MMD2019-00019 APPROVED
MMD2O19 -
00019
MR . HOOKAH
NOTICE OF TYPE I DECISION
MINOR MODIFICATION MMD2019-00019
MR. HOOKAH
TIGARD
120 DAYS = October 23RD, 2019
SECTION I. APPLICATION SUMMARY
FILE NAME: MR. HOOKAH
CASE NO.: MINOR MODIFICATION (MMD) MMD2019-00019
PROPOSAL: The applicant is proposing a change in parking configuration from what was
approved in MMD2017-00041. Specifically, the applicant is proposing to relocate
four (4) parking stalls, one (1) ADA parking stall, and one (1) ADA access aisle to
make room for one (1) food truck.There will be no net change in the total number
of parking stalls, with five (5) parking stalls to remain onsite. The applicant
confirmed on July 23`d, 2019 that no changes to the building footprint, impervious
area,or landscaping are proposed.
APPLICANT: Clovis Ain
13075 SW Pacific Highway
Tigard, OR 97223
OWNER: Guadalupe J Sanchez
Blanca E Zavala
10000 SW Molly Ct
Tigard, OR 97223
LOCATION: 13075 SW Pacific Highway;WCTM 2S102BD Tax Lot 03200
ZONING
DESIGNATION: C-G: General Commercial zone. The C-G zone is designed to accommodate a
full range of retail, office, and civic uses with a citywide and even regional trade
area. Except where nonconforming, residential uses are limited to mixed-use
developments. A wide range of uses, including but not limited to adult
entertainment, automotive equipment repair and storage, mini-warehouses,
utilities, heliports, medical centers, major event entertainment, and gasoline
stations, are allowed conditionally.
APPLICABLE
REVIEW
CRITERIA: Community Development Code Chapters 18.410, 18.650
MMll2019-00019 MR.HOOKAH 1 of 6
SECTION II. DECISION
Notice is hereby given that the City of Tigard Community Development Director's designee has
APPROVED the above request. The findings and conclusions on which the decision is based are noted in
Section IV.
THIS APPROVAL IS VALID FOR 24 MONTHS
FROM THE EFFECTIVE DATE OF THIS DECISION
SECTION III. BACKGROUND INFORMATION
Site Information:
The subject site is located at 13075 SW Pacific Highway (WCTM2S102BD, Tax Lot 03200), which is
northwest of Pacific Highway/OR-99, northeast of SW School Street, southeast of Charles F. Tigard
Elementary School, and southwest of SW Walnut Street. Adjacent lots to the northeast, southeast, and
southwest are zoned General Commercial (C-G),and the lot located to the northwest is zoned Medium-
Density Residential (R-12). The .18 acre lot contains a 1,548 square foot building, five (5) approved
parking stalls from MMD2017-00041, and associated landscaping.
In 2009, a Variance and a Minor Modification reduced the minimum 24-foot minimum access width to
12 feet,6 inches (VAR2009-00004&MMD2009-00008). In 2014,the site received approval for a change
of use from a medical office use to a motor vehicles sales use (MMD2014-00010). In 2015, the site
received approval for a change of use from a motor vehicle sales use to an eating and drinking
establishment use (MMD2015-00007), which is the current use for Mr. Hookah. A joint parking
agreement submitted with the Minor Modification in 2015 confirms that Mr. Hookah has a shared
parking agreement with Midas located at 13055 SW Pacific Highway (WCTM2S102BD, Tax Lot 3100).
The parking agreement submitted in 2015 is legally nonconforming with the current version of the
Community Development Code (CDC). In 2017, Mr. Hookah received land use approval to place a
2,520 square foot canopy structure on the northwest corner of the lot (MMD2017-00041).The land use
approval from 2017 also allowed for the removal of parking spaces in order to create a 600 square foot
area within the covered structure for the eating and drinking establishment use.
The applicant submitted this Minor Modification in order to resolve a code compliance case (DCC2019-
00007). Specifically, this Minor Modification will demonstrate that the food cart has been moved out of
the 20 foot rear setback, that five (5) parking stalls are provided on site, and that only 600 square feet of
the 2,520 square foot building are used for commercial purposes.
Proposal:
The applicant is proposing to resolve code compliance issues that were identified in a code compliance case
(DCC2019-00007). Specifically,the applicant is providing a space for the food cart that is not located in the
required 20-foot rear setback,they are relocating four (4) compact parking stalls,one (1)ADA van parking
stall,and one (1)ADA access aisle.The applicant is also demonstrating that only 600 square feet of the rear
structure will be used for an eating and drinking establishment.
SECTION IV. APPLICABLE REVIEW CRITERIA AND FINDINGS
18.765 Modifications
18.765.020 Applicability
MMD2019-00019 MR.HOOKAH 2 of 6
B. This chapter also applies to all proposals to modify an existing development that was not
subject to city approval when developed but would be subject to city approval, through one
of the land use applications listed in Paragraph 18.765.020.A.1 through 4, if proposed for
development under current city regulations.
A records search revealed that no Site Development Reviews (SDR) have been approved or recorded for
this site. The applicant is proposing to modify an existing site at 13075 SW Pacific Highway
(WCTM2S102BD, Tax Lot 03200) that was not subject to city approval when developed but would be
subject to city approval, through one of the land use applications listed in Paragraph 18.765.020.A.1
through 4, if proposed for development under current city regulations. Therefore, the proposed
modification is subject to the standards of this chapter.
18.765.060 Minor Modifications
A. Definition. A minor modification has the following characteristics:
1. It has minimal impacts on surrounding properties, sensitive lands, or public facilities;
and
2. It does not cause the development to go out of conformance with any applicable standard
or further out of conformance if already nonconforming,except where an adjustment has
been approved.
The proposal meets the definition of a Minor Modification.
B. Examples. Examples of minor modifications include, but are not limited to, the following:
1. Interior building modification or change of use that requires the application of a higher
parking quantity requirement.
2. Exterior building facade modification that requires the application of a design standard.
3. Change of use to a restricted use.
4. Change to the site that results in a change in the number or configuration of parking
spaces.
5. Minor decrease in open space or landscaping.
The proposal is to reconfigure the parking lot for the unmarked food truck location. The proposal is a
listed example in CDC 18.765.060.B.4
C. Approval process.A minor modification application is processed through a Type I procedure
as provided in Section 18.710.050, using approval criteria in Subsection 18.765.060.D.
The minor modification will be processed as a Type 1 procedure, using approval criteria in Subsection
18.765.060.D. Only the applicable code sections of CDC 18.765.060.D will be included in the decision.
D. Approval criteria. The approval authority will approve or approve with conditions a minor
modification application when all of the following criteria are met:
1. The proposed modification qualifies as a minor modification as defined in Subsection
18.765.060.A;
The proposal meets the definition of a Minor Modification as defined in Subsection 18.765.060.A. The
applicant is proposing to fix issues that were identified in a code compliance case (DCC2019-00007).
Specifically, the applicant is providing a space for the food cart that is not located in the required 20-foot
rear setback,they are relocating four (4) compact parking stalls, one (1) ADA van parking stall, and one (1)
ADA access aisle. The applicant is also demonstrating that only 600 square feet of the rear structure will be
MMD2019-00019 MR.HOOKAII 3 of 6
used for an eating and drinking establishment. Staff reviewed the approved site plan and confirmed that
approximately 600 square feet of the 2,590 square foot building will be used for the eating and drinking
establishment use.
Parking lot reconfigurations are proposed; therefore the applicable code sections of CDC 18.410 will be
included in this decision.This criterion is met.
18.410 Off-Street Parking and Loading
18.410.030 General Provisions
E. Shared parking. The parking requirements of this chapter may be met through a shared
parking agreement, subject to the following:
1. The applicant must demonstrate that the sites participating in the shared parking
agreement provide sufficient and appropriately located parking for all uses on the sites
during all periods of operation;
In 2015, a minor modification for Mr. Hookah (MMD2015-00007) confirmed that a shared parking
agreement exists between 13075 SW Pacific Highway (WCTM2S102BD,Tax Lot 03200) and 13055 SW
Pacific Highway (WCTM2S102BD, Tax Lot 03100). A total of 19 parking stalls exist between the two
sites participating in the shared parking agreement.The 2014 version of Community Development Code
(CDC) in 18.765.030.0 states the following: "the size of the joint parking facility shall be at least as large
as the number of vehicle parking spaces required by the larger(est) use per Section 18.765.070". During
the review of MMD2015-00007, the parking requirement was met. The joint parking agreement that was
submitted in MMD2015-00007 is legally nonconforming; if a new parking agreement between the
property owners of these two lots is modified or established in the future, then the shared parking
agreement will meet the CDC standards for joint parking. This standard is met.
2. The applicant must provide satisfactory legal evidence in the form of deeds, leases, or
contracts to establish the shared parking agreement; and
The applicant confirmed with Staff on July 23rd, 2019 that the parking agreement submitted in
MMD2015-00007 is still active and valid. This standard has been met.
3. If a shared parking agreement is terminated,the requirements of this title thereafter apply
to each use, structure, or lot separately.
The applicant has been notified on July 23rd, 2019 that if the parking agreement is terminated, then the
requirements of this title thereafter apply to each use, structure, or lot separately. This standard has been
met.
F. Accessible parking. All parking areas must include the required number of accessible
parking spaces as specified by the state building code and federal standards. Such parking
spaces must be sized,signed,and marked as required by these regulations and in compliance
with ORS 447.
The applicant's site plan shows that one (1) ADA van parking stall will be relocated.The proposed nine-
foot ADA parking stall width and the proposed adjacent eight-foot wide ADA access aisle meet the
requirements in ORS 447. This standard is met.
MMD2019-00019 MR.IIOOKAI I 4 of 6
18.410.040 General Design Standards
F. Striping.
1. Except for parking required for single detached houses and accessory dwelling units,and
individual spaces for rowhouses, all off-street parking spaces must be clearly and
separately identified with pavement markings or contrasting paving materials; and
2. All interior drives and access aisles must be clearly marked and signed to show direction
of flow.
The applicant's narrative states that the parking stalls will be identified with pavement markings or with
contrasting paving materials. On July 23`d,2019, the applicant modified the site plans to show directional
flow arrows in the parking lot. This standard is met.
I. Space and aisle dimensions.The minimum dimensional standards for surface parking spaces
and drive aisles are provided in Figure 18.410.1 and Table 18.410.2.
The applicant is proposing five (5) parking stalls at 90-degree right angles. Specifically, one (1) ADA
parking stall, one (1) associated handicapped loading aisle, and four (4) standard parking stalls will be
placed in the parking lot. The table below compares the applicable standards from Table 18.410.2 with
the proposed dimensions for the parking lot striping:
Standard Table 18.410.2 Requirements Proposed Standard Parking Dimensions
Angle 90° 90°
Stall Width 8 ft. 6 in. 9 ft.
2 Way Aisle Width 20 ft. 18 ft. 3 in. (VAR2009-00004&MMD2009-00008).
Stall Depth 16 ft. 16 ft.
In 2009, a Variance and a Minor Modification reduced the minimum 24-foot minimum access width to
12 feet, 6 inches (VAR2009-00004&MMD2009-00008).The 2 way aisle width is in the same location as
the approved 12 feet, 6 inches access width of VAR2009-00004. The applicant's proposed parking lot
reconfiguration meets the applicable criteria in Table 18.410.2. This standard is met.
18.410.70 Vehicle Parking Quantity Standards
A. Off-street parking requirements. The ratios for providing minimum and maximum vehicle
parking spaces are provided in Table 18.410.3. If application of the maximum parking
standard results in less than 6 parking spaces for a development with less than 1,000 square
feet of floor area, the development is allowed up to 6 parking spaces. If application of the
maximum parking standard results in less than 10 vehicle parking spaces for a development
between 1,000 and 2,000 square feet, the development is allowed up to 10 vehicle parking
spaces.
The applicant is maintaining an eating and drinking establishment use at 13075 SW Pacific Highway
(WCTM2S102BD,Tax Lot 03200). Since no square footage is being added to either site and there is no
net change in the number of parking stalls at either site, the minimum parking for either site does not
need to be reviewed because there is no change in required parking. This standard is met.
MMll2019-00019 MR.HOOKAH 5 of 6
A minimum parking count is required to ensure that enough parking stalls exist at 13075 SW Pacific
Highway and at 13055 SW Pacific Highway because of the shared parking agreement. The minimum
parking requirement is calculated as follows from Table 18.410.3:
Use Category Square Parking Spaces Percentage Total Parking
Footage Required Required Spaces Required
Eating and Drinking 2148 9.0/1,000 square feet 100% 19.33
Establishment _
Motor Vehicle 3612 2.0/1,000 square feet,but 100% 7.22
Servicing/Repair no less than 4
Parking Total 26.55
Minimum Parking 27
Required
Parking Provided 19
Parking Surplus -8
Staff finds that with the current development code, a total of 27 parking spaces would be required at
13055 and 13075 SW Pacific Highway in order to accommodate the joint parking agreement for an eating
and drinking establishment use and a motor vehicle servicing/repair use with the current Community
Development Code (CDC). Nineteen parking stalls are provided across both sites,which is not enough
to meet the minimum code requirements for the current CDC. The joint parking agreement that was
submitted in MMD2015-00007 is legally nonconforming; if a new parking agreement between the
property owners of these two lots is modified or established in the future, then the shared parking
agreement will meet the CDC standards for joint parking. This standard is met.
FINDING: The proposal meets all applicable standards.
SECTION V. PROCEDURE AND APPEAL INFORMATION
Final Decision:
A minor modification is a Type I procedure. As such, this decision is final for purposes of appeal on the
date it is mailed or otherwise provided to the applicant, whichever occurs first. This decision is not
appealable locally and is the final decision of the City.
THIS DECISION IS FINAL ON AUGUST 26TH, 2019,
AND BECOMES EFFECTIVE ON AUGUST 26TH, 2019.
Questions:
If you have any questions,please contact Samuel Copelan at (503) 718-2450 or SamuelC@tigard-or.gov.
..2.4Rovitt capbfit..„
August 26`h, 2019
APPROVED BY: Samuel Copelan
Assistant Planner
MMI)2019-00019 MR. HOOKAI I 6 of 6
PROJECT INFORMATION PAVEMENT MARKING STENCIL MINIMUM STANDARD IND
RECEIVED .-
VICINITY MAP
THIS PROJECT CONSISTS OF A SET OF DRAWINGS EXPLAINING THE SEPARATION ,-BACKGROUND SINGLE-ACCESSIBLE PARKING SPACE AUG 1 4 2019
BETWEEN TWO DIFFERENT OCCUPANCY DESIGNATIONS("B•AND S-2)WITHIN ----- (VAN-ACCESSIBLE DESIGNATION REQUIRED)
THE SAME EXTERIOR 36572'(2,592 SF)METAL BUILDING OF A HOOKAH „---/` _
LOUNGE LOCATED IN TIGMND,OREGON CALLED AIR HOOKAH” (.5:" CIT T\/ OEE''T- I-{'{IGARD
SIGN NO.R7-8 PLANNING/ENGINEERING
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A BUILDING OR STRUCTURE OR PORTION THEREOF,FOR OFFICE,PROFESSIONAL THE PAVEMENT MARKING STENCIL SHALL BE USED TO DESIGNATE AN —
OR SERVICE-TYPE TRANSACTIONS,INCLUDING STORAGE OF RECORDS AND ACCESSIBLE PARKING AREA RESERVED FOR VEHICLES WITH DMV PERMITS
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ACCOUNTS.BUILDING OR TENANT SPACE USED FOR ASSEMBLY PURPOSES BY
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MATERIALS SUCH AS PRODUCTS ON WOOD PALLETS,OR IN PAPER CARTONS
WITH OR WITHOUT SINGLE THICKNESS DIVISIONS,OR IN PAPER WRAPPINGS. 12-
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11 INDICATES CAR DOT AND PATH TO DRIVEWAY LEADING TO PUBLIC STREET 11/
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15 INDICATES LOCATION OF PUBLIC SIDEWALK J > I
O'5-2'INDICATES NEW PARTIAL HEIGHT SOLID DIVIDER WALL TO SIGNATIE BETWEEN INDICATES LOCATION OF HUNG EMERGENCY UGNIS ILLUMINATING PATHWAY SYMBOL: WHILE ON BLUE RETRO-REFLECTIVE U
OCCUPANCY DESIGNATION AND 9.OCCUPANCY DESIGNATION 16 LOADING TO EMERGENCY EXITFROM METAL BUILDING BACKGROUND REFER TO THE STANDARD HIGHWAY SIGNS BOOK FOR DETAILS
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O PAINTED PARKING SPACE STRIPING.TYPICAL WHERE SHOWN 17 DASHED UNE INDICATES PROPERTY UNE SIGN: STANDARD FEDERAL R7-8 WITHOUT ARROWS FROM _--__ CO W
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O INDICATES ACCESSIBLE PARKING SPACE RESERVED FOR VEHICLES WITH DMV PERMITS 18 INDICATES SUGGESTED EMERGENCY EXIT PATHWAY FROM OCCUPANCY"B"DESIGNA/ED AREA THE VAN-ACCESSIBLE SIGN SHALL ONLY BE USED W71H SIGN COJ C�� I,
09 INDICATES ROWNG/OPENING DOORS FOR EMERGENCY EXITREFERENCE DETAIL 2/S2 I9 ARROWS INDICATING DIRECTION OFF TRAFFIC FLOW THE ACCESSIBLE PERSON PARKING SIGN IS USED TO DESIGNATE A R7-8 TO DESIGNATE THE PARKING SPACES THAT HAVE AN /�1
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OEXIT SIGN AND EMERGENCY LIGHTING S2 I
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APPLICANT
MATERIALS
City g of Tigard RECEIVED Case #: n P 1 -00014
COMMUNITY DEVELOPMENJ J RippatoNT
TIGARD Master Land USe4t� ' ' r' ,v.on
PLANNING/EN'
LAND USE APPLICATION TYPE
❑ Accessory Dwelling Unit(ADU) Modification: Type I O Type II
❑ Adjustment Planned Development:
O Annexation O Consolidated Plan
❑ Comprehensive Plan Map Amendment O Concept Plan
0 Conditional Use O Detailed Plan
❑ Downtown Design Review: 0 Sensitive Lands Review:
Li Track 1 0 Track 2 0 Track 3 O Type I O Type II O Type III
❑ Home Occupation—Type II 0 Site Development Review: O Type I O Type II
❑ Land Partition 0 Subdivision
❑ Lot Line Adjustment/Lot Consolidation 0 Temporary Use Permit
0 Marijuana Facility Permit 0 Urban Forestry Plan:
❑ Miscellaneous: O Modification O Discretionary Review
O Type II O Type III 0 Zoning Map Amendment
PROJECT INFORMATIONrk
Project name: /VI q-, 10 Lr yl
Brief description of project: C'►'1 ce-V► C t h c p 1 h c (ADA )
.29
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Ji o ( 9 & LickeS hus e h o1,21i► Por pc,Lv ct6rein-lct2I' .2thCe
2 ) (}l<M,13 2, 15 —0 000Y�
SITE INFORMATION
Location (address if available): 13 o'? 5 S co C('r,,,_ I-/I''
1 w
Tax map and tax lot number(s): 2 S i 0 2 D 0 2 0 0
Site size: Zone:
APPLICANT INFORMATION
Name: C /a u I S /- fr
Mailing address: 12 (, .cL) p c Fi[' yvb_City/State: I ' a4.t/d Zip: 7 22?
Phone: s,,3 ? 2 4 0 cS Email:
Applicant's representative: Cl (PS t
Phone: ...;1? Eat - O 55.-
Email:
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • wwwtigard-or.gov • 503-718-2421 • Page 1 oft
PROPERTY OWNER INFORMATION ❑ Same as applicant
(Attach list for additional owners) c
Name: �by ck6k\sJ J 0m0.-1.c c v' . A2- `u v\( cA F 2_ow cA,,
Mailing address: Unt S W \( \\ A (9t City/State: (I 5O'bi'I � (W Zip: 9"-aa
Phone: esJ \ O �Q\\�j Email: r/SGY�C_,�,f'T `'1 S�� e YY101 L . (CV17
SUBMITTAL REQUIREMENTS
In addition to this application form,you must submit all required items listed in Subsection 18.710.030.0 of
Tigard's Community Development Code. If you are unsure what is required with your application,please contact
the planner on duty at 503-718-2421 or tigardplannerondutya,a,,tigard-or.gov.
I certify that I am the property owner or I am eligible to initiate this application,as provided in the Tigard
Community Development Code. To the best of my knowledge,all the information provided within this application
package is comprl- e and accurate.
/ Clt S X4-1(0
Applicant's signature* Print name Date jj
2)1
Property owner's signature* Print name Date
k,0\v‘OA 6 L(i\f/A.�
Property owner's signature* Print name Date
*The owner must sign this application or submit a separate written authorization when the owner and applicant are
different people.
Case No.: h I 1 v" ' col Application fee: Received by: Date:
Related Case(s): _f1h�1�11-000- Determined complete by: S(-- Date:
City ofTigard • 13125 SW Hall Blvd. • Tigard,Oregon 97223 • www.tigard-or.gov • 503-718-2421 • Page 2 of
CORRESPONDENCE
ADDITIONAL
INFORMATION
ova S ►M Ip'- p `01-°e1,
1111 I Ill
TIGARD
City of Tigard
July 15th, 2019
Clovis Ain
13075 SW Pacific Highway
Tigard, OR 97223
Project: Mr. Hookah
Site: 13075 SW Pacific Highway;WCTM 2S102BD Tax Lot 03200
Land Use File: MMD2019-00019
Dear Mr. Ain:
The City received the above referenced application on June 25th, 2019. Staff has evaluated
your application for completeness against Tigard's submittal requirements, and determined
that additional information is required.
I. Completeness Items
In order for your application to be deemed complete, please submit the following items:
1. Site Plan
a. Staff needs a copy of the site plan that is drawn to scale on either 8 1/2"x 11" or on 11"
x 17" paper.
A Staff requires that painted directional flow arrows be added to the parking area that
is being restriped. This can be done at the Permit Center.
X Joint Parking Agreement Confirmation
a. Written confirmation that the approved parking agreement from MMD2015-00007
has not been modified and that it is still in effect.
A Narrative
a. Confirmation that no additional paving will occur behind the primary structure.
II. Re-submittal Requirements
Unless other agreements have been made with staff,you must submit all of the following items
concurrently:
1. All items listed in Section I of this letter.
13125 SW Hall Blvd. • Tigard, Oregon 97223 • 503.639.4171
TTY Relay: 503.684.2772 • www.tigard-or.gov
Determination of Completeness Page 2
Land Use File MMD2019-00019
2. A letter addressing how any completeness items have been addressed, including a
description of the revisions and their specific locations, e.g. page and/or plan set
numbers.A thorough and detailed letter will facilitate staff's review of your application
in a timely manner.
III. Completeness Options
This letter contains the completeness review from all relevant City Departments. Please be
advised that no further action will be taken on your application until one of the following
events occurs: (1)you submit all completeness items, (2)you submit some completeness items
and request that the City deem your application complete, or (3) you submit no completeness
items and request that the City deem your application complete. Once your application is
deemed complete, staff will review your application for approvability.
IV. When Your Application Become Void
Per ORS 227.178,your application will be void if one of the three actions listed above is not
taken within 180 days of the date you submitted your application. The date on which your
application would become void is October 23rd, 2019. Please be aware that application fees
are non-refundable. If an application becomes void, the City may retain some or all of the
related application deposits.
If you have any questions or concerns, please feel free to contact me at (503) 718-2450 or
SamuelCna,tigard-or.gov.
Sincerely,
l` r"Att
Samuel Copelan
Assistant Planner LL //
QhaL SP° kC- scc.h-u.e L czfrd.
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Chapter 18.765
OFF-STREET PARKING AND LOADING REQUIREMENTS
Sections:
18.765.010 Purpose
18.765.020 Applicability of Provisions
18.765.030 General Provisions
18.765.040 General Design Standards
18.765.050 Bicycle Parking Design Standards
18.765.060 Parking Structure Design Standards
18.765.070 Minimum and Maximum Off-Street Parking Requirements
18.765.080 Off-Street Loading Requirements
18.765.010 Purpose
A. Insure adequate vehicle parking. These parking requirements are intended to provide sufficient
vehicle parking in close proximity to the various uses for residents, customers and employees, and to
establish standards which will maintain the traffic carrying-capacity of nearby streets.
B. Adequate capacity. These regulations are also intended to establish vehicle parking areas which have
adequate capacity and which are appropriately located and designed to minimize any hazardous
conditions on the site and at access points.
18.765.020 Applicability of Provisions
A. New construction. At the time of the erection of a new structure within any zoning district, off-street
vehicle parking will be provided in accordance with Section 18.765.070.
B. Expansion of existing use. At the time of an enlargement of a structure which increases the on-site
vehicle parking requirements, off-street vehicle parking will be provided in accordance with Section
18.765.070 subject to the following:
1. On the date of adoption of this title, the number of vehicle parking and loading spaces required
shall be based only on floor area or capacity of such enlargement;
2. If the minimum vehicle parking spaces required for the enlargement added to the existing on-site
space exceed the maximum number of vehicle parking spaces allowed for the whole project per
the maximum parking ratios established in Section 18.765.070, the applicant may reduce the
additional number of spaces provided so that the total spaces on the site do not exceed the
maximum spaces allowed.
C. Change of use. When an existing structure is changed from one use to another use as listed in Section
18.765.070,the following provisions shall apply:
1. If the parking requirements for each use are the same, no additional vehicle parking shall be
required;
2. Where a change results in an intensification of use in terms of the number of vehicle parking
spaces required, additional vehicle parking spaces shall be provided in an amount equal to the
•
Off-Street Parking and Loading Requirements 18.765-1 AP Update:2/14
difference between the number of spaces required for the existing use and the number of spaces
required for the more intensive use;
3. Where the change results in a decrease in intensity of use, the applicant may eliminate excess
vehicle parking spaces in an amount equal to the difference between the number of spaces
required for the existing use and the number of spaces required for the less intensive use.
D. When site design review is not required. Where the provisions of Chapter 18.360, Site Development
Review, do not apply, the director shall approve, approve with conditions, or deny a plan submitted
under the provisions of this chapter by means of a Type I review, as governed by Section 18.390.030.
E. Building permit conditions. The provision and maintenance of off-street vehicle parking and loading
spaces are the continuing obligation of the property owner:
1. No building or other permit shall be issued until plans are presented to the director to show that
property is and will remain available for exclusive use as off-street vehicle parking and loading
space; and
2. The subsequent use of property for which the building permit is issued shall be conditional upon
the unqualified continuance and availability of the amount of vehicle parking and loading space
required by this title.
3. Required vehicle parking shall:
a. Be available for the parking of operable passenger vehicles of residents, patron and
employees only;
b. Not be used for storage of vehicles or materials or for the parking of trucks used in conduct of
the business or use; and
c. Not be rented,leased or assigned to any other person or organization.
18.765.030 General Provisions
A. Vehicle parking plan requirements. No building or other permit shall be issued until scaled plans are
presented and approved as provided by this chapter that show how access, egress and circulation
requirements are to be fulfilled. The applicant shall submit a site plan. The director shall provide the
applicant with detailed information about this submission requirement.
B. Location of vehicle parking. The location of off-street parking will be as follows:
1. Off-street parking spaces for single-family and duplex dwellings and single-family attached
dwellings shall be located on the same lot with the dwelling(s).
2. Off-street parking lots for uses not listed above shall be located not further than 500 feet from the
property line that they are required to serve, measured along the most direct, publicly accessible
pedestrian route from the property line with the following exceptions:
a. Commercial and industrial uses which require more than 40 parking spaces may provide for
the spaces in excess of the required first 40 spaces up to a distance of 500 feet from the
primary site;
Off-Street Parking and Loading Requirements 18.765-2 AP Update:2/14
b. The 40 parking spaces which remain on the primary site must be available for users in the
following order of priority:
i. Disabled-accessible spaces,
ii. Short-term spaces,
iii. Long-term preferential carpool and vanpool spaces,
iv. Long-term spaces.
C. Joint parking. Owners of two or more uses, structures or parcels of land may agree to utilize jointly
the same parking and loading spaces when the peak hours of operation do not overlay, subject to the
following:
1. The size of the joint parking facility shall be at least as large as the number of vehicle parking
spaces required by the larger(est)use per Section 18.765.070;
2. Satisfactory legal evidence shall be presented to the director in the form of deeds, leases or
contracts to establish the joint use;
3. If a joint use arrangement is subsequently terminated, or if the uses change, the requirements of
this title thereafter apply to each separately.
D. Parking in mixed-use and multiple-tenant projects. In commercial mixed-use and multiple-tenant
projects,the required minimum vehicle parking shall be determined using the following formula:
1. Primary use, i.e., that with the largest proportion of total floor area within the development, at
100% of the minimum vehicle parking required for that use(s)in Section 18.765.060;
2. Secondary use, i.e., that with the second largest percentage of total floor area within the
development, at 85% of the vehicle parking required for that use(s)in Section 18.765.060;
3. Tertiary use at 70% of the vehicle parking required for that use(s)in Section 18.765.060;
4. All other uses at 60% of the vehicle parking required for that use(s)in Section 18.765.060.
E. Visitor parking in multifamily residential developments. Multi-dwelling units with more than 10
required parking spaces shall provide an additional 15% of vehicle parking spaces above the
minimum required for the use of guests of residents of the complex. These spaces shall be centrally
located or distributed throughout the development. Required bicycle parking facilities shall also be
centrally located within or evenly distributed throughout the development.
F. Preferential long-term carpool/vanpool parking. Parking lots providing in excess of 20 long-term
parking spaces shall provide preferential long-term carpool and vanpool parking for employees,
students and other regular visitors to the site. At least five percent of total long-term parking spaces
shall be reserved for carpool/vanpool use. Preferential parking for carpools/vanpools shall be closer to
the main entrances of the building than any other employee or student parking except parking spaces
designated for use by the disabled. Preferential carpool/vanpool spaces shall be full-sized per
requirements in 18.765.040.N and shall be clearly designated for use only by carpools and vanpools
between 7 a.m. and 5:30 p.m. Monday through Friday.
Off-Street Parking and Loading Requirements 18.765-3 AP Update:2/14
G. Disabled-accessible parking. All parking areas shall be provided with the required number of parking
spaces for disabled persons as specified by the state building code and federal standards. Such
parking spaces shall be sized, signed and marked as required by these regulations.
H. DEQ indirect source construction permit. All parking lots containing 250 spaces or parking structures
containing two or more levels shall require review by the Oregon Department of Environmental
Quality(DEQ)to:
1. Acquire an indirect source construction permit;
2. Investigate the feasibility of installing oil and grease separators. (Ord. 13-07 §1; Ord. 09-13; Ord.
02-13)
18.765.040 General Design Standards
A. Maintenance of parking areas. All parking lots shall be kept clean and in good repair at all times.
Breaks in paved surfaces shall be repaired promptly and broken or splintered wheel stops shall be
replaced so that their function will not be impaired.
B. Access drives. With regard to access to public streets from off-street parking:
1. Access drives from the street to off-street parking or loading areas shall be designed and
constructed to facilitate the flow of traffic and provide maximum safety for pedestrian and
vehicular traffic on the site;
2. The number and size of access drives shall be in accordance with the requirements of Chapter
18.705,Access,Egress and Circulation;
3. Access drives shall be clearly and permanently marked and defined through use of rails, fences,
walls or other barriers or markers on frontage not occupied by service drives;
4. Access drives shall have a minimum vision clearance in accordance with Chapter 18.795, Visual
Clearance;
5. Access drives shall be improved with an asphalt, concrete, or pervious paving surface. Any
pervious paving surface must be designed and maintained to remain well-drained; and
6. Excluding single-family and duplex residences, except as provided by 18.810.030.P, groups of
two or more parking spaces shall be served by a service drive so that no backing movements or
other maneuvering within a street or other public right-of-way will be required.
C. Loading/unloading driveways. A driveway designed for continuous forward flow of passenger
vehicles for the purpose of loading and unloading passengers shall be located on the site of any school
or other meeting place which is designed to accommodate more than 25 people at one time.
D. On-site vehicle stacking for drive-in use.
1. All uses providing drive-in services as defined by this title shall provide on the same site a
stacking lane for inbound vehicles as noted in Table 18.765.1.
Off-Street Parking and Loading Requirements 18.765-4 AP Update:2/14
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PROJECT SUMMARY: \ I raiI
The project is a Change of Use tenant improvement.It requires the demolition of existing interior floor I 1
plan creating an open floor plan with two separate ADA compliant bathrooms,a separate room for a 1 1
kitchenette with a sink where equipment can washed and range top to boil equipment in water.The I :1
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furnace and hot water heater are to be relocated into a closet.A variance for parking had previously u
been approved The Change of Use increases the parking requirements which are being addressed both :i
on site and off.The owner has a Letter of Agreement with their neighbor for not less than the additional 15 , 12'-6" 46 "CURB
parking required to meet parking standards for the project.
1 i
The owner noted that the roof/ceiling is truss framed from exterior wall to exterior wall with no internal I EXISTING 1
structural supports. I BUILDING I
SITE/BUILDING INFO: 1
PROJECT ADDRESS 13075 SW PACIFIC HWY.,TIGARD,OR II
WASHINGTON COUNTY TAX MAP 2S102BD,TAX LOT 3200 EXISTING
ZONE:C-G(GENERAL COMMERCIAL DISTRICT) 1 1
4.. , I ALLOWED
AREA %SITE COVERAGE L--_„_--_--J VNHICLE
ENTRANCE AND
SITE: 8,154 SF 100% CURB CUT
BUILDING: 1,367 SF 17%
LANDSCAPE AREA: 1,225 SF 15%
PARKING AREA: 5,562 SF 68% ,
REQUIRED PROVIDED
PARKING:(9 per 1,000) 13 10 ON SITE HWY 99W
2(MIN.)OFF SITE(see owner (SW PACIFIC HIGHWAY)
supplied Letter of Agreement) SITE PLAN
ACCESSIBLE: 1 VAN ACCESSIBLE ON SITE
TOTAL: 13 SCALE 1"=20'-0"
CODE SUMMARY:
OCCUPANCY.A-2(RESTAURANT)
CONSTRUCTION TYPE VB
NON-SPRINKLERED
TENANT IMPROVEMENT
n�r�ione�T i nnn + oa-s,�a-no -
PLUMBING:A-2 WATER CLOSETS LAVATORIES SW 13075 SW PACIFIC HWY.
MALE: 1 PER 75(PROVIDED) 1 PER 200(PROVIDED) TIGARD, OR
FEMALE: 1 PER 75(PROVIDED) 1 PER 200(PROVIDED)
DATE:02-17-15
DRAWING INDEX CLIENT CONTACT:
I OF 3 COVER SHEET/PROJECT INFO/SITE PLAN
2 OF 3 EXISTING CONDITIONS AND DEMOLITION PLAN Hussein AI-Baiaty 971-238-1506
3 OF 3 NEW FLOOR PLAN SHEET: 1 OF 3