Loading...
HomeMy WebLinkAboutPlanning 2020-02-27 ITEM 4 - STAFF REPORT - ACCESSORY DWELLING UNIT (ADU) REGULATIONS UPDATEi // City of i►-r� - r ur �- -;�e - r 'r - � - STAFF REPORT TO THE PLANNING COMMISSION FOR THE FEBRUARY 18, 2020 FILE NUMBERS: L17-0067 ISSUE: What revisions are needed to the Accessory Dwelling Unit regulations that were adopted in July 2018? LOCATION: City Wide STAFF: Minnie Dhaliwal, Deputy Director ATTACHMENTS: A. Map of ADU Registrations received during amnesty program B. Ordinance 2581 BACKGROUND Ordinance 2581 adopted by the City Council on July 2, 2018, updated Tukwila's Accessory Dwelling Unit (ADU) 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 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 less than 5:12 • Location of the ADU on the lot. Owner occupancy, providing at least one parking space per ADU, and meeting the minimum lot size for a detached ADU were conditions that could not be waived per Council direction. The one-year amnesty registration period ended on July 1, 2019. A total of 30 ADU Registration Applications have been received since the city adopted the new ADU regulations. A total 21 were received during the Amnesty program and only four asked for relief from zoning standards under the Program. See attached map for the location of these ADUs. Here is the current review status of these applications: Approved: 9 Denied: 1 Withdrawn:2 Under construction (not pre-existing but new): 8 Pending: 10 (waiting for the applicant to fix items identified during construction or record owner occupancy affidavit) Tukwila City Hall . 6200 Southcenter Boulevard . Tukwila, wit 98188 . 206-433' 1800 - Website: Tukwilol, A. ov 5 Page 2 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. • Pre-existing duplexes: There are existing duplexes (both legal non -conforming and illegal) in the LDR zone. No owner occupancy requirements apply to duplexes. Policy direction is needed on how to enforce or legalize pre-existing duplexes. Additionally, one application that was denied was for the property with a pre-existing duplex and a detached ADU in the LDR zone. 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). 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 but not attached ADUs. Parks impact fees are $2,859; Fire impact fees are $1,790 (1,683 if 0 Page 3 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. Therefore, they choose not to register their ADU. There is no fee for registering an ADU with the City. Standard building permit and inspection fees apply depending on the cost of improvements. City Council was briefed on all the issues listed above and the Planning and Economic Development Committee has forwarded this item for the Planning Commission's review and recommendation. The Committee has directed that all four zoning related items listed above be reviewed by the Planning Commission to determine what amendments are necessary. DISCUSSION 1. ADU vs main house size limitations: Under current regulations attached ADUs may occupy a maximum of 40% of the square footage of the single-family dwelling (excluding the area of any attached garage) or up to 1000 square feet, whichever is less. Detached ADUs may be a maximum of 800 square feet and if built over a detached garage, the detached garage does not count toward the areas limit for the ADU. This requirement can be easily met for new homes, however 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. The percentage limit varies from 40% to 75% in some cities. Some cities have a maximum size limit and no percentage requirement. Pros Cons Option 1 No Change. Keep the 40% size ADU is smaller than It limits some preexisting limit up to a maximum of 1,000 the main house thus homes from getting an square feet. preserving the single ADU registered without family character of adding on the house or the neighborhood. making some area unusable. Option 2 Increase the 40% size limit for all This may give more It limits some preexisting attached ADUs up to a maximum of flexibility yet keep homes from getting an 1000 square feet. This increase the maximum size of ADU registered without could range from 40% to 75% an attached ADU to adding on the house or 1000 square feet. making some area unusable Option 3 Keep the 40% size limit up to a Provides flexibility for There may be some maximum of 1,000 sq. ft. for new existing homes while small existing homes homes. For preexisting homes keeping the that could have equal allow an ADU up to a maximum percentage limit for square footage for the size of 1000 sq. ft. but have no new construction. two units making the percentage limit to allow better use structure more like a of floor space. duplex.40% of a 2,500 sq. ft. home is 1,000 sq. N Page 4 ft. Therefore, under this option any homes that are less than 2,500 sq. ft. could have 1,000 sq. ft. ADU and it may be more than 40% of the structure. Under this option an existing 2,000 sq. ft. home could have two 1,000 sq. ft. units making the structure more like a duplex Option 4 No % limit, just the maximum size Provides the most There could be homes limit of 1,000 sq. ft. for an ADU flexibility for new and that are 2,000 sq. ft. and existing homes while have two 1,000 sq. ft. limiting the size of an units making the ADU to 1,000 sq. ft. structure more like a duplex Staff recommends Option 3 2. 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. Pros Cons Option 1 Keep the owner occupancy More homeowners Hard to enforce requirement living on their particularly for property can lead to preexisting homes that better upkeep of the have two rental units. property and less Policy direction is turnover in the needed if these units community. should remain under the city's rental inspection program for inspection related to healthy housing code (mold, hot water etc) even though they do not meet zoning code requirements. Option 2 Remove the owner occupancy Easy to enforce Potentially it could lead requirement to more rental properties than homeowners living on their property. Staff recommends Option 1 Page 5 3. More than two units on one lot: One application that was denied during the amnesty program was for the property with a pre-existing duplex and a detached ADU in the LDR zone. 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. Pros Cons Option 1 Do not allow more than two units in Preserves single Some property owners LDR zone (one main house and family character of may not benefit from one ADU) the neighborhood ADU regulations. Option 2 Allow a detached ADU on lots that Allows opportunity Three units on an LDR have a legal non -conforming for homeowners with zoned parcel. duplex and the minimum lot size is non -conforming uses 19,500 sq. ft. thus meeting density to benefit from requirements of the LDR zone adding an ADU Staff recommends Option 2 4. 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). Pros Cons Option 1 Extend Amnesty Program Provide additional Could encourage illegal opportunity for construction homeowners to come forward and legalize their ADUs Option 2 Do not Extend the Amnesty Provides consistent None Program and fair regulations. Not many homeowners took advantage of the program due to costs. Staff recommends Option 2 NEXT STEPS Based on the policy direction from the Planning Commission staff will prepare an ordinance for the public hearing on April 23, 2020. After the public hearing the Planning Commission will finalize their recommendation to the City Council. City Council will then hold a public hearing on the Planning Commission recommended draft prior to final adoption. 9