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HomeMy WebLinkAboutIV.F Ordinance 6231 AGENDA BILL APPROVAL FORM Agenda Subject:Date: Ordinance No. 6231 Proposed amendments to March 17, 2009 Auburn City Code Chapters 18.22, 18.50, and 18.52 relating to residential conversions (ZOA09-0001). Department:Budget Impact: Attachments: Planning, N/A Ordinance No. 6231. Building and Community Administrative Recommendation: None. Background Summary: Over the past year the conversions of single family residential homes to non-residential (business) uses has increased. With this increase, it has come to light that existing regulations can make the conversion process challenging for citizens. Also conversions of residential to non-residential uses tend to be done by small business or single owners, not an experienced developer. Draft code amendments addressing the development standards, landscaping requirements, and parking regulations in the Residential Office (RO) zone were brought before the Planning & Community Development Committee and Planning Commission for discussion. In general, the amendments allow for flexible development standards if keeping the existing single family structure for the business, reduced landscaping requirements, and flexible parking options. On March 3, 2009, the Auburn Planning Commission held a public hearing on the proposed code amendments for proposed changes to the Residential Office zone, landscaping requirements, and parking regulations. The Planning Commission is advisory to the City Council and made a recommended approval of the proposed code amendments. 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 LegalPolice Planning Comm. OtherPublic Works Human Resources Information Services Action: Committee Approval: Yes No Council Approval: Yes NoCall for Public Hearing___/___/____ Referred to _________________________________ Until ____/___/____ Tabled ______________________________________ Until___/___/____ Councilmember:Staff: Norman Baker Meeting Date: Item Number: March 23, 2009 Agenda Subject:Date: Proposed amendments to Auburn City Code Chapters March 17, 2009 18.22, 18.50, and 18.52. A. Findings 1. Title 18 of the Auburn City Code (ACC), related to zoning, includes Chapter 18.22 entitled “RO Residential Office and RO-H Residential Office Hospital District”, Chapter 18.50 entitled “Landscaping and Screening”, and Chapter 18.52 entitled “Off Street Parking and Loading.” ACC Chapters 18.22, 18.50, and 18.52 provide for regulation of residential office development, required landscaping treatments, and parking standards within the City of Auburn. 2. The Residential Office zone is intended to accommodate small-scale businesses that are compatible with residential uses. The goal of the proposed code amendments is also to encourage re-use of the existing single family structure when converting to a non-residential use. 3. In general, the amendments will allow a greater range of flexibility for conversions of single family residential to non-residential uses primarily with respect to parking and landscaping standards. A more detailed explanation is included under Finding #8, below. Existing legally established businesses that do not conform to the revised parking standards would be allowed to continue as non-conforming uses with respect to the parking aspect of their operation. Existing facilities’ parking facilities would not have to change unless a major expansion or remodel is done. The revised regulations will primarily effect new development. 4. These code amendments are supported by the City of Auburn Comprehensive Plan. The Comprehensive Plan land use map descriptions (Auburn Comprehensive Plan, Chapter 14) for the "Office Residential” designation state, in part, "Office Residential Purpose: To reserve areas to accommodate professional offices for expanding medical and business services, while providing a transition between residential uses and more intensive uses and activities.” 5. A Proposed Determination of Non-Significance was issued for the proposed amendments to Chapters 18.22, 18.50, and 18.52 on February 4, 2009. Staff has received a comment letter from Mr. Bill Morchin, a property owner currently working on a residential conversion, on the proposed amendments along with suggested language for the proposed amendments. 6. Pursuant to RCW 36.70A.106, the proposed zoning code amendments outlined in this agenda bill were sent to the Washington State Office of Community, Trade, and Economic Development (CTED) and other state agencies as required for the 60-day state review and were received by CTED on February 6, 2009. The City received an acknowledgement letter via email on February 9, 2009. No comments were received from CTED or other state agencies as of the writing of this report. 7. The public hearing notice was published on February 16, 2009 in the Seattle Times at least 10-days prior to the Planning Commission public hearing on March 3, 2009. Page 2 of 4 Agenda Subject:Date: Proposed amendments to Auburn City Code Chapters March 17, 2009 18.22, 18.50, and 18.52. 8. The Planning Commission held a public hearing on March 3, 2009, took public testimony, and made a recommendation to the City Council. 9. The following report outlines the proposed amendments to Chapters 18.22, Residential Office District, 18.50 Landscaping and Screening, and 18.52 Off-Street Parking and Loading: Discussion When converting a single family residence to a non-residential use (e.g. professional office) additional zoning code requirements apply beyond what would normally be required for a single family structure. For example, change of use is considered a new use and additional landscaping and parking are required. As conversions of single family structures to non- residential uses are becoming more prevalent in the Residential Office zone, it has come to the attention of staff that the existing regulations are not conducive to conversions. The intent of the recommended zoning code text changes is to create some flexibility in the development standards for the Residential Office zone; providing incentives to utilize the existing structure rather than rebuilding on site. Demolition and significant structure modifications could alter the character of existing neighborhoods, and with increased flexibility in the standards this lends itself to the option of retaining the home with limited changes. Staff proposes changes to Chapter 18.50, Landscaping and Screening, to allow utilization of the existing landscaping to meet the intent of the code for residential conversions. Staff also recommends changes to Chapter 18.52, Off street Parking and Loading, to allow options to meet the required parking depending on use. The proposed changes would permit one on- street parking space to count towards satisfying the required off-street parking total, also allow tandem parking for employees, and encourage the use of pervious pavement, where appropriate, to reduce stormwater run-off. It is important to note that converting a single family residence to non-residential uses (e.g. professional offices) is a “change of use” which triggers commercial standards for zoning, building, and city design and construction standards. However, the recommended code changes attempt to streamline the regulations to recognize that these types of “change of use” are within established single family neighborhoods and maintain the single family character while allowing small scale commercial uses. To address the comments provided by Mr. Morchin staff has outlined a response to each: a. Page 3, Section H – Staff incorporated the comment about side streets within 250 feet of the property. b. Page 3, Section H – Staff did not strike “one”. Staff proposes credit for only one parking space because if more than one space credit were allowed, there would likely be an adverse impact to the other on-street parking serving the existing residential property owners. c. Page 3, Section E – Operating procedures are an administrative function not a legislative one that would be outlined in the zoning code. d. Page 4, Section C1 – The proposed code changes address specifically residential conversions, see section C4. By changing C1 that would apply to any development within the RO zone and that is not the goal of the proposed amendments. Page 3 of 4 Agenda Subject:Date: Proposed amendments to Auburn City Code Chapters March 17, 2009 18.22, 18.50, and 18.52. e. Page 4, Section C4 – Staff deleted the word protected as suggested. f. Page 6, Section A and F – An irrigation system is not required and manual maintenance of landscaping is acceptable, however the landscaping does need to be maintained. There is a requirement that if new lawn is installed and substituted for required shrubs and groundcover then a permanent irrigation system is required. It is important to remember that these regulations apply to all development within the City not just residential conversions. g. Page 8 – Staff did not add any additional language about consistency with adjacent properties because that intent is addressed within the Residential Office zone. h. Page 10, Section 6 – The proposed new section is not a duplicate because for residential conversions the recommendation is for an administrative decision. i. Page 14 and 15 – Pursuant to RCW 82.02.060 cities may exempt land uses from impact fees determined to have a broad public purpose. Nothing in the statue speaks to a reduction of impact fees. The City needs to be extremely cautious to not arbitrarily reduce a specific impact fee category. If the City makes a decision on granting an exemption to traffic impact fees then those fees still need to be paid for by public funds other than the traffic impact fee account and would likely be from the City’s general funds. The City Council has done this in very limited cases within the downtown only with an intent to provide an incentive for re-development in the downtown area. In response to the property dedication statement; if pursuant to the City’s standards it is necessary for the applicant to dedicate property then they must do so without compensation. If the City requires additional right-of-way after the development is vested or beyond our standards then the City would need to provide compensation and that process is governed by state law. Staff Recommendation Approval Planning Commission Recommendation Approval of the proposed code amendments with changes. Page 4 of 4 ORDINANCE NO. 6 2 3 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 18.22.010, 18.22.040, 18.22.060, 18.50.050, 18.50.060, 18.50.080, 18.52.010, 18.52.050, 18.52.090, 18.52.125 AND 10.36.268 OF THE AUBURN CITY CODE RELATING TO THE CONVERSIONS OF SINGLE FAMILY RESIDENCES TO NON-RESIDENTIAL USES WITHIN THE RESIDENTIAL OFFICE DISTRICT WHEREAS, conversions of single family residences to non-residential uses within Residential Office district has increased; and WHEREAS, the existing regulations can make the conversion process challenging for citizens; and WHEREAS, following proper public notice, the City of Auburn Planning Commission held a public hearing on March 3, 2009, on proposed code amendments regarding residential conversions within the Residential Office district; and WHEREAS, after fully considering the testimony and information presented at the public hearing, on March 3, 2009, the Planning Commission made its recommendations for code amendments to the Auburn City Council; and, WHEREAS, the City Council has reviewed and considered the Planning Commission recommendations; and, WHEREAS, environmental review on the proposal has been completed in accordance with the requirements of the State Environmental Policy Act (SEPA), with a determination of non-significance (DNS) issued February 4, 2009; and, ---------------------------- Ordinance No. 6231 March 18, 2009 Page 1 of 17 WHEREAS, the City Council finds that the proposal was received by State agencies for the 60-day review period on February 9, 2009, also in accordance with state law, RCW 36.70A.106. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. That section 18.22.010, of the Auburn City Code be and the same hereby is amended to read as follows: 18.22.010 Intent. The RO and RO-H zone is intended primarily to accommodate small-scale business and professional offices, medical and dental clinics, banks and similar financial institutions at locations where they are compatible with residential uses. Some retail and personal services may be permitted if supplemental to the other uses allowed in the zone. This zone is intended for those areas that are in transition from residential to commercial uses along arterials or near the hospital. Conversion of residential uses to commercial uses is geared towards encouraging adaptive re-use of existing single family structures that continue to appear in accord with the single family residential character. The RO-H designation is to be used exclusively for the hospital area, located in the vicinity of 2nd Street N.E. and Auburn Avenue, and is intended to be used for medical and related uses and those uses compatible with the medical community. (Ord. 4562 § 2 (Exh. A), 1992; Ord. 4229 § 2, 1987.) Section 2. Amendment to City Code. That section 18.22.040 of the Auburn City Code be and the same hereby is amended to read as follows: 18.22.040 Development standards for RO designation. A. Minimum lot area: 7,200 square feet. B. Minimum lot width: 50 feet. C. Minimum lot depth: 80 feet. D. Maximum lot coverage: 55 percent. 1. New single family residential or conversions of single family residences to commercial uses with additions greater that 200 square feet over the lifetime of the property, then the maximum lot coverage is 35 percent. 2. All other: maximum lot coverage is 55 percent. E. Maximum building height: 35 feet. ---------------------------- Ordinance No. 6231 March 18, 2009 Page 2 of 17 1. New single family residential or conversions of single family residences to commercial uses with additions greater than 200 square feet over the lifetime of the property, then the maximum height is 25 feet. 2. All other: Maximum building height is 35 feet. F. Minimum yard setbacks: 1. Front: 20 feet; a. New single family residential or conversions of single family residences to commercial uses with additions of 200 square feet or less; then the front yard setback is 10 feet. b. All other: front yard setback is 20 feet. 2. Side, interior: five feet; 3. Side, street: 10 feet; 4. Rear: 25 feet; a. New single family residential or conversions of single family residences to commercial uses with additions of 200 square feet or less; then the front yard setback is 15 feet. b. All other: front yard setback is 25 feet. 5. Accessory structures shall meet all the required setbacks of the zone with the exception that the rear yard setback may be reduced to five feet; provided, that any structure with a vehicular entrance from a street (public or private) or public alley shall be set back a minimum of 20 feet. G. Fences and hedges: see Chapter 18.48 ACC. H. Parking: see Chapter 18.52 ACC. Parking must be set back a minimum of 10 feet from a street. For conversions to commercial use, if on-street parking is currently allowed along the property frontage or within 250 feet of the property, a credit of one parking space may be counted towards the minimum off-street parking required. I. Landscaping: see Chapter 18.50 ACC. J. Signs: see Chapter 18.56 ACC. (Ord. 5777 § 1, 2003; Ord. 4562 § 2 (Exh. A), 1992; Ord. 4304 § 1(13), 1988; Ord. 4229 § 2, 1987.) Section 3. Amendment to City Code. That section 18.22.060 of the Auburn City Code be and the same hereby is amended to read as follows: 18.22.060 Supplemental development standards for both the RO and RO-H designations. A. All uses shall be conducted entirely within an enclosed structure, except noncommercial municipal automobile parking facilities in the RO-H zone. B. There shall be no outside storage of materials allowed. C. Refuse cans, containers or dumpsters shall be screened from the view of adjoining properties. ---------------------------- Ordinance No. 6231 March 18, 2009 Page 3 of 17 D. No on-site hazardous substance processing and handling, or hazardous waste treatment and storage facilities shall be permitted, unless clearly incidental and secondary to a permitted use. On-site hazardous waste treatment and storage facilities shall be subject to the state siting criteria (Chapter 70.105 RCW). (Ord. 5733 § 2, 2003; Ord. 4562 § 2 (Exh. A), 1992; Ord. 4294 § 3, 1988; Ord. 4229 § 2, 1987.) E. Any new construction, including additions and alterations, within the RO district shall utilize similar bulk, scale, and architectural and landscape elements of the existing site structure or those of the neighborhood in which the property is located. A site plan and building elevation plans shall be prepared by the applicant which addresses compliance with the requirements as outlined in this subsection. The plans shall be approved by the Planning, Building, and Community Director or designee prior to the issuance of any building permits. F. The Planning, Building, and Community Director and the Public Works Director or designees may deviate from the development standards under Section 18.22.040 up to 10 percent, for example reduce rear yard setback by 1.5 feet, to address unusual circumstances for conversions of single family residential uses to non-residential uses. Section 4. Amendment to City Code. That section 18.50.050 of the Auburn City Code be and the same hereby is amended to read as follows: 18.50.050 Regulations by zone. A. R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, and LHR3 Districts. Landscaping shall only be required in conjunction with a conditional use permit. The type and amount to be determined at that time the CUP is approved. B. R-4 and LHR4 Districts. 1. Street frontage: five-foot width of Type III; 2. Adjacent to R-R, R-S, LHRS, R-1, LHR1, R-2, or LHR2 zone: five-foot width of Type III, adjacent parking or driveways will require a five-foot width of Type II; 3. Adjacent to R-3 or LHR3 zone: five-foot width of Type IV, adjacent parking or driveways will require a five-foot width of Type III. C. RO and RO-H Districts. 1. Street frontage: 10-foot width of Type III; 2. Adjacent to R-R, R-S, R-1, R-2, or R-3 zone: 10-foot width of Type III, adjacent parking or driveways will require a 10-foot width of Type II; 3. Adjacent to R-4, R-MHP: five-foot width of Type IV, adjacent parking or driveways will require a five-foot width of Type III. 4. For conversions of single family residences to commercial uses within the RO district: existing healthy landscaping may be retained and utilized to supplemented to meet the intent of the code requirements as determined by the ---------------------------- Ordinance No. 6231 March 18, 2009 Page 4 of 17 Planning, Building, and Community Director or designee. See Section 18.50.060 for plan requirements. D. I, LHI, C-1, LHC1, C-2, C-N, P-1, and LHP1 Districts. 1. Street frontage: five-foot width of Type III, no street frontage landscaping is required for the C-2 zone except for parking lots and as may be required by ACC 18.28.050(F); 2. Adjacent to R-R, R-S, LHRS, R-1, LHR1, R-2, LHR2, R-3, or LHR3 zone: five-foot width of Type II, adjacent parking or driveways will require a five- foot width of Type I; 3. Adjacent to R-4, LHR4, RO, RO-H, R-MHP, or LHRMHP zone: five-foot width of Type III, adjacent parking or driveways will require a five-foot width of Type II. E. C-3, LF Districts. 1. Street frontage: five-foot width of Type III; 2. Adjacent to R-R, R-S, R-1, R-2, or R-3 zone: 10-foot width of Type II, adjacent parking or driveways will require a 10-foot width of Type I; 3. Adjacent to R-4, RO, RO-H or R-MHP zone: 10-foot width of Type III, adjacent parking or driveways will require a 10-foot width of Type II; 4. Outdoor storage yards adjacent to any C, P, I or M-1 zone. F. M-1 District. 1. Street frontage: 10-foot width of Type III, an additional 10-foot width will be required when loading and unloading docks face a street. In lieu of the additional 10-foot width of Type III landscaping, a Type II landscaping may be provided; 2. Adjacent to any R zone: 10-foot width of Type I; 3. Adjacent to I, C-1, C-2, P-1, or C-N zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 10-foot width of Type I; 4. Adjacent to C-3, LF zone: 10-foot width of Type III, adjacent outdoor storage yards will require a 10-foot width of Type I; 5. For those buildings that have frontage on a street a minimum of a 10- foot width of Type III landscaping shall be placed next to the building; 6. Outdoor storage yards adjacent to other M-1 zoned property shall have a minimum width of a five-foot Type I landscaping; 7. Adjacent to the Interurban Trail. Outdoor storage yards adjacent to the Interurban Trail (regardless of the zoning of the Interurban Trail) shall have a minimum 10-foot width of Type I landscaping. G. M-2 District. 1. Street frontage: 10-foot width of Type III; 2. Adjacent to any R zone: 30-foot width of Type I; 3. Adjacent to I, C-1, C-2, P-1, or C-N zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 10-foot width of Type I; 4. Adjacent to C-3 or LF zone: 10-foot width of Type II, adjacent outdoor storage yards will require a 10-foot width of Type I; ---------------------------- Ordinance No. 6231 March 18, 2009 Page 5 of 17 5. For those buildings that have frontage on a street a minimum of a 10- foot width of Type II landscaping shall be placed next to the building. H. BP District. The amount and type of landscaping shall be determined at the time of the approval of the business park. The landscaping requirements shall however be guided by the M-1 requirements and a minimum of 15 percent of the business park shall be landscaped. I. EP District. 1. Except as provided for in subsection (I)(2) of this section, all required yards shall be landscaped with Type III landscaping. 2. The planning director may reduce the width of required landscaping by up to 50 percent for projects employing drip irrigation or similar water conservation measures, use of native plant materials, or xeriscaping. 3. In no case shall less than 15 percent of the lot be landscaped. 4. Outdoor storage areas shall be screened with a minimum width of five- foot Type I landscaping. (Ord. 6036 § 3, 2006; Ord. 5863 § 5, 2004; Ord. 5342 § 2, 2000; Ord. 4914 § 1, 1996; Ord. 4304 § 1(36) – (39), 1988; Ord. 4229 § 2, 1987.) Section 5. Amendment to City Code. That section 18.50.060 of the Auburn City Code be and the same hereby is amended to read as follows: 18.50.060 General landscape requirements. A. Application. A landscape plan shall be required and shall be accurately drawn using an appropriate engineering scale and shall illustrate the following: 1. Adjacent streets, public and private; 2. Boundaries and dimensions of site; 3. Location of on-site buildings; 4. Location of on-site parking areas; 5. Location and size of landscape areas; 6. Location, species and size of planting materials; 7. Location of outdoor storage areas; 8. Location of significant trees; 9. Location of water source(s). If the subject property is located within the RO district a landscape plan signed by a licensed landscape architect is not required however a plan shall be prepared by the applicant providing a written record of landscaping to be retained and maintained, and generic naming of vegetation is acceptable. The plans shall be approved by the Planning, Building, and Community Director or designee prior to issuance of any building permits. B. Driveways and Pedestrian Walkways. Landscaping is generally required along all street frontages with the exception of driveways and pedestrian walkways within the property. ---------------------------- Ordinance No. 6231 March 18, 2009 Page 6 of 17 C. Fences. When fences and landscaping are required along the property line, the fence shall be set back of the landscaping if the fence abuts a street, so as to not obscure such landscaping. At other property lines the landscaping shall be located to serve the greatest public benefit. D. 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. E. Lawn Substitution. Sodded lawn may be substituted for the required shrubs or ground cover but all portions of the lawn area must be served by an automatic irrigation system. F. Maintenance. 1. The property owner shall be responsible for replacing any unhealthy or dead plants for a period of two years after the initial planting. 2. The building official shall require a maintenance assurance device, unless converting a single family residence to a non-residential 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 percent of the total landscape materials. 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. G. Outdoor Storage. Outdoor storage yards that are visible from a street or are adjacent to residentially zoned property shall be screened by a minimum of a five-foot width of Type I landscaping. Additional width may be required to comply with ACC 18.50.050. H. Parking Lots. 1. A planter area shall be required along the entire street frontage(s), except driveways and walkways; provided, that no sight-obscuring plants will be allowed whenever safe sight clearance is necessary for ingress and egress from a public street. The width of the planter area shall be as required in ACC 18.50.050(A) through (H) for street frontages; 2. All lots with more than 12 spaces, a 100-square-foot planter area shall be required at the end of each single row of parking, but in no case shall there be more than 10 parking spaces between any required planter area. The location of the planter area may be varied upon evidence submitted which shows that the ---------------------------- Ordinance No. 6231 March 18, 2009 Page 7 of 17 intent of the landscaping requirements have not been lessened. Any variation must receive planning director approval; 3. Each planter area shall contain at least one tree, a minimum of one and one-half to two inches in caliper. For planter areas in excess of 30 feet in length, more trees are required and shall be spaced not further than 30 feet apart; 4. Each planter area shall contain shrubs, spaced three feet on center, and be a minimum of one gallon in size; 5. Residential and nonresidential parking lots with five or less spaces, and nonresidential parking lots, with three or less spaces, shall be exempt from the parking lot landscape requirements. I. Performance Assurance. 1. The required landscaping must be installed prior to the issuance of the certificate of occupancy unless the building official 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. 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; 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; 4. Upon completion of the required landscaping by the property owner the city shall release the performance assurance device. J. Private Property. All required landscaping shall be located entirely on private property. When landscaping is required to separate adjacent uses, the landscaping shall run the full length of the adjacent property. K. Sight Hazards. The building official and/or city engineer may review and modify landscape plans which may affect visibility for ingress, or egress, corner lots or other intersections. Any reduction of landscaping shall be made up elsewhere on-site. L. Significant Trees. All significant trees, as defined by ACC 18.50.030(E), shall be retained and made part of the landscape plan. M. Species. The applicant shall utilize plant materials which complement the natural character of the Pacific Northwest. N. Landscaped Berms. In addition to the minimum landscape requirements of ACC 18.50.050, landscaped berms may be required to mitigate any impacts associated with a specific project. The berms may be applied through an administrative or conditional use permit, contract rezone, or as a condition associated with a mitigated determination of nonsignificance or environmental impact statement. The minimum height of the earth creating the berm shall be three feet and have a slope no greater than two-foot horizontal to one-foot vertical. (Ord. 4914 § 1, 1996; Ord. 4229 § 2, 1987.) ---------------------------- Ordinance No. 6231 March 18, 2009 Page 8 of 17 Section 6. Amendment to City Code. That section 18.50.080 of the Auburn City Code be and the same hereby is amended to read as follows: 18.50.080 Modification of landscaping requirements. The director may authorize a reduced width of planting or waive some or all of the landscaping requirements if the applicant proposes an alternative method of landscaping that would achieve the intent and purpose of the landscaping required in this chapter and which, in the opinion of the director, provides a superior level of buffering/screening. Alternative landscaping techniques may include the use of native vegetation existing on site, the use of berms or increasing perimeter landscape width in strategic locations. (Ord. 5863 § 6, 2004.) Within the RO district, the Planning, Building, and Community Director or designee may authorize employment of alternate landscape methods provided that the vegetation is maintained pursuant to Section 18.50.070. Section 7. Amendment to City Code. That section 18.52.010 of the Auburn City Code be and the same hereby is amended to read as follows: 18.52.010 General. A. Off-street parking and loading lots shall be provided in accordance with the following provisions of this chapter for every building or use hereafter erected, altered, enlarged, or relocated. 1. Any new building, use or structure shall provide the required parking to the standards specified in this chapter. The provision of additional parking is not required for a change of use in existing buildings in the C-2 zoning district. 2. Whenever a new building replaces an existing building or there is an expansion of an existing building within the C-2 zoning district, the requirements of this section shall apply only if there is an increase in floor area of 25 percent or more (including the cumulative increase of previous expansions after the effective date (April 1, 1997) of the ordinance amending this section). 3. 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 shall be deemed to comply with ACC 18.50.060(H). 4. Any parcel of land that is used or is intended to be used as a parking area shall be improved pursuant to the provisions of this chapter. This shall include all parking areas whether or not required by this chapter except as provided in ACC 18.52.060(A) and (B). ---------------------------- Ordinance No. 6231 March 18, 2009 Page 9 of 17 5. For existing parking lots that are resurfaced in excess of 50 percent of its area, then at least five percent of the entire parking area shall be landscaped consistent with Chapter 18.50 ACC. 6. 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. B. These regulations shall not be retroactive to include any building or use existing at the time of passage of the ordinance codified in this chapter, except as follows: 1. When a building is located on a different site, there shall be provided off-street parking and loading spaces as required for new buildings. 2. When the number of units is increased by alteration or addition to a dwelling or other structure containing sleeping rooms, there shall be provided off- street parking and loading spaces for such additional units. When there are other alterations to a residential structure, the requirements of this chapter shall apply whenever the value of such alterations or the cumulative value of previous alterations after the effective date (April 1, 1997) of the ordinance amending this section exceeds 50 percent of the assessed valuation of the structure. 3. When there are alterations or additions to a nonresidential building outside the C-2 zoning district, there shall be provided off-street parking and loading spaces for any increase, including any cumulative increase of previous additions or alterations after the effective date (April 1, 1997) of the ordinance amending this section, in the gross floor area or number of seats, bowling lanes or classrooms therein, except that when the aggregate number of spaces required for such alterations or additions is five or less, the off-street parking need not be provided. 4. Whenever any existing, nonresidential use in a building outside of the C-2 zoning district is changed to another use in the same building, the requirements of this section 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 five spaces. 5. Whenever there is a change from a residential use to a nonresidential use in an existing building, the requirements of this title shall apply in full to the new use; except that the hearing examiner by means of a special exception may determine that a portion of the residential structure cannot be effectively utilized by the proposed commercial use and such area then may be excluded from the gross floor area used to compute the parking requirement. 6. Whenever there is a change from a residential use to a nonresidential use in an existing building within the RO district, the requirements of this title shall apply in full to the new use; except that the Planning, Building, and Community Director by means of a special exception may determine that a portion of the residential structure cannot be effectively utilized by the proposed commercial use and such area then may be excluded from the gross floor area used to compute the parking requirement. ---------------------------- Ordinance No. 6231 March 18, 2009 Page 10 of 17 7. Whenever there is a change from a residential use to a nonresidential use in an existing building within the RO district, the requirements of this title shall apply in full to the new use; except if the structure is being used as both a residence and business the Planning, Building, and Community Director by means of a special exception may approve a parking plan to meet the parking requirements for both uses. C. The required parking and/or loading shall have reasonable access to a street or alley and a capacity according to the use of the building listed in the following sections. D. Where a use is not listed, the planning director shall determine the number of required parking and/or loading spaces based upon similar uses for which the requirements are specified. E. Removal of required parking and/or loading spaces from practical use by obstruction, erection of buildings, or other actions as to reduce the parking and/or loading capacity or usefulness thereof below the minimum requirements established in this chapter is prohibited. F. “Gross floor area” includes all floor area within the exterior walls of the building including area in halls, storage, and partitions, but excluding furnace and similar utility space used solely to maintain the building for occupancy. G. “Parking area” includes the parking spaces together with driveways and the access to a street. H. “Gross leasable area” is the gross floor area reduced by the area of public lobbies, common mall areas, permanently designated corridors, and atriums or courtyards provided solely for pedestrian or merchandise access to the building from the exterior, and/or for aesthetic enhancement or natural lighting purposes. (Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) Section 7. Amendment to City Code. That section 18.52.050 of the Auburn City Code be and the same hereby is amended to read as follows: 18.52.050 Off-street parking area development and maintenance. Every parcel of land hereafter used as a public or private off-street parking area shall be developed and maintained as follows: A. The parking areas on private property, including interior driveways and access to a public street, shall be paved with asphalt concrete or cement concrete pavement and shall have appropriate bumper guards where needed. 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. For properties within the RO district converting from single family residential to a nonresidential use, alternative pervious surfaces may be utilized ---------------------------- Ordinance No. 6231 March 18, 2009 Page 11 of 17 as approved by the City Engineer. Required ADA parking space(s) shall meet all current ADA standards pursuant to current state requirements. B. Parking areas shall be used for vehicle parking only, with no sales, unless permitted elsewhere by this title, dead storage, repair work, or dismantling of any kind. C. If lighting is provided, it shall be hooded, shielded, directed downward and not exceed one-half foot-candle at the property line. D. Drainage facilities for storm water are required and shall be approved by the public works department. E. Ingress and egress shall be approved as to location and design by the public works department. F. A six-inch extruded concrete curb shall be provided around landscaped islands, peninsulas or similar features. G. Driveways and parking stalls shall be clearly marked. Driveways or aisles that serve emergency access shall have a 20-foot minimum width, an unobstructed vertical clearance of at least 13 feet six inches (see IUFC 902.2.2.1), and be clearly marked. H. Landscaping: see Chapter 18.50 ACC. I. Sidewalks or pedestrian walkways shall be visibly marked with striping or differentiated pavement. J. For parking lots in excess of 50 spaces, the design shall be approved by the city engineer and the planning director. Designs shall be reviewed for dimensional and landscaping requirements, drainage, pavement, pedestrian amenities, circulation, arterial access and queuing and driveway locations, bicycle parking location, lighting and signage. K. The maximum grade of driveways should be no more than 12 percent. Grades of up to 15 percent may be allowed upon approval by the city engineer and the planning director. A landing approach area shall be provided with a grade not exceeding eight percent. (Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) Section 8. Amendment to City Code. That section 18.52.090 of the Auburn City Code be and the same hereby is amended to read as follows: 18.52.090 Parking space dimensional requirements. A. Standard Sized Parking Spaces. 1. Standard sized parking spaces parallel to the driveway or aisle serving them shall be a minimum of nine feet wide and 22 feet long. Driveways or aisles serving standard sized parallel spaces shall be a minimum of 12 feet wide. 2. Standard sized parking spaces oriented at an angle to the driveway or aisle serving them shall be consistent with the minimum dimensional ---------------------------- Ordinance No. 6231 March 18, 2009 Page 12 of 17 requirements set forth by the following table, and further defined by subsection C of this section; provided, that aisle widths shall not be less than 10 feet. One-Two- Way Way A B C D D 30 9.0' 17.3' 12.0' 20.0' 45 9.0' 19.8' 15.0' 20.0' 60 9.0' 21.0' 18.0' 20.0' 90 9.0' 19.0' 24.0' 24.0' B. Compact Sized Parking Spaces. 1. In any off-street parking lot up to 30 percent of the spaces may be designated as “compact” spaces and be developed according to the minimum dimensional requirements for compact spaces established under this section. Municipally owned/leased automobile parking facilities may designate up to 50 percent of the spaces as “compact.” 2. In the RO district all parking spaces may be compact, except the required handicap space shall meet the current ADA standards. 32. Compact sized parking spaces oriented parallel to the driveway or aisle serving them shall be a minimum of eight feet wide and 20 feet long. Driveways or aisles serving compact sized parallel parking spaces shall be a minimum of 11 feet wide. 43. Compact sized parking spaces oriented at an angle to the driveway or aisle serving them shall be consistent with the minimum dimensional requirements set forth by the following table and further defined by subsection C of this section; provided, that aisle widths shall not be less than 10 feet. One-Two- Way Way A B C D D 30 8.0' 14.9' 10.0' 20.0' 45 8.0' 17.0' 13.0' 20.0' 60 8.0' 17.9' 16.0' 20.0' 90 8.0' 16.0' 22.0' 22.0' 54. 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. The additional use of signs to identify any large blocks of compact parking spaces is encouraged. The random distribution of compact spaces or blocks of compact spaces throughout a parking lot is also encouraged. 65. Existing parking lots may provide for compact parking spaces under the provisions of this section; provided, that the parking lot shall comply with all provisions of this chapter except that any parking lot which provides five percent ---------------------------- Ordinance No. 6231 March 18, 2009 Page 13 of 17 of its area in landscaping shall be deemed to comply with all landscaping requirements. C. When determining the minimum dimensional requirements for standard and compact parking spaces oriented at an angle to the driveway or aisle serving them, the following figure shall be consulted. D. Off-street parking lots shall comply with the handicapped parking space requirements. E. Overhang parking may be permitted. 1. The overhang area need not be paved but must be landscaped with deciduous trees planted 30 feet on center and groundcover or sodded lawn provided. The trees shall be planted to avoid conflict with the vehicles. No overhang landscape areas, created exclusively for overhang parking, shall be considered to meet the landscape requirements of this title. The overhang landscape area must be a minimum width of five feet; however, the maximum overhang allowed into the landscaped area shall be two feet. Overhangs into otherwise required landscaped areas are not permitted unless the width of the landscaped area is increased by at least two feet and the plant material increased accordingly. 2. All parking spaces with overhangs shall have appropriate wheel stops provided. (Ord. 5733 § 4, 2003; Ord. 4949 § 1, 1997; Ord. 4229 § 2, 1987.) Section 9. Amendment to City Code. That section 18.52.125 of the Auburn City Code be and the same hereby is amended to read as follows: 18.52.125 Stacked parking. Stacked parking, i.e., parking one car behind another, is permitted for funeral homes, and single-family homes, and for designated employee parking ---------------------------- Ordinance No. 6231 March 18, 2009 Page 14 of 17 within the RO district only, unless the use has complied with the requirements of ACC 18.52.030(E). (Ord. 4949 § 1, 1997.) Section 10. Amendment to City Code. That section 10.36.268 of the Auburn City Code be and the same hereby is amended to read as follows: 10.36.268 Disabled parking - Violation. A. A parking space or stall for a physically disabled person shall be indicated by: 1. A painted state-approved handicap symbol on the pavement situated in the center of the parking stall designating handicap parking for public and private property parking, except for conversions of single family residences to nonresidential uses within the RO district; and 2. A vertical sign, between 48 and 60 inches off the ground, with the international symbol of access described under RCW 70.92.120 displaying the notice “State disabled parking permit required” and a warning that other vehicles without permits will be impounded. B. Any person who meets the criteria for special parking privileges under Chapter 46.16 RCW shall be allowed free of charge to park a vehicle being used to transport that person for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted. This section does not apply to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles. The person shall obtain and display a special card, decal, or license plate under Chapter 46.16 RCW to be eligible for the privileges set forth in this section. C. No person shall stop, stand or park a vehicle in a properly posted and marked parking space or stall indicated for a physically disabled person as provided in subsection A of this section for any purpose or length of time unless such vehicle displays a special license plate, card or decal indicating that the vehicle is being used to transport a disabled person as defined under Chapter 46.16 RCW. D. A vehicle may be impounded with a parking citation to its owner when a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person as defined under Chapter 46.16 RCW is parked in a stall or space clearly and conspicuously marked therefore whether the space is provided on private property without charge or on public property, as signed and marked as set forth in subsection A of this section. The issuance of a previous parking citation to said vehicle for violation of the terms of this section shall constitute said prior notice. ---------------------------- Ordinance No. 6231 March 18, 2009 Page 15 of 17 E. No person shall stop, stand or park a vehicle in front of or within 20 feet of a wheelchair ramp on a public street, except for marked, disabled parking stalls. F. Any violation of this section shall be an infraction and punishable by a monetary penalty of $250.00. (Ord. 5724 § 4, 2002; Ord. 5608 § 1, 2001; Ord. 5212 § 1 (Exh. F), 1999; Ord. 5110 § 2, 1998; Ord. 4769 § 2, 1995; Ord. 4358 §§ 2, 3, 1989; Ord. 4023 § 1, 1985.) Section 11. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 12. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 13.Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. DATED and SIGNED this ____ day of _______________, 2009. INTRODUCED: __________________ PASSED: _______________________ APPROVED: ____________________ ---------------------------- Ordinance No. 6231 March 18, 2009 Page 16 of 17 CITY OF AUBURN ______________________________ PETER B. LEWIS MAYOR ATTEST: ___________________________ Danielle E. Daskam, City Clerk APPROVED AS TO FORM: __________________________ Daniel B. Heid, City Attorney Published: _________________ ---------------------------- Ordinance No. 6231 March 18, 2009 Page 17 of 17