ORDINANCE NO

Transcription

1 ORDINANCE NO AN ORDINANCE OF THE CITY OF ORT ORCHARD, WASHINGTON, ADOTING MINOR REVISIONS AND CORRECTIONS TO TITLE 20 OF THE ORT ORCHARD MUNICIAL CODE; ROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 13, 2017, the ort Orchard Cty Councl adopted ordnance establshng a new unfed development code (Ttle 20 OMC); and WHEREAS, snce the adopton of Ttle 20, Cty staff have docketed mnor errors and several other proposed mnor revsons to Ttle 20, pursuant to Chapter (7); and WHEREAS, the Cty may adopt amendments to the Cty's development regulatons pursuant to RCW 36.70A.106; and WHEREAS, on December 14, 2017, the Cty submtted to the Department of Commerce a 60-day request for revew of the proposed mnor revsons and correctons to Ttle 20, pursuant to RCW 36.70A.106(1); and WHEREAS, on January 12, 2018, the Cty's SEA offcal ssued a determnaton of non-sgnfcance for the proposed adopton mnor revsons and correctons to Ttle 20, and there have been no appeals; and WHEREAS, on March 6, 2018, the lannng Commsson held a duly-notced publc hearng on the proposed adopton of mnor revsons and correctons to Ttle 20, and no publc testmony was receved, and the lannng Commsson recommended approval of the proposed adopton; now, therefore, THE CITY COUNCIL OF THE CITY OF ORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The Cty Councl adopts all of the "Whereas" sectons of ths ordnance as fndngs n support of ths ordnance. SECTION 2. Secton (4) OMC s revsed to read as follows: Ttle 20 Admn & Enforcement Use of Standard Industral Classfcaton (SIC).

2 age 2 of 37! (4) The plannng drector shall determne whether a proposed land use not specfcally lsted n a land use table or specfcally ncluded wthn a SIC classfcaton s allowed n a zone. The plannng commsson's determnaton shall be based on whether or not permttng the 5 proposed use n a partcular zone s consstent wth the purposes of ths ttle and consderng the followng factors: (a) The physcal characterstcs of the use and ts supportng structures, ncludng but not lmted to scope, traffc, and other mpacts, and hours of operaton; (b) Whether or not the use complements or s compatble wth other uses permtted n the zone; and (c) The SIC classfcaton, f any, assgned to the busness or other entty that wll carry on the prmary actvtes of the proposed use. SECTION 3. Secton OMC s revsed to read as follows: Defntons "Crtcal facltes" means those facltes necessary to protect the publc health, safety and welfare. These facltes nclude but are not lmted to schools, hosptals, polce statons, fre departments and other emergency response facltes, and nursng homes. Crtcal facltes also nclude stes of hazardous materal storage or producton. SECTION 4. Table OMC s revsed to read as follows: Table ermt and Decson Type Classfcatons Type I Drector Decson Judcal Appeal Type II Drector Decson HE Appeal Type III HE Decson Judcal Appeal Type IV Cty Councl Decson Judcal Appeal Type V Cty Councl Decson GMHB Appeal Buldng ermt1 (Ttle 20, Subttle X) Short lat, relmnary (20.86) Temporary Use ermt relmnary lat and relmnary lat Major Modfcatons (20.88) Fnal lat (20.90) Ste-Specfc Rezone wthout Comprehensve Development Agreement (20.26) Comprehensve lan Amendment-

3 age 3 of 37 ; j Bndng Ste lan, Fnal (20.94) relmnary lat Mnor Modfcatons. (20.88) Land Dsturbng Actvty ermt ( and (11)) (20.58) lan Amendment Varance (20.42) (20.28) Bndng Ste lan - relmnary, Alteraton of relmnary, Alteraton of Fnal, Vacaton of Fnal. (20.94) ; Sgn ermt (f j ; Boundary Lne Adjustment (20.84) Code Interpretaton (20.10) Legal Nonconformng ermt (20.54) Short lat, Fnal (20.86) Sgn ermt (f SEA not requred) (20.132) Condtonal Use ermt (20.50) Shorelne Substantal Land Use Map Amendment, Text Amendment. (20.04) Legslatve Zonng Map Amendment (20.06) Development Ttle 20 Code Stormwater ermt, Amendment (20.06) Dranage ermt Condtonal Use (20.150) Annexatons ermt, and nonadmnstratve SEA requred) Shorelne Substantal Development ermt, Admnstratve (20.164) Varance - Admnstratve (20.28) Varance. (20.164) lanned Res. Developments Comprehensve Sgn Desgn lan ermts Fnal lat- Alteraton or Vacaton. (20.96) Vew rotecton Overlay Dstrct (VOD) Varance ( ) Sgn Varance (20.132) Shorelne ermt Exempton (20.164)

4 age 4 of 37 Temporary Use ermt, Extenson (20.58) Untyped Revew and Decson Actons: reapplcaton Meetng (20.24), Desgn Revew Board revew and recommendaton ( ), Tax Exempton for Mult-Famly Development (3.48), Capacty Reservaton Certfcate (20.180), ublc Works Desgn Varaton, Rght of Way ermt (12.04), Street Use ermt (12.24), Water/Sewer Connecton ermt (13.04) 1 If a buldng permt applcaton does not requre SEA revew, no publc notce s requred. If a buldng permt applcaton requres SEA revew, publc notce shall be provded consstent wth the requrements for Type II applcatons pursuant to secton of ths Ttle. SECTION 5. Secton OMC s revsed to read as follows: Applcablty. (1) All applcatons for development shall be subject to the provsons of ths Subttle, except where specfcally exempted, whch shall nclude, wthout lmtaton: (a) Any change of occupancy of a buldng from one Internatonal Buldng Code group or dvson of a group to another or a change of use of land; (b) Any new nonresdental and nonagrcultural use of land; (c) The locaton or constructon of any nonresdental or nonagrcultural buldng, or any multfamly project n whch more than four (4) dwellng unts would be contaned; and (d) Any addton to such structure or remodel or substantal revson of the ste plan assocated wth such use. (2) The constructon and development of projects revewed under ths Subttle shall be n strct complance wth the approved ste plan and condtons attached thereto.

5 age 5 of 37 (3) All land uses, actvtes, constructon, clearng, gradng, fllng, development, ntensfcaton, and structural modfcatons or alteratons shall comply wth the OMC. (4) All permts and approvals granted for the use, actvty, constructon, clearng, gradng, fllng, development, ntensfcaton, or structural modfcatons or alteratons shall comply wth the OMC. No permt or approval shall be ssued for any parcel of land developed n volatons of the OMC. SECTION 6. Secton OMC s revsed to read as follows: ; Zones establshed. The followng zones are hereby establshed: Gb, R4.5, R8, R8-MWD, R12, R20, Co, BI, BII, Eo, Mxd, Cf; and overlay zones of TRMT, VOD, DOD central, DOD east and DOD west gateways. The locaton and boundares of the varous zones are such as are shown on the Cty's adopted zonng map, and are codfed n ths ttle and made a part of ths ttle. Changes n the boundares of the zones, ncludng applcaton or amendment or nterm zonng, shall be made by ordnance adoptng or amendng the zonng map. SECTION 7. Secton OMC s deleted n ts entrety. SECTION 8. Secton OMC s revsed to read as follows: DOD - Heghts for lots that do not abut Bay Street. The maxmum allowable buldng heght lmt shall be 27 feet, whch may be ncreased up to 39 feet when the applcant: (1) Meets the requrements for a condtonal use permt, as set forth n Chapter OMC; (2) rovdes a specal amenty(es) n accordance wth OMC wth a monetary value of one percent of the value of the new/proposed buldng and land; and (3) Comples wth the requrements of OMC regardng reduced floor area above 27 feet. rovded, n no crcumstances shall the maxmum allowable structure heght exceed 27 feet, whch may be ncreased up to 39 feet when the condtons lsted n subsecton (2) of ths secton are satsfed. SECTION 9. Secton OMC s revsed to read as follows: TRMT-Sgns.

6 age 6 of 37 All permanent freestandng sgns wthn the Tremont Street corrdor overlay dstrct shall be of monument type. ole sgns are prohbted. All other applcable condtons of Chapter OMC shall govern the placement of sgns wthn the TRMT. SECTION 10. Secton OMC s revsed to read as follows: Vew protecton overlay dstrct (VOD). (1) The vew protecton overlay dstrct boundares are as shown on the Cty's adopted VOD map, as made a part of ths Ttle. Changes to the VOD map shall be made by ordnance adoptng or amendng the VOD map. (2) urposes. The adopton of scenc resource protecton s ntended to: (a) reserve the aesthetc qualty of the communty; provde for reasonable developmentprotect property values; promote or preserve reasonable open space, lght, ar, and habtat; and otherwse preserve and protect the general health, safety and welfare of the communty. (b) Recognze the mportance of scenc resources, vews, ar, habtat, and sunlght to propertes wthn the cty. (c) Trees, whether growng sngly, n clusters or n woodland settngs, provde a wde varety of sgnfcant psychologcal and tangble benefts for both resdents and vstors. Trees contrbute to the natural envronment by modfyng temperatures and wnds, replenshng oxygen to the atmosphere and water to the sol, controllng sol eroson, and provdng wldlfe habtat. Trees contrbute to the vsual envronment by provdng scale, color, slhouette and mass, by creatng vsual screens and buffers to separate structures, and by promotng ndvdual prvacy. Trees contrbute to the economc envronment of the cty by stablzng property values and reducng the need for surface dranage systems. Trees contrbute to the cultural envronment by becomng lvng landmarks of the cty's hstory and provdng a crtcal element of nature n the mdst of urban development. (d) Vews produce a varety of sgnfcant and tangble benefts for both resdents and vstors to the cty. Vews contrbute to the economc envronment by substantally enhancng property values. Vews contrbute to the vsual envronment by provdng nsprng panoramc vstas. Vews of attractve subjects wth sgnfcant horzontal expanse add substantal value to real property. Such vews are consdered sgnfcant n addng to the value of real property by the

7 age 7 of 37 Ktsap County assessor. Access to plentful sunlght enhances lvablty and promotes the general welfare of the entre communty. (e) Trees, vews, and access to sunlght and ar and the benefts to be derved from each may come nto conflct. Tree plantng locatons and speces selectons may produce both ntended benefcal effects on the property where they are planted, and unntended deleterous effects on neghborng propertes. Trees may block lght, cause the growth of moss, harbor plant dsease, retard the growth of grass and nterfere wth the enjoyment of vews and sunlght, leadng to the lessenng of property values. (f) It s n the nterest of the publc welfare, health and safety to establsh standards for lght, sun, ar, habtat, and scenc resource protecton, and the resoluton of obstructon and related complants. (g) rovde a far and structured mechansm for protectng scenc resources, and for resolvng dsputes relatng to vews and sunlght. (h) Establsh supplementary regulatons to allow development wthout degradaton of envronmental qualty. The vew protecton overlay dstrct desgnaton s ntended to enhance the appearance of ort Orchard to make t a better place to lve and work, mprove the economc vtalty of the cty by enhancng the cty's attractveness to ts ctzens and vstors, and to promote ste development that s senstve to vulnerable or fragle envronmental resources and condtons, such as ar, sunlght, vews, and habtat. SECTION 11. Secton OMC s revsed to read as follows: Land dsturbng actvty Standards Generally. (1) Ths chapter sets forth mnmum standards whch shall apply to land dsturbng actvtes as defned n chapter OMC. For crcumstances not specfcally addressed n ths chapter or the Stormwater Desgn Manual, the provsons of the Internatonal Buldng Code shall apply. (2) All land dsturbng actvtes wthn the Cty, regardless of whether a permt s requred, shall meet the performance and restoraton standards and requrements of ths chapter and shall nclude the use of low mpact development best management practces pursuant to chapter

8 age 8 of OMC to reduce eroson and protect water and ar qualty. (3) All land dsturbng actvtes wthn crtcal areas and ther assocated buffers shall conform to the applcable provsons of ths chapter and Ttle 18 OMC. The applcant shall be responsble for obtanng and coordnatng all requred state or federal permts assocated wth the fllng of wetlands or other regulated actvtes. SECTION 12. Secton OMC s revsed to read as follows: Table Retal land uses.* = ermtted C = Condtonal Green belt Resden tal Moble Home ark Res Resdent den al Resd Resde Comm Employ tal Unts/Ac Busnes Busnes Mx Comm ental Resdenta ntal - ercal ment re MWD unty Retal s S ed Industr 4.5 rofess rofess Use Faclt Unts/ Unts/Acre Unts/ and al and Unt onal I onal II Acre Acre Offce s Offce es s/ac re Gb RMH R4.5 R8 R8-MWD R12 R20 Co B I B II Mx Eo Cf Retal Land Uses Id 5271 * Moble home sales Buldng, hardware and I garden materals C * Forest products sales C * Departme nt and varety stores

9 ; Ordnance No age 9 of 37 = ermtted C = Condtonal 54 * Food stores Green belt Resden tal - Moble Home ark Res Resdent den at Resd Resde Comm Employ tal Unts/Ac Busnes Busnes Mx Comm ental Resdenta ntal - ercal ment re MWD unty -8.0 I Retal s s ed 4.5 Industr rofess Faclt Unts/ Unts/Acre Unts/ rofess Use and al and Unt onal I onal II Acre Acre Offce s Offce es s/ac re Gb RMH R4.5 R8 R8-MWD Mx R12 R20 Co B I B II d Eo Agrcultur al crop sales C3 C3 2 Cf * Motor vehcle dealers C 553 Auto supply store Gasolne servce staton C 555 Boat dealers C 56 Apparel and accessory stores * Furnture and home furnshng stores 58 Eatng and drnkng places 6 9 2

10 age 10 of 37 Res Resdent! den al = Resden Resd Resde Comm Employ Ral Unts/Ac Busnes Busnes Mx Comm ermtted tal - ental Resdenta ntal - ercal ment Green re MWD unty Moble -8.0 I Retal s s ed Industr belt 4.5 rofess rofess Use Faclt C = Home Unts/ Unts/Acre Unts/ and al and Unt onal I onal II ark Acre Acre Offce s Offce es Condtonal s/ac re ; R8-MWD Mx Gb RMH R4.5 R8 R12 R20 Co B I B II Eo Cf Id * Adult entertan ment facltes 5,6 * Drug stores C2 592 Lquor stores Marjuana retaler Used goods: antques/ secondha nd shops Mscellan 594 eous shoppng goods * Book, statonery, vdeo and art supply 6 6 * Monume nts, tombston es and

11 age 11 of 37 5 I Res Resdent den al -8.0 = Resden Resd Resde Comm tal Unts/Ac Busnes Busnes Mx ermtted tal ental Resdenta ntal - ercal Green re MWD Moble -8.0 I Retal s s led belt 4.5 rofess rofess Use C = Home Unts/ Unts/Acre Unts/ and Unt onal I onal II s Condtonal ark Acre Acre Offce s/ac re I R8-MWD Mx Gb RMH R4.5 R8 R12 R20 Co B I B II Eo d I graveston es * Bulk retal C Employ ment Industr al and Offce Comm unty Faclt es Cf I \ * 598 Aucton houses Fuel dealers C 7 7 * et shop C c 602 Banks and fnancal servces 2,8 2,8 C etroleum etroleu 2911 m refnng C Note: All applcable requrements of ths ttle, or other applcable state or federal requrements, shall govern a use located wthn the ort Orchard ncorporated area n addton to those descrbed n the notes followng. 1. Only hardware and garden materals shall be permtted. 2. Lmted to 25 percent of gross floor area up to 4,000 square feet. 3. a. Lmted to products grown on ste; and b. Covered sales area shall not exceed 1,000 square feet. 4. Only the sale of new or recondtoned automoble supples s permtted.

12 age 12 of Excludng SIC ndustry number Drnkng places. 6. Adult entertanment facltes shall be prohbted wthn 600 feet of any resdental zones, schools, lcensed daycare centers, publc parks, communty centers, publc lbrares, or churches that conduct relgous or educatonal classes for mnors. I I ;; 7. Lmted to offce use. 8. No drve-through permtted. 9. Lmted to a maxmum of 2,000 sq. ft. and no franchse outlets. Drve-through not permtted. SECTION 13. Secton OMC s revsed to read as follows: Admnstraton of Nonconformng ermts. A. The followng steps shall be followed n the processng of nonconformng permts: (hyperlnk to approprate secton of the Cty's roject ermt rocessng code): ; 1. Determnaton of complete applcaton (Secton ) 2. Determnaton of consstency (Secton ) 3. Notce of decson by Drector (Secton ) B. Because the processng of these permt applcatons requres the submsson of dfferent nformaton for approval, mposes dfferent burdens on the applcant and the Cty, and vares n other materal respects from the processng of a project permt applcaton, these permts are exempt under RCW 36.70B.140 from all project permt processng requrements (dentfed n Chapter 20.22), other than those set forth n ths chapter. SECTION 14. Secton OMC s revsed to read as follows: Addtonal permt requrements. (1) Temporary use permts shall be lmted n duraton and frequency as follows: (a) For temporary use permts ssued pursuant to secton (1) or (2) of ths chapter, the permt shall be effectve for 180 days from ssuance. (b) The temporary use permt shall specfy a date upon whch the use shall be termnated and removed. (2) arkng and access for proposed temporary uses shall be approved by the cty engneer.

13 age 13 of 37 (3) The applcant for a proposed temporary use shall provde any parkng or traffc control attendants as specfed by the cty engneer. SECTION 15. Secton OMC s revsed to read as follows: Applcaton requrements. The followng materals shall be submtted to the Cty, pursuant to any addtonal applcaton rules, polces, or procedures ssued by the Department n order to consttute a complete applcaton for a boundary lne adjustment: (1) Completed master land use applcaton form and payment of assocated fees pursuant to chapter OMC; (2) A vcnty map that clearly marks the ste n relaton to the nearest major streets, roads, and waterways n the area; (3) A separate map that depcts the proposed property confguraton, ncludng all lot lne dmensons and exstng roads, structures and easements, wth lnes markng the orgnal boundares of the ste; (4) A separate map that depcts the proposed property confguraton, ncludng all lot lne dmensons, names and locatons of exstng or proposed roads and easements wthn or adjacent to the tract, the locaton(s) of exstng structures wthn the tract, and the locaton(s) of all utltes; (5) A legal descrpton of the exstng property confguraton and proposed property confguraton, prepared by a lcensed professonal land surveyor; and (6) A verfed statement by the applcant(s) that the property affected by the applcaton s n the exclusve ownershp of the applcant(s), or, f the property s not n the exclusve ownershp of the applcant, a verfed statement that the applcant has submtted the applcaton wth the consent of all owners of the affected property. (7) A ttle report prepared not more than 60 calendar days pror to applcaton submttal, prepared by a ttle company lcensed n the state of Washngton.

14 age 14 of 37 SECTION 16. Secton OMC s revsed to read as follows: Decson type. A prelmnary short plat s a Type II decson and a fnal short plat s a Type I decson. Short plats shall be processed n accordance wth the procedures for such decson types as set forth n chapter OMC. SECTION 17. Secton OMC s revsed to read as follows: Addtonal notce. Upon recept of a complete short subdvson applcaton, the Department shall provde the followng addtonal notce as applcable:. (1) If the proposed short subdvson s located adjacent to the rght-of-way of a state hghway, the Drector shall gve wrtten notce of the applcaton, ncludng a legal descrpton of the short subdvson and a locaton map, to the State Department of Transportaton; and (2) If the proposed short subdvson s located n whole or n part n a flood control zone as provded n chapter RCW, the Drector shall gve wrtten notce of the applcaton, ncludng a legal descrpton of the short subdvson and a locaton map, to the State Department of Ecology. SECTION 18. Secton OMC s revsed to read as follows: Fndngs. A proposed short subdvson applcaton shall not be approved unless the Drector makes wrtten fndngs and conclusons that: (1) All of the requrements n OMC , Revew crtera, are satsfed; (2) ursuant to RCW : (a) approprate provsons are made for the publc health, safety and general welfare and for such open spaces, dranage ways, streets or roads, alleys, other publc ways, transt stops, potable water supples, santary wastes, parks and recreaton, playgrounds,

15 age 15 of 37 1 schools and school grounds and all other relevant facts, ncludng sdewalks and other plannng features that assure safe walkng condtons for students who only walk to and from school; and (b) The publc use and nterest wll be served by the plattng of the short subdvson and dedcaton. SECTION 19. Secton s revsed to read as follows: Common Development Standards Densty credts. Crtcal areas and ther buffers may be used n the calculaton of allowed resdental densty whenever two or more resdental lots or two or more multfamly dwellng unts are created subject to the followng lmtatons: (1) Full densty credt shall be allowed for eroson and sesmc hazard areas desgnated as areas of geologc concern per (2). Flood hazard areas outsde of streams, wetlands, or assocated buffers shall be counted for full densty credt. (2) No densty credt shall be allowed for streams, lakes, ponds, and other bodes of water. (3) artal to full densty credt shall be allowed for steep slopes7 and landslde hazard areas desgnated as geologcally hazardous areas or areas of geologc concern per (1) or (2), wetlands, and requred buffers for any crtcal area accordng to the followng table: ercent of Ste n Buffers and/or Crtcal Areas (percent) Densty Credt (percent) 1-10 TOO

16 age 16 of 37 ercent of Ste n Buffers and/or Crtcal Areas (percent) Densty Credt (percent) (4) Allowed densty on stes contanng crtcal areas shall be calculated as follows: (a) Determne the percentage of ste area n crtcal areas and buffers by dvdng the total area n requred crtcal areas and buffers by the total ste area. (b) Multply the densty credt percentage set forth n subsecton (1) of ths secton by the ste area n crtcal areas and buffers to determne the effectve crtcal area. (c) Add the effectve crtcal area to the ste area not n crtcal areas or buffers. The resultng acres shall be consdered the effectve ste area for purposes of determnng the allowable dwellng unts pursuant to the zonng regulatons. (d) By way of example, the densty credt provsons apply as follows for a 10-acre ste under the R8 zone: () The square feet n the ste s 435,600 of whch ponds nclude 45,000 square feet, steep slopes nclude 82,000 square feet, and requred wetland buffers nclude 60,000 square feet. () Dvde the total amount of crtcal areas and buffers (187,000 square feet) by the total ste (435,600 square feet) equal to 42.9 percent. () Apply the densty credt from the chart (equal to a 60 percent densty credt where the amount of ste n a crtcal area s between 41 and 50 percent). (v) Multply the steep slopes and requred buffers only (142,000 square feet snce no credt s receved for ponds) by the densty credt of 60 percent equal to 85,200 square feet. (v) Add the unconstraned ste area (248,600 square feet) plus the crtcal area densty credt (85,200 square feet) to create the effectve ste area for densty calculatons (333,800 square feet).

17 age 17 of 37 *! ; (v) Dvde the total effectve ste area by 43,560 square feet to determne acreage (333,800 square feet/43,560 square feet/acre equals 7.6 acres) and multply by the densty allowed n the R8 zone (7.6 acres multpled by eght dwellng unts/acre) equals 60.8 whch s rounded up to 61 dwellng unts maxmum (note that the maxmum densty may be reduced by other provsons of ths code). (5) The densty transfer can be utlzed only wthn the development proposal ste. The applcant may cluster and confgure the ste's development to accommodate the transfer of densty but cannot change the type of uses or housng products allowed wthn the zone proper. SECTION 20. Secton s revsed to read as follows: Development Standards arkng -Off-street parkng desgn standards. I I (1) The most dstant parkng space shall not be located more than 500 feet away from the nearest buldng entrance t s requred to serve. Where the off-street parkng areas do not abut the buldngs they serve, the requred maxmum dstance shall be measured from the nearest buldng entrance that the parkng area serves: (a) For all nonresdental uses permtted n resdental zones, the parkng spaces shall be located on the same lot they are requred to serve and at least a porton of parkng areas shall be located wthn 150 feet from the nearest buldng entrance they are requred to serve. (b) For all uses permtted wthn downtown mxed use dstrct (Mxd), the parkng spaces may be located on consoldated off-ste parkng lots dstrbuted at accessble locatons about the downtown dstrct. (2) Mnmum parkng space and asle dmensons shall be determned by the plannng drector. Regardless of the parkng angle, one-way asles shall be at least 10 feet wde, and two-way asles shall be at least 20 feet wde. arkng plans for angle parkng shall use space wdths no less than eght feet, sx nches for a standard parkng space desgn and eght feet for a compact car parkng space desgn. : (3) Any parkng spaces abuttng a landscaped area on the drver or passenger sde of the vehcle shall provde an addtonal 18 nches above the mnmum space wdth requrement to provde a place to step other than n the landscaped area. The addtonal wdth shall be separated from the adjacent parkng space by a parkng space dvson strpe. The parkng space depth may be reduced when vehcles overhang a walkway under the followng condtons:

18 age 18 of 37 (a) Wheelstops or curbs are nstalled. (b) The remanng walkway provdes a mnmum of 60 nches of unmpeded passageway for pedestrans. (4) The amount of space depth reducton s lmted to a maxmum of 18 nches. (5) Ingress and egress between off-street parkng areas and abuttng streets shall be desgned, located, and constructed n accordance wth ort Orchard street standards. (6) Lghtng of off-street parkng areas shall be provded for safety of traffc and pedestran crculaton on the ste, as specfed n the Internatonal Buldng Code. Lghtng shall be desgned to mnmze drect llumnaton of abuttng propertes and adjacent streets. The plannng drector shall have the authorty to wave the requrement to provde lghtng. (7) Tandem or end-to-end parkng s allowed n sngle-famly detached resdental developments. Drveways crossng requred setback areas may be used for parkng when servng sngle-famly detached dwellngs but shall not be consdered for purposes of calculatng requred parkng. Attached sngle-famly and multfamly developments may have tandem parkng areas for each dwellng unt but shall not combne parkng for separate dwellng unts n tandem parkng areas. (8) All requred vehcle parkng must be on a paved surface. (9) LID best management practces (BMs) shall be used for all parkng lot desgn and constructon, unless ste and sol condtons make LID nfeasble as determned by the Cty. LID BMs for parkng lot desgn and constructon nclude, but are not lmted to: (a) ervous surfacng; (b) Integratng stormwater management facltes, such as boretenton swales, wth requred parkng lot landscapng; and (c) Usng natve speces n the landscape desgn. (d) LID BMs shall be desgned and constructed n accordance wth the LID Techncal Gudance Manual for uget Sound (current edton). SECTION 21. Secton s deleted n ts entrety.

19 ;!! - SECTION 22. Secton s revsed to read as follows: Development Standards Landscapng Sgnfcant tree retenton plan. Ordnance No age 19 of 37 The applcant shall submt a tree retenton plan concurrent wth a land dsturbng actvty permt, buldng permt or prelmnary subdvson applcaton, whchever s revewed and approved frst. The tree retenton plan shall consst of: (1) Tree survey that dentfes the locaton, sze, and speces of ndvdual sgnfcant trees or the permeter of stands of trees on a ste. For forested stes, the tree survey may use a standard tmber crusng method to reflect general locatons, numbers, and groupngs of sgnfcant trees. For detaled ste plans and gradng applcatons, the tree survey may be conducted by a method that locates ndvdual sgnfcant trees near edges of tree protecton areas. (2) The tree retenton plan dentfyng the sgnfcant trees that are proposed to be retaned should show the locatons of tree protecton fence that protects the crtcal root zones of the trees. SECTION 23. Secton s revsed to read as follows: Secton Sgn Varances. A. Approval Requred. A varance may be granted from the strct applcaton of the regulatons n ths Chapter whch apply to: (a) sgn placement on a parcel or buldng frontage; (b) sgn area; or (3) sgn heght, as regulated n ths Chapter. A varance may not be granted to allow any prohbted sgns or prohbted sgn features, as descrbed n Secton , or for any other purpose not lsted n ths subsecton A. The varance procedure n ths Secton does not apply to any Street Use permt or Buldng permt. B. Need for Sgn ermt, Consoldaton of rocessng. A sgn varance applcaton may be submtted before or concurrent wth the assocated sgn permt applcaton. No sgn permt applcaton requrng a varance for ssuance wll be processed wthout a sgn varance applcaton unless the applcant specfcally requests that the applcaton be processed wthout a varance. C. Revew rocedures. A sgn varance s a Type II permt pursuant to Table Refer to Chapter OMCfor applcaton requrements and permt processng steps.

20 age 20 of 37 D. Applcaton Requrements. A complete sgn varance applcaton shall consst of the followng: 1. Applcaton form. A completed sgn varance applcaton, ncludng the applcant's name, address, phone number and e-mal address. If the applcant s not the property owner, then the property owner must be dentfed and the applcaton must nclude an affdavt from the property owner, verfyng that the property owner has gven permsson to the applcant for the submsson of the sgn varance applcaton and for the nstallaton/postng of the sgn on the property owner's property. 2. Sgn ermt Applcaton. A completed sgn permt applcaton contanng all of the materals requred by Secton (Sgn ermts). However, the applcant may submt a varance applcaton wthout a sgn permt applcaton as provded n subsecton B above. 3. A narratve report whch descrbes the requested varance n detal. The report shall dentfy all of the sectons of ths Chapter from whch the applcant s requestng the varance, as well as the nature and extent of the varance (n area, locaton on the property, heght). 4. The narratve report shall also nclude the applcant's descrpton of the manner n whch the sgn varance satsfes all of the varance crtera n subsecton E below. 5. Fees. ayment of the approprate sgn varance applcaton fee. E. Varance Crtera for Approval. Sgn varance applcatons shall be revewed by the Communty Development Drector to determne whether all of the followng crtera are satsfed. In order to approve any sgn varance, the Drector must make wrtten fndngs to show that all of the followng crtera have been met: 1. The request for a sgn varance s due to unusual condtons pertanng to sgn vsblty needs for a specfc buldng or lot; and 2. The sgn wll not create a hazard; and 3. The sgn wll not volate any state statute or any Cty Code provson (other than the ones dentfed n ths Chapter relatng to sgns); and 4. The sgn wll not negatvely affect adjacent property; and

21 age 21 of The sgn wll be n keepng wth the general character of the surroundng area and the grantng of the varance would not result n an alteraton of the essental character of the surroundng area; and 6. The proposed varance s consstent wth the purposes and ntent of the Zonng Code and the purposes of ths Chapter; and 7. The varance s consstent wth the Cty's Comprehensve lan; and 8. The applcant has establshed that there are practcal dffcultes n complyng wth the provson(s) of ths Chapter and that the proposed sgn s a reasonable use of the property. Economc consderatons alone do not consttute practcal dffcultes; and 9. The plght of the applcant s due to crcumstances unque to the property, whch were not created by the applcant or landowner; and 10. The varance wll not permt any sgn or use that s not allowed n the zonng dstrct where the affected land s located, nor wll t allow any sgn or sgn feature prohbted under Secton (rohbted Sgns). F. Frst Amendment Excepton/Varance. Where an applcant can demonstrate that the strct applcaton of the regulatons n ths Chapter would volate hs/her Frst Amendment rghts, the Cty may grant a varance that does not conform to all of the varance crtera n subsecton E above. However, the applcant shall submt an applcaton whch provdes hs/her response to each of the varance crtera n subsecton E. The Cty need not make fndngs that all of the varance crtera have been satsfed, but the Cty shall grant such varance only to the extent reasonably necessary to protect the applcant's Frst Amendment rghts. If a Frst Amendment Excepton s granted, t shall be treated as an approval of a varance for purposes of ths Chapter. G. Notce of Fnal Decson. A Notce of Decson ncorporatng the decson on the varance applcaton shall ssue not more than 120 days after ssuance of the Determnaton of Complete Applcaton. H. Expraton of Varance. If the varance s approved, the sgn dentfed n the varance must be nstalled wthn 180 days or the varance wll expre. No sgn may be erected f there s no sgn permt for the sgn, or f the varance or the sgn permt has expred, even f the applcant has receved assocated buldng permts or a Street Use permt, and the latter have not expred.

22 ; Ordnance No age 22 of 37 SECTION 24. Secton OMC s revsed to read as follows: Applcablty. The standards n ths chapter shall apply to detached sngle-famly resdences (wth the excepton of moble homes n a moble home park exstng as of the date of adopton of ths Ttle), accessory buldngs (ncludng accessory dwellng unts), and duplexes, n any zone n whch they are bult. For exstng structures that are beng modfed or enlarged, the standards shall only apply to the portons of the structure beng modfed and to any addtons, unless the project valuaton exceeds 50% of the taxable value for the structure. When the project valuaton exceeds 50% of the taxable value for the structure, the entre structure shall be brought nto complance wth ths chapter; except that for any porton of the exstng buldng to whch an owner s not proposng structural changes, the cty shall not requre that porton of the exstng buldng to be modfed n the followng ways (except when requred pursuant to the cty's buldng codes): Movng an exstng exteror wall; Addng addtonal wndows to an exstng exteror wall; Enlargng an exstng covered entry; Relocatng an exstng garage or drveway; Replacng exstng sdng materal; Modfyng an exstng rooflne. SECTION 25. Secton OMC s revsed to read as follows: Land dsturbng actvty ermt Issuance; expraton. (1) Issuance. (a) After an applcaton has been fled and revewed, the Drector shall determne that the land dsturbng actvty comples wth the other provsons of ths chapter, chapter OMC, and all other applcable provsons of ths code or request that the applcaton be corrected or amended to comply wth the same. (b) No land dsturbng actvty permt shall be ssued untl approved by any and all federal, state, and local agences havng jursdcton, by laws or regulatons, pertanng to the

23 age 23 of 37 proposed work. (c) Upon approval of the applcaton and ssuance of the land dsturbng actvty permt, no work shall be done that s not provded for n the permt. (2) Mtgaton. In ssung a land dsturbng actvty permt, the Drector may requre measures to mtgate the mpacts of the land dsturbng actvty. (3) Inactvty. An applcaton for a land dsturbng actvty permt may be canceled for nactvty f an applcant fals, wthout reasonable justfcaton, to respond to the Drector's wrtten request for revsons or correctons wthn sxty (60) days of recept of such request. The Drector may extend the response perod beyond sxty (60) days f the applcant provdes and adheres to a reasonable schedule for submttng the full revsons. (4) ermt expraton. Land dsturbng actvty permts expre as follows: ; (a) If a buldng permt s ssued for the same ste, the land dsturbng actvty permt shall automatcally expre or be extended when the buldng permt expres or s extended; or (b) If a buldng permt s not ssued for the same ste, the land dsturbng actvty permt shall expre f the authorzed work has not begun wthn 180 days from the date of permt ssuance, or f work s abandoned for over sxty (60) consecutve days, unless an extenson has been granted. The applcant shall be responsble for notfyng the Drector, n wrtng, f delays or unforeseen crcumstances are mpactng the start or contnuaton of the work. If the authorzed work s contnually performed, the permt shall expre one (1) year from the date of ssuance, unless a dfferent tme frame s specfed on the permt or an extenson s granted. (5) ermt extensons. Up to two one-year extensons may be granted by the Drector; provded, that condtons whch were relevant to ssuance of the permt have not changed substantally and no materal detrment to the publc welfare wll result from the extenson. The applcant shall be responsble for notfyng the Drector, n wrtng, f delays or unforeseen crcumstances are mpactng the completon of the work. An extenson may be

24 age 24 of 37 granted by the Drector, provded the applcant provdes the followng: (a) A wrtten request and applcable fee. The request should be submtted no later than sxty (60) days pror to expraton of the permt; and (b) The applcant's project engneer submts a sgned statement certfyng that they have revewed the current physcal condtons of the ste and such condtons have not changed to a degree as to requre a revson to the desgn of the ste n order to reman consstent wth the applcable standards and requrements whch were n effect at the tme of the orgnal land dsturbng actvty permt approval and the assocated land use approval (f any). (6) Falure to pck up permt. When a land dsturbng actvty permt s ready to be ssued, the applcant shall be notfed and must pck up the permt wthn sxty (60) days of notfcaton. If the permt s not pcked up wthn sxty (60) days of notfcaton, t may be canceled by the Drector and become null and vod. If the permt s canceled, the Drector shall notfy the applcant by mal. ermt revew fees are not refundable for a permt that s canceled due to a falure to pck up. SECTION 26. The defnton of "Regulated use or actvty" n Secton OMC s revsed to read as follows: Regulated use or actvty. "Regulated use or actvty" means any development proposal whch ncludes or drectly affects a crtcal area or ts buffer or occurs wthn 200 feet of a crtcal area. SECTION 27. The followng defnton of "Crtcal areas" s added to Secton OMC: Crtcal areas. "Crtcal areas" ncludes the followng areas and ecosystems, as provded n RCW 36.70A.030: (a) Wetlands; (b) areas wth a crtcal rechargng effect on aqufers used for potable water; (c) fsh and wldlfe habtat conservaton areas; (d) frequently flooded areas; and (e) geologcally hazardous areas. "Fsh and wldlfe habtat conservaton areas" does not nclude such artfcal features or constructs as rrgaton delvery systems, rrgaton nfrastructure, rrgaton canals, or dranage dtches that le wthn the boundares of and are mantaned by a port dstrct or an rrgaton dstrct or company.

25 age 25 of 37 SECTION 28. Secton s revsed to read as follows: Applcaton requrements. (1) Applcaton rocedures for New Development. Any new development contanng a regulated wetland or ts buffer, or wthn 200 feet of a regulated wetland or ts buffer, shall provde the followng specal reports, as requred by the department, pror to any development authorzaton by the cty. If an envronmentally senstve area s wthn 200 feet of the parcel but not on the parcel, every effort should be made to obtan the requred nformaton. The department may requre addtonal reports or nformaton to further dentfy potental mpacts to any part of the envronment: (a) Wetland report; (b) Wetland mtgaton plan; and (c) Eroson and sedmentaton control measures and/or a stormwater or land dsturbng actvty permt as requred by the cty's stormwater management regulatons. SECTION 29. Secton s revsed to read as follows: urpose. Ths chapter apples to all regulated uses ncluded n the crtcal areas ordnance wthn 200 feet of areas desgnated as geologcally hazardous areas, as categorzed n OMC The ntent of ths chapter s to: (1) rovde standards to protect human lfe and property from potental rsks; (2) Control eroson, sltaton, and water qualty to protect fsh and marne shellfsh; (3) rovde controls to mnmze eroson caused by human actvty; (4) Use nnovatve ste plannng by placng geologcally hazardous areas and buffers n open space and transferrng densty to more sutable areas on the ste. SECTION 30. Secton OMC s revsed to read as follows: Geologcally hazardous area categores. The followng categores shall be used n classfyng geologcally hazardous areas: (1) Geologcally Hazardous Areas.

26 age 26 of 37 (a) Areas wth slopes greater than 30 percent and mapped by the Coastal Zone Atlas or spatal GIS data provded by the Washngton Geologc Informaton ortal 1as unstable (U), unstable old land sldes (UOS) or unstable recent sldes (URS). (b) Areas wth slopes greater than 30 percent n grade and deemed by a qualfed geologst or geotechncal engneer to meet the crtera of U, UOS, or URS. (2) Areas of Geologc Concern. (a) Areas desgnated U, UOS, or URS n the Coastal Zone Atlas or spatal GIS data provded by the Washngton Geologc Informaton, wth slopes less than 30 percent; or areas found by a qualfed geologst to meet the crtera for U, URS, and UOS wth slopes less than 30 percent; or (b) Slopes dentfed as ntermedate (I) n the Coastal Zone Atlas or spatal GIS data provded by the Washngton Geologc Informaton, or areas found by a qualfed geologst to meet the crtera of I; or (c) Slopes 15 percent or greater, not classfed as I, U, UOS, or URS, wth sols classfed by the Natural Resources Conservaton Servce as "hghly erodble" or "potentally hghly erodble"; or (d) Slopes of 15 percent or greater wth sprngs or groundwater seepage not dentfed n subsectons (2)(a), (b), or (c) of ths secton; or (e) Sesmc areas subject to lquefacton from earthquakes (sesmc hazard areas) such as hydrc sols as dentfed by the Natural Resources Conservaton Servce, and areas that have been flled to make a ste more sutable. Sesmc areas may nclude former wetlands, whch have been covered wth fll; or; (f) Areas wth any ndcatons of earth movement such as debrs sldes, earthflows, slumps and rock falls; or (g) Areas wth artfcal oversteepened or unengneered slopes,.e., cuts or flls; or (h) Areas oversteepened or otherwse unstable as a result of stream ncson, stream bank eroson, and undercuttng by wave acton. (3) Ste-Specfc Determnaton - Geologcal and Geotechncal Report rovsons. Should the applcant queston the nformaton the cty must rely on to determne whether a locaton contans a geologcally hazardous area or area of geologc concern, the cty may ask the applcant to submt the approprate geotechncal or geologc report to confrm or modfy the

27 age 27 of 37 exstng nformaton known about the area. The requrements for these reports are contaned n Artcles VIII and X of ths Chapter. I The ntent of ths provson s to allow obvously nongeologcally hazardous stes to be determned as such. Where there s any ambguty about the potental for geologc hazards whatsoever, the department wll requre a geotechncal or geologcal report, rather than make a nongeologcally hazardous determnaton. 1 The Washngton Geologc Informaton ortal s avalable onlne at r. wa.gov/geologyporta I. SECTION 31. Secton OMC s revsed to read as follows: Development standards. Ths chapter apples to all regulated uses n ths Chapter or wthn 200 feet of areas desgnated as geologcally hazardous or areas of concern. ermt applcatons nclude submttals for clearng, gradng and buldng on property contanng geologcally hazardous areas. Submttal documents prepared by a lcensed engneer may also be requred by the department, pursuant to the cty's stormwater regulatons. (1) Geologcally Hazardous Areas and Areas of Geologc Concern. (a) Approval. Where applcable the department wll approve, approve wth condtons or deny the development proposal based on the department's evaluaton of specfc ste condtons. The department wll also consder any proposed mtgaton measures ncluded n a geotechncal report, f one s submtted. (b) ublc Works Requrements. The applcant shall submt a land dsturbng actvty permt applcaton to the department. The applcaton and supportng documents shall be completed by a professonal engneer lcensed n the state of Washngton. The submttal documents shall be determned on a ste-specfc bass. The documents may nclude any combnaton of, but not be lmted to, constructon plans, detals and specfcatons for clearng, gradng, eroson and sedmentaton control, and stormwater dranage and detaled hydrologcal, geotechncal, sols, and dranage reports and analyses. (c) Mnmum Buffer Requrement. The buffer for all geologcally hazardous areas and areas of geologc concern shall nclude natve vegetaton from the toe of the slope to 25 feet beyond the top of the slope unless otherwse allowed through a geologcal report or a stespecfc determnaton. (d) Buldng/Impervous Surface Setback Requrements. ;

28 age 28 of 37 () Geologcally Hazardous Areas. The mnmum buldng and mpervous surface setback from the top of slope shall be equal to the heght of the slope (1:1 horzontal to vertcal) plus the greater of one-thrd of the vertcal slope heght or 25 feet. () Areas of Geologc Concern. A mnmum 40-foot buldng and mpervous surface setback shall be mantaned from the top of slope. As requred n subsecton (l)(c) of ths secton, the 25 feet adjacent to the top of the slope shall be retaned as a natve vegetaton buffer, wth an addtonal mnmum 15-foot buldng and mpervous surface setback. The department may decrease the setback when such a setback would result n a greater than 1:1 slope setback or as may be allowed through a geologcal report or a ste-specfc determnaton. () Toe of Slope Buldng Setback. A geotechncal report may be requred for any new constructon wthn 200 feet of a geologcally hazardous area. The department wll make a determnaton based on slope heght and stablty ndcators. Where slope hazard ndcators are not dentfed, the requrements of the Internatonal Buldng Code Secton 1805 or Secton R403 wll apply. (e) Buffer and Buldng Setback Modfcatons - Report Recommendatons. The mnmum natve vegetaton buffer and/or buldng setback requrement may be decreased f a geotechncal report demonstrates that a lesser dstance, through desgn and engneerng solutons, wll adequately protect both the proposed development and the eroson hazard and/or landslde hazard area (see Artcles VIII and X of ths Chapter for geologcal and geotechncal report requrements). Should the geotechncal report ndcate that a greater buffer and/or buldng setback s requred than specfed n ths secton, the greater buffer and/or buldng setback shall be requred. The department may determne through a ste vst, a specal report or mappng, that an ncreased buffer and/or buldng setback s requred from the crtcal area. (f) Tme Lmtatons. For major new development, and where requred for mnor new development, clearng, and gradng, shall be lmted to the perod between May 1st to October 1st, unless the applcant provdes an eroson and sedmentaton control plan prepared by a professonal engneer lcensed n the state of Washngton that specfcally and realstcally dentfes methods of eroson control for wet weather condtons. (g) Feld Markng Requrements. For major new development, the proposed clearng for the project and all crtcal area buffers shall be marked n the feld for nspecton and approval by the department pror to begnnng work. Feld markng requrements for mnor new development wll be determned on a case-by-case bass by the department. The feld markng of all buffers shall reman n place untl constructon s completed and fnal

29 age 29 of 37 approval s granted by the department. ermanent markng may be requred as determned necessary to protect crtcal areas or ther buffers. (h) Cut and Fll Slopes. The faces of all cut and fll slopes shall be protected to prevent eroson as requred by the engneered eroson and sedmentaton control plan. () Development Impact Standards. All dscharge of runoff from the development ste shall be of lke qualty, flow rate, and velocty as that whch flowed from the ste pror to development. In addton, all stormwater flows shall be accepted onto, and shall be dscharged from, the development ste at the natural or otherwse legally exstng locatons. The proposed development shall not decrease the slope stablty of any area wthn 200 feet of the property boundary. (j) Development Rsk Standard. In cases where a specal report ndcates a sgnfcant rsk to publc health, safety and welfare, the department shall deny or requre revson of the ste development proposal. (k) Addtonal Clearng Standards. () Only the clearng necessary to nstall temporary eroson control measures wll be allowed pror to the clearng for roads and utltes constructon. () Clearng for roads and utltes shall be the mnmum necessary and shall reman wthn marked constructon lmts. () Clearng for overhead power lnes shall be the mnmum necessary for constructon and wll provde the requred mnmum clearances of the servng utlty. (I) Exstng Loggng Roads. Where exstng loggng roads occur n geologcally hazardous areas or areas of geologc concern, a geologcal or geotechncal report may be requred pror to use as a temporary haul road or permanent access road under a converson or COH forest practces applcaton. (m) Clusterng Requrements. The department may requre clusterng to ncrease protecton to geologcally hazardous areas or areas of geologc concern. (n) Vegetaton Enhancement. The department may requre enhancement of buffer vegetaton to ncrease protecton to geologcally hazardous areas or areas of geologc concern. (o) Sesmc Hazard Area Development Standards.