comprehensive plan or this title; requires approval of a new fully contained community as provided in RCW 36.70A.350, a master planned resort as provided in RCW 36.70A.360, or the siting of an essential public facility as provided in RCW 36.70A.200; or if a project permit application under this chapter is substantially revised by the applicant, in which case the time period shall start from the date at which the revised project application is determined to be complete under FWRC 19.15.045.

If the hearing examiner is unable to issue his or her decision on the land use or design review components of a process IV project permit application as provided in this subsection, the city shall provide written notice of this fact to the applicant. The notice shall include a statement of reasons why the decision has not been issued within the 120-day period, and an estimated date for issuance of the notice of final decision.

(3) Decision criteria. The hearing examiner shall use the criteria listed in the provisions of this title describing the requested decision in deciding upon the application. In addition, the hearing examiner may approve the application only if:

(a) It is consistent with the comprehensive plan;

(b) It is consistent with all applicable provisions of this title and all other applicable laws;

(c) It is consistent with the public health, safety and welfare;

(d) The streets and utilities in the area of the subject property are adequate to serve the anticipated demand from the proposal;

(e) The proposed access to the subject property is at the optimal location and configuration for access; and

(f) Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated.

(4) Conditions and restrictions. The hearing examiner shall include in the written decision any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the application. Any conditions and restrictions that are imposed become part of the decision.

(5) Contents. The hearing examiner shall include the following in the examiner’s written decision:

(a) A statement granting, modifying and granting or denying the application.

(b) Any conditions and restrictions that are imposed.

(c) A statement of facts presented to him or her that support the decision, including any conditions and restrictions that are imposed.

(d) A statement of the hearing examiner’s conclusions based on those facts.

(e) A statement of the criteria used by the hearing examiner in making the decision.

(f) The date of issuance of the decision and a summary of the rights, as established in this chapter, of the applicant and others to appeal the decision of the hearing examiner.

(g) A statement of any threshold determination made under the State Environmental Policy Act, Chapter 43.21C RCW.

(h) A statement that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

(6) Distribution of written decision. Within five working days after the hearing examiner’s written decision is issued, the director shall distribute the decision as follows:

(a) A copy will be mailed to the applicant and the appellant.

(b) A copy will be mailed to each person who submitted written or oral testimony to the hearing examiner.

(c) A copy will be mailed to any person who has specifically requested it.

(d) A copy will be mailed to the King County assessor.

(Ord. No. 23-949, § 6, 2-7-23; Ord. No. 09-631, § 6, 11-3-09; Ord. No. 09-594, § 91, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 92-133, § 3(150.65), 4-21-92; Ord. No. 90-43, § 2(150.65), 2-27-90. Code 2001 § 22-445.)

The final decision of the city in granting or denying an application or an appeal under this chapter may be reviewed pursuant to Chapter 36.70C RCW in the King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city; provided, that final decisions involving multifamily housing tax exemptions may be appealed to the King County superior court in accordance with the procedures in RCW 34.05.510 through 34.05.598, as provided in RCW 84.14.110(2), within 30 days after issuance of the decision of the hearing examiner.

(Ord. No. 09-594, § 103, 1-6-09; Ord. No. 97-291, § 3, 4-1-97; Ord. No. 92-133, § 3(150.130), 4-21-92; Ord. No. 90-43, § 2(150.130), 2-27-90. Code 2001 § 22-456.)

Cross references: City council, Chapter 2.10 FWRC; community development services, Chapter 2.13 FWRC; power and jurisdiction of the hearing examiner, FWRC 2.95.040; review of administrative appeals under the environment policy of the city, FWRC 14.10.060; requirements for shoreline management review, Chapter 15.05 FWRC; requirements for drainage review, Chapter 16.25 FWRC; variances to the zoning regulations to be reviewed under process IV requirements, FWRC 19.45.010; appeals from the decision of the director of community development shall be processed under process IV review requirements, FWRC 19.55.050; appeals of modification requirements in developments or uses which require approval through process IV shall be appealed pursuant to the procedures of process III, FWRC 19.130.070; variance to the sign code provisions, FWRC 19.140.180.

Application for a quasi-judicial rezone must be reviewed and decided upon under process V. This chapter describes process V. Under process V, the hearing examiner will hold a public hearing and based on the record of that hearing make a recommendation to city council, which will then decide upon the application.

(Ord. No. 09-594, § 108, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-476.)

There are two types of quasi-judicial rezones as follows:

(1) Non-project-related. A quasi-judicial rezone will be treated as non-project-related if:

(a) The proposed rezone is initiated by the city and the subject property is not owned by the city; or

(b) The proposed rezone is from one single-family residential zone classification to another single-family residential zone classification.

(2) Project-related. A quasi-judicial rezone will be treated as project-related when it does not meet the requirements of subsection (1) of this section. All project-related rezones require a specific development proposal for the subject property.

(Ord. No. 09-594, § 109, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-477.)

The State Environmental Policy Act applies to the decisions that will be made using this chapter. The director shall evaluate each application and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under the authority of the State Environmental Policy Act.

(Ord. No. 09-594, § 111, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-479.)

(1) Contents. The director shall compile an official file on the application containing the following:

(a) All application materials submitted by the applicant.

(b) The staff report.

(c) All written comments received on the matter.

(d) The electronic recording of the public hearing on the matter.

(e) The recommendation of the hearing examiner.

(f) The electronic sound recording and minutes of the city council proceedings on the matter.

(g) The decision of city council.

(h) Any other information relevant to the matter.

(2) Availability. The official file is a public record. It is available for inspection and copying in the department during regular business hours.

(Ord. No. 09-594, § 112, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-480.)

(1) Contents. The director shall prepare a notice of application containing the following information:

(a) The name of the applicant and, if applicable, the project name.

(b) The date of application, the notice of completion, and the notice of application.

(c) The street address of the subject property or, if this is not available, a description of the location of the property in nonlegal language. Except for notice published in a newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property.

(d) A brief description of the requested decision, including a citation to the provision of this title governing the request, a list of the project permits included in the application and, if applicable, a list of any studies requested under RCW 36.70A.440. To the extent known by the city, the notice shall include any other permits which are not included in the application.

(e) The date, time, and place of the public hearing.

(f) A statement of the availability of the official file.

(g) A statement of the right of any person to submit written or oral comments to the hearing examiner regarding the application.

(h) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed.

(i) A statement of the preliminary determination, if one has been made at the time of notice, of those development regulations that will be used for project mitigation.

(2) Distribution. The director shall distribute this notice at least 14 calendar days before the public hearing as follows:

(a) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property.

(b) A copy will be published in the newspaper of general circulation in the city.

(c) A copy will be posted on the city website.

(3) Public notification sign. The applicant shall erect at least one public notification sign which complies with standards developed by the department at least 10 calendar days before the public hearing. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public. The sign shall be removed within seven calendar days after the final decision of the city on the matter.

(Ord. No. 23-949, § 7, 2-7-23; Ord. No. 09-594, § 113, 1-6-09; Ord. No. 07-573, § 29, 12-4-07; Ord. No. 99-337, § 2, 3-2-99; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-481.)

(1) Contents. The director shall prepare a staff report containing the following information:

(a) All pertinent application materials.

(b) All comments regarding the matter received by the department prior to distribution of the staff report.

(c) An analysis of the application under the relevant provisions of this title and the comprehensive plan.

(d) A statement of the facts found by the director and the conclusions drawn from those facts.

(e) A recommendation on the matter.

(2) Distribution. At least seven calendar days before the hearing, the director shall distribute the staff report to the following people: the hearing examiner, the applicant or appellant, and to any person who specifically requested it.

(Ord. No. 09-594, § 114, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-482.)

(1) Generally. The hearing examiner shall hold an open record 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 the hearing under this process in 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.

(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.

(4) Effect. The hearing of the hearing examiner is the hearing for city council on the application.

(Ord. No. 09-594, § 115, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-483.)

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 shall give great deference to the agency’s interpretation of its own properly promulgated regulations or matters within its expertise. 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.

(Ord. No. 09-594, § 117, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-485.)

(1) Generally. After considering all of the information and comments submitted on the matter, the hearing examiner shall issue a written recommendation to the city council.

(2) Timing. Unless a longer period is agreed to by the applicant, the hearing examiner must issue the recommendation within 10 working days after the close of the public hearing.

(3) Decisional criteria. The hearing examiner shall use the following criteria for quasi-judicial rezones:

(a) The city may approve an application for a quasi-judicial nonproject rezone only if it finds that:

(i) The proposed rezone is in the best interest of the residents of the city; and

(ii) The proposed rezone is appropriate because either:

(A) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning and that, under those changed conditions, a rezone is within the public interest; or

(B) The rezone will correct a zone classification or zone boundary that was inappropriate when established;

(iii) It is consistent with the comprehensive plan;

(iv) It is consistent with all applicable provisions of the title, including those adopted by reference from the comprehensive plan; and

(v) It is consistent with the public health, safety, and welfare.

(b) The city may approve an application for a quasi-judicial project-related rezone only if it finds that:

(i) The criteria in subsection (3)(a) of this section are met; and

(ii) The proposed project complies with this title in all respects; and

(iii) The site plan of the proposed project is designed to minimize all adverse impacts on the developed properties in the immediate vicinity of the subject property; and

(iv) The site plan is designed to minimize impacts upon the public services and utilities; and

(v) Traffic safety impacts for all modes of transportation, both on and off site, are adequately mitigated; and

(vi) The rezone has merit and value for the community as a whole.

(4) Conditions and restrictions. The hearing examiner shall include in the written recommendation any conditions and restrictions that the examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the requested rezone.

(5) Contents. The hearing examiner shall include the following in the written recommendation to city council:

(a) A statement of facts presented to the hearing examiner that supports his or her recommendation, including any conditions and restrictions that are recommended.

(b) A statement of the hearing examiner’s conclusions based on those facts.

(c) A statement of the criteria used by the hearing examiner in making the recommendation.

(d) The date of issuance of the recommendation.

(6) Distribution of written recommendation. The director shall distribute copies of the recommendation of the hearing examiner as follows:

(a) After the hearing examiner’s written recommendation is issued, a copy will be sent to the applicant, to each person who submitted written or oral testimony to the hearing examiner, and to each person who specifically requested it.

(b) Prior to the meeting where city council considers the application, a copy will be sent to each member of city council. The director shall include a draft resolution or ordinance that embodies the hearing examiner’s recommendation with the copy of the recommendation sent to each city council member.

(Ord. No. 09-631, § 7, 11-3-09; Ord. No. 09-594, § 120, 1-6-09; Ord. No. 02-424, § 3, 9-17-02; Ord. No. 99-337, § 2, 3-2-99; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-488.)

(1) Generally. The city council shall consider the application at a scheduled meeting within 90 calendar days of the date of issuance of the hearing examiner’s recommendation. This time period may be extended upon written agreement of the director and the applicant. Calculation of this time period shall not include any time necessary for a reopening of the hearing before the hearing examiner under subsection (3) of this section.

(2) Supplemental distribution. The director shall promptly send to each city council member any relevant information not previously distributed to council members.

(3) Scope of review. The city council review of the rezone application shall be limited to:

(a) The record of the hearing before the hearing examiner;

(b) Oral comments received during the public meeting that do not raise new issues or introduce information not contained in the examiner’s record;

(c) The hearing examiner’s written report;

(d) Evidence within the scope of the appeal that was not presented to or considered by the hearing examiner, but only if:

(i) At the time of the hearing examiner’s decision the party offering the evidence did not know of the evidence, was under no duty to discover the evidence, and could not have reasonably discovered the evidence; or

(ii) The hearing examiner improperly excluded or omitted the evidence from the record.

(4) Remand. If the city council concludes, based upon a challenge to the hearing examiner recommendation or upon its own review of the recommendation, that the record compiled by the hearing examiner is incomplete or inadequate to allow the city council to make a decision on the application, the city council may, by motion, remand the matter to the hearing examiner with the direction to reopen the hearing and provide supplementary findings and/or conclusions on the matter or matters specified in the motion.

(5) City council decision. After consideration of the entire matter using the criteria listed in FWRC 19.75.130, and upon approval by a majority of the total membership, the city council shall take one of the following actions:

(a) Project-related rezone. The city council has the option to:

(i) Grant the application as proposed; or modify and grant the application. In either case, it shall give effect to this decision by adopting a resolution of intent to rezone.

(ii) Deny the application. The city council shall give effect to this decision by adopting a resolution.

(b) Nonproject rezone. The city council has the option to:

(i) Approve the application, or modify and approve the application. In either case, it shall give effect to this decision by adopting an ordinance amending the zoning map of the city.

(ii) Deny the application. The city council shall give effect to this decision by adopting a resolution.

(c) Conditions and restrictions. The city council shall include in the ordinance or resolution granting the rezone any conditions and restrictions it determines are necessary to eliminate or minimize any undesirable effects of granting the rezone. Any conditions and restrictions that are imposed become part of the decision.

(d) Findings of fact and conclusions. The city council shall include in the ordinance or resolution:

(i) A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and

(ii) The city council’s conclusions based on those facts.

(e) Effect. The decision of city council is the final decision of the city.

(Ord. No. 09-594, § 121, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-489.)

(1) General. Following the final decision by the city council, the director shall prepare a notice of the city’s final decision on the application.

(2) Distribution. After the city council’s decision is made, the director shall distribute a copy of the notice of the final decision as follows:

(a) A copy will be mailed to the applicant.

(b) A copy will be mailed to any person who submitted written or oral comments to the hearing examiner.

(c) A copy will be mailed to each person who has specifically requested it.

(d) A copy will be mailed to the King County assessor.

(Ord. No. 09-594, § 122, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-490.)

(1) Effect on the applicant. The applicant may, subject to all applicable codes and ordinances, develop the subject property in conformity with the resolution of intent to rezone and the site plan approved as part of that resolution.

(2) Effect on the city. If the applicant completes development of the subject property in conformity with the resolution of intent to rezone and the site plan approved as part of that resolution, the city shall give effect to the rezone by adopting an ordinance that makes the zone boundary or classification change to the zoning map approved in the resolution of intent to rezone.

(3) Activity after notice. The applicant may not engage in any activity based on the decision until the third working day after the notice of the final decision is distributed under FWRC 19.75.150.

(Ord. No. 09-594, § 123, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-491.)

(1) Minor modifications. Subsequent to the adoption of the resolution of intent to rezone, the applicant may apply for a minor modification to the site plan approved as part of that resolution. The city will use process III to review and decide upon an application for a minor modification. The city may approve a minor modification only if it finds that:

(a) The change will not result in reducing the landscaped area, buffer areas, or the amount of open space on the project;

(b) The change will not result in increasing the residential density or gross floor area of the project;

(c) The change will not result in any structure, or vehicular circulation or parking area being moved more than 10 feet in any direction and will not reduce any required yard;

(d) The change will not result in any increase in height of any structure;

(e) The change will not result in a change in the location of any access point to the project; and

(f) The change will not increase any adverse impacts or undesirable effects of the project and that the change in no way significantly alters the project.

(Ord. No. 09-594, § 124, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-492.)

If the applicant seeks a modification to the approved site plan that does not meet all of the requirements of this chapter, the applicant may do so by submitting the application material required for a new quasi-judicial project-related rezone. The city will process and decide upon this application as if it were an application for a new quasi-judicial project-related rezone.

(Ord. No. 09-594, § 125, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-493.)

The final decision of the city in granting or denying an application under this chapter may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition shall be filed within 21 calendar days of the issuance of the final land use decision of the city.

(Ord. No. 09-594, § 126, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-494.)

Cross references: City council, Chapter 2.10 FWRC; hearing examiner, Chapter 2.95 FWRC; requirements for drainage review, Chapter 16.25 FWRC; quasi-judicial rezoning of certain districts to be under the process V review requirements, FWRC 19.35.030 et seq.

Various places in this title indicate that certain proposals to amend the zoning map through a legislative rezone, amend development regulations, or amend the comprehensive plan must be reviewed and decided upon using process VI. This chapter describes process VI.

(Ord. No. 09-594, § 131, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-516.)

A proposal that will be reviewed using this chapter may be initiated by the city council, a council committee, the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies.

(Ord. No. 09-594, § 132, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-517.)

Cross references: City council, Chapter 2.10 FWRC; planning commission, Chapter 2.90 FWRC.

The department shall maintain a docket of all proposals to amend the comprehensive plan or development regulations submitted by any interested persons.

(Ord. No. 09-594, § 133, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-518.)

The State Environmental Policy Act applies to some of the decisions that will be made using this chapter. The director shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act.

(Ord. No. 09-594, § 134, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-519.)

(1) Docketed proposals, planning commission recommendation. Prior to city council review, the planning commission shall review the docket at a public meeting and shall forward a recommendation to the city council on the prioritized docket.

(2) Docketed proposals, city council. The city council shall review docketed proposals concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review and prioritize docketed proposals received prior to September 30th of the previous calendar year according to FWRC 19.80.080 and shall fully consider the recommendation on the docketed items rendered by the planning commission. Docketed proposals submitted after September 30th shall be considered during the following annual review.

(3) 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;

(e) The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city budget. The city council will hold the public hearing on this matter rather than the planning commission; and

(f) In other circumstances as provided for by RCW 36.70A.130(2)(a).

The city council may review city-initiated changes to development regulations or to the city’s zoning map concurrently with the docketed proposals or at the council’s discretion.

(4) Additional information. The city council may request, through the mayor, that the department or any other department of the city provide any information or material on a proposal(s), consistent with FWRC 19.80.160.

(Ord. No. 22-932, § 17, 5-3-22; Ord. No. 18-852, § 3, 6-5-18; Ord. No. 10-669, § 69, 9-21-10; Ord. No. 09-594, § 135, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-520.)

Cross reference: City council, Chapter 2.10 FWRC.

Sixty days prior to September 30th in each calendar year, the city shall notify all persons who submitted docket forms after September 30th of the previous calendar year. Notice shall also be given as follows:

(1) Public notice notifying the public that the amendment process has begun shall be published in the city’s official newspaper.

(2) Notice shall be posted on the official city public notice boards.

(3) A copy of the notice shall be mailed to other local newspapers.

(4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgment of the director may be directly affected by changes to the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who may be affected by changes to the comprehensive plan or development regulations, the director may rely on written correspondence indicating an interest and received after September 30th of the previous year.

(Ord. No. 09-594, § 136, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-521.)

(1) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request amendments to the comprehensive plan or development regulations.

(2) How to apply. An applicant must complete an application form prepared by the city. An applicant seeking a change in comprehensive plan designation and zoning for a specific parcel shall also file the information specified in FWRC 19.15.035 with the department.

(3) The director shall have the authority to waive any of the requirements of this section if, in the director’s discretion, such information is not relevant or would not be useful to consideration of the proposed amendment.

(4) Fee. The fees required under this chapter shall be as provided in the city’s fee schedule in effect at the time of application.

(Ord. No. 18-852, § 4, 6-5-18; Ord. No. 09-594, § 137, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-522.)

(1) Prior to adopting any docketed proposals, the planning commission shall hold a public meeting and will recommend to the city council those docketed proposals it wishes to further consider for adoption and for staff to research and evaluate further.

(2) The planning commission shall consider the following criteria in selecting the docketed proposals to be considered during the upcoming cycle:

(a) Whether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest.

(b) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan.

(c) Whether the proposed amendment is consistent with the planning goals of the Growth Management Act, RCW 36.70A.020.

(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 the planning commission’s review of the docketed proposals according to the criteria in subsections (2) and (3) of this section and the recommendation provided, the council shall determine which docketed proposals will be further considered, and shall forward those 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.

(Ord. No. 22-932, § 18, 5-3-22; Ord. No. 18-852, § 5, 6-5-18; Ord. No. 09-594, § 138, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-523.)

All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city’s development review committee (DRC).

(Ord. No. 18-852, § 6, 6-5-18; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-524.)

A legislative rezone is a rezone that meets the following criteria:

(1) It is initiated by the city; and

(2) It includes a large number of properties which would be similarly affected by the proposed rezone.

All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using process V.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-525.)

The city may decide to approve a legislative rezone only if it finds that:

(1) The proposal is consistent with the comprehensive plan;

(2) The proposal bears a substantial relation to public health, safety, or welfare; and

(3) The proposal is in the best interest of the residents of the city.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-526.)

If the city approves a legislative rezone, or a change in a comprehensive plan map designation, it will give effect to this decision by making the necessary amendment to the zoning map of the city.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-527.)

The city may amend development regulations only if it finds that:

(1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan;

(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and

(3) The proposed amendment is in the best interest of the residents of the city.

(Ord. No. 09-594, § 139, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-528.)

The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan:

(1) The effect upon the physical environment.

(2) The effect on open space, streams, and lakes.

(3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods.

(4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools.

(5) The benefit to the neighborhood, city, and region.

(6) The quantity and location of land planned for the proposed land use type and density and the demand for such land.

(7) The current and projected population density in the area.

(8) The effect upon other aspects of the comprehensive plan.

In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for comprehensive plan amendments and rezones from one commercial designation to another, the city will consider development trends in commercially zoned areas, market demand for various types of commercial land, and amount of vacant commercial land.

For site-specific comprehensive plan amendments, the provisions of FWRC 19.75.130(3)(a) shall also apply.

(Ord. No. 23-949, § 8, 2-7-23; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-529.)

The city may amend the comprehensive plan only if it finds that:

(1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and

(2) The proposed amendment is in the best interest of the residents of the city; and

(3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city’s adopted plan not affected by the amendment.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-530.)

(1) Contents. The director shall compile an official file containing all information and materials relevant to the proposal and to the city’s consideration of the proposal.

(2) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours.

(Ord. No. 09-594, § 140, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-531.)

Notice provisions under this section shall be followed for the planning commission meeting during which the docketed proposals are reviewed as well as the public hearings held by the planning commission and/or city council.

(1) Contents. The director shall prepare a notice of each proposal 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 planning 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.

(Ord. No. 22-932, § 19, 5-3-22; Ord. No. 18-852, § 7, 6-5-18; Ord. No. 09-594, § 141, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-532.)

(1) General. The director shall prepare a staff report for the planning commission containing:

(a) An analysis of the proposal and a recommendation on the proposal; and

(b) Any other information the director determines is necessary for consideration of the proposal, consistent with FWRC 19.80.110, 19.80.130, 19.80.140, and 19.80.150. For site-specific comprehensive plan amendments, the provisions of FWRC 19.75.130(3) shall also apply.

(2) Distribution. The director shall distribute the staff report as follows:

(a) A copy will be sent to each member of the planning commission prior to the hearing.

(b) A copy will be sent promptly to any person requesting it.

(Ord. No. 18-852, § 8, 6-5-18; Ord. No. 09-594, § 142, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-533.)

(1) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWRC 19.80.200, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this chapter shall not be required.

(2) Open to public. The hearings of the planning commission are open to the public.

(3) Pursuant to FWRC 19.85.150, when a development agreement and plan have been prepared, the city council shall hold a public hearing.

(4) Effect. Except as provided in subsection (1) of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal.

(Ord. No. 09-594, § 143, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-534.)

(1) Generally. Except as specified in subsections (2), (3), and (4) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this chapter.

(2) Exclusion. Except as specified in subsections (3) and (4) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process.

(3) In the case of development agreements, the director may require the applicant to submit any additional information or material that is reasonably necessary for a decision on the matter, including a site development plan associated with a site-specific request.

(4) Exception for environment information. If a proposal that will be decided upon using this chapter is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under FWRC 19.80.040 in deciding upon that proposal.

(Ord. No. 09-594, § 144, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-535.)

The planning commission shall make a complete electronic sound recording of each public hearing.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-536.)

Any interested person may participate in the public hearing in either or both of the following ways:

(1) By submitting written comments to the planning commission either by delivering these comments to the department prior to the hearing or by giving them directly to the planning commission at the hearing.

(2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.

(Ord. No. 09-594, § 145, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-537.)

The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-538.)

(1) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWRC 19.75.130(3), 19.80.110, 19.80.130, 19.80.140 and 19.80.150, and take one of the following actions:

(a) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal.

(b) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal.

(c) If the planning commission is unable to take either of the actions specified in subsection (1)(a) or (b) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation.

(2) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the modified proposal prior to recommending the proposal to city council for action. A proposal is not fundamentally modified if:

(a) An environmental impact statement has been prepared under Chapter 43.21C RCW for the proposal and the proposed change is within the range of alternatives considered in the environmental impact statement;

(b) The proposed change is within the scope of the alternatives available for public comment; or

(c) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposal without changing its effect.

(Ord. No. 09-594, § 146, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-539.)

(1) Generally. The director shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal.

(2) Transmittal to city council. The director shall transmit the planning commission report to the mayor for consideration by city council.

(3) Distribution. The director shall promptly send a copy of the planning commission report to any person requesting it.

(Ord. No. 11-684, § 13, 1-18-11; Ord. No. 09-594, § 147, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-540.)

(1) General. Within 90 days of receipt of the planning commission report by the mayor, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney.

(2) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this title describing the proposal.

(3) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership:

(a) Approve the proposal by adopting an appropriate ordinance;

(b) Modify and approve the proposal by adopting an appropriate ordinance. If the council chooses to modify an amendment to the comprehensive plan or a development regulation, and the change is proposed after the opportunity for review and comment has passed, an opportunity for review and comment on the proposed change shall be provided before council on the proposed change unless:

(i) An environmental impact statement has been prepared for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;

(ii) The proposed change is within the scope of the alternatives available for public comment;

(iii) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;

(iv) The proposed change is to a resolution or ordinance making a capital budget decision that is consistent with the comprehensive plan; or

(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control and the council schedules a public hearing on the adopted moratorium or interim control within at least 60 days of its adoption, and the council adopts findings of fact before or immediately after this public hearing;

(c) Disapprove the proposal by resolution; or

(d) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the reasons the city council is referring the proposal back to the planning commission.

(e) If the city council determines that a development agreement should be prepared for a site-specific request, the city council shall recommend further analysis based on Chapter 19.85 FWRC, Development Agreements.

(Ord. No. 18-852, § 9, 6-5-18; Ord. No. 11-684, § 14, 1-18-11; Ord. No. 09-594, § 148, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-541.)

At least 60 days prior to final action being taken by the city council, the State Department of Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period per RCW 36.70A.106.

No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to the State Department of Commerce and others who submitted written comments on the draft comprehensive plan.

(Ord. No. 18-852, § 10, 6-5-18; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-542.)

The action of the city in granting, modifying or denying an amendment to a development regulation or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW.

(Ord. No. 09-594, § 149, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-543.)

Cross references: Power and jurisdiction of the planning commission, FWRC 2.90.060; requirements for drainage review, Chapter 16.25 FWRC; zoning regulation and comprehensive plan amendments and legislative rezonings to be under process VI review, Chapter 19.35 FWRC.

(1) Development agreements may be used at the city’s discretion. Development agreements may be used where the project is larger in scope and/or has potentially larger impacts than normal, or where the city may desire to place certain restrictions or permissions on the proposal, or in other circumstances the city deems appropriate. The intent of a development agreement is not to waive requirements normally associated with a proposed use, rather to provide greater flexibility and predictability to the applicant while providing a benefit to the city of equal or greater value relative to any departure provided.

(2) Typical benefits to the city provided through a development agreement include, but are not limited to, affordable housing, ownership options in multifamily development proposals, public open space, connections to multimodal transportation, and public infrastructure improvements. To be considered a public benefit for purposes of this section, any such benefit must exceed normally applicable code requirements.

(Ord. No. 25-1023, § 3, 10-7-25; Ord. No. 23-972, § 3, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1660.)

(1) Authority. Pursuant to RCW 36.70B.170, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction. The execution of a development agreement is a proper exercise of city police power and contract authority. A development agreement may obligate a party to fund or provide services, infrastructure, or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by serious threat to public health and safety.

(2) Scope. Development agreements shall not be allowed for proposals that are smaller than five acres, or where the majority of the properties subject to the proposal are single-family residential in use.

(3) Consistency with comprehensive plan. Development agreements shall be consistent with the city comprehensive plan. If a comprehensive plan amendment is needed in order to make a proposed development agreement consistent with Chapter 3 (Transportation) of the comprehensive plan, such comprehensive plan amendment must be considered and approved by the city council at a city council meeting prior to the city council meeting at which final action is taken on the development agreement.

(Ord. No. 23-972, § 4, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1661.)

(1) A development agreement must set forth the development standards and other provisions that apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement.

(2) A development agreement shall be consistent with all applicable city development regulations except where modified by, or in conflict with, the development standards specified in the development agreement. In the case of such a modification or conflict, the development standards specified in the development agreement shall control. Modifications to, or departures from, otherwise-applicable city development regulations in the development agreement shall, in the judgment of the city, be offset by providing a benefit to the city of equal or greater value relative to the departure provided.

(3) A development agreement shall not modify or waive the provisions of Chapter 19.91 FWRC, Transportation Impact Fees, and/or vest to traffic impact fee, except a development agreement may provide for vesting to the traffic impact fee in effect at the time of approval of the development agreement for a period of up to 10 years. For each year after the first, the amount of the vested traffic impact fee shall be adjusted by the annual change in the June Consumer Price Index (CPI) for the Seattle area.

(4) A development agreement shall not modify or waive the provisions of Chapter 19.90 FWRC, Transportation Concurrency Management.

(5) A development agreement shall not modify, waive, or vest to building, plumbing, fire, or other construction codes adopted pursuant to Chapter 19.27 or 19.27A RCW.

(6) A development agreement shall not modify, waive, or vest to development regulations or other enacted requirements adopted pursuant to state or federal mandates such as the city’s NPDES municipal stormwater permit.

(7) For the purpose of this section, “development standards” may include, but is not limited to:

(a) Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;

(b) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspections fees, or dedications;

(c) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW;

(d) Design standards such as maximum heights, setbacks, drainage, and water quality requirements, landscaping, and other development features;

(e) Affordable housing;

(f) Parks and open space preservation;

(g) Phasing;

(h) Review procedures and standards for implementing decisions;

(i) A build-out or vesting period for applicable standards; and

(j) Any other appropriate development requirement or procedure.

(Ord. No. 25-1023, § 4, 10-7-25; Ord. No. 23-972, § 5, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1662.)

A proposal that will be reviewed using this chapter may be initiated by city council or council committee, or requested by the planning commission, city staff, or applicant.

(Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1663.)

(1) Based on council direction, and after consultation with the applicant, the city shall determine the parameters of the development agreement in accordance with FWRC 19.85.030, Content of development agreement.

(2) If a development plan under FWRC 19.85.100 is required by the city or provided by the applicant, it shall accompany the development agreement for review and action by the city council. The applicant shall prepare any such development plan, which must be consistent with the parameters of the development agreement. The development plan may vary in the amount of detail to be included.

(Ord. No. 23-972, § 6, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1664.)

(1) Who may apply. Any person may, personally or through an agent, apply for a decision regarding property he or she owns.

(2) How to apply. The applicant shall file the following information with the department of community development:

(a) A completed application, with supporting affidavits, on forms provided by the department of community development;

(b) Two sets of stamped envelopes, and a list of the same, labeled with the name and address of all current owners of real property, as shown in the records of the county assessor for the subject property, within 300 feet of each boundary of the subject property;

(c) A copy of the county assessor’s map identifying the properties specified in subsection (2)(b) of this section;

(d) A vicinity map showing the subject property with enough information to locate the property within the larger area;

(e) Any information or material that is specified in the provision of this title that describes the applied-for decision;

(f) All information specified in FWRC 19.15.040. The detail to be included in the development plan shall be related to the nature and scope of the project and its potential impacts; and

(g) Any additional information or material that the director of community development determines is reasonably necessary for a decision on the matter.

(3) Fee. With the application the applicant shall submit the fee established by the city. The application will not be accepted unless it is accompanied by the required fee and meets the requirements of FWRC 19.15.040 and this section relating to what constitutes a complete application.

(Ord. No. 23-972, § 7, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1665.)

(1) Contents. The city shall compile an official file on the application containing the following:

(a) All application materials submitted by the applicant.

(b) The staff report.

(c) All written comments received on the matter.

(d) The electronic recording of the city council on the matter.

(e) The decision on the development agreement by the city council.

(f) Any other information relevant to the matter.

(2) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours.

(Ord. No. 23-972, § 8, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1666.)

All applicants seeking approval of a development agreement must apply for a preapplication conference with the city’s development review committee (DRC).

(Ord. No. 23-972, § 9, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1667.)

The State Environmental Policy Act applies to some of the decisions that will be made using this chapter. The director of community development shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act. Any appeal of the threshold determination must be consolidated with any appeal of the administrative decision on community design guidelines and with any hearing on an application for process IV approval.

(Ord. No. 23-972, § 10, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1668.)

Any development plan accompanying the development agreement shall be subject to process III including community design guidelines requirements. The application shall not be complete until a draft development agreement has been prepared and a development plan conforming to the parameters of the development agreement and meeting all pertinent requirements has been submitted. Any appeal of the hearing examiner’s decision on the appeal of a director’s decision shall be heard at the same time that the city council conducts a public hearing on the development agreement and development plan pursuant to FWRC 19.85.150.

(Ord. No. 09-594, § 156, 1-6-09; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1669.)

Any requests associated with the development plan requiring a public hearing by the hearing examiner shall be heard by the hearing examiner prior to the public hearing by the city council on the development agreement and development plan. The hearing examiner’s review shall follow the provisions of Chapter 19.70 FWRC, Process IV – Hearing Examiner, and shall be limited to that particular aspect under his or her purview and shall not extend to either the development agreement or development plan.

(Ord. No. 23-972, § 11, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1670.)

The city may consider, but is not limited to, the following factors when considering a development agreement:

(1) Compatibility with and impact on adjacent land uses and surrounding neighborhoods;

(2) Adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools;

(3) Potential benefits of the proposal to the community; and

(4) Effect upon the comprehensive plan.

(Ord. No. 23-972, § 12, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1671.)

Notice provisions under this section shall be followed for the public hearing held by the city council.

(1) Contents. The director of community development shall prepare a notice of the proposal, for which a public hearing will be held, containing the following information:

(a) Description of purpose of hearing.

(b) The name of the applicant and the project name (if applicable).

(c) A statement of what comprehensive plan and zoning designation will be directly affected or changed by the proposal.

(d) The street address of the subject property or, if this is not available, a description of the location of the proposal in nonlegal language. Except for notice published in the newspaper of general circulation in the city, the notice must also include a vicinity map that identifies the subject property.

(e) The date, time, and place of the public hearing.

(f) A statement of the availability of the official file.

(g) A statement of the right of any person to submit written comments to the council and to appear at the public hearing of the council to give comments orally.

(h) A statement that only persons who previously submitted comments to the planning commission or city council during the comprehensive plan amendment process or at this time, participates in the public hearing on the development agreement by submitting written comments to the city council or by participating in the public hearing or specifically requested a copy of the city council’s decision on the development agreement and plan may appeal the city council’s decision.

(i) The identification of existing environmental documents that evaluate the proposed project and the location where the application and any studies can be reviewed.

(2) Distribution. The director of community development shall distribute this notice at least 14 calendar days before the public hearing as follows:

(a) A copy will be sent to the persons receiving the property tax statements for all property within 300 feet of each boundary of the subject property.

(b) A copy will be published in the newspaper of general circulation in the city.

(c) A copy will be posted on the official notification boards of the city.

(3) Public notification sign. The applicant shall erect at least one public notification sign, which complies with standards developed by the department of community development. This sign shall be located on or near the subject property facing the right-of-way or vehicle access easement or tract providing direct vehicle access to the subject property. The director of community development may require the placement of additional public notice signs on or near the subject property if he or she determines that this is appropriate to provide notice to the public.

(a) Timing. The applicant shall be responsible for installing the public notification sign or signs at least 10 calendar days before the public hearing and removing them within seven calendar days after the final decision of the city on the matter.

(Ord. No. 23-972, § 13, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1672.)

(1) Contents. The director of community development shall prepare a staff report for the public hearing by the city council containing the following information:

(a) All pertinent application materials.

(b) All comments regarding the matter received by the department of community development prior to distribution of the staff report.

(c) An analysis of the application under the relevant provisions of this title and the comprehensive plan.

(d) A statement of the facts found by the director of community development and the conclusions drawn from those facts.

(e) A recommendation on the matter.

(2) Distribution. At least seven calendar days before the hearing, the director of community development shall distribute the staff report as follows:

(a) A copy will be sent to the members of the city council.

(b) A copy will be sent to the applicant.

(c) A copy will be sent to each person who has specifically requested it.

(Ord. No. 23-972, § 14, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1673.)

(1) Generally. The city council shall consider the application for approval of the development agreement and any associated development plan in a public hearing. If there are any appeals of a hearing examiner’s decision of an appeal of a threshold determination, an appeal of a community design guidelines decision, or a process IV request, these appeals shall be heard in a closed record appeal hearing, as defined in RCW 36.70B.020(1) at the same time as the public hearing on the development agreement and any associated development plan.

(2) City council decision on appeals. In making a decision on the appeals, the council shall follow the procedures in process IV.

(3) Scope of review of development agreement and development plans. The city council shall consider the request for approval of the development agreement and any associated development plan based on the decisional criteria of this title describing the proposal.

(4) City council action. After consideration of the entire matter and upon approval by a majority of the total membership, the city council shall take one of the following actions:

(a) The city council has the option to:

(i) Grant the application as proposed, or modify and grant the application. In either case, it shall give effect to this decision by adopting an ordinance.

(ii) Deny the application. The city council shall give effect to a denial by adopting a resolution.

(iii) Findings of fact and conclusions. The city council shall include in the ordinance or resolution:

(A) A statement of the facts that support the decision, including any conditions and restrictions that are imposed; and

(B) The city council’s conclusions based on those facts.

(5) Effect. The decision of city council is the final decision of the city.

(Ord. No. 23-972, § 15, 11-8-23; Ord. No. 09-594, § 157, 1-6-09; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1674.)

(1) General. Following the final decision by the city council, the director of community development shall prepare a notice of the city’s final decision on the application.

(2) Distribution. After the city council’s decision is made, the director of community development shall distribute a copy of the notice of the final decision as follows:

(a) A copy will be mailed to the applicant.

(b) A copy will be mailed to any person who submitted written or oral comments to the city council.

(c) A copy will be mailed to each person who has specifically requested it.

(d) A copy will be mailed to the King County assessor.

(Ord. No. 23-972, § 16, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1675.)

Pursuant to RCW 36.70B.200, the action of the city in granting or denying an application under this chapter may be reviewed pursuant to Chapter 36.70C RCW in King County superior court. The land use petition must be filed within 21 calendar days after the final land use decision of the city.

(Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1676.)

Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or part of build out period specified in the agreement, and may not be subject to an amendment to a zoning ordinance or development standard or regulation adopted after the effective date of the agreement unless specifically provided for in the agreement. A permit or approval issued by the city after the execution of the development agreement must be consistent with the development agreement.

(Ord. No. 23-972, § 17, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1677.)

A development agreement shall be recorded within 90 days of the final decision by the city council with the King County department of records. During the term of the development agreement, the agreement is binding on the parties and their successors.

(Ord. No. 23-972, § 18, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1678.)

Amendments to the terms of the development agreement shall be done only by a written instrument executed by all parties pursuant to the procedures of this chapter, or as may be amended, or as otherwise provided for in the agreement. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement, unless otherwise provided for in the agreement.

(Ord. No. 23-972, § 19, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1679.)

The director of community development may approve minor modifications to the development plan on a case-by-case basis using process III described in Chapter 19.65 FWRC. Criteria for approving minor modifications include but are not limited to the following guidelines:

(1) Modifications shall conform to the terms of the development agreement;

(2) The change will not result in reducing the total landscaped area, buffer areas, or the amount of open space on the project;

(3) The change will not result in increasing the residential density or gross floor area of the project;

(4) The change will not reduce any required yard;

(5) The change will not result in any increase in height of any structure;

(6) The change will not result in a change in the location of any access point to the project;

(7) The change will not increase any adverse impacts or undesirable effects of the project; and

(8) The change in no way significantly alters the project.

Any modification to the development plan not deemed to be minor shall be considered major and shall be decided upon as if it were an application for a new development agreement.

(Ord. No. 23-972, § 20, 11-8-23; Ord. No. 02-426, § 3, 10-15-02. Code 2001 § 22-1680.)