21.18.820 Administrative adjustment to parking or stacking lane capacity, or compact parking limitation.
A. The development and business services director shall have the authority to administratively reduce the parking capacity requirements of LMC 21.18.800 or stacking lane requirements of LMC 21.18.810, by not more than 20 percent or to increase the proportion of compact stalls by up to 10 percent (rounded to the nearest whole number of stalls) upon presentation of empirical evidence acceptable to the director that a particular use of property will generate different parking demands than other similar uses. Such evidence may include:
1. Parking studies performed by a qualified engineer or professional parking consultant.
2. Parking surveys conducted at similar and comparably situated uses. The applicant or owner shall bear the burden of demonstrating that the survey methodology is correct and applicable to the situation.
3. Other empirical evidence that in the professional judgment of the director clearly demonstrates that the particular use or property will generate less parking demand than similar uses.
4. A plan, map or diagram showing the proposed parking layout and how vehicular ingress/egress, pedestrian access, landscaping, and all other requirements of this code and applicable citywide design guidelines will be provided.
B. On approving such administrative reduction, the director shall make written findings that:
1. The reduction will not be a grant of special privilege inconsistent with parking requirements for similar uses.
2. The level or amount of the reduction granted is consistent with the empirical evidence in the study or survey.
3. Granting the reduction will not be detrimental to the public welfare, or injurious to other property or improvements in the vicinity.
4. The nature or configuration of the use or facility is such that its future occupancy by uses generating significantly higher parking demand is unlikely.
5. The reduction is consistent with the purpose and intent of the comprehensive plan and zoning code.
C. The director may require a parking management plan or agreement, or other conditions of approval reasonably necessary to ensure compliance with any of the findings required by subsection (B) of this section.
D. A reduction in parking allowed by this section may not be in addition to parking reductions allowed by LMC 21.18.850 and/or 21.18.900 unless supported by a professional parking study that justifies the entire reduction.
E. The director shall have the authority to administratively reduce the parking capacity requirements of LMC 21.18.800 by not more than 50 percent when, in addition to meeting the requirements of subsections (A) through (D) of this section, the applicant or owner:
1. Provides a site plan acceptable to the director showing how the additional number of stalls otherwise required by LMC 21.18.800 could subsequently be provided on the site (sometimes referred to as “landbanking” or “ghost parking”). The additional parking must meet all required yard, setback, access requirements and other requirements of this chapter. These areas shall be set aside and landscaped in such a manner that they will not be used for parking. The additional parking may be provided in surface or structured parking as determined by the city to be practically feasible and compatible with the site plan.
2. Conducts a study of actual parking use to be carried out by a qualified consultant within three years after the facility is fully occupied. The parking study shall be subject to approval by the director. The city may require construction of some or all of the additional parking if the parking study demonstrates need. If the owner fails to comply, the city may, but shall not be obligated to, undertake construction of the required additional parking. Any costs and expenses incurred by the city shall be the responsibility of the owner.
3. Provides a bond or other financial guarantee in a form acceptable to the city sufficient to finance construction of the additional parking, and to pay for the study of actual parking use.
4. Provides a binding covenant, easement or other legal agreement guaranteeing the provisions of this section. The covenant shall be in a form acceptable to the city attorney and recorded with the Snohomish County auditor. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2730 § 1, 2008)