A.    Fundamental land use planning choices made in adopted Comprehensive Plans and implemented through development regulations serve as the foundation for review of land use applications. This chapter establishes procedures for how the City of Olympia reviews land use permit applications.

B.    These procedures provide for an effective processing and review of land use permit applications consistent with chapter 36.70B RCW. This chapter is applied in conjunction with chapter 18.82 OMC (Hearing Examiner); Title 16 OMC (Buildings and Construction); chapter 14.04 OMC (Environmental Policy); Title 17 OMC (Subdivisions); chapter 18.20 (Shoreline Master Program Regulations); chapter 18.32 OMC (Critical Areas); and other applicable codes and standards.

(Ord. 7364 §2, 2023).

A.    When required by this section, approval of a land use permit application must be completed and all appeal periods terminated prior to issuance of a building or any other construction permit. A permit holder shall construct and develop projects that have been reviewed as land use permit applications in compliance with the approved site plan and conditions attached thereto.

B.    Land use approval is required for the following types of projects:

1.    A change of use of land or addition that results in a substantial revision to the approved site plan;

2.    Any new nonresidential and nonagricultural use of land; and

3.    The location or construction of any nonresidential or nonagricultural building, or any project in which more than four dwelling units are contained.

C.    Upon finding that any land use permit application meets the criteria for land use review, but the scope/scale of the project does not warrant the land use review process, the Director may waive the land use review process and appropriate land use application fees. Application of this exemption does not result in waiver of code requirements or construction permit processes.

(Ord. 7364 §2, 2023).

A.    Time Period Calculations. Time calculation is based on calendar days (including weekend days and City holidays). Regardless of whether any period is a minimum or maximum, when any permit review, notice, or decision time limit of this Title terminates on a weekend or City holiday, such time limit automatically extends to the first following non-holiday weekday.

B.    General Notice Requirements. When providing required notice, City staff shall use the available records of the Thurston County Assessor’s Office to determine the property owner of record. All notices are deemed to have been provided or received on the date the notice is deposited in the mail, sent electronically, or personally delivered, whichever occurs first. Failure to provide the public notice as described in this chapter is not grounds for invalidation of a decision on a permit.

D.    Optional Public Notice. In addition to required public notice, the City may provide notice to other individuals or organizations interested or possibly affected by the proposal. Failure to provide optional public notice is not grounds for invalidation of a decision on a permit.

E.    Dedication, improvements, and performance bond. As a condition of land use approval, the City may require an applicant to dedicate property, construct public improvements, or furnish a performance bond to the City to secure an obligation to complete the provisions and conditions of the project as approved.

F.    Licenses and building permits. The City shall not issue business and occupational licenses unless the applicant has a valid certificate of occupancy as defined in OMC 18.02.180(C). The City shall not issue any building permit for the construction, alteration, or relocation of any building, structure, or part thereof unless the plans, specifications, and intended use of such building or structure conforms in all respects with the provisions of this Title.

G.    The Director may waive appropriate land use application fees.

(Ord. 7425 §1, 2025; Ord. 7364 §2, 2023).

An applicant seeking land use approval shall apply via the City’s online portal. Application fee(s) as established by the City are due upon presentation of an application for land use approval. Land use permit applications are categorized as Type I, Type II, Type III, or Type IV. Applicable procedures for the review and decision on land use permit applications are pursuant to the following provisions:

A.    Application Types. The Director shall determine the proper application type for the processing of each permit application pursuant to the provisions of this chapter. Table 18.70-1 identifies examples of the types of applications included in each Application Type.

1.    Type I. Administrative decisions by the Director who may approve, conditionally approve, or deny the application.

2.    Type II. Administrative decisions by the Director with specified public notice. The Director may approve, conditionally approve, or deny the application.

3.    Type III. Hearing Examiner decisions following a public hearing. The Hearing Examiner may approve, conditionally approve, or deny the application.

4.    Type IV. Legislative decisions by the City Council after a public hearing. The City Council may approve, conditionally approve, modify and approve, or deny the application. Type IV applications are not subject to review timeline limitations unless specified elsewhere in this Title.

B.    Permit applications proposed in areas having adopted design guidelines are subject to design review. Refer to OMC 18.100 for applicability and procedures for design review. Notice requirements are as follows (see also OMC 18.100.110):

1.    Notice of Design Review Board meeting for conceptual design review may be combined with a Notice of Application and must be sent electronically, or by first class or higher mail, to property owners within 300 feet of the site, parties of record, and the recognized neighborhood association in which the site is located.

2.    Notice of Design Review Board meeting for detailed design review must be sent electronically, or by first class or higher mail, to parties of record, and the recognized neighborhood association in which the site is located.

C.    An applicant seeking approval of a townhouse development shall submit an application for preliminary plat or short plat approval and any design review and land use approval simultaneously.

D.    Application Submittals. The City’s online portal acts as the application for a project permit. Required application content is provided in the City’s handouts/forms which are used to supplement the Municipal Code and identify the types of reports, documents, and information necessary for a complete submittal.

1 This table is not an exhaustive list of all application types. For any application not listed in the table, the application type will be determined by the Director.

(Ord. 7425 §2, 2025; Ord. 7364 §2, 2023).

A.    Table 18.70-2 describes the final decision and appeal authorities for each land use application type. Table 18.70-3 provides public notice requirements for each land use application type. When separate applications are consolidated at the applicant’s request, the final decision must be rendered by the highest authority designated for any part of the consolidated application. A land use approval may be amended at the applicant’s request by the same procedures provided under this Chapter for original application approval.

B.    The Site Plan Review Committee consists of the Building Official, Planner, City Engineer, SEPA Official, and the Fire Chief or their designees. The Community Planning and Development Director, or designee, shall chair the Committee. The Committee serves in an advisory capacity to the Director, who is responsible for all land use related decisions. The Committee shall adopt rules of procedure for the purpose of ensuring fair, lawful, and timely recommendations.

C.    Referral to Hearing Examiner. If in the Director’s opinion a project is extraordinarily complex or presents significant environmental, design, or compatibility issues, the Director may refer the project for a public hearing before the Hearing Examiner. The Director may decide at any time to refer a project to the Examiner, in which case the application will be processed as a Type III application, and the Type III application timelines will apply.

D.    Design Review Board. The Design Review Board shall review and provide recommendations regarding Design Review applications decisions pursuant to chapter 18.100 OMC, Design Review. With respect to design review criteria, the decision-maker shall accord substantial weight to the Board’s recommendation.

HEX = Hearing Examiner; SPRC = Site Plan Review Committee; OPC = Olympia Planning Commission; ELUHO = Environmental and Land Use Hearings Office

2 As described in OMC 18.70.050(C), the Director may refer to Hearing Examiner for decision.

3 See OMC 18.56 and 18.82

4 See OMC 18.82

(Ord. 7425 §3, 2025; Ord. 7364 §2, 2023).

A.    Review Period. The decision-maker (Director or Hearing Examiner, depending on land use Application Type) shall render a final decision on a land use application within time limits set forth below, except as provided in OMC 18.70.060(D). The City shall review and process a land use application to allow for a final decision by the decision-maker within these time limits.

B.    Liability; permit fee refund. The City is not liable for damages due to the City’s failure to make a final decision within the time limits established in this chapter. The permit fee refund provisions of RCW 36.70.B.080(1)(l)(i) are inapplicable because the City has implemented three or more of the options listed in RCW 36.70B.160(1) (a) through (j).

C.    Request for Timeline. Where no time limit is specified, upon written request, the City will provide an estimated time of review. (Also see Olympia City Council Resolution No. M-1419 regarding exceptions.)

D.    Time Limit Exceptions. The time limits set forth above do not include:

1.    Building, engineering construction, and other actions/permits/licenses not defined as a land use action.

2.    Up to the first 28 days after receipt of an application during which the City determines whether the application is complete.

3.    Any period during which the applicant has been requested by the City to correct plans, perform studies, or provide additional information requested by the City. If the City determines that the additional information submitted to the City by the applicant is insufficient, the City shall notify the applicant of the deficiencies and this subsection (2) applies as if a new request for information has been made. If the applicant does not provide the requested corrections, studies, or information within six months, the application will be null and void. Each time such notice is provided in writing to the applicant and the applicant does not respond within 60 consecutive days, the City may add an additional 30 days to the overall project review time for the project. The notice from the City must indicate that non-responsiveness may result in additional time added to the project clock.

4.    For projects differentiated by the Director based on their complexity, due to site constraints such as environmental site constraints, more than one type of critical area, or stormwater design complexities (i.e. required to meet all 10 core requirements), the review period is extended an additional 70 days.

5.    Any appeal period. See OMC 18.70.170 for appeal procedures.

6.    Any extension of time mutually agreed upon by the applicant and the City.

7.    The time required to prepare and issue a final Environmental Impact Statement in accordance with the State Environmental Policy Act.

(Ord. 7425 §4, 2025; Ord. 7364 §2, 2023).

An applicant is responsible for knowing the expiration date of any approval. The City is not responsible for notifying an applicant of expirations.

A.    Land Use Approval. Unless exercised by complete application for necessary construction permits, any land use approval expires and is null and void two years from the date the final approval was issued. Land use approval may be extended two additional years if a complete building or other construction permit application for the project is submitted prior to expiration of the land use approval. Even absent such application, upon finding that there has been no substantial change in relevant circumstances and standards, land use approval may be extended up to two additional years by the Director pursuant to a written request submitted prior to expiration of land use approval. The Director may grant, limit, or deny the extension and may impose such conditions of extension to ensure compliance with any subsequently revised standards. If such written request for extension is not received by the Department prior to expiration, the Director shall deny such extension. Land Use Approvals are defined in OMC 18.02.180.L and include conditional use permits, variances, and reasonable use exceptions, long and short subdivisions, etc.

B.    Design Review approval expires simultaneously with expiration of any associated land use, building, or other construction permit or approval.

(Ord. 7425 §5, 2025; Ord. 7364 §2, 2023).

Land use permit applications vest according to OMC 18.02.130 and other applicable state and federal laws.

(Ord. 7364 §2, 2023).

Pursuant to RCW 36.70B.060(3) and 36.70B.120 and OMC 18.70.100, except as prohibited by Resolution No. M-1419 or its successor, an applicant may elect to submit a consolidated project permit application. The applicant shall make such election in writing upon and simultaneously with submission of all applications to be consolidated. Upon the applicant’s payment of the appropriate consolidation fee, the City shall process all consolidated applications as one application under the highest project permit classification and procedures.

A.    If a project involving two or more permits has the permits processed individually, the highest project permit classification and procedures must be finalized before subsequent permits can be issued. The Director may waive this requirement for permits not dependent on the higher classification of permit for their justification or implementation.

B.    If applicable, the City shall conduct a single open-record hearing and no more than one closed-record appeal on a consolidated review process. The consolidated process may combine an open-record hearing on one or more permits with an open-record appeal hearing on the other permits.

C.    Upon electing a consolidated review, the applicant shall pay such consolidation fee as has been established in the fee schedule adopted by the City Council. Simultaneous applications for permit approval within one category of approvals, such as solely land use, building, or engineering approval, are not consolidated reviews subject to a consolidated review fee, but nonetheless are entitled to consolidated review if so elected by the applicant.

(Ord. 7364 §2, 2023).

When review procedures require a determination of completeness, the following apply:

A.    Determination. Within 28 days of application, the Department shall provide the applicant a determination stating whether:

1.    The application is complete; or

2.    The application is incomplete and what is necessary to make the application complete.

B.    To the extent known, the City shall identify other agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application.

C.    Failure to Notify. If the City fails to provide the applicant a determination within the required time, then the application is automatically deemed complete.

D.    Processing. The City shall deem an application complete when it is sufficient for continued processing and when it meets the submission requirements set forth in OMC 18.70.040, and any submittal requirements identified at an optional presubmission conference. The determination of completeness does not preclude the City from requesting additional information or studies either at the time of the notice or subsequently if new information is required or substantial changes in the proposed action occur.

E.    Incomplete Application. An applicant whose application has been deemed incomplete has 90 days from the date of determination in subsection (A)(2) of this section for the necessary information to be submitted. If the applicant either refuses in writing or does not submit the required information within the time limits, the application lapses, unless an alternate timeline is agreed to in writing by the City and the applicant prior to the end of the 90 days.

F.    Review of Additional Information. When the applicant submits additional information for an incomplete application to the City, the City shall notify the applicant within 14 days of receipt of the additional information whether the application is complete or what additional information is necessary.

G.    Review Timeline. When the City determines that an application is complete, the City shall note the date of such determination and the official review period to render a decision, as identified in OMC 18.70.060, begins.

H.    Effect of Project Permit Application Revisions.

1.    When the City has notified the applicant that a land use application is deficient and requires revisions, the time periods in OMC 18.70.060(E)(2) apply.

2.    If, in the judgment of the Director, the content of an application is so substantially revised by an applicant, either voluntarily or to conform with applicable standards and requirements, that such revised proposal constitutes a substantially different proposal than that originally submitted, the Director shall determine the revised proposal to be a new application.

In reaching a determination whether a revision is so substantial as to constitute a new application, the Director shall consider the relative and absolute magnitude of the revision, the environmental sensitivity of the site, any changes in location of significant elements of the project and their relation to public facilities, surrounding lands and land uses and the stage of review of the proposal. Lesser revisions that would not constitute substantial revisions during early stages of review may be substantial during later stages due to the reduced time and opportunity remaining for interested parties to review and comment upon such changes. The Director shall provide written notice of the determination that the revision is so substantial as to constitute a new application to the applicant and all parties of record.

3.    The Director’s determination that a revision is so substantial as to constitute a new application results in the time periods mandated by the Regulatory Reform Act, RCW Chapter 36.70B, set forth in this Title starting from the date at which the revised project application is determined to be complete. The revised project application is subject to all laws, regulations, and standards in effect on the date of receipt of such revised project application.

(Ord. 7364 §2, 2023).

When review procedures require a notice of application, the following apply:

A.    Timeline. The Director shall notify the applicant within 14 days after making the determination of completeness.

B.    Content. The notice of application must include the following:

1.    The file number assigned;

2.    The date of application, date of the notice of completeness, and the date of the notice of application;

3.    A description of the proposed project action and a list of permits required with the application, including other government agencies having decision-making authority or providing funds for the application or action;

4.    Identification of known permits not required with the application;

5.    Identification of existing environmental documents that evaluate the proposal;

6.    The location where the application and any requested studies can be reviewed;

7.    For projects subject to the State Environmental Policy Act, notice may include the optional Determination of Nonsignificance process in WAC 197-11-355.

8.    A statement of the public comment period on the notice of application, where applicable, which may not be less than 14 nor more than 30 days;

9.    A statement of the rights of any person to comment on the application, receive notice of and participate in any hearings, request a copy of the decision, and any appeal rights;

10.    Name and phone number of the City staff contact person;

11.    Any other information the City deems appropriate.

C.    Notice of Application. The Director shall provide notice of application as follows:

1.    Notice by Mail. The Director shall send a notice of application electronically, or by first class or higher mail, to the following:

a.    The applicant;

b.    Affected City departments;

c.    State, federal, and local agencies with jurisdiction;

d.    For Type II, III, or site-specific Type IV applications, all property owners of real property (as shown by the records of the Thurston County Assessor’s Office) within 300 feet of the subject property. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, the Director shall provide notice to all owners of real property within a 300-foot radius of the total ownership interest;

e.    Parties of Record for the project; and

f.    For Type II, III, and site-specific Type IV applications, Recognized Neighborhood Associations (RNAs) within 1,000 feet of the subject property. For Type IV applications that are not site-specific, the Director shall provide notice to all RNAs.

2.    Posting Notice on the subject property. The applicant shall post notice at least at one location on or adjacent to the subject property where the notice is clearly visible and legible from an adjacent street or public area.

a.    The applicant shall maintain the notice sign until final decision and appeals periods have ended.

b.    The Director shall determine the specifications for notice boards and their installation.

c.    The applicant shall provide a record of the site posting to the department.

3.    Publishing Notice. When a published notice in the City’s official newspaper of general circulation within the City limits is required, the content must include the following:

a.    Project location;

b.    Project description;

c.    Type of permit(s) required;

d.    Comment period and dates;

e.    Location where the complete application may be viewed.

D.    Preliminary Plat Notice. When an applicant seeks preliminary plat approval for property adjacent to the right-of-way of a state highway, or within two miles of the boundary of a state or municipal airport, the Director shall notify (by electronic or regular mail) the Secretary of Transportation, who has 14 days from the date of notice to respond.

E.    Integration of Notices. The City shall combine a notice of application with notification of a SEPA threshold determination, or a scoping notice for a SEPA determination of significance, whenever possible. Nothing in this section prevents a determination of significance and scoping notice from being issued prior to the notice of application.

F.    Issuance of Decisions. The City will not issue a decision or a recommendation on a land use application until the expiration of the public comment period, except as provided in subsection D above.

G.    Comments. Comments from members of the public, City departments, or state or federal agencies should be as specific as possible. Comments must be received by the last day of the comment period specified in the notice of application; comments received after such date will not be considered. If no comments are received by the date specified in the notice from a member of the public, a City department, or a state or federal agency with jurisdiction, which was sent notification, then it is presumed that no member of the public, department, or agency has comments.

(Ord. 7364 §2, 2023).

When review procedures require a notice of hearing, the following apply:

A.    Notice Integration. The Director shall issue a written notice of hearing in advance of a public hearing. A notice of hearing may be integrated with the notice of application or a SEPA threshold determination.

B.    Notice Content. A written notice of hearing must contain the following information:

1.    The name of the applicant or designated contact;

2.    A description of the subject property;

3.    Project summary/description of each project permit application;

4.    The application/project file number;

5.    The date, time, and place of the hearing;

6.    A statement that all interested persons may appear and provide testimony;

7.    A description of where information may be examined or obtained and the staff contact and phone number; and

8.    A description of how written testimony or comments may be submitted.

If the notice of hearing is combined with SEPA threshold determination, the following information must also be included:

9.    The SEPA threshold determination along with any appropriate statement regarding any shared or divided lead agency status and phased review, and stating the end of any final comment period;

10.    The deadline (date, time, and place) for submitting a SEPA appeal;

11.    A statement regarding any administrative appeal process including SEPA appeal.

C.    Notification Procedures. The Director shall provide notice of hearing for a project permit application hearing in the following manner, as applicable:

1.    Electronic/mail. The Director shall send notice electronically or by first class mail or higher to the following:

a.    The applicant;

b.    All owners of real property (as shown by the records of the Thurston County Assessor’s Office) within 300 feet of the subject property. Where any portion of a property abutting the subject property is owned, controlled, or under the option of purchase by the applicant, the Director shall provide notice to all owners of real property within a 300-foot radius of the total ownership interest;

c.    All parties of record and all persons providing a written request to the Director.

2.    Posting of the Property. The applicant shall post notice at the subject property in the same manner and locations as the notice of application set forth in OMC 18.70.130.C(2).

3.    Publishing Notice. The Director shall publish the hearing notice in the City’s official newspaper of general circulation within the City limits. The content of the published notice must be the same as the notice of application set forth in OMC 18.70.130.C(2).

4.    Website. The Director shall publish the hearing notice on the City’s website.

D.    Notice Deadlines. The Director shall provide notice of hearing at least 10 days before the hearing date except:

1.    For a shoreline permit application pursuant to WAC 173-27-110(3) at least 15 days before the hearing date.

2.    For an integrated notice of hearing and notice of application, the Director shall provide such notice at least 15 days before the hearing date.

3.    For an integrated notice of hearing and notice of a SEPA threshold determination, the Director shall provide such notice at least 21 days before the hearing date.

E.    Continuation of Hearing. No additional notice of hearing is required for a continued hearing.

F.    Appeal Notification. The Director shall provide notice for a hearing on appeal in the following manner:

1.    Electronic/mail. The Director shall provide notice electronically, or by first class mail or higher to the following:

a.    The applicant

b.    The appellant (if other than the applicant);

c.    Parties of record;

d.    Affected state or federal agencies with jurisdiction; and

e.    Other persons whom the Director believes may be affected by the action.

G.    Additional Procedures. In addition to the procedures contained in this chapter, the Director may develop procedures for notification.

(Ord. 7364 §2, 2023).

A hearing on a project permit application may be combined with any other hearing on the project held by another local, state, regional, federal, or other agency pursuant to RCW 36.70B.110.

(Ord. 7364 §2, 2023).

A.    The Director shall provide a notice of decision on a Type II, III, and IV permit application. A notice of decision may be combined with another decision or permit.

B.    Notification. The Director shall provide a notice of decision in the following manner as applicable:

1.    Electronic/mail. The Director shall send a notice of decisions electronically or by first class mail or higher to the following:

a.    The applicant;

b.    Parties of record; and

c.    For Type IV decisions, the Thurston County Assessor’s Office.

C.    Notice Contents. The notice may include a copy of the report of decision on the project permit application; and must include, when available, the SEPA threshold determination, the permit decision, the conditions of approval or where such conditions may be viewed by the public, and the general procedures and time limits to file an appeal.

D.    Change of Valuation. The notice must state that affected property owners may request a change in valuation for property tax purposes notwithstanding any program of revaluation.

(Ord. 7364 §2, 2023).

A.    General.

1.    Those land use permit decisions that are subject to appeal become final unless an appeal is filed to the appeal authority shown in Table 18.70-2 in OMC 18.70.050, and in OMC 18.82.120. An appellant must file an appeal and must pay all appeal fees within the designated time to file an appeal; an appeal must be filed by 4:00 p.m. on the final day of the appeal period.

2.    The appellant bears the burden of proving the decision was not supported by substantial evidence or was contrary to law.

3.    An appeal of a decision on a Type I or Type II application must be filed within 14 days following the issuance of the notice of decision. For a land use permit decision issued concurrently with a SEPA determination of nonsignificance that required a public comment period, the land use permit decision appeal period is extended an additional seven days to coincide with the SEPA appeal period. The Department shall promptly forward a copy of such appeal to the Hearing Examiner.

4.    An appeal of a SEPA threshold determination is to the Hearing Examiner pursuant to Chapter 14.04 OMC and this section. Any allowed appeals of procedural or substantive determinations under SEPA must be consolidated with any appeal on the underlying governmental action in a single, simultaneous hearing before the Hearing Examiner consistent with chapter 36.70B RCW, WAC 197-11-680, this chapter and chapter 14.04 OMC. The following threshold decisions or actions are subject to timely appeal:

a.    Determination of Nonsignificance or Mitigated Determination of Nonsignificance. Conditions of approval and the lack of specific conditions may be appealed to the Hearing Examiner within seven calendar days after the SEPA comment period expires. Except: When the Determination is combined with a project decision where the appeal would be heard in conjunction with any appeal or hearing on the associated project;

b.    Environmental Impact Statement. A challenge to a determination of adequacy of a Final EIS may be heard by the Hearing Examiner in conjunction with any appeal or hearing regarding the associated project permit. Where no hearing is associated with the proposed action, an appeal of the determination of adequacy must be filed within 14 days after the 30 day comment period has expired.

5.    An appeal of a Type III or Type IV project permit final decision to Thurston County Superior Court must be filed pursuant to chapter 36.70C RCW. Appeals must be filed within 21 days following the issuance of the notice of decision.

6.    An appeal of a Type IV decision to the Environmental and Land Use Hearings Office must be filed in accordance with administrative rules adopted by the applicable hearings board within that Office.

7.    A final decision relating to the Olympia Shoreline Master Program may be appealed as follows:

a.    A decision on a Type II shoreline permit may be appealed to the Hearing Examiner pursuant to subsection (A)(3) of this section or may be appealed directly to the Shorelines Hearings Board pursuant to RCW 90.58.180.

b.    A decision on a Type III and IV permit may be appealed to the Shorelines Hearings Board by filing a petition for review within 21 days of the date of filing pursuant to RCW 90.58.140(6).

8.    Takings and Substantive Due Process Review and Modifications.

a.    The Hearing Examiner is hereby authorized to hear, by way of appeal or upon review of a project permit application, all assertions of project-specific taking of property for public use without just compensation or the denial of substantive due process of law (or both), and all challenges to imposition of conditions on a project of a similar nature such as any assertion that an open space dedication is not reasonably necessary as a direct result of a proposed development whether based on constitutional, statutory, or common law. Failure to raise a specific challenge to such condition or exaction constitutes a waiver of such issue and a failure to exhaust an administrative remedy.

b.    In deciding and resolving any such issue, the Examiner may consider all law applicable to the City. Should the Examiner determine that, but for a taking without just compensation or a violation of substantive due process, imposition of any such condition would be required by standard, regulation, or ordinance, the Hearing Examiner shall so state in the decision and so report to the Olympia City Council. In lieu of failing to impose such condition, the Hearing Examiner shall first provide the City with due opportunity to provide just compensation. The Hearing Examiner shall specify a time period in which the Council may elect to or not to provide just compensation. Upon notice of the election of the City Council not to provide such compensation, the Hearing Examiner shall, in accordance with OMC 18.82.220, issue a decision modifying to whatever degree necessary such condition to eliminate the taking or violation of substantive due process.

B.    Appellant. Only a party of record aggrieved by the decision, or a City Department, may appeal a Type I or II decision to the Hearing Examiner. Appeals of Type III and IV decisions may be filed according to the applicable governing statutes.

C.    Filing an Appeal. Administrative appeals are filed by submitting a form or electronic submittal as provided by the Director.

D.    Computation of Time. For purposes of computing the time for filing an appeal, the day the decision is issued is not included. The last day of the appeal period is included unless it is a Saturday, Sunday, a day designated by RCW 1.16.050, or by the City’s ordinances as a legal holiday; then it also is excluded, and the filing must be completed on the next business day. An appeal must be filed by 4:00 p.m. on the final day of the appeal period.

E.    Content of Appeal. An administrative appeal must be in writing and accompanied by the required appeal fee, and must contain at least the following information:

1.    Appellant’s name, address, and phone number, and email address;

2.    Appellant’s statement describing the Appellant’s standing, as a party of record, to appeal;

3.    Identification of the application that is the subject of the appeal;

4.    How the appellant is or is likely to be harmed or prejudiced by the decision appealed from;

5.    How or in what particular respect the administrative official erred;

6.    What relief or ruling is sought and how such ruling would eliminate or reduce harm to the appellant; and

7.    A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature.

F.    Dismissal. Failure to state specific grounds of the appeal and relief sought may result in dismissal of such appeal. For appeals to the Hearing Examiner, City staff or any party may request dismissal of an appeal at any time with notice to all parties. Upon finding that the appeal fails to state cause to reverse or modify the decision or that the Hearing Examiner lacks jurisdiction to grant relief, the Examiner may dismiss such appeal without hearing. The Hearing Examiner shall state in writing whether such dismissal is with or without prejudice.

G.    Effect. The timely filing of an administrative appeal stays the effective date of the decision until the appeal is either decided or withdrawn, unless otherwise provided in this code or in state or federal law.

H.    Notice of Appeal. The Director shall provide public notice of the appeal as provided in OMC 18.70.140(F), unless otherwise provided in this code or in state or federal law.

(Ord. 7364 §2, 2023).

A.    Conditional use approval. Certain uses, because of their unusual size, infrequent occurrence, special requirements, possible safety hazards, or detrimental effects on surrounding properties and other similar reasons, are classified as conditional uses. These uses may be allowed in certain districts by a Conditional Use Permit, as follows:

1.    Any conditional use permit application that is exempt from the State Environmental Policy Act is a Type II application pursuant to OMC 18.70.040. (See OMC 14.04.065 and WAC 197-11. Part Nine).

2.    Any conditional use permit application that is subject to the State Environmental Policy Act is a Type III application, except as granted in subsection 3 below.

3.    Expansion of Approved Conditional Uses. The Director may authorize, as a Type II application, requests for up to a 25 percent expansion, in any five-year period, of any approved conditional use’s gross floor area, height, parking, or occupancy (e.g., number of seats, classrooms, and students). The Director may also authorize alterations to the site design, including landscaping, fences, lighting, signs, and similar site features. The Director may authorize any such modifications only if the use remains consistent with the original conditions of approval and applicable regulations.

B.    Permit content and enforcement. Conditional Use Permits must state the location, nature, and extent of the conditional use, together with all conditions that were imposed, and any other information deemed necessary for the issuance of the permit. If, at any time, the Director finds that the conditional use no longer complies with the conditions specified in the permit, the owner is in violation of this Title and is subject to its penalties.

C.    Additional conditions. The Hearing Examiner or Director, as applicable, may impose additional conditions on a particular use if it is deemed necessary for the protection of the surrounding properties, the neighborhood, or the general welfare of the public. The conditions may:

1.    Increase requirements in the standards, criteria, or policies established by this Title;

2.    Stipulate an exact location as a means of minimizing hazards to life, limb, property, traffic, or of erosion and landslides;

3.    Require structural features or equipment essential to serve the same purpose set forth in item 2 above;

4.    Impose conditions similar to those set forth in items 2 and 3 above to assure that a proposed use will be equivalent to permitted uses in the same zone with respect to avoiding nuisance generating features in matters of noise, odors, air pollution, wastes, vibration, traffic, physical hazards, and similar matters;

5.    Ensure that the proposed use is compatible with respect to the particular use on the particular site and with other existing and potential uses in the neighborhood.

6.    Assure compliance with the Citywide Design Guidelines, Unified Development Code, chapter 18.20 OMC, as recommended by the Design Review Board.

D.    Compliance. Noncompliance with the conditions of the permit is grounds for rehearing before the Hearing Examiner. The Hearing Examiner may suspend or revoke a conditional use permit pursuant to this section or impose penalties (or both), for violation of any of the provisions of this title or original conditions of approval.

E.    Appeals. The action by the Hearing Examiner on an application for a Conditional Use Permit is final and conclusive unless appealed in the manner and within the time limits set forth in OMC 18.70.170.

F.    Transferability. A Conditional Use Permit is transferable, provided that the transferee complies with the conditions. If at any time the conditional use no longer complies with the conditions of the permit, the owner is in violation of this Title and is subject to its penalties, and the Hearing Examiner may suspend or revoke the permit.

(Ord. 7364 §2, 2023).

A.    Authority. The City Council may, upon its own motion, amend, supplement, or change by ordinance any of the provisions, use district boundaries, or use district classifications established in this Title; provided that:

1.    In the case of site-specific rezones which do not require a Comprehensive Plan Amendment, the Council shall first review the recommendation of the Hearing Examiner. Such cases are Type III applications pursuant to OMC 18.70.040.

2.    In the case of all other non-ministerial changes, including text amendments and privately initiated rezones which require a Comprehensive Plan Amendment, the Council shall first review the recommendation of the Planning Commission. Such cases are considered Type IV applications pursuant to OMC 18.70.040.

B.    Collection of rezone applications. Site-specific rezone applications may be submitted at any time. However, for review purposes, such proposals will be collected into two sets in each calendar year. Unless otherwise specifically authorized by the City Council:

1.    Proposals submitted between April 1st and September 30th are considered collectively and voted upon by the City Council by March 31st of the following year.

2.    Proposals submitted between October 1st and March 31st are considered collectively and voted upon by the City Council by September 30th of the same year.

3.    Proposals will be considered no more than twice each year.

C.    Decision criteria for rezone requests. The following criteria are used to evaluate each rezone request. A zoning map amendment may only be approved if the Council concludes that at minimum the proposal complies with subsections (A) through (C) of this section. To be considered are whether:

1.    The rezone is consistent with either the Comprehensive Plan, including the Plan’s Future Land Use map as described in OMC 18.59.055, or with a concurrently approved amendment to the Plan.

2.    The rezone maintains the public health, safety, or welfare.

3.    The rezone is consistent with other development regulations that implement the comprehensive plan.

4.    The rezone results in a district that is compatible with adjoining zoning districts; this may include providing a transition zone between potentially incompatible designations.

5.    Public facilities and services existing and planned for the area are adequate and likely to be available to serve potential development allowed by the proposed zone.

(Ord. 7364 §2, 2023).

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this title shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this title. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 7028 §6, 2016; Ord. 6173 §2, 2002; Ord. 6081 §65, 2001; Ord. 5904 §1, 1999; Ord. 5536 §1, 1995).

A.    The Shoreline Management Act imposes significant penalties for violation of the Act, regulations and master programs. A violation constitutes a gross misdemeanor, which is punishable by fine or imprisonment (RCW 90.58.220). In addition to the criminal penalty, the Act imposes liability on any person violating the Act or conditions of a permit for all damage to public or private property arising from the violation. Furthermore, the violator may have to restore an area affected by a violation, and pay the entire cost of restoration, including attorney's fees and court costs (RCW 90.58.230).

B.    Enforcement action may be taken by the City or Department of Ecology whenever a person has violated any provision of the Shoreline Management Act or Olympia’s Shoreline Master Program or other regulation promulgated under the Act. The choice of enforcement action and the severity of any penalty should be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the existence or degree of bad faith of the person subject to the enforcement action.

(Ord. 7028 §6, 2016).

There is hereby established a Design Review Board (the Board) to promote those qualities in the natural environment which bring value to the community; foster the attractiveness and functional utility of the community as a place to live and work; preserve the special character and quality of Olympia by maintaining the integrity of those areas which have a discernible character or are of special historic significance; raise the level of community expectations for the quality of the built environment; encourage originality and creativity in site planning and architecture; communicate these purposes to applicants and assist applicants in achieving these purposes; preserve and enhance property value; ensure that new developments maintain or improve neighborhood character and livability; and consider applicants’ needs and goals and the broader public impact of any proposal.

(Ord. 7244 §11, 2020; Ord. 6526 §9, 2008)

Design Review Board Created - Composition. The Board shall consist of nine (9) members, as follows: two (2) should be architects, seven (7) shall be citizens-at-large.

(Ord. 7244 §11, 2020; Ord. 6956 §7, 2015; Ord. 6863 §1, 2013; Ord. 6526 §9, 2008; 5517 §1, 1995).

The Board may recommend approval, approval with conditions, or denial of any application which comes before it. The Board shall provide its recommendation to the Director, the Hearing Examiner, or to the City Council for Master Planned Development applications. All recommendations shall be issued in writing stating the reasons for the recommendation. The recommendations of the Board shall be made by a majority vote of the quorum present at the time of the decision. A majority of the members shall constitute a quorum for the transaction of business; provided, that at least three (3) shall be required to constitute a quorum excluding any disqualifications. Action may be taken by a majority of those present when those present constitute a quorum at any regular or special meeting of the Board. Any number less than a quorum shall be authorized to convene a meeting at the time set for the purposes of adjournment, recess or continuation of a regular or special meeting to a date and time certain.

(Ord. 7244 §11, 2020; Ord. 6967 §41, 2015; Ord. 6526 §9, 2008; Ord. 5570 §34, 1995; Ord. 5539 §16, 1995; Ord. 5517 §1, 1995).

A.    A Joint Review Committee comprised of five (5) members from the Design Review Board and five (5) members of the Heritage Commission shall act as the Design Review Board for all structures within the design review areas which are listed on the Washington Heritage Register, the National Register of Historic Places or the Olympia Heritage Register.

B.    Members will be appointed to the Joint Review Committee from the Design Review Board and Heritage Commission for a term of one (1) year by the chairs of each body. Members may be reappointed for subsequent one (1) year terms.

C.    The provisions, standards and criteria of OMC 18.12, 18.105.020, 18.105.030 shall apply to any project considered by the Joint Review Committee provided that when a structure listed on a historic register is reviewed, the provisions of Section 18.12.090 of the Olympia Municipal Code shall also apply.

(Ord. 7244 §11, 2020; Ord. 6886 §28, 2013; Ord. 6526 §9, 2008; Ord. 6491 §10, 2007; Ord. 5517 §1, 1995).

The Department shall be responsible for the administration of this chapter and for providing staff to the Design Review Board and Joint Review Committee. All projects which require design review action shall be coordinated with other affected City departments through the Director as established in OMC 18.70.040.

(Ord. 7244 §11, 2020; Ord. 6967 §42, 2015; Ord. 5570 §34, 1995; Ord. 5517 §1, 1995).

The purpose of this Chapter is to:

A.    Separate the land use regulatory function from the land use planning process.

B.    Ensure procedural due process and appearance of fairness in land use regulatory hearings and decisions.

C.    Provide an efficient and effective land use regulatory system which integrates the public hearing and decision-making processes for land use matters.

D.    Provide for consistency and predictability in land use decision making and the application of policies and regulations adopted by the City.

E.    Establish clear and understandable rules governing the land use decision-making process.

(Ord. 7364 §37, 2023; Ord. 5517 §1, 1995).

A.    The City Council shall select the Hearing Examiner. At least once every four years, the City Council will conduct a selection process for the Olympia Hearing Examiner. The selection process will be conducted as deemed appropriate by the City Council.

B.    The Hearing Examiner may be retained on a professional service contract for a term and on conditions determined appropriate by the Council. The Hearing Examiner contract may provide that the Examiner may retain the services of officials to hold hearings as are needed to render aid and advice regarding technical or specialized issues that may be presented to the Examiner. Said contract may also provide for Hearing Examiner(s) pro tem to serve in the absence of the Hearing Examiner on such terms and conditions deemed appropriate by the Council.

(Ord. 7364 §37, 2023; Ord. 7322 §1, 2022; Ord. 7187 §3, 2019; Ord. 5570 §36, 1995; Ord. 5517 §1, 1995).

Hearing Examiners are appointed solely with regard to their qualifications for the duties of their office and will have such training and experience as will qualify them to conduct administrative or quasi-judicial hearings on regulatory enactments and to discharge the other functions conferred upon them. Hearing Examiners may hold no other elective or appointive office or position with the City of Olympia. A Hearing Examiner may be removed from office for cause by majority vote of the Council as recommended by the Joint Committee.

(Ord. 7364 §37, 2023; Ord. 5517 §1, 1995).

A.    No City official, elective or appointive, may attempt to influence the Hearing Examiner in any matter officially before the Hearing Examiner so as to constitute misconduct of a public office under RCW 42.20 or a violation of the Appearance of Fairness Doctrine. No member of the Council may participate in any proceeding on appeal from a Hearing Examiner’s decision if to do so would constitute a conflict of interest or violation of the Appearance of Fairness Doctrine.

B.    The Hearing Examiner shall conduct all proceedings in a manner to avoid conflicts of interest or other misconduct and to avoid violations of the Appearance of Fairness Doctrine. If such conflicts or violations cannot be avoided in a particular case, the Hearing Examiner shall assign a Hearing Examiner pro tem to act in the Hearing Examiner’s absence.

(Ord. 7364 §37, 2023; Ord. 7187 §3, 2019; Ord. 5517 §1, 1995).

A.    The Office of the Hearing Examiner is under the administrative supervision of the Hearing Examiner and is separate from the Department.

B.    The Hearing Examiner may adopt rules for the scheduling and conduct of hearings and other procedural matters related to the duties of the Hearing Examiner’s office. Such rules may provide for cross examination of witnesses. Further, such rules must provide for recording of the proceedings and for compliance with the State, Federal, and City laws which may govern such a proceeding.

C.    In rendering a decision, the Examiner is hereby authorized to take judicial notice of all duly-adopted rules, ordinances, standards, plans, regulations, and policies of the City of Olympia and other public agencies.

(Ord. 7364 §37, 2023; Ord. 7187 §3, 2019; Ord. 5570 §36, 1995; Ord. 5517 §1, 1995).

The following cases are within the jurisdiction of the Hearing Examiner under the terms and procedures of this Chapter.

A.    Short plat modification, variance requests or appeals.

B.    Shoreline development permits and permit rescissions.

C.    Shoreline development variances.

D.    Preliminary plat applications.

E.    Preliminary plat approval extension requests.

F.    Rezone and Master Planned Development applications.

G.    Preliminary plat modification requests.

H.    Planned residential developments.

I.    Conditional use permits.

J.    Zoning variances.

K.    Appeals of zoning interpretations.

L.    Administrative appeals.

M.    Appeals of the requirements of the Engineering Design and Development Standards, including deviation request decisions made under Chapter 1 of such Standards.

N.    Applications for density bonuses.

O.    Removal of density bonus conditions.

P.    Critical area reasonable use exception.

Q.    Site plan and home occupation application referred by staff.

R.    Preliminary short plat or binding site plan applications referred by staff.

S.    Concept design review.

T.    Detailed design review.

U.    Building and grading permits.

V.    Engineering and other construction permits.

W.    Permits and other matters associated with and consolidated with applications for the above project approvals.

X.    Appeals of Community Planning and Development Director’s denial or cancellation of a multi-family housing final certificate of tax exemption.

Y.    Subdivision improvement deferral agreement.

Z.    County homeless encampments.

AA.    Appeals of Drainage Manual Administrator decisions.

BB.    Development Agreements associated with a pending development permit application requiring Hearing Examiner review.

(Ord. 7364 §37, 2023; Ord. 7342 §3, 2022; Ord. 7110 §10, 2017; Ord. 6771 §2, 2011; Ord. 5718 §3, 1997; Ord. 5713 §2, 1997; Ord. 5570 §36, 1995; Ord. 5539 §19, 1995; Ord. 5517 §1, 1995).

Applications for permits or approvals within the City of Olympia must be presented to the Department. The Department shall accept such applications only if applicable filing requirements are met. The Department, in coordination with the Hearing Examiner, is responsible for assigning a date for and assuring due notice of public hearing for each application, which date and notice must be in accordance with OMC 18.70.140, Notice of Hearing.

(Ord. 7364 §37, 2023; Ord. 5517 §1, 1995).

A.    If any of the permits or approvals require or include a rezone or Master Planned Development, then the decision of the Hearing Examiner as to all such permits or approvals constitutes a recommendation to the City Council; otherwise, the decision of the Hearing Examiner is final, subject to appeal to the Council pursuant to OMC 18.70.170.

B.    The Department may prescribe a reduced fee schedule for master applications reflecting cost savings realized through unified processing of more than one permit.

(Ord. 7364 §37, 2023; Ord. 6140 §37, 2001; Ord. 5539 §20, 1995; Ord. 5517 §1, 1995).

The Department shall coordinate and assemble the reviews of other City departments and governmental agencies having an interest in the subject application and shall prepare a report summarizing the factors involved and the Department’s findings and recommendations. At least seven calendar days prior to the scheduled hearing the Department shall file the report with the Hearing Examiner and shall mail copies of the report to the applicant and make copies available for public inspection.

(Ord. 7364 §37, 2023; Ord. 5517 §1, 1995).

A.    Prior to rendering a decision or recommendation on any application, the Hearing Examiner shall hold at least one public hearing thereon, except as otherwise provided for in this code. The Hearing Examiner shall give notice of the time and place of the public hearing as provided in OMC 18.70.140. If none is specifically set forth, such notice must be given at least ten days prior to such hearing per OMC 18.70.140. Such hearing may be held jointly with that of any other state or local agency so long as such joint hearing is not prohibited by statute, sufficient notice is given, and the necessary information to hold the hearing has been received.

(See RCW 36.70.110.)

B.    For building or fire code appeals, the Hearing Examiner is authorized to appoint an official, an individual with appropriate professional experience and technical expertise, to hear such appeals and to prepare findings and conclusions for issuance by the Hearing Examiner.

(Ord. 7364 §37, 2023; Ord. 6886 §32, 2013; Ord. 5570 §36, 1995; Ord. 5517 §1, 1995).

After written notice of the public hearing date has been mailed to interested parties, such hearing may not be postponed except for good cause and only with the consent of the Hearing Examiner. Any request for such postponement must be for a specific period and be submitted in writing to the Department and duly forwarded with the Director’s recommendation to the Examiner for consideration. If good cause is presented, the Examiner shall postpone such hearing to a date certain and shall order that all costs of new notice of such hearing be paid to the City by the party requesting that the hearing be postponed.

(Ord. 7364 §37, 2023; Ord. 5570 §36, 1995).

A.    Within 14 days of the conclusion of a hearing, unless a longer period is agreed to in writing by the applicant, the Hearing Examiner shall render a written decision which must include at least the following:

1.    Findings based upon the record and conclusions therefrom which support the decision. Such findings and conclusions must address any and all specific issues raised by the staff, the applicant, or any party of record. Such findings and conclusions may also set forth the manner by which the decision would carry out and conform to the City’s or County’s Comprehensive Plan, other official policies and objectives, ordinances, land use regulatory enactments and, in the case of preliminary plats, in conformance to chapter 17.04 OMC. In lieu of original findings and conclusions regarding uncontested matters, the Examiner may adopt findings and conclusions recommended by the staff, the applicant, or any party of record.

2.    A decision on the application, which may be to approve, deny, or approve with such conditions, modifications and restrictions as the Hearing Examiner finds necessary to make the application compatible with its environment, the Comprehensive Plan, other official policies, objectives, and land use regulatory enactments.

3.    A statement that the decision is final.

B.    The decision of the Hearing Examiner is limited to those issues timely raised on appeal. The Hearing Examiner may not reconsider or modify aspects of a project previously considered and settled by another final decision of the City. In exercising the powers granted herein, the Hearing Examiner may, in conformity with this title, reverse or affirm, wholly or in part, or may modify the order, requirements, decision or determination appealed, and may make such order, requirement, decision or determination as should be made, and, to that end, has all the powers of the officer from whom the appeal is being taken, insofar as the decision on the particular issue is concerned, and in making a determination the Hearing Examiner may hear any pertinent testimony and receive and consider any other evidence bearing on the case.

C.    The City Manager, on behalf of the City, is authorized to appeal or seek review of a decision of the Hearing Examiner in Superior Court pursuant to the provisions of chapter 36.70C RCW and any other applicable legal authority.

(Ord. 7364 §37, 2023; Ord. 6514 §8, 2007; Ord. 5570 §36, 1995; Ord. 5539 §21, 1995; Ord. 5517 §1, 1995).

Decisions of the hearing examiner may be reconsidered. Further, prior to issuing a decision, the Examiner may reconvene any hearing or continue any other proceeding in such manner as the Examiner deems appropriate to ensure a fair, timely, and reasoned decision.

A.    After issuance of a final decision any party, including the Department of Community Planning and Development, may file a motion for reconsideration on an appeal to the Hearing Examiner in accordance with subsection (B) of this section. The moving party shall file such motion within 10 days of service of the final decision. The moving party shall file the original of the motion for reconsideration at the Community Planning and Development Permit Center and shall transmit a copy to the Olympia City Attorney’s Office. At the same time, the moving party shall serve copies of the motion on all parties of record. Within five days of filing the motion for reconsideration, a party with standing may file an answer to the motion for reconsideration without direction or request from the Hearing Examiner. The Hearing Examiner may require other parties to supply an answer. The party filing an answer to a motion for reconsideration shall serve such answer on all other parties of record.

B.    A motion for reconsideration must be based on at least one of the following grounds:

1.    Errors of procedure or misinterpretation of fact or law, material to the party seeking reconsideration;

2.    Irregularity in the hearing before the Hearing Examiner by which such party was prevented from having a fair hearing; or

3.    Clerical mistakes in the final decision and order.

C.    In response to a motion for reconsideration, the Hearing Examiner may deny the motion, modify the decision, or reopen the hearing. A motion is deemed denied unless the Hearing Examiner takes action within 20 days of the filing of the motion for reconsideration. A Hearing Examiner order on a motion for reconsideration is not subject to a motion for reconsideration.

D.    A decision in response to the petition for reconsideration constitutes a final decision and order for purposes of judicial review. The Hearing Examiner shall serve copies of the final decision and order on each party or the party’s attorney or other authorized representative of record, unless the decision is deemed denied following the 20-day time frame set forth in Subsection C of this Section.

E.    The time for an appeal to court does not commence until disposition of the motion for reconsideration. If the Hearing Examiner takes no action under subsection (C) of this section, the motion for reconsideration is deemed disposed at the end of the 20-day period. The filing of a motion for reconsideration is not a prerequisite for seeking judicial review.

(Ord. 7364 §37, 2023).

A.    Any interested party believing that a decision of the Hearing Examiner is ambiguous, vague, or internally inconsistent may request clarification of the decision by the Examiner. A party requesting clarification shall submit the request to the Department with the applicable fee and shall set forth the specific provision requiring additional clarity. The Department shall forward such request to the Examiner. Upon receipt of such a request, the Hearing Examiner may take action as the Examiner deems appropriate to the circumstances.

B.    A request for clarification does not provide an opportunity for reconsideration of a decision nor for introduction of new evidence. Except as ordered by the Examiner, the filing of a request for clarification does not toll any appeal period or delay issuance of any permit.

C.    When the Examiner determines that a clarification is in order, the Examiner may issue a supplemental or clarified decision. As deemed appropriate by the Examiner, the Examiner may order that the supplemental or clarified decision be subject to appropriate notice and an opportunity for appeal.

(Ord. 7364 §37, 2023).

In reviewing a decision including a recommendation of the Design Review Board, the Examiner shall give substantial weight to the recommendation of the Board. With regard to decisions of City staff, the Examiner shall accord due deference to the expertise and experience of the staff rendering such decision. The Examiner may only grant the relief requested by an appellant upon finding that the appellant has established that:

1.    the staff engaged in unlawful procedures or failed to follow a prescribed procedure;

2.    the staff’s decision was an erroneous interpretation of the law;

3.    the decision is not supported by substantial evidence within the context of the whole record;

4.    the decision is a clearly erroneous application of the law to the facts;

5.    the decision is outside the authority or jurisdiction of the decision-maker;

6.    the decision violates the constitutional rights of the party seeking relief, or

7.    the decision is clearly in conflict with the City’s adopted plans, policies or ordinances.

(Ord. 7364 §37, 2023).

The Hearing Examiner shall make any decision regarding a rezone, a Master Plan Development, or a development agreement associated with a pending development permit application requiring Hearing Examiner review, with or without conditions, in the form of a recommendation to the City Council. The City Council shall consider such recommendation at a regular public meeting. In the alternative, the Council may consider the recommendation at a public hearing with notice given as provided by this Chapter. In either case, the scope of Council review is as provided in Chapter 18.53 OMC and OMC 18.70.050 or 18.70.190. The evidence, record, and arguments before the Council are limited solely to those brought before the Hearing Examiner. A copy of documents will be provided to the Council by paper or electronically. A copy of arguments will be presented to the Council or provided electronically. No new evidence, record, or arguments of any type are allowed before Council. The staff report, recordings if any, and attachments, including those on the internet, to Council will solely provide the evidence, record, and argument that were presented to the City Hearing Examiner on the proposed rezone that does not require a Comprehensive Plan amendment.

(Ord. 7364 §37, 2023; Ord. 7342 §4, 2022; Ord. 7013 §5, 2016; Ord. 6140 §38, 2001; Ord. 5570 §36, 1995; Ord. 5539 §22, 1995; Ord. 5517 §1, 1995).

The purpose of this chapter is to:

A.    Promote improved communications between neighborhood associations and City government by providing a standardized recognition policy for Olympia neighborhood associations;

B.    Provide a method of notification to neighborhood associations of major land use proposals and plans that may impact their neighborhoods;

C.    Encourage widened public participation in city land use decisions through support and recognition of neighborhood associations;

D.    Provide assistance to organize, educate and encourage the incorporation of neighborhood associations in all areas of the city;

E.    Establish city responsibility for implementation of this chapter;

F.    A purpose of this chapter is to meet the needs specified in this section, while not limiting the rights of any other person, including non-recognized neighborhood groups, to input directly into the City’s decision-making processes;

G.    Promote resolution of conflicts between neighborhood associations and proponents of development projects in early stages of review to encourage understanding and avoid misunderstanding and costly delays.

(Ord. 5517 §1, 1995).

A neighborhood association shall be designated a recognized neighborhood association by the City when and so long as all the following criteria are found to be met.

A.    The neighborhood association shall file with the City a current copy of their bylaws and articles of incorporation. If the neighborhood association does not allow membership to lessees or renters, the association shall file an explanation why such persons are not included and if they are to be included in the future. The bylaws shall include the following provisions.

1.    The geographic boundaries of the neighborhood association, which shall be substantially within the City or its urban growth area.

2.    The neighborhood association shall make full membership open to all persons residing within its boundaries and to all persons and legal entities owning property or having a place of business within its boundaries. Provided, that in the downtown, as defined in the Comprehensive Plan, an association additionally may, at the option of its members, be comprised solely of persons residing within its boundaries.

3.    The neighborhood association shall hold at least one (1) meeting per year for which it gives written notice to every household, place of business and property owner within the association’s boundaries. Mail, delivered handbills, or a number of prominent signs are examples of adequate notice. No election shall be held at a meeting of an association unless the meeting is so advertised.

4.    The neighborhood association shall establish a democratic decision-making process. Examples may include a vote or poll by the association board or by all eligible participants. No provision of this subsection shall apply to bylaws of a property owners association if it is in conflict therewith.

B.    Officers of recognized neighborhood associations shall annually submit a letter to the City attesting to the number of dues-paying members their records indicate for the previous year. If a neighborhood association has no dues-paying members, or if dues-paying membership does not adequately reflect an association’s size, its officers shall annually submit other evidence of the size of its active membership. If the neighborhood association does not allow membership to lessees or renters, the association shall file an explanation of why such persons are not included and if they are to be included in the future.

C.    The City Manager’s office shall be furnished with names, addresses and available phone numbers of current neighborhood association officers and/or board members.

D.    Failure to comply with any of the preceding criteria shall result in notification of noncompliance being sent to the recognized neighborhood association officers and/or board members from the City. Upon receipt of this notice, a recognized neighborhood association must offer evidence of compliance within sixty (60) days. If it does not comply, the association shall be removed from the list of recognized neighborhood associations.

(Ord. 5570 §38, 1995; Ord. 5517 §1, 1995).

Recognized neighborhood associations shall:

A.    Provide adequate notice to all members and other eligible participants in their neighborhood of all general membership meetings and the issues to be discussed. Examples of adequate notice include mailings, delivered handbills, or a number of prominent signs.

B.    Establish an orderly and democratic means for making representative decisions.

C.    Establish and follow a clear method for reporting to the City actions which accurately reflect the neighborhood’s position. When a neighborhood association presents its official position on an issue to the City, it shall be prepared to identify whether the decision, was reached by the board, a poll of the general membership, or by a vote at a general membership meeting, and the vote for and against the position.

D.    Transmit to the City Manager a copy of the minutes from each annual meeting within sixty (60) days.

E.    Comply with its bylaw provisions as specified in Section 18.86.060.

F.    Notify the City Manager of general membership meetings at least five (5) working days in advance.

G.    Notify the City Manager in writing of two (2) addresses where it wishes notice to be sent pursuant to this chapter; such designation shall be furnished by the neighborhood association at least annually, or when appropriate.

(Ord. 6886 §29, 2013; Ord. 5517 §1, 1995).

A.    The City shall provide a list of recognized neighborhood associations and their contacts to the proponents of a project at each pre-submission conference. The City shall encourage the project proponents of development to discuss their project with the recognized neighborhood associations.

B.    The City shall provide notice of application to recognized neighborhood associations that any Type II, III, or IV applications, proposals, or determinations, as specified in Table OMC 18.70-3 are complete. Notice must be provided in accordance with OMC 18.70.130.

C.    Upon request the City shall provide information regarding the above actions at no charge to the two registered neighborhood association contacts. Requests for additional copies or duplicates of information already received may be charged at cost. Extraordinary requests which require substantial staff time, production cost and mailing fees will be charged to the neighborhood association when permitted by law. Payment is due upon receipt of materials.

D.    The City shall give directly affected recognized neighborhood associations notice by mail of pending major development and redevelopment projects by the City which will have a direct, significant impact on that neighborhood; such as street construction and major repair, total closing of streets, changes in size or type in City parks, or building of new City facilities. The City shall provide notice by mail or e-mail of any home occupation business licenses issued within the boundaries of a neighborhood association.

E.    For the purpose of A, B, C, and D of this section, first class letters mailed to two contact addresses submitted by a neighborhood association constitute notification. Alternatively, if an e-mail contact address is provided, notice may be provided by electronic mail.

F.    The City shall:

1.    Inform all known neighborhood associations and inquiring parties of the requirements for recognition and advise such groups on how to meet the requirements.

2.    Review its files on neighborhood associations to verify if each association has met the requirements for recognition with current information.

3.    At least annually notify each known neighborhood association of its current recognition status.

4.    Work with recognized neighborhood associations to develop an understanding of the processes for neighborhood review and comment on applications and actions pursuant to this Chapter.

5.    Supply annually to all recognized neighborhood associations a current list of all City government agencies, their department heads, and corresponding phone numbers.

6.    Make available to the public the names and addresses of the two designated recipients of notices as most recently specified by each recognized neighborhood association.

7.    Review this chapter two years after adoption to determine if modifications are needed to meet the purpose of the chapter.

G.    The City Manager shall develop a program to support the establishment of neighborhood associations and their active participation in City decision processes. The details of this program are subject to available resources, and may include:

1.    Through its publications and in response to inquiries, encourage individuals to participate with their existing neighborhood association.

2.    Encourage the development of neighborhood associations where they do not exist.

3.    Provide an opportunity, under City editorial control, to increase communications between neighborhood associations and the general public by publishing neighborhood related articles in the City’s quarterly newsletter.

4.    Provide an annual neighborhood association workshop on appropriate topics concerning City procedures and actions as well as the effective operation of neighborhood associations. A neighborhood handbook with information on the program and City resources will be made available.

5.    Advise recognized neighborhood associations of self-help projects which could enhance the quality of life within their neighborhoods. For example, the City may pass along information from organizations such as Neighborhoods USA. It will continue to work cooperatively with neighborhoods on spring clean-up drives, recycling programs, and other appropriate ventures.

6.    The City and neighborhood associations shall hold alternating quarterly forums to discuss items of interest. The City is responsible for hosting two meetings a year and shall develop agenda topics. The neighborhood associations are responsible for hosting the remaining two meetings and shall develop agenda topics. The City Manager’s Office shall coordinate these forums.

H.    With the advice and consent of the Council, the City may establish practices, rules, and guidelines necessary to implement this chapter.

(Ord. 7364 §38, 2023; Ord. 7342 §5, 2022; Ord. 6242 §2, 2002; Ord. 5570 §38, 1995; Ord 5539 §25, 1995; Ord. 5517 §1, 1995).

A.    Required Instruments. Final approval for site plans or subdivision plats which involve the transfer of development rights shall not be approved until evidence is provided to the City that the following instruments have been approved by the Thurston County TDR Program Administrator and recorded with the Thurston County Auditor:

1.    Signed and Recorded Transferable Development Rights Certificates for each unit of density on the receiving parcel(s) in the Residential 4-8 District; and

2.    A signed and recorded Document of Attachment of the development rights to the subject parcel(s).

B.    The following information shall be recorded on the face of any plat for property which received a transfer of development rights under the provision of this Chapter: A statement that the development rights used in the plat have been transferred in accordance with the Deed of Transfer of Development Rights, prescribed by Thurston County; the volume and page number of the recordation of the Deed of Transfer of Development Rights between the owner and the applicant; the volume and page number of the recordation of the Transfer of Development Rights Easement between the original owner and Thurston County; the serial numbers issued by the Thurston County TDR Program Administrator of the TDRs used in the plat; and the volume and page number of the recorded Document of Attachment of the TDRs to the subject parcel. [See Section 18.04.080(A)(6).]

(Ord. 5517 §1, 1995).

The City Council finds that new development can have a substantial impact on the character of the area in which it is located. Some harmful effects of one land use upon another can be prevented through zoning, subdivision regulations and building codes. Other aspects of development are more subtle and less amenable to exacting rules promulgated without regard to specific development proposals. Among these are: the general form of the land before and after development, the spatial relationships of the structures and open spaces on adjacent land uses, and the appearance of buildings, signs and open spaces. Such matters require the timely exercise of judgment in the public interest by people qualified to evaluate the design of a new development.

(Ord. 7244 §12, 2020; Ord. 7032 §8 (Exh. G), 2016; Ord. 6306 §2, 2004).

The purposes of design review are:

A.    To promote those qualities in the natural environment which bring value to the community;

B.    To foster the attractiveness and functional utility of the community as a place to live and work;

C.    To preserve the special character and quality of Olympia by maintaining the integrity of those areas which have a discernible character or are of special historic significance;

D.    To raise the level of community expectations for the quality of the built environment;

E.    To encourage originality and creativity in site planning and architecture;

F.    To communicate these purposes to the applicant and to assist the applicant in achieving these purposes;

G.    To preserve and enhance property value;

H.    To ensure that new developments maintain or improve neighborhood character and livability; and

I.    To consider the applicants’ needs and goals and the broader public impact of any proposal.

(Ord. 7244 §12, 2020; Ord. 7032 §8 (Exh. G), 2016; Ord. 6306 §2, 2004).

A.    The following projects are subject to design review:

1.    Projects within designated design review districts and corridors, as shown on the Official Design Review Map (See OMC 18.100.080);

2.    Commercial projects adjacent to residential zones;

3.    Commercial or residential projects for Heritage Register properties or those within an historic district;

4.    Projects with a building area greater than 5,000 square feet that require a Conditional Use Permit in a residential zone;

5.    Multifamily projects;

6.    Single family housing, including designated manufactured homes, on lots less than 5,000 square feet or on substandard lots;

7.    Dwellings proposed on lots within the area depicted on Figure 4-2a, "Areas Subject to Infill Regulations";

8.    Master Planned Developments;

9.    Manufactured housing parks;

10.    Duplexes, triplexes, fourplexes, courtyard apartments, single room occupancies, townhouses, accessory dwelling units, and cottage housing;

11.    All projects within scenic vistas as identified on the official maps of the City (See OMC 18.100.110); and,

12.    For the purpose of design review, projects within one of the Downtown Design Sub-Districts will be reviewed for consistency with the criteria in chapter 18.120 OMC only.

B.    Exceptions: Evergreen Park PUD; interior work; and projects which do not affect the character, use, or development of the surrounding properties, or the architectural character of the structure, such as fences, parking lots with less than twenty (20) spaces or minor repair or renovation of, or minor additions to, existing structures.

(Ord. 7400 §21, 2024; Ord. 7321 §14, 2022; Ord. 7244 §12, 2020; Ord. 7032 §8 (Exh. G), 2016; Ord. 6581 §7, 2008; Ord. 6491 §11, 2007; Ord. 6306 §2, 2004).

The following districts and corridors are hereby established as Design Review Districts and Corridors: Downtown, Port Peninsula, High Density Corridor 1, 2, 3, and 4 (HDC), High Density Corridor-4 Capital Mall Area, Freeway Corridor, West Bay Drive, Residential Scale, Auto Oriented, and Infill Districts. Said districts and corridors are defined on the "Official Design Review Districts and Corridors Map," on file with the City Clerk and generally described in the illustration below. In the event of a conflict between this illustration and the official map, the official map shall govern.

(Ord. 7244 §12, 2020; Ord. 7032 §8 (Exh. G), 2016; Ord. 6306 §2, 2004).

All projects subject to design review shall be reviewed either by the Design Review Board (DRB), the Joint Review Committee (JRC) or by staff as noted below. The DRB, JRC, or staff shall provide a recommendation to the review authority. The review authority shall give substantial weight to the recommendation of the DRB or JRC. (A project reviewed by the JRC shall not also be reviewed by the Heritage Review Committee.)

A.    Projects subject to review by the Design Review Board or Joint Design Review Committee, as described in OMC 18.76.180:

1.    Any proposed development project located within the following design districts:

a.    Downtown District; and,

b.    Residential Scale Design District.

2.    Any proposed building development over 5,000 square feet in gross floor area, located within the following design districts and corridors:

a.    High Density Corridors;

b.    West Bay Drive District;

c.    Auto Mall District;

d.    Port Peninsula District;

e.    Freeway Corridor; and,

f.    Design Review Corridors.

3.    Any multifamily building with five units or more, any townhouse building with five units or more, and any multifamily development with 20 units or more.

4.    All Master Planned Developments.

5.    Projects with a building area greater than 5,000 square feet that require a Conditional Use Permit in a residential zone.

B.    Projects subject to review by Staff:

1.    Single family dwellings on lots within the area depicted on Figure 4-2a in chapter 18.04 OMC.

2.    Minor additions or alterations to residential or commercial projects on a Heritage Register or within a Historic District.

3.    Any proposed development of 5,000 square feet or less in gross floor area, and signs in the following design districts and corridors:

a.    High Density Corridors;

b.    West Bay Drive District;

c.    Auto Mall District;

d.    Port Peninsula District;

e.    Freeway Corridor; and,

f.    Design Review Corridors.

4.    Duplexes, triplexes, or fourplexes and all apartment buildings with less than five units.

5.    Any other project subject to design review not described in OMC 18.100.090(A) above.

(Ord. 7400 §22, 2024; Ord. 7244 §12, 2020; Ord. 7032 §8 (Exh. G), 2016; Ord. 6491 §12, 2007; Ord. 6408 §37, 2006; Ord. 6306 §2, 2004).

A. Requirements and Guidelines. Each section of the design review chapters consists of a requirement and possibly several guidelines. Compliance with each requirement is necessary; the guidelines provide methods to achieve compliance with the requirement. Applicable guidelines must be incorporated into the project design except in cases where proposed design solutions are considered by the Board and/or staff to be equal to or better than the guidelines and meet the intent of the requirement. If the project does not conform to the design criteria, the Board and/or staff will indicate the requirements that have not been met.

B. Illustrations. Illustrations contained within specific criteria sections are intended to be in harmony with the text of the same section. In the event of conflict between text and an illustration, the text shall govern.

C. Design Review Criteria Chapters. Design criteria are separated into chapters, depending on whether the development is commercial or residential, and the location or type of that development, as outlined below.

18.105 Historic Structures and Buildings within the Historic Districts. This Chapter applies to structures listed on the Olympia Heritage Register, Washington Heritage Register, and the National Register of Historic Places, and all structures within a Historic District.

18.110 Basic Commercial Design Criteria. This chapter applies to all commercial projects throughout the City that require design review, in addition to the district-specific requirements found in the following chapters, as applicable. It also applies to projects with a building area greater than 5,000 square feet in gross floor area that require a Conditional Use Permit in a residential zone, to commercial projects adjacent to residential buildings, to commercial or residential projects. The design districts are shown on the Official Design Review Districts and Corridors.

18.120 Downtown Design Criteria. This chapter applies to all commercial, mixed use, and residential projects that require design review that are located in one of the Downtown Design Sub-Districts.

18.130 Commercial Design Criteria - High Density Corridors. This chapter applies to all projects that require design review that are located in the HDC districts.

18.135 Commercial Design Criteria - Residential Scale District. This chapter applies to all projects that require design review that are located in the Residential Scale District.

18.140 Commercial Design Criteria - Auto Oriented District. This chapter applies to all projects that require design review that are located in the Auto Oriented District.

18.145 Commercial Design Criteria - Freeway Corridor. This chapter applies to all projects that require design review that are located in the Freeway Corridor District.

18.150 Commercial Design Criteria - Port Peninsula. This chapter applies to all projects that require design review that are located in the Port Peninsula design review district. This chapter contains the only design criteria that apply to the Port Peninsula.

18.155 Commercial Design Criteria - West Bay Drive District. This chapter applies to all projects that require design review that are located in the West Bay Drive District.

18.170 Residential Design Criteria - Multifamily. Design criteria contained in this chapter (OMC 18.170.030 - 18.170.160) apply to all multifamily residential buildings with five or more units not specifically governed by chapter 18.175 OMC, and any multifamily development with 20 units or more throughout the City. Projects of this type and size are reviewed by the Design Review Board.

18.175 Residential Design Criteria - Infill and other residential.

OMC 18.175.020 through OMC 18.175.060 of this chapter apply to single-family dwellings, including designated manufactured housing, proposed on lots within the area depicted on Figure 4-2a in chapter 18.04 OMC, on lots less than 5000 square feet, or on substandard lots; duplexes, triplexes, fourplexes, townhouses and courtyard apartments in the R4, R4CB, RLI, R 4-8, and R 6-12 zoning districts; and single room occupancies in the R 6-12 zoning district. OMC 18.175.080 and OMC 18.175.090 apply to accessory dwelling units throughout the city, including manufactured home accessory dwelling units. OMC 18.175.100 applies to cottage development.

18.180 Residential Design Criteria - Manufactured home parks. This chapter applies only to manufactured home parks.

(Ord. 7400 §23, 2024; Ord. 7244 §12, 2020; Ord. 7032 §8 (Exh. G), 2016; Ord. 6581 §8, 2008; Ord. 6491 §13, 2007; Ord. 6306 §2, 2004).

A.    Conceptual Design Review. Applications for review of the Conceptual Design shall be filed with the Department as part of a land use review application on forms provided by the Department.

B.    Detailed Design Review. Applications for review of the Detailed Design shall be submitted to the Department prior to or at the same time as a building permit application on forms provided by the Department.

C.    Combined Conceptual & Detailed Design Review. For those projects which have had a presubmission conference, do not have any apparent environmental issues, (such as those listed in the Critical Areas Ordinance, Title 14.10, or transportation issues), and which do not require a public hearing, upon request by the applicant and with the concurrence of staff, the Design Review Board may conduct both Conceptual and Detailed Design Review of a project at the time of Land Use Review.

D.    Time Limitations. Except in cases where the applicant agrees to an extension of time, the Design Review Board shall have a public meeting on an application for a major project within thirty (30) days after an application is deemed complete pursuant to chapter 18.70 OMC.

(Ord. 7244 §12, 2020; Ord. 7032 §8 (Exh. G), 2016; Ord. 6306 §2, 2004).

Design criteria contained in this chapter apply to structures on the Olympia Heritage Register, Washington Heritage Register, and the National Register of Historic Places.

A.    REQUIREMENT: Protect and preserve buildings of special historic significance and merit in accordance with The Secretary of the Interior’s Standards for the Treatment of Historic Properties (as amended). Historic features are those which have been identified by the Heritage Commission on the Olympia Heritage Register, Washington Heritage Register, and the National Register of Historic Places.

B.    GUIDELINES:

1.    Restore or retain as many historic features as possible.

2.    Maintain or restore original proportions, dimensions and architectural elements.

3.    Select paint and material colors which are historically accurate, coordinate the entire facade, and do not conflict with adjacent buildings.

4.    Consult available historical resources, the Heritage Commission, or Community Planning and Development Department for assistance and detailed information.

(Ord. 6491 §14, 2007).

Design criteria contained in this chapter apply to new and existing structures within a Historic District.

A.    REQUIREMENT: Ensure that new or remodeled structures within a historic district will preserve the historic context and merit of the district.

B.    GUIDELINES:

1.    Use roof forms that emulate the historic property roof form.

2.    Use windows, materials, relief and details similar to the historic property.

3.    Use similar building articulation that breaks up the building mass into modules which reflect proportions similar to the historic building. Methods used to create intervals which reflect and promote compatibility and which respect the scale of the historic building include:

a.    Facade modulation - stepping back or extending forward a portion of the facade.

b.    Repeating the window patterns at intervals equal to the articulation interval.

c.    Providing a porch, patio, deck, or covered entry to the articulation interval.

d.    Providing a balcony or bay window for each interval.

e.    Changing the roofline by alternating dormers, stepped roofs, gables, or other roof elements to reinforce the modulation or articulation interval.

f.    Changing materials with the change in building plane.

g.    Providing a lighting fixture, trellis, tree or other landscape feature within each interval.

h.    Using paint and material colors that blend with the historic property.

i.    Using landscape materials and plantings that are similar to those used on the historic property.

(Ord. 6491 §14, 2007).

A.    Requirement: Buildings must abut at least fifty percent (50%) of the street frontage. Gaps in frontage between buildings on a single project may not exceed eighty (80) feet in length.

The Hearing Examiner may approve, pursuant to Conditional Use Permit Hearing Examiner Approval (OMC 18.70.180), the location of surface parking lots in the front and/or along the side of buildings when the building is located in a residential R4, R4-8 and R6-12 district and is over 5,000 square feet pursuant to 18.38.200(B)(2)(a-g) Parking Facility Location.

(Ord. 6858 §2, 2013; Ord. 6306 §3, 2004).

A.    REQUIREMENT: Provide driveway and sidewalk connections to and through the development to adjoining streets, bus stops, designated urban trails, and properties, where access exists or reasonable connections are possible. If a parking lot lies between the building entry and an adjacent public street, a pedestrian walkway at least six (6) feet wide shall be provided between them. In all other cases, on-site sidewalks shall have a passable width of at least four (4) feet. All crossings of vehicular travel lanes shall be clearly marked.

B.    GUIDELINES:

1.    Provide clear pedestrian circulation routes on site.

2.    Minimize curb cuts by sharing driveways and access from side streets whenever possible.

3.    On large sites where no public streets exist, create a grid street system within the project.

4.    Locate storm drainage ponds, swales, and other drainage system components so they do not unreasonably impede pedestrian access to or between buildings.

5.    Provide a direct and clear visual connection through the buildings to the front street if parking is located behind the buildings.

6.    Provide signs for pedestrians and vehicles within the site, if necessary.

7.    Provide walkways through parking bays and adjacent to landscape islands.

FIGURE 18.110.030

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Minimize the use of fences that inhibit pedestrian movement or separate the project from the neighborhood and adjoining streets. Front yards shall be visually open to the street. Where fencing is necessary, maintain a human scale along the street by providing pedestrian connections through use of gates or openings at frequent intervals.

B.    GUIDELINES:

1.    Provide variation in fencing through use of stepped fence heights or small setbacks.

2.    Add visual interest by providing variation in fence materials, texture, or colors.

3.    Provide landscape screening to break up long expanses of fencing.

4.    Repeat use of building facade material on fence columns and/or stringers.

5.    Provide lighting, canopies, trellises or other features to add visual interest.

FIGURE 18.110.040

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Provide pedestrian amenities in places where people typically gather, including but not limited to, transit stops, building entrances, or street corners. These spaces must include seating, landscaping, and at least two of the following:

1.    Patterned materials on walkways;

2.    Shelters;

3.    Trash receptacles;

4.    Drinking fountains;

5.    Pedestrian lighting, light bollards, or alley lighting;

6.    Fountains, sculptures, mobiles, kiosks, or banners;

7.    Street trees, flower boxes, or container landscaping in alleys;

8.    Street vendor stations where appropriate; or,

9.    Bike racks.

FIGURE 18.110.050

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: In order to protect the existing outstanding scenic views which significant numbers of the general public have from public rights-of-way, applicants for development must consider the impact their proposal will have on views of Mt. Rainier, the Olympic Mountains, Budd Inlet, the Black Hills, the Capitol Building, and Capitol Lake or its surrounding hillsides. All development must reserve a reasonable portion of such territorial and immediate views of these features for significant numbers of people from public rights-of-way, and shall provide lookouts, viewpoints, or view corridors so that visual access to existing outstanding scenic vistas is maintained.

Refer to the Scenic Vista overlay zoning maps available at the Community Planning and Development Department.

(Ord. 6306 §3, 2004).

A.    REQUIREMENTS:

1.    Place commercial buildings on the street edge and locate parking on the side or behind the building. Parking lots shall not be located on corners. Exceptions may be made:

a.    Where an alternative building location would provide as good or better pedestrian access.

b.    In the Auto Oriented Design District and in the HDC-4 Capital Mall area (see Section 18.130.060).

c.    When the Hearing Examiner approves the location of surface parking lots in the front and/or along the side of buildings, pursuant to Conditional Use Permit Hearing Examiner Approval (OMC 18.70.180) and Parking Facility Location (OMC 18.38.200(B)(2)(a-g)).

2.    Entrances to buildings shall be clearly articulated and obvious from the street.

3.    Commercial and public buildings over three (3) stories must have a clearly defined base at street level that is no more than two stories high.

(Ord. 6858 §3, 2013; Ord. 6306 §3, 2004).

A.    REQUIREMENT: Use design elements to maintain a human scale at the street. Projects requiring a conditional use permit in a residential zone must incorporate elements that relate to existing buildings in the neighborhood.

B.    GUIDELINES:

1.    Where there is a strong sense of human scale neighborhood identity, use building modulation, roof forms, windows, materials, and details that are similar to the neighborhood buildings.

2.    Articulate facade design features to reduce the apparent size of large buildings. Design elements may include, but are not limited to: facade modulation, cornices, window patterns, plazas, porches, patios, decks, covered entries, balconies, bay windows, dormers, stepped roofs, gables or other roof elements, a variety of cladding materials, lighting fixtures, trellises, trees or other landscape features, and multiple paint colors and building materials.

3.    Locate retail shops with display windows at the street level around the exterior of larger commercial buildings.

FIGURE 18.110.080

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Use a high proportion of clear or lightly tinted glass at the street level for displays or to reveal services available where appropriate. This glass shall cover or comprise at least sixty (60) percent of the building face between two (2) and eight (8) feet in elevation above the sidewalk. If glass is not possible, at least one (1) of the following, or an equivalent, shall be substituted for glazing on the building walls fronting on a street, sidewalk, or other pedestrian walkway visible to pedestrians. The following guidelines are listed in order of preference. Wall segments without such treatments should not exceed thirty (30) feet in length:

B.    GUIDELINES:

1.    Ornamental and structural architectural details that provide texture to the building surface; or,

2.    Climbing plants, vines, trees, or other vegetation that, within three (3) years of planting, can reasonably be expected to cover or screen the wall to the degree required to comply with this section; or,

3.    A pedestrian area, consistent with Section 18.06.100, Development Standards, located along the southern, eastern, or western exposure of a building face at a transit stop, intersection corner, or other location.

FIGURE 18.110.090-A

FIGURE 18.110.090-B

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Windows shall provide relief, detail, and variation to building facades and shall be in harmony with the character of the structure.

B.    GUIDELINES:

1.    Provide variation in rhythm both horizontally and vertically.

2.    Use windows that are recessed or protruding such as bay windows.

3.    Use visually significant window elements, including lintels, sills, casings, mullions, and frame dimensions.

4.    Provide more glazing area on the ground floor than on the upper floors.

FIGURE 18.110.100

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: In order to create a positive visual experience for the pedestrian moving along the street, add interest and variety to building facades by using projections into the right-of-way.

B.    GUIDELINE: Use any of a variety of projections such as awnings, trellises, planter boxes, bay windows, balconies, canopies and porticos. When awnings are used they should cover the pedestrian clear zone (the 42" of sidewalk immediately adjacent to the building).

Also see Development Guidelines and Public Works Standards 12.24.020 as amended.

FIGURE 18.110.110

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Provide relief, detail and variation to roof lines.

B.    GUIDELINES:

1.    Use cornices at upper edge of facades or soffit overhangs on rooflines that abut the street.

2.    Use landscaped roof terraces and gardens on buildings that are stepped back from the street.

FIGURE 18.110.120

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Create pedestrian friendly building elements at intersections and alley entrances.

B.    GUIDELINE: Incorporate features such as inset or angled corners and entrances, display windows, or corner roof features.

FIGURE 18.110.130

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Buildings shall have a consistent visual identity from all sides visible to the general public; except, building walls adjacent to alleys in the downtown design district.

B.    GUIDELINES:

1.    Use consistent exterior materials, architectural detailing, and color schemes.

2.    Buildings should present a comparable level of quality of materials, detailing and fenestration.

FIGURE 18.110.140

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Use building materials with texture and pattern (such as brick) on exterior building walls and large surfaces. Reserve brightly saturated colors for trim or accents.

B.    GUIDELINES:

1.    Avoid large expanses of highly tinted or mirrored glass.

2.    Do not use highly reflective exterior materials (except glazing) where glare would affect nearby buildings or traffic.

FIGURE 18.110.150

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Use lighting to emphasize the building and landscaping, and to provide visibility and general security. Lighting shall not shine off-site or into adjacent buildings.

B.    GUIDELINES:

1.    Use lighting to emphasize key architectural elements and landscape features.

2.    Use adequate lighting along sidewalks and alleys to provide well-lit pedestrian walkways. (Also see Section 18.40.060(D), Lighting.)

FIGURE 18.110.160

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Vehicle entries to garages shall be recessed at least six (6) feet from the street facade plane. At least sixty (60) percent of the street facade between two (2) and eight (8) feet above the sidewalk, shall have at least one (1) of the treatments listed below.

B.    GUIDELINES: (Listed in order of preference)

1.    Transparent windows (with clear or lightly tinted glass) where pedestrian-oriented businesses are located along the facade of the parking structure; or,

2.    Display windows; or,

3.    Art or architectural treatment such as sculpture, mosaic, glass block, opaque art glass, relief art work, or similar features; or,

4.    Decorative metal grille work or similar detailing which provides texture and covers the parking structure opening; or,

5.    Vertical trellis or other landscaping or pedestrian plaza area.

FIGURE 18.110.170

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Select plants that are compatible with planting conditions and existing landscaping. Plant trees that at their mature, natural size will be well-suited to the planting location. Avoid use of invasive species adjacent to critical areas. Do not plant noxious weeds, as defined by the Thurston County Noxious Weed Control Program (lists are on file with Thurston County or the City’s Community Planning & Development Department).

B.    GUIDELINES:

1.    Provide visual continuity with the existing streetscape by coordinating tree and shrub species with established, healthy landscaping.

2.    Consider mature tree size in relation to planting area dimensions and soil type.

3.    Avoid a haphazard appearance by using a limited number of plant species.

4.    Choose native plant species for primary landscaping; limit use of exotic plant species to areas of interest or effect.

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Show the location of all mechanical equipment and utility vaults on both site and landscape plans early in the design process. Provide visual screening so that mechanical equipment and utility vaults are not visible from adjacent public rights-of-way, or adjacent dwelling units. Screen roof-top mechanical and communications equipment on all sides. (See Section 18.36.060(I), Screening - Trash and Open Storage.)

B.    GUIDELINES:

1.    Locate mechanical equipment and utility vaults on the least visible side of the building and/or site.

2.    Screen at-grade locations with vertical plants such as trees, shrubs or ornamental grasses.

3.    Screen or paint wall mounted mechanical equipment to match the building.

FIGURE 18.110.190

(Ord. 6306 §3, 2004).

A.    REQUIREMENT: Use a variety of landscape materials along lengthy expanses of blank walls or fences.

B.    GUIDELINES:

1.    Screen walls or fences with a combination of trees, shrubs and vines.

2.    Use irrigated raised planter boxes for screening purposes.

3.    In narrow planting areas adjacent to walls or fences, use espaliered trees or shrubs and vines.

FIGURE 18.110.200

(Ord. 6306 §3, 2004).

Section Contents:

18.120.110    Purpose.

18.120.120    Applicability and procedures.

18.120.130    Downtown design sub-districts.

18.120.140    Designated street types.

The purpose of Chapter 18.120 is to implement the Comprehensive Plan by:

1.    Promoting high quality urban design.

2.    Enhancing the pedestrian environment.

3.    Activating the streetscape.

4.    Reinforcing unique character areas.

5.    Preserving the Downtown’s historic character.

(Ord. 7244 §1 (Exh. A), 2020).

A.    PROJECT REVIEW PROCEDURES

The guidelines within these chapters apply to all properties within the area shown in Figure 18.120.130.A.1. The applicability and review procedures for these guidelines are as described in OMC Chapter 18.100, except as follows:

1.    Design guidelines do not apply to public projects within the public right-of-way.

2.    Where two or more Sub-Districts are indicated in Figure 18.120.130.A.1, the applicant may select which Sub-District will apply. All regulations for that Sub-District will then apply.

3.    In the event there is a conflict for a property that is located within the historic district, or an individually listed historic property, 18.12.090 takes precedent (see language of Chapter 18.12.040.c).

B.    DEFINITIONS. Some terms are only used in the context of these design guidelines. These terms are as follows:

1.    Architectural Scale: The perceived height and bulk of a building relative to that of neighboring buildings.

2.    Blank wall: Any wall or portion of a wall that has a surface area of 400 square feet of vertical surface without a window, door, or building modulation or other architectural feature or any ground level wall surface or section of a wall over 4 feet in height at ground level that is longer than 15 feet as measured horizontally without having a ground level window or door lying wholly or in part within that 15-foot section.

3.    Building Details: Smaller building components such as lights, furniture, artwork, signs, and door and window moldings that are perceived from a short distance from the building (less than 80 feet away).

4.    Building Elements: Larger building features such as balconies, cornices, bay windows, and turrets that can generally be seen from a distance (80 feet or more).

5.    Building Modulation: The stepping back or extension forward of a portion of a building façade.

6.    Custom, Decorative, or Hand-Crafted: Distinctive or “one-of-a-kind” elements or unusual designs that require a high level of craftsmanship. However, these terms do not necessarily mean that the elements are ornate. They may be simple if finely detailed or manufactured. It is more important that the façade details fit the style and character of the building.

7.    Fenestration: The design, proportioning, and disposition of windows and other exterior openings of a building.

8.    Human Scale: Addresses the relationship between a building and the human body. Human scale design is optimized for human use, with elements sized with the human body in mind.

9.    Massing: A unified composition of two-dimensional shapes or three-dimensional volumes, especially one that has or give the impression of weight, density, and bulk.

10.    Pilaster: A column that is built into the façade but projects out from it.

11.    Street wall: A relatively continuous building edge along or near the back of the sidewalk.

12.    Transom Window: A strip of smaller windows located above display windows.

13.    Woonerf: A “living” street which includes shared spaces, traffic calming design and techniques, and very low speed limits. It is shared pedestrian, bicyclist, and vehicular space, with preference to non-motorized users.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

These Guidelines were informed by Olympia’s Downtown Strategy and establish Downtown Design Sub-Districts (Sub-Districts). The purpose of the Sub-Districts is to achieve greater variety of uses and design character as well as greater design unity within specific Sub-Districts and along streets within the Downtown. These Sub-Districts are identified in Figure 18.120.130.A.1.

Figure 18.120.130.A.1: Downtown Design Sub-Districts (Sub-Districts). Where there are multiple Sub-Districts in a group the project applicant may choose which Sub-District applies.

B.    DESCRIPTION OF DOWNTOWN DESIGN SUB-DISTRICTS

1.    Core: General objectives: Enhance and complement historic architecture. The existing historic architectural styles and influences are varied, including Neoclassical, Art Moderne, Chicago Style, Romanesque, Victorian, Mission Revival, and Art Deco. Activate streetscapes with storefront building design and wider pedestrian pathways. Within the historic retail core, design elements should complement the surrounding historic architecture with sensitivity to neighboring buildings’ proportions and rhythms; “classic main street” furnishings, finishes, and styling; and materials drawing inspiration from surrounding historic materials like sandstone, brick, terracotta, and granite. New buildings may exhibit contemporary styled architecture but must not detract from the overall historic character of the Sub-District. New buildings should complement the Sub-District’s character through design features and qualities such as materials, scale, façade composition, and proportion, but not try to replicate historical styles.

2.    Art/Tech: General objectives: Utility is a design driver for the informal Art/Tech Sub-District, suggesting opportunities for adaptive reuse of existing buildings, and street improvements that promote new pedestrian and bicycle uses. The incorporation of “warm industrial” materials such as weathered wood or metal, and design elements such as garage doors or large entryways that engage the street or parklets are examples of how architecture and streetscape designs might complement the area’s do-it-yourself character. The retention of historic materials when present is encouraged.

3.    Entertainment: General objectives: Art, creativity, and imaginative expression defines this hub of dining, nightlife, and the performing arts. Design elements here may reflect aspects of the Core and Art/Tech Sub-Districts, but a focus on art, theatricality, imagination, and night lighting that enhances building design and public spaces will distinguish this area. Buildings and streetscapes such as wider sidewalks, consistent lighting, and clear wayfinding that support entertainment needs.

4.    Waterfront: General objectives: Better connection of Downtown to its waterfront location—visually, physically, and symbolically—is a primary goal of this Sub-District. Elements that reflect the shoreline ecology, local maritime activities, Northwest Native American history, historic industrial uses, sailing and boating, fishing and aquaculture, and commercial trading are encouraged. Examples include those design elements found at Percival Landing such as furnishings, light fixtures, marine hardware, wood pilings, boardwalks, and rope may be incorporated into streetscape improvements and new developments to help draw the aesthetics of the waterfront deeper into Downtown.

5.    North Capitol Way: General objectives: One of the Olympia Downtown Strategy’s important urban design concepts is to improve the visual connections and pedestrian experience along Capitol Way between the Capitol Campus and Farmers Market. In the North Capitol Way Downtown Design Sub-District, this means providing streetscape improvements in the public right-of-way that are consistent with other segments of Capitol Way. New development should include a variety of architectural and landscaping treatments that feature attractive, inviting building fronts and that accommodate a variety of uses so that all buildings present a welcoming face to the street. Maintain a mix of historic and new pedestrian-friendly development.

6.    Business Corridor: General objectives: This Sub-District along Capitol Way and portions of the Plum Street SE corridor is currently characterized by older hotels, small commercial buildings, parking lots, banks, and older office buildings. Substantial redevelopment is envisioned that adds human activity and upgrades the pedestrian routes between Downtown and the Capitol Campus. This will take the form of substantial, urban scale commercial, institutional, and mixed-use buildings with refined façades that complement Campus and Downtown Core buildings. Buildings will include active ground floor uses and inviting facades with weather protection. Enhancements to the streetscape to improve uniformity will include amenities such as lighting, paving, and landscaping to create a strong visual connection between the Campus and Downtown Core.

7.    Residential Neighborhood: General objectives: This Sub-District is envisioned as an urban residential neighborhood with a mix of uses and architectural variety in building types with landscape plantings in streetscapes, medians, and on private property. Office development is expected where zoning allows. New development is anticipated, and is expected to be compatible with the residential character. Retaining historic buildings is encouraged.

(Ord. 7244 §1 (Exh. A), 2020).

In order to provide attractive pedestrian oriented streetscapes, Downtown streets are classified in the designated streets described as follows and as indicated in Figure 18.120.140.A.1. These descriptions are for design review only.

Figure 18.120.140.A.1: Designated streets, waterfront sites and high visibility street corners.

A.    Type A Pedestrian Oriented Streets are the most important Downtown pedestrian routes with the greatest volume and concentration of pedestrian activities and attractions. The intent is to ensure these streets maintain that level of pedestrian traffic and amenity. Guidelines for Type A Pedestrian Oriented Streets emphasize a high level of façade transparency (amount of clear ground floor window area), wide sidewalks, non-residential uses on the ground floor, limited vehicle access and parking, and maintenance of a prominent street wall.

Figure 18.120.140.A.2: Type A Pedestrian Oriented Street.

B.    Type B Pedestrian Oriented Streets are also important pedestrian connections but with less pedestrian traffic, amenities, and attractions. The intent is to ensure Type B Pedestrian Oriented Streets are attractive pedestrian connections with sufficient interest at street level to encourage pedestrian traffic. Guidelines for Type B Pedestrian Oriented Streets require some transparency and access limitations.

Figure 18.120.140.A.3: Type B Pedestrian Oriented Street.

C.    Type C Streets are unmarked on figure 18.120.140.A.1. All streets in Downtown that are not designated Type A Pedestrian Oriented Streets, Type B Pedestrian Oriented Streets, or Downtown Entry Streets are Type C Streets The intent of guidelines in Section 18.120.220.E is to ensure Type C Streets are functional, attractive, and can accommodate a wide variety of uses. Guidelines for Type C Streets typically include a defined edge at the back of the sidewalk (that is either a building, landscaping or pedestrian oriented space rather than an unscreened parking lot), and provide efficient pedestrian access to building entries.

Figure 18.120.140A.4: Type C Street.

D.    Downtown Entry Streets are arterials with relatively high vehicle traffic volumes that bring travelers into the Downtown. Because they are highly visible, the intent of the guidelines for Downtown Entry Streets in OMC 18.120.120.C emphasize creating an attractive street front even if the uses may be auto oriented.

Figure 18.120.130.A.5: Downtown Entry Street.

E.    Waterfront Sites are those that directly face the shoreline; guidelines support an attractive and active pedestrian esplanade.

Figure 18.120.140A.6: A Waterfront Site.

F.    High Visibility Street Corners are located at prominent intersections; the guidelines call for an enhanced design feature to support the importance of these corners.

(Ord. 7244 §1 (Exh. A), 2020).

Section contents:

18.120.210    Introduction.

18.120.220    Street fronts.

18.120.230    Pedestrian circulation.

18.120.240    Buildings with ground-related residential units.

18.120.250    Multi-building and multi-block sites.

18.120.260    Solid waste facilities, service areas, and mechanical equipment.

18.120.270    Multifamily open space.

18.120.280    Security.

Site Planning addresses the visual qualities of Downtown streetscapes and developments such as building orientation and location, service areas, and pedestrian and vehicular access.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

This section focuses on the relationship between the street and site with the intent to:

1.    Assist in the implementation of City and regional transportation plans by establishing a pedestrian street overlay designation that results in a network of active, aesthetically pleasing, and interesting streets that link the Downtown retail core, the Capitol Campus, the waterfront, and residential neighborhoods.

2.    Increase architectural and historic continuity between the retail core and the remainder of Downtown.

3.    Increase walkability by creating a high quality, compact, pedestrian-oriented environment so that people will be encouraged to work, shop, play, and live Downtown.

4.    Provide strong, continuous edges that clearly define public open spaces and rights-of-way.

5.    Contribute to the streetscape by incorporating human scaled, artistic elements or public art, or historically inspired elements into building design.

6.    Provide direct visual contact between activities occurring inside buildings and the street environment.

7.    Establish attractive Downtown Entry Streets that enhance the visual appearance of entrances and prominent corridors into and around Downtown.

8.    Acknowledge the need to accommodate arrival by vehicle while supporting increased arrival by transit, carpool, bike, and on foot.

B.    APPLICABILITY AND STREET TYPE DESIGNATIONS

Street Front requirements apply to façades of buildings facing Type A Pedestrian Oriented Streets, Type B Pedestrian Oriented Streets, Type C Streets, Waterfront Sites, and Downtown Entry Streets as indicated in Figure 18.120.140.A.1.

C.    REQUIREMENTS FOR TYPE A PEDESTRIAN ORIENTED STREETS

The following requirements apply to building façades facing Type A Pedestrian Oriented Streets:

1.    Façade details. The building façade must conform to the “Pedestrian Oriented Façades” requirements set forth in OMC 18.120.460.

2.    Ground floor use. On ground floors, only non-residential uses are allowed; residential uses are not allowed, except that hotel and multifamily residential lobbies, common rooms, and entries are allowed.

3.    Ground floor setbacks. The building façade must have ground floor setbacks at least 12 feet from the face of curb. The building façade on upper stories may extend to the property/right-of-way line. On the ground floor, pilasters or similar façade extensions may be located out toward the curb a maximum of 12 inches if the pilasters are no more than 3 feet wide measured parallel to the front building façade. Surfacing materials on ground floor facades must be approved by the City for compatibility with the sidewalk materials.

Exceptions:

i.    Buildings on properties with street frontage less than 100 feet, measured horizontally along the right-of-way, are not subject to the requirements of this subsection 3.

ii.    The requirements of this subsection 3 do not apply to the redevelopment of an existing building.

4.    Street wall definition. The ground floor street wall must extend to the property/right-of-way boundary unless the setback from the curb required in subsection 3, above, is applicable (for example, align the building along the right-of-way unless the resulting sidewalk area is less than 12 feet wide from back of curb to the first floor building wall at grade).

Exception: Up to 80% of a building front (measured parallel to the right-of-way line) may be set back up to 60 feet from the right-of-way if the setback is occupied by pedestrian-oriented open space as described in OMC 18.120.330 and the façades facing the open space meets the Pedestrian Oriented Façades and Weather Protection requirements in OMC 18.120.460.

Figure 18.120.220.C.1: Summary of requirements for building façades facing a Type A Pedestrian Oriented Street. This diagram is for illustrative purposes only. See OMC 18.120.220.C for applicable requirements.

5.    Vehicle parking. Surface vehicle parking directly fronting a Type A Pedestrian Oriented Street and ground floor structured parking directly adjacent to a Type A Pedestrian Oriented Street are prohibited. The City may allow upper story parking facing the street if the façade is suitably treated to appear as an occupied building or incorporates articulation treatments that break up the massing of the garage and add visual interest as described in OMC 18.120.440.B.1.

6.    Vehicle access (driveways). All vehicle access must be from another street or alley unless approved by the City. For example, if the property is on the corner of two Type A Pedestrian Oriented Streets or fronts a designated Arterial and a Type A Pedestrian Oriented Street, the City will determine which street fronts may feature vehicle access (a driveway).

7.    Stepbacks. Upper story stepbacks for building elements or stories over 65 feet above grade must be set back at least 15 feet from the public right-of-way.

Exception: Architecturally treated parapets and roof garden railings may extend up to 5 feet above the 65 feet façade face limit.

D.    TYPE B PEDESTRIAN ORIENTED STREET REQUIREMENTS

The following requirements apply to building façades facing Type B Pedestrian Oriented Streets and to building façades in the Waterfront Sub-District parallel to the shoreline that are visible from a public pathway, including those visible from Percival Landing:

Exception: As an alternative to meeting the requirements of this subsection D, a building façade subject to this subsection is acceptable if it meets the requirements applicable to Type A Pedestrian Oriented Streets.

Note: If the building includes ground-related residential units, the building must also meet the requirements for ground-related residential units in OMC 18.120.240.

1.    Façade details. The building must provide pedestrian oriented façades as described in OMC 18.120.460, unless the building façade has ground-related residential units.

Exceptions: In lieu of the building having a pedestrian oriented façade, the City may allow a departure from OMC18.120.460 provided the applicant demonstrates to the City’s satisfaction that alternative design features are equal or superior for the pedestrian environment. Examples of such solutions include a trellised area with seating, a plaza, or substantial artwork.

Figure 18.120.220.D.1: The Hands-On Children’s Museum is an example of a pedestrian-friendly site that employs a unique solution rather than strict conformance to Pedestrian Oriented Street requirements.

2.    Ground floor setbacks. The building facade must have ground floor setbacks at least 12 feet from the face of curb. The building façade on upper stories may extend to the property/right-of-way line. On the ground floor, pilasters or similar façade extensions may extend out toward the curb a maximum of 12 inches if the pilasters are no more than 3 feet wide measured parallel to the front building façade. See Figure 18.120.220.D.2. Surfacing materials on ground floor facades must be approved by the City for compatibility with the sidewalk materials.

Exceptions:

i.    Buildings on properties with street frontage less than 100 feet, measured horizontally along the right-of-way, are not subject to the requirements of this subsection 2.

ii.    The requirements of this subsection 2 do not apply to the redevelopment of an existing building.

3.    Street wall definition. The ground floor of buildings must extend to the property/right-of-way boundary unless the façade features ground-related residential units or the setback from the curb required in subsection 2 is applicable.

Exception: A building front may be set back up to 60 feet from the right-of-way if the setback is occupied by pedestrian oriented open space as described in OMC18.120.330 and the façade facing the open space meets the Pedestrian Façades and Weather Protection requirements in OMC 18.120.460.

4.    Vehicle parking. All vehicle parking must be accessed from a lesser street type or alley unless the applicant demonstrates to the City’s satisfaction that there is no other way to provide safe vehicle parking. Surface vehicle parking directly fronting a Type B Pedestrian Oriented Street is prohibited.

5.    Vehicle access (driveways). All vehicle access must be from a lesser street type or alley unless approved by the City. For example, if the building site fronts on two or more Pedestrian Oriented Streets or on a Pedestrian Oriented Street and a designated arterial, the City will determine which street front may feature vehicle access (driveway).

Figure 18.120.220.D.2: Summary of requirements for building façades facing a Type B Pedestrian Oriented Street (this diagram is for illustrative purposes only. See Section 18.120.220.D for applicable requirements).

E.    TYPE C STREET REQUIREMENTS

The following requirements apply to building façades facing Type C Streets:

Exceptions:

a.    As an alternative to meeting the requirements of this subsection, a building façade subject to this subsection is permitted if it meets the requirements applicable to Type A Pedestrian Oriented Streets or Type B Pedestrian Oriented Streets.

b.    A building with ground-related residential units is also subject to the requirements of OMC 18.120.240, in addition to the requirements of this subsection.

1.    Street Edge: The street edge must be physically defined with building(s), landscaping, or other features as approved by the City.

Exception: A building in the Residential Neighborhood Sub-District may feature a front yard along the street edge that includes lawn or other landscaping, a pedestrian-oriented open space, or other treatment as approved by the City. No definition between the street and the site is required if the front yard is a public pedestrian-oriented open space such as a plaza, courtyard café seating area, or similar feature.

2.    Ground Floor Setback: The building façade must have ground floor setbacks at least 10 feet from the face of the curb to provide sufficient room for a sidewalk at least 10 feet wide or sidewalk plus planting strip (total 10 feet wide). Pilasters or similar façade extensions may extend out toward the curb a maximum of 12 inches if the pilasters are no more than 3 feet wide measured parallel to the front building façade (See Figure 18.120.220.E.1). Surfacing materials on ground floor facades must be approved by the City for compatibility with the sidewalk materials.

Exceptions:

i.    Buildings on properties with street frontage less than 100 feet, measured horizontally along the right-of-way, are not subject to the requirements of this subsection 2.

ii.    This subsection 2 does not apply to the redevelopment of an existing building.

3.    Surface Parking. Surface parking areas adjacent to the street must be screened as required by OMC 18.120.340.

Figure 18.120.220.E.1: Requirements for development adjacent to Type C Streets (this diagram is for illustrative purposes only. See section 18.120.220.E for applicable requirements).

4.    Sidewalk access. Primary building entries must face the street and provide direct access to the public sidewalk. Side entries must provide connectivity to the street by a pedestrian pathway and must be visible from the street.

Exceptions:

a.    Properties fronting directly on the shoreline in the Waterfront Sub-District are not subject to this requirements of this subsection 4.

b.    A departure from the requirements of this subsection 4 may be approved by the City if the applicant demonstrates to the City’s satisfaction that the design provides direct access to the street to the greatest extent possible and that alternative design features are equal or superior at achieving the design intent.

5.    Display items. Large item display areas are prohibited between the main building and the street front (e.g. auto sales in the front yard area). Sidewalks may not be enclosed as space for retailing. Small, temporary displays, and outdoor seating are permitted if pedestrian sidewalk traffic is not impeded as set forth in the City’s Street use regulations.

Exceptions: Large item display areas are permitted between the main building and the street front in the Art/Tech Sub-District and properties north of Market Street.

F.    REQUIREMENTS FOR WATERFRONT SUB-DISTRICT SITES FRONTING DIRECTLY ON THE SHORELINE

Buildings on sites fronting directly on the shoreline and not separated by a street as identified in Figure 18.120.140.A.1 must comply with the following requirements:

1.    Shoreline facing façades. Building façades facing the shoreline must have a Pedestrian Oriented Façade as required by OMC 18.120.460.

2.    Façades perpendicular to the shoreline. Building façades roughly perpendicular to the shoreline must comply with provisions for Type B Pedestrian Oriented Streets unless the applicant demonstrates to the City’s satisfaction that there is a compelling reason to waive this requirement due to unusual use or site constraints.

G.    DOWNTOWN ENTRY STREET REQUIREMENTS

The following requirements apply to developments proposed for sites fronting designated Downtown Entry Streets (see Figure 18.120.140.A.1).

Exception: As an alternative to meeting the requirements of this subsection G, a building subject to this subsection is acceptable if it meets the requirements applicable to Type A Pedestrian Oriented Streets or Type B Pedestrian Oriented Streets.

1.    Non-residential buildings. Commercial and mixed-use building façades facing Downtown Entry Streets located within 15 feet of the right-of-way must conform to the following:

a.    The building must have at least 50% transparency (clear window area) on the ground floor façade between 2 feet and 8 feet above street level.

b.    The building must have a front entrance visible from the public street and a direct walkway between the public sidewalk and the main entrance.

c.    The building must have weather protection over the front entry as required by OMC 18.120.450.B.2. The weather protection must be at least 5 feet deep over at least 75% of all portions of the façade adjacent to a pedestrian path or walk.

d.    The building may not have fences or screens (except for parking lot screening) taller than 4 feet or retaining walls higher than 30 inches within 15 feet of the right-of-way of the Downtown Entry Street, unless the applicant demonstrates to the City’s satisfaction that there are unusual site constraints and the departure is the minimum necessary to alleviate that constraint.

Figure 18.120.220.G.1: Requirements for non-residential buildings within 15 feet of an Entry Street right-of-way (this diagram is for illustrative purposes only. See OMC 18.120.220.G for applicable requirements).

2.    Residential buildings. Residential buildings located within 30 feet of the right-of-way must conform to the following:

a.    The building must have at least 15% transparency on the ground floor.

b.    The building must have a covered porch, stoop, or patio for individual ground floor unit entries, or a clearly recognizable, covered shared entry pursuant to OMC 18.120.450.B.2.

c.    The development may not have fences over 4 feet or retaining walls taller than 30 inches within 15 feet of the Downtown Entry Street right-of-way, unless the applicant demonstrates to the City’s satisfaction that there are unusual site constraints and the departure is the minimum necessary to alleviate that constraint. Fences and walls are permitted when used to for parking lot screening.

d.    Garages and storage spaces are prohibited along the ground floor front façade facing the Downtown Entry Street.

Figure 18.120.220.G.2: Requirements for residential buildings within 30 feet of an Entry Street right-of-way. This diagram is for illustrative purposes only. See OMC 18.120.220.G for applicable requirements.

3.    Location of surface parking. Surface parking must be located behind, underneath, or to the side of the ground floor use facing the Downtown Entry Street; parking is prohibited between the building and the street.

Exceptions: If the parking is on the side of a building, or there is no building, parking may not exceed 65 feet of the street frontage. If the lot is wider than 130 feet, parking may occupy up to 50% of the width of the lot facing the street.

Figure 18.120.220.G.3: Requirements for surface parking location (This diagram is for illustrative purposes only. See OMC 18.120.220.G for applicable requirements).

4.    Outdoor display areas. Large item display areas are prohibited between the main building and the street front. Sidewalks may not be enclosed as a space for retailing. Small, temporary displays and outdoor seating are permitted if pedestrian sidewalk traffic is not impeded as set forth in the City’s Street use regulations.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Provide convenient pedestrian circulation connecting all on-site activities to adjacent pedestrian routes and streets.

2.    Improve the pedestrian environment by making it easier, safer, and more comfortable for people to walk between businesses and residences, to transit stops, and through parking areas.

3.    Provide people access to transit services.

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design sub-districts:

1.    Pathways. Developments with multiple residential ground-related units or entries must have pathways between dwelling units and the street.

Figure 18.120.230.B.1: A good example of pedestrian connections between units. The pathway leads to the street. Note the positive security measures including bollard lighting, open landscaping with no hiding spaces, passive surveillance from windows, and sense of enclosure that implies ownership of the space.

2.    The pedestrian circulation system must connect all main (primary) entrances on the site. For townhouses or other residential units fronting the street, the sidewalk may be used to meet this standard. Pedestrian connections to other areas of the site, such as parking areas, recreational areas, common outdoor areas, and any pedestrian amenities must be provided.

3.    The pedestrian circulation system must have pedestrian walkways to adjacent public rights-of-way, trails, existing or planned bus stops, site features such as mailboxes, solid waste storage areas, and other shared facilities, and to adjacent properties where access exists or reasonable connections are possible.

4.    Elevated walkways. External elevated walkways which provide pedestrian access to dwelling units located above the ground floor are prohibited, unless the applicant demonstrates to the City’s satisfaction that there is a compelling reason to the contrary and if the walkway(s):

a.    Do not compromise the privacy of the individual units (no walkways adjacent to residential unit windows).

b.    Do not compromise visual access from dwelling units into a courtyard.

Note: This section is not intended to prohibit skywalks, pedestrian bridges between buildings, or external stairways to access an upper story.

Figure 18.120.230.B.2: Elevated external walkways such as this are not allowed.

(Ord. 7244 §1 (Exh. A), 2020).

DEFINITION. As used in this Chapter, “ground-related residential unit” means a residential unit such as a townhouse, ground floor apartment, cottage housing unit, etc. that faces a public right-of-way and has a ground floor at or near the street grade. A residential units that has pedestrian access directly from a street or pathway without passing through a lobby or common room is also a ground-related residential unit.

A.    INTENT

The requirements of this section are intended to:

1.    Provide for the privacy, comfort, and livability of the residential units.

2.    Provide an attractive streetscape.

3.    Allow for friendly communication between residents in an outdoor space and pedestrians on the sidewalk.

4.    Provide an inviting entry into the units.

Figure 18.120.240.A.1: Desirable ground-related residential example with raised unit, landscaping, and small porches to enhance privacy while providing a welcoming streetscape. Units front on the street. Garages are off the alley.

B.    REQUIREMENTS

The following requirements apply to all buildings in all Downtown Sub-Districts with ground-related residential units. Where the requirements of this section conflict with the requirements of OMC 18.120.220.C, .D, .E or .F (guidelines for designated street types), the guidelines of this section apply unless the City determines otherwise. Note: Ground–related residential units are not allowed on Type A Pedestrian Oriented Streets or in the Waterfront Sub-District.

1.    Street access. Each ground-related residential unit fronting a street must have its own individual entry accessible from the street.

2.    Setback or elevate units for privacy. Ground-related residential units must have all of the following elements that provide for internal privacy for people living in each such unit:

Figure 18.120.240.B.1: Dimensional relationships to maintain privacy and provide a successful transition between public and private realms.

a.    The unit must be set back at least 10 feet from a public right-of-way or elevated at least 3 feet above the sidewalk grade (or, preferably, both). If the building front is less than 10 feet from the public right-of-way, the bottom of the ground floor windows facing the street must be at least 6 feet above sidewalk grade.

b.    The unit must have a physical “threshold” feature such as a hedge, retaining wall, rockery, stair, gate, railing, or a combination of such elements on private property that defines and bridges the boundary between public right-of-way and private entry, porch, yard, or patio. Thresholds may screen but must not block views to and from the street. Retaining walls may not be taller than 30 inches. If additional height is required to accommodate grade conditions, then terraces edged by stepped retaining walls, each no more than 30 inches high, are permitted. Fences and screens may not be higher than 4 feet above the sidewalk.

c.    The unit must have an outdoor space at least 6 feet in depth and 6 feet wide (36 square feet minimum) in the front yard, such as a porch, patio, deck, or similar space. Where feasible, this space must be at the same level as the interior of the unit. This space may include landscaping areas and may count as part of the entry space required below. The City may allow an exception for an outdoor space with other dimensions if the space meets the intent of providing a transition between the street and the private space. If there is an entrance facing the street, the front door and entry area must be designed to enhance privacy. Windows and transparent doors must be located and sized so that pedestrians on the sidewalk cannot see directly into the lower half of the ground floor living space of the unit.

d.    The unit must have a covered area, porch, or protected entry space, or other architectural weather protection at least 4 feet deep that provides cover for a person entering the unit and a transitional space between outside and inside the unit.

Figure 18.120.240.B.2: Ground floor residential units often lack privacy and livability of outdoor spaces is limited. Locating the ground floor at grade or below the sidewalk with insufficient setback results in an uninviting space even with the planter. This should be avoided.

e.    Garage configuration. Where the primary pedestrian access to the unit is on the same façade as vehicular access, the width of the driveway must be no more than 12 feet. Entry into the garage must be set back at least 5 feet from the front of the street-facing building wall. All interior vehicle storage areas (garages) must have a door. Where there is storage space for more than one vehicle, a single-width “tandem” parking configuration is required to minimize the impact of garage doors on the streetscapes.

Figure 18.120.240.B.3: Driveways serving ground-related residential units must be no more than 12 feet wide. Tandem parking is allowed. This diagram is for illustrative purposes only. See OMC 18.120.240 for applicable requirements.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Create integrated development plans and phasing strategies.

2.    Reduce negative impacts to adjacent properties.

3.    Enhance pedestrian and vehicular circulation while maintaining the City’s street connectivity engineering standards.

4.    Provide usable open space.

5.    Create focal points for pedestrian activity for developments.

6.    Enhance the visual character of the community.

B.    REQUIREMENTS

The following requirements apply multi-building and multi-block developments in any Downtown Sub-District;

1.    Unified site plans. A development that includes two or more buildings must be based on a unified site plan that meets the following criteria:

a.    The site plan must incorporate pedestrian pathways or open space with landscaping as a unifying element.

b.    The site plan must provide for safe, efficient internal vehicular circulation that does not isolate the buildings.

Figure 18.120.250.B.1: Two examples of unified site plans illustrating the provisions of Guideline 18.120.250.B.1: Note the incorporation of a public passageway in the left example and the use of open space as an organizing feature in the right example.

c.    To achieve direct, safe, and comfortable pedestrian connections, the site plan must provide for building entrances that are not focused around a central parking area, but instead are connected by a pathway system or open space(s), or both, unless the applicant demonstrates to the City’s satisfaction that this is infeasible or undesirable and the applicant demonstrates to the City’s satisfaction that the alternative design is equal to or better at achieving the design intent.

d.    The site plan may provide for a major public entry serving several spaces rather than providing a separate storefront entry for each space. If the development employs the combined-entry option, then the entry must be prominent with special features such as recessed entries, transparency, prominent canopies, landscaping, lighting, and expression of the entry in the façade’s upper stories. See Figure 18.120.250.B.2 below.

e.    The site plan must provide for publicly accessible pedestrian connections between public streets where the City determines that such connections would not adversely impact the development.

Figure 18.120.250.B.2: Prominent entries meeting the intent of Guideline 18.120.250.B. Note the recessed entries, transparency, prominent canopies, landscaping, lighting, and expression of the entry in the façade’s upper stories.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Minimize adverse visual, olfactory, and noise impacts of mechanical equipment, utility cabinets, and service areas at ground and roof levels.

2.    Provide access for service vehicles to remove waste and maintain service elements.

3.    Provide adequate, durable, well-maintained, and accessible service and equipment areas.

4.    Protect residential uses and adjacent properties from impacts due to location and utilization of service areas.

B.    REQUIREMENTS

The following requirements apply developments in all Downtown Sub-Districts:

1.    Location and screening. In order to avoid negative visual, auditory, olfactory, and physical impacts on the streets, sidewalks, or residential environment, site service areas and mechanical equipment areas must be sited as follows:

a.    Service areas and mechanical equipment areas must be located to have the least negative visual, auditory, olfactory, and physical impact on the street and sidewalk environment and adjacent residential properties. Service areas must be sited to be accessible from an alley, if available.

b.    Screening: Service areas must be located so that they are, to the greatest extent possible, not visible from any street, sidewalk, or adjacent property. If a service area or equipment is located so that it is visible from a street, sidewalk, or adjacent property, it must be fully screened with a structural enclosure constructed of masonry, heavy-gauge metal, or decay-resistant composite wood. The City may approve other materials for the structural enclosure if the City deems them to be of similar quality and consistent with the approved building materials. The walls of the enclosure must provide full screening from the street, sidewalk, or adjacent properties. Gates must be made of a heavy-gauge, site-obscuring material. The materials, colors, and design of the enclosure must be compatible with those of the principal structure. Art work such as paint schemes or coverings may be used to help blend equipment into the background. Gates must be kept closed except at time of servicing.

Exceptions:

∙    Development in the Art/Tech Sub-District need not meet the location and screening requirements of subsections B 1 a and b, above (Note: Screening requirements of OMC 18.36 and 18.40 apply).

∙    While exterior service areas must be screened, screening requirements may be reduced by the City at access points for service areas inside buildings.

c.    Service areas used by residents must be located and configured to avoid entrapment areas and other conditions where personal security is a concern. The City may require pedestrian-scaled lighting or other measures to enhance security.

d.    In the Residential Neighborhood Sub-District, exterior loading areas for commercial uses must not be located within 20 feet of a residentially zoned property, unless the applicant demonstrates to the City’s satisfaction that there are unusual site constraints that would prohibit adequate service vehicle access. In such cases, the loading area and vehicle access drive must be separated from the residential lot by a masonry wall at least 8 feet high.

e.    Ground-mounted mechanical equipment, utility meters, electrical conduit, and other service and utilities apparatus must be located and screened to minimize visual and noise impacts to streets, sidewalks, and adjacent properties.

f.    Roof-mounted mechanical equipment must be located and screened on all sides so the equipment is not visible from the ground level of any street, sidewalk, or adjacent property within 20 feet of the structure. The color of roof mounted equipment must match with the exposed color of the roof to minimize visual impacts when equipment is visible from higher elevations nearby.

Figure 18.120.260.B.1: Examples of how to screen roof-mounted mechanical equipment.

g.    Utility meters, electrical conduit, and other service and utilities apparatus must be located and screened so they are not visible from any street, sidewalk, or adjacent property.

h.    All service connections and on-site utilities, including wires and pipes, must be located underground unless the applicant demonstrates to the City’s satisfaction that there is a compelling public purpose to the contrary. Utility meters may be attached to buildings and screened. The applicant is required to coordinate with the local electric utility provider to locate electrical service facilities in the least obtrusive way.

i.    The locations of all mechanical equipment and utility vaults must be shown on both site plan and landscape plans no later than the conceptual design review stage of the permitting process.

Figure 18.120.260.B.2: Place utility meters in less visible locations. Note that this example is acceptable on a service alley but not near a street or residential walkway.

C.    REQUIREMENTS FOR SOLID WASTE STORAGE AND REMOVAL FACILITIES

The location and configuration of solid waste storage must conform to the Engineering Department Development Standards (EDDS).

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Promote the health and well-being of downtown residents.

2.    Create usable space that is suitable for leisure or recreational activities for residents.

3.    Create open space that contributes to Downtown’s residential setting.

4.    Provide open spaces for new developments with five or more residential units.

B.    REQUIREMENTS

The following requirements apply to multi-family residential buildings in any Downtown Sub-District:

1.    Amount of required residential open space. All new multifamily buildings with five or more residential units must have on-site open space of at least 100 square feet per dwelling unit or 10% of the residential unit floor area, excluding hallways and common areas, that provides functional leisure or recreational activities. The lesser amount of the two calculations is acceptable. Required setback areas may count as part of the required open space requirement if the applicant demonstrates to the City’s satisfaction that they meet the requirements in OMC 18.120.270.B.

Exceptions: This subsection does not apply to remodeling of existing residential units or additions to existing residential structures.

a.    Common outdoor open space. “Common outdoor open space” includes landscaped courtyards or decks, entrance plazas, gardens with pathways, children’s play areas, pools, water features, accessible areas used for storm water retention, or other multipurpose recreational or green spaces. The following special requirements apply to common outdoor open spaces:

i.    Only spaces with a minimum dimension of at least 15 feet in depth qualify as common outdoor open space. This is to ensure that the area can provide space for functional leisure or recreational activity.

Exception: The City may exempt special purpose recreation facilities such as bocce or tetherball courts, play areas, and vegetable gardens from this dimensional requirement provided the space is appropriate and configured with appurtenances/equipment for the use.

ii.    Common outdoor open space must have paths or walkable lawns, landscaping, seating, lighting, play structures, sports courts, raised garden beds, or other pedestrian amenities to make the space more functional and enjoyable for a range of uses.

iii.    Common outdoor open space must be oriented to receive sunlight by facing east, west, or preferably south, when possible.

iv.    Landscaped internal pathways may be counted as common outdoor open space if they meet the other criteria within this subsection.

v.    Common outdoor open space must be separated from ground level windows, streets, service areas, and parking lots with landscaping, low-level fencing, or other treatments as approved by the City that enhance safety and privacy for both the common outdoor open space and dwelling units.

vi.    Common outdoor open space must be accessible to all building residents and must be oriented to encourage activity by building residents.

Figure 18.120.270.B.1: The privacy and identity of these ground-related residences are achieved by the fencing, landscaping, and slight elevation of the porches.

Figure 18.120.270.B.2: Good examples of common open space including a pedestrian corridor, street level courtyards, and a children’s play area.

b.    Balconies. To qualify as open space, balconies or patios must be at least 35 square feet, with no horizontal dimension less than 5 feet.

c.    Rooftop decks and terraces. Decks and terraces accessible to all building residents may be used to meet open space requirements, if the following conditions are met for the space:

i.    The deck or terrace must be accessible to all building residents.

ii.    The deck or terrace must provide amenities such as seating areas, landscaping, or other features that encourage use.

iii.    The deck or terrace must feature surfacing that enables residents to walk on and use the open space.

iv.    The deck or terrace must incorporate features that provide for the safety of residents, such as enclosures and appropriate lighting levels.

Figure 18.120.270.B.3: An attractive roof deck.

d.    On-site indoor recreation areas such as exercise studios, lounges, and play areas may be used to meet the required open space if the following conditions are met:

i.    The space must be accessible from all dwelling units.

ii.    The space must be designed for and include equipment for a recreational use (e.g., exercise or group functions).

Figure 18.120.270.B.4: An indoor recreation space. Other less intensive spaces may also meet common space requirements provided they are primarily for leisure, social, physical, or recreational activities.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

Crime Prevention through Environmental Design (CPTED) principles address elements of the built environment ranging from small-scale elements such as the strategic use of shrubbery and other vegetation to larger scale considerations such as the configuration of buildings, open spaces, and human experience of an entire urban neighborhood. This section incorporates CPTED principles with the intent to:

1.    Increase personal safety and property security.

2.    Assist law enforcement within the Downtown.

3.    Provide an indication that unlawful and uncivil behavior is not permitted.

ii.    REQUIREMENTS

The following requirements apply to all developments and substantial re-developments in all Downtown Sub-Districts:

1.    Entrapment areas. The development design must ensure that the development does not include “entrapment areas,” where a person could become trapped with no exit route. The design must provide for two or more means of egress from all outdoor spaces or a wide and visible exit to allow a person to avoid a threat. The design must ensure entrapment conditions are minimized in the design of rooftop decks, parking areas, waste recycling stations, and other shared areas.

Figure 18.120.280.B.1: Measures to avoid entrapment areas.

2.    Visibility. The development design must ensure that all physically accessible areas are well lit or visible from a publicly owned space or public right-of-way. The design must have lighting that complies with OMC 18.120.360 Site Lighting.

3.    Visual obstruction. Vegetation and fences must be sized to allow visibility into open space, pathways, and building entries. Structures, vegetation, opaque fences, or other objects (e.g. a storage enclosure) that blocks visibility into a space or provides places to hide are prohibited.

Figure 18.120.280.B.2: Fences that prevent visibility from public right-of-way and open spaces can decrease security.

4.    Motorists’ view. Screening and landscaping must not block motorists’ views of pedestrians crossing streets, driveways, and vehicular circulation areas. Where visibility is necessary to avoid creating an unsecure area and to reduce the potential for pedestrian/vehicle collisions, vegetation that will not obstruct views between 3' and 8' above the ground is required. (See Figure 18.120.020.H.2.c.)

Figure 18.120.280.B.3: Keep landscaping open between 3 feet and 8 feet above grade where there is the need for visibility.

5.    Passive surveillance. Structures and site elements must be designed to provide for “passive surveillance,” the ability of people occupying buildings and public spaces to view all parts of accessible spaces.

Figure 18.120.280.B.4: Passive surveillance, or the ability of people in buildings or traveling along roadways to see outdoor spaces, increases security.

6.    Access control. The development design must have appropriate natural access control. The design must employ features, as necessary, that delineate where the general public should not enter without an invitation. For example, a low fence or hedge can indicate that people should not enter a yard or open space except through a gate or opening. Access control should not limit visibility or passive surveillance.

7.    Territorial definition. The development design must clearly indicate through site planning and design measures which parts of the site are and are not open to the public. See Figure 18.120.280.B.5 below for an example of this technique.

Figure 18.120.280.B.5: Note the use of both territorial definition in the foreground seating area and access control in the gate towards the rear of this picture. The gate, even if unlocked, indicates that the courtyard in the background is private while the benches indicate that people are welcome to use the courtyard in the foreground.

1.    Maintainability. The development design must incorporate easily maintained and vandal-resistant elements. See also OMC 18.120.450.B.2, which addresses durable building materials.

Figure 18.120.280.B.6: This residential complex incorporates passive surveillance, territorial definition, and good visibility and lighting to provide a more secure pathway and open space.

(Ord. 7244 §1 (Exh. A), 2020).

Section contents:

18.120.310    Introduction.

18.120.320    Parking areas.

18.120.330    Pedestrian oriented open space.

18.120.340    Landscaping.

18.120.350    Walkways and circulation elements.

18.120.360    Lighting.

18.120.370    Other site features.

This subchapter addresses the size and design of site elements such as landscaping, parking areas, walkways, open spaces, site furniture, and fences. Whereas OMC 18.120.200 (Site Planning) addresses the location and configuration of such elements within the framework of site planning, this chapter specifies requirements for their physical characteristics. This subchapter does not apply to site features in the public right-of-way.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Reduce the visibility of parked vehicles from Downtown streets, public spaces, and adjacent properties.

2.    Increase pedestrian access.

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design Sub-Districts. Note: The requirements in this section are in addition to the requirements of OMC18.36.180 (parking lot landscaping and screening) and 18.38.220 (parking design standards). See also OMC 18.120.220 for parking lot location requirements on designated streets in the Downtown.

1.    Walkways through parking areas. Developments must have specially marked or paved walkways through parking areas. Generally, walkways must be provided at least every four rows or at least every 180 feet, whichever will yield more walkways. Walkways must be aligned to connect with major building entries or other sidewalks, walkways, and destinations. Walkway must be a minimum of 4 feet wide (unobstructed clear width excluding vehicle overhang).

Figure 18.120.320.B.1: Parking area walkway examples. Note that clear walkway width must account for vehicle overhang.

Figure 18.120.320.B.2: Example parking area walkway configuration.

2.    Bumper overhang next to walkways and landscaping. Where angle or perpendicular parking abuts a landscape strip or walkway, a 2 feet-wide paved area must be provided to prevent a vehicle’s bumper overhang from infringing on the walkway or landscaping. Alternatively, wheel stops may be utilized to prevent a vehicle’s bumper overhang from infringing on the walkway or landscaping, for example in locations where a walkway is at the same grade as the adjacent parking stalls.

Figure 18.120.320.B.3: Concrete extension to accommodate bumper overhang.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Ensure that accessible open spaces, whether public or private, are safe, comfortable, usable, and attractive.

2.    Provide spaces for informal activities such as picnicking, relaxing, meeting friends, and as appropriate, children’s play.

3.    Establish the minimum standards for how pedestrian oriented open space will be developed when it is proposed to satisfy provisions of OMC 18.120.220 C, D, and E or when it is proposed as part of a new development or redevelopment project.

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design Sub-Districts:

1.    Pedestrian oriented space elements. Providing “Pedestrian Oriented Open Space” is an option for satisfying some requirements in OMC sections 18.120.220.C, D, and E. (Allows buildings on Type A Pedestrian Oriented Streets, Type B Pedestrian Oriented Streets, and Type C streets to be set back from a public right-of-way if the setback area meets pedestrian oriented open space standards). When Pedestrian Oriented Open Space is used to satisfy these requirements, it must meet the following standards:

a.    A Pedestrian Oriented Open Space must meet the following requirements:

i.    Location: A Pedestrian Oriented Open Space must be located adjacent to areas with significant pedestrian traffic to provide interest and security, such as adjacent to, or visible from, a building entry. Such areas must provide visual and pedestrian access into the site from a street, private access road, or non-vehicular courtyard.

ii.    Surface: A Pedestrian Oriented Open Space must have paved walking surfaces of either concrete, walkable crushed rock, or unit paving as approved by the City.

iii.    Seating: A Pedestrian Oriented Open Space must have at least 2 feet of seating area (a bench or ledge at least 16 inches deep and appropriate seating height) or one individual seat per 60 square feet of plaza area or open space.

iv.    Landscaping: A Pedestrian Oriented Open Space must have components that add visual interest, but do not act as a visual barrier. This could include planting beds, potted plants, or both.

v.    A Pedestrian Oriented Open Space may not have unscreened adjacent (immediately next to or adjoining) parking areas or service areas (e.g., trash areas). Such features must be separated with Type I screening as described in OMC 18.36.060.

vi.    A Pedestrian Oriented Open Space may not be immediately next to or adjoining a chain-link fence.

vii.    A Pedestrian Oriented Open Space may not be immediately next to or adjoining a blank wall, as defined in OMC 18.120.120 B 2, without blank wall treatment as required by OMC 18.120.480.

viii.    A Pedestrian Oriented Open Space must be designed to exclude motor vehicles from the area, except for emergency vehicles, maintenance vehicles, and those related to open space activities, such as food trucks. This requirement does not apply to approved woonerfs that meet design principles for shared spaces.

Figure 18.120.330.B.1. Illustration of favorable elements of a Pedestrian Oriented Open Space and example of a successful space on the right.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The intent of this section is to:

1.    Support the provisions of Chapter 18.36 OMC: Landscaping and Screening.

2.    Ensure landscaping, including plantings, ground forms, natural elements, paving and hardscape, site furniture, and other site features are an integral part of the overall site and community design.

3.    Complement the architecture, other site elements, and the visual appearance of the neighborhood, as well as the Northwest environment.

4.    Encourage compositions of plant materials and site features that create an appropriate visual character such as formal, informal, or natural.

5.    Use landscape design to help define a distinctive design character that distinguishes different Downtown Design Sub-Districts and Downtown as a whole.

6.    Reduce the summertime heat and glare buildup within, and adjacent to, parking lots.

7.    Reduce landscape maintenance requirements and help ensure that the landscape elements are attractive and healthy over time.

B.    REQUIREMENTS

The requirements of this section do not supersede OMC Chapter 18.36, which establishes development standards for landscaping as part of site development. The requirements in this section augment OMC Chapter 18.36 with design requirements specific to the Downtown. Where there is a conflict between the provisions of this section and OMC Chapter 18.36, the City will determine which provisions apply based on which best meets the intent of the design guidelines. The requirements of this section do not apply to public projects within the public right-of-way. For the purpose of this section, “landscaping” and “landscape elements” include plant materials and their beds, pavements, walls and fences, water features (except shorelines covered by the City’s Shoreline Master Program), site furnishings, trellises, planter boxes, “green walls,” and related elements.

1.    Landscaping Requirements for the Core, Business Corridor, and North Capitol Way Sub-Districts:

The following landscaping requirements apply to new developments and substantial re-developments in the Core, Business Corridor, and North Capitol Way Sub-Districts:

a.    General Character and Intent: These Sub-Districts are envisioned to be intensively developed, therefore landscaped areas are likely to be limited. Developments must incorporate landscape elements to enhance building forms and provide smaller scale visual interest. Developments must emphasize uniform plantings in a linear or geometric pattern, with plants pruned into regular shapes and symmetric landscape layouts with straight walkways rather than naturalistic landscape layouts.

b.    Plant Materials: Landscaping must consist of durable, well-suited ornamental trees and shrubs to complement buildings. Plantings may be structural, space-defining features.

c.    Pavements: Hardscaped elements of landscaping must consist of high quality pavements such as concrete and pavers. Asphalt and gravel are prohibited.

d.    Furniture and Site Furnishings: Site fixtures must complement the materials and character of the development’s building. Furniture and lighting must reflect the historic character of the Sub-District.

Figure 18.120.340.B.1: Relatively formal space defining landscaping is appropriate where there is room in the Core and along Capitol Way.

Figure 18.120.340.B.2: Small scale landscape enhancements are appropriate if maintained.

Figure 18.120340.B.3: Landscaping can be effective in enhancing and softening formal building elements, especially in more intense areas such as the Core and along Capitol Way.

2.    Landscaping Requirements for the Waterfront Sub-District

The following landscaping requirements apply to new developments and substantial re-developments in the Waterfront Sub-District:

a.    General Character and Intent: The Waterfront Sub-District, especially in the Percival Landing segment, features a variety of landscape characters ranging from naturalistic compositions of grasses and driftwood to lawn areas with floral edges. This Sub-District may also feature seasonal displays that enhance specific areas (typically outdoor dining areas) and add color. Landscaping must emphasize naturalistic plantings and, as an option, add seasonal displays in landscape improvements.

Figure 18.120.340.B.4: Existing landscaping in the Waterfront Sub-District features a wide variety of plantings and characteristics. Note the mix of seasonal floral and naturalistic plantings, and the backdrop of large evergreen trees.

b.    Plant Materials: For properties on the West Bay waterfront and Percival Landing, a wide range of landscape characters may be incorporated depending on the available space, pedestrian activities, and adjacent buildings. For properties on the East Bay waterfront, plant materials must reinforce streetscape design and provide screening of unsightly areas. All plants on waterfront sites must be salt and ground water hardy.

c.    Pavements: Pavements along an esplanade must conform to standards established by the City. Other pedestrian walking surfaces must meet standards established by the City or feature decorative pavement to accentuate special areas, unless the applicant demonstrates to the City’s satisfaction that site constraints warrant departure from this requirement and that the alternative will achieve the design intent.

d.    Furniture and Site Furnishings: Site furniture must be functional and weather resistant. If a more specialized design is desired, the design should reflect a maritime character.

3.    Landscaping Requirements for the Art/Tech Sub-District

The following landscaping requirements apply to new developments and substantial re-developments in the Art/Tech Sub-District:

a.    General Character and Intent: The Art/Tech Sub-District is intended to provide for a mix of robust activities that may require frequent deliveries and outdoor work space. The character of landscaping in this Sub-District should reflect that quality, so landscape features should be hardy and limited to those areas not needed for active uses. The visual character of the area can be greatly enhanced with compact landscape screening and plantings in areas where people will pass or congregate such as building entrances and outdoor seating areas. Because of the envisioned variety of site uses and conditions, individual, site-specific landscape solutions may be necessary and desirable.

Some developments in the Art/Tech Sub-District, such as those shown below in Figure 18.120.440.B.5, include extensive garden areas in an otherwise industrial setting. Such gardens with plantings, special features, and art are encouraged where they do not conflict with site activities.

Figure 18.120.340.B.5: Some informal landscaping treatments that would be appropriate in the Art/Tech area but not necessarily in other Sub-Districts.

The guidance below is primarily for sites with more intensive industrial activities.

Figure 18.120.340.B.6: Attractive gardens that provide excellent examples of oases within an otherwise light industrial setting. This intimate juxtaposition of workshop and garden experiences is quite unique to Downtown Olympia and a major asset.

b.    Plant Materials: Plant materials must be maintainable in the areas they are planted. Large scale trees, used to soften the “semi-industrial” character of this area, may be planted where there is room for the crown and the root system. On sites where vehicle traffic is expected, plantings and their root systems must be protected with measures such as raised beds, bollards, and special soil treatments.

c.    Pavements: Hardscape elements of the landscaping may consist of utilitarian pavements such as asphalt or concrete, but artistic pavements and details are permitted and encouraged, especially if they relate to on-site activities.

d.    Furniture and Site Furnishings: Site furnishings must reflect the activities and conditions on the site. For example, do not use delicate, residential quality furniture near industrial activities. Artwork installations are permitted.

4.    Landscaping Requirements for the Entertainment Sub-District

The following landscaping requirements apply to new developments and substantial re-developments in the Entertainment Sub-District:

a.    General Character and Intent: There is generally very little space for substantial landscaping in the Entertainment Sub-District because most buildings front directly on the street. There are exceptions, such as City Hall, which has a small plaza with landscaping and site furniture. The intent of the requirements for the Entertainment Sub-District is to create an especially vibrant, colorful day- and night-time pedestrian environment with interesting details. Where possible, landscaping should emphasize small-scale features such as baskets and planters to enhance the pedestrian experience.

Figure 18.120.340.B.7: Plant beds in front of City Hall. Note the raised beds that enable easy maintenance and the bands of ornamental pavement.

b.    Plant Materials: Where possible, landscaping should consist of small-scale ornamental plants to add color and texture to the area.

Figure 18.120.340.B.8: Small scale plantings that add pedestrian interest. Note how the simple planter with grass defines the space and makes it more inviting.

c.    Pavements: For hardscape elements of landscaping, standard concrete pavements are permitted. Where space allows, such as in entryways, small areas of unique and high quality pavements, such as tile and terrazzo, are permitted and encouraged to add pedestrian interest.

d.    Furniture and Site Furnishings: Furniture and site features, such as lighting, must be easily maintainable and made of durable materials and relate to the character of the building’s architecture.

5.    Landscaping Requirements for the Residential Neighborhood Sub-District

The following landscaping requirements apply to new developments and substantial re-developments in the Residential Neighborhood Sub-District:

a.    General Character and Intent: The Residential Neighborhood Sub-District includes two distinct types of land uses: 1) single and multifamily residences and 2) office buildings, often associated with the Capitol Campus. Additionally, small retail is encouraged in some areas.

For residences and mixed-use projects, landscaping must employ a mix of trees, shrubs, ground cover, and some lawn to both frame and enhance new development. Storefronts must feature pedestrian oriented façades so there may not be opportunities for landscaping if small retail shops are developed. Where appropriate, landscape screens must be installed to enhance privacy and reduce impacts on adjacent properties. Dense screens over 4 feet in height that prevent views from the street into front yards are prohibited as they present a security hazard. Landscape layouts may either be formal with symmetric, space-defining plantings, or may be informal with irregular plantings in a more “natural” composition.

Figure 18.120.340.B.9: Formal residential landscaping (left) and more informal landscaping (right).

New office buildings may either feature one of the residential options described above, or if there is sufficient open space on the site, new developments may emulate the Capitol Campus’s Olmsted landscape character, which is typified by a layering of plant materials from lawn to low shrubs to trees around open areas, to create room-like spaces. Within these spaces, passive, palliative use is encouraged with curving pathways, furnishings, and features that take advantage of the site’s natural assets such as view corridors, landforms, or specimen plants. If the Olmsted design character is selected, the design should feature asymmetric plantings of large (at maturity) trees, ample lawn areas, some ornamental shrubs or beds, and curvilinear walkways.

Figure 18.120.340.B.10: The Capitol Campus reflects the Olmsted Firm’s design character with informal groupings of large trees, curvilinear walkways, and lawn areas.

b.    Plant Materials: A wide range of plant materials is appropriate for residential developments. Residential lots may feature formal or informal gardens, lawn areas, or more naturalistic landscaping emphasizing native species. Landscaping in residential developments must avoid large paved areas except for small plazas designed for outdoor living that feature ornamental plantings and furniture.

For non-residential developments, if the Olmsted landscape character is selected, large (signature) trees and curving lawn areas must predominate with shrubs and planting beds used as building enhancements and space-defining elements. Residentially scaled landscaping described above is appropriate for small spaces. The use of landscaping to facilitate the transition between large and small buildings or between residential and commercial developments is encouraged.

Figure 18.120.340.B.11: An Olmsted-style landscape design approach applied to an urban setting.

c.    Pavements: Hardscape elements of the landscaping must consist of concrete pavements, unit pavers, or decorative elements such as tile.

d.    Furniture and Site Furnishings: Site furniture is not required in residential development, although trellises, canopies, attractive gateways, and other site features can enhance a residential complex and are permitted and encouraged.

6.    Perimeter Landscaping Requirements for Parking Lot Landscaping for all Downtown Sub-Districts:

The following perimeter landscaping requirements apply to parking lots for new developments and substantial re-developments in all Downtown Sub-Districts:

Perimeter landscaping for parking lots must adhere to the requirements in OMC 18.36.180 (which requires a 10 foot wide landscape buffer in the front façade, or 5 feet on the side) or as an alternative, the applicant may elect to install parking lot perimeter screening consisting of the following (interior parking lot landscaping is still required):

a.    Provide a planting bed, at least 5 feet wide that incorporates a low masonry wall, 2-1/2 feet to 3 feet tall with landscaping or trellis (or both) as described below. When parking is adjacent to a right-of-way, the planting bed must be on the street-side between the parking area and street facing front of the wall. The planting bed must feature the following plantings:

i.    Deciduous or evergreen trees (or both) spaced to create a continuous canopy (approximately 30 feet on center or as directed by the City). Alternatively, a trellis and shrubs, as in Figure 18.120.340.B.13 may be substituted for the trees.

ii.    Shrubs spaced to provide complete coverage of the planting strip within three years of planting.

iii.    The wall of the planting bed must be constructed of material approved by the City and consisting of brick, stone, decorative concrete or concrete block, or other permanent material that provides visual interest and helps to define the street edge. (See Figure 18.120.340.B.10 for an example). The wall and bed should be relatively continuous but may feature breaks at key points for pedestrian access.

iv.    The City may require breaks in the wall and planter strip to facilitate pedestrians entering the site.

Figure 18.120.340.B.12: Parking area planting buffer with low wall and landscaping. Illustration with trees (left) and example with trellis (right).

7.    Green walls. Green walls may be used in all Sub-Districts and on designated historic properties if the applicant demonstrates to the City’s satisfaction that a green wall does not detract from the site’s historic character. Green walls shall be properly irrigated and maintained.

8.    Stormwater management techniques. Rain gardens and other landscape techniques to reduce stormwater runoff are encouraged in the South Capitol Way and Residential Neighborhood Sub-Districts.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Provide safe and direct pedestrian access that accommodates pedestrians of all ages and abilities, minimizes conflicts between pedestrians and vehicular traffic, and provides pedestrian connections to neighborhoods.

2.    Accommodate people riding bicycles.

3.    Provide attractive internal pedestrian routes, promote walking, and enhance the character of the area.

Figure 18.120.350.A: Well-designed pedestrian ways are important in urban areas.

B.    REQUIREMENTS

The following requirements apply to all developments and substantial re-developments in all Downtown Sub-Districts. Note: This section does not apply to the areas added to sidewalks to meet the setback requirements to achieve a 12-foot or 10-foot wide sidewalk in 18.120.220. C, .D, and .E.

1.    Walkway widths. Walkways (not within the public right-of-way) must be sufficiently wide to serve their intended purpose and level of use. All required walkways are to be clear of permanent obstructions. In addition, all walkways must meet the following specific requirements:

a.    All walkways must be at least 4 feet wide with widened areas, at intervals approved by the City, for two wheelchairs to pass, except the width requirements of this subsection do not apply to walkways for very occasional use such as paths to a service area serving a single residential unit.

b.    All walkways to main entrances to commercial businesses must be at least 6 feet wide.

c.    All walkways to assembly type spaces such as theatres and auditoriums where heavy pedestrian traffic is anticipated must be at least 10 feet wide.

d.    All walkways for which bicycle traffic is anticipated must be at least 10 feet wide with a 2 foot wide shoulder (12 feet total width) and signed and configured for safe pedestrian traffic as well as bicycle movement.

2.    Walkway safety. The development must have clear visibility along all walkways (outside the public right-of-way). For safety and wayfinding, landscaping may not block visibility to and from a path in a way that conflicts with the requirements in OMC 18.120.280. A walkway must have maximize visibility, as approved by the City, where it crosses vehicle routes such as alleys and driveways so that pedestrians and drivers can clearly see each other.

3.    Walkway enhancements. Where a walkway in a development (outside the public right-of-way) is within 5 feet of a blank wall, as defined in OMC 18.120.120 B 2, measured perpendicularly to the wall (see section 18.120.480), at least one of the following elements must be incorporated into the walkway:

a.    Blank wall treatment per OMC Section 18.120.480, or

b.    A landscaped strip, at least 3 feet wide between the wall and the walkway featuring shrubs, trees, or vines (or some combination of the three) as approved by the City.

4.    Pedestrian circulation where façades face parking areas. Where a development includes building with a main entrance or a walkway to a primary entrance that faces an off-street parking area rather than the street, the development must have wide walkways with street trees and pedestrian lighting adjacent to the façades of retail and mixed-use buildings. Such a walkway must be at least 12 feet wide to allow for 8 feet minimum unobstructed width and landscaping and must include the following:

a.    Trees, as approved by the City, spaced as directed by the City, considering the size of the trees at maturity. Trees must be placed in grates or landscaped planting beds. Breaks in the tree coverage will be allowed near major building entries to enhance visibility. However, the walkway must have no less than one tree per 60 lineal feet of building façade.

b.    Pedestrian-oriented lights spaced no more than 40 feet on center.

Figure 18.120.350.B.1: Left: Illustration of requirements for a building front facing a parking area. Right: Example of a successful pedestrian sidewalk between parking lot and storefront.

5.    Separation between internal walkway and ground related residential units. For residents’ privacy and to maintain a comfortable transition between the walkway and the interior of the residence, ground-related residential units, as defined in OMC 18.120.240, facing a walkway must be set back at least 10 feet from the walkway or raised at least 3 feet above grade (or, preferably, both). The area between the ground-related residential unit and the walkway must be either landscaped, stairs/an entry, or have a deck, porch, or other space for outdoor living.

Figure 18.120.350.B.2: The raised floors and setbacks from a walkway provide privacy for the residents and an inviting transition from the public realm to the private living space.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Encourage the use of lighting as an integral design component to enhance buildings, landscaping, or other site features.

2.    Increase personal safety and security.

3.    Increase night sky visibility and to reduce the general illumination of the sky.

4.    Reduce horizontal light glare and vertical light trespass from a development onto adjacent parcels and natural features.

5.    Enhance the night time pedestrian environment, especially in the Entertainment Sub-District.

6.    Increase design consistency within the development.

B.    REQUIREMENTS

The following requirements apply to all developments and substantial re-developments in all Downtown Sub-Districts:

1.    Site lighting levels. All publicly accessible areas must be lighted with lighting levels as follows:

The maximum exterior light level anywhere within the development is 5 foot candles, measured on the ground. Lighting must be provided at consistent levels, with an average lighting level to minimum lighting level uniformity ratio no less than 3:1, to create gradual transitions between varying levels of lighting and between lit areas and unlit areas. Highly contrasting pools of light and dark areas are prohibited.

2.    Light quality, height, and shielding. Lighting must meet the following light quality, height, and shielding requirements unless the applicant demonstrates to the City’s satisfaction that there is a compelling reason these requirements cannot be met:

a.    Parking area lighting fixtures must be fully shielded, Dark Sky Approved, and mounted no more than 20 feet above the ground (no more than 15 feet above the ground in the Residential Neighborhood Sub-District), with lower fixtures preferable so as to maintain a human scale.

b.    Exterior lighting may not spill onto adjacent properties.

c.    Pedestrian lighting may not exceed a height of 15 feet above the ground, except in parking areas as noted in subsection a above.

3.    Architectural lighting. Steady, non-flashing lighting of building features, artwork, and special landscape elements may be allowed, if the applicant demonstrates to the City’s satisfaction that the light causes no significant adverse impact.

4.    Character of light fixtures and mounting. The design character of site and building-mounted lighting must be consistent with the site’s architecture. Alternatively, the design of site and building-mounted lighting may be unobtrusive without embellishment or specific character, provided the lighting fixture’s visibility is minimized.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Ensure that site features such as walls, fences, poles, gates, and screens are well constructed and easily maintainable.

2.    Enhance the pedestrian environment and the general appearance of Downtown.

B.    REQUIREMENTS

The following requirements apply to all developments and substantial re-developments in all Downtown Sub-Districts:

1.    Fences and walls.

a.    Except where used for screening of service areas, utilities, mechanical equipment, or other facilities, fences must not obscure building fronts or site features.

b.    Fences and walls must be made of durable, easily maintainable, and vandal-resistant materials.

c.    Except in the Art/Tech Design Sub-District and for Port of Olympia properties, chain link fences are prohibited along the street-facing fronts of properties in the Downtown. Chain link fences may be used for temporary purposes, such as construction or short-term security. Where permanent chain link fences are used, they must be black vinyl coated.

d.    Wooden fences are prohibited in the Core, Entertainment, and South Capitol Way Sub-Districts as they are less permanent and do not contribute to the historic and urban character desired there.

e.    Where a retaining wall adjacent to a public sidewalk is necessary, the wall must be stepped back so that the top of the wall surface closest to the sidewalk is no more than 30 inches high. If greater height is required, terraces must be constructed no more than 30 inches high with at least 18 inches horizontal steps between each terrace riser. See Figure 18.120.360.B.1. The City may allow other configurations, such as a higher wall set back from the sidewalk and landscape, if the applicant demonstrates to the City’s satisfaction that such a wall is necessary for development and the objectives of this section are achieved.

Figure 18.120.370.B.1: Allowable terrace configuration for wall or rockery adjacent to a public sidewalk. Note that this illustration shows a stone wall but other masonry and concrete walls are acceptable as well.

2.    Poles and other vertical elements outside of the public right-of-way. Poles and other vertical site elements must be minimized on property outside of a public right-of-way.

a.    Wires and other hanging features are prohibited except for otherwise-allowed temporary features such as permitted signs.

b.    See also requirements for service areas and mechanical equipment, OMC 18.120.260.

Exception: The requirements in this subsection 2 do not apply to desirable vertical elements intended to enhance the pedestrian environment, such as weather protection, flag poles, banners, art installations, artistic lighting, supports for hanging flower baskets, trellises, and supports for green walls.

3.    Alcove (recessed entry) gates.

a.    Alcove gates must be made of durable, easily maintainable and vandal-resistant materials. To reduce the likelihood of graffiti, gates with smooth surfaces are prohibited unless they can easily be repainted or cleaned.

b.    Chain link or wooden alcove gates are prohibited along the front of properties. The City may make exceptions for creative applications.

c.    Alcove gates must be installed in a manner that can be easily removed in the future with minimal damage to the building.

d.    For historically designated properties or properties within the Downtown Historic District, see OMC 18.105, Historic Structures and Buildings within Historic Districts, and 18.12.090, Historic Preservation, for additional requirements.

(Ord. 7244 §1 (Exh. A), 2020).

Section contents:

18.120.410    Intent and exemptions.

18.120.420    Building character.

18.120.430    Registered historic district and sites.

18.120.440    Architectural composition, massing, and articulation.

18.120.450    Human scale building elements and details.

18.120.460    Pedestrian oriented façades and weather protection.

18.120.470    Materials and colors.

18.120.480    Blank wall treatments.

18.120.490    Above-grade structured parking,

A.    INTENT

This subchapter addresses the function, quality, and character of building exteriors. The purpose of this subchapter is to:

1.    Improve the pedestrian environment.

2.    Increase the distinctiveness and individuality of the Downtown Design Sub-Districts.

3.    Retain and preserve historic resources.

4.    Produce buildings that are more durable, easily maintainable, vandal resistant, and compliment the history of Olympia and its historic resources that give the City a unique sense of place.

5.    Enhance buildings’ functionality, especially as it relates to the function of façades and entries.

6.    Add to Downtown’s overall visual quality.

B.    EXEMPTIONS

Structures within the Downtown Historic District and any properties within the Downtown Design District that are individually registered as historic sites are subject to requirements in OMC 18.120.430 and are exempt from all other requirements found in OMC subchapter 18.120.400.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Reinforce a distinct building design character for each of the Downtown Sub-Districts.

2.    Retain Downtown’s diversity of design character and to retain and preserve historic resources.

3.    Create more design continuity and compatibility between the facades of nearby buildings.

4.    Encourage preferred uses in each of the Downtown Sub-Districts.

5.    Coordinate with street design measures to create attractive and functional streetscapes.

6.    Allow for creativity in the design of new buildings.

Figure 18.120.420.B.1: While emphasizing the entry is laudable, the classical arch and columns clash with the other more contemporary façade elements.

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design Sub-Districts:

1.    Design character of building elements and details. A building’s elements and details must be consistent with the building’s architectural style and character. For example, ornate historic elements are prohibited on a contemporary styled building and single family residential details on large buildings are prohibited.

2.    Compatibility with the architectural character of individual Design Sub-Districts. Where a development is located in more than one Design Sub-District, the applicant must identify which Design Sub-District identified in 18.120.130 B the applicant has chosen as the applicable Sub-District for the development That Sub-District will be the basis for all the requirements in this section. The development must incorporate the architectural design elements and characteristics described in the subsection for the applicable Sub-District. The City will require revision of an application if it does not meet the applicable design requirements.

Exception: If the project application is for a building remodel or addition to an existing structure, the applicant may either demonstrate that the proposal meets the design requirements of the applicable Sub-District or that the new building elements positively relate to the architectural character of the existing building.

Figure 18.120.420B.2: Desired building characteristics in the Core Sub-District.

a.    Core.

i.    Description. The early 20th century architecture of the historic retail core sets the design foundation of this Sub-District. The architectural design objective for the Core Sub-District is to reinforce its historic character, which features excellent examples of classically detailed buildings and early 20th century storefronts (see Olympia Downtown Historic District National Register Listing, available online or at City Hall).

ii.    Requirements. A building in the Core Sub-District may be modern in appearance, materials, and detailing but must reflect the historic qualities by incorporating at least two of the following design characteristics and elements:

1.    A vertical façade composition with a top, middle, and base.

2.    Building modulation or upper story setbacks (or both).

3.    Groupings or regular patterns of vertically oriented windows.

4.    Traditional materials such as brick, tile, and concrete in the front façade.

b.    Business Corridor.

i.    Description. The architectural design objective for development along South Capitol Way and other Business Corridor Sub-District buildings is to enhance the visual connection between the State Capitol Campus and the Core. Capitol Way is a Type A Pedestrian Oriented Street (See OMC18.120.140). Similarly, the objective along Plum Street (which is a Downtown Entry Street as described in OMC 18.120.140) is to encourage high quality buildings and an attractive streetscape as an entry into Downtown.

ii.    Requirements: A Building in the Business Corridor Sub-District must have at least two of the following design characteristics and elements:

1.    Welcoming entries or plazas with landscaping or special features.

2.    Artwork or other qualifying pedestrian amenities.

3.    Ground floor pedestrian activities, especially on Capitol Way.

4.    Building modulation or upper story setbacks (or both).

5.    Special corner treatment (e.g. corner entry or building element) at intersections.

c.    North Capitol Way.

i.    Description. The North Capitol Way Sub-District is an important pedestrian connection that has significant development opportunities. Currently there is a wide variety of building types in the Sub-District with the industrial vernacular of the new market buildings standing out. The architectural design objective of the North Capitol Way Sub-District is to enhance pedestrian connections between the Core and the Olympia Farmers Market.

ii.    Requirements. A building in the North Capitol Way Sub-District must have at least two of the following design characteristics and elements:

1.    Ground floor exterior materials with texture (such as brick or wood siding).

2.    Relatively high level of transparency at the ground floor. (See OMC 18.120.220.C and .D) Buildings with ground-related residential units meet this requirement by satisfying OMC 18.120.240.

3.    Compliance with Type A Pedestrian Oriented Street requirements as described in OMC 18.120.220.B.

4.    Building modulation or upper story setbacks (or both).

Figure 18.120.420.B.4: Desired building characteristics in the North Capitol Way Sub-District.

d.    Art/Tech.

i.    Description. The architectural design objective of the Art/Tech Sub-District is to create new or rehabilitate existing buildings that are functional for commercial, light manufacturing, and artisanal activities. The incorporation of “warm industrial” materials—weathered wood, metal, etc.—and design elements—garage doors or large entryways that engage the street, parklets, etc.—are encouraged.

ii.    Requirements: A building in the Art/Tech Sub-District must have at least three of the following design characteristics and elements:

1.    An eclectic character that accommodates “workshops” (e.g., light manufacturing, commercial kitchens, technical, art, and artisan studios) as well as other similar activities.

2.    Adaptive reuse of an existing, structurally sound building or buildings.

3.    Simple architectural elements, loading areas, and minimal detailing that echo the character of existing, older warehouse stock; solid massing conveying perimeter walls to the lot line, and expansive interior volumes; and roof systems designed to span large volumes including barrel vault and truss form roofs often with prominent front parapets.

4.    Industrial fixtures and materials that are durable, including metal and wood siding, masonry, and durable panel systems.

5.    Views into the building so that people can observe the enclosed activities.

6.    Unique or colorful lighting.

Figure 18.120.420.B.5: Desired characteristics of buildings in the Art-Tech Sub-District.

e.    Waterfront.

i.    Description. The architectural design objective of the Waterfront Sub-District is to better connect Downtown to its waterfront location— visually, physically, and symbolically. Design elements found at Percival Landing like furnishings, light fixtures, marine hardware, wood pilings, boardwalks, and rope should be incorporated into new developments to help draw the aesthetics of the waterfront deeper into Downtown. Designs and materials might reflect additional waterfront themes of shoreline ecology, Northwest Native American history, historic industrial uses, sailing and boating, fishing and aquaculture, and commercial trading at the Port.

ii.    Requirement. A building in the Waterfront Sub-District must have at least two of the following design characteristics and elements:

1.    Wide (over 6 feet) overhangs facing the shoreline for weather protection.

2.    Large windows (6 feet wide or wider) on the ground floor facing the water. Windows may be multi-paned.

3.    Simple building forms with sloped roofs.

4.    A simple palette of façade materials. Materials with texture such as wood or metal siding are encouraged.

Figure 18.120.420.B.6: Desired building characteristics in the Waterfront Sub-District.

f.    Entertainment.

i.    Description: The architectural design objective for the Entertainment Sub-District is to foster artistic and creative expression and create a hub of dining, nightlife, and the performing arts. Architectural elements in this Sub-District should focus on art, theatricality, imagination, with decorative night lighting and expressive detailing. Buildings (and streetscapes) should support entertainment and pedestrian activities, intimate but safe pedestrian spaces, consistent and inviting lighting, windows that put “eyes on the street,” and clear wayfinding.

ii.    Requirements: A building in the Entertainment Sub-District must feature at least three of the following design characteristics and elements:

1.    Expressive architectural style.

2.    Artwork placed at the street level or the exterior of the building.

3.    Pedestrian amenities in excess of what is required in OMC 18.120.450.

4.    Human-scaled elements with colorful accents.

5.    Unique or colorful lighting.

6.    Transparency into ground floor activities in excess of what is required by other sections of the Downtown Design Criteria.

Figure 18.120.420.B.7: Desired characteristics of buildings in the Entertainment Sub-District.

g.    Residential Neighborhood.

i.    Description. The architectural design objective for the Residential Neighborhood Sub-District is to create an urban residential neighborhood featuring a variety of residential types and building sizes. While architectural variety is important, emphasis is placed on ensuring the compatibility between old and new structures.

ii.    Requirements. Where permitted, new commercial and institutional buildings in the Neighborhood Residential Sub-District must be located and designed to minimize conflict with the Sub-District’s residential emphasis. In the Residential Sub-District all new multi-family projects with 5 or more units and all new commercial buildings must emphasize a pleasant human-scaled character by having at least 3 of the following design characteristics and elements:

1.    Residential building elements, such as porches, balconies, and enhanced entries.

2.    Design elements that show compatibility between old and new buildings. Project plans must identify potential impacts to existing residences and the design elements intended to mitigate such impacts. Side yard setbacks and step backs of upper stories may be necessary to protect the privacy of neighbors.

3.    Front yard setbacks with landscaping.

4.    A variety of materials, building elements, and roof forms.

5.    Human scaled elements beyond those required in OMC 18.120.450.B.1.

6.    Permanent façade materials such as brick, tile, or highly finished concrete. (This is most applicable to commercial buildings but is also appropriated for some residential structures.)

Figure 18.120.420.B.8: Desired building characteristics in the Residential Sub-District.

3.    Exceptions and opportunities for flexibility. The City may allow a building with a special civic purpose (such as a public building, assembly building, museum, or facility built for public activities) that does not meet the requirements of this section but contrasts with its neighbors to create a distinctive and high quality landmark.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Support the provisions of OMC chapter 18.12 and the Secretary of the Interior’s Standards for the Treatment of Historic Properties.

2.    Reinforce the historic character and pedestrian orientation of the Core Sub-District.

3.    Maintain the Downtown Historic District as the “heart” of the community.

4.    Allow new development with a contemporary design character provided new buildings do not detract from the overall historic character of the Downtown.

5.    Honor the historic scale and massing of downtown buildings, new construction should follow original parcel size and dimensions within the historic district.

B.    REQUIREMENTS

1.    Properties within the Downtown Historic District are subject to review detailed in Table 120.01 of this section.

2.    For the purposes of this section, a “substantial alteration” is defined as:

a.    Adding building stories, except that adding one story (e.g.: penthouse) that is setback at least fifteen feet from all facades of the building that face a public street (not an alley) is a minor addition.

b.    Adding new rooms, structures, or spaces to an existing building (not including an existing or former single-family residence) that are visible from a public street (not an alley).

c.    Adding structural building elements to the building façade facing a public street (not an alley) that alter the building’s exterior appearance, such as new alcoves, entries, storefronts, porches, balconies, windows, siding, etc.

d.    Adding any other element to a building visible from a public street (not an alley) that the City may identify as a substantial addition that is not identified as a “minor alteration” below.

3.    For the purposes of this section, a “minor alteration” is defined as:

a.    Adding new rooms, structures, or spaces to an existing building that are not visible from a public street (not an alley).

b.    Adding new rooms, structures, or spaces to an existing or former single-family residence.

c.    Adding one story (e.g., penthouse) to an existing building if the added story is setback at least fifteen feet from all facades of the building that face a public street (not an alley).

d.    Adding weather protection, such as a canopy, awning, or marquee, provided the addition meets all other applicable guidelines and regulations and when removed does not alter the exterior façade of the building.

4.    This section sets forth design requirements applicable to properties that are individually designated historic properties or that are within a designated historic register district. The process for review of these properties is shown in Table 120.01. If there is any inconsistency or conflict between the provisions in this chapter and OMC chapter 18.105 or OMC 18.12.090, the provisions of OMC chapter 18.105 and 18.12.090 apply.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Reduce the perceived scale of large buildings and add visual interest from all observable scales.

2.    Encourage development that is compatible with buildings on the same block in terms of “architectural scale.” A building’s apparent height and bulk may be reduced by articulating or modulating façades and other means as required by this section.

3.    Create a skyline that is visually interesting.

4.    Create clear and welcoming building entries.

5.    Add visual interest to buildings.

6.    Protect designated landmark views and to maintain light and air circulation.

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design Sub-Districts, except where otherwise provided. Note: Building elements or features used to meet the requirements in this section may also be used to concurrently meet the requirements in OMC18.120.450 (Human Scale Building Elements and Details) or OMC 18.120.460 (Pedestrian Oriented Façades and Weather Protection), or both, and vice versa, provided the elements or features are identified as options in the applicable sections.

1.    Façade articulation for commercial and mixed-use buildings and uses. In order to reflect the original plat divisions and to provide visual interest and variety for a pedestrian walking down a block, at least four of the following elements must be included, at intervals no greater than 30 feet, on the ground floor facades of all mixed-use or non-residential buildings facing either Type A Pedestrian Oriented Streets or Type B Pedestrian Oriented Streets and must be included on the ground floor facades of all above-grade structured parking and parking garages.

Exceptions: Façade articulation is not required in the Waterfront or Art/Tech Sub-Districts.

a.    Window fenestration patterns or entries (or both).

b.    Non-continuous weather protection features.

c.    Vertical piers, pilasters, or columns.

d.    Change in building material or siding style.

e.    Vertical elements, such as a trellis with plants, green wall, or art element.

f.    Vertical building modulation of at least 12 inches in depth combined with a change in roofline modulation pursuant to OMC 18.120.440.B.4 or a change in building material, siding style, or color. The top right example of Figure 18.120.440.B.1 illustrates this option.

g.    Built-in pedestrian amenities such as planters or seating.

h.    Other design techniques that effectively reinforce a pattern of small storefronts, individual businesses, or uses.

i.    Building modulation

j.    Roofline modulation pursuant to OMC 18.120.440.B.4.

Figure 18.120.440.B.1: Façade articulation examples: Upper buildings use substantial modulation, separate awnings, change in façade materials, and a window fenestration pattern. The lower left building features vertical piers, and a strong window fenestration pattern (note the articulated entry). The lower right image incorporates a roofline change, façade details, and vertical piers with ornamentation to effectively articulate the façade.

2.    Façade articulation for residential buildings and residential portions of mixed-use buildings. Residential portions of new buildings must include articulation elements at intervals no more than every 30 feet to break up the massing of the building and add visual interest and compatibility to the surrounding context. The building must have at least three of the following elements at intervals no greater than the width of the residential unit, facing the street, (typically 25-35 feet wide).

a.    Window patterns or entries or both.

b.    Change in roofline pursuant to OMC 18.120.440.B.4.

c.    Change in building material, siding style, or window fenestration pattern. (This option may not be used as an articulation option in the Core Sub-District.)

d.    Vertical building modulation of at least 12 inches in depth. Balconies may be used to qualify for this option if they are recessed or projected from the façade by at least 2 feet. “Juliet balconies” (balconies that are so shallow that they cannot be occupied) or other balconies that appear to be tacked on to the façade do not qualify. The depth of the modulation must be at least 3 feet if not accompanied by roof modulation or a change in materials.

e.    Vertical elements, such as a trellis with plants, green wall, or art element.

f.    Other design techniques that effectively break up the massing at no more than 30 foot intervals.

Exceptions: Façade articulation is not required in the Waterfront or Art/Tech Sub-Districts, regardless of use.

Figure 18.120.440.B.2: Examples of articulation of residential building façades. All examples use window fenestration and vertical building modulation elements. The upper examples use a mixture of material changes and detail components to further articulate the façades. In the lower left example, the balcony element’s mix of color, material, and projection are effective. The lower middle and right examples show a combination of materials, color changes, and building modulation.

3.    Maximum façade width. Building façades wider than 120 feet that face a public street or park must include at least one of the following elements to break up the massing of the building and add visual interest.

Exceptions: The City may exempt buildings in the Art/Tech Sub-District from the maximum façade width requirement where the applicant demonstrates to the City’s satisfaction that they require large spaces for fabrication, storage, industrial, or other special activities. Office and retail uses do not qualify for this exemption. Structured parking and parking garages are exempt from this section but are subject to OMC 18.120.490.

a.    Vertical building indentation at least 15 feet deep and 30 feet wide. For multi-story buildings, the modulation must extend through more than one half of the building floors.

Figure 18.120.440.B.3: Example of vertical indentation to visually break up the scale of a large building.

b.    A contrasting vertical modulated design element, such as a turret, glazed area, or set of columns or pilasters featuring all of the following:

i.    The element extends through all floors above the first floor fronting on the public street. Exception: upper floors that are set back more than 10 feet horizontally from the façade.

ii.    The element utilizes a change in building materials that contrasts from the rest of the façade.

iii.    The element includes roofline modulation pursuant to OMC 18.120.440.B.4

c.    A façade that includes different sections with contrasting articulation that make it appear like two or more distinct buildings. To qualify for this option, these contrasting façades must employ at least two of the following:

i.    Different building materials or configuration of building materials.

ii.    Contrasting window design (sizes or configurations).

iii.    Different ground floor articulation, entry features, and store front design.

iv.    One or more other measures approved by the City, if the applicant demonstrates to the City’s satisfaction that the measure satisfies the intent of this subsection.

Figure 18.120.440.B.4: Examples of architecturally dividing a façade into sections that give the impression of a composition of smaller buildings.

4.    Roofline modulation. In order to qualify as a façade articulation feature in OMC 18.120.440.B.2 and subsection 3, above, rooflines must have one or more of the following:

a.    Different roof heights. For flat roofs or façades with horizontal eave, fascia, or parapet, the minimum difference between the two sections of roofline or cornice must be 3 feet for one- and two-story buildings and 5 feet for buildings with more than two stories.

b.    A pitched roofline or gabled roofline segment. The pitched or gable roof must be at least 20 feet in width with a minimum slope of 4:12.

c.    An arched roof line or a roof with a special geometry or an unusual or distinctive roof element such as an arch, tower, clock, or similar feature as an articulating feature.

Figure 18.120.440.B.5: Three local examples meeting the criteria for roofline modulation.

5.    New buildings in the Residential Sub-District. New buildings in the Residential Sub-District must minimize shading and impacts to privacy for neighboring residences and must create a harmonious relationship between adjacent buildings and an attractive street front. To meet this requirement, the City may require a proposed building design to:

a.    Step back stories four and above up to 15 feet (dependent upon the shade study submitted by the applicant) from the allowed side and rear yard building wall in order to minimize shading to adjacent properties. This requirement is most applicable if the new building’s shadow extends 10 feet onto an adjacent property to the north or east when the sun’s angle is at 45 degrees from the horizontal.

b.    Replicate or approximate roof forms and pitch found on existing residential structures in the neighborhood.

c.    Have window patterns and proportions similar to those on existing residential structures in the neighborhood, provided they also meet OMC 18.120.450.B.4.

d.    Have building façade materials similar to those featured on existing buildings in the neighborhood. Such materials may be secondary or accent materials and need not cover the whole façade.

e.    Maintain a relationship to the street that reflects other buildings on the block. This may be by:

i.    Setting the building back a distance between the setbacks of buildings on either side of the project site.

ii.    Employing landscaping as described in OMC 18.120.340.B.5.

iii.    Use similar entry configurations (e.g. walks, porches, etc.) as found on adjacent properties.

iv.    One or more similar methods approved by the City, if the applicant demonstrates to the City’s satisfaction that the method satisfies the intent of this subsection.

6.    Modulation required to enhance views. In order to enhance the quality of adopted landmark views from designated observation points, vertical modulation is required on the west face of new buildings over four stories on the properties in the following blocks (modulation is not required on the bottom four stories):

a.    The block bound by Capitol Way, Washington Street, 8th Avenue, and 9th Avenue.

b.    The block bound by Franklin Street, Washington Street, 8th Avenue, and 9th Avenue.

c.    The block bound by Franklin Street, Washington Street, 9th Avenue, and 10th Avenue.

7.    If a building is located in one of the locations specified above for which vertical modulation is required, the vertical modulation must conform to the following:

a.    The west building façade must be articulated at intervals not greater than 60 feet measured horizontally.

b.    The west building façade must project out or in from the building face at least 5 feet in depth if the interval is 35 feet or less and 10 feet in depth if the interval is greater than 35 feet.

c.    The modulation must be accompanied by roof modulation or the projection must feature a change in materials or colors.

8.    A building located in one of the locations specified above for which vertical modulation is required that has west facing façades over 120 feet in length measured horizontally must have modulation projection of indentation at least 15 feet deep and 30 feet wide to break the building face into intervals of no more than 60 feet in width.

Figure 18.120.440.B.6: Modulation dimensional relationships for specific properties to enhance views. This diagram is for illustrative purposes. Refer to OMC 18.120.440.B.6, 7 and 8 for stated requirements.

9.    Multiple sided buildings. A buildings must have a consistent visual identity from all sides visible to the general public, except building walls adjacent to alleys and walls immediately abutting neighboring properties (such as firewalls). A Building must have a comparable level of quality of materials, detailing, color schemes, and fenestration on all sides visible to the general public.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

Generally, buildings attain a good human scale when they feature elements or characteristics—such as doors, porches, and balconies—that are sized to fit human activities. This section emphasizes use of building elements which are larger building features seen from a distance, and building details which are smaller human scaled elements. The requirements of this section are intended to enhance the human scale of buildings by:

1.    Providing attractive and welcoming building façades and pedestrian environments.

2.    Increasing the design quality of buildings when viewed close up (roughly within 80 feet of the building).

3.    Enhancing the quality of building façades.

4.    Providing the building with an appropriate human scale that adds interest and a sense of well-crafted quality.

5.    Adding interest to the streetscape for those traveling in vehicles, bicycles, and those on foot.

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design Sub-Districts. Note: Building elements or features used to meet the requirements in this section may also be used to concurrently meet the requirements in OMC 18.120.440 (Articulation, Massing, and Composition) or OMC 18.120.460 (Pedestrian Oriented Façades and Weather Protection), or both, and vice versa, provided the elements or features are identified as options in the applicable sections.

1.    Human scaled elements. New buildings on Type A Pedestrian Oriented Streets and B Pedestrian Oriented Streets, new buildings facing Capitol Way, a water body, or public park, and new buildings in the Core, Waterfront, and Residential Neighborhood Sub-Districts must have a minimum of four of the following human scale building elements.

Other new buildings for which the above paragraph does not apply must use at least two of the following human scale measures elements.

Human scale elements are:

a.    Balconies or decks on upper stories, if there is at least one balcony or deck per upper floor on the façades facing a public street (not an alley).

b.    Bay windows or other window treatments that extend out from visible facades of the building.

c.    At least 100 square feet of pedestrian oriented space, as described in OMC 18.120.330 (Pedestrian Oriented Open Space), for each 100 lineal feet of building façade facing a public street.

d.    Individual windows on the ground floor. Windows must be less than 32 square feet per pane with molding or trim around each window. Windows may not be in the same plane as the wall above or adjacent to them.

e.    A porch or covered entry on the façade facing a public street or public space.

f.    Spatially defining building elements, such as a trellis, overhang, canopy, or other element that defines space that can be occupied on the façade facing a public street or public space.

g.    Upper story setbacks, if one or more of the upper stories are set back from the facade of the building at a depth of at least 6 feet.

h.    Placement of smaller building elements near the entry of large buildings facing Type A Pedestrian Oriented Streets or Type B Pedestrian Oriented Streets. Figure 18.120.040.E.2.a illustrates how human scale can be achieved using elements such as multiple canopies, an extended cafe area, or upper deck.

i.    Landscaping components that meet the requirements of OMC 18.120.340 (Landscaping).

j.    Public art or hand-crafted or detailed ornamental signs that incorporate elements of a human scale (e.g., life size sculpture).

k.    Upper story windows with molding at least 4 inches wide or clusters of adjacent windows separated by molding (ribbon windows and curtain walls do not apply).

l.    One or more similar elements if the applicant demonstrates to the City’s satisfaction that such element meets the intent of this subsection.

Figure 18.120.450.B.1: Examples of elements that provide a human scale. Human scale elements include outdoor seating and furniture, landscaping, multi-paned windows, canopies, trellises, a porch, lighting fixtures, and traditional materials.

2.    Building entries. Building entries must have all of the following:

a.    All buildings must have a primary building entrance facing the street or opening onto a courtyard directly facing the public street. Exception: buildings that are situated immediately on a shoreline esplanade or public walkway must have a primary building entrance facing the shoreline.

b.    All primary building entries must be covered with weather protection at least 6 feet wide and 5 feet deep.

c.    All primary building entries must have lighting for visibility and security.

d.    Primary building entries within the Core, North Capitol Way, Business Corridor, Waterfront, and Entertainment Sub-Districts must be enhanced with at least two of the façade details required by OMC 18.120.450.B.3, below

3.    Façade details – non-residential and mixed-use buildings. All new buildings and all additions that change the character of an existing building or site must have at least one detail element from each of the three categories below (i.e. one from the “entry treatments” category, one from the “building façade details” category, and one from the “decorative or textural enhancements category”), as follows on all façades facing a public street or public space.

Exception: Ground-related residential units in mixed-use buildings are exempt from the requirements of this subsection.

a.    Entry treatments:

i.    Display windows divided into a grid of multiple panes.

ii.    Transom windows.

iii.    Roll-up windows or doors that promote outdoor activities.

iv.    Decorative entry door(s) or a recessed entry.

v.    Etched or stained decorative glass.

vi.    Multi-paned windows on upper stories (at least four panes per window).

vii.    One or more similar decorative or specially designed window or entry treatments if the applicant demonstrates to the City’s satisfaction that such treatment meets the intent of this subsection.

Figure 18.120.450.B.2: Examples of special window treatments. Note transom windows in the lower right image’s façade.

b.    Building façade details:

i.    Custom-designed weather protection element, such as a steel canopy, cloth, or retractable awning.

ii.    Decorative, custom sign or signs with bottom edge no more than 12 feet above grade.

iii.    Custom, decorative, or hand crafted artwork.

iv.    Decorative building-mounted light fixtures.

v.    Bay windows, trellises, towers, or similar elements.

vi.    One or more similar details or elements if the applicant demonstrates to the City’s satisfaction that such detail or element meets the intent of this subsection.

Figure 18.120.450.B.3: Examples of attractive building details including artwork, special lighting, interesting window patterns, special features, and pedestrian oriented signs.

c.    Decorative or textural enhancements:

i.    Use of decorative or textural building materials such as decorative use of brick, tile, or stonework.

ii.    Artwork on the building (such as a mural or mosaic).

iii.    Decorative kick-plate, pilaster, masonry beltcourse (a horizontal line of distinctive masonry), or other similar feature.

iv.    Hand-crafted material, such as special wrought iron or carved wood.

v.    Etched or stained decorative glass.

vi.    One or more similar elements if applicant demonstrates to the City’s satisfaction that such element meets the intent of this section.

Figure 18.120.450.B.4: Examples of unique use of materials that add façade interest. High quality materials are most important at the ground floor, particularly for commercial and mixed-use buildings in the Core, Waterfront, North, Business Corridor, and Entertainment Sub-Districts where façades are near sidewalks and more exposed to damage and vandalism.

4.    Window design. Buildings in all Downtown Sub-Districts, except the Art/Tech Sub-District, must use techniques to add quality and interest to fenestration on building facades. Whereas OMC 18.120.450 (Human Scaled Elements) is focused on storefronts, these requirement apply to upper story windows. At least one of the following techniques is required:

a.    Recess or project individual windows above the ground floor at least 2 inches from the façade or incorporate other design treatments that add depth, richness, and visual interest to the façade.

b.    Arrange the grouping of windows in a distinctive pattern.

c.    Multi-paned windows (more than four panes per window).

d.    Visually significant window trim or shading elements such as wider frames, lintels, or casings.

e.    One or more similar techniques if the applicant demonstrates to the City’s satisfaction that such technique meets the intent of this subsection.

5.    High Visibility Street Corners. For all developments located at High Visibility Street Corners as listed below and as identified on the map at Figure 18.120.140.A.1, a building or structure must be located within 15 feet of the street corner and must include corner design features approved by the City that accentuate the street corner. Corner design features include a cropped building corner with a special entry feature, decorative use of building materials at the corner, distinctive façade articulation, sculptural architectural element, or similar decorative element if the applicant demonstrates to the City’s satisfaction that such element meets the intent of this subsection. Alternatively, the building can be configured with a corner plaza. The following are High Visibility Street Corners:

i.    Intersection of Plum Street and Union Avenue – NE, NW, & SW corners.

ii.    Intersection of Plum Street and 4th Avenue – NE, NW, & SW corners.

iii.    Intersection of Plum Street and State Avenue – NE, NW, & SW corners.

iv.    Intersection of Plum Street and Olympia Avenue – NW & SW corners.

v.    Intersection of Plum Street at 8th Avenue – SE corner

vi.    Intersection of Union Avenue and Capitol Way – NE & NW corners.

vii.    Intersection of 5th Avenue and Water Street – NE & SE corners.

viii.    Intersection of 4th Avenue and Water Street – NE & SE corners.

Note: Figure 18.120.450.B.5 illustrates acceptable examples.

Figure 18.120.450.B.5: Examples of acceptable corner treatments with large scale building elements. Olympia City Hall features a curved glass curtain wall and landscaping. The lower middle example breaks down the building massing to a human scale and adds a corner entrance and canopy

(Ord. 7244 §1 (Exh. A), 2020).

A.    BACKGROUND AND INTENT

Requirements in OMC 18.120.220.C, D, and F include provisions for “Pedestrian Oriented Façades” on designated Type A and Type B streets and for buildings on sites directly fronting the waterfront. This section establishes the requirements for such Pedestrian Oriented Façades. The requirements of this section are intended to:

1.    Provide a consistently interesting pedestrian environment.

2.    Encourage walking.

3.    Strengthen retail activities in the Downtown.

4.    Allow pedestrians to view the inside activities of businesses and associated non-residential uses.

5.    Provide accessible ground floor space that is adaptable to a variety of uses.

6.    Increase safety by adding “eyes on the street.”

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design Sub-Districts:

1.    Where Pedestrian Oriented Façades are required pursuant to OMC 18.120.220.C, D, or F, the building must have all of the following:

a.    Transparent window areas or window displays over at least 75 percent of the ground floor façade between 2 feet and 8 feet above the sidewalk. The windows must look into the building’s interior or be configured as merchandise display windows. Windows that look into service or storage areas or other similar service-oriented rooms do not satisfy this transparent window area or window display requirement.

Exception: For special purpose buildings not used primarily for the sale of merchandise, such as theaters, an alternate solution to providing an interesting pedestrian experience may be utilized if the applicant demonstrates, to the City’s satisfaction that the alternate solution meets the intent of this section. Buildings housing offices, banks, or restaurants do not qualify for this exception because such buildings can provide the required transparency without compromising their functions. If the applicant’s proposal includes windows that are not fully transparent to satisfy this requirement, the alternative materials must be approved by the City.

b.    A primary building entry facing the public street front as required by OMC 18.120.450.B.2.

c.    Weather protection (e.g. canopy, awning, or other cover from the rain) at least 5 feet wide over at least 65 percent of the front façade. The weather protection must be located between 8 feet and 15 feet above grade unless the applicant demonstrates to the City’s satisfaction that there is a compelling reason to allow a deviation from this height requirement.

d.    A ground floor height of at least 15 feet. If the applicant demonstrates to the City’s satisfaction that there are special conditions, such as the provision of a mezzanine, the City may waive this interior height requirement.

Exceptions: Another method for providing an attractive ground floor building front may be approved by the City if the applicant demonstrates to the City satisfaction that such method meets the intent of this subsection.

Figure 18.120.460.B.1: An example of a pedestrian oriented façade.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to:

1.    Encourage the use of durable, high quality, and urban building materials that minimize maintenance cost and provide visual interest from all observable vantage points.

2.    Promote the use of a distinctive mix of materials that helps to articulate façades and lends a sense of depth and richness to the buildings.

3.    Place the highest priority for the quality and detailing of materials on the first two to three building floors.

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design Sub-Districts:

1.    Quality building materials. All building façades must be constructed of high quality durable materials. At a minimum, stone, masonry, or architectural concrete must be used (excluding window and door areas) for first floor building exterior cladding on all non-residential or mixed-use buildings. Surfacing materials on building facades facing Type A Pedestrian Oriented Streets, Type B Pedestrian Oriented Streets, and Type C Streets are subject to City approval under OMC 18.120.220.C, D, and .E.

2.    Flood proofing. If there is an unavoidable conflict between the guidelines in OMC chapter 18.120 and the City’s requirements for flood proofing to address sea level rise, the flood proofing requirements apply.

3.    Specific material limitations. Buildings must meet the following conditions and limitations for the use of concrete block, metal siding, panel systems (e.g. Hardiplank or Hardie Board), exterior insulation, and finish system (EIFS) cladding.

a.    Concrete block (a.k.a. CMU) may be used as indicated in the Permitted Materials Chart in OMC 18.120.470.B.4 if special enhancements such as tile, special finishes and colors, or some other approach approved by the City are included to add a combination of textures or colors (or both).

Figure 18.120.470.B.1: Tile used as an appropriate CMU enhancement. Combining split or rock-façade with other masonry or colored tile units with smooth blocks can create distinctive patterns.

Figure 18.120.470.B.2: The above façade illustrates an acceptable alternative example, as CMU is used as the primary cladding material. Note the use of split-façade CMU above each of the awnings coupled with the use of smooth-façade CMU’s on the vertical columns (which employ black accent tiles for added interest).

b.    Metal siding may be used as indicated in the Permitted Materials Chart in OMC 18.120.470.B.4 if it is incorporated with other permitted materials and complies with the following:

i.    The metal siding has visible corner molding and trim and does not extend to the ground level of non-residential and mixed-use buildings and extends no lower than 2 feet above grade for residential buildings. Masonry, concrete, or other durable material must be incorporated between the metal siding and the ground.

ii.    The metal siding must be factory finished with a matte, non-reflective surface.

iii.    Where the metal siding is the primary or secondary siding material on upper floors, the layout of the panels must be coordinated with the location and patterns of windows, balconies, and modulated building surfaces to provide an integrated appearance.

Figure 18.120.470B.3: Metal siding used appropriately in combination with other materials.

c.    The use of Exterior Insulation and Finish System (EIFS) is prohibited.

d.    Cement board paneling or siding (e.g. Hardie Plank) may be used where indicated in the Permitted Materials Chart in OMC 18.120.470.B.4. If cement board paneling or siding is the primary or secondary material, the paneling or siding joints must be arranged in a pattern that is consistent with windows, balconies, and modulated building surfaces and the cement board paneling or siding must be enhanced with façade details that add visual interest from the ground level and adjacent buildings.

Exception: The requirement above for the arrangement of the cement board paneling or siding does not apply in the Art/Tech Sub-District.

4.    Sub-District specific materials requirements. The following chart identifies where materials are permitted in each of the Downtown Design Sub-Districts according to the following markings:

a.    The color green indicates the material is generally acceptable in the Sub-District. Yellow indicates there are some conditions or limitations for using the material. Red indicates the material is not permitted in that Sub-District.

b.    “Primary material” means any single material that covers more than 35 percent of the façade.

c.    “Secondary material” means any single material that covers 35 percent or less of the façade.

d.    “Accent material” means any single material used for a small building element such as a door, canopy, weather protection, light fixtures, cornice, trim (e.g. window trim), signs, or artwork.

e.    Legend:

P = Permitted as a primary, secondary, or accent material

S = Permitted as a secondary or accent material

A = Permitted as an accent material

N = Not permitted

C = Conditional (see below)

f.    “C” means that the material may be permitted but the City may require added conditions in order to ensure the durability and quality of materials provide a high level of design, construction, finish, and increase consistency with the desired design character for Sub-Districts as described in OMC18.120.420.

g.    The City may allow materials otherwise prohibited or not listed if the applicant can demonstrate to the City’s satisfaction that the material is durable, appropriate for the proposed purpose and application, and meets the objectives of this section.

5.    Building color. Bright, highly saturated colors such as red, yellow, orange, bright green, bright blue, purple, and black may be used only as accent colors on small architectural features such as a door, canopy, weather protection, light fixtures, cornice, trim (e.g. window trim), signs, or artwork.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The intent of limiting blank walls and requiring blank wall treatments is to:

1.    Ensure that large expanses of uniform walls visible from a public street or public park do not detract from the Downtown’s appearance or the pedestrian environment.

2.    Add interest to local streetscapes.

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design Sub-Districts:

1.    New blank walls. A blank wall, as defined in 18.120.120.B, facing a public street, pedestrian oriented space, common usable open space, or pedestrian pathway is prohibited unless treated as provided in this section. For a large blank walls, visible from a public street, pedestrian oriented space, common usable open space, or pedestrian pathway, more than one type of treatment may be required to meet the blank wall treatment requirements of this section. The following blank wall treatments satisfy the requirements of this section:

a.    Display windows at least 16 inches of depth to allow for changeable displays. “Tack-on” display cases do not qualify as a blank wall treatment.

b.    A vertical trellis in front of the wall with climbing vines or plant materials.

c.    Building detailing that adds visual interest at a pedestrian scale. Such detailing must use a variety of surfaces.

d.    Artwork.

One or more other blank wall treatments may be approved by the City if the applicant demonstrates to the City’s satisfaction that such treatment or treatments satisfy the intent of this section.

Exceptions:

i.    The City may waive or relax the blank wall treatment requirements of this section for a development in the Art/Tech Sub-District if the proposed wall does not face a Type A Pedestrian Oriented Street or Type B Pedestrian Oriented Street, is not visible from a public street, pedestrian oriented space, common usable open space, or pedestrian pathway, and is not within 300’ from Plum Street NE, Union Ave SE, Capitol Way, or 4th Ave SE.

ii.    The blank wall treatment requirements of this section do not apply to existing blank walls where improvements are not proposed.

Figure 18.120.480.B.1: Examples of blank wall treatments.

(Ord. 7244 §1 (Exh. A), 2020).

A.    INTENT

The requirements of this section are intended to minimize negative visual impacts of parking garages or above grade structured parking in buildings.

B.    REQUIREMENTS

The following requirements apply to all new development or substantial redevelopment in all Downtown Design Sub-Districts. These requirements apply to all above-grade structured parking including above-grade parking within buildings as well as stand-alone parking garages.

1.    General requirements.

a.    Above-grade structured parking and parking garages must be designed to obscure the view from the ground of cars parked in the structured parking or garage. This does not require opaque screening that would create security issues in conflict with OMC 18.120.280.

b.    Where the wall of the structured parking or garage is within 10 feet of the sidewalk edge, the grade level façade of the structured parking or garage must have a combination of artwork, grillwork, special building material, design, or other treatments as approved by the City that enhance the pedestrian environment. Small setbacks with terraced landscaping elements are design elements that can be effective in softening the appearance of structured parking or parking garage.

c.    Above-grade structured parking and parking garages must have articulation treatments (not necessarily building modulation) that break up the massing of the parking structure or parking garage and add visual interest as described in OMC 18.120.440.B.1.

Exception: Structured parking and parking garages screened from public roadways by a building (i.e. a building located between the garage and the public street) are not required to comply with the above requirements.

2.    Lighting requirements: Structured parking and parking garage lighting must be shielded to minimize or prevent direct view of light bulbs from the street level or sidewalk.

Figure 18.120.490.B.1: The sides of the parking garages include decorative grillwork and landscaping to enhance the pedestrian environment. The photo on the right shows the use of artwork to obscure view of parked cars.

Figure 18.120.490.B.2: This building uses openings on its second level parking area to resemble windows.

Figure 18.120.490.B.3: Design parking garages to obscure the view of parked cars. Note the landscaping that separates the garage from pedestrians.

(Ord. 7244 §1 (Exh. A), 2020).

A.    REQUIREMENTS:

1.    Primary building entries, storefront windows, and building facades shall face the street, create a continuous row of storefronts along the street frontage, and provide direct access from the street to the building with close pedestrian access to the nearest bus stop. In the case of multifamily housing or townhouse projects, stoops and porches or distinctive entryways can substitute for commercial storefront window openings.

2.    In the case of buildings at corners of street intersections, this requirement applies to both street frontages. An entrance at the corner would meet this requirement.

3.    In General Commercial and HDC-4 zones west of Yauger Way, single story or single use commercial retail space shall not occupy more than 60,000 square feet of enclosed building space on the ground floor, unless a development agreement is approved. These buildings shall be designed and oriented to provide for pedestrian and bicycle circulation throughout the site and to adjacent buildings and properties. A building larger than 60,000 square feet can be allowed when it is not directly adjacent to a street designated as an “A” street in the Pedestrian Street Overlay and if a development agreement is approved that at a minimum addresses:

1)    Building orientation, massing, and use of high quality materials

2)    Parking is located to the rear or side of the building, or is separated from the street by additional retail buildings

3)    Pedestrian, bicycle, and vehicular circulation on site and connections to adjacent properties

4)    Community assets, such as the multi-use trail identified in the Kaiser Harrison Opportunity Area Plan

4.    For HDC zones west of Yauger Way, where a local transit route does not exist, meet with the local public transit provider to ascertain the viability of developing a bus stop for the site. Provide improvements for a future bus shelter if the future route and bus stop locations are generally known and applicable to the project site. The improvements shall be constructed to City and transit provider standards and sized to allow for the future installation of a transit shelter and related appurtenances, such as transit signage and refuse collection.

5.    HDC-4 exceptions: The following exceptions apply if excellent pedestrian connections to the HDC street are provided:

a.    Building entries need not face the HDC street edge but may be located on the corner, off a publicly accessible pedestrian plaza or on the side of the building. All other applicable design guidelines apply.

b.    Hotels and multifamily developments may be set back greater than 10 feet provided that the setback area does not include parking.

c.    Setbacks may be increased where street improvements do not exist or where they do not provide the separation from vehicles as described in the Development Guidelines and Public Works Standards (Street Standards) to include the additional distance required by those standards for sidewalk and planter strips. The setback area may not include parking.

B.    GUIDELINES:

1.    Locate service and delivery entries in the rear whenever possible.

2.    On transit routes, site design should accommodate transit bus stop zones as may be needed, including:

a.    in-lane bus stop(s) or possible stop pullout(s),

b.    ADA accessible pedestrian pathways,

c.    shelter and/or provision for cover to help reduce pedestrian exposure to the elements, and

d.    other amenities such as such as lighting, benches, or information kiosks.

3.    Where a transit route does not exist, meet with the local public transit provider to ascertain the viability of developing a bus stop for the site.

FIGURE 18.130.020-A

FIGURE 18.130.020-B

(Ord. 7032 §9 (Exh. H), 2016; Ord. 6417 §2, 2006; 6306 §5, 2004).

A.    REQUIREMENT: Where visible to pedestrians, walls over thirty (30) feet in length shall be modulated and building elements shall be articulated. Orient buildings and locate windows to provide privacy, to the extent practical, both within the project and to the adjacent residential neighborhood.

B.    GUIDELINES:

1.    Provide vertical and horizontal modulation in the facade;

2.    Provide features that identify a clear base to the building;

3.    Provide recessed entries;

4.    Provide awnings, canopies, marquees, building overhangs, or similar forms of pedestrian weather protection. Such elements should be at least four and one half (4-1/2) feet wide and cover at least eighty (80) percent of the length of buildings, including entries, which abut a pedestrian walkway, subject to Section 18.06.080, Commercial Development Standards.

5.    Use fenestration;

6.    Vary roof lines; use dormers;

7.    Provide porches or balconies.

FIGURE 18.130.030-A

FIGURE 18.130.030-B

(Ord. 7032 §9 (Exh. H), 2016; Ord. 6306 §5, 2004).

A.    REQUIREMENT: Locate parking behind or on the side of buildings. On corner lots, parking shall not be located on the corner. Minimize curb cuts and provide landscaping, berms and/or low walls for screening.

(See also Section 18.38.200, Parking Facility Location.)

FIGURE 18.130.040-A

FIGURE 18.130.040-B

FIGURE 18.130.040-C

(Ord. 7032 §9 (Exh. H), 2016; Ord. 6306 §5, 2004).

A.    REQUIREMENT: In HDC 1 and 2 districts, buildings shall include similar details to one of the historic building types as found on the corridor and in the adjacent neighborhoods. Orient buildings and locate windows to provide privacy, to the extent practical, both within the project and to the adjacent residential neighborhood. In the case of multifamily housing or townhouse projects, stoops and porches or distinctive entryways can substitute for commercial storefront window openings.

B.    GUIDELINES:

1.    Craftsman design may include:

a.    Wide pitched roofs with broad overhangs;

b.    Visible structural detail such as rafter tails and knee brackets;

c.    Heavy porch columns;

d.    Deep covered porches;

e.    Broad, horizontal lines.

2.    Vernacular design may include:

a.    Gable roof;

b.    Horizontal clapboard exterior material;

c.    Vertical windows;

d.    Minimal detailing.

3.    Tudor design may include:

a.    Steeply pitched gabled or hipped roofs and cross-gables;

b.    Stone, stucco or brick (sometimes with decorative patterns);

c.    Arched doorways;

d.    Tall, vertical proportions.

FIGURE 18.130.050-A (Craftsman)

FIGURE 18.130.050-B (Vernacular)

FIGURE 18.130.050-C (Tudor)

(Ord. 7032 §9 (Exh. H), 2016; Ord. 6306 §5, 2004).

A.    Pedestrian Streets - 4th Avenue West and Kenyon Street. (Pedestrian Street Requirement does not apply to existing mall vehicular circulation.)

1.    Building Frontages. Buildings are required to front the sidewalk and be a minimum of 20 feet in height. The building facades shall convey an urban character and include significant retail office storefronts at the ground level. (Building frontage requirement does not apply to below grade structures.) No less than 60% of the street-level building facade, between 2 feet and 8 feet above grade, shall be transparent storefront. Mixed-Use development, including residential and office uses, is encouraged on upper levels. Variations from the setback are allowed in order to encourage unique storefront building design features, and to create plazas. Canopies, arcades and/or colonnades shall be provided as overhead weather protection.

2.    Interim Surface Parking Allowance. Interim surface parking is allowed along 4th Avenue W and Kenyon Street as long as minimum 20 foot sidewalk / landscape area (see required sidewalks below) is provided. The area within 60 feet of the sidewalk/landscape link should be planned for future infill development. The planning of this area shall be reviewed by the Design Review Board for consistency with Pedestrian Street requirements, other design standards and street slope conditions along 4th Avenue W. and Kenyon Street.

3.    Required Sidewalks. 15 foot sidewalk with street trees when building faces street; (Staff note: Current major commercial collector street standards include a 10 foot sidewalk. Urban designers suggest that a wider sidewalk is necessary where a retail/commercial storefront is combined with a canopy and street tree.) 20 foot linkage when parking lot faces the street. The linkage will include a 10 foot sidewalk and a 10 foot landscaped planter. See street cross section illustrations. (This allows for development of full street improvements when buildings are developed that face the street edge.)

B.    Building Focal Points. A focal point, including tower elements and entryway features shall enhance street intersections, plaza areas and mall entry points. (Renovation of existing mall entries shall not be required when minor renovations - such as a new coat of paint or new signage - or interior remodeling by tenant or anchor store are constructed within existing building envelope.) Renovated exterior entry and new mall entries shall include significant entry features, retail facades, display windows and streetscape elements to enhance the pedestrian experience, improve safety, and encourage walking between uses in the area.

C.    Transit Facility. A Transit stop or facility shall be integrated into the Capital Mall Area. It shall be located to provide a direct link to the shopping mall while supporting transit plans for the area. Transit stop or facility location can change as mall area expansion occurs over time. Transit routing through the site to the facility shall be designed to reduce conflicts with customer vehicles and parking. Transit stops will: a) be a short walking distance to the significant building entrance, b) be located at a safe and attractive location, c) be weather protected, d) include amenities such as benches and illumination, e) have adequate space to accommodate transit arrivals and departures and, f) be efficiently integrated into a transit route.

D.    Significant Building Entry. At the north side of the mall a significant entry shall be provided. (Development of this site feature is required when expansion on the north side of the Capital Mall Area meets or exceeds a cumulative total of 100,000 SF of new floor area). It is recommended that the Significant Building Entry be oriented toward Kenyon Street. The design of this entry shall include a tower element that is visible from intersection of Black Lake Blvd. and Capital Mall Drive. This element is allowed to extend up to 30 feet beyond the height limit. The feature tower shall be subject to Design Review Board approval based on design appropriateness and compatibility with overall shopping center renovation design.

E.    Urban Plaza. An urban plaza shall be located in the general area shown on the attached diagram. (Development of this site feature is required when expansion on the north side of the Capital Mall Area meets or exceeds a cumulative total of 100,000 SF of new floor area.) The plaza shall be integrated with a Significant Building Entry.

F.    Pedestrian Linkages. Increments of new development, including parking lot expansion, shall include landscaped illuminated walkways or paths that link the new mall development to surrounding commercial development, allowing people to walk or bike through parking areas safely and conveniently. (Pedestrian linkages shall be added and integrated into any parking lot expansion consistent with UDC Chapter 18.36 Landscaping and Screening regulations.) The intent is that pedestrian linkages and parking lot improvements be made incrementally as building improvements are made--not to require the entire mall parking lot to be improved at once but in proportion to the amount of mall area being developed.

G.    Site Access Points. These would create an urban block pattern along 4th Avenue by locating intersecting streets or pedestrian paths between buildings. (The Site Access Point may be connected to parking or internal circulation in the mall, but not impose block pattern to the mall as long as adequate vehicle and illuminated pedestrian connections are maintained to the surrounding High Density Corridor street network.) These shall be developed incrementally when buildings are added in the Capital Mall area and when 4th Avenue street improvements are made.

FIGURE 18.130.060-A

FIGURE 18.130.060-B

FIGURE 18.130.060-C

(Ord. 7032 §9 (Exh. H), 2016; Ord. 6417 §3, 2006; 6306 §5, 2004).

A.    REQUIREMENT: Development in this design district shall be residential in scale and shall have similar design elements of single-family residential neighborhoods.

Alternative Requirement: The Hearing Examiner may consider alternative requirement and guidelines, pursuant to Conditional Use Permit Hearing Examiner Approval (OMC 18.70.180) and Parking Facility Location 18.38.200(B)(2)(a-g), when a Conditional Use Permit is required (the building is over 5,000 square feet and located in a residential R4; R4-8 and R6-12 district) and the surface parking lot is located in the front and/or along the side of buildings.

B.    GUIDELINES:

1.    Building Orientation

a.    Maintain the established distance from the existing buildings to the back of the sidewalk (or see Alternative Guideline 6 below).

b.    Buildings should be located so that the front door faces the main street.

c.    Buildings on corner lots should front on both streets (or see Alternative Guideline 6 below).

2.    On-Site Parking

a.    Avoid locating parking in the front yard. (or see Alternative Guideline 6 below and Section 18.38.200, Parking Facility Location.)

b.    Corner parking lots are discouraged (or see Alternative Guideline 6 below).

c.    If parking is provided under the building, leasable building space should be provided where the building fronts the sidewalk.

d.    Provide smaller parking lots and driveways with stacked parking (up to three (3) deep) where feasible.

e.    Include surface storm water treatment facilities in the parking lot design. (See Section 18.36.060(J), Storm water Pond and Swales.)

3.    Parking Lot Screening

a.    Plant hedges for screening.

b.    Use wood fencing with a residential character to act as a backdrop for the plantings.

c.    Screen parking and service areas from adjacent residential properties.

4.    Physical Context

a.    Maintain continuity with adjacent residential neighborhood through the use of similar setbacks, or site arrangement (or see Alternative Guideline 6 below).

b.    Accommodate the topography in site planning; include low rock walls, planted slopes and other details from residential landscape.

c.    Minimize the use of retaining walls.

5.    Consolidation with Adjacent Development

a.    Encourage shared parking where possible.

b.    Encourage shared service areas where possible.

c.    Limit curb cuts by using shared vehicular access with adjacent property where feasible.

6.    Alternative Parking Lot and Building Guidelines for large buildings located in residential districts which require a Conditional Use Permit and are bounded on two or more street frontages:

a.    The building should be oriented to have the least impact on the neighborhood;

b.    Parking lot landscape and screening should clearly exceed the provisions set out in OMC 18.36.180 to effectively screen it from the street (See also Alternative landscape plans OMC 18.36.100(A & B));

c.    Bicycle/pedestrian facilities should provide safety, convenience, security and weather protection and clear connections for pedestrians and bicycles between all rights-of-way adjoining the parking area and the front door;

d.    Outdoor lighting should be designed with regard to placement, intensity, shielding, timing, duration and color to avoid off-site spillover.

e.    Site design should provide landscape or other features to screen vehicular headlights from residences.

(Ord. 6858 §4, 2013; Ord. 6306 §6, 2004).

A.    REQUIREMENT: New buildings adjacent to historic structures or to residential neighborhoods, shall appear to have similar scale and design elements as the neighboring buildings.

B.    GUIDELINES:

1.    Building shapes and forms should have:

a.    Modulation of facades into house-size segments.

b.    Residential scale building modules similar to adjacent buildings.

c.    Similar facade proportions to those on neighboring buildings.

d.    Residential scale building components such as porches, decks, and balconies.

e.    A roof configuration which reflects traditional residential structures and is pitched such as gable, hip, or shed.

2.    Building fenestration and detailing may include some of the following:

a.    Smaller window sizes with multi-pane glazing,

b.    Overhangs/soffits,

c.    Building ornamentation,

d.    Dormers, balconies, and

e.    Decks, porches, and clearly defined entries facing the street.

3.    Building Size, Height and Bulk:

a.    Use building stepbacks on upper levels, curved or articulated surfaces, recessed entries, roof lines, pitches and shapes, similar to those in the surrounding area.

b.    Buildings should be not taller than two stories if adjacent residential or commercial buildings are two stories or less.

FIGURE 18.135.030

(Ord. 6306 §6, 2004).

A.    REQUIREMENT: Unify, soften and screen commercial or multifamily projects through the use of informal landscaping. (See also Chapter 18.36, Landscaping and Screening.)

B.    GUIDELINES:

1.    Incorporate unique existing trees into the landscape design.

2.    Use a wide variety of plants in informal arrangements.

3.    Use layering to promote informality with a variety of plants with differing mature heights.

4.    Use plants or trees which have seasonal color.

FIGURE 18.135.040

(Ord. 6306 §6, 2004).

A.    REQUIREMENT: Provide convenient access to the site for vehicles and pedestrians.

B.    GUIDELINES:

1.    Orientation. Building entries should face the primary street adjacent to the project; an additional entry should face the parking.

2.    On-Site Parking.

a.    The majority of parking should be located on the side of buildings or in rear, where possible. (See also Section 18.38.200, Parking Facility Location.)

b.    Landscaped cart corrals should be placed throughout the project so that parking spaces are not used to store shopping carts.

3.    Physical Context. Where there is no conflict with the Washington State Barrier Free Rules, retain existing grades by utilizing changes in grade for terracing of structures and parking.

4.    Consolidation.

a.    Multiple entries to the site should be consolidated.

b.    Higher density development is encouraged.

c.    Parking structures and multi-story buildings can be used.

d.    Use mixed-use commercial and residential developments.

FIGURE 18.140.020

(Ord. 6306 §7, 2004).

A.    REQUIREMENT: Use plants as screening, canopy, and space-defining elements. (See also Chapter 18.36, Landscaping and Screening.)

B.    GUIDELINES:

1.    Screen parking areas from the street and adjacent residential development. except automobile sales display lots and officially designated park-and-ride lots. These lots should provide landscaping in the form of plantings and/or berms to a height of twenty-four (24) inches above sidewalk grade.

2.    Repeat landscape material throughout the project to unify the development.

3.    Choose landscape materials which are easily maintained.

4.    At minimum, plant two and one half (2.5) inch caliper trees.

5.    Surface stormwater treatment facilities should be landscaped.

FIGURE 18.140.030

(Ord. 6306 §7, 2004).

A.    REQUIREMENT: Provide landscape screening adjacent to the freeways where development is visible to motorists passing through the City of Olympia. A ten (10) foot minimum landscaping buffer adjacent to the freeway is required. The landscaping buffer shall consist of evergreen or a combination of approximately forty five (45) percent evergreen and thirty (30) percent deciduous trees interspersed with large shrubs and ground cover. A site-obscuring fence may be required if it is necessary to reduce site specific adverse impacts. Tree, shrub, and groundcover spacing shall be appropriate for the species type and consistent with the intent of the landscaping chapter (OMC 18.36).

B.    GUIDELINE:

1.    Landscape screening may include plant materials, fences, berms, and walls.

2.    The use of existing native vegetation is encouraged.

(Ord. 7184 §5 (Exh. E), 2019; Ord. 6704 §1, 2010; Ord. 6306 §8, 2004).

A.    REQUIREMENT: Eliminate glare onto the freeways from security lighting and site lighting. (See Section 18.40.060(D), Lighting.)

B.    GUIDELINE:

1.    Use the following techniques to prevent spillover lighting glare:

a.    Use cut-off lenses to prevent light from shining off site.

b.    Locate light fixtures to avoid spillover lighting onto freeways.

FIGURE 18.145.030

(Ord. 7184 §5 (Exh. E), 2019; Ord. 6306 §8, 2004).

A.    REQUIREMENTS:

1.    Locate lighting so that it does not shine off site into adjacent buildings or onto the water.

2.    Maintain dark skies to the extent possible and avoid glare over the water by shielding lighting.

(Ord. 6306 §9b, 2004).

A.    REQUIREMENT: Site buildings to avoid blocking views of the water from the view corridors formed by east-west public rights-of-way that connect with West Bay Drive.

FIGURE 18.155.040

(Ord. 6306 §9b, 2004).

A.    REQUIREMENT: Use design elements for West Bay Drive that invoke its waterfront heritage.

B.    GUIDELINES:

1.    Reflect traditional Pacific Northwest waterfront post-and-beam and wood frame architecture by using simple forms characterized by wood detailing, and incorporating additions, sheds, canopies, dormers and awnings.

2.    Choose among or blend a variety of traditional materials and details used in waterfront industrial sites in the Pacific Northwest, including painted or stained wood siding (e.g., shingles, shiplap, board-and-batten, or clapboard), corrugated metal siding, wood windows, and wood trim.

3.    Use traditional sloping roof forms of at least a 3:12 pitch wherever possible in lieu of flat roofs. Roof areas should be modulated by dormers, cross-gables or cupolas to break up continuous roof lines. These features should be of a similar style, material, and color as the main roof and should be visible from the street level of West Bay Drive. Use wood shakes, wood or composition shingles, standing-seam metal roofing, or similar materials.

4.    Use subdued natural tones within an historic color palette for the base colors for buildings in this area. Trim and fenestration colors may be vibrant.

FIGURE 18.155.050

(Ord. 6306 §9b, 2004).

A.    REQUIREMENT: Use design elements to maintain a human scale on West Bay Drive and on the West Bay Urban Trail. (See 18.21.080 for guidelines.)

Design elements shall be applied to all sides of the structure that are visible to the public.

B.    GUIDELINES:

1.    All elevations should be provided with windows and doors wherever practical.

2.    Windows should face unique site conditions such as sun and view exposure.

FIGURE 18.155.060

(Ord. 6306 §9b, 2004).

A.    REQUIREMENT: Orient buildings and locate windows to provide for privacy, to the extent practical, both within the project and for the adjacent or abutting residential neighborhood.

FIGURE 18.155.070

(Ord. 6306 §9b, 2004).

A.    REQUIREMENT: Incorporate existing topography and mature trees in the project design to the extent feasible.

B.    GUIDELINES:

1.    Minimize encroachment into areas of site containing steep slopes.

2.    When grading is necessary, minimize impacts to natural topography through use of contour grading.

3.    Locate buildings so that rooftops do not extend above the natural bluff.

4.    Minimize encroachment into areas of site containing mature tree stands.

5.    To facilitate stormwater infiltration, minimize disturbance of natural open space areas.

6.    Design buildings with continuous perimeter foundations; avoid cantilevering large portions of the building over slopes.

FIGURE 18.170.010

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Integrate the project with the existing neighborhood through pedestrian and vehicular connections. Provide attractively designed pedestrian and vehicular connections to adjacent public rights-of-way, including any existing or planned bus stops. Provide adequate pedestrian and vehicular access to site features such as mailboxes and other shared facilities.

B.    GUIDELINES:

1.    Mark pedestrian pathways with vertical plantings.

2.    Distinguish pedestrian pathways through use of surface material such as colored concrete or special pavers.

3.    Provide internal pedestrian connections (apart from public rights-of-way) between project and adjacent properties.

4.    Provide barrier-free pedestrian access to all shared facilities such as mailboxes, recreation centers, and open space areas.

5.    Provide parking and bicycle parking at shared facilities.

FIGURE 18.170.020

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Reduce the visual impacts of driveways and parking lots on pedestrians and neighboring properties by constructing parking facilities with materials that match or complement the building materials.

B.    GUIDELINES:

1.    Break-up large parking lots by designing significant landscape areas with walkways for pedestrian access.

2.    Share driveways with adjacent property owners.

3.    Minimize width of driveways linking the project to the public right-of-way.

4.    Landscape areas along all driveways and drive aisles that are visible from the street.

5.    Limit parking lots on street frontage to thirty (30) percent of the street frontage.

6.    Screen parking lots or structures adjacent to residential properties with a landscape area at least ten (10) feet wide.

FIGURE 18.170.030-A

FIGURE 18.170.030-B

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Provide usable open space for use by residents of the development that is not occupied by buildings, streets, driveways, or parking areas. Usable open space shall include a minimum dimension of ten (10) feet with an overall grade of less than ten percent (refer to each zoning district for specific open space requirement).

B.    GUIDELINES:

1.    Situate playground areas in locations visible from residential buildings.

2.    Provide a mix of passive and active recreation areas. Active recreation areas may include facilities such as sport courts or swimming pools.

FIGURE 18.170.040

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Minimize the use of fences that inhibit pedestrian movement or separate the project from the neighborhood. Front yards shall be visually open to the street. Where fencing is used, provide gates or openings at frequent intervals. Provide variation in fencing to avoid blank walls.

B.    GUIDELINES:

1.    Provide variation in fencing though use of setbacks, or stepped fence heights.

2.    Provide variation in texture, color or materials to add visual interest.

3.    Provide landscape screening to break up expanses of fencing.

4.    Repeat use of building facade material on fence columns and/or stringers.

5.    Provide lighting, canopies, trellises, or other features to add visual interest.

FIGURE 18.170.050

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Select plants that are compatible with available planting conditions. In particular, ensure that trees will be suited to the planting location at their natural mature size. Avoid use of species that have a high potential to invade or disrupt natural areas.

B.    GUIDELINES:

1.    Provide visual continuity with the existing streetscape by coordinating tree and shrub species with established, healthy landscaping.

2.    When choosing a tree species, consider the size of the tree at maturity in relation to: the dimensions of the planting area, the soil type and water holding capacity of the soil, and the depth of the planting bed.

3.    Create a natural appearance by using a limited number of plant species.

4.    Follow recommendations from the Thurston County Noxious Weed Control Program in regard to problem and noxious weeds.

5.    Choose native plant species for landscaping. When established in the appropriate location, native plants are drought tolerant and provide food and/or habitat for native birds and other wildlife.

FIGURE 18.170.060

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Screen mechanical equipment and utility vaults so that they are not visible from adjacent public rights-of-way, parks, or adjacent dwelling units. Screen roof-top mechanical equipment on all sides.

B.    GUIDELINES:

1.    Locate mechanical equipment and utility vaults on the least visible side of the building and/or site.

2.    Screen at-grade mechanical equipment utilities with vertical plants such as trees, shrubs or ornamental grasses.

3.    Screen or paint wall-mounted mechanical equipment to match the building.

FIGURE 18.170.070

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Provide adequate lighting along all pedestrian walkways and building entrances. Site lighting shall not unduly illuminate surrounding properties. Direct lighting away from windows of residential units. Locate all light posts away from tree canopies (at least half the width of canopy at maturity).

B.    GUIDELINES:

1.    Use low-intensity landscape lighting along walkways.

2.    Use fixtures with directive shields to prevent lighting spill-over.

3.    Use light posts of medium height to avoid spill-over lighting.

FIGURE 18.170.080-A

FIGURE 18.170.080-B

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Use vertical landscaping to screen or break-up long expanses of blank building walls or fences.

B.    GUIDELINES:

1.    Screen walls or fences with a combination of trees, shrubs and vines.

2.    Use trees or shrubs planted in raised planter boxes that are irrigated.

3.    In narrow planting areas adjacent to walls or fences, use espaliered trees or shrubs and vines.

FIGURE 18.170.090

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Provide a clearly defined building or courtyard entry to the building from the primary street.

B.    GUIDELINES:

1.    Use distinctive architectural elements and materials to indicate the entry.

2.    Define the transition space from the sidewalk to the entry with a terrace, plaza, or landscaped area.

3.    Avoid the use of exterior stairways to second stories that are visible from the street.

FIGURE 18.170.100-A

FIGURE 18.170.100-B

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: The building scale identified for the district may be larger than the building scale that exists in the neighborhood. Minimize any appearance of scale differences between project building(s) and existing neighborhood buildings by stepping the height of the building mass, and dividing large building facades into smaller segments. Reflect the architectural character of the neighborhood (within 300’ on the same street) through use of related building elements. (This requirement does not change the number of stories allowed by the zoning district. See OMC 18.04 for building height limitations).

B.    GUIDELINES:

1.    Step the roof on the building perimeter segments to transition between a proposed taller building and an existing residential structure.

2.    Replicate or approximate roof forms and pitch found on existing residential structures in the neighborhood.

3.    Use wall plane modulation to divide the building facade into house-size building segments.

4.    Use window patterns and proportions similar to those on existing residential structures in the neighborhood.

5.    Use building facade materials similar to those used on existing residential buildings in the neighborhood.

6.    Maintain a relationship to the street (i.e., building setbacks and entryways) similar to existing buildings.

FIGURE 18.170.110-A

FIGURE 18.170.110-B

FIGURE 18.170.110-C

(Not Acceptable)

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Use building modulation at least every 30 feet to reduce the appearance of large building masses.

B.    GUIDELINES:

1.    Modulate the building facade at regular intervals.

2.    Articulate roofline by stepping the roof and by using dormers and gables.

3.    Incorporate prominent cornice, fascia or soffit details that emphasize the top of the building.

4.    Use prominent roof overhangs.

5.    Provide porches, balconies, and covered entries.

6.    Provide deeply recessed or protruding windows.

7.    Provide light fixtures, trellises or architectural to accentuate modulation intervals.

FIGURE 18.170.120

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Provide relief, detail, and visual rhythm on the facade with well- proportioned windows. Minimize window locations where residents from one unit may look directly into another unit.

B.    GUIDELINES:

1.    Use vertically proportioned windows (i.e., windows that have a height of at least one and one-half times their width).

2.    Use multiple-pane windows.

3.    Provide windows that are designed to create shadows (either recessed or protruding).

4.    Use visually significant window elements (i.e., frame dimensions, lintels, sills, casings, and trim).

FIGURE 18.170.130-A

FIGURE 18.170.130-B

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Use building materials with texture and pattern and a high level of visual and constructed quality and detailing. Reserve brightly saturated colors for trim features.

B.    GUIDELINES:

1.    Use natural appearing materials such as painted or natural finish horizontal lap siding, brick, stone, stucco, ceramic or terra cotta tile.

2.    Coordinate change in materials and color with building modulation.

3.    Use changes in colors or building materials to differentiate the ground floor from upper floors of the building.

4.    When remodeling or adding to an existing building, use materials and colors that preserve or enhance the character of the original building.

5.    In multi-building projects, vary building colors and/or materials on different buildings.

FIGURE 18.170.140

(Ord. 6306 §10, 2004).

A.    REQUIREMENT: Minimize the appearance of building scale differences between proposed dwelling unit(s) and existing neighborhood residential units. Reflect the architectural character of neighboring residences (within 300’ on the same street) through use of related building features. On narrow lots (30 feet wide or less), the average height of the adjacent residences shall not be exceeded unless the apparent scale of the proposed building is reduced through modulation.

B.    GUIDELINES:

1.    Step the roof on the building perimeter segments to transition between a proposed taller building and an existing residential structure.

2.    Replicate or approximate roof forms and pitch found on existing residential structures in the neighborhood.

3.    Use window patterns and proportions similar to those on existing residential structures in the neighborhood.

4.    Use building facade materials similar to those used on existing residential buildings in the neighborhood.

5.    Maintain a consistent relationship to the street (i.e., building setbacks and entryways) as existing buildings.

FIGURE 18.175.020

(Ord. 6306 §11, 2004).

A.    REQUIREMENT: Provide a clearly defined building or courtyard entry from the primary street.

B.    GUIDELINES:

1.    Use distinctive architectural elements and materials to indicate the entry.

2.    Define the transition space from the sidewalk to the entry with a terrace, plaza, or landscaped area.

3.    Avoid the use of exterior stairways to second stories that are visible from the street.

4.    Provide porches, balconies, and covered entries.

FIGURE 18.175.030-A

FIGURE 18.175.030-B

(Ord. 6306 §11, 2004).

A.    REQUIREMENT: Use building and roof modulation and articulation to reduce the appearance of large building masses.

B.    GUIDELINES:

1.    Modulate the building facade with features such as porches, balconies, building wall relief, and bay windows.

2.    Provide roof elements such as gables, eyebrow roof forms or dormers.

3.    Incorporate prominent cornice, soffit, or fascia details that emphasize the top of the building.

4.    Provide prominent roof overhangs.

5.    Articulate the roof with rafter tails and brackets.

FIGURE 18.175.040

(Ord. 6306 §11, 2004).

A.    REQUIREMENT: Provide relief, detail, and visual rhythm on the facade with well-proportioned windows.

B.    GUIDELINES:

1.    Use window patterns, proportions, and orientation consistent with neighboring residences.

2.    Use multiple-pane windows.

3.    Provide windows that are designed to create shadows (either deeply recessed or protruding).

4.    Use visually significant window elements (i.e. frame dimensions, lintels, casings, sills, and trim).

5.    Locate windows so that the occupants from one residence cannot look directly into an adjacent residence.

FIGURE 18.175.050

(Ord. 6306 §11, 2004).

A.    REQUIREMENT: Design garages and carports so that they do not dominate the dwelling’s street facade.

B.    GUIDELINES:

1.    Locate garages and carports behind residences, stepped back from the building’s street facade, or provide a side entry (perpendicular to the street).

2.    Design driveways to be as narrow as possible and/or shared where possible to minimize impervious surface and to minimize disruption of the sidewalk and planting strip by curb cuts.

3.    Incorporate windows into garage sidewalls whenever they face the street so that they appear to contain habitable space.

4.    Incorporate garage door elements which reduce the apparent size of the doors, such as panels and windows.

5.    Use materials and colors that match the residence.

(Ord. 6306 §11, 2004).

A.    REQUIREMENT: Use building materials with texture and pattern and a high level of quality and detailing. Reserve brightly saturated colors for accent or trim features.

B.    GUIDELINES:

1.    Use materials such as horizontal lap siding, shingles, brick, stone, stucco, ceramic or terra cotta tile.

2.    When remodeling or adding to an existing building, use materials and colors that preserve or enhance the character of the original building.

(Ord. 6306 §11, 2004).

A.    REQUIREMENT: Reflect the architectural character of the primary residence in an ADU through use of related building features.

B.    GUIDELINES:

1.    Replicate or approximate roof forms and pitch found on the existing residence.

2.    Use window patterns and proportions similar to those on existing residence.

3.    Use building facade material and colors that match or are compatible with those used on the existing residence.

FIGURE 18.175.080

(Ord. 6306 §11, 2004).

A.    REQUIREMENT: Provide a clearly defined building entry for an ADU that is easily accessible from the street or the existing residence. Provide a well-lighted, paved sidewalk to the building entry.

B.    GUIDELINE:

1.    The entry to an ADU may be shared with the primary residence.

2.    When there is a separate entry, construct an identifying feature, such as a porch, stoop and/or an eave overhang that is integral to the ADU structure.

3.    When an exterior stairway to the main entrance to the ADU is needed, avoid the use of open metal, prefabricated stairs.

FIGURE 18.175.090

(Ord. 6306 §11, 2004).

A.    REQUIREMENT: Orient cottage housing to the public right-of-way or to a shared interior courtyard. The sides of end units may front the street when the interior courtyard is a prominent feature on the adjacent public right-of-way.

FIGURE 18.175.100

(Ord. 6306 §11, 2004).

A.    REQUIREMENT: Integrate the project with the existing neighborhood through pedestrian and vehicular connections. Provide attractively designed pedestrian and vehicular connections to adjacent public rights-of-way, including any existing or planned bus stops. Provide adequate pedestrian and vehicular access to site features such mailboxes and other shared facilities.

B.    GUIDELINES:

1.    Mark pedestrian pathways with vertical plantings.

2.    Distinguish pedestrian pathways through use of surface material such as colored concrete or special pavers.

3.    Provide internal pedestrian connections (apart from public rights-of-way) between project and adjacent projects.

4.    Provide barrier-free pedestrian access to all shared facilities such as mailboxes, recreation centers, and open space areas.

5.    Provide parking and bicycle parking at shared facilities.

6.    Locate dwelling entrances on street edge when possible.

FIGURE 18.180.020

(Ord. 6306 §12, 2004).

A.    REQUIREMENT: Minimize the use of fences or walls that inhibit pedestrian movement or separate the project from the neighborhood. Front yards shall be visually open to the street. Where fencing is used, provide gates or openings at frequent intervals. Provide variation in fencing to avoid blank walls.

B.    GUIDELINES:

1.    Provide variation in fencing though use of setbacks, or stepped fence heights.

2.    Provide variation in texture, color or materials to add visual interest.

3.    Provide landscape screening to break up expanses of fencing.

4.    Repeat use of building facade material on fence columns and/or stringers.

5.    Provide lighting, canopies, trellises, or other features to add visual interest.

FIGURE 18.180.030

(Ord. 6306 §12, 2004).