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,
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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.
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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.
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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
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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;
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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.
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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
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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.)
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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).
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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.
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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
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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
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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
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Ordinance No. 6231
March 18, 2009
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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
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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.
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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: ____________________
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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: _________________
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March 18, 2009
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