Chapter 19.60
PROCESS II – SITE PLAN REVIEW1

Sections:

19.60.010    Process II generally.

19.60.030    Conduct of the review.

19.60.040    Purposes of review.

19.60.050    Site plan and community design guidelines approval criteria.

19.60.060    Administrative guidelines.

19.60.070    Authority – Director’s decision – Notice.

19.60.080    Appeals.

19.60.010 Process II generally.

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

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

Under process II, the director will make the initial land use decision and the decision on the community design guidelines. Any appeals of either decision will be decided by the hearing examiner after a public hearing.

(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.

19.60.030 Conduct of the review.

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.)

19.60.040 Purposes of review.

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.)

19.60.050 Site plan and community design guidelines approval criteria.

(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.)

19.60.060 Administrative guidelines.

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.)

19.60.070 Authority – Director’s decision – Notice.

(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. A copy of the decision shall be mailed to the applicant, any person who submitted written comments, or any person who specifically requested a copy of the director’s decision. No other notice is required.

(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.)

19.60.080 Appeals.

(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.)


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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.