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HomeMy WebLinkAboutITEM II-E-2CCIY + AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Proposed amendments to Title 18 - Zoning, of the Date: September 27, 2011 Auburn City Code related to parking and landscaping regulations, administrative variance process, and outdoor lighting standards (Code Update Project — Phase 2 - Grouping 1). Department: Planning and Attachments: See Exhibit list below. Budget Impact: N/A Development Administrative Recommendation: Planning Commission to hold a public hearing on the proposed amendments and make a recommendation to City Council. Background Summary: The Code Update Project began in September 2008 and is progressing in two phases. Phase 1, completed in June of 2009, updated the City's residential - related zoning districts (Title 18 ACC) and subdivision code (Title 17 ACC). Phase 2 updates the City's non - residential related zoning districts (Title 18 ACC) and chapters that regulate non - residential and multi - family developments such as off - street parking and landscaping. The Code Update Project is intended to meet four key objectives: Improve development code readability and ease of use; and Update technical content to address known issue areas and better support the City's development review and quasi-judicial decision process; and Ensure development code and design standards are coordinated and consistent with Auburn's Comprehensive Plan and other state land use and environmental requirements; and Promote sustainability concepts where feasible. The proposed amendments (Phase 2, Group 1) will affect the current zoning code as follows: Amend and delete existing code sections and add new code sections within the following Chapters: ACC 18.50 (Landscaping and Screening) and ACC 18.52 (Off Street Parking and Loading). Amend Chapter ACC 18.70 (Variances, Special Exceptions and Administrative Appeals) by adding an administrative variance process. And lastly create a new Chapter of the zoning code related to outdoor lighting. The October 18, 2011 Planning Commission meeting will involve a public hearing on the proposed code amendments. The Planning Commission is advisory to the City Council and will make a recommendation to the City Council on the proposed code amendment. Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M &O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ® Planning & CD ❑ Fire ® Planning ❑ Park Board ❑ Public Works ® Legal ❑ Police ® Planning Comm. ❑ Other ® Public Works ❑ Human Resources ❑ Information Services Action: Committee Approval: ❑Yes ❑No Council Approval: ❑Yes ❑No Call for Public Hearing Referred to Until Tabled Until Councilmember: Staff: Wagner Meeting Date: October 18, 2011 Item Number: Agenda Subject: Proposed amendments to Auburn City Code related Date: September 27, 2011 to the Code Update Proiect — Phase 2 - Groupina 1 (ZOA11 -0006) A. RESPONSIBLE DEPARTMENT: City of Auburn Planning and Development Department, Kevin H. Snyder, AICP, Director B. RESPONSIBLE STAFF: Stuart Wagner, AICP Planner, City of Auburn Planning and Development Department C. AREA OF IMPACT: Citywide D. PLANNING COMMISSION PUBLIC HEARING DATE: October 4, 2011 E. CITY COUNCIL ORDINANCE CONSIDERATION DATE: Currently scheduled for November 21, 2011 F. FINDINGS OF FACT: 1. Title 18 of the Auburn City Code (ACC), includes Chapter 18.68, Amendments, which addresses amendments to Title 18, Zoning. 2. The proposed code amendment addresses specific chapters of the zoning code that regulate non - residential and multi - family developments. This includes amending and deleting existing code sections together with adding new code sections in the following Chapters: ACC 18.50 (Landscaping and Screening) and ACC 18.52 (Off Street Parking and Loading). The proposal also amends Chapter 18.70 (Variances, Special Exceptions and Administrative Appeals) by adding an administrative variance process. Lastly the proposal creates a new Chapter of the zoning code, ACC 18.53 — Outdoor Lighting Standards, to encourage appropriate use and design of outdoor lighting in certain zones of the City and encourage energy conservation. 3. The proposed code amendment is supported by the City of Auburn Comprehensive Plan as discussed under the conclusions' section of this report. 4. A Determination of Non - Significance was issued for the City initiated Code Amendments on September 15, 2011 under city file SEP11 -0020. The Determination of Non - Significance was published in the September 15, 2011 edition of the Seattle Times. To date no comments have been received. The comment period ends September 29, 2011 at 5:00 p.m. 5. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this agenda bill were sent to the Washington State Department of Commerce, Growth Management Services, and other state agencies as required for the 60 -day state review. An acknowledgement letter was received on September 21, 2011. No comments were received from Commerce or other state agencies as of the writing of this report. Page 2of7 Agenda Subject: Proposed amendments to Auburn City Code related Date: September 27, 2011 to the Code Update Proiect — Phase 2 - Groupina 1 (ZOA11 -0006) 6. Initial concepts were reviewed by the Planning and Community Development Committee on February 14, 2011 and May 23, 2011 and the Committee provided initial policy feedback to staff . 7. The Planning Commission conducted a duly noticed work study session on August 23, 2011 to review and discuss with staff potential amendment issues and ideas inclusive of the potential amendments to Title 18 (Zoning). 8. The public hearing notice was published on September 23, 2011 in the Seattle Times at least 10 -days prior to the Planning Commission public hearing scheduled for October 4, 2011. 9. The following conclusions support the proposed amendments to Title 18, Zoning, scheduled for the Planning Commission's October 4, 2011 public hearing with a staff recommendation. G. Conclusions 1. Pursuant to Auburn City Code (ACC) Section 18.68.030 and 18.68.040, the following public process is applicable: 18.68.030 Public hearing process A. Text Amendments. With the exception of purely administrative or procedural amendments, the planning commission shall conduct at least one public hearing on all amendments to this title. The planning commission shall make a recommendation to the city council who may or may not conduct a public hearing. 18.68.040 Public hearing notice requirements A. Text Amendments. 1. Planning Commission. For text amendments that require a public hearing under ACC 18.68.030(A), notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, at least 10 days prior to the public hearing and by posting the notice in three general public locations. 2. City Council. Notice of a public hearing shall be given by publication, in a newspaper of general circulation in the area, prior to the public hearing and by posting the notice in three general public locations. Comment- The public hearing before the Planning Commission is scheduled for October 4, 2011 meeting the requirement under ACC 18.68.030. The public hearing notice was published in the Seattle Times, the City's official newspaper, on September 23, 2011 at least 10 days prior to the public hearing. The public hearing notice was also posted at City Hall (25 West Main Street), the Customer Service Center (One East Main Street), and on the City's website meeting the requirement for posting the notice in three general public locations. 2. The proposed amendments to Title 18 (Zoning) are intended to reorganize and update regulations and standards to create a more logical flow in the regulation of land uses and to appropriately reflect changes in state law. In addition, these amendments are intended to reduce redundancy and vagueness, add or modify definitions and make the regulations easier to use and understand. 3. The proposed amendments to Title 18 (Zoning) do not require any changes to the City's current critical area regulations contained in ACC 16.10 (Critical Areas). Any future Page 3of7 Agenda Subject: Proposed amendments to Auburn City Code related Date: September 27, 2011 to the Code Update Proiect — Phase 2 - Groupina 1 (ZOA11 -0006) development subject to the proposed amendments to Title 18 will still be required to demonstrate compliance to applicable standards and regulation specified in ACC 16.10. 4. The proposed amendments to Title 18 (Zoning) will support current and future land and shoreline uses that are consistent with the City's current Comprehensive Plan and current Shoreline Master Program. Staff has not proposed substantive or non - substantive amendments to Title 18 that would be deemed inconsistent with the City's adopted plans and policies. 5. Auburn City Code Chapter 18.68, Amendments, does not have specific decision criteria for text amendments to the zoning title. At a minimum, proposed text amendments are to be consistent with the City's Comprehensive Plan pursuant to RCW 36.70A.040. The proposed code amendment is supported by the following Comprehensive Plan Objectives and Policies: Policy guidance on landscaping Objective 22.2. To improve the visual quality of new development Policies UD -14 Industrial development shall incorporate appropriate landscaping and site design to minimize its visual impact on surrounding development. UD -15 The City should require all projects, both public and private, to include landscaping. Codes and regulations which govern landscaping shall be updated and revised and include provisions for continued maintenance. Comment- The intent of the landscaping and screening chapter is to provide minimum landscaping and screening requirements in order to enhance the city's appearance and to visually unify the city and its neighborhoods. No changes have been made to the intent statement. As stated in the applicability section, landscaping is required for all uses and activities developed in the city excluding single - family and duplex units on individual lots. As such the visual quality of new development will be improved by the requirements found within the landscaping and screening chapter of Title 18 — Zoning. Objective 18.5. To recognize the aesthetic, environmental and use benefits of vegetation and to promote its retention and propagation. Consideration shall be given to promoting the use of native vegetation. Policies EN -33 The City recognizes the important benefits of native vegetation including its role in attracting native wildlife, preserving the natural hydrology, and maintaining the natural character of the Pacific Northwest region. Native vegetation can also reduce the use of pesticides (thereby reducing the amount of contaminants that may enter nearby water systems) and reduce watering required of non - native species (thereby promoting conservation). The City shall encourage the use of native vegetation as an integral part of public and private development plans through strategies that include, but are not limited to, the following: Page 4of7 Agenda Subject: Proposed amendments to Auburn City Code related Date: September 27, 2011 to the Code Update Proiect — Phase 2 - Groupina 1 (ZOA11 -0006) o Encouraging the use of native plants in street landscapes and in public facilities. o Providing greater clarity in development regulations in how native plants can be used in private development proposals. o Pursuing opportunities to educate the public about the benefits of native plants. EN -33A Development regulations shall emphasize the use of native plant materials that complement the natural character of the Pacific Northwest and which are adaptable to the climatic hydrological characteristics of the region. Regulations should provide specificity as to native plant types in order to facilitate their use. EN -34 The City shall discourage the unnecessary disturbance of natural vegetation in new development. EN -35 The City shall encourage the use of water conserving plants in landscaping for both public and private projects. EN -36 The City shall update and amend its landscaping ordinances to ensure that sufficient landscaping is a required component of all development. Emphasis should be placed on higher quality and quantity of landscaping. EN -37 The City shall strengthen the tree protection ordinance targeted at protecting large stands of trees and significant trees within the City. Comment: The new landscaping regulations contain provisions on significant tree retention and the incorporation of native vegetation into the landscape plantings. Significant trees located in required planter areas (i.e. perimeter areas that abut street and residential properties) now need to be retained unless determined to be damaged, diseased, or pose a safety hazard and fifty percent of trees, shrubs, and ground cover shall be native or non - invasive species that have adapted to the region. The new landscaping regulations also contain a minimum landscape coverage requirement. This percentage requirement (between 10 -20 depending on zoning district) will ensure that sufficient landscaping is a required component of all development. Policy guidance on off - street parking Objective 9.3. To encourage the appropriate use of areas adjacent to heavily traveled arterials while minimizing land use conflicts: Policy LU -60 The City shall encourage the grouping of individual commercial enterprises along commercial arterials to promote the sharing of parking areas, access drives and signs. Such grouping can be encouraged through land division regulations, sign regulations and development standards. • / / //'/ The comprehensive plan does not contain a lot of policy guidance on off - street parking. The City however should have regulations in place that provide for safe, attractive, and convenient off - street parking and that it be compatible with surrounding land uses. The proposed code amendments to the off - street parking chapter of Title 18 — Zoning accomplish these goals through the avoidance of large and underutilized parking lots by establishing parking maximums, increasing the number of shared and reduced parking strategies, Page 5of7 Agenda Subject: Proposed amendments to Auburn City Code related Date: September 27, 2011 to the Code Update Proiect — Phase 2 - Groupina 1 (ZOA11 -0006) allowing for alternative parking lot surfaces, and permitted alternative parking layouts subject to approval by the planning director. The proposed amendments will bring a more balanced approach to parking and land use. Policy guidance on flexibility Chapter 2 - General Approach to Planning Predictability in land use regulation fosters confidence in land and improvement investments (both private development and public facilities), and can have a positive effect on long term property values. It also fosters fairness and consistency, and eases administration. It has the disadvantage of not dealing well with changing conditions (e.g. new manufacturing technologies), unique circumstances or when someone simply comes forward with a "better" idea. Flexible regulations can deal with such conditions and circumstances, but may require a large commitment of time, expertise and other resources to manage. Auburn's policy will be mixed; stressing predictability in single family neighborhoods, while allowing flexibility in areas committed to industrial or commercial uses where performance standards are usually more important than specific use restrictions. GOAL 2. FLEXIBILITY To provide predictability in the regulation of land use and development, especially where residential uses are affected, but to also provide flexibility for development through performance standards that allow development to occur while still protecting and enhancing natural resources and critical lands in overall compliance with this comprehensive plan. Objective 2.1. To provide assurance that residential areas will be protected from intrusions by incompatible land uses. Policies: GP -11 Ordinance provisions designed to protect residential areas shall give priority to providing predictability and stability to the neighborhood. GP -12 Adequate buffering shall be required whenever new commercial or industrial uses abut areas designated for residential uses. Objective 2.2. To provide flexibility for major new commercial or industrial developments to respond to changing market conditions without threatening the purposes of this Comprehensive Plan. Policy: GP -13 Ordinances regulating developing commercial or industrial areas should be based on performance standards which provide flexibility to respond to market conditions while ensuring compatibility with the Comprehensive Plan, and with present and potential adjacent uses. C;nmmPnhq The proposed code amendments include new provisions that allow for greater flexibility in landscaping and parking lot design. Modification of the landscaping requirements can be Page 6of7 Agenda Subject: Proposed amendments to Auburn City Code related Date: September 27, 2011 to the Code Update Proiect — Phase 2 - Groupina 1 (ZOA11 -0006) achieved through an alternative landscape plan that provide for creative design, or incorporates an increased retention of significant trees or historical or architectural features found on a site. Further, alternative parking layouts can be allowed provided the appropriate number of parking spaces are provided and vehicles can move in and out in a safe manner and with minimal disruption of traffic on the adjacent street. Additional flexibility is provided through a series of shared and reduced parking strategies. Here a reduction in the number of required parking stalls can be permitted if a development is close to transit, has a low parking demand, or incorporates bicycle parking and /or car sharing stalls (i.e. zip cars). Lastly a new administrative variance process has been created where under specific cases the planning director could grant relief to development standards (up to 25% for variances related to building setbacks, lot coverage, lot area, and lot width). All of the proposed code amendments described above provide flexibility for development. Policy guidance on lighting Objective 18.7. Enhance and maintain the quality of life for the City's inhabitants by promoting a healthy environment and reducing the adverse impact of environmental nuisances. Policy. EN -43 The City shall seek to minimize the exposure of area inhabitants to excessive levels of light and glare. Performance measures for light and glare exposure to surrounding development should be adopted and enforced. Cnmment- As stated in the intent section of the outdoor lighting chapter, new regulations have been created to discourage excessive lighting of outdoor spaces, encourage energy conservation and promote exterior lighting that promotes safe vehicular and pedestrian access to and within a development while minimizing impacts on adjacent properties. The proposed code amendments are in accordance with the goals, policies and objectives of the comprehensive plan. Staff Recommendation The Planning Commission recommends approval to the City Council of the proposed zoning code text amendment as presented by staff based on the findings of fact and conclusions. Exhibits Exhibit 1: Auburn City Code Chapter 18.50 — Landscaping and Screening (revised) Exhibit 2: Auburn City Code Chapter 18.52 —Off- street Parking and Loading (revised) Exhibit 3: Auburn City Code Chapter 18.70 — Variances, Special Exceptions, and Administrative Appeals (new section) Exhibit 4: Auburn City Code Chapter 18.53 — Outdoor Lighting Standards (new chapter) Exhibit 5: Determination of Non - Significance and Affidavit of Publication Exhibit 6: Environmental Checklist Exhibit 7: Public Hearing Notice and Affidavit of Publication Exhibit 8: Letter to Department of Commerce for 60 -day State Review Exhibit 9: Acknowledgment letter from Department of Commerce Page 7of7 DRAFT Chapter 18.50 LANDSCAPING AND SCREENING Sections: 18.50.010 Intent. 18.50.020 .Applicability 'I 8 Fn n3n nofir,i +inr,S 18.50.040 . Landscape development standards. 18.50.045 Preservation of significant trees i 8.500.050 Rog1 1la Rs hit ;mn 18.50.060 GeReF ' 'Landscape plan requirements. 18.50.070 L- RdSGape mair,teRa Ge req iiromoR+s.Administration and Enforcement 18.50.080 .Alternative landscape plan 18.50.010 Intent. EXHIBIT 1 The intent of this chapter is to provide minimum landscaping and screening requirements in order to maintain and protect property values, to enhance the city's appearance, to visually unify the city and its neighborhoods, to improve the character of certain areas of the city, to reduce erosion and storm water runoff, to reduce CO2 emissions, improve air quality, and to maintain or replace existing vegetation and to prevent and abate public nuisances. (Ord. 4914 § 1, 1996; Ord. 4773 § 1, 1995; Ord. 4229 § 2, 1987.) 18.50.020 .Applicability A. This chapter applies to all uses and activities developed in the city excluding single - family and duplex units on individual lots. B. When additions, alterations, or repairs of any existing building or structure exceed 50 percent of the value of the building or structure, or a residential use is converted to a nonresidential use, then such building or structure shall be considered to be a new use and site landscaping provided in accordance with this Chaptera^^^rdir,nl"; provided, that if any existing foundation or fence layout precludes full compliance herewith, then the landscaping requirements may be modified by the planning_director in approved landscape plans. (Ord. 4914 § 11 1996; Ord. 4304 § 1(33), 1988; Ord. 4229 § 21 1987.) DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 18.50.040 To unnn of land �i+�ninn, Landscape development standards. 'T ra %F%.V %w A. General Location for Landscape Improvements. LandscaDina shall be provided in the followin locations for all types of development, unless the ac th the City determines that the required landscape is not necessary to fulfill the purposes of this chapter. 1. Perimeter Areas. All areas that abut a street or residential property shall be landscaped in compliance with this chapter, except where occupied by a primary building, walk or driveway. Minimum landscape areas are listed in Table 18 -50 -040. 2. Unused Areas. All areas of a multifamily or nonresidential project site not intended for a specific use (including areas planned for future phases of a phased development), shall be landscaped with existing natural vegetation, native grasses or similar. 3. Pam_ /loading Areas. Parking lots, and where loading areas are visible from a public street, shall be landscaped in compliance with this Chapter. 4. Outdoor Storage Areas, Recreational Vehicle Parking, and Refuse Areas. All outdoor storage areas, recreational vehicle parking, and refuse areas, when visible from adjoiningo . properties or public streets, shall be landscaped in compliance with this Chapter. B. Landscape Area Requirements by Zones. Minimum landscape area requirements are listed below by zones consistent with Chapter 18.02.070 Establishment of Zones, of this Title. Table 18.50.040 A Minimum Landscape Requirements by Zoning District Landscape Minimum Width - Perimeter AreaS2 Minimum Abutting Landscape Abutting Residential Zones Coverag Property Residential Zones RC, R1, R5, and R7 Residential Zones4 N/A N/A N/A R10, R16 and R20 ZoneS5 20% 6 ft. 10 ft. Non Residential Zones C2 10% 0 ft. 6 ft. C1, C N 10% 6 ft. 10 ft. C3, I, P1 15% 6 ft. 10 ft. EP 10% 10 ft. 10 ft. BP 15% 10 ft. 10 ft. M 1 10% 10 ft. 10 ft. M2 10% 10 ft. 25 ft. DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 Other R06 / RO -H6 N/A N/A N/A D U C7 N/A N/A N/A Notes: 1. Minimum landscape coverage required is the minimum percentage of net lot area that must be maintained with a vegetated pervious surface, Vegetated bioretention cells or water quality treatment swales (not permanently inundated or ponded areas) may be included in the required landscape coverage percentage. 2. Listed planter widths shall be located entirely on private property. 3. The minimum landscape planter abutting a street may be reduced in size using the provision contained in ACC18.50.080, Alternative landscape plan. The reduced landscape planter shall have an average width of the requirement contained in Table 18.50.040. 4. Landscaping shall only be required in conjunction with an Administrative or Conditional Use Permit. The type and amount of landscaping shall be determined at that time the Administrative or Conditional Use Permit is approved. 5. Refer to AM 8.31.200 Multi- family Development and Mixed -use Development Design Standards and procedures for additional requirements. 6. Landscaping within the RO /RO -H zone is not required unless site development includes the demolition of existing structure(s) together with new construction. Under this scenario the minimum landscape requirements of the C1 zone shall be met. 7. Landscaping within the DUC zone shall be provided as defined in the Downtown Urban Center Design Standards, see reference to ACC 18.29.070. C. Landscape Design and Planting Requirements. Landscape design and construction for new development or redevelopment shall be compatible with the surrounding urban and natural environment. Landscape plantings shall comply with the plant type, size, and spacing provisions listed below. 1. Landscape Desian. LandscaDina shall be desianed as an intearal Dart of the overall site Dlan with the purpose of enhancing building design, public views and spaces, and providing buffers, transitions, and screening. a. All required planting areas shall be covered with a mixture of trees, shrubs, and groundcover plants. Sodded lawn (not seed) may be substituted for some but not of all shrubs or ground cover plants. If sodded lawn is used it cannot cover more than 20 percent of the site and those portions of the lawn area must be served by an automatic irrigation system. b. Planting design shall have focal points at project entries, plaza areas, and other areas of interest using distinct planting and /or landscape features. c. As appropriate, building and site design shall include the use of landscaping a_ aq inst buildings to visually break up expanses of wall, soften appearance, and create visual interest through the use of planting areas, wall planters, and /or raised planters. d. Loose rock, gravel, decorative rock or stone, shall not exceed 20 percent of the Planting area. 2. Plant TvDes. Landscape Dlantina shall be compatible with the character and climate of the Pacific Northwest and complement the architectural design of structures on the site. a. Native landscaping. Landscaping materials installed shall include species native to the Puget Sound lowland region of the Pacific Northwest or non - invasive species that have adapted to the climactic conditions of the region in the following minimum amounts- i. 50 percent of trees. ii. 50 percent of ground cover and shrubs. DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 b. Trees. Trees planted within ten (10) feet of a public street, sidewalk, paved trail, or walkway shall be a deep- rooted species grand shall be separated from hardscapes by a root barrier to prevent physical damage to public improvements. 3. Planting Size and Spacing. In order to balance both an immediate effect of a landscape installation and to allow sustained growth of planting materials, minimum plant material sizes and plant spacing are as follows: a. Trees. Trees shall be a minimum of one and one -half in diameter breast height (dbh) at the time of planting. Evergreen trees shall be a minimum of four to six feet in height at the time of planting and may include either broadleaf or conifer. Tree spacing . within the perimeter planters along streets and abutting residential property shall be planted no further apart on center than the mature diameter of the proposed species. b. Shrubs. Shrubs shall be a minimum of 18 t&=24 inches in height, or two gallon size containers, at the time of planting. c. Groundcover. Groundcover means low evergreen or deciduous plantings and shall be planted from either 4 -inch pot with 12 -inch spacing or 1 _ alq Ion pot with 18 -inch spacing, Alternative spacing of particular species may be approved by the city if documentation concerning the effectiveness of the ground cover is submitted with the landscape plan. d. Additional Spacing Provisions. i. Tree size and spacing at installation shall be increased by the city where needed to ensure visual access for vehicles and pedestrians and provide clear vision at street, access tracts and driveway intersections (sight distance trian_glesZ ii. Trees or shrubs with a full -grown height equal to or greater than 30 inches shall not be planted in any sight distance triangle. Sight distance triangles are determined in conformance with the City of Auburn En _ ineering Design Standards, Chapter 10. iii. A minimum distance of 15 feet is required from the mature diameter of trees and the center of street light standards. 4. Landscaping Requirements for Parking Areas. a. General parking lot landscaping Standards i. All parking lot landscape areas shall be protected with vertical or extruded concrete curbs, or equivalent barriers. Bumper blocks shall not be used as a substitute for curbing and boundary around the landscaped area; ii. All parking lot landscaping must be located between parking stalls, at the end of rows of parking, or between the end of rows of stalls and the property line. iii. The maximum distance between any parking stall and required parking area landscaping shall be no more than 50 feet. iv. Shrubs, ground cover or lawn shall be planted to cover each parking lot planting area using the planting size and spacing requirements specific in ACC 18.50.040 3. above. All ground cover shall have a mature height of not more than 24 inches. v. Modifications to protect drainage features, easements, or utility facilities may be allowed. Modifications that reduce landscape area or plant material shall be made up elsewhere on -site, if possible. vi. The requirements of this section shall not apply to parking garages or to display areas for automotive and equipment sales and rentals that are specifically designed, approved and constructed for the display purpose and that do not reduce required landscape areas. DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 a-b. Specific parking lot landscaping standards Table 18.50.040 B Specific Parking Lot Landscaping Standards 5. Landscaping for outdoor storage areas, recreational vehicle parking, and refuse areas a. Outdoor storaae areas and recreational vehicle Darkina areas must be screened from view from adjacent streets and from all residentially zoned land by a minimum six (6) foot wide landscape buffer. This landscape buffer shall contain evergreen trees or tall shrubs, a minimum of six feet in height at the time of planting, which will provide a 100 percent sight - obscuring screen within three years from the time of planting is required; or a combination of evergreen trees or deciduous trees, planted 20 feet on center with no more than 30 percent being deciduous and backed by a 100 percent sight - obscuring fence. In addition to the trees, shrubs shall be planted at four -foot spacing, in all directions, and groundcover provided. b. Outdoor storage areas abutting the Interurban Trail (regardless of the zoning of the Interurban Trail ) and other future trails connecting to the Interurban Trail shall have a minimum 10 -foot wide landscape buffer containing the planting materials specified in ACC 18.50.040 5(a), above. c. Trash containers, dumpsters, trash compactors, and recycling bins associated with multiplex, multi -unit residential, and nonresidential uses must be screened from public view on all sides with a solid fence, wall, or gate constructed of cedar, redwood, masonry, or other similar building material reflecting the overall design of the site, and be appropriately landscaped (eq. climbing vines, arborvitae, etc) 6. Irrigation. No portion of any landscaped area shall be located further away than 50 feet from a source of water adequate to irrigate the landscaping. The source of water may be a manual (hose connection) or an automatic irrigation system. DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 Requirements Landscaped Area Required Planting Area Design Plantings Required 12 parking stalls or No requirement less Minimum planter width: 6 Trees shall be provided at the 13 -75 parking stalls 7% of surface parking stalls feet rate of a minimum of one per (exclusive of circulation) planter and /or one per 100 square feet of planter. Trees shall be provided at the 76 parking stalls or 10% of surface parking stalls Minimum planter width: 6 rate of a minimum of one per more (exclusive of circulation) feet planter and /or one per 100 square feet of planter. 5. Landscaping for outdoor storage areas, recreational vehicle parking, and refuse areas a. Outdoor storaae areas and recreational vehicle Darkina areas must be screened from view from adjacent streets and from all residentially zoned land by a minimum six (6) foot wide landscape buffer. This landscape buffer shall contain evergreen trees or tall shrubs, a minimum of six feet in height at the time of planting, which will provide a 100 percent sight - obscuring screen within three years from the time of planting is required; or a combination of evergreen trees or deciduous trees, planted 20 feet on center with no more than 30 percent being deciduous and backed by a 100 percent sight - obscuring fence. In addition to the trees, shrubs shall be planted at four -foot spacing, in all directions, and groundcover provided. b. Outdoor storage areas abutting the Interurban Trail (regardless of the zoning of the Interurban Trail ) and other future trails connecting to the Interurban Trail shall have a minimum 10 -foot wide landscape buffer containing the planting materials specified in ACC 18.50.040 5(a), above. c. Trash containers, dumpsters, trash compactors, and recycling bins associated with multiplex, multi -unit residential, and nonresidential uses must be screened from public view on all sides with a solid fence, wall, or gate constructed of cedar, redwood, masonry, or other similar building material reflecting the overall design of the site, and be appropriately landscaped (eq. climbing vines, arborvitae, etc) 6. Irrigation. No portion of any landscaped area shall be located further away than 50 feet from a source of water adequate to irrigate the landscaping. The source of water may be a manual (hose connection) or an automatic irrigation system. DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 18,50.045 Preservation of significant trees. A. Retention. In the required perimeter landscaping area, applicants shall retain all significant trees as . A si nificant tree means a healthy evergreen tree six inches or more in diameter measured four feet above grade, or a healthy deciduous tree four inches or more in diameter measured four feet above grade. Alders and cottonwoods are excluded from this definition. If the grade level adjoining a tree to be retained is to be altered to a degree that would endanger the DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 viability of a tree or trees, then the applicant shall construct a dry rock wall or rock well around the tree. The diameter of this wall or well must be capable of protecting the tree. Areas devoted to driveways, curb cuts, and sight distance requirements, utilities and storm drainage facilities may be exempted from this requirement. Significant trees may also be exempted from this requirement if it is determined by the planning director based on satisfactory evidence pursuant to report prepared by a consulting arborist certified by the International Society of Arboriculture. The report submitted to the city shall demonstrate the significant tree is: 1. Damaged 2. or diseased; or 3. weak structural integrity that poses a safety hazard If additional significant trees are to be removed, the applicant shall seek approval of an "Alternative landscape plan" from the planning director, under ACC 18.50.080. B. Encroachment into Drip Line. No construction activities shall take place within the drip line of a tree to be retained without extra precautions as recommended by a certified arborist. The applicant may install impervious or compactible surface within the area defined by the drip line when a qualified arborist determines that such activities will not endanger the tree or trees. (See the definition of "drip line" in ACC 18.04.318) C. Tree Protection. All significant trees that are to be retained must be protected during construction by installation of a protective barricade or fence. This will require preliminary identification of the proposed area of disturbance for staff inspection and approval, then installation of a protective barricade or fence before major excavation with heavy equipment begins. 18.50.060 General landsca a rnnirgmenfs Landscaping plan requirements. A. Persons ualified to prepare landscape Ian. A landscape plan signed by a licensed landscaped architect is not required, however, if the plan is determined by the City to be illegible or inadequate for review the landscape plan shall be prepared by a landscape architect licensed in the state of Washington, a nursery professional certified pursuant to the Washington Certified Nursery Professional program, or a Washington State certified landscape technician. A.B. Application. A landscape plan shall be required and shall be accurately drawn using an appropriate engineering scale and contain all information specified by the planning director in the application form and accompanying checklist provided by the City.. "a" i"„strate he f^ " ^^,irn• 1 . djanent streets p, ihlin d private- %.A > > 27 . i ir,rl Rna rio� �r�r J rlimo inr� of �ifo• DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 baGlk ef the !andS G.A. p mona Of the feRGe abuts a street se ask) R CA ebGG61Fe GUGh !andSGamona At ethe-r !FFOG:qtmc)n Nic) mc)FtOG)R Gf :qnv 1:qncjQp.:qped area shall be IGGated further alAtAll thaR50 feet frem a Gni irno of water om. iate the Iandsn�r�ir�rr F. Maintenance (moved — see below G. Qutdeer Sf tc,.). rame. Qutdeer sterage yards that are visible frem a street er are admAGARt tG H Parking I ets i o I rl%.Al ter area shall be re%l*.All %-,%A I%,-) %.I e eRtire street fFGR r I. %.A I I v -.ways and > > RG ReGes&ary fle 1 11 IZjI :qncj tQnrtQqq frem a pub!OG street. The width ef the nl:qnter area shall be as rvi aired in 0GG 18.FQ.QFr11A1 +hrni iah (Wl fnr Stroo+ frnn +w I I ""� 2. All lets w0th mere thaR 12 spaGe.6 a I 00-sq, lare-feet planter area shall be 1,d at the betWeeR aRy ul planter area. The 1GGatmG)R ef the planter area may b, I pen 0 nit Maria +inn mi i6+ ronoi�io nl�nnina rl iron nrn�i�l 11 3. EaGh . I %.A I I %.%-, area shall GGRtamR at least G)Re , s hall be sranor nn+ further +hen 20 foo+ �r��r•+• , • > spaGed three feet OR > :qnd be a �m G of nno rr�llnn in �i�o• 5. ResmdeRtmal and R ItQntm:ql n:qrkona lets w0th five er less spaGeS shall be exernnt fr-nfn +ho n:gr-kinn In+ !andSGape r neRtS I. Performance Assurance (moved — see below land inrr shall be marlo 1 ire elsewhere G)iR -Site. made. Part of the IanrlGnaPo nlan DQnifin Nerthwest. , > > er as a GGRdmt' MiRimum he'lakht mf the earth GFe:qtmnn the berm -Qh:q" ho three feet and have a Slc)np- nc) greater thaR tWE)- > Of 11 Of > > > > > /177Q & 7 'I QS27 1 DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 18.50.070' anrlsi+ .ann nnamnfnnanGe I?nnllirer ents Administration and Enforcement. A. Performance assurance. 1. The required landscaping must be installed prior to the issuance of the certificate of occupancy unless the b uoldir,n ^ffo^0--4 planning director determines that a performance assurance device will adequately protect the interests of the city; 2. The performance assurance device shall only be valid for a 120 -day period and shall have a value of 100 percent of the estimated cost of the landscaping to be performed, inclusive of planting materials and installation. If the landscaping has not been installed after the 120 days then the assurance device may be used by the city to perform any necessary work to implement the landscape plan. This time period can be extended if the City determines that: a) Installation of the landscaping would not be successful due to weather; or b) Product is not available due to the time of year. 2L.3. The performance assurance device shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform work. The agreement shall also hold the city harmless from all claims and expenses, including attorney's fees; 3-. Upon completion of the required landscaping by the property owner the city shall release the performance assurance device. B. Initial maintenance period. 1. The property owner shall be responsible for replacing any unhealthy or dead plants for a period of tone years after the initial planting. 2. The planning director shall require a maintenance assurance device, unless converting a single - family residence to a nonresidential use within the RO district, for a period of one year from the completion of planting in order to ensure compliance with the requirements of this section. The value of the maintenance assurance device shall equal at least �50 100 percent of the total landscape materials plus installation. 3. If the landscaping is not being properly maintained, the property owner shall be so notified by the city. If after 30 days from the city's notification the landscaping is still not being maintained then the maintenance device may be used by the city to perform any type of maintenance necessary to ensure compliance with this chapter. 4. The maintenance assurance device shall be accompanied by an agreement granting the city and its agents the right to enter the property and perform any necessary work. The agreement shall also hold the city harmless from all claims and expenses, including attorney's fees. 5. Upon completion of the one -year maintenance period, and if maintenance has not been performed by the city, the city shall release the maintenance assurance device. C. Maintenance of landscape area. Landscaping, including trees, shrubs, groundcover, or grass, planted as a requirement pursuant to this title, ACC Title 16 or ACC Title 17 shall be maintained in a healthy, living condition. trees er shrubs shall be feir th e_1 rp 1%.Al r p e s e e f m am RtaiRORG. the tree er shrub 0 Ra healthy arm, i rlamaa% a the at iral g r.rnnoss. 1. Tree and shrub pruning. A permit is not required to prune trees and shrubs on private property. Pruning which results in the removal of at least half of the live crown will be considered tree DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 10 removal and subject to the provisions in ACC18.50.070 D. Tree pruning shall be performed by a landscape contractor. The licensed contractor shall also be certified by the International Society of Arborculture as a Certified Tree Trimmer or Certified Arborist or other qualified tree expert. A. Limitations on allowable pruning. Tree and shrub pruning shall be allowed only for the following purposes: a. Removal of dead wood and diseased, crowed, and weakly attached trunks and branches that create a hazard to private property and citizens; b. Providing adequate clearance and visibility for safe use of parking stalls, travel ways and walkways for the passage of persons and vehicles; c. Eliminating traffic sign visibility obstructions; d. Providing adequate visibility for security patrols, e. Repairing split trees and limbs in order to save a tree and its appearance; f. Removing or severing tree roots that are causing damage to public or private property, including curbs, gutters, sidewalk, drainage lines and parking lot surfaces; g. Providing visibility for merchant signs and increasing parking of lighting only when the aesthetics of the tree or shrub will not be reduced. 2. Tree topping. Tree topping is prohibited, except under the following circumstances: a. Branches interfering with utility lines. b. Significant canopy dieback has occurred. c. Storm damage or prior incorrect pruning requires correction. D. Enforcement. B—Violation of these provisions shall be processed in accordance with the procedures defined under Chapter 1.25 ACC. The property owner or designee responsible for correcting the violation shall provide a corrective action plan that defines how and when the infraction will be corrected within the time provisions defined by Chapter 1.25 ACC 1. G. The corrective action plan shall be subject to the following replacement ratios: a. For plants that have died, replacement vegetation shall be at least 150 percent of the planting size required of the subject plant material at the time of planting. The plants shall be of the same or similar species to those plants being replaced, unless alternate species are approved by the planning director. b. For trees or shrubs that have been excessively pruned, replacement vegetation shall be at least 200 percent of the size of the tree or shrub that was required by city regulations at the time of planting. The trees or shrubs shall be of the same or similar species of the plants being replaced, unless alternate species are approved by the planning director. D. PF )f trees er shrubs dGRe te alleviate dGGUMeRted PL.Ib.'..G. health and Gafe-Ay is permissible P ihlin health er safoty G. F. e 0 6 t G. 2. The property owner or designee shall correct the infraction or provide a schedule that defines how and when the infraction will be corrected within the time provisions defined by Chapter 1.25 ACC. (Ord. 5777 § 11 2003.) 18.50.080 NA.edifiGatiGR of lands req iireMeRtS. Alternative landscaping plan DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 11 The planning director may authorize modification of the landscape requirements when alternative plans comply with the intent of this chapter and. A. The proposed landscaping provides for creative landscape design or B. Incorporates the increased retention of significant trees and naturally occurring undergrowth; or C. Incorporates historic or architectural features such as fountains, sculptures, structures and the like. New definitions to be added ACC 18.04.318 Dripline " Dripline" An area encircling the base of a tree, the minimum extent of which is delineated by a vertical line extending from the outer limit of a tree's branch tips down to the ground. DRAFT Code Changes_Ver No6_PC_Edits_10_4_11 12 DRAFT EXHIBIT 2 Chapter 18.52 OFF - STREET PARKING AND LOADING Sections 18.52.010 GeReF '. Intent 18.52.015 ADDlicability 18.52.020 Qoq� iired nff_6trtQof mgrkmna — MiniM M standar Number of off - street pang spaces reg u i red 18.52.025 Disabled /Handicapped Parking Requirements 18.52.030 Reductions of the quantity of required parking. 18.52.040 Drive -+R through facilities buGi ses. 18.52.050 n Qtr,o+ Mgrkmna area devAiGnMen+ and R;ain+onanr+o. Parking Design and Development Standards 18.52.060 Development of off - street parking spaces for single - family dwellings and duplexes. 18.52.065 Commercial vehicles in residential zones. 18.52 070 Off-Street mgrkmna Infq — I nnafi 18.52.080 Repealed. 1 S2 F7 r1Qr1 Parking spano rlimonGinnal rorvi iiromonfS 1 8.52 1 00 Existing nff_st of parking red, infirm. I ZI 18.52.110 Fractional spaces. 18 52 '17x1 Parking in frnnf nr side v=_cJS — Prehibited nor�lli 18.52.125 Stacked parking. 18.52.130 Off - street loading space 18.52.135 Alternate pang layouts 18.52.010 General Intent. This chapter establishes regulations which provide for safe, attractive, and convenient off - street parking and loading and to ensure that parking areas are compatible with surrounding land uses. The City discourages providing parking in excess of that required by this Chapter. 18.52.015 Applicability. Except as otherwise provided in adopted contract rezones, development agreements, design standards and guidelines, or similar more specific process, off - street parking and loading provisions of this chapter shall apply as follows: A. New Development. For all buildinas or structures erected and all uses of land (DroDert established, parking and loading facilities shall be provided as required by this Chapter. B. Change in Use. When the use of any building, structure, or land is changed, increasing the intensity such that the change creates an increase of five or less parking spaces required by the change, additional off - street parking spaces need not be provided in accordance with the requirements of this chapter. 1. Special provisions for the RO, Residential Office district: a. Within the RO, Residential Office zoning district, if any existing, nonresidential use is changed to another use, the requirements of this chapter shall apply in full to the new use if and only if the change in parking requirements between the old and new uses is greater than two spaces; except that if the applicant submits an alternate parking plan sufficiently justifying that the existing parking meets the needs of the new use, the planning director may authorize the satisfaction of parking the Special Exception Process DRAFT Code Changes - Rev_No_5_PC_edits_10_4_11 b. Whenever there is a change from a residential use to a nonresidential use in an existing building within the RO, Residential Office zoning district, the requirements of this Chapter shall apply in full to the new use; except if the structure is being used as both a residence and business, then if the applicant submits an Alternate Parking Plan sufficiently justifying that the parking meets the needs of both uses, the planning director may authorize the satisfaction of parking the Special Exception Process. C. Modification to Existing Structures or Uses of Land. Whenever an existing building or structure is modified or uses of land are modified such that the modification would require an increase of more than five off - street Darkina spaces. additional off - street Darkina spaces shall be provided in accordance with the requirements of this Chapter. D. Modification to Existing Parking Lots 1. Any parking lot hereafter physically altered shall comply with all of the provisions of this Chapter, except that such lot which provides five percent of its area in landscaping and the landscaping is healthy and good maintenance shall be deemed to comply with ACC 18.50.064044}gL41. 52. For existing parking lots that are resurfaced in excess of 50 percent of their area, then at least five percent of the entire parking area shall be landscaped consistent with Chapter 18.50 ACC. 63. If existing parking lots are restriped, then the new layout of the parking spaces shall be the same as the previous layout or, if changed, then the changed layout shall conform to the existing dimensional requirements of this chapter. DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 DRAFT Code Changes — Rev— No -5 —PC— edits -10 -4— 18.52.020 C?nnt,ired off-street Parlrinn — BAini.�,��.�, standards Number of off - street parking spaces 0 WME 0 required The R imher of nff_st�reee+ Pgrl mng sr»r+oS shall he - le +ermir,ed fnr Each principal use of the land, building, or structure. , +he r.rir,n'I i ire Or aTQ n,is irled fnr OR this shall provide the number of off - street parking spaces required by this Section. The following standards are not applicable in the DUC, Downtown Urban Center zone; refer to Chapter 18.29 ACC for specific requirements for that zone. A. Parking requirements by land use 1. Minimum number of parking spaces. Each land use shall provide the minimum number of off - street parking spaces required by Table 18.52.020, except where a greater number of spaces are required through a more specific approval process such as an administrative use permit or conditional use permit approval. 2. Uses not listed. Where a use is not listed in Table 18.52.020 the planning director shall determine the number of required parking and /or loading spaces. The planning director shall use the requirements in Table 18.52.020 as a guide in determining the number of off - street pang spaces required based on the similarity of uses or may consider a parking generation study. B. Maximum number of parking spaces. Except for required pang spaces for persons with disabilities, spaces provided in park and ride lots operated by a public transit a_ ec�ncy, spaces for carpools, spaces for electric vehicle charging _ and spaces within structured parking with 2 or more levels, the maximum number of pang spaces for non - residential uses shall not exceed 125 percent of the minimum spaces required by Table 18.52.020 C. Measurement of floor area. In any case where Table 18.52.020 establishes a parking requirement based on floor area in square feet (for example: 24- spaces per 1,000 square feet (sf) of floor are the floor area shall be construed to mean gross floor area (Def ACC 18.04.430). D. Use with accessory components. A single use with accessory components shall provide Parking for the primary use, and each component. For example, a hotel with a meeting room may be required to provide the parking spaces required by Table 18.52.020 for a hotel (i.e. the quest rooms), and for a meeting room. E. Obstruction. Removal of required parking or loading spaces from practical use by obstruction, erection of buildings, or other actions as to reduce the parking or loading capacity or usefulness thereof below the minimum requirements established in this chapter is prohibited. DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 Table 18.52.020 Off - Street Parking Requirements by Land Use Land Use Type: Unit of Measure: Required Parking Rate (spaces per unit of measure): Residential Categories Single family, detached dwelling, Adult family home Dwelling unit 2.00 Two - family dwelling (duplex) Dwelling unit 2.00 Multifamily dwelling (one and two bedroom units) Dwelling unit 1.50 Multifamily dwelling (three bedroom units or more) Dwelling unit 2.00 Mobile home dwellings' Dwelling unit 2.00 Assisted Living Facilities 4 bedrooms 1.00 Plus one space for each two employees Group living (includes supportive housing, boardinghouse) 2 bedrooms 1.00 Commercial Categories Auto, boat, or recreational vehicle sales or leasing, new or used 5,000 square feet of outdoor sales area 1,000 square feet of showroom and service facilities 1.00 1.00 Day -care centers Each 10 children in care 2.00 Eating and drinking establishments 1,000 square feet of floor area 10.00 Food retail stores and markets 1,000 square feet of floor area 5.00 Health and Fitness Clubs 1,000 square feet of floor area 10.00 Hotel or Motel Guest room or rental unit 1.00 Mini -marts and self service gas stations 1,000 square feet of floor area 5.00 Mortuaries or funeral homes Seatz 0.25 Motor vehicle repair and services 1,000 square feet of floor area 2.50 Personal service shops 1,000 square feet of floor area 2.50 Retail commercial establishments, less than 15,000 square feet of floor area 1,000 square feet of floor area 2.50 Retail commercial establishments, greater than 15,000 square feet of floor area 1,000 square feet of floor area 4.00 Shopping centers 1,000 square feet of floor area 4.00 Office Categories Business and professional offices 1,000 square feet of floor area 2.00 Medical, dental, and other doctor's 1,000 square feet of floor area 5.00 DRAFT Code Changes — Rev_No_5_PC_edits_10_4_ offices Manufacturing Processing and' Warehousing Categories All manufacturing, industrial, and processing uses, except the following: 1,000 square feet of floor area 1.00 Warehousing 2,000 square feet of floor area 1.00 Storage - Personal storage/mini- storage facilities Storage unit3 Minimum of 2 spaces Recreation, Education, Public Assembly Categories Auditoriums, stadiums, and theaters Seat2 0.25 Commercial recreation facilities - Indoor, except for the following: 1,000 square feet of floor area 5.00 Bowling alleys Lanes 5.00 Pool and billiard rooms Table 2.00 Skating rinks 1,000 square feet of floor area 5.00 Commercial recreation facilities - Outdoor 1,000 square feet of usable recreational area 3.00 Hospitals Bed 1.75 Library, museum 1,000 square feet of floor area 2.50 Meeting facility, public or private Seat2 0.25 Religious assembly Seat2 0.20 Schools (public and private) Kindergarten one' n, 110016 Employee 4 1.00 Elementary/middle schools Teaching station 1.20 Secondary (high) schools Student 0.40 College or university (including trade and business schools) Student 0.75 Studios (dance, martial arts, etc.) 1,000 square feet of floor area 5.00 Tennis/racquetball/handball or other sport courts Court Each 300 sf of floor area for accessory uses. 2.00 1.00 Recreational uses not listed elsewhere Same as retail, based on size Notes: 1. Within mobile home parks, parking space shall not be allowed within the required setbacks. Guest parking shall be provided within the development: 5% of total requirement. 2. Seat, 18 inches of bench, or 25 square feet of floor space. DRAFT Code Changes —Rev_No_5_PC_edits_10_4_11 3. Parking shall be provided by parking /driving lanes adjacent to buildings. Two parking spaces shall be provided adjacent to the manager's quarters. 4. There shall be 2 visitor - parking stalls provided for each 10 required employee stalls DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - DRAFT Code Changes — Rev— No -5 —PC— edits -10 -4— 18.52.025. Disabled /Handicapped Parking Requirements A. Accessible pang spaces for the handicapped /disabled shall be provided in compliance with the International Building Code (IBC), the Federal Accessibility Guidelines, and Washington Administrative Code, as applicable. These spaces shall count towards fulfilling the off - street parking requirements of this Chapter. B. Accessible car and van pang space size shall be as follows: a. Car pang spaces shall be eight feet (96 inches) minimum in width. b. Van parking spaces shall be 11 feet (132 inches) minimum in width. Exception: Van parking spaces shall be permitted to be eight feet (96 inches) minimum in width where the adjacent access aisle is eight feet (96 inches) minimum in width. DRAFT Code Changes — Rev— No -5 —PC— edits -10 -4— Table 18.52.025 — Accessible Parking Spaces Required Total Parking Spaces Provided Minimum Number of Accessible Spaces 1 to 25 1 26 to 50 2 51 to 75 3 76 to 100 4 101 to 150 5 151 to 200 6 201 to 300 7 301 to 400 8 401 to 500 9 501 to 1,000 2% of total More than 1,000 20, plus one for each 100 over 1, 000 18.52.030 Reductions of the quantity of required parking. Except within the DUC zone, reductions of the quantity of required parking may be allowed based upon the fellewi provisions in Table 18.52.030 Parking Quantity Reductions Table 18.52.030 Parking Quantity Reductions 1. Joint Use of Parking A reduction in the total number of required parking spaces may be allowed Facilities when two or more uses with different peak parking demands will share a parking facility. In order for the reduction to occur the planning director must determine, based on satisfactory evidence provided by the applicant, that there is no substantial conflict in the principal operating hours and no substantial conflict in peak parking demand of the uses for which the sharing of parking is proposed. To evaluate the peak parking demand characteristics or differences in hours and /or days of operation, evidence including, but not limited to, a description of the uses and their operational characteristics, and a development plan shall be provided by the applicant and accompany the request. If approved, a binding agreement providing for the shared use of pang DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 10 DRAFT Code Changes — Rev_No_5_PC_edits_10_4_ areas shall be executed by the parties involved, and must be filed with the City in a form approved by the planning director and be recorded. Shared pang privileges will continue in effect only as long as the agreement, bid_ on all parties, remains in force. Agreements must guarantee long- term availability of the parking, commensurate with the use served by the parking. If a shared parking agreement lapses or is no longer valid, then pang must be provided as otherwise required by this chapter. 2. Reduction of parking for a use with low parking demand A reduction of up to 50 percent of the total number of required pang allowed for the re -use of an existing building, based on quantitative information provided by the applicant that documents the need for fewer spaces (eq. sales receipts, documentation of customer frequency, information on parking standards required for the property land use by other cities order for the reduction to occur the planning director must find, satisfactory evidence has been provided by the applicant, 3. Mixed Occupancies and Shared Uses In the case of two or more principal uses in the same building, the total requirements for off - street parking facilities shall be 75 percent of the sum of the requirements for the principal uses computed separately. In order for a use to be considered a separate principal use under the terms of this section, the uses must be physically and managerially separated in a manner which clearly sets the principal uses apart as separate businesses or operations. Various activities associated with single businesses shall not be considered separate uses. 4. Transit Access A reduction in the total number of required pang spaces may be reduced by 25 percentage for sites located within a % mile (walking distance) of a public transit stop. A public transit stop includes but is not limited to a bus stop, commuter train stop, or park and ride lot. Applicants requesting this reduction must provide a map identifying the site and transit service schedules for all transit routes within % mile of the site. 5. Trip Reduction Plan A reduction of up to 25 percent in the total number of required pang spaces may be allowed for a business or other use that creates and implements a site - specific Trip Reduction Plan and Program. The Trip Reduction Plan and Program shall be reviewed and approved by the City and yearly reports shall be provided to evaluate the effectiveness of the program and ensure its continued maintenance and operation. 6. Credit for On- street Parking — Non- residential All multi - family uses and non - residential uses located adjacent to a public right -of -way where on- street parking is permitted may receive credit for one off - street parking stall for each 22 linear feet of abutting right -of -way for parallel parking, excluding curb cuts. This provision shall be applied for on- DRAFT Code Changes — Rev_No_5_PC_edits_10_4_ DRAFT Code Changes — Rev_No_5_PC_edits_10_4_ street parking on the same side of the street as the proposed land uses; . All parking for employees must be provided on -site. 7. Valet Service f, lntzra4 , r.qrki11% GSA reduction of up to 25 percent in the amount of required parking per Table 18.52.020 of as hitch :qg �2F nArGeRtmay be permitted, depending on the size and type of the use if approved by the planning director. 7 The ar�r�linar�f ma�i ho r�rvi iiroi -1 i i ro r�qrl�ir�rr r,lqr, z. whinh shn�ni� �v-v s na r fnr III mir�imi im rorvi iirocl mgrkmn �r�no� ire .. . by %.Arrreved of this n ' r shall ho :gnnr_nyt=cj hit fho amty A#OF ey and ov�u ed and I.Cirrr GG Rty nrTennrded of the prepriate GffiGeS of DieFGe Ge, inty fnr r.rnr.or ieG IGGated OR DieFGe Gei inty (Ord 6071 S 4 2007. Ord 5552 S 1 pr-v-�Tt�.. , 7flfl1 • Qrrl Fl 7Q S 'I 'I QQS2• Qrrl 4Q4Q 'I 'I QQ7• Qrrl /I77Q S 7 'I QS27 1 Z , DRAFT Code Changes — Rev_No_5_PC_edits_10_4_ • . . UUMM .. . aR nzp • . . . PALIeA 0 111 ff IIIIIL 107-MI DRAFT Code Changes — Rev_No_5_PC_edits_10_4_ R. IniRt Use ef Darkmnn Fanilitie&.- See above _ Week Weekends . All 11, .. . -Tai Mod a.m. 0 NINE -. All, .. . -.. .. Wmnr. Even i ng IRV= .. All • 60% 90% R. IniRt Use ef Darkmnn Fanilitie&.- See above _ Week Weekends Mod a.m. 0 Even i ng r0 - Q Q n. nmciht a.m. 6;-00 Even i ng 00% 60% 90% 90% �lffi�+o /I r,rli i� +ri�l i 00% r`nmmorr►ial/I?o+ail (nnn_nffir►ol 70% 90% i 00% 7-0% u., +oI /n eteI 90% i 00°fie % i 00% Qos+ai iraR+ ir1/'1r1_f %Q+ fnnrll 0% i 00% FaR+ertamRmoR Qo�a +inr t. t 1h, +o hnInilinCl i nnpp,, 0% i nnp, Qnp, i nnp, Ghi FGhos All et "fens T00% T00% T00% T00% T00% DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 13 G-.-see table above Esee table above 18.52.040 Drive -throu h+n- facilitiesbusiiness All banks, savings and loan associations, food dispensing establishments, and other businesses which maintain drive -throu h+4 facilities which are intended to serve customers who remain in their motor vehicles during business transactions, or are designed in such a manner that customers must leave their automobiles temporarily in a driving lane located adjacent to the facility, shall provide on -site stacking space for the stacking of motor vehicles as follows: A. Stacking Space. The drive -throu N4 facility shall be so located that sufficient stacking space is provided to accommodate #er- the handli types of motor vehicles using such facility during peak business hours of such a facility. B. Driveway Location. The location of entrances and exits shall be determined by the city engineer. C. Shopping Centers. When located in a shopping center, drive -throu h+n facilities shall provide sufficient stacking space to handle peak business demands and shall not in any way obstruct the normal circulation pattern of the shopping center and not unreasonable interfere with non - motorized circulation. (Ord. 4949 § 11 1997; Ord. 4229 § 21 1987.) 18.52.050 Off-street parkmna area . eye-lo pment and '' a intenanGeRarking Design, -a-ad M%IMM MW Development, and Maintenance Standards DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 14 Reauired Darkina areas shall be desianed. constructed and maintained in compliance with this Section A. Location of parking. Off - street parking areas shall be located as follows: 1. Residential parking. Residential parking shall be located on the same site as each residential dwelling unit served; except for a mixed -use development as defined by ACC 18.04.625. No required residential pang space shall occupy any unimproved area within the required front setback, or side and rear setback, except as allowed by ACC 18.52.050 E — Surfacing of Parking Areas, 2. Non - residential parking. Non - residential parking shall be located on the same site as the use served, or off -site. If parking is to be located off -site it is subject to the following requirements: a. The lot or area to be utilized for parking shall be legally encumbered by an easement or other appropriate means to ensure continuous use of the parking facilities following the procedure contained in Table 18.52.030 (1) Joint Use of Parking Facilities. b. Whenever required parking facilities are located off -site, sidewalks, or an approved pedestrian facility, shall be provided connecting the satellite parking facility to the development being served. B. Access to parking. Access to parking shall be provided as follows for all parking areas other than for individual single family dwellings and duplexes. 1. The location, design and construction of entrances and exits from the street right -of -way shall be determined by the city engineer. 2. A commercial or industrial use shall have access driveways from the public or private street that are not intersected by a parking aisle, parking space, or another access driveway for a minimum distance of 40 feet from the street right -of -way, to provide a queuing area for vehicles entering and exiting the parking area. The city engineer may require a greater distance for uses with high vehicle trip generation or located along heavily - traveled, city designated arterial streets. C. Access to adjacent sites. The City may require that the design of a parking area to provide vehicle and pedestrian connections to parking areas on adjacent properties or to connect with adjoining public walkways when a reciprocal access easement is available or can reasonably be provided) D. Parking stall and aisle dimensional standards. 1. Minimum dimensions. Each parking space and parking lot aisle shall comply with the minimum dimension requirements in Table 18.52.050 and further displayed in Figure 18.52.050. Table 18.52.050 Parking Space and Drive Aisle Dimensions Parking Stall Type Minimum Stall Dimensions Minimum Width for Drive Aisle with Parking(c) Width (a) Len th b One -Way Two -Way Standard parallel 9 ft. 22 ft. 12 ft. 20 ft. Standard 45- degree 9 ft. 19 ft. 15ft. 20 ft. Standard 60- degree 9 ft. 19 ft. 18 ft. 20 ft. Standard 90- degree 9 ft. 19 ft. 20 ft. 24 ft. Compact 8 ft. 16 ft. 20 ft. 22 ft. DRAFT Code Changes — Rev— No -5 —PC— edits -10 -4— 2. Figure 18.52.050 - Parking Space and Drive Aisle Dimensions 2. Compact parking. Compact spaces may be allowed within a parkina lot up to a maximum of 30 percent of the total number of spaces. This maximum percentage can be increased to 50 percent when approval is obtained by the planning director following the procedures contained in ACC 18.52.135 — Alternative Parking Layouts. Compact spaces can be clustered or dispersed throughout the parking lot. Every compact parking space created pursuant to this section shall be clearly identified as such by painting the word "COMPACT" in upper case block letters, using white paint, on the pavement within the space or through the use of si__ cnage. 3. Vehicle Overhang. Vehicular overhang of up to two feet is permitted, provided no vehicle shall overhang into a sidewalk or walkway which would reduce the unencumbered width of a sidewalk or walkway to less than four feet. A vehicle is permitted to overhang into a landscaped area by two feet; provided, that the required landscape area of trees and shrubs are not reduced in _quantity and not subject to potential damage. E. Surfacing of parking areas. Areas used for parking on private property, including interior driveways and access to a public street, shall be paved with asphalt concrete, cement concrete pavement, or pervious pavement and shall have appropriate bumper guards where needed. Paving is not required for temporary parking facilities that have obtained a Temporary Use Permit pursuant to the requirements of ACC 18.46A — Temporary Uses; however dust mitigation is required. Where a driveway crosses an improved public right -of -way, it shall be constructed with cement concrete. All pavement sections shall be designed to support the post development traffic loads anticipated due to the intended use as approved by the city engineer. 1. Alternative paving systems, may be provided, subject to the approval of the City. The alternative must provide results equivalent to paving. .6.11 surf—Me-ing 2. For parking areas serving single - family dwellings and duplexes when located on individual lots, this section shall apply: a. Each off - street parking space shall be connected to an improved street or alley by a driveway a minimum of 11 feet in width b. Not more than 50 percent of the front yard or 800 square feet, whichever is smaller, can be used as off - street parking surface. For the purposes of calculating the allowable area under this section, the front yard shall be the area between the right -of -way and the DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 16 portion of the single - family dwelling's front facade farthest from the right -of -way. The width of the front yard shall extend to each side property line. c. Driveways that exclusively serve nonrequired off - street parking spaces are also subject to the surfacing requirement. d. Off street vehicle parking spaces, including those for trailers, recreational vehicles, and boats on trailers, that are provided in addition to those required pursuant to ACC Table 18.52.020 shall be paved with one the surfaces listed above (Section 18.52.050 E), or gravel provided, that weeds, mud or other fine material do not work their way to the surface of the gravel; and provided, that loose gravel is contained on the subject property. e. Boats not on trailers shall not be stored in the front yard. A-.F. Grades of access driveways. The grade of access driveways for off - street parking areas shall be subject to the driveway regulations contained in Chapter 10.04 of the Engineering Design Standards. G. Sidewalks or pedestrian walkways. Sidewalks or pedestrian walkways shall be visibly marked with differentiated Davement or other methods such as reflective /LED markers. double row of IandscaDina. or raised pavement. H. Landscaping. See Chapter 18.50 ACC I. Lighting. See Chapter 18.53 ACC. DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 17 DRAFT Code Changes — Rev— No -5 —PC— edits -10 -4— 18.52.065 Commercial vehicles in residential zones. A. No person shall park any commercial vehicle on any property within the following zoning districts in the city: Residential Zones R5, R7, R10, R16, and R20 P s;na' °- fpm;'" rte;, ', ki %.FiN and (PUD) planned unit development. B. No person shall park more than one commercial vehicle on any property within the R1 Residential Zone GOna1°_fgrnO1y resin -1 � l (Q-S) zoning district in the city, and no person shall park more than two commercial vehicles on any property within the ri iral resin -1 (Q -Q� Residential Conservancy RC zoning district in the city. G. it shall be a defeRGe te a vielatiG)R ef this SeGtOG)R that d. uring the eRtiFe tome that the vehiGle was Qrrl DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 19 18.52.080 Off - street parking — In -lieu of fees. Repealed by Ord. 4949. (Ord. 4688 § 211994.) A 9 G 9 9 30 6$ i 7.3! 29-0 45 6$ i 9-9! i 5.01 29-0 60 6$ 21.0! i 9.01 2 9-0 90 R i`nmpanf Cizoi -1 DarkiRrr Cr»nos 6$ i 9.0! 24-0 24-0 DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 20 1 5 - 6 i F 1 18.52.110 Fractional spaces. When units or measurements determining the number of required parking spaces result in requirements of a fractional space, any fraction up to one -half shall be disregarded, and fractions of one -half or over shall require one parking space. (Ord. 4949 § 11 1997; Ord. 4229 § 21 1987.) 18.52.125 Stacked parking. Stacked parking, i.e., parking one car behind another, is permitted for funeral homes, single - family homes on individual lots, and for designated employee parking within the RO, Residential Office district only, unless the use has complied with the requirements of ACC Table 18.52.030 Parking Quantity Reductions (Valet Service) 44. . ��. (Ord. 6231 § 9, 2009; Ord. 4949 § 11 1997.) 18.52.130 Off - street loading space. Buildings devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale and manufacturing trade, hotels, hospitals, laundry, dry cleaning establishments or other buildings where large amounts of goods are received or shipped shall provide loading and unloading space on the same premises as the building as follows: A. Buildings of 6,000 square feet or more of floor area, one off - street loading and unloading space plus one additional off - street loading space for each 20,000 square feet of floor area; B. Each loading space shall be not less than 10 feet in width, 25 feet in length and 14 feet in height; C. Loading space, exclusive of driveways and /or corridors leading thereto, shall not be considered as providing off - street parking space. (Ord. 4949 § 11 1997; Ord. 4229 § 21 1987.) 18.52.135 Alternate parking layouts. A. Lavouts and dimensions of off - street Darkina spaces. maneuverina aisles. driveways. drivewa openings, and other related features different from those prescribed in Sections 18.52.050 ACC may be approved by the planning director upon written findings that demonstrate: a. The number of off - street parking spaces required by Section 18.52.020 ACC (unless reductions are permitted under Section 18.52.030) are provided, b. There is substantial reason for varying the standard; and C. Inaress and egress is approved by the City Traffic Engineer _ where he or she ensures that adequate ingress to and egress from each required off - street parking space is provided for a vehicle of the appropriate size, and that ingress to and egress from the off - street parking facility is possible with minimal disruption of traffic on the adjacent street. DRAFT Code Changes — Rev— No -5 —PC— edits- 10 -4 -11 22 DRAFT EXHIBIT 3 Chapter 18.70 VARIANCES, SPECIAL EXCEPTIONS, AND ADMINISTRATIVE APPEALS Sections: 18.70.010 Variances. 18.70.015 Administrative Variance 18.70.020 Special exceptions. 18.70.025 Variances in regulatory floodplains. 18.70.030 Application. 18.70.040 Hearing date and notice. 18.70.050 Administrative appeals. 18.70.060 Appeal of hearing examiner's decision. 18.70.010 Variances. A. Subject to conditions, safeguards and procedures provided by this title, the hearing examiner may be empowered to hear and decide applications for variances from the terms of this title; provided the hearing examiner may approve a variance only if the request conforms to all of the following criteria. The examiner must enter findings of fact and conclusions of law which support the following criteria and any conditions- 1 . That there are unique physical conditions including narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to and inherent in the particular lot; and that, as a result of such unique physical conditions, practical difficulties or unnecessary hardships arise in complying with provisions of this title. 2. That, because of such physical conditions, the development of the lot in strict conformity with the provisions of this title will not allow a reasonable and harmonious use of such lot. 3. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located. For nonconforming single - family homes, this finding is determined to be met if the features of the proposed variance are consistent with other comparable features within 500 feet of the proposal. 4. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant or previous owners. 5. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. 6. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located. 7. The variance will not allow an increase in the number of dwelling units permitted by the zoning district. 8. The authorization of such variance will not adversely affect the comprehensive plan. 9. The variance shall not allow a land use which is not permitted under the zoning district in which the property is located. 10. The variance shall not change any regulations or conditions established by surface mining permits, administrative use permits, conditional use permits or contract rezones authorized by the city council. B. In authorization of a variance, the hearing examiner may attach thereto such conditions regarding the location, character and other features of the proposed structure or use as he may deem necessary to carry out the spirit and purpose of this title and in the public interest. C. A variance so authorized shall become void after the expiration of one year, or longer period if specified at the time of issuance, if no building permit, occupancy permit or business registration has been issued in accordance with the plans for which such variance was authorized. The hearing examiner may extend the period of variance authorization for one additional year without public hearing upon a finding that there has been no basic change in pertinent conditions surrounding the property at the time of the original application. (Ord. 6269 § 23, 2009; Ord. 4840 § 11 1996; Ord. 4705 § 21 1994; Ord. 4229 § 21 1987.) DRAFT Code Changes Ver No_4_PC_edits_10_4_11 18.70.015 Administrative Variance A. The Dlannina director may in specific cases. authorize a variance to the development reaulations subject to the criteria set below. 1. Building setbacks, lot coverage, lot area, and lot width in in amman inn a. Applicability. These shall include variances to building setbacks, lot coverage, lot area, and lot width not to exceed 25 percent of a quantifiable standard. b. Criteria. The planning director may, in specific cases, authorize a variance to the development regulations, subject to compliance with one or more of the following criteria- i. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located. ii. That the special circumstances and conditions associated with the variance are not a result of the actions of the applicant. iii. Literal interpretation of the provisions of this title would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. iv. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located. 2. Variance to buildina heiaht a. Applicability. The construction of a principal or accessory building which exceeds the height limit may be authorized upon a lot. b. Criteria. The planning director may, in specific cases, authorize a variance to the height of buildings, subject to compliance with one or more of the following criteria- i. Additional height shall be the minimum necessary to afford relief. ii. That the variance, if granted, will not alter the character of the neighborhood, or be detrimental to surrounding properties in which the lot is located. iii. The approval of the variance will be consistent with the purpose of this title and the zoning district in which the property is located. B. In authorization of an administrative variance, the planning director may attach such conditions re_ aq rding the location, character and other features of the proposed structure or use as he /she may deem necessary to carry out the intent and purpose of this title and in the public interest. C. A variance so authorized shall become void after the expiration of one year, or longer period if specified at the time of issuance, if no building permit, occupancy permit or business registration has been issued in accordance with the plans for which such variance was authorized. The planninq director may extend the period of variance authorization for one additional year upon a finding that there has been no basic change in pertinent conditions surrounding the property at the time of the original application. 18.70.030 Application. In addition to the requirements for a complete application as set forth in ACC Title 14, a site plan shall be required with each application for a variance, administrative variance or special exception. The site plan shall be accurately drawn using an appropriate engineering scale and shall illustrate the following: A. Adjacent street; B. Boundaries and dimensions of site; C. Location of buildings; D. Location of parking areas; E. Location of feature needing variance. (Ord. 4840 § 1, 1996; Ord. 4229 § 21 1987.) DRAFT Code Changes Ver No_4_PC_edits_10_4_11 DRAFT Chapter 18.53 OUTDOOR LIGHTING Sections 18.53.010 1 ntent 18.53.020 Applicability 18.53.030 General requirements 18.53.040 Prohibited lights 18.53.040 Exceptions 18.53.010 Intent. EXHIBIT 4 To discourage excessive lighting of outdoor spaces, encourage energy conservation and promote exterior lighting _ that hat promotes safe vehicular and pedestrian access to and within a development while minimizing impacts on adjacent properties. 18.53.020 Applicability. A. A lighting plan shall be required for projects as follows: 1. When an exterior lighting installation is part of a new development proposal requi�q site plan review, an administrative or conditional use permit, or other development application that requires outside lighting or is a commercial project adjacent to property zoned residential; and 2. For projects undergoing redevelopment, expansion or remodel when the redevelopment requires site plan approval, or for tenant improvements or other minor building provements when exterior lighting is proposed to be installed or modified. B. These regulations do not apply to subdivisions or individual dwelling units, with the exception of common areas. Examples of common areas include, but are not limited to, pathways, clubhouses, pang lots and play areas. C. These regulations are not applicable to public rights-of-way. D. These regulations do not apply to lighting necessary for emery equipment and work conducted in the interests of law enforcement or for the safety, health, or welfare of the public. 18.53.030 General requirements. A. Shielding Required. Except as otherwise exempt, all outdoor lighting fixtures shall be constructed with shielding on all sides.. The outdoor light source (bulb or element) shall not be visible at or beyond the property line. Figure 18.53.030 Examples of light fixtures with shielding on all sides DRAFT Code Changes Ver No_4_PC_edits_10_4_ B. Fixture heights. Lighting fixtures shall not exceed the following maximum heights: Table 18.53.030 C. Photometric Plan Requirements. A photometric plan shall be prepared and submitted for review and approval when required under 18.33.020 - Applicability. The required elements of the plan shall be specified in application forms to be provided by the City The photometric plan will be reviewed to ensure compliance with the provisions in this Chapter. D. Level of Illumination. 1. Parking lots, driveways, and trash enclosures /areas shall be illuminated with a minimum maintained one foot - candle of light and an average not to exceed four foot - candles of light. 2. Pedestrian walkways shall be illuminated with a minimum maintained one -half foot - candle of light and an average not to exceed two foot - candles of light. 3. In order to minimize light spillage on abutting residential property, illumination measured at the nearest residential structure or rear yard setback line shall not exceed one -tenth foot - candle. E. Accent lighting. Lighting used to accent architectural features, landscaping or art is permitted to be directed upward, provided that the fixture shall be located, aimed, or shielded to minimize light spill. No permit is required for this type of light M. F. Periods of Illumination 1. All outdoor lighting systems shall be equipped with automatic switches conforming _ to the requirements of Section 1513.6.2 of the Washington Energy Code. 2. The use of sensor technologies, timers or other means to activate lighting _ during times when it will be needed is encouraged to conserve energy, provide safety and promote compatibility between different land uses. Lower lighting levels at off -peak times are encouraged as a safety measure. 3. However, outdoor lights may remain on during the required off hours when: a. Illuminating flags representing _ country, state, or other civic entity b. Functioning as security lighting (e.g., illuminating a pathway, building entry, etc.) c. Associated with special events, etc. 18.53.040 Prohibited lights. The following lights are prohibited unless a temporary permit is obtained for specific events with specific times of operation. A. Strobe lights, Search lights, laser source lights, or any similar high- intensity light except for ems_ ec�ncy use by police and fire personnel or at their direction. B. Roof - mounted lights except for security purposes with motion detection and full shielding so that the glare of the light source is not visible from any public right -of -way or a neighboring residence. C. Any light that imitates or causes visual interference with a traffic signal or other necessary safety or emergency light 18.53.050 Exceotions. The followina liaht sources are exempt from the reauirements of this section A. Navigation and airport required for the safe operation of boats and airplanes. B. Temporary lights used for holiday decorations C. Emergency cightnq required bypolice, fire, and rescue authorities. D. Liahtina for state and federal hiahways authorized by the Washinaton State Department of Transportation. E. Internal lighting of permitted signs. DRAFT Code Changes Ver No_4_PC_edits_10_4_11 F. Outdoor lighting for public monuments. G. Temporary_ lighting in use during active construction projects H. Stadium and field lighting DRAFT Code Changes Ver No_4_PC_edits_10_4_11 ELL my AL L VI ®r M" Ir , �1 9 "l seaftletimesmcom PO Box 70, Seattle, WA 98111 AUBURN CITY OF-FINANCE DEPT ATTN CITY CLERK 25 WEST MAIN AUBURN, , vA 98031 Re: Advertiser Account #30785204 Ad #: 790546306 Affidavit of Publication 414036013 STATE OF WASHINGTON! Counties of King and Snohomish The undersigned, on oath states that he /she is an authorized representative of The Seattle Times Company, publisher of The Seattle Tunes of general circulation published daily in King and Snohomish Counties, State of Washington. ton. The Seattle Times has been approved as legal newspaper by orders of the Superior Court of King and Snohomish Counties. The notice, in the enact form annexed, was published in the regular and entire issue of said paper or papers and distributed to its subscribers during all of the said period. Agent ' i Signature `" NAW C,r 10 d and sworn to before nTA �� �: ' ' 1 C . l TA FWr 191 hXTU RE Notary P bl o in I , N A �lil WN SIN 0 d for t1i Q5iate o Washington, residing at Seattle Cbx1stina MCKOnna TOO S C attte Mmes seattletimes.com Re Advertiser Account #30785204 Ad # 799546800 Ad TEXT:CITY OF AUBURN Any person wishing to be Determination of come a party of record, shall In Non- Significance elude In their comments that they wish to receive notice of APPLICATION REQUEST and participate in any hear ED: Group 1 of Phase 2 Code Ings, if relevant and request a Amendments to Title 18» Zon copy of decisions once made. Ing, of the Auburn City Code. Phase 2 updates the City's non- party of record may appeal the residential related zoning dis City's determinatlon by filing tricts and chapters that regu an appeal application with the late non -re ldential and multi- Auburn City Clerk within 14 family developments such as days of the close of the com off- street parking and loading rnent perlod, or by 5:05 p.m. on and landscaping and screening. October 1, 2011. published In the Seattle Times on September APPLICATION NUMBER: SEP11 -0020 and ZOAI 1.0008 15, 2011 APPLICANT NAME; Stuart Wagner, AIDP, Planner, City of Auburn Planning and Develop rnent Department PROPERTY LOCATION: ION: it wide The lead agency for this proposal has de trmined that it does not have probable significant adverse Impact on the environment. An environmental impact state rnent (EIS) is not required un der RCW 4 3.21 C.03 0( )( ). This decision was made after review of a completed environmental. checklist and other Information on file with the lead agency. This Information is available to the public on request. This DNS Is Issued under 197 -11- 340(2); the lead agency will not act on this proposal for 14 days from the ,late issued below. Corn ments must be in writing and submitted by 5.00 p.m. on Sep ternber 29, 2011, Questions and comments may be submitted to Stuart Wagner, Planner, Plan ning and Development Depart meat, 25 West Main Street, Au burn, WA 98001 -4398 or via omail at swagner auburnwa. goer. CITY OF RN "U- PLANNING AND DEVELOPMENT DEPARTMENT ENVIRONMENTAL CHECKLIST A BACKGROUND 1. Name of proposed project, if applicable: Group 1 of Phase 2 Code Amendments rents to Title 1 Zoning, of the Auburn City Code 2. Name of applicant: City of Auburn 3. Address and phone number of applicant and contact person: Planning and Development Department City of Auburn 25 West Main Street Auburn, WA 98001 (258) 931-309 Attn: Stuart Wagner, Planner 4. Date checklist prepared: September 13, 201 6. Agency requesting checklist: City of Auburn 6. Proposed tuning or schedule (including phasing, If applicable): The nonproject action described and evaluated herein is a proposal to amend selected chapters of the Auburn City Code. The amendments proposed in this action are currently scheduled for Planning Commission review and public hearing on October 4, 2011, and City Council consideration and adoption in November of 2011= 7. rho you have any plans for future additions, expansion, r further activity related to or connected with this proposal? If yes, explain. l onproject action. This nonpro e t S PA Environmental Checklist addresses proposed amendments to Title 18 of the Auburn City Cade (ACC) 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. City of Auburn. Determination of Non-Significance S PO -00 — City of Auburn Zoning Code Amendments - Chapter 18.56 Auburn City Code. August 21 } 2009. _1 ! CITY OF uB...U.:.RN WASHINGTON PLANNING AND DEVELOPMENT DEPARTMENT City of Auburn. Determination of on- Significance SEP09 -0021 – City of Auburn Zoning Code Amendments - Chapters 18.04 and 15.26 ACC. July 30, 2009. City of Auburn. Final Determination of Non-Significance SEP09 -991 - Amendments to Title 17- subdividions and Title - Zoning, of the Auburn City Code, and amendments to the Auburn Comprehensive Zoning Map. May 2909. City of Auburn. Final Determination tion f Non-Significance – 2009 Comprehensive Plan amendments. August 2010. City of Auburn. Final Determination of #ion- Significance – 2009 Comprehensive Plan amendments. August 2009. City of Auburn. Final Determination of Non-Significance – 2008 Comprehensive Plan amendments. August 2008. City of Aubuirn. Final Determination of Ilan- Significance -2007 Comprehensive Plan amendments. August 2097. City of Auburn. Final Determination of Mon- Significance – 2906 Comprehensive Plan amendments. August 2095. City of Auburn. Final Determination of Non-Significance – 2005 Comprehensive Plan amendments. September 2095. 9. De you knew whether applications are pending for governmental approvals f other proposals directly affecting the property covered by our proposal? If yes, explain. Non- project action. The proposed amendments would be City -wide 10. mist any government approvals or permits that will be needed for your proposal, if known. wn. The City of Auburn Planning Commission will hold a public hearing on the proposed Auburn City Code amendments addressed in this environmental checklist and will forward a recommendation to the Auburn City Council. The City Council may or may not hold a public hearing prior to taking action adopting, adopting in part, or net adopting the amendments. Although net are approval or permit, the proposed amendments area also subject to State Agency rev ie r purrsuant to R CW 36.70A. 10 . 2 - f CITY..::::::.... WASHINGTON PLANNING AND DEVELOPMENT DEPARTMENT 11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist list that ash you to describe certain aspects of your proposal. You do not reed to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) Description of Proposal The proposal is the second of two phases of are update to the City of Auburn Zoning Code. Phase 1 updated the City's residential - related zoning districts (Title 18 ACC) and subdivision code (Title 17 ACC). Phase 2 updates the City's non - residential related zoning districts (Title 18 ACC) and chapters that regulate non-residential and multi-family developments such as off- street parking and loading and landscaping and screening. The goals of Phase 2 of the Development Code Update project include: ■ Improve development code readability and ease of use; • Update technical content to address known issue areas and better support the City's development revie w and quasi-judicial decision process; and • Ensure development code and design standards are coordinated and consistent with A b rn's Comprehensive Plan and other state land use and environmental requirements; and Promote sustairabilitr concepts where feasible. The proposal under this Determination of Non-Significance (Code Update Project — Phae 2 - Grouping 1 ) will address specific chapters of the zoning code that regulate non - residential and multi- family developments. This includes amending and deleting existing code sections and adding new code sections in the following Chapters: ACC 18.50 (Landscaping and Screening) and ACC 18-52 fl' Street Parking and Loading). The proposal will also amend Chapter 18.70 (Variances, Special Exceptions 'and Administrative Appeals) by adding an administrative variance process. Lastly the proposal will create a new Chapter of the zoning code related to outdoor lighting. This new Chapter, ACC 18.53, is meant to encourage appropriate use and design of outdoor lighting in certain zones of the City and encourage energy conservation= A separate Determination of Non-significance will he issued for a forthcoming second group of amendments to the Zoning Code. The next group of amendments (Code Update Project -- Phase 2 — Grouping 2 ) will address updates to the City's non - residential zoning districts. (BOLD INDICATES CHAPTERS TO BE AMENDED) Title 18 ZONING 3 C[l'Y OF * � BURN M WASHINGTON PLANNING AND DEVELOPMENT DEPARTMENT Chapters: 18.01 User Guide 18.02 General Provisions 18.04 Definitions 18.06 Repealed 18.07 Residential Zones 18.08 Repealed 18.09 R -MHC Manufactured /Mobile Home Community Zone 18.10 Repealed 18.12 Repealed 18.14 Repealed 18.16 Repealed 18.18 Repealed 18.20 Repealed 18.21 Overlays 18.22 RO Residential Office and R -H Residential Office - Hospital District 18.24 C -N Neighborhood Shopping District 18.25 lnfill Residential Development Standards 18.28 C--1 Light Commercial District 18.28 C -2 Central Business District 18.29 DUC Do wntown Urban Center District 18.30 C--3 Heavy Commercial District 18,81 Supplemental Development Standards 18.82 -1 flight industrial District 18.83 Environmental Park District 18.84 M-2 Heavy Industrial District 18.860 BP Business Park District 18.88 LF Airport Landing Field District 18.40 P--1 Public Use District 18.42 UNC Unclassified lase District 18.44 1 Institutional Use District 18.45 Repealed 5 18.45A Repealed 18.48 Repealed 8.48A Temporary Use 8.48 Repealed 8.49 Flexible Development Alternatives 18.50 Landscaping and screening 18.62 off - Street Parking and Loading 18-63 Outdoor Lighti.ng Standards rev r 18.54 Nonconforming ing Structures, Land and lases 18.56 S ig rs 18.58 Repealed 8.80 Hone Occupations 18.62 Surface Mining 18,84 Administrative istrative and Conditional Use Permits 18.80 Hearing Examiner 18.68 Amendments 4 CITY OF :::.. uRN..:...:::.:..... WASHINGTON PLANNING AND DEVELOPMENT DEPARTMENT 8.69 Repealed 18.70 Variances, Special Exceptions, and Administrative Appeals 18.72 Administration and Enforcement 18.74 Location of Sexually Oriented Businesses 18.76 Planned Unit Development District (PLED) — Lakeland Hills South 18.78 Terrace View T District 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, 'Including a street address, if any, and section, township, and range, if known. If a proposal would occur over range of area, provide the range or boundaries f the site(s). Provide vide a legal description, site plan, vicinity map, and topographic reap, if reasonably available* While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. This is a nenpr je t action located within the City of Auburn municipal boundaries 5 ENVIRONMENTAL CHECKLIST (CONTINUED) TO BE COMPLETED BY APPLICANT B ENVIRONMENTAL ELEMENTS I. Earth aw. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other The City of Auburn is characterized by a relatively flat Valley floor bordered by steep hillsides and upland plateaus overlooking the Valley. See Section D, r lonproject Action. . What is the steepest slope on the site approximate percent slope)? The slopes vary in the city and PAA areas, but in some locations slopes associated with the Valley walls reach 100 %. See Section D, Nonproject Action. c. What general types of soills are found on the site (for example, clay, sand, gravel, pest, muck) If you know the classification of agricultural soils, specify them and note any prilme farmland* See Section D, ronprojet Action. The Valley floor is made up primarily of soils of the ridia, Fenton, Snohomish, and Briscott series. These soils are poorly drained and formed in the alluvium (river sediments ) associated with the White and Green rivers. These are considered good agricultural soils, though in many areas, are not well - drained.. There is no designated farmland within the City of Auburn. The hillsides and plateaus are made up of primarily Alderwood associated soils and a small amount of Everett associated soils U.S. Department of Agriculture, 1973). Alderwood soils are moderately well drained gravelly sandy loans 20 -0 inches deep. Beneath these soils is glacial til with low permeability. roots penetrate easily to the hardpan layer= Runoff potential is slow to medium. m. Erosion and slippage hazard is moderate, ranging to severe on steeper slope phases The Everett series consists of somewhat excessively drained soils that are underlain by Very gravelly sand. These soils formed in very gravelly glacial outwash deposits under conifers. They are found on terraces and terrace fronts and are gently undulating to moderately steep. d. Are there surface indications or history of unstable soils in the immediate i inwity If so, describe= See Section I, ionprojet Action. luny factors affect slope stability including soil type, parent material, slope and drainage. These factors can be further affected by human intervention such as slope alteration, and Vegetation removal. The city has identified categories of geologic hazard areas and inventoried these areas= Maps of the erosion and landslide hazard areas are provided as Maps 9.6 and 9.7, respectively in the City's Comprehensive Plan. e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. See Section D, iloproject Action. Not applicable. The proposed amendments to the Auburn City Code are non - project actions, no site alteration, construction, or earthwork is proposed.