10c - Title 19 Accessory Dwelling Unit Code AmendmentsBASEMENT CONVERSION CONVERTED GAPAGE D9TACHFLD ADU ATTACHED ADU
TITLE 19 FWRC ACCESSORY DWELLING UNIT CODE
AMENDMENTS
Chaney Skadsen Senior Planner
City Council Presentation June 20, 2023
POLICY QUESTION
Should the City amend the Federal Way Revised Code Title 19
Development Regulations to implement Housing Action Plan Strategy
#4 to encourage ADU production?
KEY ISSUES & BARRIERS
1. Permitting process
2. Cost to permit an ADU
3. Restrictive regulations
PERMITTING PROCESS
12
10
8
31
4
2
0
601 permitted
35 Uuilt
2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Permitted ADUs ADUs Constructed by Year (By Final Built Date)
COST TO PERMIT AN ADU
BREAKDOWN OF ADU FEES
■ ADU Permit ■ Building Permit ■ School Impact Fee
ADU REGULATIONS AND ELIGIBILITY
Lots nonconforming
to minimum lot size
Federal Way De,eloped Single Family Parcels
with Nonconforming Lot Sizes
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Developed Single Family
- Pamers Under Minimum
Lot Size
Single Family Zoned
Parcels
Lakes
Wetlands
Parks
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ADU TYPOLOGY
Prefabricated ADUs not
permitted
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Work Industries
DESIGN AND SIZE
Issue
- Height limited by primary dwelling unit
- Maximum size limited to 800 sgft or 40% of primary dwelling unit whichever is less
- Onsite parking can be difficult to achieve, maximum driveway width is 20 feet within the front yard
Detached AQU
SUMMARY OF PROPOSED SOLUTIONS
1. Streamline permitting process
2. Reduce cost for ADU production
3. Remove regulatory barriers
STREAMLINE PERMITTING PROCESS
• Amend Permits and Review Process section of code to exempt ADUs from land use review,
allowing applicants to go straight to building permit.
• Remove owner occupancy requirement
REDUCE COST FOR ADU PRODUCTION
• Removal of land use permitting reduces costs (permit fee).
• Exempt ADUs from school impact fees.
REMOVE REGULATORY BARRIERS
• Expand eligibility for ADUs in the city
• Cluster Subdivisions and Cottage Housing Developments
• Legally nonconforming lots
• Size and dimension
• Allow ADUs to be taller than primary dwelling unit
• Increase maximum size up to 1,000 or one floor area
• Allow prefabricated, manufactured, outdoor storage container
• Site & Use Considerations
• Expand onsite parking in the front yard setback
• Allow home occupation with an ADU
FWRC 19.80.130 - DEVELOPMENT REGULATION
AMENDMENT CRITERIA
The city may amend development regulations only if it finds that:
(1) The proposed amendment is consistent with the applicable
provisions of the comprehensive plan;
(2) The proposed amendment bears a substantial relation to public
health, safety, or welfare; and
(3) The proposed amendment is in the best interest of the residents of
the city.
SUPPORTING COMPREHENSIVE PLAN GOALS &
POLICIES
HG3 Develop a zoning code that provides flexibility to produce innovative housing solutions, does not burden the cost of
housing development and maintenance, and diversifies the range of housing types available in the City.
HG4 Proactively plan for and respond to trends in housing demand.
HG7 Develop a range of housing opportunities that meet the requirements of people with special housing needs, including
the elderly, mentally ill, victims of domestic abuse, and persons with physical and/or developmental disabilities.
HP3 Continue to allow accessory housing units within single-family neighborhoods in a way that protects residential
character, maintains specific design standards, and complies with all applicable laws. Review accessory housing regulations
and, if necessary, revise any regulation that inappropriately limits their development.
HP9 Continue to provide streamlined permitting processes for development that is consistent with the FWCP and FWRC,
and that has minimum adverse impacts.
HP14 Review zoning, subdivision, and development regulations to ensure that they further housing policies, facilitate infill
development and don't create unintended barriers.
HP20 Periodically review and update development regulations to incorporate opportunities for new housing types.
POLICY QUESTION
Should the City amend the Federal Way Revised Code Title 19
Development Regulations to implement Housing Action Plan Strategy
#4 to encourage ADU production?
QUESTIONS/COMMENTS/DISCUSSION
SASEMENTCONIIER&ION CONVERTED GAPACE DETACHED ADU
ATTACHED ADU
CODE AMENDMENTS
STREAMLINE PERMITTING PROCESS
1. Amend Permits
FWRC 19.15.020 Exemptions
and Review Process
Permits for the following are exempt from the provisions of process I through IV:
section of code to
(1) The development of detached dwelling units and accessory dwelling units on pre-existing
exempt ADUs from
lots, except where a land use process is triggered by the requirements of Chapter 19.145
land use review,
FWRC.
allowing applicants to
(2) Any tenant improvements or normal maintenance on the subject property necessary to meet
go straight to building
the varied requirements of continuing or succeeding tenants, except as identified in FWRC
19.15.025.
permit.
(3) The director of community and eeene ,; development may exempt minor additions from
the requirements of this chapter such as but not limited to additions necessary to house
mechanical equipment such as coolers, heating, ventilation, and air conditioning type of
equipment, minor exterior building facade modifications such as awnings and canopies,
installing or relocating windows or doors. The director may exempt other similar
improvements, for example improvements not visible from rights -of -way or residential uses or
zones. Projects exempted from process I through IV shall be reviewed for zoning compliance
with the associated building, mechanical or other permit.
STREAMLINE PERMITTING PROCESS
1. Amend Accessory Uses FWRC 19.265.020 Accessory dwelling units
and Facilities section of (1) Pur-pose. in order- to pr-evide affordable housing to the eitizens of Feder -a! Way �Ind in er-�er- to eemply with
code to remove refence to ,« ^ PUewth ...h:ehManageeamply ..4t Aet the ra;*:ens so* F i4 Washington ;n this Code.
land use permit (2) Pefinitions. Any wer-ds, tefms or- phrases used in this seetion and which are not othefwise defined sha4l ha-,,e the
requirements for ADUs,
(3) Pennit requiFements. PFior to constm . i 'ing an ADU, property owners shall apply for and obtain an ADU
allowing applicants to go pe it from the department of community d�vel4ment, comply w-Ah all the special rega4ations set forth in FWRC_
19. 195. � 80 and 19.200.180, eei7ply with all other applicable law, obtain all other- necessaFy permits, rd pay all fees in
straight to building permit. connection with such construction or- everaien. The apWication shall be accompanied by the aigigropmate a-vplication fiae
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REDUCE COST FOR ADU PRODUCTION
2. FWRC 19.95.060 Exemptions and credit
Ament School Impact Fee section to update exemption (d) to apply to all
ADUs from school impact fees.
AccessoryADeccupied as an ADU of -
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*Amendments presented on previous slides also result in cost reduction for ADU
production
REMOVE REGULATORY BARRIERS
3. Allow ADU in Cluster Subdivisions and Cottage Housing developments
in Single Family Zones. This will expand the number of properties that are
eligible for an ADU.
FWRC 19.250.170 General provisions:
(4) Accessory dwelling units are not permitted in CHDs within the RM zones.
REMOVE REGULATORY BARRIERS
4. Amend the FWRC 19.05.010 A definitions.
definition of `Accessory" means a use or structure which is subordinate and incidental to the
Accessory and the principal use or structure on the subject property, and supports the principal use or
Accessory uses, structure without displacing or dominating it. A structure is only accessory within the
meaning of this definition when it has less gross square footage and its height is equal
building and to or less than the height of the principal structure on the subject property, except in
structures sections of the case of accessory dwelling units which may be taller than the primary structure
code to clarify that and equal in gross square footage. See FWRC 19.265.010.
ADUs can be taller
than the primary FWRC 19.265.010 Accessory uses, buildings, and structures.
dwelling unit.
(3) Accessory building height and square footage limits. The height of accessory
buildings and structures may not be taller than the primary building or structure
regardless of the building height allowed by the zone, except in the case of ADUs
which may be taller than the primary structure. The total gross square footage of the
accessory building must also be less than the total gross square footage of the
principal building on the subject property.
REMOVE REGULATORY BARRIERS
5. FWRC 19.05.040 D
definitions
Amend the definition of
"Dwelling unit, accessory
dwelling unit (ADU) to
allow an ADU to be a
prefabricated and
manufactured structure.
(13) "Dwelling unit, accessory dwelling unit (ADU)" means a dwelling
unit that is accessory to the primary dwelling unit located on the subject
property, and which either:
(a) Is a freestanding detached structure or part thereof, g
o tdoer storage
containers
and
n similar structures
uses -Ar designed
to be used as
4c ing faeil ties' or
(b) Has one or more vertical and/or horizontal walls in common
with or attached to the primary dwelling unit but is separate from
the primary dwelling unit either because there is no interior
connection between the ADU and primary dwelling unit, or because
any interior connection between the ADU and primary dwelling
unit is securable by lock from within the ADU.
Notwithstanding the general definition of dwelling unit, factory -built
homes, manufactured homes, outdoor storage containers, and similar
structures used or designed to be used as living facilities may constitute
ADUs regardless of whether such a structure meets the standards and
criteria of a designated manufactured home established in RCW
35A.63.145.
REMOVE REGULATORY BARRIERS
6. FWRC 19.130.240 Driveways and parking areas.
Amend Driveways and parking areas to make it easier for applicants to meet the parking
requirement by adding flexibility and increasing the area in which a car is allowed to be
parked within the front yard. Where an additional parking space is required or desired for
the ADU, allowing a wider driveway would ensure the vehicle associated with the ADU
does not interfere with the parking relating to the main residence.
(b) Exception. A driveway and/or parking pad in a required front yard may exceed 20 feet in width if:
(1) It serves a three -car garage;
(ii) The subject property is at least 60 feet in width; and
(iii) The garage is located no more than 40 feet from the front property line.; or
(iv) It serves an ADU.
REMOVE REGULATORY BARRIERS
7. Use Zone Chart Special Regulations and Notes
FWRC 19.195.180 ADUs in the Suburban Estates Zone
• Exempt legally nonconforming lot from meeting minimum lot size (note 1).
• Remove unnecessary language (note 3).
• Allow home occupations within an ADU (note 5).
• Remove owner occupancy requirement (removed note 6).
• Increase maximum size up to 1,000 or one floor area (note 7).
• Streamline permit process (note 9)
• Allow ADU in cluster subdivision (note 11)
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1. An accessory dwelling unit (ADU) shall meet the definition outlined in FWRC 19.05.0-140. Minimum lot size for ADUs is based upon the minimum lot size for the
existing primary dwelling unit as set forth in FWRC 19.195.010. ADUs may be permitted on a lot with legally nonconforming lot size as provided in FWRC
19.105.010(3).
2. Only one ADU may be created per subject property. The ADU, accessory structures and the primary dwelling unit together shall not exceed the maximum lot
coverage prescribed in FWRC 19.195.010.
3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence. The desig., and size
of an ADU and the primary dwelling tinit shall eonform to all applieable standards in the zoning, building, plumbing eleetrieal, meehanieal, fire, health, and any
applieable eedes, as r-equired for any new eenstfuetion. All ADUs and primary dwelling units shall also meet the minimttm standards of the Unifefm Heusing C
Cer-tifieation by appropriate utility providers of availability of stiffieient water-, sewer and/or septie sei=viees to the proposed ADU, must be pr-evided as paft efthe
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4. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements.
5. Refer to Chapter FWRG 19.270 FWRC contains regulations regarding home occupations associated with this use. eenta „s regulations regarding home
eeeupations and other aeeesser-y tises, faeilities and aetivities assoeiated with this use. Home oee"ations are not allowed in an .
6. Attached ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one
entrance is allowed on the front of the residence.
7. The pr-epefty ev�%er-, must reside in either the pr-imafy dwelling unit or ADU f6f six months or- more of eaeh ealendar- yeaf, and at na time r-eeeive rent or- other-
97. The ADU, excluding any garage, workshop and similar nonliving areas, shall contain between 300 no more than 1,000 sq. ft.; An attached ADU may
exceed 1,000 sq. ft., up to a maximum of the largest floor area of the primary dwelling unit if the creation of the ADU does not necessitate an exterior alteration of the
residence, except for minimal alterations necessary for the ADU to be a functional separate residence. but shall not exeee 400 of the sq. ft. of the „.;„,ary dwelling
unit, exeluding-gar-age, • orks o „,7 similar- nonliving areas.
8. The unit shall have no more than two bedrooms.
9. Applieation fer- an ADU pefmit shall be made to the depaftment of eowAnunivy development sev,4ees in aeeofdanee v�� the pefmit pr-oeedtifes adopted by4he
depaAment, and shall inelude a letter of appliea4ion from the ov�%er-(s) stating thm the ovffier(s) shall oeeupy one of the dwelling units on the --i3t fof
bona fide temporary absenees, fer- six months or more of the ealendar- year-. An ADU applieation shall also be filed as a deed f estfietion Wi Mty
depaAment of r-eeer-ds and eleetions to indieate the pr-esenee of an ADU, the r-equirement of ovffier- oeettpaney, and other- standards for- maintaining the tin
deser-ibed in this Code. Caneellatien of an ADUs r-egistfation may be aeeomplished by the ovffier filing a letter- v" the depaftment of eonvnunivy development
4$9. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
n1 i . �A nTvJ3gzre33at�er�itted-virei}steruvdivi�ivilotsunder- TWRC 18 c5}
102. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC.
113. The director may require the provision of one off-street parking space for an accessory dwelling unit located within one -quarter mile of a major transit stop if the
director has determined the accessory dwelling unit is located in an area without access to available street parking within 800 feet of the property.
REMOVE REGULATORY BARRIERS
7. Use Zone Chart Special Regulations and Notes
FWRC 19.200.180 ADUs in the Single Familv Residential Zone
• Exempt legally nonconforming lot from meeting minimum lot size (note 1).
• Clean up code and remove excess detail (note 2).
• Remove unnecessary language (note 3).
• Update note to be formatted like others and update code citation (note 6).
• Allow home occupations within an ADU (note 7).
• Remove owner occupancy requirement (removed note 8).
• Increase maximum size up to 1,000 or one floor area (note 9).
• Streamline permit process (note 10)
• Allow ADU in cluster subdivision (note 12)
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1. An accessory dwelling unit (ADU) shall meet the definition outlined in FWRC 19.05.04-40. Minimum lot size for ADUs is based upon the minimum lot size for the existing
primary dwelling unit as set forth in FWRC 19.200.010. ADUs may be permitted on a lot with legally nonconforming lot size as provided in FWRC 19.105.010(3).
2.Only one ADU may be created per subject property. The ADU, accessory structures and the primary dwelling unit together shall not exceed the maximum lot coverage
prescribed in FWRC 19.200.0105. as fall aws
a. In RS-35.0 — 590%
b. In RS 15.0 — 50%.
E i,. n�rimS 9.6 — 60%.
e. hi RS 5.0 — 60°
3. An ADU shall be designed so that, to the degree reasonably feasible, the appearance of the building remains that of a single-family residence. The design and si�e efan ADU
and the pr-imafy dwelling unitshall e-e-A-4-49FM to all applie-Able standar-dis in the zening, building, plumbing eleek4ea4, meehanioal, fire, health, and any other- appheable eedes, as
required fef any new eenstmetieft. All ADUs a -ad pfifnafy dwelling uffits shall also fneet the miaim,&m standafds ef the Uaifei:fa Housing Cede. Cet4ifiemiefl by appr-epr-We
utility providers of availability of stiffleient water-, sewer and/or- septie sei=viees to the proposed ADU must be provided as paT-t of the apphea4ioll.
4. Side yard setback for a corner lot for that portion of the lot not adjacent to the primary vehicular access is 10 feet, otherwise five feet.
5. Refer to Chapter 19.125 FWRC, Outdoors, Yards, and Landscaping, for appropriate requirements.
6. Chapter FVAkG 19.2654.9 FWRC contains regulations regarding other accessory uses and facilities and aefivities associated with this use.
in an ADUk.
7. Chapter 19.270 FWRC contains regulations regarding home occupations associated with this use.
-78. Attached ADUs may be accessed through the entrance to the primary dwelling unit or through an additional entrance on the side or rear of the residence. Only one entrance is
allowed on the front of the residence.
9. The pr-epefty owner- n+Hst r-eside in either- the pr-imafy dwelling unit of ADU for- six months or more of eaeh ealendaf year-, and at no time feeeive r-ent of othef eempensation fe
9. The ADU, excluding any garage, workshop and similar nonliving areas, shall contain between 300 no more than 1,000 sq. ft.; An attached ADU may exceed 1,000 sq.
ft., up to a maximum of the largest floor area of the primary dwelling unit if the creation of the ADU does not necessitate an exterior alteration of the residence, except for
minimal alterations necessary for the ADU to be a functional separate residence but shall not exeeed 4 0,14,
workshop and similar- , ,,.wing aFeas. The unit shall have no more than two bedrooms.
! 0. Applieation for- an ADU pefmit shall be made to the depaftmefA of eemmunity development serviees in aeeer-danee with the pefmit pr-eeedtffes adopted by the depaAment,
and shall inelude a leRef ef appliea4ion ffem the owner-(s) sta4iag tha4 the ownef(s) shall eeeiipy efte of the dwelling units en the pr-emises, exeept fer-bana fide temper-afy
absenees, for- six months or- mefe of the ealeadaf year-. An ADU appheation shall also be filed as a deed r-estT-iefien with the Mag Geiiaty depat4meat afr-eeer-ds and eleetions to
indieate the pr-esenee of an ADU, the fequir-ement of owner- eeeupane5-, and ethef standards for- maintaining the twit as deser-ibed iii this Cede. Ga*eellatien efaii ADUs
r-egistfation may be meamplished by the owner- filing a letter- with the depai4meat of eeffmiunity development sen4ees for- rveer-diag at the depai4men4 offeeor-ds a -ad eleet'
103. For sign requirements that apply to the project, see Chapter 19.140 FWRC.
1-5. A—PUs ffiwe, iiet peffflit4ed on eittster- subdivision lets under- FNVRG 18.55.0 10(7" eaffage housing under- Chapter- 19:.2M FNVRC.
113. For provisions that relate to the keeping of animals, see Chapter 19.260 FWRC.
124. The director may require the provision of one off-street parking space for an accessory dwelling unit located within one -quarter mile of a major transit stop if the director has
determined the accessory dwelling unit is located in an area without access to available street parking within 800 feet of the property.
REMOVE REGULATORY BARRIERS
7. Amendments to nonconforming lots and building lot code sections are required
to exempt legally nonconforming lot from meeting minimum lot size (note 1 ).
FWRC 19.30.085 Nonconforminglots ots (buildable lots)
The development of a nonconforming lot under this chapter shall be subject to the buildable
lot provisions of FWRC 19.105.010(2)�.
FWRC 19.105.010 Buildable lot.
(3) Exception, accessory dwelling units. Subject to all other requirements of this title, an
applicant may build an accessory dwelling unit on a lot or parcel regardless of the size of the
lot of parcel.
REMOVE REGULATORY BARRIERS
8. FWRC 19.270.030 Home (1) A home occupation is permitted if it meets all of the following
requirements:
occupation. (a) The dwelling „r;* structure in which the business is located must
be located on the same subject property as the primary residence of
Amend Home Occupation the business owner.
(b) The business must be carried on by a family member(s) who
code section to allow home resides on the same subject propertyin the dwel ing „ri .
(c) The use must have no outside storage, exterior indication, or
occupations within an ADU outside activity.
(d) The use must not involve those heavy equipment, power tools, or
power sources which are not common to a residential use.
(e) The use must not involve any pickups or deliveries by
commercial vehicles over 26,000 pounds gross vehicle weight rating
(GVWR) as defined in RCW 46.25.010.
(f) The use must not include more than four persons per day coming
to the subject property for goods or services.
(g) The use must not create any noise, dust, glare, vibration, odor,
smoke, or other impact adverse to a residential area.