Changes, Corrections, and Clarifications CITY COUNCIL December 5, 2017 Zoning Ordinance Changes, Corrections, and Clarifications (Item 7.A) Before you tonight is an introduction and first reading of an ordinance to amend the Zoning Ordinance making changes, corrections, and clarifications for policy issues that have arisen through its implementation.

June 23, 2015: Council adopted new Zoning Ordinance May 24, 2016 Feb 14, 2017: Council adopted ordinances making minor clerical changes, corrections, and clarifications Oct 18, 2017: Planning Commission adopted resolution recommending Council make the proposed changes, corrections, and clarifications to the Zoning Ordinance for policy issues that have arisen through its implementation Background Discussion Recommendation

New policy issues (“bucket 3”) Planning Commission organized Zoning Ordinance policy issues into three groups: Policy issues considered minor changes, corrections, and clarifications (“bucket 1”) Policy issues that have arisen since adoption of the Zoning Ordinance through its implementation (“bucket 2”) New policy issues (“bucket 3”) Background Discussion Recommendation

Purpose of tonight’s discussion: Review and adopt Zoning Ordinance changes, corrections, and clarifications Issues redlined in Attachment A (“bucket 2A”) Staff will return to Council at a later date with “bucket 2B” items 1447 Background Discussion Recommendation

Policy Issue Analysis (Attachment B): Policy topic Purpose of the standard How the issue was identified What the clarifying language will do 1447 Background Discussion Recommendation

Parking design standards/bicycle parking Nonconforming alcohol outlets Policy Issues: Landscaping Parking design standards/bicycle parking Nonconforming alcohol outlets Administrative Approvals DA enforcement Restaurant definition Temporary Use Permits 1447 Background Discussion Recommendation

829 21st Street Recommend that the City Council introduce for first reading an ordinance amending the Zoning Ordinance making changes, corrections, and clarifications related to policy issues that have arisen since the adoption of the Zoning Ordinance through its implementation. 1447 Background Discussion Recommendation

Changes, Corrections, and Clarifications CITY COUNCIL December 5, 2017 Zoning Ordinance Changes, Corrections, and Clarifications (Item 7.A) Before you tonight is an introduction and first reading of an ordinance to amend the Zoning Ordinance making changes, corrections, and clarifications for policy issues that have arisen through its implementation.

#22 SMMC Section 9.28.070(A) Discussion 1. Residential Districts. Parking shall be located in the rear half of the parcel and at least 40 feet from a street-facing property line, except as provided below: a. Single-Unit Residential District. Required parking for Single-Unit Dwellings shall be located within an enclosed garage. Required parking for all other permitted use classifications in the Single-Unit Residential district shall not be required to be located within an enclosed garage. Garages may be located in the front half of the parcel subject to the setback requirements of the Base District and the following: 1447 Background Discussion Recommendation

#23 SMMC Section 9.28.120(B)(9) Discussion b. The minimum width of a driveway or ramp serving a commercial property or a residential property with more than 2 residences is as follows: i. Parking Areas with 1 to 20 Spaces: Single driveway at least 10 feet wide with a minimum 12-foot wide apron width pursuant to the provisions of SMMC Section 7.04.180. ii. Parking Areas with 21 to 40 Spaces: Double driveway at least 20 feet wide with a minimum 12-foot wide apron width pursuant to the provisions of SMMC Section 7.04.180. 1447 Background Discussion Recommendation

#24 SMMC Section 9.28.140 Discussion A. Applicability. Every new building, change of use, andor every building enlarged by 10% or more shall provide short and long-term bicycle parking in the amount specified in Table 9.28.140, except as otherwise provided in this Chapter. 1447 Background Discussion Recommendation

#25 SMMC Section 9.28.140(E)(1)(a) Discussion b iii. QuantityOn-Site Requirement. Not less than 25% of tThe required short-term bicycle parking or 4 spaces, whichever is more, for new construction projects shall be provided on -site. For existing buildings and changes of use where existing site constraints prohibit locating short-term bicycle parking on-site, In lieu of providing the remainder of the short-term parking on site, the applicant shall satisfy the short-term bicycle parking requirements by may either: i. Install the remaining required bike racks in the public right-of-way with a location and design subject to review and approval by the City. A deed restriction shall be recorded requiring the property owner to maintain the off-site bicycle racks for the life of the project. ii. Ppaying a fee per space, to be established by City Council resolution including the cost of rack and installation, for each space that cannot be located on-site. 1447 Background Discussion Recommendation

#26 SMMC Section 9.28.180 Discussion F. Bicycle Parking. Substitution of non-required bicycle spaces for existing required automobile parking spaces is allowed according to the following provisions: 1. Parking spaces may be replaced with bicycle parking. Layout and design must meet Bicycle Parking Section 9.28.140(D) General Requirements with final layout and number to be approved by the Director. 2. For buildings with fewer than 10 automobile parking spaces, 1 existing required automobile parking space may be replaced in this manner with 5 bicycles spaces if no other suitable location for bicycle parking exists on the property as determined by the Director. 3. For every 5 bicycle spaces that are provided in the footprint of an existing required parking space, theautomobile parking requirement is reduced by 1 space, up to a maximum of 15% of the required parking spaces. 1447 Background Discussion Recommendation

#27 SMMC Section 9.31.040(E)(1) Discussion 1447 Background i. The one-year period to determine that a nonconforming alcohol outlet has been abandoned shall commence when the use ceases and any one of the following occurs: (1) The business license lapses; (2) The site is vacated; (3) The lease is terminated; (4) Utilities are terminated; or (5) A conforming use that meets the applicable requirements of this Ordinance is lawfully established in the space previously occupied by the nonconforming alcohol outlet. ii. Once the one-year period has commenced under Subsection (E)(1)(a)(i) that period shall only be terminated if the nonconforming alcohol outlet is fully licensed, permitted, and operational for 60 continuous days. Operational shall mean that the nonconforming alcohol outlet is open for business to the public and provides services typically associated with the nonconforming alcohol outlet during the hours and days that are customary for that nonconforming alcohol outlet. iii. Cessation of use due to remodeling shall not be considered abandonment so long as building permits are active in accordance with Chapter 8.08 of the Municipal Code. However, if the building permit expires before the use resumes, the one-year period under Subsection (E)(1)(a)(i) shall relate back and commence with the cessation of use. 1447 Background Discussion Recommendation

#29 SMMC Section 9.39.020 Discussion Administrative Approval shall be required prior to issuance of any Building Permit for the development of more than 1,000 square feet of floor area for all new construction and new additions to existing buildings located in Residential and Nonresidential Districts not otherwise subject to Zoning Conformance Review or discretionary review. However, no Administrative Approval shall be required for new construction and new additions to existing buildings located in the Multi-Unit Residential Districts, Ocean Park Neighborhood Districts, or for any new single-unit dwellings or additions thereto in any zoning district. 1447 Background Discussion Recommendation

#31 SMMC Section 9.48.010 Discussion B. No person shall fail to comply with the terms and conditions of any permit or approval issued pursuant to this Ordinance, any Development Agreement, or with any other law or regulation relating to land use or development. This shall apply to any person, whether or not the person was the original applicant for the permit or approval, and whether or not the person is the owner, lessee, licensee, agent, or employee. 1447 Background Discussion Recommendation

#32 SMMC Section 9.51.030(B)(8) Discussion c. Restaurant, Limited-Service and Take-Out. Establishments where food and beverages may be consumed on the premises, taken out, or delivered, but where limited table service is provided. This classification includes cafes, cafeterias, coffee shops, delicatessens, fast-food restaurants, sandwich shops, limited-service pizza parlors, self-service restaurants, ice cream and frozen yogurt shops, and snack bars with indoor or outdoor seating for customers. This classification includes bakeries that have tables for on-site consumption of products. It excludes catering services that do not sell food or beverages for on-site consumption (See Commercial Kitchen). See Division 3, Sections 9.31.040, Alcoholic Beverage Sales, and 9.31.280, Restaurants, Limited Service and Take Out Only, where applicable, for further details. 1447 Background Discussion Recommendation

#34 SMMC Section 9.31.370(B)(2) Discussion d. Number of Events. No more than 4 events shall be allowed on any one site within any 12-month period, except sidewalk sales located on the public right of way shall be limited to 2 events for periods not exceeding 3 consecutive days each within any 12-month period. In addition, Business Improvement Districts and Areas shall be allowed 2 sidewalk sales located on the public right of way for periods not exceeding 3 consecutive days each within any 12-month period. exempt from the limitations on number of events. 1447 Background Discussion Recommendation