The Municipal Code states that development of a single-family dwelling in the Residential and Limited Commercial (RC) District is subject to the Single Family Residential (R-1) District standards (CMC 17.14.110) while multi-family dwellings are subject to the RC standards. Developments that include two or more independent dwelling units are considered multi-family dwellings and are further defined as follows:
“A building or group of buildings on a single building site that, in whole or in part, is designed for, or occupied by, members of two or more families dwelling independently of each other in separate areas or units.” And “A building or group of buildings on a single building site that contains two or more dwellings, each with its own facilities for parking, living, sleeping, cooking, and eating. This classification includes condominiums, townhouses, and apartments.”
Multi-Family Standards
Multi-family dwellings are permitted in the RC District and are subject to the RC District development standards. The following development standards are applicable to this project: 80% floor area ratio; 26-foot building height; 400 square foot minimum unit size; and, 1.5 parking spaces per permanent residential unit (refer to Attachment 1). The following standards also apply:
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“No existing residential dwelling unit shall be converted or demolished unless replacement housing is provided.”
Staff Response: The applicant intends to submit a complete application for Design Review approval prior to demolition of the residence and is proposing to replace the existing single family dwelling with two independent dwelling units.
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“The minimum size of any residential unit shall be 400 square feet.” And “For two-unit developments, the floor area of the smaller unit shall be at least 40 percent of the size of the larger unit.”
Staff Response: The applicant has proposed a 300 square foot residential unit to be located behind the larger 1,844 square foot dwelling. The Municipal Code requires that any residential unit be at least 400 square feet. The applicant has indicated that they could increase the size of the smaller unit to comply with the minimum size requirement.
The RC District standards permit up to 80% floor area ratio for two-story buildings which equals 4,000 square feet of floor area on a 5,000 square foot site. Underground floor space within a basement or cellar as well as underground areas for storage, parking and mechanical equipment/rooms are excluded from floor area (CMC 17.14.140).
Multi-Family Unit Size
The applicant is proposing a 1,844 square foot dwelling unit (excluding the basement), a 300 square foot dwelling unit and a 288 square foot garage. The Municipal Code requires that the size of the smaller unit be at least 40 percent of the larger unit. Under the 40 percent rule, the smaller unit would need to be at least 738 square feet. The applicant is requesting an exception to the 40 percent requirement because the topography of the site and the number of mature trees reduce the amount of buildable area on the lot.
The City’s Municipal Code requires single-family residences in the RC District to comply with the R-1 development standards. The purpose of this regulation is to prevent the construction of large-scale, single-family residences in the downtown that would otherwise benefit from the more generous commercial floor area standards (i.e. 80% for a two-story building). For two-unit projects in the commercial districts, the 40 percent rule is also intended to prevent the construction of large-scale dwellings. For example, if this standard was not in place, a 3,600 square-foot main dwelling and a 400 square-foot secondary dwelling could be constructed on a 5,000 square foot lot in the commercial district.
As noted above, the applicant is proposing a 1,844 square-foot main dwelling and a 400 square-foot secondary dwelling. In order to comply with the intent of the 40 percent rule, the applicant has expressed a willingness to record a deed restriction that would reserve 338 square feet of floor area that could only be used to expand the smaller unit, should an owner wish to expand it in the future. The deed restriction would also specify that the larger unit could not be expanded unless adequate square footage could be reserved to bring the smaller unit up to 40 percent.
The Municipal Code provides a specific list of development standards that the Planning Commission can modify through a variance (CMC 17.52.070). According to this list, the 40 percent rule is not a standard that can be modified. Therefore, Staff is seeking a code interpretation from the Planning Commission as to whether the applicant’s proposal to record a deed restriction limiting the size of the main residence sufficiently meets the purpose and intent of the 40 percent rule (CMC 17.14.040.N). In consideration of the site constraints (topography and mature trees) which limit the buildable area, and with the recording of appropriate deed restrictions, staff could potentially support the proposal.
Parking Requirement
The Municipal Code requires 1.5 parking spaces per dwelling unit for permanent residential uses in the RC District. The proposed two-unit project would require three parking spaces. In the commercial districts, standard parking spaces are 9’ x 19’ and up to half of the required parking can be provided as compact spaces; a compact space is 8.5’ x 16’. The applicant is proposing one parking space within an enclosed garage that would be set back 5’ from the front property line. A second parking space, compact in size, would be located on a parking pad south of the garage and would encroach into the 5’ front setback. On a typical commercial property, surface parking is not allowed within a required setback (CMC 17.38.020.F). In order to provide the compact space, one significant tree may also need to be removed. Due to the site constraints of topography and mature trees, a third off-street parking space is impractical.
Parking Exception
CMC Section 17.38.030 (Exceptions) recognizes that some sites in the commercial and multi-family zoning districts may have difficulty meeting the parking requirements due to size, shape, topography or availability of land suitable for parking purposes. In order to increase the flexibility in meeting parking requirements, the Municipal Code provides exceptions to minimum parking requirements and grants the Planning Commission authorization to approve a use permit and the payment of in-lieu fees when on-site parking is not practical. The practicality of providing parking on-site must be evaluated based on the following criteria:
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The project is 5,000 square feet or less in size;
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An excessive amount of on-street parking would not be lost due to construction of a driveway; and,
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The topography, size, shape or peculiar conditions of the site make on-site parking impractical (CMC 17.38.030.B.2-4).
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The parking does not serve hotel or motel uses; and
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The applicant has diligently pursued meeting the parking requirements but has been unsuccessful (CMC 17.30.030.C.1-2).
Staff finds that the request for a parking reduction meets the criteria above. Due to the topography of the site and the number of significant/mature trees, only one on-site parking space may be feasible. The compact space may be contingent upon approval to remove a significant tree by the Forest & Beach Commission. Additionally, accessing the compact space may require modifications to the existing driveway which could impact on-street parking and potentially an existing street tree. However, the applicant has expressed a willingness to pursue two, on-site parking spaces including requesting removal of a significant tree from the Forest & Beach Commission and is requesting relief from the required third space from the Planning Commission.
Should the compact space be found infeasible for the reasons noted above, the applicant would need to seek relief for two, on-site parking spaces. The Municipal Code requires the payment of in-lieu fees when the provision of on-site parking is impractical (CMC 17.38.040). In-lieu fees are paid prior to issuance of a building permit.
Alternatives
Alternative #1: If the Planning Commission finds that the applicant’s proposal to record a deed restriction to seek relief from the 40 percent rule is not sufficient to meet the purpose and intent of the Municipal Code, the applicant could evaluate the feasibility of increasing the size of the smaller unit. The steep slope at the front of the property and the number of significant/mature trees does limit the available building site area and as such the building footprint may need to be reduced which might also include attaching the two units together. Staff notes that a parking exception would still be needed.
Alternative #2: If the Planning Commission finds that the applicant’s proposal to seek relief from the 40 percent rule, and/or the request for a parking exception does not comply with the Municipal Code, the applicant could evaluate the feasibility of constructing one single-family dwelling with an accessory dwelling unit. The parking requirement would be one space and the minimum size for the accessory dwelling unit would be 150 square feet. The project would be subject to the R-1 development standards which allows for 2,150 square feet on a 5,000 square foot lot (including 200 square feet for parking as well as the accessory dwelling unit). With the application of the R-1 standards, the project could also benefit from the basement bonus provisions if additional floor area was desired.