Chapter 19.15
PERMITS AND REVIEW PROCESSES
Sections:
19.15.025 Zoning and use review process for new tenants – Change of use at a developed site.
19.15.030 Review processes for improvements and additions to developed sites.
19.15.035 Applications for decision processes.
19.15.040 Development application submittal requirements.
19.15.045 Completeness of applications.
19.15.050 Application cancellation.
19.15.060 Optional consolidated permit process.
19.15.070 Authority not affected.
19.15.075 Final decisions and effect of the decision.
19.15.080 Responsibility of applicant and owner.
19.15.090 Complete compliance required.
19.15.100 Lapse of approval – Generally.
19.15.110 Lapse of approval – Time extension.
19.15.010 Exemptions from the requirements of the Regulatory Reform Act of 1995 (Chapter 36.70B RCW).
Certain types of projects such as adoption or amendment of a comprehensive plan, sub-area plan or development regulations are not subject to the mandates of Chapter 36.70B RCW. In addition, a local government may exempt other approvals relating to the use of public areas or facilities and other permits, whether administrative or quasi-judicial, determined by the local government to be a spe cial circumstance warranting a different review process. Yet other projects that may be exempt from certain provisions of the act include projects which are categorically exempt from environmental review or for which environmental review has already been completed under the provisions of the State Environmental Policy Act (SEPA). In general, these projects are anticipated to have no impacts or potential impacts would have been addressed during prior environmental review.
Based on the provisions of the act, the city has developed the following three categories within which exempt projects fall: Projects exempt from all of the procedural requirements of Chapter 36.70B RCW; projects exempt only from the 120-day time line requirement of RCW 36.70B.080; and projects exempt from certain notice or application and notice of decision requirements in RCW 36.70B.110 and 36.70B.130.
(1) Exempt projects. The following projects are exempt from RCW 36.70B.060 through 36.70B.080 and 36.70B.110 through 36.70B.130:
(a) Adoption or amendment of a comprehensive plan.
(b) Adoption or amendment of a sub-area plan.
(c) Adoption or amendment of a development regulation.
(d) Area-wide rezones.
(e) Site-specific rezones.1
(f) Historic or landmark designations.
(g) Permits of approvals to use, vacate, or transfer streets, public rights-of-way, parks, and similar types of public property.
(h) Annexations of land to the city including annexation agreements.
(i) Planned actions as defined in Chapter 43.21C RCW.
(j) Adoption or amendment of development agreements pursuant to RCW 36.70B.170.
(k) Preliminary plat.2
(2) Projects exempt from 120-day time line. Projects within subsection (2)(a) of this section are exempt from the 120-day time line set by RCW 36.70B.080. In addition, the time periods specified within subsection (2)(b) of this section are excluded from the 120-day time line.
(a)(i) Projects requiring a comprehensive plan amendment.
(ii) Projects requiring an amendment to the development regulations.
(iii) Applications for fully contained communities as provided in RCW 36.70A.350.
(iv) Applications for master planned resorts as provided in RCW 36.70A.360.
(v) The siting of an essential public facility as provided in RCW 36.70A.200.
(vi) A project that is substantially revised in which case it shall be treated as a new submittal required to meet all requirements for a complete application as set out in FWRC 19.15.040.
(vii) Capital facility projects of the city.
(b)(i) Any time period during which the applicant has been requested by the director of community development services to complete studies, correct plans, supplement insufficient information, or respond to requests for additional information.
(ii) Any period during which an environmental impact statement is being prepared; said time period must be agreed upon by the applicant and the director of community development services.
(iii) Any period for administrative appeals of a project permit. The time period for an open record appeal hearing shall not exceed 90 days, and for a closed record appeal hearing, said time period shall not exceed 60 days.
(iv) Any extension of time mutually agreed upon by the applicant and the director of community development services.
(3) Projects exempt from certain process requirements. The act allows a local government to exempt certain projects from RCW 36.70B.060, and RCW 36.70B.110 through 36.70B.130. Therefore, the following projects have been exempted from the requirements to issue a public notice of application and notice of decision.
(a) Lot line eliminations and boundary line adjustments.
(b) Building and other construction permits or similar administrative approvals, categorically exempt from SEPA.
(c) Building and other construction permits or similar administrative approvals for which SEPA review has been completed in conjunction with other project permits.
(Ord. No. 18-850, § 6, 6-5-18; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-31.)
19.15.020 Exemptions.
Permits for the following are exempt from the provisions of processes I through IV:
(1) The development of detached dwelling units and accessory dwelling units on preexisting lots, except where a land use process is triggered by the requirements of Chapter 19.145 FWRC.
(2) Any tenant improvements or normal maintenance on the subject property necessary to meet the varied requirements of continuing or succeeding tenants, except as identified in FWRC 19.15.025.
(3) The director of community development may exempt minor additions from the requirements of this chapter such as, but not limited to, additions necessary to house mechanical equipment such as coolers, heating, ventilation, and air conditioning type of equipment, minor exterior building facade modifications such as awnings and canopies, installing or relocating windows or doors. The director may exempt other similar improvements, for example improvements not visible from rights-of-way or residential uses or zones. Projects exempted from processes I through IV shall be reviewed for zoning compliance with the associated building, mechanical or other permit.
(Ord. No. 23-963, § 5, 7-5-23; Ord. No. 12-724, § 4, 6-5-12; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-32.)
19.15.025 Zoning and use review process for new tenants – Change of use at a developed site.
The purpose of this section is to review and determine compliance with applicable zoning and development code requirements when a new use is proposed to occupy an existing building or site, except single-family and multifamily residential proposals. When a land use changes from one use category in the zoning charts to another use category, a zoning compliance review shall be performed as part of the use process review, when required, or in conjunction with the required business registration and/or building permit review. Each paragraph in a zoning chart is a use category. If the new use is in the same use category as any previous legal use of the site, no zoning compliance review is required.
(1) Any new use shall comply with only those standards of the use zoning charts that are directly related to the new use as determined by the director. Examples include parking, use-specific setbacks, use-specific special regulations and notes, and nonconforming surface water quality improvements identified in FWRC 19.30.120. Other nonconforming aspects of the site which are not made nonconforming as a result of the change of use are not required to be brought into conformance as a result of this subsection.
(2) If the review process for the new use is equal to or less than the review process required for any previous legal use of the site, the zoning review shall be completed as part of the required building permit application or if no building permit is required the review shall be completed as part of the business registration review. Except, any new use that requires process III (not as a result of SEPA review) or process IV review will be required to apply for and receive approval of the use process indicated on the applicable use chart.
(3) If a new use requires a higher use process than the use process for any previous legal use of the site, then the applicant must apply for and receive approval of the use process indicated on the applicable use chart.
(Ord. No. 12-724, § 5, 6-5-12.)
19.15.030 Review processes for improvements and additions to developed sites.
Improvements and/or additions to existing developed sites, except critical area intrusions as regulated by Division V of this title, shall be subject to land use review processes as follows:
(1) Minor improvements, modifications and additions. Minor improvements, modifications and additions to a site such as parking lot and landscape area modifications and improvements, and/or additions to an existing developed site that are exempt from SEPA shall be processed using process I, provided the improvements and/or additions do not exceed either of the following thresholds:
(a) Twenty-five percent of the gross floor area of the existing use; or
(b) Two thousand square feet of new gross floor area.
(2) Substantial improvements. Improvements and/or additions to an existing developed site that are exempt from SEPA and exceed the thresholds in subsection (1) of this section, but do not exceed 100 percent of the square footage of the gross floor area of the existing use, shall be reviewed using process II. Substantial improvements to a site for a use which requires process III or IV review shall be reviewed pursuant to the use process indicated on the applicable use zone chart.
(3) Major improvements. Improvements and/or additions to an existing developed site that are not exempt from SEPA and/or exceed 100 percent of the gross floor area of the existing use shall be processed under process III, unless process IV is indicated by the applicable use zone chart in which case process IV shall be used.
(4) Where an improvement/addition that houses a new and different use is added to an existing developed site, the new improvement/addition shall be processed under the use process indicated by the applicable use zone chart.
(Ord. No. 12-724, § 6, 6-5-12; Ord. No. 10-673, § 4, 10-19-10; Ord. No. 07-573, § 10, 12-4-07; Ord. No. 00-375, § 9, 10-3-00. Code 2001 § 22-32.2.)
19.15.035 Applications for decision processes.
(1) Who may apply. Any person, personally or through an agent, may make application for a process I, II, III, IV, or V land use decision.
(2) How to apply. The applicant shall file a completed master land use application. Accompanying the application shall be a written description of the decision requested with a response to the decisional criteria as set forth for any particular use, activity, or decision; all information or material that is specified in the provision that describes the decision applied for; and all materials and information noted in FWRC 19.15.040 that is required by the director.
(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, including requiring any additional forms and any additional information or material that the director determines is reasonably necessary for a decision on the matter.
(Ord. No. 09-594, § 17, 1-6-09. Code 2001 § 22-32.5.)
19.15.040 Development application submittal requirements.
All use process I, II, III and IV applications must at the minimum provide the information contained within City of Federal Way Department of Community Development Services Bulletin No. 053, Development Requirements for Process I, Bulletin No. 054, Development Requirements for Process II or Bulletin No. 001, Development Requirements Handout for Process III or IV, depending on the particular use process being applied for. The submittal requirements are not intended to determine if an application conforms to city of Federal Way codes. They are used only to determine if all required materials have been submitted. A code-related review will occur after a complete application has been submitted. The director may waive any sections determined to be not reasonably necessary.
(Ord. No. 10-672, § 5, 10-19-10; Ord. No. 09-610, § 3(Exh. A), 4-7-09; Ord. No. 09-594, § 18, 1-6-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-33.)
19.15.045 Completeness of applications.
(1) Use process I and use process II. At the time of intake of a complete use process I or use process II application, a notice of completeness as referenced in FWRC 19.15.040 shall be provided to the applicant. This notice shall indicate the date the application is deemed complete. If the city determines that the use process I or use process II application is incomplete, the city shall notify the applicant of what needs to be submitted for a complete use process I or use process II application. In the notice of application, if required, the city shall also identify, to the extent known to the city, the other agencies of local, state, or federal government that may have jurisdiction over some aspect of the proposed development activity.
(2) Use process III or use process IV. Within 28 calendar days of receiving an application for use process III or use process IV, the city shall determine whether the application is complete, as referenced in FWRC 19.15.040. If found to be complete, prior to the 28-day deadline, a letter of completeness shall be issued indicating the date the use process III or use process IV application is deemed complete. If the city determines the application to be incomplete, prior to the 28-day deadline, the city shall notify the applicant of what needs to be submitted for a complete use process III or use process IV application. In this written determination, the city shall also identify, to the extent known to the city, the other agencies of local, state, or federal government that may have jurisdiction over some aspect of the proposed development activity. If the use process III or use process IV application was found incomplete and an applicant submits additional information, the city shall notify the applicant in writing within 14 days, the date the application is deemed complete or whether further additional information is necessary.
(3) Additional information. A determination of completeness shall not preclude the city from requesting additional information or studies, either at the time of the letter of completeness or subsequently, if new information is required or if there are substantial changes in the proposed action.
(4) Vesting. A proposed use process I, II, III, or IV application shall vest to and be considered under the zoning code and other land use control ordinances in effect on the land at the time a fully completed application for use process I, II, III, or IV has been submitted to the city. In the event that the application is deemed incomplete, the use process I, II, III, or IV application shall vest to those codes in effect on the date that all requested supplemental or specific information is submitted. A complete application shall be defined as set forth in FWRC 19.15.040 and based on requirements in related handouts. Vested rights shall not be waivable pursuant to the vested rights doctrine.
(Ord. No. 10-673, § 3, 10-19-10; Ord. No. 09-625, § 3, 9-15-09; Ord. No. 09-594, § 19, 1-6-09. Code 2001 § 22-33.5.)
19.15.050 Application cancellation.
(1) If an applicant fails to provide additional information to the city within 180 days of being notified by mail that such information is requested, the application shall be deemed null and void and the city shall have no duty to process, review, or issue any decisions with respect to such an application.
(2) Extension request. No less than 30 days prior to the lapse of the 180-day notification by the city under subsection (1) of this section, the applicant may submit a written request in the form of a letter with supporting evidence to the department requesting an extension of the time limits and documents the following:
(a) That circumstances beyond the applicant’s control prevent compliance with the time limits of subsection (1) of this section;
(b) That the applicant is making substantial progress in responding to the request for information so that review of the application can be furthered when that information is submitted; and
(c) The number of additional calendar days necessary to provide the requested information.
(3) Review process. A request for an extension to the 180-day time limit will be reviewed and decided upon by the director based on responses to criteria is subsection (2) of this section.
(4) Retroactive applicability. Administrative extension to the 180-day time limit shall be retroactive to those valid process I, II, III, or IV applications currently under review.
(Ord. No. 09-624, § 8, 9-15-09; Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-34.)
19.15.060 Optional consolidated permit process.
Where this title requires more than one application for a given project, all applications required for the project may be submitted for review at one time. Where more than one application is submitted for a given development, and those applications are subject to different levels of process, then all of the applications shall be subject to the highest level of process that applies to any of the individual applications, and procedures for issuance of a letter of completeness, notice of application, notice of decision, open review record hearing, and/or appeal hearing, if applicable, shall be applied to the several applications as if they were part of a single application.
(Ord. No. 97-291, § 3, 4-1-97. Code 2001 § 22-35.)
19.15.070 Authority not affected.
Nothing in the decision processes in any way limits the authority of the city, including but not limited to the authority to condition or deny proposals, through any other provision of the Code or other law.
(Ord. No. 09-594, § 20, 1-6-09. Code 2001 § 22-36.)
19.15.075 Final decisions and effect of the decision.
Upon a decision becoming final, the applicant may engage in activity based on the decision, provided applicable permits have been approved.
(1) Director. Decisions of the director of community development services become final subject to the following:
(a) If a written notice of appeal is received within the appeal period, the decision shall not become final until the appeal process is complete and the city issues a final decision.
(b) If no appeal is submitted within the 14-calendar-day appeal period, the decision shall become final on the first calendar day following the expiration of the appeal period.
(2) Hearing examiner. If a decision of the hearing examiner is the final decision of the city, it may be reviewed under FWRC 19.70.260. Where the hearing examiner’s decision is not the final decision of the city, the decision may be appealed under FWRC 19.70.170 and is subject to subsection (2)(b) of this section.
(a) Agency decision appeals. The decision by the hearing examiner on an agency decision appeal is the final decision of the city, except where the proposed project involves:
(i) An approval, other than a site plan approval, involving a school (FWRC 19.195.100), a community recreation area (FWRC 19.195.120), a government facility (FWRC 19.195.150), a public utility (FWRC 19.195.140), or a public park (FWRC 19.195.160) located in an SE (suburban estates), RS (single-family residential), or RM (multifamily) zone; or
(ii) A site plan approval for a public utility located in a BN (neighborhood business), BC (community business), or OP (office park) zone; or
(iii) SEPA appeals under FWRC Titles 14 and 15.
(b) Other cases. In cases not subject to subsection (2)(a) of this section, decisions of the hearing examiner become final:
(i) If no appeal of the hearing examiner’s decision is submitted within the appeal period, on the first calendar day following the expiration of the 14-calendar-day appeal period;
(ii) If a written notice of appeal of the hearing examiner’s decision is received within the appeal period, when the city issues a final decision after the appeal process is complete.
(Ord. No. 09-624, § 4, 9-15-09.)
19.15.080 Responsibility of applicant and owner.
Regardless of any review, approval, inspection, or other actions of the city, it is the responsibility of an applicant and any owner to ensure that all work, actions, or conditions on the subject property comply with this title, any permits or approvals granted under this title, and all other applicable laws or permits.
(Ord. No. 09-594, § 21, 1-6-09. Code 2001 § 22-37.)
19.15.090 Complete compliance required.
(1) Generally, an applicant must comply with all aspects, including conditions and restrictions, of an approval granted under this title in order to do everything authorized by that approval.
(2) Requests for changes or modifications to an approved site that has been approved through use processes I through IV shall be processed in accordance with FWRC 19.15.030(1) through (4).
(3) A request to modify a process I through IV approval, an approved site plan or a condition of approval for a proposal that has been approved through processes I through IV must be submitted in writing to the director of community and economic development and/or the hearing examiner based upon the level of the underlying approved use process review. The director and/or hearing examiner shall have the discretion to approve those requests that are consistent with city codes. The director or hearing examiner may require notice to parties of record and/or adjacent property owners as deemed appropriate. Any requests to the hearing examiner must be submitted through the department of community and economic development.
(Ord. No. 12-724, § 7, 6-5-12; Ord. No. 09-594, § 22, 1-6-09. Code 2001 § 22-38.)
19.15.100 Lapse of approval – Generally.
(1) Use process I. The applicant must substantially complete construction for the development activity, use of land, or other actions approved and complete the applicable conditions listed in the process I decision within one year after the final decision of the city on the matter, or the decision becomes void. If a land use petition is filed under Chapter 36.70C RCW in King County superior court, the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation.
(2) Use process II, III, and IV. The applicant must substantially complete construction for the development activity, use of land, or other actions approved and complete the applicable conditions listed in the use process II, III, and IV decision within five years after the final decision of the city on the matter, or the decision becomes void. If a land use petition is filed under Chapter 36.70C RCW in King County superior court, the time limits of this section are automatically extended by the length of time between the commencement and final termination of that litigation. If the development activity, use of land, or other action approved under this chapter includes phased construction, the time limits of this section may be extended in the decision on the application, to allow for completion of subsequent phases.
(Ord. No. 09-624, § 9, 9-15-09; Ord. No. 09-594, § 23, 1-6-09. Code 2001 § 22-39.)
19.15.110 Lapse of approval – Time extension.
(1) Application. No less than 30 days prior to the lapse of approval under FWRC 19.15.100 for substantially completing construction or prior to lapse of approval for any proceeding time extension granted under this section, the applicant may submit a written request in the form of a letter with supporting documentation to the department requesting extension of those time limits of up to two years.
(2) Criteria. An extension request shall satisfy the following criteria to be approved:
(a) Except for the first request for time extension, the applicant has made substantial progress to complete the project;
(b) There are circumstances beyond the applicant’s control which prevent compliance with the time limits of FWRC 19.15.100, or any previously granted extension;
(c) The extension will not create or continue conditions that constitute a code violation or an attractive nuisance, contribute to erosion and sedimentation problems, or impact the public health, safety and welfare; and
(d) Whether either physical conditions in the vicinity of the project or codes and requirements of the city, applicable agencies, and utility providers have changed to a such a degree since initial approval that it would be contrary to the public interest to extend the life of the project, including but not limited to such factors as:
(i) Whether the adoption of new codes/standards would substantially affect project layout and storm drainage design;
(ii) The adequacy of mitigation and/or impact fees to address the cost of mitigation at the end of the expiration period;
(iii) Whether the delayed project is an impediment to other development projects in the vicinity as a result of traffic concurrency reserved capacity.
The director may condition the extension request to satisfy criteria (2)(c) and (d) of this section as appropriate.
In order to demonstrate compliance with the criteria of subsection (2) of this section, the applicant may also provide pertinent documentation of financial backing, lease acceptance, or other such commitments secured by the developer and/or agent as well as applicable project timelines with milestones and dates of anticipated completion.
(3) Fee. The applicant shall include, with the letter of request, the hourly fee as established by the city. The request will not be accepted unless it is accompanied by the required hourly fee.
(4) Review process and timeline. Each request for time extension will be administratively reviewed and decided upon by the director who may grant up to a one-year extension of time to substantially complete construction and complete applicable conditions of approval for approved use process I application(s) after final decision and may grant up to a two-year extension of time to substantially complete construction and complete applicable conditions of approval for approved use process II, III, or IV application(s).
(5) Appeals. Any person who is aggrieved by the granting or denying of a request for a time extension under this section may appeal that decision as provided in FWRC 19.65.120. The appellant must file a letter of appeal indicating how the decision on the time extension affects the appellant’s property and presenting any relevant material or information supporting the appellant’s contention. The appeal will be heard and decided upon using process IV. Pursuant to Chapter 36.70B RCW, any time limit upon the city’s processing and decision upon applications under this title may, except as otherwise specifically stated in this title, be modified by a written agreement between the applicant and the director.
(6) Retroactive applicability. Extensions approved under this section shall be retroactive only for those active and valid use process I, II, III, or IV applications.
(Ord. No. 09-624, § 10, 9-15-09; Ord. No. 09-594, § 24, 1-6-09. Code 2001 § 22-40.)
The time required for screening by the city council land use and transportation committee prior to city council review of an application for site-specific rezones, and the possibility that supplementation of the record will be required in order for the city council to issue a decision on an application, create special circumstance pursuant to RCW 36.70B.140 necessitating exemption of site-specific rezones from the review procedures of Chapter 36.70B RCW. The city has elected to provide a public notice of application and decision for site-specific rezones notwithstanding this exemption.
The time required for screening by the city council land use and transportation committee prior to city council review of an application for a preliminary plat, and the possibility that supplementation of the record will be required in order for the city council to issue a decision on an application, create a special circumstance pursuant to RCW 36.70B.140 necessitating exemption of preliminary plat applications from the review procedures of Chapter 36.70B RCW. The city has elected to provide a letter of completeness and public notice of application and decision notwithstanding this exemption.