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Home My WebLink AboutPermit PL17-0059 - ADU REGULATION UPDATE - SEPA / CHECKLISTADU REGULATION UPDATE PROJ-00007 Associated Files: PL17-0059, L17-0067 This File: E17-0016 SEPA/CH ECKLIST ADU REGULATION UPDATE P ROJ -00007 Associated Files: PIL17-0059, E17-0016 This File: L17-0067 COMP PLAN_ZONE AMEND/ZONING CODE AMEND COUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Ma ors• review Council tgeiew 09/23/19 MD ��C ITEM INFORMATION ITEM No. 4.B. STAFF SPONSOR: MINNIE DHALIWAL ORIGINAL AGENDA DATE: 9/23/19 AGENDA ITEM TITLE Update on Accessory Dwelling Units Amnesty Program update CATEGORY /I1 Discussion Mtg Date 9/23/19 [] Motion A1tg Date ❑ Resolution Mtg Date ❑ Ordinance Mtg Date ❑ Bid Award Mtg Date ❑ Public Hearing Mcg Date ❑ Other Mtg Date SPONSOR ❑Council ❑Mayor HR ►1 DCD ❑Finance Fire ❑TS ❑P&R ❑Police DPW ❑Corti SPONSOR'S Ordinance 2581 adopted by the City Council on July 2, 2018 updated Tukwila's ADU SUMMARY regulations. The updated regulations allow for detached ADUs and require new and existing ADUs to apply for registration. A one-year amnesty period adopted under Ordinance 2581 ended on July 1, 2019. This is an update on the amnesty program. REVIEWED BY ❑ C.O.W. Mtg. ❑ CDN Comm ❑ Finance Comm. ❑ Trans &Infrastructure ❑ Arts Comm. ❑ Parks Comm. DATE: COMMITTEE CHAIR: ❑ Public Safety Comm. 1 Planning Comm. RECOMMENDATIONS: SPONsoR/A]DMIN. COMMIITEE Department of Community Development No Committee COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/23/19 MTG. DATE ATTACHMENTS 9/23/19 Informational Memorandum dated 9/18/19 Ordinance No, 2581 32 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Council Committee of the Whole FROM: Minnie Dhaliwal, Planning Supervisor BY: Jaimie Reavis, Senior Planner CC: Mayor Ekberg DATE: September 18, 2019 SUBJECT: Accessory Dwelling Unit (ADU) Amnesty Program Update ISSUE Update on the ADU regulations adopted in July 2018. BACKGROUND Ordinance 2581 adopted by the City Council on July 2, 2018 updated Tukwila's ADU regulations. The updated regulations allow for detached ADUs and require new and existing ADUs to apply for registration through an Accessory Dwelling Unit Registration Application. A one-year amnesty period adopted under Ordinance 2581 allowed for property owners with ADUs that were created illegally or which were in existence prior to an area's annexation to come forward to register their ADUs under more flexible zoning rules, provided the units met building code's life safety standards. Zoning flexibility given to existing ADUs applying for registration during the amnesty period included the following: • Exceeding the permitted height for a detached ADU • Exceeding the permitted area for an attached or detached ADU, up to 1,200 square feet • Not providing a second parking space for a two bedroom ADU • Roof pitch of Tess than 5:12 • Location of the ADU on the lot. Owner occupancy, providing at least 1 parking space per ADU, and meeting the minimum lot size for a detached ADU were conditions that could not be waived. The one-year amnesty registration period ended on July 1, 2019. DISCUSSION A total of 21 ADU Registration Applications were submitted during the one-year amnesty program. See attached map for the location of these ADUs. I. Approval Process The process for registering an ADU during the amnesty period was broken down into the following steps: 1. Owner submits an ADU Registration Application (including owner affidavit, property site plan, and floorplan) and a building permit. There is no fee for the registration application and the fee for the building permit is $27.50. 2. The construction permit is issued over the counter in order to allow the applicant to schedule an inspection by a Building Inspector, Electrical Inspector, and a Planner 33 INFORMATIONAL MEMO Page 2 3. If life safety issues are identified as part of the inspection, the applicant must address the issues by working through them with the inspectors, and scheduling a final inspection once identified issues are corrected. 4. Once the ADU passes the inspections, the Planner provides the applicant the ADU Notice to be recorded with King County. 5. Once the ADU Notice is recorded and a copy is returned to the Planner, the notice of decision (approval or denial of the ADU Registration Application) is issued. II. Status of applications Here is the current review status of the 21 ADU registration applications that were submitted during the one-year amnesty program: Approved: 5 Denied: 1 Withdrawn: 1 Pending: 12 (First inspection identified life safety issues for majority of these; First inspection is pending for 2 of them) Under construction: 2 III. Issues that came to light as we started implementing the ADU amnesty program: A. Zoning related issues: • ADU vs main house size limitations: Many basement ADUs in one-story homes are the same size as the main floor of the primary home, so it's difficult for them to meet the size limit of 40% of the primary dwelling. Meeting this requirement either involves increasing the size of the primary dwelling or reducing the size of the basement unit by making some of the square footage unusable. • Owner Occupancy requirement: Owner occupancy is hard to enforce and the property owners that are currently renting out both units on a property did not want to apply under the amnesty program if they had to meet the owner occupancy requirement. However, units in these circumstances are discovered in the process of rental registration process. It is difficult for the city's code enforcement team to do any enforcement if one of the units is not occupied by the homeowner. • Duplex vs ADU: There are existing duplexes in the LDR zone. It can be difficult to determine whether a property was originally developed with a duplex vs. a single- family home with an attached ADU. • More than two units per one single family lot: The one application that was denied was for the property with an ADU above a detached garage. This property is located in the LDR zone and has an existing legal nonconforming duplex. Ordinance 2581 allows a detached ADU on the same lot as the primary single- family dwelling, but not if there is already a duplex on the lot. • Amnesty: Few of the ADUs actually needed amnesty from the zoning requirements. Only four of the 21 applications submitted needed amnesty, due to the ADU exceeding the permitted area. Two of the detached ADUs were over 800 square feet (810 square feet; 1,000 square feet).Two attached ADUs had a basement size of the same size as the primary dwelling unit (870 square feet; 1,000 square feet). 34 INFORMATIONAL. MEMO Page 3 B. Construction related issues: • Units are difficult to inspect after the fact, especially elements that are covered up. • Life safety issues found so far during inspections have included repairing stairs, handrails, and landings for staircases up to second story units; fixing decks; widening or changing the height of rescue windows; adding smoke and/or carbon monoxide detectors; proper installation of utilities; replacing unrated heating equipment; and installation of fire walls between garages/workshops and ADUs. ADUs applying for amnesty were not required to install fire suppression systems. • If major issues come up during inspection the homeowners are reluctant to complete and go through the approval process. For example, if there are no windows in bedrooms, they do not pass the initial inspection and have to make changes which many homeowners are reluctant to complete. C. Cost of obtaining approval: • ADUs located in the Valley View Sewer District must pay a General Facility Charge of $3,226.00. Additionally, all ADUs constructed after Feb. 1, 1990 are subject to a King County sewer capacity charge that is either a monthly charge of approximately $65 for 15 years or a lump sum payment of approximately $10,000. Both attached and detached ADUs are subject to these fees. • City of Tukwila impact fees (parks, fire and transportation) apply for detached ADUs. Parks impact fees are $2,859; Fire impact fees are $1,790 (1,683 if sprinkler system is installed); Transportation impact fees range from $350 to $550 depending on the location. • There are some ADU owners with unoccupied units who do not want to pay for or deal with the hassle of making the necessary changes to their units to bring them into life safety compliance due to costs. FINANCIAL IMPACT None. RECOMMENDATION Staff is seeking direction from the City Council on the whether to: 1) Revise regulations to address the issues discussed above, or 2) Make no additional changes. If the City Council directs staff to revise the code then staff can go back through the process, including additional public outreach. The process for code amendments includes briefing the Community Development and Neighborhood Committee; Planning Commission review followed up by City Council review and final action. As part of any zoning code amendment a public hearing is held by the Planning Commission and the City Council. ATTACHMENTS Map of ADU Registrations received during amnesty program 35 36 ADU Amnesty Program Application Status d 37 38 S 12Uth-P S 1 -8th St 1144Sttth't 7i S 7th�Si� Sa1:9th $ S 4.0th St 46th St 1 <iI St outhcenter B S.164th-St 61stt ADU Amnesty Program Appliication Status Cr Approved (5) 1 1 1 Denied (1) Pending (12) Under Construction (2) Withdrawn (1) S-Longacres Y City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING VARIOUS ORDINANCES AND TABLE 18-6, "LAND USES ALLOWED BY DISTRICT," AS CODIFIED IN TITLE 18, "ZONING," OF THE TUKWILA MUNICIPAL CODE, AND ADDING NEW SECTIONS TO TITLE 18, PERTAINING TO ACCESSORY DWELLING UNIT REGULATIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's Zoning Code, codified at the Tukwila Municipal Code, Title 18, contains provisions pertaining to accessory dwelling units ("ADU"); and WHEREAS, the Tukwila City Council desires to update the Zoning Code to make modifications to the City's regulations for ADUs; and WHEREAS, the City wishes to provide more affordable housing for its residents; and WHEREAS, the City wishes to minimize impact on surrounding single family homes by limiting attached ADUs and detached ADUs to one per lot and requiring documented homeowner occupancy of at least one of the units 100% of the time; and WHEREAS, the Zoning Code includes a "Definitions" section and the City wishes to update it to include a definition of accessory dwelling unit; and WHEREAS, the Zoning Code includes standards for the design of single family dwellings and the City wishes to update them to address accessory dwelling units; and WHEREAS, the City wishes to provide exceptions to the single family design standards for high quality, innovatively designed ADUs; and WHEREAS, the City wishes to adopt a new section of the Zoning Code with standards for the location, size, height, and use of accessory dwelling units; and W: Word Processing\ordinancesWDU regulations updated strike-thru 6-26-18.doc NG:bjs Page 1 of 18 39 WHEREAS, the City wishes to adopt a new section of the Zoning Code with new requirements for the registration of accessory dwelling units; and WHEREAS, the City wishes to encourage the registration of existing accessory dwelling units by offering additional flexibility during a one-year amnesty period; and WHEREAS, the City wishes to remove accessory dwelling units as accessory uses in non-residential zones; and WHEREAS, on October 18, 2017, the City was informed by the Washington State Department of Commerce that it had met the Growth Management Act notice requirements under RCW 36.70A.106; and WHEREAS, on October 26, 2017, the Tukwila Planning Commission, following adequate public notice, including notice mailed to all owners and tenants of Low Density Residential -zoned parcels, held a public hearing to receive testimony concerning amending the Tukwila Municipal Code as described herein; and WHEREAS, on January 24, 2018, the City's State Environmental Policy Act (SEPA) Responsible Official issued a Determination of Non -Significance on these proposed amendments; and WHEREAS, on February 15, 2018, the Tukwila Planning Commission adopted a motion recommending the proposed amendments; and WHEREAS, on April 9, 2017 the Tukwila City Council, following adequate public notice, held a public hearing to receive a testimony concerning the recommendations of the Planning Commission; and WHEREAS, the City Council finds that the proposed amendments serve to further implement the planning goals of the adopted Comprehensive Plan and the Growth Management Act, bear a substantial relation to the public health, safety or welfare, and promote the best long-term interests of the Tukwila community; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. TMC Section Adopted. A new section is hereby added to Tukwila Municipal Code (TMC) Chapter 18.06, "Definitions," to read as follows: Accessory Dwelling Unit "Accessory dwelling unit (ADU)" means a dwelling unit that is within or attached to a single-family dwelling or in a detached building on the same lot as the primary single- family dwelling. An ADU is distinguishable from a duplex by being clearly subordinate to the primary dwelling unit, both in use and appearance. W: Word Processing\OrdinanceshADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 2 of 18 40 Section 2. Ordinance Nos. 2518 §7, 1971 §4, and 1758 §1 (part), as codified at TMC Section 18.10.060, "Basic Development Standards," are hereby amended to read as follows: 18.10.060 Basiic Development Standards Development within the Low -Density Residential District shall conform to the following listed and referenced standards: LDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 6,500 sq. ft. Average lot width (min. 20 ft. street fronts a width), minimum 50 feet Development Area, maximum (only for single family develo menf) 75% on lots less than 13,000 sq. ft. up to a maximum of 5,850 sq. ft. 45% on Tots greater than or equal tot 13,000 sq. ft. Setbacks to yards, minimum: • Front 20 feet • Front, decks or porches 15 feet • Second front 10 feet • Sides 5 feet • Rear 10 feet Height, maximum 30 feet Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations • Accessory dwelling unit See TMC Section 18.50.220 • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations Section 3. Ordinance Nos. 2199 §12, 1976 §23, and 1758 §1 (part), as codified at TMC Section 18.12.070, "Basic Development Standards," are hereby amended to read as follows: W: Word Processing \ordinances'ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 3 of 18 41 18.12.070 Basic Development Standards Development within the Medium Density Residential District shall conform to the following listed and referenced standards: MDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 8,000 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi -family) 3,000 sq. ft. (For townhouses the density shall be calculated based on one unit per 3000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements). Average lot width (min. 20 ft. street frontage width), minimum 60 feet (Applied to parent lot for townhouse plats) Setbacks, minimum: .Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear - 1st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) Townhouse building separation, minimum • 1 and 2 story buildings 10 feet • 3 story buildings 20 feet W: Word Processing\OrdinancesWDU regulations updated strike-thru 6-26-18.doc NG:bjs Page 4 of 18 42 Height, maximum 30 feet Landscape requirements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements • Front(s) 15 feet • Sides 10 feet • Rear 10 feet Development area coverage 50% rnaximum (75% for townhouses) Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Regulations. • Accessory dwelling unit See TMC Section 18.50.220 • Other uses See TMC Chapter 18.56, Off-street Parking & Loading Regulations Section 4. Ordinance Nos. 2199 §14, 1976 §27, '1830 §3, and 1758 §1 (part), as codified at TMC Section 18.14.070, "Basic Development Standards," are hereby amended to read as follows: 18.14.070 Basic Development Standards Development within the High -Density Residential District shall conform to the following listed and referenced standards: HDR BASIC DEVELOPMENT STANDARDS Lot area, minimum 9,600 sq. ft. (Applied to parent lot for townhouse plats) Lot area per unit (multi -family, except senior citizen housing) 2,000 sq. ft. (For townhouses the density shall be calculated based on one unit per 2000 sq. ft. of parent lot area. The "unit lot" area shall be allowed to include the common access easements.) Average lot width (min. 20 ft. street frontage width), minimum 60 feet (Applied to parent lot for townhouse plats) Setbacks, minimum: Applied to parent lot for townhouse plats • Front - 1st floor 15 feet • Front - 2nd floor 20 feet • Front - 3rd floor 30 feet (20 feet for townhouses) • Front — 4th floor 45 feet (20 feet for townhouses) W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 5 of 18 43 • Second front - 1st floor 7.5 feet • Second front - 2nd floor 10 feet • Second front - 3rd floor 15 feet (10 feet for townhouses) • Second front — 4th floor 22.5 feet (10 feet for townhouses) • Sides - 1st floor 10 feet • Sides - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Sides - 3rd floor 20 feet (30 feet if adjacent to LDR) (10 feet for townhouses unless adjacent to LDR) • Sides — 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) • Rear - 1st floor 10 feet • Rear - 2nd floor 20 feet (10 feet for townhouses unless adjacent to LDR) • Rear - 3rd floor 20 feet (30 feet if adjacent to LDR; 10 feet for townhouses unless adjacent to LDR) • Rear — 4th floor 30 feet (20 feet for townhouses unless adjacent to LDR) Townhouse building separation, minimum • 1 and 2 story buildings 10 feet • 3 and 4 story buildings 20 feet Height, maximum 45 feet Development area coverage 50% maximum (except senior citizen housing), (75% for townhouses) Landscape requirements (minimum): Applied to parent lot for townhouse plats See Landscape, Recreation, Recycling/ Solid Waste Space requirements chapter for further requirements • Front(s) 15 feet • Sides 10 feet • Rear 10 feet Recreation space 400 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit W: Word Processing\OrdinancestADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 6 of 18 44 Off-street • arkiing: • Residential (except senior citizen housin• See TMC Chapter 18.56, Off-street Parking & Loading Regulations. • Accesso dwelling unit See TMC Section 18.50.220 • Other uses, including senior citizen housin• See TMC Chapter 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 5. Ordinance Nos. 2251 §22, 1976 §30, 1872 §1, 1865 §18, 1830 §7, and 1758 §1 (part), as codified at TMC Section 18.16.080, "Basic Development Standards," are hereby amended to read as follows: 18.16.080 Basic Development Standards Development within the Mixed Use Office District shall conform to the following listed and referenced standards. In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC 18.60.030). Certain setback and landscaping standards may be waived by the Director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced, efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian oriented space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. (See the Tukwila International Boulevard Design Manual for more detailed directions.) MUO BASIC DEVELOPMENT STANDARDS Lot area per unit, multi -family (except senior citizen housin ), minimum 3,000 sq. ft. Setbacks to ards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1..5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 7 of 18 45 • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 30 feet Height, maximum 4 stories or 45 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR • Rear 10 feet 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Recreation space Recreation space, senior citizen housing Off-street parking: • Residential (except senior citizen housing) • Office, minimum 10 feet 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) 100 sq. ft. per dwelling unit See TMC Chapter 18.56, Off street Parking & Loading Regulations 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses, including senior See TMC Chapter 18.56, Off-street citizen housing Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 6. Ordinance Nos. 1976 §35, 1872 §2, and 1758 §1 (part), as codified at TMC Section 18.18.080, "Basic Development Standards," are hereby amended to read as follows: W: Word ProcessinglordinancesWDU regulations updated strike-thru 6-26-18.doc NG:bjs Page 8 of 18 46 18.18.080 Basic Development Standards Development within the Office District shall conform to the following listed and referenced standards: OFFICE BASIC DEVELOPMENT STANDARDS Setbacks to yards, minimum: • Front 25 feet • Second front 12.5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR - 1st Floor 10 feet - 2nd Floor 20 feet - 3rd Floor 30 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR - 1st Floor 10 feet - 2nd Floor 20 feet - 3rd Floor 30 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space rec�uirernents chapter for further requirements • Front 15 feet • Second front 12.5 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 5 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Off-street parking: • Residential See TMC 18.56, Off-street Parking/Loading Regulations • Office, minimum 3 per 1,000 sq. ft. usabe floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC 18.56, Off-street Parking & Loading Regulations W: Word Processing\OrdinanceslAOU regulations updated strike-thru 6-26-18.doc NG:bjs Page 9 of 18 47 Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21 C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 7. Ordinance Nos. 2518 §8, 1976 §39, 1872 §3, and 1758 §1 (part), as codified at TMC Section 18.20.080, "Basic Development Standards," are hereby amended to read as follows: 18.20.080 Basic Development Standards Development within the Residential Commercial Center District shall conform to the following listed and referenced standards: RCC BASIC DEVELOPMENT STANDARDS Lot area, minimum 5,000 sq. ft. Lot area per unit (multi -family), minimum 3,000 sq. ft. Setbacks to yards, minimum: • Front 20 feet • Second front 10 feet • Sides 5 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear 10 feet Height, maximum 3 stories or 35 feet Landscape requirements (minimum): All setback areas shall be landscaped. Required landscaping may include a mix of plant materials, bioretention facilities, pedestrian amenities and features, outdoor cafe -type seating and similar features, subject to approval. See Landscape, Recreation, Recycling/Solid Waste Space chapter for further requirements • Front 20 feet • Second front 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) W: Word Processing\Ordinances\ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 10 of 18 48 Off-street parking: • Residential See TMC Chapter 18.56, Off-street Parking & Loading Re ulations • Office, minimum 3 per 1,000 sq. ft. usable floor area • Retail, minimum 2.5 per 1,000 sq. ft. usable floor area • Other uses See TMC Chapter 18.56, Off-street Parking & Loadin Re ulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC Chapter 8.22, "Noise", and (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 8. Ordinance Nos. 1976 §42, 1872 §4, 1865 §25, 1830 §13, and 1758 §1 (part), as codified at TMC Section 18.22.080, "Basic Development Standards," are hereby amended to read as follows: 18.22.080 Basic Development Standards Development within the Neighborhood Commercial Center District shall conform to the following listed and referenced standards: In the Tukwila International Boulevard corridor, there are circumstances under which these basic standards may be waived (see TMC Section 18.60.030). Certain setback and landscaping standards may be waived by the director of Community Development as a Type 2 decision when an applicant can demonstrate that shared parking is provided. If a project requires a Type 4 approval process, certain setbacks and landscaping may be waived by the BAR when an applicant can demonstrate that the number of driveways is reduced„ efficiency of the site is increased, joint use of parking facilities is allowed or pedestrian space is provided. Landscaping and setback standards may not be waived on commercial property sides adjacent to residential districts. See the Tukwila International Boulevard Design Manual for more detailed directions. W: Word Processing\Ordinances ADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 11 of 18 49 NCC BASIC DEVELOPMENT STANDARDS Lot area per unit for senior citizen housing, minimum 726 sq. ft. (senior housing) Setbacks to yards, minimum: • Front 6 feet (12 feet if located along Tukwila International Blvd. S.) • Second front 5 feet • Sides 10 feet • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet • Rear 10 feet • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR Ratio of 1.5:1 setback (for every 1.5 feet of bldg. height, setback 1 foot from property line) min. of 10 feet and a max. of 20 feet Height, maximum 3 stories or 35 feet (4 stories or 45 feet in the NCC of the Tukwila International Boulevard, if a mixed use with a residential and commercial component) Landscape requirements (minimum): See Landscape, Recreation, Recycling/Solid Waste Space requirements chapter for further requirements • Front 5 feet • Front(s) if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Sides None • Sides, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet • Rear none • Rear, if any portion of the yard is within 50 feet of LDR, MDR, HDR 10 feet Recreation space 200 sq. ft. per dwelling unit (1,000 sq. ft. min.) Recreation space, senior citizen housing 100 sq. ft. per dwelling unit W: Word Processing\OrdinancesWDU regulations updated strike-thru 6-26-18.doc NG:bjs Page 12 of 18 50 Off-street parking: • Residential (except senior citizen housing) See TMC 18.56, Off-street Parking/Loading Regulations • Office 3 per 1,000 sq. ft. usable floor area • Retail 2.5 per 1,000 sq. ft. usable floor area • Manufacturing 1 per 1,000 sq. ft. usable floor area minimum • Warehousing 1 per 2,000 sq. ft. usable floor area minimum • Other uses, including senior citizen housing See TMC 18.56, Off-street Parking & Loading Regulations Performance Standards: Use, activity and operations within a structure or a site shall comply with (1) standards adopted by the Puget Sound Air Pollution Control Agency for odor, dust, smoke and other airborne pollutants, (2) TMC 8.22, "Noise", and, (3) adopted State and Federal standards for water quality and hazardous materials. In addition, all development subject to the requirements of the State Environmental Policy Act, RCW 43.21C, shall be evaluated to determine whether adverse environmental impacts have been adequately mitigated. Section 9. Ordinance Nos. 2500 §23, and 2098 §2, as codified at TMC Section 18.50.050, "Single -Family Dwelling Design Standards," are hereby amended to read as follows: 18.50.050 Single -Family Dwelling Design Standards All new single-family dwellings, as well as accessory dwelling units and other accessory structures that require a building permit, must: 1. Be set upon a permanent concrete perimeter foundation, with the space from the bottom of the home to the ground enclosed by concrete or an approved concrete product that can be either load bearing or decorative. 2. If a manufactured home, be comprised of at least two fully -enclosed parallel sections, each of not less than 12 feet wide by 36 feet long. 3. Be thermally equivalent to the current edition of the Washington State Energy Code with amendments. 4. Have exterior siding that is residential in appearance including, but not limited to, wood clapboards, shingles or shakes, brick, conventional vinyl siding, fiber - cement siding, wood -composite panels, aluminum siding or similar materials. Materials such as smooth, ribbed or corrugated metal or plastic panels are not acceptable. 5. Have the front door facing the front or second front yard, if the lot is at least 40 feet wide. This requirement does not apply to ADUs or accessory structures. W: Word ProcessinglOrdinancesWDU regulations updated strike-thru 6-26-18.doc NG:bjs Page 13 of 18 51 6. Have a roofing material that is residential in appearance including, but not limited to, wood shakes or shingles, standing seam metal, asphalt composition shingles or tile, with a minimum roof pitch of 5:12. Section 10. Ordinance Nos. 2368 §52, and 2098 §3, as codified at TMC Section 18.50.055, "Single -Family Design Standards Exceptions," are hereby amended to read as follows: 18.50.055 Single -Family Design Standard Exceptions A. The design standards required in TMC Section 18.50.050 (4), (5) and (6) may be modified by the Community Development Director as a Type 2 Special Permission decision. 1. The criteria for approval of use of unconventional exterior siding are as follows: a. The structure exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation; and b. The proposed siding material is durable with an expected life span similar to the structure; and c. The siding material enhances a unique architectural design. 2. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern); b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height; c. If a sloped roof is proposed, it must have at least 24-inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 3. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; b. The house will be set back at least twice the minimum front yard setback; c. The entrance is oriented to take advantage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design. W: Word Processing\OrdinancestADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 14 of 18 52 B. The design standards required in TMC Section 18.50.050 (5) and (6) may also be modified by the Community Development Director as a Type 2 Special Permission decision if the proposal includes a replacement of a single wide manufactured home with a double wide and newer manufactured home. The property owner can apply for this waiver only one time per property starting from the date of adoption of this ordinance. Additionally, the proposal should result in aesthetic improvement to the neighborhood. C. The design standards required in TMC Section 18.50.220.A (4) may be modified by the Community Development Director as a Type 2 Special Permission decision. The design of an attached ADU that does not reflect the design vocabulary of the existing prirnary residence may be approved if the new portion of the structure exhibits a high degree of design quality, including a mix of durable exterior materials, detailing, articulation and modulation. Section 11. TMC Section Adopted. TMC Section 18.50.220, "Accessory Dwelling Unit (ADU) Standards," is hereby established to read as follows: 18.50.220 Accessory Dwelling Unit (ADU) Standards A. GeneralI Standards. 1. Detached ADUs may only be built on lots that meet the minimum lot size required in the Zoning District they are located within. Attached ADUs have no minimum lot size requirement. 2. Only one ADU, either attached or detached, is permitted per parcel containing a single-family dwelling. 3. Attached ADUs may occupy a maximum of 40% of the square footage of the primary single-family dwelling (excluding the area of any attached garage) or up to 1,000 square feet, whichever is Tess. 4. Attached ADUs created through additions to the primary single-family dwelling shall be consistent with the roof pitch, materials and window type of the existing structure. 5. Detached ADUs may be a maximum of 800 square feet. If built over a detached garage, the detached garage would not count toward the area limit for the ADU. 6. Detached ADUs may be up to 20 feet in height, except that an ADU built over a detached garage may be up to 25 feet in total height. 7. Detached ADUs must be set back at least as far from the street as the primary single-family dwelling. This does not apply to the second front of a through or corner lot, where the unit is incorporated into an existing structure, or where there is at least 60 feet between the existing single-family dwelling and the front property line. 8. ADUs should be designed and located in a manner that minimizes the impact on adjacent development. This can be achieved by avoiding window and door placement directly across from openings on neighboring structures or where that is not W: Word Processing\OrdinancesWDU regulations updated strike-thru 6-26-18.doc NG:bjs Page 15 of 18 53 practical using clerestory windows or obscure glass. Screening with fences and landscaping can be used to limit visibility of ADUs and enhance privacy. 9. The ADU may not be sold as a condominium or otherwise segregated in ownership from the primary single-family dwelling. 10. ADUs may not be rented for periods of less than 30 days. B. Parking. 1. One off-street parking space must be provided for each studio or one bedroom ADU, with one additional space required for each additional bedroom. 2. These ADU parking spaces are in addition to any parking spaces required for the primary single-family dwelling. 3. Tandem spaces are permitted. C. Owner Occupancy Requirement. 1. A person who owns at least 50% of the property must physically reside in either the ADU or the primary single-family dwelling. The owner's unit may not be rented to another party for any period of time. 2. The owner must provide documentation of their occupancy such as a vehicle or voting registration. Falsely certifying owner occupancy or failure to comply with the residency requirement shall result in the loss of ADU registration and penalties per TMC Chapter 5.06. 3. The owner or owners must sign and record an affidavit on forms provided by the City acknowledging that this requirement shall run with the land. 4. If the owner occupancy requirement is violated an owner shall either: a. Re -occupy one of the units, or b. Remove the elements of the accessory dwelling unit that make it a complete, separate dwelling unit. D. Failure to comply with any of the requirements of this section shall be subject to enforcement and penalties as prescribed in TMC Chapter 8.45 and the issuance of a Notice of Violation and Order in accordance with TMC Section 8.45.070. Section 12. TMC Section Adopted. TMC Section 18.50.230, "Accessory Dwelling Unit (ADU) Registration Procedures," is hereby established to read as follows: 18.50.230 Accessory Dwelling Unit (ADU) Registration Procedures A. To gain the City's approval to establish an ADU, a property owner shall submit a registration form, sign and record an affidavit of owner occupancy, and obtain a building permit for any necessary remodeling or construction. B. All ADUs existing prior to the enactment of these requirements shall apply for registration within one year after the effective date of Ordinance No. 2581. Within the W: Word Processing\OrdinanceslADU regulations updated strike-thru 6-26-18.doc NG:bjs Page 16 of 18 54 one-year amnesty period existing ADUs may be registered without meeting one or more of the following standards: 1. Exceeding the permitted height for a detached ADU. 2. Exceeding the permitted area for an attached or detached ADU up to a maximum of 1,200 square feet. 3. Only providing one parking space when the ADU requires more. 4. Having a roof pitch of Tess than 5:12. 5. Location of the ADU on the lot. C. Illegally -created ADUs must be brought into compliance with the life safety requirements of the Tukwila Municipal Code, International Residential Code and International Property Maintenance Code or they must be removed. D. If either the primary single-family dwelling or the ADU will be rented, a Residential Rental Business License per TMC Chapter 5.06 must be obtained prior to occupancy of the unit by a tenant. Section 13. Table 18-6: "Land Uses Allowed by District," as codified in TMC Title 18, relating to "Dwelling unit —Accessory," and footnote 17, are hereby amended as set forth below. The amended Table 18-6 is attached as Exhibit A. Dwelling unit — Accessory 17. See TMC Section 18.50.220 for accessory dwelling unit standards. Section 14. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection numbering. Section 15. Severability. If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. W: Word Processing\OrdinancesWDU regulations updated strike-thru 6-26-18.doc NG:bjs Page 17 of 18 55 Section 16. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shall take effect and be in full force five days after passage and publication as provided by law. PASSED BY THE CITY COUNCIIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this U day of u , 2018. ATTEST/AUTHENTICATED: O Christy O'Flahrty, MMC, City Cler APPROVED AS TO FORM BY: Rac el B. Turpin, City Attorney Allan berg, Mayor Filed with the City Clerk: Passed by the City Council: Published: 9-6-1 Effective Date: r) .-0- 1 5' Ordinance Number: (- , Attachment: Exhibit A, Table 18-6: Land Uses Allowed by District W: Word Processing \OrdinancesWDU regulations updated strike-thru 6-26-18.doc NG:bjs Page 18 of 18 56 Exhibit A — Table 18-6: Land Uses Allowed by District See Table 18-2 for uses allowed in TUC and Figure 18-1 for uses allowed in Shoreline. For properties zoned LDR, MDR and HDR that are designated as Commercial Redevelopment Areas (see figure 18-9 or 18-10), the uses and development standards of the adjacent commercial zone are permitted and shall apply, subject to the specific criteria and procedures defined in TMC 18.60.060 Adult day care A A A A A A A P Adult entertainment (subject to location restrictions') P P P P P P P Airports, landing fields and heliports (except emergency sites) u u Amusement Parks C C C C C C P Animal rendering u P Animal shelters and kennels, subject to additional State and local regulations (less than 4 cats/dogs = no permit) C C C C C C Animal Veterinary, including associated temporary indoor boarding; access to an arterial required P P P P P P P P Automobile, recreational vehicles or travel trailer or used car sales lots Automotive services, gas (outside pumps allowed), washing, body and engine repair shops (enclosed within a building); and alternate fueling station (not wholesale distribution facilities). Beauty or barber shops P P P P P 0 P P P P P P P P P P P P C3 C4 P P Bed and breakfast lodging for not more than twelve guests Bed and breakfast lodging (no size limit specified) C C C C P Bicycle repair shops P P P P P P P P P P P P P Billiard or pool rooms P A P P P P P 0 P Boarding Homes C C Brew Pubs P P C P P P P P P P P P P Bus stations P P P P P P P P P P Cabinet shops or carpenter shops employing less than five people Cargo containers (*see also TMC 18.50.060) A&S A&S A&S P P A&S P A&S P A&S P P P P P P P P P Cement manufacturing u u u u u u Cemeteries and crematories C C C C C C C C C C C C Adopted 2016.Ordinance No. 2500 Page 1 Colleges and universities Commercial laundries Commercial Parking Computer software development and similar uses P7 P P7 P P P P P7 P P P7 P P P7 P P P8 P P P8 P P P9 C10 P P P8 P P Contractor storage yards Continuing care retirement facility Convalescent & nursing homes & assisted living facility for not more than twelve patients Convalescent & nursing homes & assisted living facility for more than twelve patients Convention facilities C P C P C C P C C C P C C P C P C P C P P C P C P P P P P P P P C P C P P P P P Correctional institutes U11 Daycare Centers (not home -based) P P P P P P P P P P P P P P P Daycare Family Home (Family Child Care Home)12 A A A A A A A A A A A Diversion facilities and diversion interim services facilities south of Strander Blvd Dormitory C C C A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 A13 Drive-in theatres C C C C C C Dwelling — Detached single family (Includes site built, modular home or new manufactured home). One detached single family dwelling per existing lot permitted in MUO, 0, RCC, NCC, TVS. P P P P P P P P P14 Dwelling- Detached Zero -Lot Line Units P Dwelling- Duplex, triplex or fourplex or townhouse up to four attached units P Dwelling- Townhouses P Dwelling —Multi-family P P15 P14 Dwelling — Multi -family units above office and retail uses P P P P C16 22/ ac P14 Dwelling —Senior citizen housing, including assisted living facility for seniors *see purpose section of chapter, uses sections, and development standards P meeting density and all other MDR standard P 60/ac P 60/ac P 60/ ac P 60/ac P 60/ac C16 100 / ac P14 Dwelling unit—Accessoryl7 A A A Page 2 Electrical Substation — Distribution Electrical Substation —Transmission/Switching Electric Vehicle Charging Station — Level 1 and Level 2 Electric Vehicle Charging Station — Level 3, battery exchange stations, and rapid charging stations. (TMC 18.50.140) Essential public facilities, except those uses listed separately in any of the other zones Extended -stay hotel/motel Farming and farm -related activities Financial, banking, mortgage, other services Fire & Police Stations Fix -it, radio or television repair shops/rental shops Fraternal organizations Frozen food lockers for individual or family use Garage or carport (private) not exceeding 1,500 sq.ft. on same lot as residence and is subject to the regulations affecting the main building. Greenhouses (noncommercial) and storage sheds not exceeding 1,000 Greenhouses or nurseries (commercial) Hazardous waste treatment and storage facilities (off -site) subject to compliance with state siting criteria (RCW Chapter 70.105) (See TMC 21.08) Heavy equipment repair and salvage Helipads, accessory Home Occupation *see definition and accessory use Hospitals Hospitals, sanitariums, or similar institutes Hotels Hydroelectric and private utility power generating plants Industries involved with etching, film processing, lithography, printing and publishing Internet Data/Telecommunication Centers Landfills and excavations which the responsible official, acting pursuant to the State Environmental Policy Act, determines are significant environmental actions Laundries; self -serve, dry cleaning, tailor, dyeing Libraries, museums, or art galleries (public) Manuf./Mobile home park38 _MIEN_ �wl P P P P P P P ge 3 . '^ 1 i1"L'�.FiyAsrti{r1: '' 9 cs-- t. �-�w�3,�•C�Sit-- ?-�."._-� --: •t��`f"�6 �t �..��it;YyeRIT--3 � `. _� p�,(�- -_: q� _3-...'"1. r:r3 .a`;—• a r f,. !.'tom _�� sr�'(-,,r..San 'viktJ9.a1 1 a-'-AP•k�"`+� h ..o,- ,T....::_-..,. v . ...e::: .-_`.. 3 Manufacturing and industrial uses that have little potential for creating off- site noise, smoke, dust, vibration or other external environmental impacts or pollution: -- .-:�k^ s.•- - _ a' '' ,, j i -� �� {yyy�,' #7e: ';i-�` <L ..-. sa, -i.4.., � 'Y -i. - o :9� . '�`. i ��;"� `.-a a:�- `�#. � l:� _ e �s; 'a'''^ ��'d*.�- _ - a. _ {� � . 'Mf.'ir�'�.. �a_^.n;.e -`y.• A) Manufacturing, processing and/or packaging pharmaceuticals and related products, such as cosmetics and drugs P19 p p p p p p p p p B) Manufacturing, processing and/or packaging previously prepared materials including, but not limited to, bags, brooms, brushes, canvas, day, clothing, fur, furniture, glass, ink, paint, paper, plastics, rubber, tile, and wood P19 p P P PP p p p p C) Manufacturing, processing, assembling, packaging and/or repairing electronic, mechanical or precision instruments such as medical and dental equipment, photographic goods, measurement and control devices, and recording equipment - P19 P P P - P P - p p p p D) Manufacturing, processing, packaging of foods, such as baked goods, beverages, candy, canned or preserved foods, dairy products and byproducts, frozen foods, instant foods, and meats (no slaughtering) i)) Fermenting and distilling included P P P p ii)) No fermenting and distilling P19 p p p p p Manufacturing and industrial uses that have moderate to substantial potential for creating off -site noise, smoke, dust, vibration or other external environmental impacts: A) Manufacturing, processing and/or assembling chemicals, light metals, plastics, solvents, soaps, wood, coal, glass, enamels, textiles, fabrics, plaster, agricultural products or animal products (no rendering or slaughtering) C C P C P C B) Manufacturing, processing and/or assembling of previously manufactured metals, such as iron and steel fabrication; steel production by electric arc melting, argon oxygen refining, and consumable electrode melting; and similar heavy industrial uses C C P C P C C) Manufacturing, processing and/or assembling of previously prepared metals including, but not limited to, stamping, dyeing, shearing or punching of metal, engraving, galvanizing and hand forging C C C PP P P C Page 4 D) Manufacturing, processing, assembling and/or packaging of electrical or mechanical equipment, vehicles and machines including, but not limited to, heavy and light machinery, tools, airplanes, boats or other transportation vehicles and equipment E) Heavy metal processes such as smelting, blast furnaces, A P P P P P C drop forging or drop hammering c P Manufacturing, refining or storing highly volatile noxious or explosive products (less than tank car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for accessory storage of such materials U U U Marijuana producers, processors, or retailers (with state issued license) P P P20 Mass transit facilities U u u u u U u U Medical and dental laboratories Minor expansion of an existing warehouse P P P P P P P P P S Mortician and funeral homes Motels Movie theaters with three or fewer screens P P P P P P P P P P C c P P IL Movie theaters with more than 3 screens C P P s Offices including: medical, dental, government (excluding fire & police stations), professional, administrative, business, e.g. travel, real estate & commercial P23 P P23 P24 P P P P P P9 Cio P25 C26 P P Office or sample room for wholesale or retail sales, with less than 50% storage or warehousing Outpatient and emergency medical and dental services P C3 C4 Park & ride lots Parking areas A A A C A C A A C A C A C A c A C A C A C A c A c A C A Parks, trails, picnic areas and playgrounds (public), but not including amusement parks, golf courses, or commercial recreation P P P P P P P P P P P P P P P P P Pawnbroker C C P P P P P Planned Shopping Center (mall) P P P P P P P27 Plumbing shops (no tin work or outside storage) P P 0 P P P P Radio, television, microwave, or observation stations and towers C C C C C C c c c C c C c C c C Railroad freight or classification yards u Railroad tracks (including lead, spur, loading or storage) P P P P P P Recreation facilities (commercial — indoor) —athletic or health clubs P P P P P P P P C3 P P P Recreation facilities (commercial — indoor), including bowling alleys, skating rinks, shooting ranges C P P P P P P Page 5 'e - . ` - . e,p. [y'r . ,.,f `F' a - - Xm-,.,-yam _.F. �=T* c -.' qy iiJ-1 am. .%`3ti .. �'`_ T�N*' fi�a. �`,-'`��st' 'i �- "Ca0 Sa "e t -€� ...a r+ra : � •--.5'. ,. n._ ...-its-il.�r -.. e. 'z x.%'I .': :3.._s_ J N)�"=��'.�4 �.='�t`��.k*�' t _ --, r -[ i' .3?` "E 3�AY '# °�" - _. �?, .;�; i Y''- '2,�.� w .y_g.. _fiI`!t a �'_�`_�*. .ems c$(F- \ -- f ° ;' .�-`�'t4*:'13i�y,� . ems. . � aAnyn. � '�cr 5 - "'°',4 _'E -'-F` �ti,.` -- � - ��yy_� ,_� _�. `•a � o _�aE�Ah.��E.-i.��_ .�`- -�� Recreation facilities (commercial — outdoor), including golf courses, golf driving ranges, fairgrounds, animal race tracks, sports fields C C C C Recreation facilities (public), including, but not limited to sports fields, community centers and golf courses C C C C C C C C C C C C C C P - Recreational area and facilities for employees A A A A A A A A A A A A A Religious facilities with an assembly area less than 750 sq.ft. P P P P P P p p p p p Religious facilities with an assembly area greater than 750 sq.ft. and community center buildings C C C C C C C C C C C Religious facility and community center buildings C C C Removal and processing of sand, gravel, rock, peat, black soil and other natural deposits together with associated structures U U U U U U Rental of vehicles not requiring a commercial driver's license P P P P P p P p p Rental of commercial trucks and fleet rentals requiring a commercial driver's license P P P P P P P Research and development facilities P P Residences for security or maintenance personnel A A A A A A A A A A A A A Restaurants including drive through, sit down, cocktail lounges in conjunction with a restaurant P P P P P P P P P Restaurants including cocktail lounges in conjunction with a restaurant P P C P Retail sales of furniture appliances, automobile parts and accessories, liquor, lumber/bldg. materials, lawn & garden supplies, farm supplies p p p p p P P P Retail sales, e.g. health/beauty aids/prescription drugs/ food/ha rdware/notions/crafts/supplies/housewares/electronics/ photo-equip/film processing/ books/magazines/stationery/ clothing/shoes/flowers/plants/pets/jewelry/gifts/rec. equip/ sporting goods, and similar items P P P P P P P P C3 C4 P p Retail sales as part of a planned mixed -use development where at least 50% of gross leasable floor area development is for office use; no auto -oriented retail sales (e.g., drive-ins, service stations) P P Rock crushing, asphalt or concrete batching or mixing, stone cutting, brick manufacture, marble works, and the assembly of products from the above materials C C P C P C C Sales and rental of heavy machinery and equipment subject to landscaping requirements of TMC Chapter 18.52' P P P P P P P Salvage and wrecking operations p P C Salvage and wrecking operations which are entirely enclosed within a building P P P P Schools and studios for education or self-improvement P P P P P P P P P P9 C10 P28 P P Page 6 Schools, preschool, elementary, junior & senior high schools (public), and equivalent private schools Secure community transition facility Self -storage facilities C C C C C C rs C U C IMO P (public only) Sewage lift station Shelter Stable (private) Storage (outdoor) of materials allowed to be manufactured or handled within facilities conforming to uses under this chapter; and screened pursuant to TMC Chapter 18.52 Storage (outdoor) of materials is permitted up to a height of 20 feet with a front yard setback of 25 feet, and to a height of 50 feet with a front yard setback of 100 feet; security required Storm water - neighborhood detention + treatment facilities Storm water pump station Studios — Art, photography, music, voice and dance Taverns, nightclubs Telephone exchanges Theaters, except those theaters which constitute "adult entertainment establishments" as defined by this Zoning Code Tow -truck operations, subject to all additional State and local regulations Transfer stations (refuse and garbage) when operated by a public agency Truck terminals Utilities, regional Vehicle storage (no customers onsite, does not include park -and -fly operations) Warehouse storage and/or wholesale distribution facilities Water pump station Water utility reservoir and related facilities Wireless Telecommunications Facilities ('see TMC Ch. 18.58) Note: The Director of Community Development will make a determination for uses not specifically listed in the Zoning Code. The Director will consider whether the proposed use is: o. Similar in nature to and compatible with other uses permitted out right within a similar zone; and b. Consistent with the stated purpose of the zone; and c. Consistent with the policies of the Tukwila Comprehensive Plan. Page 7 1. Adult entertainment establishments are permitted, subject to the following location restrictions: a. No adult entertainment establishment shall he allowed within the following distances from the following specified uses, areas or zones, whether such uses. areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any LDR, MDR, I-1DR, MUO, O. NCC, RC, RCM or TUC zone districts or any other residentially -zoned property; (2) In or within one-half mile of: (a) Public or private school with curricula equivalent to elementary, junior or senior high schools. or any facility owned or operated by such schools: and (b) Care centers, preschools, nursery schools or other child care facilities; (3) In or within 1,000 feet of: (a) public park, trail or public recreational facility; or (b) church, temple, synagogue or chapel: or (c) public library. b. The distances specified in TMC Section 18.30.020.1.a shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed use is to be located, to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. c. No adult entertainment establishment shall be allowed to locate within 1,000 feet of an existing adult entertainment establishment. The distance specified in this section shall be measured by following a straight line between the nearest points of public entry into each establishment. 2. No dismantling of cars or travel trailers or sale of used pans allowed. 3. Retail sales of health and beauty aids, prescription drugs, food, hardware. notions. crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing. books, magazines, stationery. clothing, shoes, Flowers. plants, pets, jewelry. gifts, recreation equipment and sporting goods, and similar items; retail services such as beauty and barber shops, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 4. Retail sales of health and beauty aids, prescription drugs, food, hardware, notions, crafts and craft supplies, housewares, consumer electronics, photo equipment, and film processing, books, magazines, stationery, clothing, shoes, flowers, plants, pets, jewelry, gifts, recreation equipment and sporting goods, and similar items; retail services such as beauty and barber shops, financial services, outpatient and emergency medical/dental services, and recreation/health clubs. Retail sales and services are limited to uses of a type and size that clearly intend to serve other permitted uses and/or the employees of those uses. 5. Bed and breakfast facilities, provided: a. the manager/owner must live on -site, h. the maximum number of residents, either permanent or temporary, at any one time is twelve, c. two on -site parking spaces for the owner and permanent residents and one additional on -site parking space is provided for each bedroom rented to customers, d. the maximum length of continuous stay by a guest is 14 days, e. breakfast must he offered on -site to customers, and f. all necessary permits or approvals are obtained from the Health Department. 6. Colleges and universities with primarily vocational curriculum if associated with an established aviation, manufacturing or industrial use. 7. Commercial parking; provided it is: a. located within a structure having substantial ground floor retail or commercial activities and designed such that the pedestrian and commercial environments are not negatively impacted by the parking use: or b. located at least 175 feet from adjacent arterial streets and behind a building that. combined with appropriate Type 111 landscaping, provides effective visual screening from adjacent streets. 8. Commercial parking subject to TMC Chapter 18.56, Off Street Parking and Loading Regulations. 9. Offices including, but not limited to, software development and similar uses, financial services. schools for professional and vocational education if associated with an established aviation. manufacturing or industrial use, less than 20,000 square feet. This category does not include outpatient medical and dental clinics. Page 8 10. Offices including, but not limited to, software development and similar uses, financial services, schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use, 20,000 square feet and over. 11. Correctional institution operated by the City ofTukwila. 12. Family child care homes, provided the facility shall be licensed by the Department of Early Learning or its successor agency and shall provide a safe passenger loading zone. 13. Dormitory as an accessory use to other uses that are otherwise permitted or approved conditional uses such as churches, universities. colleges or schools. 14. Allowed after residential design manual with criteria for approval is adopted by ordinance. 15. Dwelling - multi -family units on a lot that does not front on Tukwila International Boulevard South. subject to the HDR requirements of TMC Section 18.50.083, Maximum Building Length, and TMC Section 18.52.060, 2-4, Recreation Space Requirements. 16. Dwelling - Multi -family units (Max. 22.0 units/acre except senior citizen housing which is allowed to 100 units/acre, as a mixed -use development that is non -industrial in nature); must he located on property adjacent to and not greater than 500 feet from the Green River, Tukwila Pond. or Minkler Pond. 17. See TMC Section 18.50.220 for accessory dwelling unit standards. 18. Manufactured/mobile home park, meeting the following requirements: a. the development site shall comprise not less than two contiguous acres: b. overall development density shall not exceed eight dwelling units per acre: c. vehicular access to individual dwelling units shall be from the interior of the park; and d. emergency access shall be subject to the approval of the Tukwila Fire Department. 19. NCC allows businesses that include a retail component in conjunction with their manufacturing operation and meeting other performance standards of Chapter 18.22. These businesses may manufacture, process, assemble and/or package the following: a. foods, including but not limited to Naked goods, beverages. candy, canned or preserved foods, dairy products and by products, frozen foods, instant foods and meats (no slaughtering); b. pharmaceuticals and related products such as cosmetics and drugs: c. bags. brooms, brushes, canvas, clay, clothing, fur, furniture, glass. ink, paints, paper, plastics, rubber. tile and wood; d. electronic, mechanical, or precision instruments; e. other manufacturing and assembly of a similar light industrial character; f. industries involved with etching, lithography, printing, and publishing, mecting the City's performance standards and offering their services to the local populace on a walk-in basis: g. businesses that service and repair the above products, that are entirely enclosed within a building, offering their services to the local populace on a walk-in basis and meeting the City's performance standards. 20. Where the underlying zoning is HI or TVS. Page 9 21. Minor expansion of an existing warehouse if the following criteria are met: a. The area of the proposed expansion may not exceed 5%of the floor area of the existing warehouse; b. The proposed expansion will not increase any building dimension that is legally non -conforming; c. Only one minor expansion may he permitted per warehouse in existence as of the date of adoption of the Tukwila South Project Development Agreement; d. The proposed expansion must be constructed within two years of the date of approval; e. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; f All measures have been taken to minimize the possible adverse impacts the proposed expansion may have on the area in which it is located. 22. Movie theaters with more than three screens if the following criteria are met: a. The applicant must demonstrate through an economic analysis that the theater will not have a significant financial impact on any other theater in Tukwila; b. The proposed development shall be compatible generally with the surrounding land uses in terms of traffic and pedestrian circulation, building and site design; c. The proposed theater must demonstrate substantial conformance with the goals and policies of the Comprehensive Land Use Policy Plan and the Tukwila South Master Plan; d. All measures have been taken to minimize the possible adverse impacts the proposed theater may have on the area in which it is located. 23. Offices, when such offices occupy no more than the first two stories of the building or basement and floor above. 24. Offices. when such offices occupy no more than the first two stories of the building, or basement and floor above. or three stories, in the Urban Redevelopment Area along Tukwila International Boulevard. 25. Offices; must be associated with another permitted use (e.g., administrative offices for a manufacturing company present within the MIC). 26. Offices not associated with other permitted uses and excluding medical/dental clinics. subject to the following location and size restrictions: a. New Office Developments: (1) New office developments shall not exceed 100,000 square feet of gross floor area per lot that was legally established prior to 09120/2003. (2) No new offices shall be allowed on lots that abut the Duwamish River and are north of the tuming basin. The parcels that are ineligible for stand-alone office uses are shown in Figure 18-12. b. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) that exceeds the maximum size limitations may be recognized as a conforming Conditional Use under the provisions of this code. An existing office development established prior to 12/11/1995 (the effective date of the Comprehensive Plan) may convert to a stand-alone office use subject to the provisions of this code. 27. Planned shopping center (mall) up to 500,000 square feet. 28. Schools for professional and vocational education if associated with an established aviation, manufacturing or industrial use. Page 10 a 29. Secure community transition facility. subject to the following location restrictions: a. No secure community transition facility shall he allowed within the specified distances from the following uses, areas or zones, whether such uses, areas or zones are located within or outside the City limits: (1) In or within 1,000 feet of any residential zone. (2) - Adjacent to. immediately across a street or parking lot from, or within the line of sight of a "risk potential activity/facility" as defined in RCW 71.09.020 as amended, that include: (a) Public and private schools; (b) School bus stops; (c) Licensed day care and licensed preschool facilities; (d) Public parks. publicly dedicated trails, and sports fields; (e) Recreational and community centers; (f) Churches, synagogues. temples and mosques; and (g) Public libraries. One mile from any existing secure community transitional facility or correctional institution. (3) b. No secure community transition facility shall be allowed on any isolated parcel which is otherwise considered eligible by applying the criteria listed under TMC 18.38.050-12.a, but is completely surrounded by parcels ineligible for the location of such facilities. c. The distances specified in TMC 18.38.050-12.a shall be measured as specified under Department of Social and -Health Services guidelines established pursuant to RCW 71.09.285, which is by following &straight line from the nearest point of the property parcel upon which the secure community transitional facility is to be located. to the nearest point of the parcel of property or land use district boundary line from which the proposed land use is to be separated. d. The parcels eligible for the location of secure community transition facilities by applying the siting criteria listed above and information available as of August 19, 2002, are shown in Figure 18-11, "Eligible Parcels for Location of Secure Community Transition Facilities." Any changes in the development pattern and the location of risk sites/facilities over time shall be taken into consideration to determine if the proposed site meets the siting criteria at the time of the permit application. 30. Private stable, if located not less than 60 feet from front lot line nor less than 30 feet from a side or rear lot lime. It shall provide capacity for not more than one horse, mule or pony for each 20,000 square feet of stable and pasture area, but not more than a total of two of the above mentioned animals shall be allowed on the same lot. 3I . No night clubs. • 32. Theaters for live performances only, not including adult entertainment establishments. Page I I >kAtid 5kumut a. re, st,olotic, t&t*c.45,0-1--Irt.) v‘4_61-t. s•� otztre)-4 Atsti - v ' u441 i G;1 ► c .. li�c s y - 0 ,. �c�rw,p — at etc- 2. A-x.t 5 ``e-o µme" �.ID'►� �e.ex. y � 1 .x.Kt. a 04.gt6 iirrdtAAt.. b4 . - o . ;s - eu•vt- D a� . 41$ h. w¢, tit -PA I Qg9' - t,�.iwtsy rr ax ✓wa4. • raut c �slwj �,.A-451- -a` ®kDtit . _Cu.— .L3duett - 4 rola .01 ticK _As 0u- �`� ,t.A-/ ,. �90 coo rn.� -.aR, 7 £t cc� rte ,�o:'p�►� .� w,,.cAv,.o�- Z cg �rrj- lad- , ela �1 (Mc-1 1 , �14 • ,s�ctb� dlda wJ1--fit 'Mk AIL �•' TSP`'�, • �'p,�c:c,h' lost — Gay► 4- ^^ "`" — tip /f� City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Council Committee of the Whole FROM: Minnie Dhaliwal, Planning Supervisor BY: Jaimie Reavis, Senior Planner CC: Mayor Ekberg DATE: September 18, 2019 SUBJECT: Accessory Dwelling Unit (ADU) Amnesty Program Update ISSUE Update on the ADU regulations adopted in July 2018. BACKGROUND Ordinance 2581 adopted by the City Council on July 2, 2018 updated Tukwila's ADU regulations. The updated regulations allow for detached ADUs and require new and existing ADUs to apply for registration through an Accessory Dwelling Unit Registration Application. A one-year amnesty period adopted under Ordinance 2581 allowed for property owners with ADUs that were created illegally or which were in existence prior to an area's annexation to come forward to register their ADUs under more flexible zoning rules, provided the units met building code's life safety standards. Zoning flexibility given to existing ADUs applying for registration during the amnesty period included the following: • Exceeding the permitted height for a detached ADU • Exceeding the permitted area for an attached or detached ADU, up to 1,200 square feet • Not providing a second parking space for a two bedroorn ADU • Roof pitch of less than 5:12 • Location of the ADU on the lot. Owner occupancy, providing at least 1 parking space per ADIJ, and meeting the minimum lot size for a detached ADU were conditions that could not be waived. The one-year amnesty registration period ended on July 1, 2019. DISCUSSION A total of 21 ADU Registration Applications were submitted during the one-year amnesty program. See attached map for the location of these ADUs. I. Approval Process The process for registering an ADU during the amnesty period was broken down into the following steps: 1. Owner submits an ADU Registration Application (including owner affidavit, property site plan, and floorplan) and a Construction Permit Application. There is no fee for the registration application and the fee for the construction permit is $27.50. 2. The construction permit is issued over the counter in order to allow the applicant to schedule an inspection by a Building Inspector, Electrical Inspector, and a Planner INFORMATIONAL MEMO Page 2 3. If life safety issues are identified as part of the inspection, the applicant must address the issues by working through them with the inspectors, and scheduling a final inspection once identified issues are corrected. 4. Once the ADU passes the inspections, the Planner provides the applicant the ADU Notice to be recorded with King County. 5. Once the ADU Notice is recorded and a copy is returned to the Planner, the notice of decision (approval or denial of the ADU Registration Application) is issued. II. Status of applications Here is the current review status of the 21 ADU registration applications that were submitted during the one-year amnesty program: Approved: 5 Denied: 1 Withdrawn: 1 Pending: 12 (First inspection identified life safety issues for majority of these; First inspection is pending for 2 of them) lireconstruction: 2 III. Issues that came to Tight as we started implementing the ADU amnesty program: A. Zoning related issues: • ADU vs main house size limitations: Many basement ADUs in one-story homes are the same size as the main floor of the primary home, so it's difficult for them to meet the size limit of 40% of the primary dwelling. i her i e size o e p • f the ble. • Owner Occupancy requirement: Owner occupancy is hard to enforce and the property owners that are currently renting out both units on a property did not want to apply under the amnesty program if they had to meet the owner occupancy requirement. roc9ss of m to one of the units is not occupied by the hemeod ►er. • Duplex vs ADU: There are existing duplexes in the LDR zone. It can be difficult to determine whether a property was originally developed with a duplex vs. a single- family home with an attached ADU. • More than two units per one single family lot: The one application that was denied was for the property with an ADU above a detached garage. This property is located in the LDR zone and has an existing legal nonconforming duplex. Ordinance 2581 allows a detached ADU on the same lot as the primary lot as the primary single-family dwelling, but not if there is already a duplex on the lot. • Amnesty: Few of the ADUs actually needed amnesty from the zoning requirements. Only four of the 21 applications submitted needed amnesty, due to the ADU exceeding the permitted area. Two of the detached ADUs were over 800 square feet (810 square feet; 1,000 square feet).Two attached ADUs had a basement size of the same size as the primary dwelling unit (870 square feet; 1,000 square feet). INFORMATIONAL MEMO Page 3 B. Construction related issues: • Units are difficult to inspect after the fact, especially elements that are covered up. • Life safety issues found so far during inspections have included repairing stairs, handrails, and landings for staircases up to second story units; fixing decks; widening or changing the height of rescue windows; adding smoke and/or carbon monoxide detectors; proper installation of utilities; replacing unrated heating equipment; and installation of fire walls between garages/workshops and ADUs. 'ATMs" • • If major issues come up during inspection the homeowners are reluctant to complete and go through the approval process. For example, if there are no windows in bedrooms, they do not pas initial inspection and h ve to ke changes which many homeowners are a ctant to complete. ht id10 c C. Cost of obtainiinq approval: • ADUs located in the Valley View Sewl`er District must pay a General Facility Charge of $3,226.00. Additionally, all ADUs constructed after Feb. 1, 1990 are subject to a King County sewer capacity charge that is either a monthly charge of approximately $65 for 15 years on lump sum payment of approximately $10,000. Both attached and detached ADU are subject to these fees. • City of Tukwila impact fees (parks/, fire and transportation) apply for detached ADUs. Parks impact fees are $ ,859; Fire impact fees are $1,790 (1,683 if sprinkler system is installed); T ansportation impact fees range from $350 to $550 pending on the location. Th: re = so► - DU • ers fah u •ccupi- :units who do no �t to pay for or ea th t = hass '. ma e nec ry changes t• units to bring Them into life safetu_cam Rance due to costs. FINANCIAL IMPACT None. RECOMMENDATION Staff is seeking direction from the City Council on the whether to: 1) Revise regulations to address the issues discussed above; or 2) Make no additional changes. If the City Council directs staff to revise the code then staff can go back through the process, including additional public outreach. The process for code amendments includes briefing the Community Development and Neighborhood Committee; Planning Commission review followed up by Council review and final action. As part of any zoning code amendment a public hearing is held by the Planning Commission and the City Council. ATTACHMENTS Map of ADU Registrations received during amnesty program ADU Utility Connections and Charges ADU within existing structure, add 2nd kitchen (basement conversion) Tukwila Water Service Requirements Cost KC WD #125 Requirements Cost Highline Water District Requirements Cost Tukwila Sewer Service Requirements Cost ValVue Sewer Requirements Cost Detached ADU (backyard cottage) Use existing service to the house, no meter required No Fee Use existing service to the house, no meter required No Fee Use existing service to the house, no meter required No Fee Use existing side sewer from the house No Fee Use existing side sewer from the house $50, includes one inspection No fee if able to use existing service, if flow is not adequate for fire sprinklers new meter and connection to the main would be required. 1" Meter for fire sprinklers $6,880 No fee if able to use existing service, if flow is not adequate for fire sprinklers new meter and connection to the main would be required. 1" Meter for fire sprinklers $10,526 No fee if able to use existing service, if flow is not adequate for fire sprinklers new meter and connection to the main would be required. 1" Meter for fire sprinklers $4,050 No fee if able to use existing service, if there is not adequate drop to the main new side sewer or pump would be required. New side sewer $9,426 No fee if able to use existing service, if there is not adequate drop to the main new side sewer or pump would be required. New side sewer $9,617 3/4" Meter is standard for a single family house but fire sprinklers require greater flow so a 1" meter is required ArLc4J f14-CL'e — 60111e5^y �rsfi'v�o Sanitary Sewer City or District General Facility Charge Side sewer permit King County Capacity TOTAL NOTES MONTHLY RATE EACH UNIT Valley View $ 3,326.00 $ 50.00 $ 9,176.78 $ 12,552.78 No new piping $ 58.85 Bellevue $ - $ 441.00 $ 9,176.78 $ 9,617.78 No new piping $ 84.72 Bellevue New Service $ 1,618.80 $ 441.00 $ 9,176.78 $ 11,236.58 New connection $ 84.72 Skyway $ 6,320.00 $ 1,000.00 $ 9,176.78 $ 16,496.78 $ 85.50 Seattle $ - $ 280.00 $ 9,176.78 $ 9,456.78 Only KC Cap BASE ON VOLUME Kent $ - $ - $ 9,176.78 $ 9,176.78 No new piping $ 66.38 Kent New Service $ 556.20 $ - $ 9,176.78 $ 9,732.98 New connection $ 66.38 Renton $ 1,270.00 $ 300.00 $ 9,179.78 $ 10,749.78 $ 72.98 Midway $ 3,900.00 $ 100.00 Not Required $ 4,000.00 $ 26.00 SW Suburban $ 2,143.00 $ 120.00 Not Required $ 2,263.00 $ 32.75 Tukwila $ - $ 250.00 $ 9,176.78 $ 9,426.78 $ 73.22 Water City or District General Facility Charge Meter Charge Pavement Mitigation ERU Cascade Permit Total MONTHLY RATE EACH UNIT WD# 125 New Service $ 5,340.00 $ 3,500.00 $ 750.00 $ 936.00 $ - $ 10,526.00 BASE ON VOLUME WD 125 use existing service 0 No fee BASE ON VOLUME Skyway $ 5,969.00 $ 2,100.00 $ - $ - $ 6,005.00 $ 1,000.00 $ 15,074.00 BASE ON VOLUME Seattle $ - $ - $ - Part of building permit BASE ON VOLUME Kent New Service $ - $ 7,963.18 Permit is Meter Charge BASE ON VOLUME Kent No Fee BASE ON VOLUME Renton $ 1,743.00 $ 2,850.00 $ 4,593.00 BASE ON VOLUME Highline No fee BASE ON VOLUME Highline New Service $ 4,000.00 Varies $ 50.00 $ 4,050.00 BASE ON VOLUME Bellevue 0 $ 441.00 $ 441.00 BASE ON VOLUME Bellevue New Service $ 3,487.20 $ 6,005.00 $ 441.00 $ 6,446.00 BASE ON VOLUME Tukwila 0 625 $ 6,005.00 $ 250.00 $ 6,880.00 BASE ON VOLUME King County Water District #125 SEATAC, BURIEN & KING COUNTY ONLY METER AREA CHARGE METER GFC ERU TOTAL 5/8" Seatac & KC $3,000.00 $ 2,670.00 $ 936.00 $ 6,606.00 1" Seatac & KC $3,500.00 $ 5,340.00 $ 936.00 $ 9,776.00 1.5" Seatac & KC Deposit + Time & Materials $ 13,350.00 $ 4,180.00 $ 17,530.00 2" Seatac & KC Deposit + Time & Materials $ 21,360.00 $ 6,688.00 $ 28,048.00 3" Seatac & KC�osit + Time & Materials $ 58,740.00 $ 18,392.00 $ 77,132.00 Meter Drop Charge service ine / ; 600.00, Commercial Water Availablity Letter $ 150.00 Residential Water Availablity Letter $ 75.00 Hydrant Meter Rental Deposit $ 1,000.00 Daily Charge $ 5.00 Consumption $4.29/ CCF TUKWILA ONLY METER SIZE METER AREA , CHARGE MITIGATION FEE GFC ERU TOTAL 5/8" Tukwila $ 3,000.00 $ 750.00 $ 2,670.00 $ 936.00 $ 7,356.00 1" Tukwila $ 3,500.00 $ 750.00 $, 5,340.00 $ 936.00 $ 10,526.00 1.5" Tukwila Deposit + Time & Materials $ 13,350.00 $ 4,180.00 $ 17,530.00 2" Tukwila Deposit + & Materials $ 21,360.00 $ 6,688.00 $ 28,048.00 $ 77,132.00 3" Tukwila Deposit + Time & Materials $ 58,740.00 $ 18,392.00 Domestic - Upgrading an Existing 3/4"x 5/8" Meter to a 1" Meter 1" Tukwila $3,500.00 $750.00 $ 5,340.00 $ 9,590.00 Effective Date: 10/14/2015 (ADUs) Cap/Reconnect Disconnection/reconnection to the main line sewer. Includes $150.00 three inspections Repair Work that is done on the side sewer after installation. $ 15.00 Includes one inspection Commercial Connection to the main line sewer. Includes two inspections $0.05 per sq. ft of bldg. Minir $100.00 Additional Inspections Work that is being done on the side sewer during installation $ 50.00 Ea additional inspecti General Facility Charge and System Facility Charge increased in 2015 After 17 years with no change in either the General Facility Charge (GFC) or the System Facility Charge (SFC) Valley View has increased I GFC and SFC in 2015. The GFC which had been set at $850.00 since 1997 went up to $4,033.00. The SFC which had been set at $1,900.( 1997 went up to $8,100.00. The SFC, however, will be limited in use. Most new connections to sewers will only be required to pay a GFI take this information into consideration when budgeting for future projects which will require connection to sewers. These new charges took effect on April 1, 2015. CURRENT GFC $4,033.00 CURRENT SFC $8,100.00 Past General Facilities Charges Until April 1, 2015 The General Facilities Charge (GFC) is a charge developed to cover a connecting party's equitable share of general facilities, which have and will not be, fully funded through rates. Facilities which are covered by GFC's generally include pump station capacity, interceptor c. trunk lines, force mains, structures, District office, equipment, planning and planning documents, future facilities and other costs that District customers. • Residential and Residential Equivalents $850.00 • Multi -family (per living unit) $680.00 • Accessory dwelling unit (per unit) $680.00 Commercial: charge shall be determined by fixture count and/or estimated monthly flow converted to residential equivalents. Past System Facilities Charges Until April 1, 2015 The System Facilities Charge (SFC) is a charge to cover a connecting partys equitable fair share of the District's sewer lines and is infrec assessed. This is only charged if the lot seeking to connect to sewers was never part of a previous sewer project. • Frontage for Residential or Residential Equivalent (subject to minimum charge) $37.00/sq.ft. • Residential or Residential Equivalent (Minimum Charge) $1,900.00 • Multi -family (per living unit) $1,520.00 Commercial: charge shall be determined by fixture count and/or estimated monthly flow converted to residential equivalents. Metro Capacity Charge The Metro Capacity Charge covers the costs to keep treatment facilities working properly. If a customer is in the Metro/King County flo Metro/King County will bill the customer for the charge. Valley View Sewer District collects a similar charge for the Southwest Suburban Sewer District and the Midway Sewer District. MORE ABOUT THE METRO CAPACITY CHARGE Southwest Suburban Sewer District Charges • Single Family Residential $2,975.00 • Multi -Family Residential 2 or more units (per unit) $1,874.00 • Commercial (per ERU based on fixture count) Minimum $2,975.00 • Commercial Charges based on water meter size Midway Sewer District Charges • Single Family Residential $1,700.00 • Multi -Family Residential $1,700.00 Additional Connection Charges Depending on the specific lot in question, there may be a charge in lieu of assessment (CILOA), a temporary connection fee or a projec connection charge. Home About Us Customers Governance Connecting to Sewers Connecting to Sewers Certificate of Sewer Availability Side Sewer Requirements Side Sewer Permit Financing Connections Private Pump stations Contractors Connecting to Sewers Contact 3460 S 148th Suite 100 Seat (206) 242-3236 • Email Cus Pay yo Hone > Connecti Valley View Sewer District has various charges that are assessed prior to connecting to sewers. These charges are for Permits, General Charge, System Facilities Charge, and Treatment Capacity Charges. Charges and Fees Right -of -Way Permits allow digging in the road or shoulder area. Side Sewer Permit fees cover the cost of the District Inspectors time f inspecting the connection to sewers. The following fees apply. R.O.W Permit Fees City of Burien City of SeaTac King County City of Tukwila Right -of -Way Right -of -Way Right -of -Way Right -of -Way $ 450.00 $ 350.00 $ 475.00 $ 700.00 Side Sewer Permit Description Fees Single Family Residence Side Sewer Private Pump Systems Capping Multiple Family Residence Side Sewer Connection to the main line sewer. Includes two inspections $ 100.00 Connection to the main line sewer. Includes two inspections $ 150.00 Disconnection from the main line sewer. Includes two $ 70.00 inspections Connection to the main line sewer. Includes two inspections $100.00 1st Dwelling $ 10.00 per building Additional Unit Accessory Dwelling Units Connection to the main line sewer. Includes one inspection $ 50.00 / / ‘ /S- 41-2th-St n _ \ 1 i ',.--- 1E28S 113TH ST ‘ '. ' ( , . 3944 S 113TH ST . 1 \ *1141 6,' thAS •R ' 1-11 \ d , ,s'. i A?t \ Det Gar w/loft,,.., 71 ' , '',' ' , t,-Zttt 2 47.TH AVE S 147th.Stig 4 5003,S 113TH ST V, V, ,1111 ‘' 1 '4400 S Zrig';-;21irifIr above det gar \\-4 ‘i I .,,,- , - 1 a .,1 I - S1-28th-St v . 3425 S 811'35TH AVE S.Ai .1 .LL,u1407.1.S128TH ST Permitted as shop/Above...'gar.MaybeTADU?I'',14,_ ; '777... ui, '1 L --, i ss -,-/V'Tc''DU:ahrnavKeT-T,Garagi :1'4 - .. I : - \-- i 4---i , t24120 S 13TH S7-4204 S :136TH sT-E2- ' r-...--.1. , . !al:it, \—„....,-,).---azierr: .-i--. --..._,, Studiowith kitchen 8,3/4' bath„1-4 'U.,-L47,-":""",,, ' -AV ,'-''' 7,-63•174::;:,7[.:--rSt-141'`N- E -st-,L___I studio, ,,,,,r6',- -7.4g \ \ ; k I 1A' rr !--,--: HrlititeSMI t, \' .,. ,-,--. •.--..„_,, ...-_,.....,_.. . V."..1 r-1-1"-liGar4g i/S tio NH alf bath, 'Ac.,i-iiii:'/V• - - q; .. , ,, Virrytki—S:43-til—St , 14109'43RDAN7E i lt 116 43RDi;AV E S.-- 1 CO *3444th—Si ill rdist,_\/ 4444,4 32•40garage second level 546SE I V 5105S 136TH ST 1/11115WFAVES II/ 13607 52ND PCS • Ill "- ',\1‘ k 8 51STAVES -'40t '1St 14836 3811tv'E's4,- ' : 4-74 i P4 / ,. riT71,--i-14 924 41ST L S ' 3742 S 152ND ST / l' -0 1111"4,0 4 62 6 42ND AVE S 41 ,._-7-----f,- / 14928'41ST. PUSTz..4,32U'150TH ST445. O. Mtt..i...„, $71 i. SVI' t . , ..L.71-1--.. ...... ', „ \ Detached Df‘fiCe‘ Get• .4 • 1 . i.1,r 14261 53RD AVE 8" 1 V.> a›...I k •‹ 2 14458 57TH AVE Studio over Det Gar -44ro 045, Enclosed carport area. Appears to be st 13946 5671,-.1 PC'S LDR Zone - ADUs & Duplexes (from 2013 KC Data) ',S.:41,4447W ADUs Duplexes IL4211,8,1 60,TH ST ;forf Jso/stogii AV II Ili STu4S4s4t _ to,..,,,,hoi, . j ,ll ii , 1 1.4-r,,51ST AVE;:.11-----: 4428 SA64TH '•••'' cf , • 111g 1 ADU area attached to gar. ..,J ...7.4..., 7 Cr , 2 4 ....-,r , i of. L . t---07--' , tr) 0®r ..art,--2,--"/ 5 I/ _E, , , — -447 4. .g-131vd--1 CP . 3 1111'1' \ , S ttongderes-WaY L minideravd—AlinkleF • - The Accessory Dwelling Unit Code Amendments were considered at these meetings: 8/28/17 Community Development and Neighborhoods Committee 10/9/17 Committee of the Whole 10/26/17 Planning Commission 2/15/18 Planning Commission 3/13/18 Community Development and Neighborhoods Committee 4/9/18 Committee of the Whole 5/14/18 Committee of the Whole 5//18 Community Development and Neighborhoods Committee 6/25/18 Committee of the Whole 7/2/18 City Council Adoption Nora Gierloff Subject: ADU Amnesty Location: Foster (CR 1) Start: End: Thu 7/12/2018 9:00 AM Thu 7/12/2018 10:00 AM Recurrence: (none) Meeting Status: Meeting organizer Organizer: Nora Gierloff Required Attendees: Rachelle Ripley; Jerry Hight; Don Tomaso; Pat Brodin; Lindsay Brown; Al Metzler Resources: Foster (CR 1) The Council adopted the ADU ordinance last night and so we need to think about how to implement the amnesty program for existing ADUs. During the next year owners can come forward to register their ADUs under more flexible zoning rules, provided that they are able to meet life safety standards. Flexibility is available for: • Exceeding the permitted height for a detached ADU • Exceeding the permitted area for an attached or detached ADU, up to 1,200 square feet • Not providing a second parking space for a two bedroom ADU • Roof pitch of Tess than 5:12 • Location of the ADU on the lot. Owner occupancy, providing at least 1 parking space per ADU, and meeting the minimum lot size for a detached ADU would not be waived. We need to decide how to identify what fixes/permits are needed to bring the ADU up to code. Will we offer a courtesy inspection or require that they hire a private inspector to start the process? In most cases the owner will then need to apply for electrical/mechanical/plumbing/building permits. How should we document the ADU approval in Trakit? Also some details such as whether unit size is calculated based on interior or exterior measurements. Here is a summary of the rest of the ordinance: 1. Detached ADUs are allowed under the following conditions: • Not allowed if there is an attached ADU on site (only 1 ADU per parcel) • Minimum lot size of 6,500 square feet • Unit may be up to 800 square feet (must still meet the existing standards for total building footprints of 2,275 sf and maximum impervious area of 4,875 sf for a 6,500 sf lot. • Detached units must be set back at least as far from the street as the main house. This would not apply to the second front of a through or corner lot, where the unit is incorporated into an existing structure such as a detached garage or where the main house is set back at least 60 feet from the front property line. • Height limit is 20 feet except for apartments built over a garage which may be up to 25 feet tall. Building height is calculated from the mid -point of any elevation change across the footprint of the house to the mid- point of the pitched roof. 1 2. Attached ADUs may occupy 40% of the square footage of the house up to a maximum of 1,000 SF, whichever is less. An attached garage would not count toward the overall square footage of a house when calculating the maximum square footage of an attached ADU. For example, in a house with 2,000 square feet of living area and a 400 square foot garage only the living area would be used to calculate that an ADU could occupy 800 square feet (40%) of the total house. 3. There is no minimum lot size for attached ADUs. 4. Owner occupancy is required for one unit on site, either the house or ADU. 5. The parking requirement is 1 off-street space per bedroom. 6. Administrative exceptions are allowed to the single family design standards for ADUs built with non-traditional siding materials and for ADU additions that don't reflect the design of the main house. 7. ADUs should be designed and located to minimize the impact on adjacent development by avoiding window and door placement across from openings on neighboring structures and use of fences and landscaping for screening. 8. ADUs may not be rented for periods of Tess 30 days and must meet the Residential Rental Business License requirements. -4 C- FLid - iv\v1� GCDz Mk 5 r� �j� `� J �aL (n O GIN (1 - x; 5�-� Ate) oak �e ort cJ- R — Jc& e„,) 0 Jl Ql. (� 1 \ �C7 Ci r�` L ��i`-(-� C� T � J� � lCV �i- (✓.1/,l.C.-'C.A C71 } 2 ADU MEETING 1. Background a. regulations now allow detached and attached ADUs b. amnesty program 2. Process a. Current rundown of process- concerns and need for tweaks b. Coordination for inspection, issuance of ADU registration c. Addressing d. Existing nonconforming ADUs that don't apply or pull out of the amnesty process e. What's the process when people come in after June 30th? 3. Fees — spreadsheet with notes. a. Sewer capacity charge b. Sewer hookup fees — only Valley View? c. impact fees Additional Public Comments about ADUs 5/14/18 From: Diane Buck Sent: Sunday, May 13, 2018 1:38 PM Subject: ADUs My comments: all units must be updated to current code& connected to the sewer„ No on street parking, needs a designated parking place. Rentals by the year, no shorter time line. From: Chuck Parrish Sent: Wednesday, May 9, 2018 8:29 AM To: City Council Subject: ADU Hi, council members, this column will be out in a couple of weeks. However, I think you have this on the agenda soon and I want it on the public record. Warmest regards to all Chuck Parrish Here is a fundamental truth. Everyone needs to be some place. We live in a metropolitan region considered to be one of the fastest growing in the nation. This growth increases pressure on housing. Prices go up; people move to less expensive neighborhoods if they have no alternative. It is a matter of economics. Property values are rising in Tukwila. Housing costs are becoming less affordable. Some homeowners are finding it challenging to handle higher property taxes and insurance, both of which are reflective of their home's value. What policy might help both parties just a little bit and, perhaps, help keep multi - generation families together? One helpful step is the ability to have a detached Accessory Dwelling Unit or ADU. Currently, homeowners may rent out part of their home if they meet the city's requirements. The city council is now considering allowing detached ADU; again, they have to meet city standards. Homeowners could remodel an existing detached building or build one. Here is a suggestion for the city council. Allowable square footage formulas often end up being arbitrary "that sounds good" numbers. Have good reasons for the numbers. If 40% sounds good, why not 50 or 60 or 70, etc.? Keep going until you have a substantial argument for a limit (if one is needed at all). The resistance to detached ADU seems to center around parking and population density. So try this. Drive around your neighborhood or any residential neighborhood in Tukwila. How many homes do you see with detached buildings or available space to build an ADU? Now assume that 100 percent of those homes now have detached ADU. Based on your anecdotal observations, is there any reason to believe that parking will suddenly become a problem because of the detached ADU? Will our population suddenly increase so much that our public facilities will be insufficient to meet the demand? Some suggest that parking is already inadequate in neighborhoods and adding detached ADU will make it worse. Let's not scapegoat ADU. Ask the city to enforce existing parking standards more rigorously. 1 At an April 9 city council public hearing on this subject, a sagacious man said that those who do not support detached ADU today might find that they, in just a few short years, are the ones who need such an option to help pay the bills and remain in their community. Food for thought, isn't it? From: Scott Kruize Sent: Wednesday, April 25, 2018 9:23 AM Subject: Re: Tukwila City Council Review of ADU Ordinance Dear Ms. Gierloff and Colleagues: Since becoming aware of these proposals to relax Tukwila's ordinances, to allow more and larger AUDs, we've made our views known to City Council and the government departments involved. Specifically, we note with interest a reply to my wife Sandra's query, from the Planning Commission. It listed the ways these ADU proposals have been publicized: a survey among landlords (!), a single article last summer in the Tukwila Reporter, postcards to volunteer commissioners and others associated with Tukwila city government, etc. This information was not entirely irrelevant, but neither did it address her main point, which was: homeowners have not generally been told about this —and they should be. The issue is not whether a handful of houses scattered around, here and there, will have this or that architectural feature tweaked in some way. It's about permitting low -density single-family neighborhoods to greatly increase populations. I have asserted before City Council and repeat to you, now, at an involved department, our belief that homeowners ought to be allowed to continue to live in single-family low -density neighborhoods. If attempts are made to relax our ordinances (whatever the details) and allow many more residents in low -density neighborhoods... and homeowners are not informed adequately or in time to effectively oppose it, there will be a large public 'blow-up'. Recall the one in Kent, when it came out that their government tried selling park land to private investors, keeping the whole affair quiet behind closed doors. Of course that failed! Such a protesting 'blow-up' cannot possibly be good for our city, its government, or its residents. At the early April City Council general meeting, the Chair informed attendees that the issue of AUDs would be put off until next month. That's a good thing: the time interval should be used to notify each and every resident what is proposed. I predict that most residents .are like me and share my belief that homeowners ought to be allowed to continue to live in single-family low -density neighborhoods. Sincerely, --Scott Kruize 2 City of Tukwila Allan Ekberg, Mayor INFORMATIONAL MEMORANDUM TO: Tukwila City Council FROM: Jack Pace, Community Development Director BY: Nora Gierloff, Deputy DCD Director CC: Mayor Ekberg DATE: April 25, 2018 SUBJECT: Outreach for Accessory Dwelling Unit Code Amendments Staff began public outreach and education about this issue in mid -July 2017 by developing a survey about possible changes to current ADU standards. The survey was publicized through the following actions: • See You in the Park Events — 7/12, 7/26, 8/9 • Flyers at Valley View Sewer and Public Safety Plan Open Houses • Included on the public safety flyers distributed in multiple neighborhoods by Communications • Distributed to Planning Commission, City Council, Parks Commission, TIBAC, COPCAB, Arts Commission, and Block Watch Captains • Mailed/emailed information to the 468 single family and duplex landlords with rental housing licenses • Article in the July Tukwila Reporter • Posted on the City's Facebook account • Flyers at DCD, City Hall, TCC counters • Emailed information to city residents who have expressed interest in neighborhood issues We received 165 responses to the survey which were presented to the Community Development and Neighborhoods Committee and City Council. Notice of the October 26, 2017 Planning Commission public hearing and April 9th City Council hearing was mailed to all Low Density Residential property owners and renters (3,684 addresses), published in the newspaper and archived in the City's digital records center (Legal/Public Notices section). A third postcard will be sent out before the May 14th hearing continuation. Throughout the process we have been emailing updates to our interested parties list, currently at 148 addresses. Notice for the SEPA Determination was emailed to this list and agencies with jurisdiction. City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director DETERMINATION OF NON -SIGNIFICANCE (DNS) File Number: Applied: Issue Date: Status: E17-0016 12/13/17 1/24/18 Issued DNS Applicant: City of Tukwila DCD Lead Agency: City of Tukwila Description of Proposal: The City of Tukwila has filed land use and SEPA applications for revisions to the City's Accessory Dwelling Unit (ADU) regulations. The revisions are to implement Comprehensive Plan goals and policies related to creation of additional housing options suitable for residents in all stages of life. Proposed changes include: A. Allow detached ADUs under the following conditions: • Not allowed if there is an attached ADU on site (only 1 ADU per parcel) • Unit may be up to 1,000 square feet (must still meet the existing standards for total building footprints of 2,275 sf and maximum impervious area of 4,875 sf for a 6,500 sf lot) • Detached units must be set back at least as far from the street as the main house. This would not apply to the second front of a through or corner lot, or where the unit is incorporated into an existing structure such as a detached garage. • Limit height to 20 feet except for apartments built over a garage which may be up to 25 feet tall. Building height is calculated from the mid -point of any elevation change across the footprint of the house to the mid -point of the pitched roof. B. Increase the percentage of the house that can be occupied by an attached ADU from 33% to 40% up to a maximum of 1,000 SF, whichever is Tess. C. Reduce the lot area requirement from 7,200 square feet to 6,500 square feet for both attached and detached ADUs. D. Retain the owner occupancy requirement for 1 unit on site, either the house or ADU. E. Retain the requirement that ADUs up to 600 SF are required to have 1 off-street parking space while units over 600 SF are required to have 2 additional spaces. However, allow a waiver of the second space for ADUs over 600 SF if the ADU is located on a block with on - street parking. F. Provide a 1 year amnesty period for registration of illegal ADUs and allow owners to request flexibility from the Director for the following standards: • Exceeding the permitted height for a detached ADU • Exceeding the permitted area for an attached or detached ADU • Not providing a second parking space for an ADU over 600 sf in area, if required Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov • Roof pitch of less than 5:12 • Location of the ADU on the lot. • Owner occupancy, providing at least 1 parking space per ADU, and meeting the 6,500 SF minimum lot size would not be waived. G. Remove ADUs as an accessory use in the 0, RCC, NCC, RC, TVS and ISO Zoning Districts Location of Proposal: Address: Citywide in LDR Zones Parcel Number: Non -Project Action Section/Township/Range: NA The City has determined that the proposal does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. This DNS is issued under WAC 197-11-355. There is no further comment period. /aa)//g Jack Pace, Re onsible Official Date City of Tukwi 6300 Southcenter Blvd Tukwila, WA 98188 (206)431-3670 Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075) NG Page 2 of 2 01/23/2018 W:\@SHAREPOINT FOLDER RESTRUCTURE\Code Updates\ADU Proposal\DNS Final.docx City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director FINAL STAFF EVALUATION FOR ENVIRONMENTAL CHECKLIST File No: E17-0016 I. SUMMARY OF PROPOSED ACTION The City of Tukwila has filed land use and SEPA applications for revisions to the City's Accessory Dwelling Unit (ADU) regulations. The revisions are to implement Comprehensive Plan goals and policies related to creation of additional housing options suitable for residents in all stages of life. Proposed changes include: A. Allow detached ADUs under the following conditions: • Not allowed if there is an attached ADU on site (only 1 ADU per parcel) • Unit may be up to 1,000 square feet (must still meet the existing standards for total building footprints of 2,275 sf and maximum impervious area of 4,875 sf for a 6,500 sf lot) • Detached units must be set back at least as far from the street as the main house. This would not apply to the second front of a through or corner lot, or where the unit is incorporated into an existing structure such as a detached garage. • Limit height to 20 feet except for apartments built over a garage which may be up to 25 feet tall. Building height is calculated from the mid -point of any elevation change across the footprint of the house to the mid -point of the pitched roof. B. Increase the percentage of the house that can be occupied by an attached ADU from 33% to 40% up to a maximum of 1,000 SF, whichever is less. C. Reduce the lot area requirement from 7,200 square feet to 6,500 square feet for both attached and detached ADUs. D. Retain the owner occupancy requirement for 1 unit on site, either the house or ADU. E. Retain the requirement that ADUs up to 600 SF are required to have 1 off-street parking space while units over 600 SF are required to have 2 additional spaces. However, allow a waiver of the second space for ADUs over 600 SF if the ADU is located on a block with on - street parking. F. Provide a 1 year amnesty period for registration of illegal ADUs and allow owners to request flexibility from the Director for the following standards: • Exceeding the permitted height for a detached ADIJ • Exceeding the permitted area for an attached or detached ADU • Not providing a second parking space for an ADU over 600 sf in area, if required • Roof pitch of less than 5:12 • Location of the ADU on the lot. Tukwila City Hall • 6200 Southcenter Boulevard • Tukwila, WA 98188 • 206-433-1800 • Website: TukwilaWA.gov DNS for E17-0016 January 23, 2018 Page 2 • Owner occupancy, providing at least 1 parking space per ADU, and meeting the 6,500 SF minimum lot size would not be waived. G. Remove ADUs as an accessory use in the 0, RCC, NCC, RC, TVS and TSO Zoning Districts II. GENERAL INFORMATION Project Name: Accessory Dwelling Unit Regulation Update Applicant: City of Tukwila DCD Location/Zoning: ADUs are currently allowed in the LDR, MDR, HDR, 0, RCC, NCC, RC, TVS and TSO Zoning Districts The following information was considered as part of review of this application. 1. Sample site plans showing the interaction between ADU regulations and existing standards such as setbacks, maximum building footprint and maximum development coverage on typical single family Tots. 2. Water and sewer service requirements for Tukwila's provider districts. NOTE: Additional information referenced above may not be attached to all copies of this decision. Copies may be reviewed and/or obtained by contacting Nora Gierloff at 6300 Southcenter Boulevard, Tukwila, Washington, 98188, or by phone at 206-433-7141. III. BACKGROUND/PROPOSAL This non -project action began when the City Council held a Housing Policy Work Session and considered a variety of housing related actions. One of the items that the Council prioritized for policy consideration was an update to Accessory Dwelling Unit (ADU) zoning standards to be followed by an amnesty program for existing units. The intention was to create additional housing options and address the life safety issues in the many illegal ADU conversions in the City. Staff began public outreach and education about this issue in mid -July 2017 by developing a survey about possible changes to current ADU standards. Overall a majority of respondents supported making changes to all of Tukwila's current standards, though for some questions such as maintaining the owner occupancy requirement there was less than a 10% spread. Staff took the survey results and policy options to the Community Development and Neighborhoods Committee, City Council and Planning Commission to develop the current ordinance. IV. REVIEW OF THE ENVIRONMENTAL CHECKLIST The following lists the elements contained within the Environmental Checklist submitted for the proposed project. The numbers in the staff evaluation correspond to the numbers in the Environmental Checklist. If staff concurs with the applicant's response, this is so stated. If the response to an item in the checklist is found to be inadequate or clarification is needed, there is additional staff comment and evaluation. DNS for E17-0016 January 23, 2018 Page 3 A. BACKGROUND: 1-10 Concur with checklist 11 ADUs are currently allowed in the LDR, MDR, HDR, 0, RCC, NCC, RC, TVS and TSO Zoning Districts, though the standards are based on being accessory to a single family, owner occupied house. ADUs should be removed as accessory uses in non-residential zones to avoid incompatibilities with adjacent commercial uses. 12- Concur with checklist. B. ENVIRONMENTAL ELEMENTS: 1. Earth: a—h— Concur with checklist. 2. Air: a-c— Concur with checklist. 3. Water: a-d— Concur with checklist. 4. Plants: a-e— Concur with checklist. 5. Animals: a-e— Concur with checklist. 6. Energy and Natural Resources: a-c— Concur with checklist. 7. Environmental Health: a(1)-(5) Concur with checklist. b(1)-(2) Concur with checklist. b(3) ADUs should be removed as accessory uses in non-residential zones to avoid noise impacts from adjacent commercial uses. 8. Land and Shoreline Use: a-e Concur with checklist f-g Remove ADUs as an accessory use in the 0, RCC, NCC, RC, TVS and TSO Zoning Districts. h- m— Concur with checklist. 9. Housing: a-c— Concur with checklist. 10. Aesthetics: DNS for E17-0016 January 23, 2018 Page 4 a-c— Concur with checklist. 11. Light and Glare: a—d Concur with checklist. 12. Recreation: a-c Concur with checklist. 13. Historic and Cultural Preservation: a-d Concur with checklist. 14. Transportation: a—h Concur with checklist. 15. Public Services: a—b Concur with checklist. 16. Utilities: a—b Concur with checklist IV. PUBLIC COMMENTS Notice was sent to agencies with jurisdiction, utility districts and parties of record on January 8, 2018. Three comments were received, see attached. These comments were addressed by staff and forwarded to the applicant. VI. CONCLUSION The proposal can be found to not have a probable significant adverse impact on the environment and pursuant to WAC 197-11-340, a Determination of Nonsignificance (DNS) is issued for this project. This DNS is based on impacts identified within the environmental checklist, attachments, and the above "Final Staff Evaluation for Application No. E17-0016", and is supported by plans, policies, and regulations formally adopted by city of Tukwila for the exercise of substantive authority under SEPA to approve, condition, or deny proposed actions. Prepared by: Nora Gierloff, Deputy DCD Director Date: January 23, 2018 DNS for E17-0016 January 23, 2018 Page 5 PUBLIC COMMENTS Bill Holstine, received 1/12/18: Hi Bill, Thanks for your comments. I am forwarding them on to our City Engineer Robin Tischmak who is in charge of roadway design. The addition of an ADU would not trigger frontage improvements (construction of curb, gutter, sidewalk) along a lot as they are only required for short plats of 5 or more lots or commercial development. Nora Gierloff Deputy DCD Director City of Tukwila From: William C. Holstine Sent: Friday, January 12, 2018 7:03 AM To: Nora Gierloff Subject: Re: ADU Regulation Update Not related to the environment environmental issues but general comments concerning on street parking of which I'm not a fan but well aware of the inevitable in high density areas near apartments, etc.: let's limit on street parking to one side of the street whenever possible and make sure there are street lights on the street. Safer for foot traffic and provides visibility for auto drivers to see such traffic at night and vice versa and would be a positive measure for drivers to better see children who are likely to dart into the street between parked cars. One side parking gives less impediments to emergency responders, much greater visual surveillance of the neighborhood by fellow neighbors such that the residents collectively can see both sides of parked cars, greater prevention of crime and burglaries of homes and autos and a greater deterrent to crime simply because the neighborhood is more open, lighted and eliminates would be cover provided by both sides street parking for the criminal element prevalent in our society. Aesthetically much more appealing and a lot Tess like a used car lot. All in the interest of safety for foot traffic, safer homes, less crime potentially less liability for auto drivers and better aesthetics for the neighborhood and our city. Tyler Wilcox, received 1/9/18: My comments regarding the proposed ADU regulation update for the City of Tukwila as follows: 1. Detached ADU's should be limited to 800 SF in size per the Council's original recommendation in the Staff Report to the Planning Commission prepared October 18th, 2017. DNS for E17-0016 January 23, 2018 Page 6 2. Detached ADU's should be limited to a height of 25' to allow (2) 10' floors and a pitched roof. A 20' height limit will encourage flat roofs which do not fit the character of any neighborhood in Tukwila. 3. Unrelated to ADU's - Minimum lot area requirements should be reduced to 5,000 SF for LDR zones. There are many 10,000 SF lots that could be easily short platted and developed into another independent residence. Residential development in Tukwila is stagnant and this change would reinvigorate the development market and increase land values. Tukwila is a short commute to Seattle and should be considered a up and coming neighborhood for home buyers looking in Seattle but cannot quite afford it. 4. Remove the requirement for owner occupancy of the primary residence or the ADU. Residential property owners should have the right to use their property as they see fit. Please keep me in the loop on this as it progresses. Thank you. Tyler Wilcox City of Tukwila Resident Brian Kennedy, received 1/8/18 All I can say is that it may be a good idea, but I don't want to see my neighbor put one close to my property line, I don't want them to move the person that is living in a motorhome, with kids and a dangerous pit bull, in their driveway to live next door and I don't want to see any garbage buildup. City of Tukwila Allan Ekberg, Mayor Department of Community Development - Jack Pace, Director Affidavit of Distribution Project Name: City of Tukwila — ADU Ordinance Project Number: L17-0067 Associated File Number (s): E17-0016 Date Mailed: 1/8/18 Mailing requested by: Nora G. off Mailer's signature: ❑ Board of Adjustment Agenda Packet ❑ Notice of Application for ❑ Board of Appeals Agenda Packet Shoreline Mgmt Permit ❑ Determination of Non -Significance ❑ Notice of Decision ❑ Determination of Significance & Scoping Notice ❑ Mitigated Determination of Non - Significance ❑ Notice of Action ❑X Notice of Application Parties of Record: SEE ATTACHED ❑ Notice of Public Hearing ❑ Notice of Public Meeting ❑ Official Notice ❑ Other: ❑ Shoreline Mgmt Permit ❑ Short Subdivision Agenda CITY OF TUKWILA NOTICE OF APPLICATION PROJECT INFORMATION The City of Tukwila has filed land use and SEPA applications for revisions to the City's Accessory Dwelling Unit regulations. The revisions are to implement Comprehensive Plan goals and policies related to creation of additional housing options suitable for residents in all stages of life. Proposed changes include: 1. Allowing detached ADUs under the following conditions: • Not allowed if there is an attached ADU on site (only 1 ADU per parcel) • Unit may be up to 1,000 square feet • Detached units must be set back at least as far from the street as the main house. • Limit height to 20 feet except for apartments over a garage which may be up to 25 feet tall. 2. Increasing the percentage of the house that can be occupied by an attached ADU from 33% to 40% up to a maximum of 1,000 SF, whichever is less. 3. Reducing the lot area requirement from 7,200 square feet to 6,500 square feet for both attached and detached ADUs. 4. Retaining the owner occupancy requirement for 1 unit on site, either the house or ADU. 5. Retaining the requirement that ADUs up to 600 SF are required to have 1 off-street parking space while units over 600 SF are required to have 2 additional spaces. However, allow a waiver of the second space for ADUs over 600 SF if the ADU is located on a block with on - street parking. 6. Providing a 1-year amnesty period for registration of illegal ADUs and allowing property owners to request flexibility from the Director from certain standards. Projects applied for include: L17-0067 Zoning Code Revisions and E17-0016 SEPA, environmental review Other known required permits include: None This project is subject to the State Environmental Policy Act as a non -project action. FILES AVAILABLE FOR PUBLIC REVIEW The application is available for review at the City of Tukwila, Department of Community Development (DCD), located at 6300 Southcenter Blvd #100, Tukwila WA, 98188. A copy of the staff report about the proposed revisions is available in the October 26, 2017 Planning Commission packet on the City's website here: http://records.tukwilawa.gov/weblink/l/fol/295293/Rowl.aspx OPPORTUNITY FOR PUBLIC COMMENT Your written comments on the project are requested. They must be delivered to DCD at the address above, emailed to nora.gierloff@tukwilawa.gov or postmarked no later than 5:00 P.M., Monday January 22, 2018. There is additional opportunity for public comment at a public meeting before the Tukwila Planning Commission at 6:30 p.m. on January 25, 2018. The meeting will be held in the Tukwila City Council Chambers, 6200 Southcenter Blvd., Tukwila, WA 98188. APPEALS You may request a copy of any decision, information on hearings, and your appeal rights by calling DCD at (206) 431-3670. For further information on this proposal, contact Nora Gierloff at (206) 433-7141, Nora.Gierloff@tukwillawa.gov or visit our offices at 6300 Southcenter Boulevard, Suite #100, Monday through Friday, 8:30 a.m. to 5:00 p.m. Application Filed: December 13, 2018 Notice of Application Issued: January 5, 2018 AGENCY LABELS ® Clerk Office — Ana Le PUBLIC HEARINGS/MEETINGS need to go to Ana to include in Digital Records Center ❑ US Corps of Engineers ❑ Federal HWY Admin ❑ Federal Transit Admin, Region 10 ❑ Dept of Fish & Wildlife Section 1 FEDERAL AGENCIES 0 US Environmental Protection Agency (E.P.A.) O US Dept of HUD ❑ National Marine Fisheries Service Section 2 WASHINGTON STATE AGIENCIES 0 Office of Archaeology 0 Dept of Social & Health Services 0 Transportation Department (WSDOT NW) 0 Dept of Ecology NW Regional Office, Shoreland Div. El Dept of Natural Resources SHORELINE NOD REQUIRES RETURN REC�E� T O Office of the Governor ® Dept of Ecology, SEPA **Send Electronically l 0 ® WA State Department of Commerce (formerly Community Dev) 0 Office of Attorney General l O WA Fisheries & Wildlife, MillCreek Office 0 Office of Hearing Examiner O WA Fisheries & Wildlife, Larry Fisher, 1775 12th Ave NW Ste 201, Issaquah WA 98027 ❑ KC Boundary Review Board ❑ Fire District # 11 O Fire District # 2 O KC Wastewater Treatment Div O KC Dept of Parks & Recreation O KC Assessor's Office O KC Watershed Coordination WRI,A 9 Section 3 KING COUNTY AGENCIES ❑ Health Department ❑ Port of Seattle ® KC Dev & Environmental Services-SEPA Info Center ❑ KC Metro Transit Div-SEPA Official, Environmental Planning ❑ KC Dept of Natural Resources ❑ KC Dept of Natural Resources, Andy Levesque ❑ KC Public Library System ❑ Foster Library ❑ Renton Library ❑ Kent Library ❑ Seattle Library Section 4 SCHOOLS/LIBRARIES ❑ Westfield Mall Library El Tukwila School District ❑ Highline School District ❑ Seattle School District ❑ Renton School District ❑ Century Link ❑ Seattle City Light O Puget Sound Energy ® Highline Water District ❑ Seattle Planning &Dev/Water Dept ❑ Comcast Section 5 UTILITIES 0 BP Olympic Pipeline ® Val-Vue Sewer District ® Water District # 20 ® Water District # 125 ❑ City of Renton Public Works ❑ Bryn Mawr-Lakeridge Sewer/Water Dist ❑ Seattle Public Utilities 0 Waste Management ❑ Cascade Water Alliance ❑ Tukwila City Departments ❑ Public Works ❑ Police ❑ Planning ❑ Parks & Rec ❑ City Clerk (PUBLIC HEARINGS/MEETINGS) ❑ Fire ❑ Finance ❑ Building ❑ Mayor Section 6 CITY AGENCIES ❑ Kent Planning Dept ['Renton Planning Dept O City of SeaTac O City of Burien ❑ City of Seattle ❑ Strategic Planning *Notice of all Seattle Related Projects Section 7 OTHER * send notice of all applications on Green/Duwamish River ❑ Duwamish River Clean Up Coalition * ❑ Muckleshoot Indian Tribe * ❑ Cultural Resources ❑ Fisheries Program ❑ Wildlife Program ❑ Duwamish Indian Tribe * ❑ People for Puget Sound * LOCAL AGENCIES ❑ Puget Sound Clean Air Agency ❑ Sound Transit/SEPA ❑ Puget Sound Regional Council ❑ Washington Environmental Council ❑ Futurewise ❑ Puget SoundKeeper ❑ SW KC Chamber of Commerce ❑ Tukwila Historical Society** ** send notices for all Tukwila projects which require public notice — via email to: tukwilahistsociety@tukwilahistorv.ora and rcwieser@comcast.net O Seattle Times ❑ Highline Times Section 8 MEDIA O South County Journal 0 City of Tukwila Website Jaclyn Adams From: Jaclyn Adams Sent: Monday, January 8, 2018 11:20 AM To: 'ECY RE SEPA REGISTER' Cc: Nora Gierloff Subject: Notice of Application - ADU Ordinance - L17-0067 & E17-0016 Attachments: Notice of Application-ADU.pdf; SEPA Checklist ADU.pdf Dear SEPA Official, Please find attached a notice of application and SEPA checklist for the City of Tukwila's ADU Ordinance. The permits include L17-0067 for Zoning Code Revisions and E17-0016 for SEPA Environmental Review. Contact Project Planner Nora Gierloff at Nora.Gierloff@tukwilawa.gov or by phone at 206-433-7141 with any questions. Thank you, Jaclyn Adams Administrative Support Specialist' City of Tukwila 6300 Southcenter Bl, Suite 100 I Tukwila, WA 98188 T: 206-431-3670 I F: 206-431-3665 Jaclyn.Adams@TukwilaWA.gov I http://www.TukwilaWA.gov The city of opportunity, the community of choice 1 Jaclyn Adams From: Jaclyn Adams Sent: Monday, January 8, 2018 11:21 AM To: Ana Le Subject: Notice of Application - ADU Ordinance L17-0067 & E17-0016 Attachments: Notice of Application-ADU.pdf Good Morning Ana, Please find attached a notice of application for the City of Tukwila's ADU Ordinance. The permits include L17-0067 for Zoning Code Revisions and E17-0016 for SEPA Environmental Review. Have a wonderful day! Jaclyn Adams Administrative Support Specialist' City of Tukwila 6300 Southcenter Bl, Suite 100 I Tukwila, WA 98188 T: 206-431-3670 I F: 206-431-3665 Jaclyn.AdamsPTukwilaWA.gov I http://www.TukwilaWA.gov The city of opportunity, the community of choice 1 Party of Record Email address david@propeldesigns.com j migmaestas@msn.com daniel.wieman@alaskaair.com kristinmolsen@gmail.com Tsimpson16@hotmail.com david.liang007@gmail.com aprilmjames@live.com Lseminoff@hotmail.com dangvuongthanhtuan@hotmail.com callyleighton@hotmail.com sandysteve@comcast.net noidretlaw@gmail.com harambe2000@windermere.com Ie_thi_dat@yahoo.com garylapine@msn.com cliffgodwin@yahoo.cor FlorenceOng888@gmaiil.com rick@signalsandnoises.com meve117@hotmail.com pbronson@uw.edu tykocher@gmail.com nadinechasemorgan@gmail.com tyee3@msn.com emilya57@comcast.net phoebelee06@yahoo.com fleestenson@gmail.com Iaeiben@hotmail.com mtv.rob@gmail.com LaurieUis@comcast.net janbol@aol.com holstine123@comcast.net sharonmyklebust@gmail.com juncastillo@live.com keke_roslyn@yahoo.com rcwieser@comcast.net Iesliewag@comcast.net: tedichu@hotmail.com graften@comcast.net jrosshates@yahoo.com hasselln@gmail.com chaslou@cheerful.com Blake3939@msn.com brennanbarl@aol.com Skvallieu@gmail.com Wgillispie86@gmail.com Ialalilyblade206@gmail.com david_traynor@hotmail.com nhmolthen@comcast.net scotthbrown@gmail.com kirksly@comcast.net tmohoyo@gmail.com marissa.ohoyo@gmail.com mark@twistedmetalworks.com eimafamily@gmail.com hellokeaton@gmail.com Ericbendfelt@gmail.com tsmith@cottagesnw.com Vhyc@yahoo.com jencke@gmail.com Balloondoggie@aol.com billybobbosen@earthlink.net pmcarter@jps.net malbrain53@yahoo.com worldlink1000@gmail.com austin.h.bernard@gmail.com DogLipsBrewhaus@yahoo.com olynoli@yahoo.com allthatjazz54@hotmail.com d-I-mclean@msn.com Emigdiopablo@gmail.com perennial.gardens@comcast.net John.Mitchell@kingcounty.gov melarson@paml.com jerrythornton125@yahoo.com Iauren.vlas@gmail.com joanna_beza@yahoo.com vinemess@comcast.net kdeng@usa.com auroraabrajan@gmail.com rightwalk2@me.com ankastempa@comcast.net april_chanes@hotmail.com Jbzjjake@comcast.net sharon_mann@msn.com stevecox68114@gmail.com jonmarie_spindor@hotmail.com damien.deonier@gmail.com kickeraccord97@gmail.com trenasphoto@yahoo.com erbassett@gmail.com marykouri@hotmail.com ramegia@gmail.com mikkell.roeland@gmail.com Yukihigashi@comcast.net greenbylaura@gmail.com tinhhoa.lankhanh@yahoo.com alanmont2004@hotmail.com jim.wallin@hotmail.com mustakim.ganja@hotmail.com nwart@outlook.com ductran79@gmail.com wkendr@gmail.com hazra67@yahoo.com georgina-on-the-duwamish@comcast.net wblefever@yahoo.com slandrist@yahoo.com ramilasia@yahoo.com beyers23@gmail.com suhel3000@yahoo.com smwilliams1956@aol.com buddhistcentertcn@gmail.com maydaymacleod@yahoo.com casajov@gmail.com erica.d.post@gmail.com joeanderson@live.com ramos emely@yahoo.com bunthaithong@gmail.com tukwilagirl@yahoo.com tylerkwilcox(a@gmail.com patrickkent31@gmail.com ri Impact Fee Update Meeting Agenda 01.03.18 P Review status of next steps from the 11.28.17 meeting, the memo from the December 5 Finance Committee meeting and create a new list of next steps and timeline. Next steps 1. Policy / ordinance decisions a. ADU existing language sufficient or more clarity. Need to specifically include or exempt detached ADU's. Attached ADU's are currently not charged an impact fee. b. Should the fees incentivize the City's development goals? What are the City's development goals? Retail vs office Brandon to analyze fees in relation to a 1% of construction rule of thumb c. Include language in ordinance specifically allowing fees for payment of debt service d. Should ability to reimburse ourselves for eligible costs be written into ordinance e. Exemptions, should certain public good entities be exempt? f. Does ordinance define "unit"? 2. Model review a. Fire projects growth percentage / amount Richard b. Revenue per capita Richard c. Parks inventory value Robert d. Further define office, retail and industry - Peggy to contact Berk about the feasibility of adding categories; multifamily by bedroom size e. Fire inventory value — stations and equipment Fire Don, removed the EOC 3. Legal review a. Is the methodology defensible? b. Confirm that fees vest when payment is made c. Can fees be adjusted to create a smoothing effect? le reduce retail to "smooth" large increase 4. Outreach — Brandon and Peggy a. Segale b. Sabey c. Lee's d. Westfields e. Wig f. Prologis 5. Recommendations to Council a. Options for fee amount b. Options for policies 6. Council review process a. Finance Committee then b. Workshop Peggy to send link to Berk model and Berk slides Set up Team meeting for end of December. Brandon — McLeod neutral, Seal in favor, Hougardy concerned Questions/Comments for Jason: 1. Fire station valuation should exclude the new EOC cost per SF. The design work is in its infancy and the costs are higher and skew the results. I don't think they are supportable (the new eoc costs per sf) because of the early stages of the design. 2. I question or have questions on the logic of the per capita contribution. Please discuss with me. Impact Fee Update Next Steps / Open Items Miscellaneous Item Finance Committee December 5, 2017 1. Impact Fee Model review — several sections of the model are being reviewed by staff to ensure accuracy and understanding. Definitions will be added to describe unit, multifamily, and office. 2. Berk Impact Fee Study — staff to review the study document for accuracy, understanding and completeness when completed by Berk. 3. Legal review — the methodology for updating the impact fees will be reviewed with the City Attorney. 4. Ordinance review and update — consider adding sections for use of impact fees to pay for debt service (iii below) or reimbursement (v below); has the section referencing fire sprinklers been removed, have categories been defined? 5. Policy considerations i. Accessory dwelling units — currently only attached ADU's are allowed in the City. Should specific language addressing both attached and detached ADU's be included in the ordinance? ii. Should preliminary fees be adjusted to incentivize, or not deter, the City's development goals? Staff is analyzing the preliminary fees in realtion to a 1% of construction rule of thumb (ie. The idea that fees won't deter development if they are 1% - 2% of construction costs and that above this threshold, they may pose a disincentive to development). iii. Should the ordinance include language specifically allowing the use of impact fees for debt service on impact fee projects? Language could read, "In the event that bonds or similar debt instruments are, or have been, issued for the advanced provision of system improvements for which impact fees may be expended, such impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this impact fee ordinance." iv. Should the fee deferral for the Tukwila Urban Center (TUC) Transportation Oriented Development (TOD) be reinstated? Do we want to encourage residential/mixed use development in the TUC? v. Should the ordinance specifically state that impact fees can be used to reimburse the City for previous costs incurred on impact fee eligible projects? vi. Should ordinance include an exemption for entities that further the public good? vii. Should the fees be capped or include a cushion to guard against litigation? 6. Outreach to developers — to include Segale, Sabey, Lee, Westfields, Wig and Prologis. 7. Legislative next steps - a. Bring item back to Finance Committee in 2018 b. Consider all Council workshop on 2018. CITY OF TUKWILA PARK IMPACT FEE SCHEDULE EXHIBIT B RESIDENTIAL - per dwelling unit (a) (b) Single family Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development (c) (c) (d) Retail Office K-12 Educational facilities (`( Industrial/manufacturing PARK Impact Fee $ 2,859 $ 2,490 $ 1,308 $ 1,179 $ 236 $ 653 Attached accessory dwelling units are exempt from impact fees. A structure with more than two dwelling units. See the more detailed land use descriptions in the Land Use Categories document. 80% discount for K-12 educational facilities. Figure 16-1 "Fee Schedule" CITY OF TUKWILA FIRE IMPACT FEE SCHEDULE Exhibit B RESIDENTIAL - per dwelling unit (a) (b) Single family (d) With fire sprinkler system installed Multi -family COMMERCIAL/NON-RESIDENTIAL - per 1,000 square feet of development FIRE Impact Fee $ 1,790 $ 1,683 $ 2,062 Retail $ 2,005 Office $ 784 Industrial/manufacturing $ 167 Attached accessory dwelling units are exempt from impact fees. A structure with more than two dwelling units. See the more detailed land use descriptions in the Land Use Categories document. 6% discount for single family units with fire sprinkler system installed representing the portion of all incidents that were fire only - as opposed to emergency medical incidents. Per 16.26.120, B. 9. of the Tukwila Municipal Code, "A fee payer installing a residential fire sprinkler system in a single-family home shall not be required to pay the fire operations portion of the impact fee." STATE OF WASHINGTON DEPARTMENT OF COMMERCE mil Plum Street SE • PO Box 42525 • Olympia, Wasliingron 98504-1515 • (360) 725-4000 www.c ommerc e.wa,gov October 18, 2017 Nora Gierloff Depty DCD Director City of Tukwilla 6300 Southcenter Boulevard #100 Tukwilla, Washington 98188 Dear Ms. Gierloff: Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as required under RCW 36.70A.106. Please keep this letter as documentation that your have met this procedural requirement. City of Tukwila - Proposed amendments would modify some restrictions placed on accessory dwelling units (ADUs) in the Low Density Residential single-family zone. Proposed changes include allowing detached ADUs, changes to lot size requirement, number of occupants, number of parking spaces and height, size and design standards. These materials were received on October 10, 2017 and processed with the Material ID # 24220. We have forwarded a copy of this notice to other state agencies. If this submitted material is an adopted amendment, then please keep this letter as documentation that you have met the procedural requirement under RCW 36.70A.106. If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty days following the date of receipt by Commerce. Please remember to submit the final adopted amendment to Commerce within ten days of adoption. If you have any questions, please contact Growth Management Services at reviewteam@commerce.wa.gov, or call Dave Andersen (509) 434-4491 or Paul Johnson (360) 725-3048. Sincerely, Review Team Growth Management Services Department of Commerce Notice of Intent to Adopt Amendment 60 Days Prior to Adoption Indicate one (or both, if applicable): ❑ Comprehensive Plan Amendment X Development Regulation Amendment Pursuant to RCW 36.70A.106, the following jurisdiction provides notice of intent to adopt a proposed comprehensive plan amendment and/or development regulation amendment under the Growth Management Act. Jurisdiction: City of Tukwila Mailing Address: Department of Community Development 6300 Southcenter BL. Suite 100 Tukwila, WA 98188 Date: 10/10/2017 Contact Name: Nora Gierloff Title/Position: Deputy DCD Director Phone Number: (206)433-7141 E-mail Address: Nora.gierloff(a�tukwilawa.gov Brief Description of the Proposed/Draft Amendment: If this draft amendment is provided to supplement an existing 60-day notice already submitted, then please provide the date the original notice was submitted and the Commerce Material The proposed amendments would modify some restrictions placed on accessory dwelling units (ADUs) in the Low Density Residential single - family zone. Proposed changes include allowing detached ADUs, changes to lot size requirement, number of occupants, number of parking spaces and height, size and design standards. ID number located in your Commerce acknowledgement letter. Is this action part of the scheduled review and update? GMA requires review every 8 years under RCW 36. 70A.130(4)-(6). Yes. No. _X_ Public Hearing Date: Planning Board/Commission: 10/26/17 Council/County Commission: 11/27/17 Proposed Adoption Date: 12/4/17 REQUIRED: Attach or include a copy of the proposed amendment text or document(s). We do not accept a website hyperlink requiring us to retrieve external documents. Jurisdictions must submit the actual document(s) to Commerce. If you experience difficulty, please contact reviewteam a(�commerce.wa.gov Rev 06/2016 To: City Council, Mayor, City Clerk From: Council Member Dennis Robertson Date: October 5, 2017 Subject: Additional Information for Policy Discussion on Update to Accessory Dwelling Unit Regulations Attachments: A. Seattle Times Editorial Board 12/16/2016 report. B. Findings and Decision of the Hearing Examiner for the City of Seattle Staff did a good job on preparing information for this policy discussion. However, while researching the issue 1 discovered additional information. I may use this information during the October 9th, 2017 Council discussion on the item so felt it appropriate to provide this information to you prior to the discussion. Dick Conoboy Dec 16, 2016 Some follow on opinion on the HE decision on ADUs in Seattle... Seattle Times editorial board The Seattle Times SEATTLE reached a turning point Tuesday when a hearing examiner excoriated City Hall's plan to allow density to increase by as much as threefold in city neighborhoods. For the first time in recent memory, the bluff was officially called on the city's poor planning and misleading rhetoric as it enthusiastically boosts development. Hearing Examiner Sue Tanner's ruling suggests that residents were being bamboozled by the equivalent of post factual, fake news. Instead of creating more affordable housing as Mayor Ed Murray and the City Council proclaimed, the policy on backyard cottages would make housing less affordable. The policy would create a bonanza for investors, increasing housing costs. It would also hurt poor and minority residents the policy was purported to help. Officials presented the policy as a way to build innocuous backyard cottages and divers neighborhoods. But experts cited in the ruling said it "would cause displacement of some populations within the city, particularly minority populations" in the south end Backyard cottages and mother-in-law apartments are already allowed in Seattle with some restrictions, such as a requirement that owners live on the property. Crucially, officials wanted to remove that residency requirement, and allow more and bigger rental units on single-family lots. The changes would allow most Seattle houses to be converted to investor -owned; multifamily rentals. Doing so would "accelerate gentrification, driving up home values and reducing the number of entry-level single-family residences available to immigrant populations, thereby diminishing the City's diversity," according to expert testimony. Murray and Councilman Mike O'Brien introduced the policy as an affordability strategy. But city planners disclosed during the hearing that the objective was really to spur construction and new units probably wouldn't be in the "affordable" category. This turning point is important to more than residents feeling steamrollered by City Hall. The Puget Sound region has a vested interest in Seattle maintaining its livability, infrastructure and residential appeal'. The city's ability to grow and attract companies and employees is essential to the region's economic success. Its single-family neighborhoods will provide a lasting advantage if they withstand the current surge of Amazon.com growth and land speculators. In the past, Seattle has been a model of progressive, inclusive governance. Tuesday's ruling suggests that's changing. The ruling said planners minimized policy impacts and gave short shrift to potential harm. Tanner called for a full, objective environmental review of its impacts. The appeal was filed by the Queen Anne Community Council — one of the neighborhood advisory councils Murray dumped in July amid pushback on his growth proposals. The appeal process provides valuable insight into the city's political machine. It should embolden others to challenge extreme proposals and lead to renewed civic engagement. City officials should be grateful for the chance to reconsider a divisive policy, especially since the hearing revealed that its outcomes are contrary to their stated values. Housing advocates protesting that an environmental review hurts affordability and, favors "not - in -my -backyard" homeowners should read the ruling. Ignoring facts — the city shortchanged environmental concerns, housing costs will increase and the disadvantaged may suffer — puts such protesters in the same boat as those who refused to accept the FBI's decision that Hillary Clinton shouldn't be prosecuted. Their "NIMBYism" chant is Seattle's version of "Lock her up." As Seattle updates its growth policies it should pay heed to lessons from Tuesdays ruling. One is that residents care deeply about the negative effects unbridled growth has on their city and they're tired of being spun. Another is that Seattle's tight housing market is not a simple supply - and -demand problem. The supply of single family land in Seattle is finite and diminishing. Demand for this precious resource is nearly infinite, and comes from people wanting homes and investors wanting profits. Officials must weigh these competing demands and balance them with interests of existing residents whom they're supposed to serve. Tuesday's ruling is a welcome opportunity to start fresh, with a more transparent and inclusive process. Editorial board members are editorial page editor Kate Riley, Frank A. Blethen, Donna Gordon Blankinship, Brier Dudley, Mark Higgins, Jonathan Martin, William K Blethen (emeritus) and Robert C. Blethen (emeritus). FINDINGS AND DECISION OF THE HEARING EXAMINER FOR THE CITY OF SEATTLE In the Matter of the Appeal of ' Hearing Examiner File: W-16-004 QUEEN ANNE COMMUNITY COUNCIL from a SEPA determination of non -significance issued by the Director, Office of Planning and Community Development Introduction Pursuant to Chapter 25.05 SMC, the City's codification of the State Environmental Policy Act ("SEPA")I, the Director of the Office of Planning and Community Development issued a determination of non -significance for a proposed ordinance that would amend the Land Use Code,2 to revise and add provisions related to accessory dwelling units. The Queen Anne Community Council appealed the determination of non -significance. The appeal hearing was held before the Hearing Examiner ("Examiner") on August 31, September 1, and September 30. Parties represented at the hearing were the Queen Anne Community Council ("Appellant"), by Jeffrey M. Eustis, attorney -at -law; and the Director of the Office of Planning and Community Development ("OPCD"), by Geoff Wentlandt, OPCD Strategic Advisor. The hearing was then continued to November 1, 2016 to allow OPCD to complete its response to the Appellant's public records request. At the conclusion of the November 1 hearing on the issues related to the requested records, the hearing record was held open for the parties' post -hearing briefs. For purposes of this decision, all section numbers refer to the Seattle Municipal Code ("SMC" or "Code") unless otherwise indicated. After considering the evidence in the record, the Examiner enters the following findings of fact, conclusions and decision on the appeal. Findings of Fact Background 1. The Code defines an "accessory dwelling unit" as one or more rooms that: 1) "are located within an owner -occupied dwelling unit, or within an accessory structure on the same lot as an owner -occupied dwelling unit;" 2) meet certain Code standards; 3) "are designed, arranged, and intended to be occupied by not more than one household as living ' Chapter43.21C RCW. 2 Title 23 Seattle Municipal Code. W-16-004 FINDINGS AND DECISION Page 2 of 14 accommodations independent from any other household;" and 4) "are so occupied or vacant." 3 2. Since 1993, state law has required local governments to allow "accessory apartments" subject to certain local limitations.' The City of Seattle has allowed accessory dwelling units, or "ADUs"5 since 1994. In 2006, the City instituted a pilot program allowing DADUs on single-family lots in one area of the City, and in 2010, regulations were changed to allow either an ADU or a DADU on single-family lots throughout the City subject to Land Use Code regulations. 3. Although tens of thousands of single-family lots are eligible for a DADU, OPCD determined that as of December, 2015, only 221 had been constructed. 4. In 2014, the City Council asked the Department of Planning and DeveIopment6 for a detailed report on the existing status and regulation of ADUs and DADUs in the City, and information and analysis on program and policy changes that could increase their production.? 5. OPCD produced the requested report in October of 2015.8 It determined that there are 124,000+ lots available for use as single-family housing. After subtracting those ineligible for a DADU due to lot size (under 4,000 square feet), environmental constraints, shoreline areas, and lot coverage limitations, OPCD concluded that approximately 75,000 lots remained eligible for a DADU. Reducing the lot size requirement from 4,000 square feet to 3,200 square feet yielded approximately 7,000 additional lots, for a total of 82,000 eligible lots, which are located throughout the city.9 6. OPCD determined that DADUs constructed between 2012 and 2014 were an average size of 632 square feet, located on an average lot size of 6,770 square feet, and at an average self -reported construction cost of $55,000.1° The DADU owners interviewed by OPCD reported charging rents between $650 and $1,800 per month. SMC 23.84A.002 "A" and SMC 23.84A.032 "R". 4 RCW 43.53A.215; RCW 36.70.677. 5 As used herein, an "ADU" is an accessory dwelling unit that is attached to or located within the principal residence on a residential lot, and a "detached accessory dwelling unit' or "DADU," (sometimes called a "backyard cottage") is an accessory dwelling unit located on the same residential lot as the principal residence but not attached to it. 6 The Department of Planning and Development was divided in 2016 into OPCD and the Dcpartment of Construction and Inspections. City Exhibit ("C") 9. Note: The Appellant's exhibits have no letter preceding the number.. g Exhibit C7. 9 See Exhibit C7 at 7. 10 Exhibit C7. at 4. W-16-004 FINDINGS AND DECISION Page 3 of 14 7. OPCD's October 2015 report states that "DADUs are projected to serve households earning 80 to 120 percent of AMI".11 This is also stated earlier in the report.12 At hearing, an OPCD witness explained that this statement was based on information from other cities that allow DADUs. However, the theme of ADUs and DADUs as affordable housing, whether for those earning between 60 percent to 80 percent of the AMI or those earning more, nips through many City documents in the record13 and some of the testimony at hearing. 8. OPCD also reviewed the approach to ADUs and DADUs taken by Vancouver, BC and several jurisdictions within the United States.14 They most closely examined the regulations adopted by Portland, Oregon and Vancouver, BC. 9. None of the US jurisdictions reviewed allow both an ADU and a DADU on the same single-family lot, but Vancouver, BC does so for corner lots and lots with alley access. Similarly, all jurisdictions except Vancouver, BC require owner occupancy of one of the units.15 Only Portland and Denver have no requirement for off-street parking associated with ADUs and DADUs.16 10. OPCD conducted several months of targeted outreach to current and prospective DADU owners, designers and builders, and held two community meetings.' 7 11. In early 2016, a councilmember and OPCD co -hosted two meetings to receive feedback on potential Land Use Code changes to facilitate the production of ADUs and DADUs. A planner from Portland attended one of the meetings to review Portland's experience with ADUs and DADUs. OPCD also distributed comment forms on the proposed Code changes. 12. The Portland planner reported no negative impacts associated with ADUs and DADUs, and in particular, few on -street parking impacts, as these units were associated with 0.93 vehicles per unit compared to 1.31 vehicles per unit for other Portland rentals.( s According to OPCD, planners in other cities that allow ADU and DADUs also reported no adverse impacts from them. " Id. at 21. "AMI" is the Area Median Income. 121d at 4. 13 See, e.g., Exhibits CI, C3, C7, C9 and numerous City emails included in Exhibit 18. Note; As reflected in the minutes of the hearing, some of the content in Exhibit 18 was excluded from the record. 14 Exhibit C7 at 13. 15 Vancouver requires owner occupancy if one of the units is a short-term/vacation rental. 16 Exhibit C7 at 13 17 See Exhibits C8 and 17. 's See Exhibit CIO at 22 and 25. W-16-004 FINDINGS AND DECISION Page 4 of 14 Proposal 13. OPCD has prepared a draft ordinance that would amend existing Land Use Code provisions on ADUs and DADUs.19 The major provisions of the ordinance are as follows: A. Rather than being limited to an ADU or a DADU, an eligible lot would be allowed to have both an ADU and a DADU; B. DADUs were fomlerly limited to 800 square feet of gross floor area, but the size would be increased to match the existing 1,000 square foot limit for ADUs. Further, garage and storage areas, which are now included in the gross floor area calculation for both, would be excluded; C. Although OPCD considered the idea of increasing the total number of unrelated people who could live on a lot with an ADU and/or DADU,20 the current limit of eight people would be retained;21 D. The existing requirement that an owner "with at least a 50 percent interest in the property" must occupy one of the units on the property for at least six months of every calendar year as the owner's permanent residence22 would be revised to require that an owner with any ownership interest in the property must occupy one of the units on the property for six months only during the first twelve months following final building permit inspection. E. The minimum lot size for DADUs would be reduced from 4,000 square feet to 3,200 square feet; F. The total allowed lot coverage limit would remain at 35 percent for lots of 5,000 square feet or more, and 1,000 square feet plus 15 percent of lot area for lots of less than 5,000 square feet. (Thus, the effective lot coverage allowed for a 4,000 square foot lot is 40 percent, and for a 3,200 square foot lot is just over 46 percent.) G. The existing 40 percent maximum combined rear yard coverage limit for all structures would apply only if a DADU was greater than 15 feet in height. A DADU 15 feet or less in height could cover an additional 20 percent of the rear yard so long as all other structures combined did not cover more than 40 percent of the rear yard, for a total allowed rear yard coverage of 60 percent. Further, for rear yards abutting an alley, the rear yard coverage could be expanded by calculating it from the centerline of the alley. 19 Exhibit C3. 220 Exhibit 18. 21 The current average number of residents occupying a household is approximately two. 22 SMC 23.41.041.C. W-16-004 FINDINGS AND DECISION Page 5 of 14 H. The maximum height of DADUs is based on the width of the lot. The lot width categories would be reduced from five to three, and allowed base structure heights would be increased by two feet. I. The present requirement for one off-street parking space to be provided for an accessory dwelling unit outside defined urban centers or urban villages would be removed. J. Some restrictions on the location of ADU/DADU entrances would be removed, some roof features that add interior space would be allowed, and standards for projections from DADUs would be clarified.23 Environmental Review 14. OPCD prepared a SEPA Environmental Checklist ("Checklist") for the proposed legislation on May 16, 2016.24 The Checklist was completed by one of the planners who had done most of the background work for the ordinance, and the Checklist cites three documents he had prepared.25 15. OPCD determined that because the proposed ordinance is a non -project proposal, there was no requirement to provide substantive information about it in response to the questions in Part B of the Checklist. The planner did respond to the questions in Part D, answering that the proposal would not have any direct impacts on most elements of the environment. 16. OPCD based much of its analysis in Part D of the Checklist on its production estimate for new DADUs which, in turn, is based on the existing ADU/DADU production rate and OPCD's opinion that the proposed ordinance is an "incremental modification of existing regulations": For the purposes of analysis and discussion, OPCD considered a scenario in which as many as five percent of the approximately 75,000 single-family Iots eligible for a detached accessory dwelling unit26 added an attached and/or detached accessory dwelling unit. If produced over a 20-year period, this quantity of new accessory dwelling units would translate to less than a sixfold increase over currently observed annual production rates. A production rate of this magnitude is greater than what can be reasonably expected as a result of this proposal — but even if realized would have only a minor effect on single-family zones as a whole. This theoretical ... 23 Exhibit C3. 24 Exhibit CI 25 Exhibits C6, C7 and C8. See Exhibit 1 at 1-2. 26 OPCD did not address any additional impacts that might result from the additional 7,000 DADU-eligible Tots between 3,200 and 4,000 square feet in size. W-I6-004 FINDINGS AND DECISION Page 6 of 14 production rate increase ... would result in less than 4,000 new accessory dwelling units in single-family zones citywide.27 17. Proceeding from this premise, OPCD reviewed the likely impacts to land use, which were said to be indirect. The Checklist determined that the proposal was consistent with several Comprehensive Plan policies and, in light of OPCD's production estimate, concluded that the proposal was not likely to result in a higher population density than anticipated by existing zoning.28 Height, bulk and scale impacts were described as "compatible with existing goals and policies for single-family zones," and proposed height increases for DADUs were described as minor "when compared to redevelopment of principal dwelling units in single-family zones.i29 18. The Checklist briefly addressed the potential for ADUs and DADUs to be used for short-term/vacation rentals, which are not regulated, and determined that such a use would have no greater impacts than long -terns rental use.3° 19. Based on OPCD's production estimate, the historic distribution of ADUs and DADUs throughout the City, and the existence of transit in some areas, the Checklist states that any increased localized impacts from the proposal on transportation, including parking, or on public services and utilities, are expected to be negligible.31 20. The SEPA determination for the proposal was prepared by another OPCD employee, who supervised the author of the Checklist, had consulted with him about it and was fully involved in the development of the proposal.32 21. Following completion of the Checklist, OPCD issued a determination of non - significance ("DNS") for the proposed ordinance.33 Concerning the natural environment, the DNS concludes that the proposal would not significantly alter the eligible locations for ADUs and DADUs, and that single -family -zoned areas are typically characterized by a high level of existing development and urbanization.34 Neither direct nor indirect impacts on vegetation are discussed. 22. Concerning height, bulk and scale impacts, the DNS acknowledges some impacts from increased height and bulk, but concludes that taken together, the Code changes amount to "very minor and incremental increases" that would not increase overall allowed lot coverage.3s 27 Exhibit CI at 15. 26 Id. at 14. 291d. at 16. 3° Id. 31 Id. at 16-17. 32 See, e.g., admitted emails within Exhibit 18. 33 Exhibit C2. 34 Id. at 2-3. 38 Id. at 3. W-16-004 FINDINGS AND DECISION Page 7 of 14 23. The DNS concludes that significant impacts on land use are not expected because ADUs and DADUs "are currently allowed as accessory uses to principal single-family dwelling units in single-family zones, and that would not change under the proposal." 36 Anticipated increases in the production rate for ADUs and DADUs, and in the average overall "household" size for lots that include these uses are determined to be minor. And the limited production rate is expected to translate into "minimal or negligible impacts to public services and utilities."31 24. The DNS also relies on a limited production rate and a continuation of the existing distribution pattern for ADUs and DADUs in concluding that the proposal's transportation impacts would be small and incremental. It acknowledges that there could be "minor localized impacts to the availability of on -street parking" but notes that the availability of on -street parking varies by neighborhood and concludes that those with greater parking constraints "tend to be neighborhoods with a greater variety of transportation options closer to job centers." It does not analyze impacts by neighborhood. 25. The DNS concludes that overall, the proposal is not expected to result in any significant adverse impacts on the environment, and that the existing regulatory framework will address impacts on a project -specific basis. Appeal 26. The Appellant timely appealed the DNS. Some of the Appellant's claims were dismissed by order following briefing on OPCD's motion to dismiss. The remaining claims assert that the DNS is clearly erroneous due to the manner in which OPCD conducted the environmental review; because OPCD failed to consider whether the proposal attains its stated objectives; and because OPCD failed to sufficiently analyze the impacts of the proposed legislation on housing and displacement of populations, height, bulk and scale, parking, and public services and facilities. The Appellant asks that the DNS be reversed and an environmental impact statement ("EIS") be required. 27. William Reid, an experienced urban economist from Oregon whose work focuses on real estate and economic development, has worked as a consultant for projects in both Oregon and the Seattle area as well as for public agencies, including the City of Seattle. He is familiar with Portland's experience with backyard cottages. Mr. Reid testified on behalf of the Appellant. Having reviewed the record for the DNS, he concluded that OPCD did a thorough analysis of the likely incremental increases in ADUs and DADUs that would be built under the proposed legislation by single-family property owners for their own uses, such as a rental or for housing a family member. But he observed that there was no acknowledgement by OPCD of the likelihood that the legislation would promote the 36 Id 3' Id at 4. W-I6-004 FINDINGS AND DECISION Page 8 of 14 conversion of single-family equity asset property into income property, and no analysis of the environmental impacts of that fundamental shift. 28. Mr. Reid explained that in Portland, when just one 800 square foot. ADU or DADU was constructed on a single-family lot, the value of the lot rose by 10%, and from that, he extrapolated that the addition of two 1000 square foot rental units on a single-family lot would raise the value as much as 20%. The value would increase further where the owner occupancy requirement was substantially reduced, as in the proposed legislation, allowing for rental of all three units on the property. Mr. Reid described this as the "tipping point," because under this scenario, outside investment interests would have significant interest in the properties for investment purposes, and "the fundamental form of the land use would change." He did not see the short-term rental restriction imposed by the proposed ordinance as an impediment to this change. Neither he, nor OPCD, found anything in the ordinance that would prevent a one percent owner in an LLC that, in turn, owned a single- family lot that included a principal residence and an ADU and/or DADU, from fulfilling the revised owner/occupant requirement. 29. In reviewing the record of the legislation, Mr. Reid saw no analysis of what parts of the city, or what populations would be most affected by these changes or what the effects would be, and he was certain that this information could not be extrapolated from the city's experience with ADUs and DADUs to date. He explained that the households most vulnerable to this type of redevelopment are properties that have lower values and thus, are often already providing affordable housing, because they allow for a greater return on investment. The replacement housing would be rented out at higher marketvalue rents or as overnight/short-term vacation rentals. Sam Lai, a licensed and certified residential appraiser called to testify by OPCD, agreed that he had seen no formal study of adding "two income streams" to an existing single-family home, and that the ability to put multiple income units on a single-family lot would make it more attractive to investors and increase property values. 30. Mr. Reid and Sou Souvanny, a land use and economic development consultant originally from Seattle, agreed that the proposed legislation would cause displacement of some populations 'within the city, particularly minority populations. She testified that this would accelerate gentrification, driving up home values and reducing the number of entry- level single-family residences available to immigrant populations, thereby diminishing the City's diversity. Ms. Souvanny expected that this would occur most in Southeast and Southwest Seattle. Applicable Law 31. SMC 25.05.752 defines "Impacts" as "the effects or consequences of actions. Environmental impacts are effects upon the elements of the environment listed in Section 25.05.444." W-16-004 FINDINGS AND DECISION Page 9 of 14 32. "A proposal's effects include direct and indirect impacts caused by a proposal. Impacts include those effects resulting from growth caused by a proposal as well as the likelihood that the present proposal will serve as a precedent for future actions. For example, adoption of a zoning ordinance will encourage or tend to cause particular types of projects ...." SMC 25.05.060 D.4. "Impacts shall include those that are likely to arise or exist over the lifetime of a proposal". Emphasis added. 33. "Probable" is defined in SMC 25.05.782 as "likely or reasonably likely to occur...." 34. SMC 25.05.794 defines "significant" as "a reasonable likelihood of more than a moderate adverse impact on environmental quality." 35. SMC 25.05.330 directs that, in making the threshold determination, the responsible official shall determine "if the proposal is likely to have a probable significant adverse environmental impact". If the responsible official reasonably believes that a proposal may have such an impact, an environmental impact statement is normally required. Id. if the responsible official determines that there will be no probable significant adverse environmental impact, a determination of non -significance is to be issued. SMC 25.05.340. Conclusions 1. The Hearing Examiner has jurisdiction over this appeal pursuant to SMC 25.05.680. The Director's DNS is to be accorded substantial weight, and the party appealing it bears the burden of proving that it is "clearly erroneous". SMC 25.05.680 B.3. A decision is clearly erroneous if the Examiner is "left with a definite and firm conviction that a mistake has been committed." Moss Bellingham, 109 Wn. App 6, 13, 31 P.3d 703 (2001)(citations omitted). The record must demonstrate that "environmental factors were considered in a manner sufficient to amount to prima facie compliance with the procedural requirements of SEPA," and that the decision to issue the DNS was based on "information sufficient to evaluate the proposal's environmental impact." Anderson v. Pierce County, 86 Wn. App. 290, 302, 936 P.2d 432 (1997). "The burden is on the body subject to SEPA" to make this showing. City of Bellevue v. King County Boundary Review Bd., 90 Wn.2d 856, 867, 586 P.2d 470 (1978). 2. The reviewing body may not substitute its judgment for the decisionmaker, but instead, examines the record and all the evidence in Iight of the public policy underlying SEPA. Association of Rural Residents v. Kitsap Cy., 141 Wn. 2d 185, 196-195, 4 P.3d 115 (2000)(citations omitted). 3. The courts have held that the policy underlying SEPA is "to promote the policy of fully informed decision making by government bodies" to ensure that environmental values are given appropriate consideration. Moss v. Bellingham supra at 14, quoting Norway Hill Preservation and Protection Assoc. v. King Cy. Council, 87 Wn.2d 267, 272, 552 P.2d 674 (1976). Further, "one of SEPA's purposes is to provide consideration of environmental factors at the earliest possible stage to allow decisions to be based on complete disclosure W-16-004 FINDINGS AND DECISION Page 10 of 14 of environmental consequences." King Cty. v. Washington State Boundary Review Bd, 122 Wn.2d 648, 663-64, 860 P.2d 1024 (1993) citing Stempel v. Department of Water Resources, 82 Wn.2d 109, 118, 508 P.2d 166 (1973). 4. The Appellant claims that the DNS was clearly erroneous because OPCD was the proponent of the proposed ordinance, and the same OPCD staff who developed the legislation, and were advocating for it, also prepared the Checklist and make the SEPA threshold determination. The Appellant points to some of the numerous emails included in Exhibit 18 that demonstrate that the authors of both the Checklist and the DNS were advocates for the legislation, expressing satisfaction that it could "unleash tremendous growth in single family areas,"38 and suggesting that survey responses from owners of DADUs might be used to "tell a positive story" about DADUs.39 The Appellant suggests that among the hundreds of staff members employed in OPCD and DCI, there must have been a planner other than the proposal's champions who could have conducted SEPA review on it. OPCD responds that a councilmember was actually the ordinance's proponent, with OPCD providing technical assistance, which is a common practice. 5. SMC 25.05.926. provides that when "an agency initiates a proposal, it is the lead agency for that proposal" and that "[w]henever possible, agency people carrying out SEPA procedures should be different from agency people making the proposal." This Code section expresses a strong procedural preference, but not an absolute requirement for separation of the project proponent from the SEPA threshold determination process. It is clear from the record in this case that although OPCD may have started out merely providing technical assistance on the ordinance, it soon became an enthusiastic proponent of it. It would have been better practice for the SEPA review process to have been conducted by others inside or outside of OPCD who were not associated with work on the ordinance. Nonetheless, the fact that this did not occur is not alone a basis for overturning the DNS. 6. The Appellant argues that the DNS is clearly erroneous because responses to Part B of the Checklist "would have meaningfully contributed to analysis of the proposal."40 The Appellant lists the questions in Part B on which it presented evidence at hearing to show that responses would have contributed "meaningfully to the analysis of the proposal," and seeks a remand to OPCD for preparation of a new threshold determination that includes answers to those questions. OPCD maintains that because the proposal is .a non -project action, it was properly analyzed under Part D of the Checklist, and that within the responses to the questions in. Part D, it did, in fact, analyze the issues raised by the Appellant. The 38 Exhibit 18, "Proposals Without Analysis," Email 18. 39 Id., "Bias In Public Process," Email 19; Testimony of Geoff Wentlandt. 40 Closing Argument by Queen Anne Community Council at 4. SMC 25.05.960 requires that "City departments shall use an environmental checklist substantially in the form set forth in WAC 197-11-960, which reads, in part: "For nonproject proposals complete this checklist and the supplemental sheet for nonproject actions (Part D). The lead agency may exclude any question for the environmental elements (Part B) which they determine do not contribute meaningfully to the analysis of the proposal." W-1 6-004 FINDINGS AND DECISION Page ll of 14 Examiner does not consider this issue further. The substance of the information provided in the Checklist is key, not its location within the Checklist, and that substance is addressed below. 7. The Appellant observes that the proposed ordinance has been actively promoted as a means to create affordable housing but that OPCD failed to analyze whether the ordinance could fulfill that objective. There is significant testimony in the record that the ordinance would not create affordable housing in most instances,41 but OPCD responds that the objective of the legislation is simply to encourage the production of ADUs and DADUs through revisions to Code requirements that restrict their production. Although it may be unsettling for the Appellant to see legislation promoted for a purpose that it is unlikely, and apparently not intended, to fulfill, that is a political issue, not a SEPA issue. As noted, the SEPA issue in this case is whether the record demonstrates that environmental factors were fully considered and the DNS was based on "information sufficient to evaluate the proposal's environmental impact."42 8. The Appellant asserts that the DNS is clearly erroneous because OPCD failed to consider the proposal's impacts on existing housing, including the displacement of some populations. The Appellant notes that the Checklist requires consideration of the proposal's impacts on housing, including the housing type impacted and the potential for elimination of housing. It also requires an assessment of displacement impacts. Apparently relying on its opinion that no more than 4,000 new ADUs and DADUs would be produced under the ordinance over a 20-year period, and its assumption that they would continue to be dispersed throughout the city, OPCD did not further analyze housing and displacement impacts in either Part B or Part D of the Checklist or in the DNS. 9. The testimony of Mr. Reid, Ms. Souvanny, and Mr. Lai showed that the proposal is likely to cause significant adverse impacts to housing, including existing lower income housing, and is likely to displace vulnerable populations. Maintaining that it did consider housing and displacement impacts, OPCD repeats the statistics and projections from the Checklist and DNS that are based on its experience with ADUs and DADUs under existing regulations. But the evidence shows that the proposed legislative changes would create a regulatory environment that is likely to generate entirely different impacts that OPCD has not considered, what Mr. Reid referred to as a "fundamental change to the land use form." 10. OPCD characterizes the impacts discussed by Mr. Reed and Ms. Souvanny as purely economic in nature and thus, not required to be analyzed in a DNS. But they are not. SEPA requires analysis of both the direct and indirect impacts that would occur over the lifetime of the proposal. As with other zoning legislation, the direct impact of the proposed ordinance would be to alter the economic environment for development, in this case, development within single-family zones. However, the evidence here shows that the 41 Testimony of William Reid, Sou Souvanny, Sam Lai, Matt Hutchins, Gregory Hill, Nicholas Welch; and Geoff Wentlandt. 42 Anderson v. Pierce County supra. W-16-004 FINDINGS AND DECISION Page 12 of 14 indirect impacts of the legislation would adversely affect housing and cause displacement of populations. These are significant adverse environmental impacts that must be studied in an EIS in the context of the development/economic environment that would be created by the proposal. 11. OPCD also argues that the housing and displacement impacts cited by the Appellant's witnesses are remFote and speculative, but there is more objective evidence in the record to support them than can be found in either the Checklist or the DNS, both of which lack citations to any independent sources. 12. The Appellant contends that OPCD failed to consider the proposal's impacts on height, bulk and scale and that the DNS and Checklist do not accurately represent the magnitude of development allowed by the proposed legislation. OPCD reviewed the additional height, bulk and scale that the legislation would permit in comparison to the additional mass that could be, but generally has not been, constructed on single-family lots under existing regulations. But the Appellant contends that "[e]ven though the proposed legislation may not increase the maximum allowable lot coverage within single family zones, it would allow for increased height, bulk and scale by allowing an additional 1200 sq ftQ3 ... of rental space, increased rear yard lot coverage, and increased height for DADUs. None of the City's documents accurately show the impact of the increased height, bulk and scale."44 Thus, the crux of this issue is transparency. 13. Neither the Checklist nor the DNS included any illustrations to show the impacts of the proposed changes to allowed height, bulk and scale. The Director's report includes two illustrations, but they depict development on one lot shown in isolation.45 The Appellant's complaint is that OPCD has not shown the potential total height, bulk and scale impacts of multiple, larger DADUs on a block, or of larger DADUs on lots less than 5,000 square feet in size, as was done by Thomas Marshall, one of architects who testified for the Appellant at hearing.46 An analysis of the proposed legislation's likely height, bulk and scale impacts in light of what could be constructed under existing regulations is a start. But SEPA's policy of "fully informed decision making by governmental bodies" and "complete disclosure of environmental impacts" "at the earliest possible stage," requires that the City Council be shown the likely height, bulk and scale impacts of the proposal. On remand, the analysis of height, bulk and scale impacts must be done in the context of the actual 43 OPCD argues that just 200 additional square feet of rental space would be allowed because existing regulations already allow a 1,000 square foot ADU within or attached to the principal structure or an 800 square foot DADU on the same lot as the principal structure. However, the new legislation -would allow both a 1,000 square foot A.DU and a 1,000 square foot DADU, which could result in up to 1,200 additional square feet of rental space being constructed on a single-family lot. (For example, with a total of 2,000 square feet of rental space allowed, a property owner with an existing 800 square foot DADU could construct 1,200 additional square feet of rental space on the lot, of which 1,000 square feet would have to be an ADU that was within or attached to the principal structure.) 44 Rebuttal Argument by Queen Anne Community Council at 8 (footnote omitted). 45 Exhibit C6 at 8 and 9. 46 Compare Exhibit C4, prepared for the hearing by OPCD's architect, Matt Hutchins, and Exhibit 10, prepared by the Appellant's architect, Thomas Marshall. Both architects have designed ADUs and DADUs W-16-004 FINDINGS AND DECISION Page 13of14 development environment created by the legislation (as opposed to the existing development environment, see Conclusions 9 and 10), and must include renderings that accurately represent at least the maximum height, bulk and scale that could be constructed on at least one full block and include lots as small as 3,200 square feet. 14. The Appellant claims that OPCD's assessment of parking impacts is not supported by substantiated opinion and data. As noted, the proposal would remove the existing requirement for one off-street parking space for an accessory dwelling unit located outside an urban center or village. OPCD agrees that its consideration of parking impacts is largely based on its production estimate for ADUs and DADUs and on the existing distribution of ADUs and DADUs within the city.47 There is no citation to any studies or other objective data as the basis for the conclusion that parking impacts would be minor. The parking analysis was not even reviewed by DCI's transportation planner.48 15. OPCD points to a study conducted in Portland, which showed that just over one-third of ADUs had vehicles parked on the street.49 This study was not cited in the Checklist or the DNS. Of more importance, though, is the fact that Portland allows only one accessory dwelling unit of just 800 square feet on a single-family lot, whereas the proposal would allow two larger units, which increases the likelihood of a larger number of people living on each lot.50 In addition, there is nothing in the record showing the relative types and availability of transit in Portland and Seattle neighborhoods, which would likely affect car ownership among ADU and DADU residents. Overall, it does not appear that the determination on parking impacts was based on information sufficient to evaluate those impacts. Further, unrefuted testimony from the Appellant's witness, Thomas Marshall, although somewhat exaggerated, showed that the proposal presents a reasonable likelihood of more than a moderate impact on parking. Finally, a new parking impact analysis will be required in any event in Light of Conclusions 9 and 10 above. 16. The Appellant contends that OPCD failed to substantiate its conclusion that the proposal would have negligible impacts on public services and facilities. Again, OPCD agrees that its analysis of public service impacts was based on its production and dispersion estimates for ADUs and DADUs drawn from experience under current regulations. And OPCD points out that the household size limit for unrelated persons would remain at eight under the legislation. Nonetheless, most single-family household units do not include eight people. What is not addressed is the fact that, in general, the city's road and utility systems, including stormwater, were laid out to support one single-family dwelling unit on a single- family lot, as noted by the Appellant. There is no information in the record to indicate whether or not they are sized to support the likely increase in density, and attendant increase in impermeable surfaces, that would result from the proposed ordinance. This information is particularly important considering the "fundamental change to the land use form" that 47 OPCD's Closing Argument at 8, See Finding 16. 48 Testimony of John Shaw. 44 OPCD's Closing Argument at 8. See Exhibit C 10. so OPCD forecasts an average of 1.97 persons per household in 2035, down from an average of approximately two persons today. Exhibit 14. W-16-004 FINDINGS AND DECISION Page 14 of 14 would be accomplished by the legislation. OPCD's determination on the proposal's likely public service impacts was not based on information sufficient to evaluate those impacts. 17. The record demonstrates that the challenged DNS was not based on information sufficient to evaluate the proposal's impacts. It is therefore clearly erroneous and must be reversed. Decision The Determination of Non -significance is REVERSED and is REMANDED to OPCD for preparation of an EIS consistent with this decision. The Examiner does not maintain jurisdiction over this matter. Entered this 13thday of December, 2016. Sue A. Tanner Hearing Examiner Concerning Further Review NOTE: It is the responsibility of the person seeking to appeal a Hearing Examiner decision to consult Code sections and other appropriate sources, to determine applicable rights and responsibilities. The decision of the Hearing Examiner in this case is the final decision for the City of Seattle. In accordance with RCW 36.70C.040, a request for judicial review of the decision must be commenced within twenty-one (21) days of the date the decision is issued unless a motion for reconsideration is filed, in which case a request for judicial review of the decision must be commenced within twenty-one (21) days of the date the order on the motion for reconsideration is issued. The person seeking review must arrange for and initially bear the cost of preparing a verbatim transcript of the hearing. Instructions for preparation of the transcript are available from the Office of Hearing Examiner. Please direct all mail to: PO Box 94729, Seattle, Washington 98124-4729. Office address: 700 Fifth Avenue, Suite 4000. Telephone: (206) 684-0521. Appellants Queen Anne Community Council c/o Jeffrey M. Eustis 720 Third Avenue„ Suite 2000 Seattle, WA 98104 Department Director Samuel Assefa Office of Planning and Community Development PO Box 34019 Seattle, WA 98124 BEFORE THE HEARING EXAMINER CITY OF SEATTLE CERTIFICATE OF SERVICE I certify under penalty of perjury under the laws of the State of Washington that on this date I sent true and correct copies of the attached Findings and Decision to each person listed below, or on the attached mailing list, in the matter of Queen Anne Community Council, Hearing Examiner Files: W-16-004, in the manner indicated. Party Method of Service Queen Anne Community Council ❑ U.S. First Class Mail, postage prepaid c/o Jeff Eustis ❑ Inter -office Mail Eustis & Aramburu, LLP ►/ E-mail eustis@aramburu-eustis.com Fax ❑ Hand Delivery ❑ Legal Messenger OCPD n U.S. First Class Mail, postage prepaid Geoffrey Wentlandt ❑ Inter -office Mail Geoffrey.Wentlandt@seattle.gov E-mail ►1 ❑ Fax Nick Welch E Hand Delivery Nick.Welch@seattle.gov f l Legal Messenger Bob Tobin Bob.Tobin@seattle.gov Mike O'Brien Mike.Obrien@seattle.gov Dated: December 13, 2016 Tiffany Ku Legal Assistant ADU Changes SurveyMonkey Q1 Should the City reduce the minimum lot size required to build an ADU from 7,200 square feet to the minimum lot size in the Low Density Residential Zone, 6,500 square feet? Yes - make the change No - keep this the same ANSWER CHOICES Yes - make the change No - keep this the same TOTAL 1 2 3 4 5 6 7 8 9 Answered: 165 Skipped: 0 HMI 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% RESPONSES 63.03% 36.97% OTHER (PLEASE SPECIFY) Make the change to include SMALLER properties!! What percentage of Tukwila lots would be effected? Who cares what a person decides to build on their property as lomg as it doesn't create a health hazard to their neighbors? Why allow two houses on one LDR lot when present PRD is 5525SF. Poor choice for housing infil. By changing the lot size and allowing an ADU Low Density Residential zoning in Tukwila would virtually cease to exist. Two homes on 6,500 square feet is what I would consider High Density for a single family home neighborhood. If is quality and number of residents is regulated and distance from neighbors property Tukwila should also reduce all residental lots sizes to 6,000 square feet from 6,500. Minimum lot size should be dependent on if ADU is attached or detached. 6500 for attached. 7200 for detached. If the ADU is attached to the house, or above a detached garage, 6500 sq ft would be ok. Keep the same if detached (backyard cottages) are allowed (although I would not like backyard cottages). DATE 7/23/2017 9:37 PM 7/22/2017 3:15 PM 7/21/2017 4:07 PM 7/20/2017 6:10 PM 7/18/2017 5:46 PM 7/18/2017 4:26 PM 7/18/2017 2:06 PM 7/17/2017 11:05 PM 7/17/2017 11:44 AM 104 61 165 1/15 ADU Changes SurveyMonkey Q2 Should the City allow detached ADUs, like backyard cottages, that are not part of the main house? Answered: 161 Skipped: 4 Yes - make the change No - keep this the same ANSWER CHOICES Yes - make the change No - keep this the same TOTAL 0% 10% 20% 30% 40% 50% 60% 70% 80% RESPONSES 77.02% 22.98% 90% 100% OTHER (PLEASE SPECIFY) 1 It should depend on the size of the lot 2 Yes if lot coverage remains the same as it is now. 3 Please, allow this! Housing is SUCH a struggle for this county. We need more options!! 4 Shouldn't a person be allowed to house their mother-in-law without having her live in their house? 5 Owner s choice , can be either backyard cottages or detached AUD 6 City council should have their heads examined for spending money on a suspicious idea. Instead of one rental property their will be two. Where is the benefit for the community. 7 This could be useful for certain people, but not appropriate for all....overall this may be a good solution to certain circumstances., bad for others. 8 This is the most important change. 9 One house pure lot. 10 No rehab or halfway houses, etc. 11 Much additional affordable housing is needed. 12 Design should reflect design of original/main home and/or neighborhood. 13 Yes, but lot square footage should be more compared to ADUs. 14 Would not mind if an ADU was above the garage even if the garage is not attached to the house. Would not like to see 2 homes on 1 lot. DATE 7/31/2017 8:40 PM 7/25/2017 6:22 PM 7/23/2017 9:37 PM 7/21/2017 4:07 PM 7/20/2017 7:42 PM 7/20/2017 6:10 PM 7/19/2017 8:15 AM 7/18/2017 7:25 PM 7/18/2017 5:46 PM 7/18/2017 4:26 PM 7/18/2017 2:06 PM 7/17/2017 11:05 PM 7/17/2017 3:01 PM 7/17/2017 11:44 AM 124 37 161 2/15 ADU Changes SurveyMonkey Q3 Should the City allow detached ADUs to be up to 800 square feet no matter the size of the main house? Answered: 159 Skipped: 6 Yes - make the change No - keep this the same ANSWER CHOICES Yes - make the change No - keep this the same TOTAL 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% RESPONSES 67.92% 108 32.08% 51 159 # OTHER (PLEASE SPECIFY) DATE 1 900 sf 8/1/2017 4:11 PM 2 Could even be bigger that 800 sf 8/1/2017 4:04 PM 3 I'm not aware of the current square footage. 7/31/2017 4:09 PM 4 I would want t know why 800? 7/26/2017 7:49 AM 5 No. Maximum lot coverage established should remain the same. See above. 7/25/2017 6:22 PM 6 650 sft 7/23/2017 1:02 PM 7 800 square feet is enoiugh to provide an nice living space for a relative. 7/21/2017 4:07 PM 8 8 x 10 is not very big... 7/19/2017 8:15 AM 9 Would I be happy if an 800 sq ft building went up in my neighbors backyard. No! Would he be 7/18/2017 5:46 PM happy if one went up in my backyard? No. Why create all that unhappiness? 10 For scale and blending, it should be a percentage of the existing structure and some ratio of the lot 7/17/2017 4:00 PM size. Maybe up tp 1000 sqft. 11 Unless it's above a garage and the garage is 800 sq ft, then ADU would be ok at 800 sq ft. 7/17/2017 11:44 AM 12 I would suggest approximately the size of a generous studio, I am not sure what that would equate 7/14/2017 6:10 PM to but I am thinking maybe 500 -600 sq feet? 13 And also 800 Sqf should not include the parking space. 7/14/2017 11:24 AM 14 Detached should be smaller. 7/13/2017 9:10 AM 3/15 ADU Changes SurveyMonkey Q4 Should the City allow attached ADUs to be up to half the square footage of the house rather than the current limit of one third? Answered: 159 Skipped: 6 Yes - make the change No - keep this the same ANSWER CHOICES Yes - make the change No - keep this the same TOTAL 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% RESPONSES 60.38% 39.62% # OTHER (PLEASE SPECIFY) 1 Pay extra costs 2 If it meets other lot dimension requirements 3 Depends on how big the house and lot is. 4 Not sure - maybe up to half with a cap on the total sq. ft. 5 Is the City worried about over crowding when it is building a monstrosity of a low income housing unit near the SouthCenter Mall? 6 AUDs should be allowed up half the sq footage of the main house 7 Only If the ADU is on a 7200SF lot, then and only then could ADU be 1000SF. 8 Yes, up to 800 sf max 9 This creates a duplex. 10 a single amount seems better, so an adu could be the limit of 800 square feet 11 Lot size should be a factor making sure the structure does not cover the entire lot. Scale scale a consideration. 12 Most homes would not allow up to half of the square footage, but for those that can, we feel it should be allowed. DATE 8/1/2017 4:08 PM 7/26/2017 7:49 AM 7/25/2017 6:22 PM 7/22/2017 12:11 PM 7/21/2017 4:07 PM 7/20/2017 7:42 PM 7/20/2017 6:10 PM 7/18/2017 9:34 PM 7/18/2017 5:46 PM 7/17/2017 4:30 PM 7/17/2017 4:00 PM 7/13/2017 11:41 AM 96 63 159 4/15 ADU Changes SurveyMonkey Q5 Should the City only require 1 additional parking space per ADU, rather than the 2 that are now required for units over 600 square feet? Answered: 162 Skipped: 3 Yes - make the change No - keep this the same ANSWER CHOICES Yes - make the change No - keep this the same TOTAL 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% RESPONSES 54.32% 45.68% OTHER (PLEASE SPECIFY) 1 Who cares? There are cars parked all over the place. Just keep the cars parked off of the streets. 2 if the MIL is for one person why two cars? somehow, the parking spaces should match the number of cars that belong to the residents of the MIL 3 Its important that ADUs not effect street parking 4 Parking is already a HUGE issue in Tukwila. Off street parking is essential if we are going to have passable roads. 5 City should LIMIT additional parking to one space 6 Parking is generally a problem in the city, let's not exacerbate the parking problem. 7 Is a parking space considered a place in the driveway, in front of the garage? 8 The density of this area is increasing. Many people will ride public tranist and only have a max of one car. The current 2 additional spots seems to not take into account the current culture of the area. 9 Encourage less car use. DATE 7/21/2017 4:07 PM 7/19/2017 8:15 AM 7/18/2017 7:25 PM 7/18/2017 5:46 PM 7/17/2017 11:05 PM 7/17/2017 4:00 PM 7/16/2017 4:51 PM 7/13/2017 11:11 AM 7/13/2017 9:10 AM 88 74 162 5/15 ADU Changes SurveyMonkey Q6 Should the property owner be allowed to rent out both the house and ADU instead of living on site? Answered: 163 Skipped: 2 Yes - make the change No - keep the same ANSWER CHOICES Yes - make the change No - keep the same TOTAL 1 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% RESPONSES 53.37% 46.63% OTHER (PLEASE SPECIFY) This is the main problem. As a past Tukwila Building Inspector I found developers buying properties to convert the property into a duplex with no intention of living there. I brought this to the attention of the Planning Director and was told that requiring the owner live at the residence was not enforceable. A study was done a while ago about the percent of rental units in the city. There must have been some concern. 2 Again, this is a MUCH needed change to support this crowded, growing region!! Affordable options are shrinking!! 3 Okay as long as a professional property manager is Managing property!!! 4 No, these changes should be for housing family and friends not for converting the LDR lots into high density, money making lots which would destry the charm of LDR neighborhoods. 5 Allow rent out both the house and AUD if the owner lives in the premise or not 6 But only on 7200SF lots otherwise there is no benefit to the community. 7 Its important to for Tukwila to remain an owner occupied city. 8 If both units are rentals more multi -family buildings which are unregulated will be created. Do we really need more multi -family dwellings in Tukwila? We already have more per capita than any other city in the state. 9 no! owner occupation is a must 10 Lets not encourage absentee landlords who are mostly profit and not community oriented. 11 People own these buildings and should be able to do what they want with them. There are so many existing codes and rental requirements it is the least we can do for people who have to abide by all of those regulations and business license. 12 No slum lords please DATE 8/5/2017 8:46 AM 7/23/2017 9:37 PM 7/23/2017 1:02 PM 7/21/2017 4:07 PM 7/20/2017 7:42 PM 7/20/2017 6:10 PM 7/18/2017 7:25 PM 7/18/2017 5:46 PM 7/18/2017 12:33 PM 7/17/2017 4:00 PM 7/13/2017 11:11 AM 7/13/2017 9:10 AM 87 76 163 6/15 ADU Changes SurveyMonkey Q7 in what neighborhood do you live? Answered: 160 Skipped: 5 Ryan Hill I Allentown 11 Duwamish Foster Point Riverton Foster I Cascade View ANSWER CHOICES Ryan Hill Allentown Duwamish Foster Point Riverton Foster Cascade View Thorndyke Tukwila Hill McMicken Thorndyke Tukwila Hill McMicken I. don't live in Tukwila Tukwila 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% RESPONSES 1.88% 3 7.50% 12 1.25% 2 5.63% 9 9.38% 15 11.88% 19 9.38% 15 11.25% 18 23.75% 38 13.75% 22 7/15 ADU Changes I don't live in Tukwila TOTAL 4.38% SurveyMonkey 7 160 8/15 ADU Changes SurveyMonkey Own Rent Q8 Do you own or rent your house? Answered: 162 Skipped: 3 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES RESPONSES Own 93.21% 151 Rent 6.79% 11 TOTAL 162 9/15 ADU Changes SurveyMonkey Q9 Would you like to be added to a mailing list about this issue? No Yes - enter your email... Email address Answered: 158 Skipped: 7 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ANSWER CHOICES No Yes - enter your email address below Email address TOTAL 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 EMAIL ADDRESS Email addresses redacted RESPONSES 37.97% 60 1.90% 3 60.13% 95 158 DATE 8/16/2017 3:17 PM 8/16/2017 1:05 PM 8/16/2017 1:03 PM 8/16/2017 1:01 PM 8/16/2017 1:00 PM 8/13/2017 9:55 AM 8/9/2017 9:54 AM 8/8/2017 1:14 PM 8/7/2017 1:02 PM 8/3/2017 5:20 PM 8/2/2017 10:34 AM 8/1/2017 4:12 PM 8/1/2017 4:09 PM 8/1/2017 4:07 PM 8/1/2017 4:06 PM 8/1/2017 4:04 PM 8/1/2017 12:11 PM 8/1/2017 7:46 AM 10/15 ADU Changes Email addresses redacted SurveyMonkey 8/1/2017 7:35 AM 7/31/2017 7:12 PM 7/31/2017 6:21 PM 7/31/2017 4:10 PM 7/30/2017 9:39 PM 7/30/2017 3:17 PM 7/28/2017 3:44 PM 7/26/2017 6:16 PM 7/26/2017 7:52 AM 7/25/2017 6:24 AM 7/24/2017 11:36 PM 7/23/2017 9:41 PM 7/23/2017 4:32 PM 7/23/2017 1:56 PM 7/23/2017 1:08 PM 7/22/2017 9:34 PM 7/22/2017 3:16 PM 7/22/2017 12:13 PM 7/21/2017 12:36 PM 7/20/2017 11:16 PM 7/20/2017 9:16 PM 7/20/2017 7:43 PM 7/20/2017 6:13 PM 7/20/2017 4:41 PM 7/20/2017 8:13 AM 7/19/2017 12:44 PM 7/19/2017 9:57 AM 7/19/2017 9:21 AM 7/19/2017 8:16 AM 7/19/2017 6:20 AM 7/19/2017 4:50 AM 7/18/2017 9:35 PM 7/18/2017 9:13 PM 7/18/2017 7:27 PM 7/18/2017 7:05 PM 7/18/2017 5:48 PM 7/18/2017 5:40 PM 7/18/2017 5:08 PM 7/18/2017 4:48 PM 7/18/2017 4:41 PM 7/18/2017 4:29 PM 11 / 15 ADU Changes Email addresses redacted SurveyMonkey 7/18/2017 12:36 PM 7/18/2017 8:02 AM 7/17/2017 11:06 PM 7/17/2017 10:03 PM 7/17/2017 9:44 PM 7/17/2017 6:14 PM 7/17/2017 4:07 PM 7/17/2017 3:13 PM 7/17/2017 2:56 PM 7/17/2017 2:55 PM 7/17/2017 11:45 AM 7/17/2017 8:49 AM 7/16/2017 8:29 PM 7/16/2017 4:53 PM 7/15/2017 11:23 PM 7/14/2017 8:44 PM 7/14/2017 7:44 PM 7/14/2017 11:25 AM 7/14/2017 10:54 AM 7/14/2017 6:09 AM 7/13/2017 8:38 PM 7/13/2017 3:29 PM 7/13/2017 1:50 PM 7/13/2017 1:17 PM 7/13/2017 12:29 PM 7/13/2017 12:06 PM 7/13/2017 11:42 AM 7/13/2017 11:32 AM 7/13/2017 11:29 AM 7/13/2017 11:25 AM 7/13/2017 11:19 AM 7/13/2017 11:15 AM 7/13/2017 11:12 AM 7/13/2017 11:10 AM 7/13/2017 9:52 AM 7/13/2017 9:11 AM 12 / 15 ADU Changes SurveyMonkey 2 3 4 5 6 7 8 9 Q10 Thank you for taking the time to give us your opinion. Let us know if you have other thoughts on this issue. Answered: 54 Skipped: 111 RESPONSES ADUs are a great tool for improving the inventory of affordable housing in our community (and for providing a little income boost to home owners, as well!) Win -Win! Hardcopy response from 8/9 See You in the Park Hardcopy response from 8/9 See You in the Park Hardcopy response from 8/9 See You in the Park Hardcopy response from 8/9 See You in the Park Hardcopy response from 8/9 See You in the Park Hardcopy response from 8/9 See You in the Park I would like the changes be made in steps --I'm not totally opposed to detached ADU's but I have concerns, given the foreign environment of our citizens as to how they would be kept and what they would look like. We have a boarding house at the end of our street and it was not unusual to have 14-18 cars parked there until we complained. the owner says he lives there but we neighbors seriously doubt it. Having a nonowner occupancy allowance leaves room for the excuse of "not knowing" what is going on and depending on neighbors to police activity. Allowing detached ADU's will certainly increase the appeal for developers and landlords to purchase properties to profit from multiple tenant properties. It is happening now. In many cases the property owners do not live at the residence. The council should not adopt unenforceable regulation. This will certainly change the character of Tukwila. Attached ADU's have already changed Tukwila's character. I believe this will increase Tukwila's problem with irresponsible landlords. 10 Thank you for making the survey. There are already several of these type units, have some good guidelines/boundaries is a great idea. 11 Hardcopy response from 7/26 See You in the Park 12 Hardcopy response from 7/26 See You in the Park 13 Hardcopy response from 7/26 See You in the Park 14 Hardcopy response from 7/26 See You in the Park 15 Hardcopy response from 7/26 See You in the Park 16 Hardcopy response from 7/26 See You in the Park 17 Hardcopy response from 7/26 See You in the Park 18 Hardcopy response from 7/26 See You in the Park 19 Vintage laws do not apply well to modern times. 20 It would be helpful to have more specific information on these issues in order to provide more informed responses. 21 I know if one of my relatives needed to stay with us, it would be great to have an ADU (well built and with curb appeal). I don't see any reason not to allow these in Tukwila, provided they are not eye sores and well maintained. 22 Feel strongly that increased opportunities for ADU on private properties can only increase the options for housing and the prosperity of the region! 23 Keep Tukwila a single family/single home community And NO MORE high-rises, despite the bribes DATE 8/16/2017 3:17 PM 8/16/2017 1:06 PM 8/16/2017 1:05 PM 8/16/2017 1:05 PM 8/16/2017 1:03 PM 8/16/2017 1:01 PM 8/16/2017 1:00 PM 8/7/2017 1:02 PM 8/5/2017 9:06 AM 8/2/2017 10:34 AM 8/1/2017 4:13 PM 8/1/2017 4:12 PM 8/1/2017 4:10 PM 8/1/2017 4:09 PM 8/1/2017 4:07 PM 8/1/2017 4:06 PM 8/1/2017 4:04 PM 8/1/2017 4:01 PM 8/1/2017 7:46 AM 7/26/2017 7:52 AM 7/24/2017 11:36 PM 7/23/2017 9:41 PM 7/23/2017 4:32 PM 13/15 ADU Changes SurveyMonkey 24 Property managers need to be involved if both units are rented, expecially if owner is out of state! 7/23/2017 1:08 PM otherwise you can quickly lose the upkeep that comes from pride in ownership. Square foot of detachable dwelling could be larger if lot size is larger but capped at 800 square feet 25 More and more people moving into Tukwila and low density zoning should be changed to full fill 7/22/2017 9:34 PM the needs of housing. 26 City should also look at results of sticky dot exercise (@ Showalter MS and Tukwila CC) several 7/22/2017 12:13 PM years ago, prior to Comp Plan update. 27 Nobody likes a busybody. We do not need a "nanny state". We can make our own decisions - as 7/21/2017 4:11 PM long as they do not, negatively, affect others. 28 More parking, not less, it seems that the Asus are capable of two or more adults, most will have 7/20/2017 11:16 PM cars, street parking is getting scarce 29 Which Council persons plan to recuse themselves because they own lots 7200SF or are 7/20/2017 6:13 PM considering ADU on their property? 30 Why are the new lot sizes in Georgetown as low as 2500' LDR lots? 7/20/2017 4:41 PM 31 yes fir cottage and tiny homes! 7/20/2017 8:13 AM 32 Thank you for requesting input, and for considering this shift in policy. 7/19/2017 9:21 AM 33 These ADU's will be an increase to the population of Tukwila. I hope that the City ensures we are 7/19/2017 12:45 AM able to provide the necessary services to current citizens and provide for growth. 34 I wouldn't mind allowing a current garage on the property to be converted to an ADU if an 7/18/2017 10:38 PM additional parking space was required and all of the other current ADU requirements weremet. 35 Stop making Tukwila a slum. 7/18/2017 9:13 PM 36 While there are some valid, compelling reasons for ADUs let's not destroy the single family 7/18/2017 5:48 PM neighborhoods that we have....there just aren't that many of them. 37 Constituits get tired of their local governments trying to control every aspect of their personal 7/18/2017 5:40 PM decisions concerning their properties and lifestyles. 38 This is a positive and needed way to address the affordable housing issues we face. 7/18/2017 5:08 PM 39 Please do not sneak anymore halfway, sexoffender, rehab houses into our neighborhood 7/18/2017 4:29 PM 40 Thank you. 7/18/2017 2:07 PM 41 I see these units as a place for seniors or a disabled family member that needs help. They should 7/18/2017 12:36 PM not be built solely as a revenue stream for the home owner 42 Let's try to accommodate more affordable housing, without destroying the appearance , integrity, 7/17/2017 4:07 PM aesthetics and scale of our neighborhoods. If we had wanted ghetto style, appearance and culture, we would have looked elsewhere outside the city of Tukwila. 43 It is great that the city is moving in a positive way to create affordable housing. This will help build 7/17/2017 8:49 AM a stronger and secure neighborhoods. 44 this is one of the solution to resolve the housing crisis in urban area. 7/16/2017 8:29 PM 45 We appreciate your work on options for affordability. I am also eager to hear if and when cottage 7/14/2017 7:44 PM developments (with parking on the periphery of a cluster) will be allowed again on larger lots as historically. 46 To clarify I am a property owner in Tukwila but not a resident 7/14/2017 6:10 PM 47 Trees! City should have an official arborist on staff to promote care and preservation of mature 7/14/2017 10:54 AM trees, and incorporation of existing trees into new project designs. All building permits should require arborist's sign -off. Codes against cutting down mature trees should be enacted and enforced. Public needs to be educated about the value of trees and alternatives to removal. 48 The easiest way to increase affordable housing is with ADU's. 7/13/2017 8:38 PM 49 I own a house across from the Duawamish in Tukwila. I think increasing density is a good idea. 7/13/2017 1:17 PM 50 The ADU should not have to be of like style to the main house. Keeping this requirement will stop 7/13/2017 12:29 PM the building of more efficient and practical housing alternatives. 14 / 15 ADU Changes SurveyMonkey 51 I believe that amending the code to encourage ADU's will help homeowners battle the ever 7/13/2017 12:06 PM increasing housing costs in our area, as well as provide affordable housing for tenants. Additionally, because many ADU's are already in existence, I would encourage the city to offer a program to grandfather in existing ADU's (I have no idea how that would work, but I have heard of other municipalities doing that very thing) 52 We like this idea to help with housing needs! 7/13/2017 11:42 AM 53 What would the rules be for utilities: water sewer and electricity? 7/13/2017 11:10 AM 54 Glad you are working on this. 7/13/2017 9:11 AM 15/15 ADUs -Accessory Dwelling Units Should Tukwila allow backyard cottages or make other changes to its mother-in-law apartment regulations? Let us know what you think by taking this survey: Internal What is an ADU? https://www.surveymonkey.com/r/V6R5JJF Detached Attached The results of the survey will be presented to the City Council in the Fall for possible action. Detached cottage over garage Alley accessed cottage For More Information Please contact the Department of Community Development at 2o6-431-3670 or visit the DCD offices at 6300 Southcenter Boulevard Suite 100, open from 8:3o a.m. to 5:0o p.m. Monday through Friday. Internal Unit inside main house What is an ADU? An Accessory Dwelling Unit (ADU) is a small, self-contained residential unit built on the same lot as an existing single family home. Examples of ADUs include: an apartment over a garage, a basement apartment, and an addition to an existing home. These are sometimes called mother-in-law apartments. What Makes an ADU Different From a Home Addition? An ADU adds an additional dwelling unit — separate living quarters with its own kitchen and bathroom — to an existing property. This differs from a home addition which only adds to the home, such as an additional bedroom or living room, rather than creating a new, separate unit. Does My ADU Meet Code? ADU's are allowed in residential zones if they comply with the standards listed below and meet the Building Code. Tukwila City Council adopted criteria for ADUs to ensure that the new units fit with the neighborhood and do not take away from the character of Tukwila's residential areas. Tukwila's current standards for ADUs are: • Minimum lot size of 7,zoo square feet • The ADU is no more than 33% of the square footage of the primary residence and a maximum of i,000 square feet, whichever is Tess • One of the residences is the primary residence of a person who owns at least 5o% of the property • The unit is incorporated into the primary single-family residence, not a separate unit, so that both units appear to be of the same design as if constructed at the same time • Minimum of three parking spaces on the property with an ADU less than 600 square feet, and a minimum of four parking spaces for an ADU over 600 square feet • The ADU is not sold as a condominium City of Tukwila - Department of Community Development Tukwila is considering allowing backyard cottages and making other changes to its mother-in-law apartment regulations. These are known as accessory dwelling units or ADUs. What do YOU think: The Planning Commission will hold a public hearing to get community input on these possible changes on October 26th at 6:30 PM at City Hall, 6200 Southcenter BI. There will be a drop -in question and answer session from 5:30 to 6:30 that night. You are invited to attend, speak at the hearing or submit your comments/questions to Nora.Gierloff@tukwilawa.gov. Internal Detached Attached The staff report with more detailed information will be available the afternoon of October 20th at http://records.tukwilawa.gov/webIink/l/fol/17011/Rowl.aspx For More Information please contact the Department of Community Development at 206-431-3670 or visit the DCD offices at 6300 Southcenter Boulevard Suite 100, open from 8:30 am to 5:00 pm Monday through Friday. If you would like to receive email updates about this issue please email Nora.Gierloff@tukwilawa.gov. Tukwila is considering allowing backyard cottages* and making other changes to its mother-in-law apartment* regulations. (* also known as accessory dwelling units or ADUs) Among other updates the City Council is considering an amnesty program for existing unregistered ADUs and limiting ADU rentals to 30 days or longer. There will be a public hearing to get community input on possible changes on April 9th at 7:00 PM at City Hall, 6200 Southcenter Blvd. You are invited to attend, speak at the hearing and submit your comments/questions to Nora.Gierloff@tukwilawa.gov. The staff report with more detailed information will be available the afternoon of April 6th at http://records.tukwilawa.gov/WebLink/1/foI/304261/rowl.aspx For More Information please contact the Department of Internal Community Development at 206-431-3670 or visit the DCD offices at 6300 Southcenter Boulevard Suite 100, open from 8:30 am to 5:00 pm Monday through Friday. If you would like to receive email updates about this issue please email Nora.Gierloff@tukwilawa.gov. Detached Attached City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite # 100 Tukwila, Washington 98188 Phone: 206-431-3670 Web site: http://www.TukwilaWA.gov ACCESSARY DWELLING UNIT AMNESTY PROCESS introduction The purpose of the Accessary Dwelling Unit (ADU) Amnesty Program is to encourage property owners to legalize unpermitted ADUs within the City of Tukwila by the July 1, 2019 deadline. It is the Department of Community Development's goal to ensure these dwellings are safe and sanitary for residents. Please note this program is only for ADUs. Contact the Department of Community Development (DCD) if you have a structure other than an unpermitted ADU you wish to legalize. With this amnesty program, the DCD has made three significant exceptions to our procedures to encourage applicants to participate: • Buildings and projects built without permits and inspections are typically required to expose all work covered without passing inspection. In this program, we will start with a finish surface inspection and determine if exposure is needed. There are exceptions to this change, but primarily, that will be the procedure. • In order to further encourage applicants to participate in this amnesty program review and inspection will be under the Residential Remodel process with a fee of $20.00 fee (plus tax and current State Building Code fee), see TMC 16.04.250 G. Residential remodel permits. • Flexibility is allowed from certain Zoning Code standards. STEP 1 Research Research your own property through documents in your possession, old contracts, receipts, and so forth that will determine when the ADU was built whether there are existing plans. Additional information about property research is available on the City's web site at: http://www.tukwilawa.gov/departments/community-development/property-research/ You may also request the permit history of the parcel from the Department of Community Development, at: http://www.tu kwilawa. qov/departments/city-clerks-office/pu bl ic-records-requests/ It is the property owner's responsibility to establish an approximate date of when the ADU was built and to provide a site plan of the property and a floor plan of the ADU. STEP 2 Inspection It is recommended you secure the services of a private contractor or state licensed building designer to inspect your ADU. This enables the property owner to get a better idea of the construction costs required to legalize the work performed without a permit. Ensure your private contractor or state licensed building designer is competent and experienced to prevent disparity between their inspection report and the field inspection performed by the Building Division as part of the permitting process. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 STEP 3 Zoning Approval Download the application for ADU Registration from: http://www.tukwilawa.gov/departments/permit-center/ under Land Use Application Forms Obtain and review the Zoning regulations for ADUs at TMC 18.50.220 and 18.50.230: http://records.tukwilawa.gov/weblink8/1 /fol/16434/Row1.aspx Stop by or call the Planning Division, at 206-431-3670 with any questions before submitting your Registration application. STEP 4 Plan Review Apply for a Residential Remodel building permit and note that it is for ADU registration. The Building Division will review your plans and other information with consideration given toward health and safety provisions. City Building Inspectors will then inspect the property to identify any corrections needed, see checklist below. Once this inspection occurs, it is required that you complete the process to legalize the ADU. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 Inspection Checklist Zoning Standards • At least one parking space is required for the ADU in addition to the parking required for the main house. • Under code ADUs are limited to 1,000 sf for attached units and 800 sf for detached but under amnesty provisions units may be up to 1,200 sf. • Under code the height limit for a detached ADU is 20 feet except for apartments built over a garage which may be up to 25 feet tall but under amnesty provisions it may be up to the 30 foot height limit in the LDR Zone. • Under code detached units must be set back at least as far from the street as the main house. This would not apply to the second front of a through or corner lot, where the unit is incorporated into an existing structure such as a detached garage or where the main house is set back at least 60 feet from the front property line. However existing ADUs that do not meet these location standards may be registered during the amnesty period. • Detached units are only allowed on lots at least 6,500 sf in area. • Under code single family structures must have a roof pitch of at least 5:12, however under amnesty provisions this may be waived. Structural / Use • The structure shall comply with the Code(s). Structural failure and termite damage shall be repaired. • 7'- 0" minimum ceiling height required in all habitable rooms. • Light and ventilation shall meet current code requirements. • At least one window in each bedroom shall comply with current egress requirements. • The accessary unit shall provide separate, independent living quarters for one household. The second unit may be attached to the main house or detached from it. Electrical Reauirements • Electrical shall comply with the Code(s). No extension cords allowed as permanent wiring. • All kitchen, bath, and exterior plug receptacles shall be GFCI-protected. • Fuses or circuit breakers providing electricity to the unit shall be accessible at all times to the occupant of the ADU. • A second electric meter may be added as an option. A separate electrical permit is required. • A battery -operated smoke detector shall be provided in the assumed bedroom and immediately outside of sleeping area (hallway). Carbon monoxide alarms are required on each floor level. Plumbina Reauirements • Kitchen and bathroom plumbing fixtures shall comply with the Code(s). • All fixtures shall be provided by approved trap. • All fixture vents shall extend above the roof. • Potable water shall be deliverable through approved materials recognized by current code requirements. Mechanical Reauirements • Mechanical shall comply with the Code(s). • Heating facilities capable of maintaining a room temperature of 68°F in all rooms, independent of the main house, and controlled within the ADU. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 Note: Portable space heaters shall not be used to meet this requirement. • A second gas meter may be added as an option. Final Inspection After all Department of Community Development requirements are complete, the Planning Division will approve your ADU registration. You will then have a legal secondary dwelling unit. Please note that if you rent your ADU you will need a Rental License from the city. If you have further questions, please contact the Department of Community Development, at 206-431-3670. Note: The above are minimum requirements. However, additional requirements may be required during inspection. The Building Division will assist you if existing code violations exist by listing and explaining these code violations. 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax 206-431-3665 ff Accessory Dwelling Unit Permitting Workflow Application received Intake by permit techs J Routed for Review Fire, Planning, Public Works and Building In addition to regular plan check procedures, Planning creates the owner occupancy affidavit and sends it to the applicant; enters condition + Planning final inspection in Trakit Comment letter sent to the applicant if additional info required y Applicant resubmits Fire assigns an address to detached'ADU's and checks that they have sprinklers Permit issued Accessory Dwelling Unit Permitting Workflow New ADU regulations are in effect as of June 11, 2018 by Ordinance 2581. Here is a handout with the new regulations for potential applicants. One ADU can be permitted as an accessory use (per lot with a single family home) in the LDR, MDR, HDR,—W; 0;`RCC;NCC; VS•and TSazones. 1. INTAKE o File entered in TraklT, fees collected, link to additional sites as needed. o All new ADU's will use the Construction Permit application form (typically used for remodels and additions), and will require separate electrical, mechanical and plumbing application forms. o Under Custom Screens- Permit Info 2; permit tech will enter in the number of new and existing units, number of buildings, and choose "YES" for ADU. o Permit fees for additions or new detached ADU's are calculated based on type of construction (typically VB) and square footage, as with new single-family homes. Proposed ADU's that are remodels of existing space will be charged permit fees based on the value of construction (like a T.I.) 2. ROUTING o Routed to Building, Planning, Fire and PW using building permit procedures 3. PLAN REVIEW o Add Review in TraklT, including due date. Add "Application Routed "in TraklT Chronology. o Add a custom planning condition- "Recordation of the owner -occupancy affidavit is required prior to o Send a comment letter if additional information is required. o Applicant must submit Revision Submittal form when submitting revised materials. Re-route revised materials. Add revision submittal to TraklT Chronology and add additional development review. o Routing— W:\Planning\DEVELOPMENT REVIEW MANUAL\2. Land Use Applications Review Process\3. Routing All ADU's require: • Owner -occupancy affidavit to be recorded prior to final permit signoff. Owner needs to live in one of the dwelling units onsite • One parking space per bedroom in the ADU (tandem spaces are ok) • Rental license if rented; may be rented for periods 30 days or more • Should be designed and located to impact adjacent development- avoid door and window alignment, screen if necessary Attached ADU's Only: • May be a max of 40% of the entire home (Principal and ADU square footages combined, excluding garages), or 1,000 sf- whichever is less. When the primary home is 1500 sf or larger, the max size of an attached ADU is 1,000 sf. Accessory Dwelling Unit Permitting Workflow • If an addition, the ADU must have consistent roof pitch, materials and window type as principal home Detached ADU's Only: • Property must meet the minimum lot size for the zone • Maximum of 800 sf, 20 ft. tall (25 feet if over a garage) • Set back at least as far from the street as the primary home. • Required to have sprinklers; Fire will assign an address during routing CITY OF TUKWILA Community Development Department Public Works Department Permit Center 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 http://www.TukwilaWA.gov Building Permit No. Project No. Date Application Accepted: Date Application Expires: (For office use only) ACCESSORY DWELLING UNIT APPLICATION -, Applications and plans must be complete in order to be accepted for plan review. '\L.,> SP2 L/,4.T; Applications will not be accepted through the snail or by fax. **Please Print** pALI SITE INFORMATION Site Address: Suite Number: Floor: King Co Assessor's Tax No.: �T-erra ame: New Tenant: El ..Yes .. No PROPERTY OWNER Name: Address: City: State: Zip: CONTACT PERSON — person receiving all project communication Name: Address: City: State: Zip: Phone: Email: GENERAL CONTRACTOR INFORMATION Company Name: Address: City: State: Zip: Phone: St Contr Reg No.: Exp Date: Tukwila Business License No.: ARCHITECT OF RECORD Company Name: Address: City: State: Zip: Phone: Email: ENGINEER OF RECORD Company Name: Address: City: State: Zip: Phone: Email: LENDER — WHO IS FUNDING THE PROJECT (required for projects $5,000 or greater per RCW 19.27.095) Name: Address: City: State: Zip: MONTHLY SERVICE BILLING -or- WATER METER REFUNDBILLING Name: Address: City: State: Zip: Phone: https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/ORD 2581 ADU Update Materials/NEW - Accessory Dwelling Unit Permit Application 2018.docx Revised: April 2018 Page 1 of 3 bh BUILDING DIVISION INFORMATION — 206-431-3670 Valuation of Project (contractor's bid price): $ Existing Building Valuation: $ Describe the scope of work (please provide detailed information): lLthGre-be ew-rack•storage?--®: Yes 0 No— —If yes a•separate perinit'and.plan'submittal will be required. Provide All Building Areas in Square Footage Below Existing Interior Remodel Addition to Existing Structure New Type of Construction per IBC Type of Occupancy per IBC 1" Floor 2nd Floor 3`d Floor Floors thru Basement Accessory Structure* Garage ■ Attached • Detached Carport • Attached • Detached Covered Deck Uncovered Deck PLANNING DIVISION INFORMATION — 206-431-3670 Single family building footprint (area of the foundation of all structures, plus any decks over 18 inches and overhangs greater than 18 inches) *For an Accessory dwelling, provide the following: Lot Area (sq ft): Floor area of principal dwelling: Floor area of accessory dwelling: *Provide documentation that shows that the principal owner lives in one of the dwellings as his or her primary residence. Number of Parking Stalls Provided: Standard: Compact: Will there be a change in use? 0 Yes Handicap: ❑ No If "yes", explain: FIRE PROTECTION/HAZARDOUS MATERIALS — 206-575-4407 ❑ Sprinklers ❑ Automatic Fire Alarm 0 None 0 Other (specify) Will there be storage or use of flammable, combustible or hazardous materials in the building? 0 Yes 0 No If "yes', attach list of materials and storage locations on a separate 8-1/2" x 11" paper including quantities and Material Safety Data Sheets. PUBLIC WORKS INFORMATION — 206-433-0179 ❑ .. Permanent Water Meter Size (1) ❑ .. Temporary Water Meter Size (1) ❑ .. Water Only Meter Size ❑ .. Sewer Main Extension Public If WO # (2) " WO # (3) " WO # WO # (2) " WO # (3) " WO # WO # 0 Deduct Water Meter Size Private ❑ 0 .. Water Main Extension Public 0 Private ❑ https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlatming/Code Updates/ORD 2581 ADU Update Materials/NEW - Accessory Dwelling Unit Permit Application 2018.docx Revised: April 2018 Page 2 of 3 bh • PERMIT APPLICATION NOTES — Value of Construction — In all cases, a, value of construction amount should be entered by the applicant. This figure will be reviewed and is subject to possible revision by the Permit Center to comply with current fee schedules. Expiration of Plan Review — Applications for which no permit is issued within 180 days following the date of application shall expire by limitation. The Building Official may grant one or more extensions of time for additional periods not exceeding 90 days each. The extension shall be requested in writing and justifiable cause demonstrated. Section 105.3.2 International Building Code (current edition). I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS APPLICATION AND KNOW THE SAME TO BE TRUE UNDER PENALTY OF PERJURY BY THE LAWS OF THE STATE OF WASHINGTON, AND I AM AUTHORIZED TO APPLY FOR THIS PERMIT. BUILDING OWNER OR AUTHOR] ZED AGENT: Signature: Date: Print Name: Day Telephone: Mailing Address: City State Zip https://tukwilawa.sharepoint.com/sites/departmentofcommunitydevelopment/DCDPlanning/Code Updates/ORD 2581 ADU Update Materials/NEW - Accessory Dwelling Unit Permit Application 2018.docx Revised: April 2018 Page 3 of 3 bh POTENTIAL SECONDARY DWELLING UNIT AMNESTY PROGRAM STANDARDS Evaluation Criteria Potential Standard 1. Permits Was the construction done with a permit (issued either by the City our County)? Establish different criteria for permitted versus unpermitted structures. p 2. Purpose What was the original intent of the structure (e.g., garage, garden shed, pool house, home office, workshop, etc.)? Create different review processes for structures that received building permits (but not for a secondary dwelling unit) and unpermitted structures. 3. Building Code Compliance How does the structure comply with the current Building Code requirements for secondary dwelling units? At a minimum, require compliance with certain code requirements (e.g., Life Safety (electrical, emergency egress, and fire -rated walls), Structural, Sanitation Facilities;, and/or Habitable (ventilation, minimum room dimensions, minimum ceiling heights). 4. Date of Construction Should the program eligibility be based on when construction occurred? Key considerations would be given to building code regulations in effect at the time of construction. 5. Zoning Ordinance Compliance How does the structure comply with the recently modified Zoning Ordinance requirements for secondary dwelling units. Allow structures that do not comply with the current secondary dwelling unit ordinance to proceed through a new process and be reviewed under new development regulations created as part of the amnesty program. (For example, allow one zoning development regulation to be non -compliant, such as setbacks). 6. Enforcement Whatare the triggers for action on non -compliant uses and/or structures? Require a zoning compliance letter for all detached structures in single-family zoned properties prior to the sale of a property. 7. Garage Conversions and Other Illegal Construction What should be done about properties that inquire about the amnesty program but are unable to comply with the current secondary dwelling unit requirements or amnesty program? Allow the structure to remain so long as life safety requirements are met and a deed restriction is placed on the property which requires that the property come into compliance upon sale of property. 8. Incentives/ Tools What are the incentives/tools to encourage legalization of secondary dwelling units? 1. Reduce permitting fees. 2. Relax certain non -life safety requirements (e.g., undergrounding of utilities, sidewalk repair, etc.). 3. Modify the existing development regulations of accessory structure to more clearly distinguish between how accessory structures are used (e.g., limit the number of plumbing fixtures, increase the setbacks for certain types of accessory structures like pool houses, etc.). 4. Expedite review process. 5. Administrative review process. Amnesty Program Outreach • Tukwila Reporter • City front page • Neighborhood Associations • Postcards to SFR, other sites with residences ''4A-J/9'r'" �'V- Lill / '1 /71'' e • Library, businesses, community center community notice boards Inspection process - Some cities have a building inspector do a surface inspection - Others require a private inspector - Identified defects should have a timeframe for corrections Registration/Tracking for City Records via: • Trakit • Recorded owner -occupied covenant • Certificate of occupancy • Rental License Unpermitted Accessory Unit Process One contact for the city to coordinate? Step 1: Application, description, and site plan Step 2: Inspection Step 3: Identified deficiencies given 1 year to correct Step 4: Reduced permit fees for bld/plmb/elect, water and sewer connections? Step 5: Reinspection, Notice on Title Step 6: Certificate of Occupancy, Rental license if applicable Beyond Amnesty • ADU application form • ADU flyer with site plan, parking, window examples • Basic life safety requirements Basic life safety requirement handout 1) Minimum ceiling height 2) Insulation/energy rating for habitable spaces 3) Egress windows in bedrooms 4) GFCI and breakers 5) Water and sewer connections - L,,t- - C 1)4•-et 71v4- Building Permit Review • Addressing procedure- Fire and USPS • Work with water and sewer districts for consistency in regs and charges • Trakit fields: o Notes o Valuation o "Permit Info 2" o Attachments- Owner -occupy notice on title, Site plan 0 X City of San Carlos Building Division 600 Elm St, San Carlos, CA 94070 Phone: 650-802-4261 Fax: 650-595-6761 Secondary Living Unit Amnesty Program Preface The purpose of the Secondary Living Unit Amnesty Program is to encourage property owners to legalize unpermitted secondary rental units within the City of San Carlos. It is the City's goal that this process will contribute to our affordable housing units in the City. It is the Building Division's goal to ensure these dwellings are safe and sanitary for residents. Please note this program is only for secondary living units. Contact the Building Division if you have other than an unpermitted secondary living unit you wish to legalize. With this program, the Building Division has made two significant changes to our procedures to encourage applicants to participate: • Buildings and projects built without permits and inspections are typically required to expose all work covered without inspection. In this program, we will perform a finish surface inspection only. There are exceptions to this change, but primarily, that will be the procedure. • With the exception of Health and Safety Codes, the inspection(s) will be based on the date of conversion to a secondary living unit. For example, if there is convincing evidence the secondary living unit was built in 1972, we will use the codes from that era to determine conformance. If there is no evidence when the secondary living unit was built, the Building Division will apply the current building codes in a reasonable manner. STEP 1 Research your own property through documents in your possession, old contracts, receipts, and so forth that will determine when the secondary living unit was built. If you have no such documents, contact the San Mateo County Assessor's Office, at 650-363-4500. You may research history of permits prior to City of San Carlos records at the Assessor's Office. It is the property owner's responsibility to establish an approximate date of when the secondary living unit was built. The Building Official may provide assistance if it is difficult to determine such a date. STEP 2 Contact the Planning Division, at 650-802-4263, to determine if there is another legal secondary living unit within 400' of your property. Initiate an application for the Secondary Living Unit Amnesty Program after you have gathered all information and are committed toward legalizing your rental unit. There is a Planning review fee due at this time. Obtain and review the entire Secondary Living Unit Amnesty Program ordinance if you have not done so already. Stop by the Building Division to discuss information in this handout and to go over permit history, if available, on your property. STEP 3 It is recommended you secure the services of a private building inspection service company to inspect your secondary living unit. This enables the property owner to get a better feel of construction costs required to legalize the work performed without a permit. Ensure your private inspector is competent and experienced to prevent disparity between your inspection report and the field inspection performed by the Building Division. Please note: You may waive the opportunity to have a private inspector review the integrity of the secondary dwelling unit. A site inspection will then be performed by the Building Division as part of the permitting process. 1 of 3 BLD - Secondary ..iving Unit Amnesty Program Revised 2C14 Version 2) Updated: May 20 2014 If you choose to complete the permitting process, submit an application with the Building Division to legalize your secondary living unit. The application shall include a plot plan of the property and a floor plan of the secondary living unit. The plans will be routed to the Planning Division for confirmation of zoning requirements and processing. Fees Due Contact the Building Official, at 650-802-4262, for information on building permit costs and various City Department fees associated with the Second Living Unit Amnesty Program. Plan Review The Building Division will review plans and other information submitted by the applicant to determine when the secondary living unit was built. The plans will be reviewed with consideration given toward what code was in affect at the time the unit was built. If there is little evidence when construction took place, current code requirements will be applied in a reasonable manner. City Building Inspectors will inspect the property to confirm the findings of the property owner and / or private inspection service. Once this inspection occurs, it is required that you complete the process to legalize the secondary living unit. Inspection Checklist Site • Parking for the secondary living unit shall comply with approved plans. • The gross floor area for a detached unit shall not exceed 640 square feet. • The gross floor area for an attached unit shall not exceed thirty percent (30%) of the total living area of the primary residence, or the minimum area of an efficiency unit as described in Section 17598.1 of the California Health & Safety Code, whichever is greater, with a maximum floor area of 1200 square feet. • The unit shall not be closer than 5-feet to the property line. The Planning Division Manager has the authority to reduce this dimension to 3-feet under extraordinary conditions. Structural / Use • The structure shall comply with the Code(s) in effect at the time the unit was built. The Building Division has the authority to apply current code requirements in a reasonable manner if existing code violations exist. Structural failure and termite damage shall be repaired. • 7' — 0" minimum ceiling height required in all habitable rooms. • Light and ventilation shall meet current code requirements. • At least one window in each bedroom shall comply with current egress requirements. • The second unit shall provide separate, independent living quarters for one household. The second unit may be attached, detached, or located within the living areas of the primary dwelling unit on the lot. Electrical Requirements • Electrical shall comply with the Code(s) in effect at the time the unit was built. The Building Division has the authority to apply current code requirements in a reasonable manner if existing code violations exist. No extension cords allowed as permanent wiring. • All kitchen, bath, and exterior plug receptacles shall be GFCI-protected. • Fuses or circuit breakers providing electricity to the unit shall be accessible at all times to the occupant of the secondary living unit. • A second electric meter may be added as an option. 2 of 3 BLD - Secondary ,.viny Jnit Amnesty Program (Revised 2C 14 Versior 2 Vpaaten• May 20. 2014 • A battery -operated smoke detector shall be provided in the assumed bedroom and immediately outside of sleeping area (hallway). Plumbing Requirements • Plumbing shall comply with the Code(s) in effect at the time the unit was built. The Building Division has the authority to apply current code requirements in a reasonable manner if existing code violations exist. • All fixtures shall be provided by approved trap. • All fixture vents shall extend above the roof. • Potable water shall be deliverable through approved materials recognized by current code requirements. • ABS, cast iron, or copper waste lines required. Copper gas lines are not allowed. Mechanical Requirements • Mechanical shall cornply with the Code(s) in effect at the time the unit was built. The Building Division has the authority to apply current code requirements in a reasonable manner if existing code violations exist. • Heating equipment shall be capable of heating all rooms to minimum 70-degrees measured 3-feet above interior floor level. • The heating equipment shall be independent of the main house. • The heating equipment shall be independently controlled within the secondary living unit. • A second gas meter may be added as an option. Energy Efficiency Requirements • Energy / Title 24 shall comply with the Code(s) in effect at the time the unit was built. The Building Division has the authority to apply current code requirements in a reasonable manner if existing code violations exist. • When reasonably feasible, compliance with current energy requirements is required. For instance, if there is reason to remove interior or exterior wall finish material, minimum R-13 shall be installed in the wall cavity. If a window is required to be made larger, or simply replaced, a dual -pane window shall then be installed. Final Inspection After all Planning and Building Division requirements are complete, the Building Division will sign -off on your permit and issue a Certificate of Occupancy for the secondary living unit. You will then have a legal secondary dwelling unit that will not be a disclosure issue upon sale of your residence. If you have further questions, please contact Christopher Valley, Building Official, at 650-802-4262. Or, you may email the Building Official, at cvalley(a�citvofsancartos.orq. 3 of 3 BLD - Secondary Living Unit Amnesty Program (Revised 2014 Version 2) Updated: May 20 2014 Seattle Department of Construction and Inspections Establishing an Attached Accessory Dwelling Unit Updated March 14, 2016 This Tip explains how to establish an attached acces- sory dwelling unit (also called an ADU or mother-in- law unit). Please see Tip 116B, Establishing a Backyard Cot- tage, for information about backyard cottages. What is an Attached Accessory Dwelling Unit? An attached accessory dwelling unit (ADU) is a room or set of rooms designed and established by permit to be a separate dwelling unit. ADUs can be located in a single-family home in a single-family zone or in a single-family home, rowhouse or townhouse in a lowrise zone. ADUs generally include living, sleeping, kitchen, and bathroom facilities and have a lockable entrance door. For more information, see Tip 606, Illegal Dwelling Units; Seattle DCI Director's Rule 7-83, Determining the Exis- tence of a Dwelling Unit for Purposes of Code Enforce- ment and Director's Rule 10-95, Attached vs. Detached as Applied to Accessory Structures and Uses. What requirements must be met to estab- lish an accessory dwelling unit? In all eligible zones, an ADU may be established only if it meets all of the following: • The property owner must occupy either the home or the ADU as a permanent and main residence. The owner -occupant must have at least a 50 per- cent interest in the property, and must live in the structure for more than six months of each calen- dar year. The owner is allowed to receive rent for the owner -occupied unit. 116A • Owners must sign, notarize, and record with King County an owner -occupancy covenant. The original covenant must be returned to Seattle DCI before we issue a building permit. The total number of residents in both dwelling units cannot exceed eight, unless all residents of both units are related to each other. A lot may have no more than one accessory dwelling unit or backyard cottage. • In rooms that were built as sleeping rooms or that were converted or established by permit as sleeping rooms after Aug. 10, 1972, there must be at least one operable window or exterior door approved for emergency escape or rescue. You must be able to open the window or door from the inside. All emergency escape windows must have an unobstructed opening of at least 5.7 square feet (openings that are at -grade and on the floor are allowed to be 5 square feet). The window's usable opening must be at least 24 inches tall and at least 20 inches wide. The escape window must have a finished sill that is not more than 44 inches above the floor. You can measure the sill height from the top of a constructed step that extends the width of the window, as long as the riser is no more than 8 inches and the tread is no less than 9 inches. • The ADU's entrance must be a locking door sepa- rate from the entry door to the main living unit. • If the ADU is within the existing building (it is not in a proposed addition), then we do not require fire or sound separation between the main house and the accessory dwelling unit. • If the ADU is part of a proposed new building or addition, then your construction must meet all Seattle code requirements that apply to two-family dwellings. These requirements include fire and sound separations between the main living space, the accessory dwelling unit, and any common spaces. We still consider the building to be a single-family residence with an ADU. • If you are converting a space or structure to a resi- dential use, you must fully comply with the Seattle Energy Code. City of Seattle Department of C nstruction and Inspections 700 5th Avenue, Suite 2000 P.O. Box 34019 Seattle, WA 98124-4019 (206) 684-8600 I Printed on totally chlorine -free paper made with 100% post -consumer fiber SDCI Tip #116a—Establishing an Attached Accessory Dwelling Unit (ADU) page 2 • Electrical circuit breakers and temperature con- trols must be located in the dwelling unit that they serve, or be located in common areas accessible to all residents. You are required to have smoke detectors and carbon monoxide alarms. • Except in designated urban villages and urban centers, you are required to have one off-street parking space for the ADU. You may not eliminate an existing required off-street parking space to accommodate an accessory dwelling unit, unless you replace it elsewhere on the lot as allowed by the code. (See exceptions.) In single-family zones, you can establish an ADU only if these additional criteria are met: • An attached ADU in a single-family home may be no larger than 1,000 square feet unless the area of the home where the ADU is located existed as of June 1, 1999, and if the entire accessory unit is located on the same level. • You may only have one entrance on each front or street side of your residence, unless all entrances existed as of Jan. 1, 1993, or unless Seattle DCI determines that topography, screening, or other design solution de-emphasizes the second entrance. In lowrise zones, you can establish an ADU in a row - house or townhouse when: • The ADU is no more than 650 square feet. • The floor area of the accessory dwelling unit is no more than 40 percent of the total floor area on the lot that is used for residential purposes, excluding garages, storage sheds, and other non -habitable spaces. • The entrance to the ADU in a townhouse or row - house is through the primary entry of the main structure or through an entry on a different facade than the primary entry. The entrance to the ADU can be on the same facade as the primary entry provided the door to the ADU less prominent. • Exterior stairs to an ADU must be less than 4 feet tall, unless the stairs serve a unit above a garage. • Parking is not required for an ADU in a lowrise zone. Are there any exceptions to these requirements? Parking —We do not require parking for ADUs if the property is within a designated urban village or urban center or any lowrise zone. We may grant a waiver of the required parking space for the ADU in a single- family zone if the site's topography or the location of the structure makes it unduly burdensome to provide a parking space. For information on how to apply for a parking waiver, see Tip 117, Parking Waivers for Accessory Dwelling Units. Temporary owner absence— The owner of an ADU may submit evidence showing good cause for a waiver of the owner -occupancy requirement. Factors such as job relocation, sabbatical leave, education, or illness will be considered for a waiver of the owner - occupancy requirement for up to three years. What are the process, cost, and submittal requirements for establishing a unit? To begin the process to establish an ADU, you must first complete and submit a preliminary application, in person or by mail, to the Seattle DCI Applicant Ser- vices Center (ASC): Location: 20th floor of Seattle Municipal Tower 700 Fifth Ave. Mailing Address: 700 Fifth Ave., Suite 2000 P.O. Box 34019 Seattle, WA 98124-4019 Phone: (206) 684-8850 The Preliminary Application is available from the Applicant Services Center or online at www.seattle. gov/dpd/toolsresources/. We will confirm the legal description and address of your home and assign you a project number. Before you schedule an intake appointment you must: • Prepare three sets of plans, including a Seattle DCI coversheet, site plan, and floor plans (including the main house and the accessory unit) and energy calculations. • Provide elevations if you are building a new struc- ture or making changes to the building envelope. • Prepare full plan sets, including framing plans, foundation plans, sections, etc., if you are building a new structure or an addition. LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. ij SDCI Tip #116a—Establishing an Attached Accessory Dwelling Unit (ADU) page 3 • Complete the attached application form. • Fill out the attached owner occupancy covenant. Once Seattle DCI has approved the covenant, get it notarized and record it with King County Record- er's Office. Your owner -occupancy covenant will become part of the title records for your property. • Complete any relevant waiver form(s). Your plans must clearly identify where you are doing new work to create the accessory unit. For informa- tion on plan requirements, see Tip 103, Site Plan Requirements, Tip 106, General Standards for Plans and Drawings, Tip 303, Applicant Responsibilities and Plan Requirements for Single Family and Two -Unit Dwelling Units, and Tip 303A, Common Seattle Resi- dential Code Requirements. Once you have your application material completed, bring it to the ASC for screening by a permit leader. If your material is complete, we will schedule an intake appointment. At your intake appointment, you will need to pay a permit intake fee and a plan review fee based on the value of the work to be done. We will review your permit application, plans, and owner -occupancy covenant to make sure they con- form with City of Seattle codes. We will notify you if you need to make corrections and to inform you of our decisions on any waiver requests. Do not assume that your waiver request will be granted. If you need to make corrections, you will need to pick up your plans from Seattle DCI, make necessary changes, and resubmit them for review. Once we approve your plans, we will issue your permit at Seattle DCI's permit issuance desk on the 20th floor of the Seattle Munici- pal Tower. There will be no public comment period and no appeal opportunity to the Hearing Examiner or City Council. You are responsible for complying with all applicable code and rule requirements, whether or not they are described in this Tip. As you build your accessory unit, you must call us at (206) 684-8950 to schedule your required inspections. When your project is complete, call your inspector and request a final inspection. Once we give you the final inspection approval, a tenant may occupy the accessory unit. What other permits are required? You will need a separate electrical permit from us for any electrical work. Generally, electrical circuits must be altered when you establish an ADU. Unless the property owner is performing all electrical work, the electrical contractor must apply for the electrical permit, which can be obtained in the ASC. Contact our electrical technical backup at (206) 684-5383 for information and assistance. If you are doing any plumbing work, you will need a plumbing permit from the Seattle/King County Health Department. For information on plumbing permits, call (206) 263-9566. If you are connecting to an existing side sewer, you might be required to get a side sewer permit. For more information about side sewers, call (206) 684- 5362 or email sidesewerinfo c, seattle.gov. You will need to pay a King County capacity charge if you are making a new connection to King County's sewer system. More information is available at: http://www.ki ngcounty.gov/envu ronment/wastewa- ter/capacitycharge.aspx. What happens when a lot with an accessory dwelling unit is sold? If the new owner intends to maintain the accessory unit, whether or not it is occupied by tenants, the new owner must abide by the owner occupancy require- ments recorded on their property title. If the new owner chooses to no longer rent or use the accessory dwelling unit, the owner will have to get a per- mit to remove the features that make it a separate unit. See Tip 606, Illegal Dwelling Units, for more information. What if a unit is created without a permit? If we receive a complaint about a dwelling unit that was built without permits, we may inspect the unit and send the owner a Notice of Violation. We will require the owner to legalize the unit or remove the features that make it a separate unit. In addition, the owner may be subject to penalties as provided in Section 23.90.018, 23.90.019, and 23.90.020 of the Seattle Land Use Code. Tenants that are displaced when an illegal unit is removed may be entitled to relocation assistance paid by the owner. See SMC 22.206.160C.1.j. LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. SDCI Tip #116a—Establishing an Attached Accessory Dwelling Unit (ADU) page 4 What If I Violate the Owner -Occupancy Requirement? If we determine that the owner has violated owner - occupancy requirements for ADUs, we will require the owner to: 1) reoccupy the structure, 2) remove the ADU, or 3) submit evidence showing good cause for a waiver of the owner -occupancy requirement. How can you (earn more about establishing an accessory dwelling unit? Visit our Applicant Services Center (ASC), located on the 20th floor of Seattle Municipal Tower at 700 Fifth Ave., and sign in to speak with a staff member. Access to Information Links to electronic versions of Seattle DCI Tips, Director's Rules, and the Seattle Municipal Code are available on the "Tools & Resources" page of our website at www.seattle.gov/sdci. Paper copies of these documents, as well as addi- tional regulations mentioned in this Tip, are avail- able from our Public Resource Center, located on the 20th floor of Seattle Municipal Tower at 700 Fifth Ave. in downtown Seattle, (206) 684-8467. LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Customer Information Bulletin CITY OF Renton ACCESSORY DWELLING UNITS Planning Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 I www.rentonwa.gov What is an "Accessory Dwelling Unit"? The Renton Municipal Code defines an accessory dwelling unit as: "An independent subordinate dwelling unit that is located on the same lot, but not within a single family dwelling. This may include units over detached garages." In what zones are Accessory Dwelling Units allowed and how do I establish one? Most residential zones in Renton allow you the opportunity to request that City staff review your proposal for a detached accessory dwelling unit. Commercial, Industrial and Residential Multi -Family (RM) Zones, however, do not allow Accessory Dwelling Units. After verifying that your property is zoned RC, R-1, R-4, R-6, R-8, R-10, or R-14 and would potentially allow the unit, the next step would be to request a free preapplication meeting (see handout, attached). Then, if the results of the preapplication meeting are favorable, your next step would be to formally apply for an Administrative Conditional Use Permit. What is a Conditional Use Permit, how much does it cost to apply, and how long does it take to process? A Conditional Use Permit is a discretionary review process in which the Planning Director may make a decision to approve, conditionally approve, or deny the permit. In general, the Conditional Use Permit process takes approximately 4-6 weeks. The application fee is $1,030.00 and is not refundable should your permit be denied. What Other Requirements are Necessary for Approval of an Accessory Dwelling Unit? • Architectural Character to be Consistent: The Accessory Dwelling Unit must be consistent with the architectural character of the primary structure. • Owner Occupancy Affidavit Required: The property owner shall file an affidavit affirming that the owner will occupy the principal dwelling or the Accessory Dwelling Unit. • Notice on Title Required: Additionally, prior to the issuance of building permits the owner shall record a notice on the property title. The notice shall bear the notarized signature of all property owners listed on the property title and include: the legal description of the property, a copy of the approved plans, and the applicable City restrictions and conditions of approval. 1 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Accessory Dwelling Units.doc Rev: 11/2015 How many Accessory Dwelling Units may be permitted each year? The City may approve no more than fifty (50) total accessory dwelling units per calendar year. Do I need any other permits? Yes, you will also need a combination building permit from the City of Renton Building Section (425-430-7200, then press the number 1) in order to ensure that you meet the requirements of the International Residential Code (IRC) and other safety -related requirements. Plans are required for the building permit and the timing for this permit is generally 2-4 weeks. We recommend that you complete the Conditional Use Permit process prior to applying for the building permit since the Conditional Use Permit must be approved prior to issuance of the building permit. See the instructions for residential building permits for further information. No plans or separate permits are required for the associated plumbing, mechanical and electrical permits. How large can the dwelling unit be? No larger than 75% of the size of the primary residence or 800 sq. ft. whichever is smaller. The square foot calculation shall not include porches, exterior stairs, or garages. Are there any additional size restrictions beside the 800 square -foot maximum size limit? The square footage of the Accessory Dwelling Unit will count toward the maximum impervious surface limitation (see table below) and toward the maximum building coverage (see table below). What are the impervious surface1 limitations? These vary by zone: Maximum Impervious Surface Area RC 15% R-1 25% R-4 50% R-6 55% R-8 65% R-10 70% R-14 80% 1. This refers to the maximum percentage of the lot that can be paved, graveled, or built upon. 2 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Accessory Dwelling Units.doc Rev: 11/2015 What is the Building Coverages Limit? This varies by zone: Maximum Building Coverage Allowed RC 10% R-1 20% R-4 35% R-6 40% R-8 50% R-10 55% R-14 65% 1. This refers to the maximum percentage of the lot that can be covered with building footprints. How tall can the Accessory Dwelling Unit be? The accessory dwelling can be no taller than the primary residence and in no case taller than thirty (30') feet. Where on a lot may II build an Accessory Dwelling Unit? That depends on the zoning of the property (see table to follow required distances/ setbacks from the proposed structure to lot lines): Detached Accessory Structures Minimum Setbacks Front Yard/Side Yard Along Streets RC, R-1, R-4, R-6, R-8, R-10, R-14 and RM Unless explicitly stated otherwise, setbacks applied to the primary structure also apply to accessory structures; where the setback is Tess than 20 ft., any detached carport/garage (or structure that incorporates vehicular parking) shall have a minimum 20 ft. setback. Side Yards for Accessory Dwelling Units RC and R-1 25 ft. R-4, R-6 and R-8 5 ft. R-10 and R-14 4 ft. 3 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Accessory Dwelling Units.doc Rev: 11/2015 Rear Yards for Accessory Dwelling Units RC, R-1, R-4, R-6, R-8, R-10, R-14 and RM Accessory dwelling units that incorporate a garage/carport shall be set back as follows: 1.9 ft. garage doors shall be at least 26 ft. from the back edge of the alley; or 2. 16 ft. garage doors shall be at least 24 ft. from the back edge of the alley. RC Determined through administrative review, to be no less than 10 ft. and no greater than 35 ft. from the back edge of the alley. R-1 and R-4 Determined through administrative review, to be no Tess than 10 ft. and no greater than 25 ft. from the back edge of the alley. R-6 and R-8 Determined through administrative review, to be no less than 5 ft. and no greater than 20 ft. from the back edge of the alley. R-10 and R-14 Determined through administrative review, to be no less than 5 ft. and no greater than 10 ft. from the back edge of the alley. 4 H:\CED\Data\Forms-Templates\Self-Help Handouts\Planning\Accessory Dwelling Units.doc Rev: 11/2015 City of Renton Customer Information Bulletin ACCESSORY DWELLING UNITS City of Renton Development Services Division 1055 South Grady Way -Renton, WA 98057 Phone: 425-430-7200 (then press #4) Fax: 425-430-7231 www.rentonwa.gov What is an "Accessory Dwelling Unit'? The Renton Municipal Code defines an accessory dwelling unit as: "An independent subordinate dwelling unit that is located on the same lot, but not within a single family dwelling. This may include units over detached garages." In what zones are Accessory Dwelling Units allowed and how do I establish one? Most residential zones in Renton allow you the opportunity to request that City staff review your proposal for a detached accessory dwelling unit. Commercial, Industrial and Residential Multi - Family (RM) Zones, however, do not allow Accessory Dwelling Units. After verifying that your property is zoned RC, R-1, R-4, R-8, R-10, or R-14 and would potentially allow the unit, the next step would be to request a free preapplication meeting (see handout, attached). Then, if the results of the preapplication meeting are favorable, your next step would be to formally apply for an Administrative Conditional Use Permit. What is a Conditional Use Permit, how much does it cost to apply, and how long does it take to process? A Conditional Use Permit is a discretionary review process in which the Planning Director may make a decision to approve, conditionally approve, or deny the permit. In general, the Conditional Use Permit process takes approximately 4-6 weeks. The application fee is $2,000.00 and is not refundable should your permit be denied. What Other Requirements are Necessary for Approval of an Accessory Dwelling Unit? • Architectural Character to be Consistent: The Accessory Dwelling Unit must be consistent with the architectural character of the primary structure. • Owner Occupancy Affidavit Required: The property owner shall file an affidavit affirming that the owner will occupy the principal dwelling or the Accessory Dwelling Unit. • Notice on Title Required: Additionally, prior to the issuance of building permits the owner shall record a notice on the property title. The notice shall bear the notarized signature of all property owners listed on the property title and include: the legal description of the property, a copy of the approved plans, and the applicable City restrictions and conditions of approval. C:\Documents and Settings\JSubia.RENTON\Local Settings\Temporary Internet Files\Content.Outlook\L7S929GG\Accessory Dwelling Unit.doc 06/10 How many Accessory Dwelling Units may be permitted each year? The City may approve no more than fifty (50) total accessory dwelling units per calendar year. Do need any other permits? Yes, you will also need a combination building permit from the City of Renton Building Section (425-430-7200, then press the number 4) in order to ensure that you meet the requirements of the International Residential Code (IRC) and other safety -related requirements. Plans are required for the building permit and the timing for this permit is generally 2-4 weeks. We recommend that you complete the Conditional Use Permit process prior to applying for the building permit since the Conditional Use Permit must be approved prior to issuance of the building permit. See the instructions for residential building permits for further information. No plans or separate permits are required for the associated plumbing, mechanical and electrical permits. How large can the dwelling unit be? The maximum permissible size is 800 square feet. Are there any additional size restrictions beside the 800 square -foot maxi mur size limit? The square footage of the Accessory Dwelling Unit will count toward the maximum impervious surface limitation but the Accessory Dwelling Unit will not be counted toward the maximum building coverage of the zone (see below). What are the impervious surface' limitations? These vary by zone: Maximum Impervious Surface Area RC Lots 5 acres or more: 20%. Lots 10,000 sq. ft.: 55%. For each additional 10,000 sq. ft. increase in lot size, the impervious coverage shall be decreased by 1.75% to a minimum of 20% for a 5-acre lot. Lots 10,000 sq. ft. or less: 55%. R-1 30% R-4 55% R-8 75% R-10 Detached units: 75% Attached units: 65% R-14 85% This refers to the maximum percentage of the lot that can be paved, graveled, or built upon. How tall can the Accessary Dwelling Unit be? The maximum permissible height is thirty (30') feet in all residential zones. C:\Documents and Settings\JSubia.RENTON\Local Settings\Temporary Internet Files\Content.Outlook\L7S929GG\Accessory Dwelling Unit.doc 06/10 Where on a lot may I build an Accessory Dwelling Unit? That depends on the zoning of the property (see table to follow for minimum required distances/setbacks from the proposed structure to lot lines): Minimum Front Yard and Minimum Side Yard Along a Street6 RC and R-1 30 ft. R-4 30 ft.12,13 except for small lot clusters10 where R-8 standards shall apply. Unit with Alley Access Garage: The front yard setback of the primary structure may be reduced to 20 ft. if all parking is provided in the rear yard of the lot with access from a public right-of-way or alley. R-8 15 ft. R-10 and R- 14 10' (per administrative interpretation) Side Yards for Accessory Dwelling Units RC 25 ft., except when along a street then 30 ft.' R-1 25 ft., except when along a street then 20 ft.' R-4 15 combined ft.12' 13 is allowed with a minimum of 5 ft. for any side yard, except when along a street then 20 ft.12' 13 For small lot clusters 5 ft. is allowed10 except when along a street then 20 ft. R-8 5 ft. except when along a street then 15 ft.' or when part of an attached garage that accesses from the side yard along a street then 20 ft. R-10 and R- 14 4 ft., except when located on a corner lot then, 8 ft. with an 18 ft. setback from the face of the garage to the back of the curb and/or to any sidewalk or pathway. Rear Yards for Accessory Dwelling Units RC Determined through administrative review, to be no less than 10 ft. and no greater than 35 ft. R-1 and R-4 Determined through administrative review, to be no Tess than 10 ft. and no greater than 25 ft. R-8 Determined through administrative review, to be no less than 5 ft. and no greater than 20 ft. R-10 and R- Determined through administrative review, to be no less than 5 ft. and no greater than 10 ft. C:\Documents and Settings\JSubia.RENTON\Local Settings\Temporary Internet Files\Content.Outlook\L7S929GG\Accessory Dwelling Unit.doc 06/10 14 C:\Documents and Settings\JSubia.RENTON\Local Settings\Temporary Internet Files\Content.Outlook\L7S929GG\Accessory Dwelling Unit.doc 06/10 ACCESSORY DWELLING UNI PROPOSED SCO The EIS will incorporate information and analyses from the Mandatory Housing Affordability (MHA) EIS (2017), the Seattle 2035 Comprehensive Plan EIS (2016), the Growth and Equity Analysis (2016), and other recent City studies and plans. In December 2016, the Seattle Hearing Examiner determined that a thorough review of the proposal's poten- tial environmental impacts through an EIS was necessary. Based on this decision, we have preliminarily identi- fied the following elements of the environment for analysis in the EIS: LAND USE • Compatibility of alternatives with single-family zoning • Potential elimination of existing housing • Potential impacts on vegetation, tree canopy, and environmentally critical areas (ECAs) HOUSING & SOCIOECONOMICS • Feasibility of development scenarios • Housing affordability • Assessment of socioeconomic characteristics, demographic change, and potential displacement AESTHETICS • Potential impacts to visual character • Qualitative review of shadowing, privacy, scale, and compatibility with single-family development TRANSPORTATION • Potential impacts to availability of on -street parking • Assessment of car ownership rates, transit, and circulation patterns PUBLIC SERVICES & UTILITIES • Police, fire and emergency services, public schools, water, sewer, stormwater • Potential impacts on demand for services in each alternative All comments are welcome during the scoping phase, but comments on the following topics are particularly valuable: • Reasonable range of alternatives • Potentially affected resources and extent of analysis for those resources • Measures to avoid, minimize, and mitigate effects of the proposal ACCESSORY DWELLING UNITS EIS PROCESS ACCESSORY DWELLING UNITS ENVIRONMENTAL IMPACT STATEMENT Determination of Significance and Scoping Notice for the ADU EIS was issued on October 2, 2017 We will hold two scoping meetings: October 17, 2017 October 26, 2017 f _ High Point Hale's Ales CT SEPA SCOPING Community Center (in the Palladium) 6920 34th Ave SW 4301 Leary Way NW The scoping comment period will close at 5:00 p.m. on November 1, 2017 DRAFT EIS PUBLIC COMMENT PERIOD PREPARE FINAL EIS ISSUE FINAL EIS CITY ACTION Scoping comments will be reviewed and the Draft EIS will be prepared Tentative issuance Spring 2018 A 30-day comment period will follow the issuance of the Draft EIS and will include a public hearing The Final EIS will address comments received during the comment period Tentative issuance Summer 2018 The City Council wil! vote on proposed legislation to amend the Land Use Code The City of Seattle is proposing to change regulations in the Land Use Code to remove barriers to the creation of accessory dwelling units (ADUs) in single-family zones. The proposal involves allowing two ADUs on one lot, removing the existing off-street parking and owner -occupancy requirements, and changing some develop- ment standards that regulate the size and location of detached ADUs. ADUs have been allowed citywide as part of a single-family house or in the backyard of a single -family -zoned lot since 1994 and 2010, respectively. The City's action would modify the rules that regulate when and where a property owner can create an ADU. The objective of this action is to remove regulatory barriers to ADU pro- duction, increase the number of ADUs constructed in Seattle, and allow flexibility for larger ADUs that could accommodate changing household needs and families with children. These policy changes would affect devel- opment in Seattle's single-family zones. Based on a decision from the City's Hearing Examiner in December 2016, we are preparing an Environmental Impact Statement (EIS) that will analyze two alternatives and identify the impacts of each alternative. We want your feedback on what to consider and analyze as we explore small-scale housing options in Seattle's neighborhoods. What is an ADU? ADUs are small seconary dwelling units inside, attached to, or in the rear yard of a single-family house. An attached ADU (AADU), often called an in-law unit or a granny flat, is contained within or attached to a sin- gle-family house. A detached ADU (DADU), often called a backyard cottage, is a separate structure allowed in the rear yard of certain single -family -zoned lots. DADUs can be new structures or created through conversion of an existing structure, like a garage. What is an EIS? An EIS is a tool to inform decision makers about the positive and negative effects of a proposal. The proposal might be a project, like construction of a new building or road, or a new policy or plan that could affect the envi- ronment. Washington's State Environmental Policy Act (SEPA) requires Environmental Impact Statements so that the public, tribes, and other public agencies can help identify a proposal's environmental impacts, as well as strategies for reducing or avoiding them. Decision -makers can then approve, modify, or deny the proposal as appropriate. What is scoping? At the start of the EIS process, we invite the public to comment on what we should study during a specific scoping period. The scoping period alerts us to areas of concern early in the process. During this period, the public helps us identify topics that need the most thorough review and the range of issues we should study. The Washington State Department of Ecology also has information about SEPA and the EIS process at www.ecy.wa.gov/sea/sepa/e-review.html. qp Seattle ACCESSORY DWELLING UNITS EIS ALTERNATIVES An EIS studies options for achieving an objective called alternatives. Alternatives are a critical part of the EIS process, as they present different ways of achieving the proposal's goals. In the ADU EIS, we propose to study two alternatives that differ in whether the proposed Land Use Code changes are implemented. 1 Number of ADUs allowed on a single-family lot 2 Parking 3 Owner -occupancy 4 Minimum lot size for a DADU 5 Maximum square footage 6 Maximum height 7 Lot coverage limit 8 Rear yard coverage limit 9 Location of entries 10 Roof features 11 Household size 12 MHA requirements 13 Rental Registration & Inspection Ordinance (RRIO) Alternative 1 (No Action) A single-family lot can have one AADU or one DADU, but not both. Alternative 2 A single-family lot can have an AADU and a DADU. One off-street parking space required for an No off-street parking required. AADU or DADU unless the lot is in an urban village. An owner must occupy either the main house or the AADU/DADU 6 months a year. 4,000 square feet AADU 1,000 square feet, including garage and storage areas DADU 800 square feet including garage and storage areas No change from existing height limits, which vary by lot width and range from 15-23 feet. No requirement for an owner to occupy the house, AADU, or DADU. 3,200 square feet AADU 1,000 square feet, excluding garage and storage areas DADU 1,000 square feet, excluding garage and storage areas Height limits are 1-3 feet higher than existing limits, depending on lot width. 35 percent of lot area for lots 5,000 square feet and larger and 15 percent of lot area plus 1,000 square feet for tots under 5,000 square feet. 40 percent of a rear yard can be covered by a DADU and other accessory structures (like a garage). This limit applies in addition to the overall lot coverage limit. DADU entrances cannot face the nearest side or rear lot line unless that lot line abuts an alley or other public right-of-way. No exceptions from the height limit are allowed for roof features on accessory structures. Any number of related people, or up to 8 unrelated people, can live on a single-family lot, including in an AADU or DADU. 60 percent of a rear yard can be covered by a DADU and other accessory structures, if the DADU is only one story. DADU entrances can be on any facade if 10 feet from the lot line if located on the facades facing nearest side or rear lot line (unless abutting right-of-way). Height limit exceptions are allowed for projections like dormers that add interior space, subject to the provisions applicable to single-family houses. Any number of related people, or up to 8 unrelated people, can live on a single-family lot with an AADU or DADU. If the lot has an AADU and DADU, the limit is 12. Mandatory Housing Affordability (MHA) does not apply to creation of ADUs in single- family zones. Property owners renting one or more units, including in single-family zones, must register for inspections to ensure housing is safe and meets basic maintenance requirements. W l'— Z z_ —J J W tn W V a oc 0 LL Z W 0 w Z a 0 V 11 Seattle The City of Seattle is proposing to change regulations in the Land Use Code to remove barriers to the creation of accessory dwelling units (ADU) in single-family zones. The proposal involves allowing two ADUs on one lot, removing the existing off-street parking and owner -occupancy requirements, and changing some development standards that regulate the size and location of detached ADUs. We are preparing an Environmental Impact Statement (EIS) that will analyze two alternatives and identify the impacts of each alternative. We want your feedback on what to consider and analyze as we explore small-scale housing options in Seattle's neighborhoods. Complete this comment form at the October 17 or October 26 public meetings or submit your comments by 5:00 p.m. on November 1, 2017: by email to online at in writing to ADUEIS@seattle.gov seattle.gov/council/ADU-EIS City of Seattle Council Central Staff PO Box 34025 Seattle, WA 98124-4025 Attn: Aly Pennucci Are there additional topics or concerns that you would like to see addressed in this EIS? Do you have other comments or suggestions related to the scope of the EIS? name email SeaTac City Hall 4800 South 188Th Street SeaTac, WA 98188-8605 CITY OF SIEATAC ACCESSORY DWELLING UNIT (ADU) REGISTRATION APPLICATION DATE: Property Address: FILE NO: (Staff fill-in) PARCEL NO: Property Owner: Designated Contact Person: (If different from owner) Owner Phone Number: Contact Phone Number: Owner Email: Contact Email: See SeaTac Municipal Code (SMC) 15.465.100 for a complete list of Accessory Dwelling Unit Standards. Please Answer All Questions: 1) Lot Size: Sq Ft. 2) Size of proposed ADU: Sq Ft. 3) Is this ADU part of a proposed New Single Family Residence? Yes No 4) Is the ADU proposed to be attached or detached to/from the primary residence? Attached Detached Describe the location of the ADU: 5) If the ADU is part of an existing primary structure, is the proposed ADU expanding the building footprint of that primary structure? Yes No 6) If the ADU is detached, is it part of an accessory structure? (Ex: garage or workshop) Yes No 7) How many persons will reside in the ADU? See SMC 15.465.100(H) for Maximum Occupancy Standards 8) Number of off-street parking spaces provided for the ADU? See SMC 15.465.100(J) for Parking Standards I hereby certify that I am the owner of the subject property or I have been authorized by the owner(s) of the subject property to represent this application, and that I have read and examined this application and know the information written to be true and correct. Applicant/ Owner Signature SeaTac City Hall 4800 South 188th Street SeaTac, WA 98188-8605 KING COUNTY DEPARTMENT OF RECORDS AND ELECTIONS AFFIDAVIT OF: Name: Affidavit Of Owner Occupancy And Responsibility For Accessory Dwelling Unit Address: Project #: 1. I/we, , am/are the owners of the property, and make the statements herein of actual knowledge. 2. The address of my property is and I am/we are applying for permits to build an accessory dwelling unit at this address,. 3. I/we intend to make either the principal dwelling or accessory dwelliing unit my/our legal residence with the understanding that the SeaTac Municipal Code requires the owners to actually reside in such dwelling for at least nine (9) months in a twelve (12) month period. 4. I/we understand that the accessory dwelling unit may lose its registered status if I/we: (a) fail to reside in either the accessory or primary residence for at least nine (9) months in a twelve (12) month period; (b) create an unpermitted alteration of the accessory dwelling unit; or (c) fail to maintain required off-street parking. 5. I/we will notify any prospective purchasers of the property that there is a registered accessory dwelling unit on the property arid that their purchase of the property will also make them subject to the limitations of SeaTac's Accessory Dwelling Unit regulations. 6. I/we will notify the City of SeaTac, the King County Department of Records and any other affected jurisdiction if the accessory dwelling unit is removed from this property. 7. I/we agree to have this document recorded with the King County Department of Records at my expense, and supply a copy to the City of SeaTac prior to issuance of any permits associated with the accessory dwelling unit. 8. I/we declare under penalty of perjury that the foregoing is true and correct. SIGNED: DATE: Property Owner SIGNED: DATE: Property Owner (if applicable) STATE OF WASHINGTON) ) ss COUNTY OF KING ) I certify that I know or have satisfactory evidence that & (if applicable) is the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument and acknowledged it to be (his/her/they're) free and voluntary act for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this day of , 20_ NOTARY PUBLIC in and for the State of Washington NOTARY PUBLIC Name Printed My appointment expires: Seattle Department of Construction and Inspections 116B Seattle Permits — part of a multi -departmental City of Seattle series on getting a permit Establishing a Backyard Cottage Updated February 8, 2016 This Tip explains how to establish a backyard cottage, also known as a detached accessory dwelling unit, DADU, or mother-in-law unit. Backyard cottages are not permitted on lots in the shoreline districts within single-family zones. Please see Tip 116A, Establishing an Attached Accessory Dwelling Unit, for rules and information about ADUs. Note: You will need to pay a King County capac- ity charge when you construct a DADU. You will get your capacity charge bill from King County about three months after we report your sewer connection. King County will send you a bill every 3 months for 15 years, or until the balance cf your property's account is paid. You may pay the remaining balance in one lump sum at a discount any time during that 15-year period. For more information, or to contact the King County Wastewater Division directly, go to www. ki ngco u nty.gov/services/envi ron ment/wastewater/ capacity-charge/faq. What is a Backyard Cottage? A backyard cottage is a room or set of rooms designed and established by permit to be a separate dwelling unit. Backyard cottages share a lot with a single-family home in a single-family zone or with a rowhouse or townhouse in a lowrise zone. Backyard cottages generally include living, sleeping, kitchen and bathroom facilities and have a lockable entrance door. For more information, see Tip 606, Illegal Dwelling Units; Seattle DCI Director's Rule 7-83, Determining the Existence of a Dwelling Unit for Purposes of Code Enforcement; and Director's Rule ffij City of Seattle Department of Construction and Inspections 10-95, Attached vs. Detached as Applied to Acces- sory Structures and Uses. What requirements must be met to establish a backyard cottage? In single-family and lowrise zones, you can establish a backyard cottage only if the following criteria are met: • The property owner must occupy either the home or the backyard cottage as a permanent and main residence. The owner -occupant must have at least a 50 percent interest in the property, and must live in the structure for more than six months of each calendar year. The owner is allowed to receive rent for the owner -occupied unit. ▪ Owners must sign, notarize, and record with King County an owner -occupancy covenant. The original covenant must he returned to Seattle DCI before we issue a building permit. • The total number of residents in both dwelling units cannot exceed eight, unless all residents of both units are related to each other. • A lot may have no more than one accessory dwelling unit or backyard cottage.. In addition, in single-family zones, you can establish a backyard cottage only if these additional criteria are met: • The lot is at least 4,000 square feet. • The backyard cottage's gross floor area is no more than 800 square feet, including garage and stor- age areas. • The entrances to the backyard cottage may not face the nearest side lot line or the rear lot line, unless there is an alley abutting on that side of the lot. • The conversion of an existing structure, such as a garage, into a backyard cottage does not increase any existing non -conformities to the Land Use Code. • One off-street parking space is provided for the back- yard cottage, except in designated urban villages and urban centers. You cannot remove an existing, 700 5th Avenue, Suite 2000 P.O. Box 34019 Seattle, WA 98124-4019 (206) 684-8600 Printed on totally chlorine -free paper made 1th 100% post -consumer fiber SDCI Tip #116b—Establishing a Backyard Cottage (Detached Accessory Dwelling Unit) page 2 required off-street parking space to build a backyard cottage, unless you replace the parking space some- where else on the lot, in conformance with the code. (See an exception on the next page.) • In rooms that were built as sleeping rooms or that were converted or established by permit as sleep- ing rooms after Aug. 10, 1972, there must be at least one operable window or exterior door approved for emergency escape or rescue. You must be able to open the window or door from the inside. All emer- gency escape windows must have an unobstructed opening of at least 5.7 square feet (openings that are at -grade and on the floor are allowed to be 5 square feet). The window's usable opening must be at least 24 inches tall and at least 20 inches wide. The escape window must have a finished sill that is not more than 44 inches above the floor. You can measure the sill height from the top of a constructed step that extends the width of the window, as long as the riser is no more than 8 inches and the tread is no less than 9 inches. • The backyard cottage must meet all the Seattle resi- dential, building, mechanical, electrical, and energy code requirements that apply to single-family and two-family (duplex) dwellings. • If converting a structure to a backyard cottage, you must fully comply with the Seattle Energy Code. • Electrical circuit breakers and fuses and a heat source and temperature controls must be located in the dwelling unit that they serve, or be located in common areas accessible to all residents. In lowrise zones, you can establish a backyard cot- tage for rowhouses and townhouses when: • The backyard cottage is no more than 650 square feet. • The floor area of the backyard cottage is no more than 40 percent of the total floor area on the lot that is used for residential purposes, excluding garages, storage sheds, and other non -habitable spaces. • Exterior stairs to a backyard cottage may not be more than 4 feet tall, except if the stairs serve a unit above a garage. • Parking is not required for a backyard cottage in a lowrise zone. Are there any exceptions to these requirements? Parking —We do not require parking for backyard cottages if the property is within a lowrise zone or in a single-family zone in a designated urban village or urban center. We may grant a waiver of the required parking space for the backyard cottage in other areas if the site's topography or the location of the structure makes it unduly burdensome to provide a parking space. For information on how to apply for a parking waiver, see Tip 117, Parking Waivers for Accessory Dwelling Units. Development Standards —Except for height and front yard requirements, the Seattle DCI Director may allow exceptions to development standards for backyard cottages built in existing structures. Temporary owner absence —If we determine that the owner has violated owner -occupancy requirements for backyard cottages, we will require the owner to: 1) reoccupy the building, 2) remove the backyard cot- tage, or 3) submit evidence showing good cause for a waiver of the owner -occupancy requirement. Factors such as job relocation, sabbatical leave, education, or illness will be considered for a waiver of the owner - occupancy requirement for up to three years. What are the process, cost and submittal requirements for establishing a unit? To begin the process to establish a backyard cot- tage, you must first complete and submit a preliminary application, in person or by mail, to our Applicant Services Center (ASC): Location: 20th floor of Seattle Municipal Tower 700 Fifth Ave. Mailing Address: 700 Fifth Ave., Suite 2000 P.O. Box 34019 Seattle, WA 98124-4019 Phone: (206) 684-8850 We will confirm the legal description and address of your home and assign you a project number. Before you schedule an intake appointment you must: • Prepare three sets of plans, including a Seattle DCI coversheet, site plan, and floor plans (including the main house and the backyard cottage) and energy calculations. • Provide elevations if you are building a new struc- ture or making changes to the building envelope. • Prepare full plan sets, including framing plans, foundation plans, sections, etc., if you are building a new structure or an addition. LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. SDCI Tip #116b—Establishing a Backyard Cottage (Detached Accessory Dwelling Unit) page 3 • Complete the attached application form. • Fill out the attached owner occupancy covenant, get it notarized, and record it with King County Recorder's Office. • Complete any relevant waiver form(s). Your plans must clearly identify where you are doing new work to create the backyard cottage. For infor- mation on plan requirements, see Tip 103, Site Plan Requirements, Tip 106, General Standards for Plans and Drawings, Tip 303, Applicant Responsibilities and Plan Requirements for Single Family and Two -Unit Dwelling Units, and Tip 303A, Common Seattle Resi- dential Code Requirements. Once you have your application material completed, bring it to the ASC for screening by a permit leader. If your material is complete, we will schedule you for an intake appointment. At your intake appointment, you must pay your permit intake fee and a plan review fee based on the value of the work to be done. Your owner occupancy covenant will become part of the title records for your property. Bring the original with recording number to Seattle DCI with your permit application. We will review your permit application and plans to make sure they conform with City of Seattle codes. We will notify you if you need to make corrections and to inform you of our decisions on any waiver requests. Do not assume that your waiver request will be grant- ed. If you need to make corrections, you will need to pick up your plans from Seattle DCI, make necessary changes, and resubmit there for review. Once we approve your plans, we will issue your permit at the Seattle DCI permit issuance desk on the 20th floor of the Seattle Municipal Tower. There will be no public comment period and no appeal opportunity to the Hearing Examiner or City Council. You are responsible for complying with all applicable code and rule requirements, whether or not they are described in this Tip. As you build your backyard cottage, you must call us at (206) 684-8950 to schedule your required inspections. When your project is complete, call your inspector and request a final inspection. Once we give you the final inspection approval, a tenant may occupy the accessory unit. What other permits are required? You will need a separate electrical permit from us for any electrical work. Generally, electrical circuits must be altered when you convert an existing, detatched structure into an accessory unit. Unless the property owner is performing all electrical work, the electrical contractor must apply for the electrical permit. Con- tact our electrical technical backup at (206) 684-5383 for information and assistance. If you are doing any plumbing work, you will need a plumbing permit from the Seattle/King County Health Department. For information on plumbing permits, call (206) 263-9566. If you are connecting to an existing side sewer, you might be required to get a side sewer permit. For more information about side sewers, call (206) 684- 5362 or email sidesewerinfo@seattle.gov. What happens when a lot with an accessory dwelling unit is sold? If the new owner intends to maintain the accessory unit, whether or not it is occupied by tenants, the new owner must abide by the owner occupancy requirements recorded on the property title. If the new owner chooses to no longer rent or use the accessory dwelling unit, the owner will have to remove the features that make it a separate unit. See Tip 606, Illegal Dwelling Units, for more information. What if a unit is created without a permit? If we receive a complaint about an illegal accessory dwelling unit, we may inspect the unit and send the owner a Notice of Violation. We will require the owner to legalize the unit or remove the features that make it a separate unit. In addition, the owner may be subject to penalties as provided in Seattle Municipal Code Section 23.90.018, 23.90.019, and 23.90.020. Access to Information Links to electronic versions of Seattle DCI Tips, Director's Rules, and the Seattle Municipal Code are available on the "Tools & Resources" and "Codes & Rules" pages of our website at www.se- attle.gov/sdci. Paper copies of these documents, as well as additional regulations mentioned in this Tip, are available from our Public Resource Center, located on the 20th floor of Seattle Municipal Tower at 700 Fifth Ave. in downtown Seattle, (206) 684-8467. LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. SDCI Tip #116b—Establishing a Backyard Cottage (Detached Accessory Dwelling Unit) page 4 THIS PAGE LEFT BLANK INTENTIONALLY LEGAL DISCLAIMER: This Tip should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and rule requirements, whether or not described in this Tip. City of Seattle Department of Construction and Inspections Application to Establish a Backyard Cottage I am (check one): Applying to create a new accessory dwelling unit. Applying to legalize an existing unauthorized unit. As reflected in King County real estate records, I purchased the lot on which the unauthorized unit is located less than one year ago, and am submitting proof of this purchase. (No penalty) Applying to voluntarily legalize an existing unauthorized unit. I may be subject to civil penal- ties until the permit process is completed. Project Number Address Owner Daytime Phone # Assessor's Parcel Number Submit this form along with required plans and other documents. Parking Waiver Request, if necessary 0 Not located within a Residential Parking Zone (RPZ) 0 Located within a RPZ; parking waiver study included Name(s) of Tenant(s) Phone: Phone: Phone: Owner Occupancy Covenant, completed, notarized, recorded; original to Seattle DCI. Date Unit was Created (to best of your knowledge): Value of Construction Work Needed to Legalize Unit: Copy of the Contractor's Registration/Lien Law Form (completed) Copy of Agent's Authorization Letter from Owner (if agent) Applicant's Name Date received (PLEASE PRINT) Applicant Signature Date signed Relationship of applicant: (circle one) owner, agent, architect, contractor, engineer Receipt # Date of receipt For Seattle DCI Use Only (must be completed for units in single family zones Urban Village / Application Parking # of Parking Unit Square Footage Detached Urban Center Parking Waiver Granted Spaces Provided (BYC) Yes _ No _ Yes _ No _ Yes _ No _ space space Attached (ADU) Application to Establish an Accessouy Dwelling Unit Form: 1 of 2 City of Seattle Department of Construction and Inspections Application to Establish a Backyard Cottage Height of backyard cottage Gross floor area of backyard cottage Lot square footage Total structural square footage Total lot coverage (%) Garage space included with backyard cottage? Yes No For Seattle DCI Use Only (must be completed Urban Village / Application Parking # of Parking Unit Square Footage Detached Urban Center Parking Waiver Granted Spaces Provided (BYC) Yes _ No _ Yes _ No _ Yes _ No _ space space Attached (ADU) INSTRUCTIONS FOR OWNER OCCUPANCY COVENANT The Cover Sheet, Covenant and Exhibit A rnust comply with the "Standard Format- ting Requirements for Recording Documents" document. These requirements can be found at http://www.kingcounty.gov/business/Recorders/OnlineFormsandDocu- mentStandards.aspx. Do not fax this document because the fax header will contaminate the top border. Outlined below are some of the basic requirements. 1. Type or print clearly in black ink and have a clear 1-inch border on all four sides. 2. Complete the Washington State Recorder's Cover Sheet. List your project num- ber as the "Reference Number" and list all owners as the "Grantor(s)." Fill in the abbreviated legal description and the tax parcel number. 3. On the first page of the Covenant for Owner Occupancy, fill in the full legal name of all owners on the first blank line and the complete street address of the property on the second blank line. 4. Each owner must sign the bottom of page 1 in the presence of a Notary Public, and have the Notary complete page 2. If there are more than two owners, make copies of page 2 and have the Notary complete them as needed. 5. Type or clearly print in the box on Exhibit A the full legal description of the property. 6. Prior to recording, bring the covenant to Seattle DCI for review by the planner associated with your project. 7. Bring the reviewed covenant to King County for recording and return a copy of the recorded document with recording number stamp to Seattle DCI to receive your permit. Return Address: City of Seattle Department of Construction and Inspections 700 Fifth Avenue, Suite 2000 P. O. Box 34019 Seattle, WA 98124-4019 WASHINGTON STATE RECORDER'S COVERSHEET (RCW 65.04) Document title(s) (or transaction contained therein all areas applicable to your document must be filled in): 1. COVENANT FOR OWNER OCCUPANCY Reference Number(s) of Documents assigned or released: Project Number: Grantor(s) Last name first, then first name and middle initials) 1. 2. 3. 4. Additional names on page of document. Grantee (s) (Last name first, then first name and middle initials) THE SEATTLE, CITY OF Legal Description (abbreviated: i.e. lot, block, plat or section, township, range.) Additional legal is on page of document. Assessor's Property Tax Parcel /Account Number: n Assessor's Tax Number not yet assigned The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. COVENANT FOR OWNER OCCUPANCY This Covenant for Owner Occupancy ("Covenant') is entered into by the undersigned owner(s) of real property legally described in Exhibit A hereto, in favor of The City of Seattle as required for the issuance to the owner(s) of a permit allowing the construction and/or use of an accessory dwelling unit on the property described in Exhibit A hereto ("the property"). agree(s) as follows: 1) That he/she/they are the owner(s) of the property located in Seattle, Washington at and legally described in Exhibit A, and that there are no other owners; 2) That he/she/they applied for a permit to construct and/or use an accessory dwelling unit on the property pursuant to Seattle Municipal Code (SMC) 23.44.041 and make(s) this covenant as required by SMC 2:3.44.041; 3) That the owner(s) of the property will restrict the use of the principal and accessory dwelling units on the property in compliance with the requirements of SMC 23.44.041; 4) That an owner with at least a 50 percent interest in the property will occupy either the principal dwelling unit or the accessory dwelling unit for six or more months of each calendar year as the owner's principal residence, unless a waiver has been applied for and granted by the City of Seattle Department of Construction and Inspections (Seattle DCI); 5) That if the owner(s) of the property are unable or unwilling to fulfill the requirements of SMC 23.44.041 for owner occupancy, then the owner(s) will remove those features of the accessory dwelling unit that make it a dwelling unit, as determined by Seattle DCI, including but not limited to removing electrical and plumbing fixtures and connections; 6) That this covenant shall run with the land and be binding upon the property owner(s), his/her/their heirs and assigns, and upon any parties subsequently acquiring any right, title or interest in the property; 7) That the undersigned owners and their heirs, successors and assigns will inform all prospective purchasers of the property of the terms of this Covenant; and 8) That this Covenant will be recorded by the owner(s) in the real estate records of the Office of Records and Elections of King County as a deed restriction, prior to issuance of the permit allowing construction and/or use of an accessory dwelling unit on the property. Owner Owner Owner Owner STATE OF WASHINGTON ) COUNTY OF KING ) On this day of , 20_ , before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) who executed this instrument and acknowledged it to be a free and voluntary act and deed for the uses and purposes mentioned in the instrument. IN WITNESS WHEREOF I have hereunder set my hand and official seal the day and year first above written. (signature) (print or type name) NOTORY PUBLIC in and for the state of Washington, Residing at My commission expires EXHIBIT A TO OWNER OCCUPANCY COVENANT COMPLETE LEGAL DESCRIPTION OF PROPERTY SUBJECT TO COVENANT: LEGAL DESCRIPTION: Accessory Dwelling Unit Application Certificate of Occupancy Property Owner Name: Mailing Address: Telephone Number: Property Address: Total Lot Square Footage: Square Footage of Primary Residence: Number of bedrooms Number of bathrooms Square Footage of ADU: Full Kitchen? Number of bedrooms Number of bathrooms ❑ Attached to primary structure ❑ Detached from Primary How many improved off-street parking spaces on the lot? Is ADU a rental unit? ❑ Yes ❑ No ❑ Certificate of Water Availability ❑ Certificate of Sewage Disposal ❑ Deed Restriction provided limiting occupancy of one unit by owner of property. (Note: Deed restriction must be filed with County Recorder and proof of recording provided to City of Tukwila prior to approval) Signature of Owner: Date: For Official Use only Approved Occupancy limit of ADU Occupancy limit of Primary Denied Fees Zoning Administrator Date Accessory Dwelling Units (ADUs) An accessory dwelling unit (ADU) is a second;subordinate living unit created within single family home (an attached ADU) or as a detached unit on the same lot as the single-family P-107 provisions for cooking, living, sanitation, and sleeping. Where is an ADU allowed? • Attached ADUs are allowed in all areas of the City (excluding the M-2 and PMI districts) as a subordinate use to an existing or new single-family home • Detached ADUs are also allowed, except in the following residential zoning districts: o R-1 — One Family Dwelling District o R-2 — One Family Dwelling District o R-2SRD — Residential Special Review District o HMR-SRD — Historic Mixed Residential Special Review District • One ADU is allowed per home, per residential lot and the site must meet minimum lot area • The property owner must live on the property, either in the main home or the ADU ADU Zoning Standards • Size: ADUs (attached or detached) are limited in size. o No smaller than 300 square feet and no larger than 1,000 square feet o No more than 40% of the combined square footage of the main home and ADU o No more than 10% of the square footage of the lot (applies to detached ADUs) • Setbacks: Attached ADUs are considered part of the main home and are subject to the same setback requirements as the home. Detached ADUs may require a 5-foot side and rear yard setback (except along alleys) • Parking: One off-street parking stall is required and should be located in the rear (this is in addition to the parking required for the main home) • Composition: The unit must include facilities for cooking, living, sanitation, and sleeping • Design: ADUs are required to be designed to match the architectural design, style, appearance, and character of the main home and maintain the appearance of a single- family residence o Utilize complimentary colors and finish materials, window styles, and roof design o A pedestrian way is required between the ADU and the nearest public sidewalk (whether attached or detached) o Any other applicable design standards (i.e., entrance doors, consistent facade and siding) a20' cxst10$ i Garages X cr L 7 Farko+1 Mall For APO tI SC,ALE ' • 2a Exosii” r�OV�d Example of an Attached ADU Entrance to Attached ADU Located in Rear with Pedestrian Way P-107, 8/2011 To request this information in an alternative format or to request a reasonable accommodation to attend a meeting, please call (253) 591-5171 (voice) or TTY#711 ADU Zoning Standards (continued) • Height: Attached ADUs are subject to the same height limitations as the home. Detached ADUs within residential districts are limited to 18 feet for structures with a roof pitch of at least 3:12 and 15 feet for flatter roofs. The height is limited to 15 feet in View Sensitive Overlay Districts, regardless of roof pitch. • Occupancy: The maximum number of people that can live in an ADU is four. ADUs are further restricted by the City's minimum housing code requirements to prevent overcrowding. • Garage Conversion: If located in an appropriate zoning district, an existing detached garage may be converted into an ADU if the garage meets, or will be upgraded to meet, all of the applicable Building Code, Energy Code and detached ADU standards. Example of a Detached ADU Submittal Requirements • ADU fee • Completed Land Use Permit Application Form • A notarized Affidavit of Residency by ALL property owners which certifies that the property owner is the title holder and that he/she will occupy either the main home or the ADU and will continue to reside in either building • Site plans, floor plans and building elevations to scale o It is helpful to provide a layout of the existing floor plan as well as the proposed floor plan • Other applicable plans necessary to obtain permits associated with the conversion, including but not limited to: building, plumbing, mechanical, & electrical o Please note that the conversion/construction of an ADU may trigger additional building code improvements including, but not limited to the installation of a firewall or an additional egress window. Review Process • Land Use application and associated building permit application (or minimum housing inspection application if no building permit is necessary) is submitted and reviewed by Building and Land Use Services for compliance with applicable code standards • The applicant records a notice on title of the ADU and provides Land Use staff with a copy of the recorded notice on title • Land Use staff issues a Letter of Approval for the ADU • City staff conducts a final building inspection and confirms that the work associated with the building permit or minimum housing inspection is in compliance Applicable Regulations • Tacoma Municipal Code Title 13 Zoning Sections 13.06.150 Accessory Dwelling Units and 13.06.602 General Restrictions • Tacoma Municipal Code Title 2 Building For more information, contact: City of Tacoma Building and Land Use Services Division http://www.cityoftacoma.org, (253) 591-5030 P-107, 8/2011 This document should not be used as a substitute for codes and regulations. The applicant is responsible for compliance with all code and policy requirements, regardless of whether they are referred to or contained within this document. ADU's - Rental Issues Issue: Rental properties which contain two living units are being rented as two units — defacto "duplex" use — in LDR zone. Background: Tukwila's ADU regulations were adopted in 1995 are codified in the zoning code as accessory uses in LDR zone. The code requires: • Minimum 7200 s.f. lot size; • ADU s.f. can be no more than 33% of the main unit to a maximum of 1,000 s.f.; • Owner must live in one of the units; • Unit cannot be in a detached structure; • Unit must appear to be of the same design as the main house; • Specifies minimum number of off-street parking spaces based on the size of the ADU; • Units may not be sold as condominiums. Duplexes are not a permitted use in the LDR zone,. During the annexations in the late 1980s and early 1990s Tukwila inherited uses that had existed (legally or illegally) under King County. It is likely that many of these conversions occurred without any permits or other documentation. The assessor's office captures some of these, others go unnoticed for years. With the rental licensing and inspection program, some of these are registered as rental units. I am finding that in some cases both units are rentals, which technically violates our requirements that the owner live onsite. Discussion: Homeowners are generally unaware of the ADU requirements and restrictions, particularly in the annexation areas where these units may be been developed (legally or illegally) under County rules and apparent violations were rarely enforced. In the past we have unofficially decided that if the Assessor's office recognizes the property as containing two units, we accept it as "legal" whether or not it conforms to our requirements as to size, appearance, on -;site owner, etc. There are multiple locations with two (detached) houses on one lot, or obvious conversions of single family houses to two-family structures that do not necessarily conform to the current regulations for ADUs, but are nonetheless safe to occupy. During inspections of rental units, if these units meet our inspection criteria, we have approved the rental as a "duplex" if the owner does not actually live onsite. This is technically approving a violation of the zoning code, which may cause problems in the future. We would have great difficulty, I believe, in trying to require one of the tenants to move if the only violation was lack of owner living onsite, however. Do we run a risk by approving the rental units which are in violation of the zoning code? Options 1. Establish a database of all known ADUs in the city, whether or not they are rentals. This would be challenging to say the least. a. As new construction ADUs are identified and approved, a notice to the address/parcel can be made acknowledging the City's recognition that this is an approved ADU. This has not consistently been done in the past. b. Encourage or require registration for owners to declare existing ADUs (offer an amnesty period), whether they meet all our requirements or not. A cursory inspection could be conducted to ensure that the units provide adequate emergency egress (particularly from basement levels) and meet other basic life -safety requirements. Official city recognition of the unit as an ADU could then be provided to the owner and recorded against the property to notify future owners and lenders that this is "approved" as a legal ADU. 2. Review existing ADU requirements to determine if changes need to be made. a. Allow detached ADUs with size, setback, and minimum lot size restrictions. b. Discontinue the requirement that the owner live in one of the units. This requirement is nearly impossible to enforce. 3. Consider changing LDR zone permitted uses to include duplex with parking, setbacks, and lot sizes requirements. a. Allowing duplex in the LDR (with minimum lot size, parking, etc) would have the same effect as allowing ADUs — two families living on one property. As long as parking requirements (two off-street parking spaces for each unit?), setbacks and lot coverage requirements are met the actual impact to the neighborhood seems like a wash to me. b. May be a difficult sell to some citizens, council members or neighborhoods. Each of these options would require a code change and council approval. r PUBLIC WORKS BULLETIN A3 PAVEMENT MITIGATION AND TRANSPORTATION IMPACT FEES CITY OF TUKWILA Public Works Department 206-433-0179 This Bulletin summarizes pavement mitigation fees and transportation impact fees applicable to private development projects within the city. PAVEMENT MITIGATION FEE The City does not allow pavement cuts in pavement that is three years old or newer (TMC 11.04 Recently Improved Street), except by written approval from the Public Works Director. Public Works charges a pavement mitigation fee whenever pavement in the right-of-way is disturbed. The pavement mitigation fee compensates the City for reduced life span due to disturbance of roadway surfaces. The fee is based on the total square footage of impacted pavement and on the remaining life of the existing pavement. The mitigation fee, based on cut limits shown on the permit plan set, is paid when the permit is issued. To estimate the cut area, add two feet to all sides of the expected cut limits before calculating the area. This fee may be adjusted, based on the Inspector's measurement of the actual cut limits. Use the following table to estimate the pavement mitigation fee. Approx. Remaining Years Pavement Mitigation Fee 0-1 $0.00 1-2 (10%) $1.00 2-5 (25%) $2.50 5-7 (33%) $3.30 7-10 (50%) $5.00 10-15 (75%) $7.50 15-20 (100%) $10.00 TRANSPORTATION IMPACT FEE Consistent with the Comprehensive Plan, the Six -year Transportation Plan and the Capital Improvement Plan, the transportation impact fee helps ensure that new development bears its proportionate fair share of transportation facilities necessitated by the new development. The fee applies to any construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structure that requires a building permit and generates any new PM peak hour trips . The transportation impact fee is charged to each development according to an impact fee schedule based on defined zones. The fees are assessed as part of the building permit and are due and payable when the permit is issued. (TMC 9.48 and Ordinance 2111) This Bulletin should not be used as a substitute for codes and regulations. Your project will be reviewed for specific compliance to codes and regulations. Approved 12.31.2005 1 Attachment A Traffic Impact Fee Schedule 2007 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses I $1,736.801 $1,357.771 $1,061.201 $819.38 Residential Single Family, dwelling $1,659.35 $1,297.22 $1,013.88 $782.84 ' MultiFamily dwelling $712.09 $556.69,, $435.09 $335.95 Retirement Community dwelling $722.89 $565.13 $441.69 $341.04 Nursing Home/Convalescent Center bed $289.15 $226.05 $176.68 $136.42 Assisted Living dwelling $289.15 $226.05 $176.68 $136.42 Commercial - Services Drive-in Bank sq ft/GFA $23.14 $18.09 $14.14 $10.92 Walk-in Bank sq ft/GFA $18.67 $14.60 $11.41 $8.81 Day Care Center sq ft/GFA $9.28 $7.25 $5.67 $4.38 Library sq ft/GFA $4.24 $3.32 $2.59 $2.00 Post Office sq ft/GFA $6.46 $5.05 $3.95 $3.05 Hotel/Motel room $1,107.80 $866.04 $676.87 $522.63 Service Station VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17 Service Station/Minimart VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17 Service Station/Minimart/Car Wash VFP $3,203.13 $2,504.10 $1,957.14 $1,511.17 Carwash (Self -Serve) Stall $2,826.58 $2,209.72 $1,727.06 $1,333.51 Movie Theater screen $64.24 $50.22 $39.25 $30.31 Health Club sq ft/GFA $4.42 $3.46 $2.70 $2.09 Racquet Club sq ft/GFA $1.99 $1.56 $1.22 $0.94 Marina Berth $247.38 $193.39 $151.15 $116.71 Commercial - Institutional Elementary School/Jr. High School student $195.27 $152.66 $119.31 $92.13 High School student $131.43 $102.75 $80.31 $62.01 University/College student $267.56 $209.17 $163.48 $126.23 Church sq ft/GFA $1.15 $0.90 $0.70 $0.54 Hospital sq ft/GFA $2.22 $1.73 $1.35 $1.05 Commercial - Restaurant Restaurant sq ft/GFA $9.56 $7.48 $5.84 $4.51 Fast Food Restaurant w/o drive thru sq ft/GFA $12.27 $9.60 $7.50 $5.79 Fast Food Restaurant w drive/thru sq ft/GFA $16.26 $12.71 $9.94 $7.67 Industrial Light Industry/High Technology sq ft/GFA $2.06 $1.61 $1.26 $0.97 'Industrial Park sq ft/GFA $2.06 $1.61 $1.26 $0.97 Warehousing/Storage sq ft/GFA $1.15 $0.90 $0.70 $0.54 Mini Warehouse sq ft/GFA $0.50 $0.39 $0.31 $0.24 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) 2 Attachment A Traffic Impact Fee Schedule 2007 Land Uses Unit of Measure Zone 1 Zone 2 Zone 3 Zone 4 Cost per Trip All Other Uses $1,736.80 $1,357.771 $1,061.20 $819.38 Commercial - Retail Shopping Center up to 9,999 sq ft sq ft/GLA $4.18 $3.27 $2.55 $1.97 10,000 sq ft-49,999 sq ft sq ft/GLA $3.51 $2.75 $2.15 $1.66 50,000 sq ft-99,999 sq ft sq ft/GLA $3.03 $2.37 $1.85 $1.43 100,000 sq ft-199,999 sq ft sq ft/GLA $2.61 $2.04 $1.59 $1.23 200,000 sq, ft-299,999 sq ft sq ft/GLA $2.38 $1.86 $1.45 $1.12 300,000 sq ft-399,999 sq ft sq ft/GLA $2.82 $2.21 $1.72 $1.33 over 400,000 sq ft sq ft/GLA $3.17 $2.48 $1.94 $1.49 Miscellaneous Retail Sales sq ft/GFA $3.17 $2.48 $1.94 $1.49 Supermarket sq ft/GFA $7.73 $6.04 $4.72 $3.64 Convenience Market sq ft/GFA $14.39 $11.25 $8.79 $6.79 Nursery/Garden Center sq ft/GFA $2.62 $2.05 $1.60 $1.24 Furniture Store sq ft/GFA $0.22 $0.17 $0.13 $0.10 Car Sales - New/Used sq ft/GFA $4.56 $3.57 $2.79 $2.15 Auto Care Center sq ft/GLA $2.62 $2.05 $1.60 $1.24 Quick Lubrication Vehicle Shop Service Bay $2,899.10 $2,266.42 $1,771.37 $1,367.73 Auto Parts Sales sq ft/GFA $3.34 $2.61 $2.04 $1.58 Pharmacy (with Drive Through) sq ft/GFA $3.44 $2.69 $2.10 $1.62 Pharmacy (no Drive Through) sq ft/GFA $3.36 $2.63 $2.05 $1.58 Free Standing Discount Store sq ft/GFA $3.13 $2.44 $1.91 $1.47 Hardware/Paint Store sq ft/GFA $2.66 $2.08 $1.62 $1.25 Discount Club sq ft/GFA $3.13 $2.44 $1.91 $1.47 Video Rental sq ft/GFA $4.88 $3.82 $2.98 $2.30 Home Improvement Superstore sq ft/GFA $1.33 $1.04 $0.81 $0.63 Tire Store Service Bay $1,938.32 $1,515.31 $1,184.33 $914.45 Electronics Superstore sq ft/GFA $3.11 $2.43 $1.90 $1.46 Commercial - Office Administrative Office up to 9,999 sq ft sq ft/GFA $8.10 $6.33 $4.95 $3.82 10,000 sq ft-49,999 sq ft sq ft/GFA $8.10 $6.33 $4.95 $3.82 50,000 sq ft-99,999 sq ft sq ft/GFA $4.70 $3.67 $2.87 $2.22 100,000 sq ft-199,999 sq ft sq ft/GFA $3.56 $2.78 $2.17 $1.68 200,000 sq ft-299,999 sq ft sq ft/GFA $3.10 $2.43 $1.90 $1.46 over 300,000 sq ft sq ft/GFA $2.91 $2.27 $1.78 $1.37 Medical Office/Clinic sq ft/GFA $6.29 $4.91 $3.84 $2.97 GLA= Gross Leasible Area GFA= Gross Floor Area VFP= Vehicle Fueling Positions (Maximum number of vehicles that can be fueled simultaneously) 3 ADUs —Accessory Dwelling Units What is an ADU? An Accessory Dwelling Unit (ADU) is a small, self-contained residential unit with its own kitchen and bathroom built on the same lot as an existing single family home. Examples of ADUs include: an apartment over a garage, a basement apartment, and an addition to an existing home. These are sometimes called mother-in-law apartments. Can I add an ADU to my house? ADU's are allowed in residential zones if they comply with the standards listed below and meet the • Building Code. Tukwila City Council adopted criteria for ADUs to ensure that the new units fit with the neighborhood and do not take away from the character of Tukwila's residential areas. Tukwila's current standards for ADUs are: 1. Detached ADUs are allowed under the following conditions: • Not allowed if there is an attached ADU on site (only 1 ADU per parcel) • Minimum lot size of 6,500 square feet • Unit may be up to 800 square feet • Detached units must be set back at least as far from the street as the main house. This would not apply to the second front of a through or corner lot, where the unit is incorporated into an existing structure such as a detached garage or where the main house is set back at least 60 feet from the front property line. • Height limit is 20 feet except for apartments built over a garage which may be up to 25 feet tall. Building height is calculated from the mid -point of any elevation change across the footprint of the house to the mid -point of the pitched roof. 2. Attached ADUs may occupy 40% of the square footage of the house up to a maximum of 1,000 SF, whichever is less. An attached garage would not count toward the overall square footage of a house when calculating the allowed size of an attached ADU. For example, in a house with 2,000 square feet of living area and a 400 square foot garage only the living area would be used to calculate that an ADU could occupy 800 square feet (40%) of the total house. 3. There is no minimum lot size for attached ADUs. 4. Owner occupancy is required for one unit on site, either the house or ADU. 5. The parking requirement is 1 off-street space per bedroom. 6. ADUs should be designed and located to minimize the impact on adjacent development by avoiding window and door placement across from openings on neighboring structures and use of fences and landscaping for screening. 7. ADUs may not be rented for less 30 days and must meet the Residential Rental Business License requirements if the occupant is charged rent. What if I have an existing unpermitted ADU on my property? The Council created a one-year amnesty period, through June 2019, for registration of unpermitted ADUs. During that time owners can come forward to register their ADUs under more flexible zoning rules, provided that they are able to meet life safety standards in the Building and Fire Codes. Flexibility is available for: • Exceeding the permitted height for a detached ADU • Exceeding the permitted area for an attached or detached ADU, up to 1,200 square feet • Not providing a second parking space for a two -bedroom ADU • Roof pitch of less than 5:12 • Location of the ADU on the lot. Owner occupancy, providing at least 1 parking space per ADU, and meeting the minimum lot size for a detached ADU would not be waived. More Information Please contact the Department of Community Development at 206-431-3670 or visit the DCD offices at 6300 Southcenter Boulevard, Suite 100, open from 8:30 a.m. to 5:00 p.m. Monday through Friday. SEPA Checklist CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Ste 100 Tukwila, WA 98188 Telephone: (206) 431-3670 SEPA Checklist SEPA ENVIRONMENTAL REVIEW APPLICATION FOR STAFF USE ONLY Permits Plus TYPE: P-SEPA Planner: Nora Gierloff File Number: E17-0016 Application Complete Date: { ;;;, I i 4 ---1 Project File Number: PL17-0059 Application Incomplete Date: Other File Numbers: L17-0067 NAME OF PROJECT/DEVELOPMENT: UPDATE OF ADU REGULATIONS BRIEF DESCRIPTION OF SCOPE OF WORK: REVISE THE ACCESSORY DWELLING UNIT REGULATIONS THAT APPLY TO RESIDENTIAL ZONES CITY-WIDE. LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. City-wide residential zones LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). N/A DEVELOPMENT COORDINATOR/ PROJECT CONTACT: The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. PLEASE PRINT CLEARLY Name: City of Tukwila Dept. of Community Development. ATTN: Nora Gierloff Address: 6300 Southcenter Blvd., Suite 100 CITY, ST, ZIP Tukwila, WA 98188 Phone: 206-433-7141 E-mail: Nora.Gierloffa,Tukwilawa.gov s 1 Signature: Date: Li_ SEPA Checklist' STATE ENNARONMENTAL POLICY ACT CHECKLI !T Please respond to all questions. Use separate sheets as necessary. Department of Ecology provides a guidance on filling the SEPA checklist at DOE Environmental Checklist Guidance A. BACKGROUND 1. Name of proposed project, if applicable: ADU Regulation Update 2. Name of Applicant: City of Tukwila, Department of Community Development 3. Date checklist prepared: November 29, 2017 4. Agency requesting checklist: City of Tukwila 5. Proposed timing or schedule (including phasing, if applicable): Review by Planning Commission, October 2017 and January 2018; Review and adoption by City Council, February/March 2018. 6. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. Somewhat related to this issue is an update of Tukwila's residential definitions including updates to bed and breakfast and short term rental regulations. These revisions are planned for 2018. 7. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. No environmental information has been prepared for this project — the regulations would provide more flexibility for construction of ADUs on residential parcels and allow an amnesty for existing illegal ADUs. 8. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. None 9. List any government approvals or permits that will be needed for your proposal. Tukwila City Council approval of an ordinance amending the Zoning Code SEPA Checklist 10. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. The changes to Tukwila's Accessory Dwelling Unit (ADU) policies include: A. Allow detached ADUs under the following conditions: • Not allowed if there is an attached ADU on site (only 1 ADU per parcel) • Unit may be up to 1,000 square feet (must still meet the existing standards for total building footprints of 2,275 sf and maximum impervious area of 4,875 sf for a 6,500 sf lot) • Detached units must be set back at least as far from the street as the main house. This would not apply to the second front of a through or corner lot, or where the unit is incorporated into an existing structure such as a detached garage. • Limit height to 20 feet except for apartments built over a garage which may be up to 25 feet tall. Building height is calculated from the mid -point of any elevation change across the footprint of the house to the mid -point of the pitched roof. B. Increase the percentage of the house that can be occupied by an attached ADU from 33% to 40% up to a maximum of 1,000 SF, whichever is less. C. Reduce the lot area requirement from 7,200 square feet to 6,500 square feet for both attached and detached ADUs. D. Retain the owner occupancy requirement for 1 unit on site, either the house or ADU. E. Retain the requirement that ADUs up to 600 SF are required to have 1 off-street parking space while units over 600 SF are required to have 2 additional spaces. However, allow a waiver of the second space for ADUs over 600 SF if the ADU is located on a block with on -street parking. F. Provide a 1 year amnesty period for registration of illegal ADUs and allow owners to request flexibility from the Director for the following standards: • Exceeding the permitted height for a detached ADU • Exceeding the permitted area for an attached or detached ADU • Not providing a second parking space for an ADU over 600 sf in area, if required • Roof pitch of less than 5:12 • Location of the ADU on the lot. • Owner occupancy, providing at least 1 parking space per ADU, and meeting the 6,500 SF minimum lot size would not be waived. 11. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, the tax lot number, and section, township, and range. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. City-wide 12. Does the proposal lie within an area designated on the City's Comprehensive Land Use Policy Plan Map as environmentally sensitive? SEPA Checklist' The ADU changes would affect properties with sensitive areas but the sensitive areas would continue to be regulated under existing codes. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other: N/A - This is a non -project action. Possible sites to be developed or redeveloped are located throughout the City with varying topography and soils. b. What is the steepest slope on the site (approximate percent slope)? N/A — Non -Project Action c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland and whether the proposal results in removing any of these soils. Varies d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N/A — Non -Project Action e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill. N/A — Non -Project Action f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe. N/A — Non -Project Action g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? Non -Project Action, however the current Zoning Code limitations on total SEPA Checklist building footprint and development area coverage would remain. In some cases these regulations will limit the size of detached ADUs. See sample site plans. h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A — Non -Project Action, existing regulations would apply to development 2. Air a. What types of emissions to the air would result from the proposal (for example, dust, automobile odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known. N/A — Non -Project Action b. Are there any off -site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A — Non -Project Action c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A — Non -Project Action, existing regulations would apply to development 3. Water a. Surface: 1. Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into. N/A — Non -Project Action 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. N/A — Non -Project Action 3. Estimate the amount of fill and dredge material that would be placed in or SEPA Checklist. removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A — Non -Project Action 4. Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities, if known. N/A — Non -Project Action 5. Does the proposal lie within a 100-year floodplain? If so, note location on the site plan. N/A — Non -Project Action 6. Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A — Non -Project Action b. Ground: 1. Will groundwater be withdrawn from a well for drinking water or other purposes? If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well? Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. N/A — Non -Project Action 2. Describe waste materials that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals...; agricultural; etc). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve: N/A — Non -Project Action It is unlikely that houses on septic systems would be able to add ADUs due to existing regulations. c. Water Runoff (including storm water): 1. Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow? Will this water flow into other waters? If so, describe. SEPA Checklist N/A — Non -Project Action 2. Could waste materials enter ground or surface waters? If so, generally describe. N/A — Non -Project Action Existing erosion control measures would remain in place. 3. Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site? If so, describe. N/A — Non -Project Action d. Proposed measures to reduce or control surface, ground, and runoff water, and drainage pattern impacts if any: N/A — Non -Project Action 4. Plants: N/A — Non -Project Action a. Check or circle types of vegetation found on the site: Deciduous tree: alder, maple, aspen, other Evergreen tree: fir, cedar, pine, other Shrubs Grass Pasture Crop or grain Wet soil plants: cattail, buttercup, bulrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Other types of vegetation b. What kind and amount of vegetation will be removed or altered? N/A — Non -Project Action c. List threatened or endangered species known to be on or near the site. N/A — Non -Project Action d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: SEPA Checklist' N/A — Non -Project Action e. List all noxious weeds and invasive species known to be on or near the site. N/A — Non -Project Action 5. Animals a. List any birds or animals which have been observed on or near the site or are known to be on or near the site: Birds: Hawk, heron, eagle, songbirds, other: Mammals: Deer, bear, elk, beaver, other: Fish: Bass, salmon, trout, herring, shellfish, other: Other: N/A — Non -Project Action b. List any threatened or endangered species known to be on or near the site. N/A — Non -Project Action c. Is the site part of a migration route? If so, explain. N/A — Non -Project Action d. Proposed measures to preserve or enhance wildlife, if any: N/A — Non -Project Action e. List any invasive animal species known to be on or near the site: N/A — Non -Project Action 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A — Non -Project Action b. Would your project affect the potential use of solar energy by adjacent SEPA Checklist properties? If so, generally describe. N/A — Non -Project Action ADUs would be :required to meet the same setbacks required for other structures in the Zone. c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A — Non -Project Action New structures would be required to meet State Building and Energy Codes. 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe. N/A — Non -Project Action 1. Describe any known or possible contamination at the site from present or past uses. N/A — Non -Project Action 2. Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. N/A — Non -Project Action 3.Describe any toxic or hazardous chemicals that might be stored, used, or produced during the project's development or construction, or at any time during the operating life of the project. N/A — Non -Project Action 4. Describe special emergency services that might be required. N/A — Non -Project Action 5. Proposed measures to reduce or control environmental health hazards, if any: N/A — Non -Project Action SEPA Checklist b. Noise 1. What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A — Non -Project Action 2. What types and levels of noise would be created by or associated with the project on a short-term or long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. There could be short term construction noise impacts from new ADUs. Tukwila's existing Noise Code would control hours of construction. 3. Proposed measures to reduce or control noise impacts, if any: N/A — Non -Project Action No new measures are proposed. 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? Will the proposal affect current land uses on nearby or adjacent properties? If so, describe. Non -Project Action that would apply to residential zones. b. Has the project site been used as working farmlands or working forest lands? If so, describe. How much agricultural or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to nonfarm or nonforest use? N/A — Non -Project Action There are no farm or forest lands in Tukwila. c. Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling, and harvesting? If so, how: N/A — Non -Project Action There are no farm or forest lands in Tukwila. d. Describe any structures on the site. N/A — Non -Project Action SEPA Checklist e. Will any structures be demolished? If so, what? N/A — Non -Project Action f. What is the current zoning classification of the site? This Non -Project Action would apply to residential zones Low, Medium and. High Density Residential. These are the Zones that currently allow attached ADUs. g. What is the current comprehensive plan designation of the site? This would apply to the LDR, MDR and HDR Zones h. If applicable, what is the current shoreline master program designation of the site? N/A — Non -Project Action i. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. N/A — Non -Project Action j. Approximately how many people would reside or work in the completed project? N/A — Non -Project Action Most ADUs are one or two bedroom units. k. Approximately how many people would the completed project displace? Non -Project Action, however no displacement is anticipated. The ability to add a detached ADU to a parcel may reduce tear downs. 1. Proposed measures to avoid or reduce displacement impacts, if any: N/A — Non -Project Action m. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: SEPA Checklist Attached ADUs are already permitted, the current proposal would expand to permit detached units. These would be residential uses in residential zones. n. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any: None in Tukwila. 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing? As a Non -Project Action no units would be directly created, however the intention is to reduce barriers to additional housing development. Because these units would be limited in size they would likely be more affordable than the average new unit though more expensive than existing older rental units. b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. As a Non -Project Action no units would be directly eliminated. c. Proposed measures to reduce or control housing impacts, if any: The proposal would limit ADU rentals to 30 days or more to limit their use as transient accommodations and add to the housing stock. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? Detached ADUs would be limited to 20 feet in height unless they are built on top of a detached garage, in which case they could be 25 feet. This is lower than the standard 30 foot height limit in LDR to make the ADU visually subordinate to the main house. The existing single family dwelling design standards would apply to new detached ADUs. b. What views in the immediate vicinity would be altered or obstructed? N/A — Non -Project Action Tukwila does not have any view protection regulations. c. Proposed measures to reduce or control aesthetic impacts, if any: N/A — Non -Project Action SEPA Checklist 11. J.ipjtt and Glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur? N/A — Non -Project Action b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A — Non -Project Action c. What existing off -site sources of light or glare may affect your proposal? N/A — Non -Project Action d. Proposed measures to reduce or control light and glare impacts, if any: N/A — Non -Project Action 12. Recreation a. What designed and informal recreational opportunities are in the immediate vicinity? N/A — Non -Project Action b. Would the proposed project displace any existing recreational uses? If so, describe. N/A — Non -Project Action c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: N/A — Non -Project Action 13. Historic and Cultural Preservation a. Are there any buildings, structures, or sites located on or near the site that are over 45 years old listed in or eligible for listing in national, state or local preservation SEPA Checklist' registers located on or near the site? If so, specifically describe. N/A — Non -Project Action b. Are there any landmarks, features, or other evidence of Indian or historic use or occupation. This may include human burials or old cemeteries. Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Please list any professional studies conducted at the site to identify such resources. N/A — Non -Project Action c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples include consultation with tribes and the department of archeology and historic preservation, archaeological surveys, historic maps, GIS data, etc. N/A — Non -Project Action d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. N/A — Non -Project Action 14. Transportation a. Identify public streets and highways serving the site or affected geographic area, and describe proposed access to the existing street system. Show on site plans, if any. N/A — Non -Project Action b. Is the site or affected geographic area currently served by public transit? If not, what is the approximate distance to the nearest transit stop? Non -Project Action. Adding additional density to existing neighborhoods near transit could increase transit usage. c. How many parking spaces would the completed project or non -project proposal have? How many would the project eliminate? Non -Project Action, however parking spaces would continue to be required for ADUs according to the size of the unit and whether it is located in an area with SEPA Checklist on -street parkin d. Will the proposal require any new or improvements to existing roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private). N/A — Non -Project Action e. Will the project or proposal use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe. N/A — Non -Project Action f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and nonpassenger vehicles). What data or transportation models were used to make these estimates? Non -Project Action. Units are limited to 1,000 sf in size so traffic generation should be similar to apartment units. g. Will the proposal interfere with, affect or be affected by the movement of agricultural and forest products on roads or streets in the area? If so, generally describe. N/A — Non -Project Action h. Proposed measures to reduce or control transportation impacts, if any: Non -Project Action, however this would allow additional housing units to be built in existing neighborhoods nearer to jobs and amenities. 15. Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, public transit, health care, schools, other)? If so, generally describe. N/A — Non -Project Action, it is expected that public services would be needed in proportion to the growth in population regardless of the dwelling type. b. Proposed measures to reduce or control direct impacts on public services, if any. N/A — Non -Project Action Tukwila must plan to accommodate its regional SEPA Checklist fair share of growth. 16. Utilities a. Circle utilities currently available at the site: N/A — Non -Project Action electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system other: b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A — Non -Project Action See attached table for water and sewer requirements and fees. NON -PROJECT PROPOSALS (E.G., SUBURBAN PLANS AND ZONING CODE TEXT CHANGES) MUST COMPLETE THE FOLLOWING PAGES). C. SUPPLEMENTAL SHEET FOR NON -PROJECT PROPOSALS (do not use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of elements of the environment. When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposals be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? The proposed action is to adopt new, more flexible ADU regulations that could allow additional ADUs to be constructed, including detached units that are not currently permitted. This would create short term construction impacts and a long term increase in population. Proposed measures to avoid or reduce such increases are: Tukwila has existing building, stormwater, erosion control and noise regulations that would continue to be enforced. SEPA Checklist 2. How would the proposal be likely to affect plants, animals, fish, or marine life? The construction and population growth effects of the proposed regulations would be similar to other, currently permitted residential building types. Proposed measures to protect or conserve plants, animals, fish, or marine life are: N/A —. Any project proposals for new or re -development will address impacts on existing plants, animals, fish or marine life. 3. How would the proposal be likely to deplete energy or natural resources? The proposed code revisions will affect energy or natural resources to the extent that additional dwelling units may be constructed. The size limitations and the use of existing infrastructure may result in lower energy and natural resource use per person than other building types. Proposed measures to protect or conserve energy and natural resources are: N/A 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitats, historic or cultural sites, wetlands, floodplains, or prime farmlands? The proposed code revisions will not affect environmentally sensitive areas; any site containing an environmentally sensitive area is subject to the City's sensitive area regulations, TMC 18.45 and/or the City's shoreline regulations, TMC 18.44. Proposed measures to protect such resources or to avoid or reduce impacts are: N/A 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Single family dwellings are a permitted use in the shoreline and the proposed changes would not affect shoreline regulations. Proposed measures to avoid or reduce shoreline and land use impacts are: SEPA Checklist' N/A How would the proposal be likely to increase demands on transportation or public service and utilities? The proposed revisions may result in construction of additional dwelling units, additional residents and therefore an increase in infrastructure use. Given the size limitations and location on existing developed lots the infrastructure impacts would likely be lower than alternative forms of development. Proposed measures to reduce or respond to such demand(s) are: N/A 6. Identify, if possible, whether the proposal may conflict with Local, State, or Federal laws or requirements for the protection of the environment. The proposed code revisions will not conflict with other Tukwila ordinances, or State or Federal requirements related to the protection of the environment. D. SIGNATURE Under the penalty of perjury the above answers under ESA Screening Checklist and State Environmental Policy Act Checklist are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision 1 r '- tom' ---- S gnature: ' Date Submitted: ) i 7 6,500 SF Lot 825 SF Single story ADU Size limited by Max Footprint 1,450 SF Footprint for 2 Story House with Garage Max building footprint 2,275 Max Development Coverage 4,875, Total this example 2,940 SF 20' front setback, 5' side, 10' rear Driveway and sidewalks are 665 SF 1,450 SF Footprint for 2 Story House with Garage Max Development Coverage 5,400 SF, Total this example 3,225 SF 20' front setback, 5' side, 10' rear Driveway, parking pad and sidewalks are 800 SF ADU Utility Connections and Charges ADU within existing structure, add 2nd kitchen (basement conversion) Tukwila Water Service Requirements Cost KC WD #125 Requirements Cost Highline Water District Requirements Cost Tukwila Sewer Service Requirements Cost ValVue Sewer Requirements Cost Detached ADU (backyard cottage) Use existing service to the house, no meter required No Fee Use existing service to the house, no meter required No Fee Use existing service to the house, no meter required No Fee Use existing side sewer from the house No Fee Use existing side sewer from the house $50, includes one inspection No fee if able to use existing service, if flow is not adequate for fire sprinklers new meter and connection to the main would be required. 1" Meter for fire sprinklers $6,880 No fee if able to use existing service, if flow is not adequate for fire sprinklers new meter and connection to the main would be required. 1" Meter for fire sprinklers $10,526 No fee if able to use existing service, if flow is not adequate for fire sprinklers new meter and connection to the main would be required. 1" Meter for fire sprinklers $4,050 No fee if able to use existing service, if there is not adequate drop to the main new side sewer or pump would be required. New side sewer $9,426 No fee if able to use existing service, if there is not adequate drop to the main new side sewer or pump would be required. New side sewer $9,617 3/4" Meter is standard for a single family house but fire sprinklers require greater flow so a 1" meter is required