The purpose of this chapter is to provide regulations and procedures to guide mixed use planned unit development in order to:

A.

Provide flexibility for development (including infill development) in mixed use areas;

B.

Support implementation of innovative plans that address transitions between residential and commercial uses;

C.

Allow for varied, compatible housing and commercial uses to coexist;

D.

Ensure efficient and adequate provision/extension of services in areas where both commercial and residential uses are permitted while addressing anticipated increased demands for services;

E.

Provide opportunities for households of various sizes, ages, and incomes to live in a neighborhood by promoting diversity in the size, type and price of new development in the city;

F.

Provide for live/work opportunities in mixed commercial/residential areas to create or maintain neighborhood character; particularly in neighborhoods having a predominance of small to moderately sized dwelling units, located close to shopping and other community services;

G.

Provide appealing streetscapes that reduce vehicle use and promote foot traffic to strengthen communities and support businesses by enhancing the local customer base;

H.

Facilitate efficient use of land through the application of flexible standards and maximize opportunities for innovative and diversified living environments through creative placement of structures, open space and access ways;

I.

Preserve existing landscape features including established trees through the use of a planning procedure that considers particular site characteristics;

J.

Encourage provision of affordability options.

(Ord. No. 2012-11-905, 11-26-2012)

Uses listed in each underlying zone within the project area may be permitted in the MU-PUD. Different uses must interface in a compatible manner. Special uses are permitted subject to specific development criteria.

A.

Permitted uses include:

1.

Mixed commercial and residential uses including attached residential uses above and below commercial in commercial areas;

2.

Varied single and multifamily residential in residential areas;

B.

Special uses include:

1.

Cottage development on smaller lots; and

2.

Accessory dwellings.

(Ord. No. 2012-11-905, 11-26-2012)

A.

Mixed use planned unit developments allowing for master planned mixed uses may be permitted to modify the zoning and subdivision requirements of Title 16 and the balance of Title 17 if consistent with the purposes expressed in Section 17.74.010 and the other applicable requirements of this chapter, except:

1.

Exterior setbacks from public streets along the perimeter of the MU-PUD unless set back averaging is requested and approved as shown on a preliminary plat and implemented in accordance with the binding site plan;

2.

Surveying standards;

3.

Engineering design and construction standards of public improvements (not including street right-of-way width and street development standards); and

4.

Stormwater and erosion control standards.

B.

Modifications of setbacks and other standards in the underlying zones must be shown clearly on a binding site plan.

(Ord. No. 2012-11-905, 11-26-2012)

A.

Size and Permitted Location of MU-PUD. A mixed use planned unit development (MU-PUD) may only be permitted if:

1.

The subject lot or tract of land greater than or equal to two contiguous acres;

2.

The subject lot or tract includes two or more zoning districts allowing for both residential and commercial uses.

B.

Permitted Density.

1.

The number of single-family dwelling units permitted in a MU-PUD may be increased above the number permitted in the applicable zone as follows:

a.

R-1 detached single-family residential district density may be increased to one hundred twenty-five percent of the single-family density permitted in the underlying zone.

b.

R-2 two-family residential district may be increased to one hundred fifty percent of the detached single-family density permitted in the underlying zone.

c.

MHR-mobile home residential zones may be increased to one hundred fifty percent of the detached single-family density permitted in the R-2 zone.

d.

R-3 multifamily residential district may be increased to two hundred percent of the detached single-family density permitted in the underlying zone.

2.

The permitted density shall be computed to reflect net density as follows:

a.

Determine the gross development area-subtract from the total site area all land unsuitable for development e.g., wetland, flood hazard areas, steep or unstable slopes, publicly owned land, and industrial area.

b.

Determine the net development area-subtract from the gross development area the actual percentage of area devoted to the street system to a maximum of twenty percent of the gross development area.

c.

Determine the permitted density-divide the net development area by the minimum single-family lot size of the zone district.

d.

Determine maximum increased density-multiply the resulting number of units by 1.25 in R-1, 1.50 in R-2 or MHR, or 2.0 in R-3 zones rounded to the next lowest full integer.

3.

The average lot size of single-family dwellings and townhouses in the MU-PUD shall not be less than:

a.

Sixty-five percent of the minimum single-family lot size for the district in the R-1 single-family residential district

b.

Fifty percent of the minimum single-family lot size for the district in the R-2 two-family residential district

c.

Fifty percent of the minimum single-family lot size for the R-2 two-family residential district in the MHR zone.

d.

Forty percent of the minimum single-family lot size for the district in the R-3 multifamily residential district

4.

Density bonus of up to twenty percent over enhanced MU-PUD density permitted by subsection B of this section, may be allowed for provision of affordable housing for low and moderate income families (those who have family income of not more than sixty percent of Klickitat County median household income), with appropriate recorded covenants, conditions and restrictions (CC&Rs) which define such affordable housing as follows and require that the housing remain affordable. For the purpose of this chapter, such affordable housing is defined as residential housing for home ownership where the occupants pay no more than thirty percent of said gross family income for total housing costs, including utilities other than telephone and cable/satellite television.

5.

Protection of Trees. Master planning a larger site provides the opportunity to maintain some valuable native vegetation. A tree inventory shall be completed and submitted with the preliminary master plan. Native trees measuring eight inch caliper or greater measured four feet from ground level (dbh) shall be shown on the inventory and clearly identified for preservation or removal. Large native trees should be preserved wherever practicable in the common areas. Where the decision maker determines it is impracticable or unsafe to preserve these trees, the applicant may be allowed to remove the trees.

If the developer determines it is necessary to remove more than half the large native trees shown on the site inventory, the developer can be permitted to do so as long as the trees removed are replaced by new native trees in accordance with an approved landscape plan that includes new plantings at least two inches to two and one-half inches in caliper.

Where this requirement would cause an undue hardship, the requirement may be modified in a manner which reasonably satisfies the purpose and intent of this section. Conditions may be imposed to avoid disturbance to tree roots by grading activities and to protect trees and other significant vegetation identified for retention from harm. Such conditions may include, if necessary, the advisory expertise of a qualified consulting arborist or horticulturist both during and after site preparation, and a special maintenance/management program to provide protection to the resource as recommended by the arborist or horticulturist.

C.

Dimensional and Improvement Requirements.

1.

Building setbacks and heights may be modified in accordance with approval of a binding site plan with the following exceptions:

a.

Single- and multifamily dwellings must meet setbacks and height limits required in the zone in which they are located with respect to the outside perimeter of the MU-PUD.

b.

Setback averaging will be allowed from internal lot lines and may be allowed from external lot lines where adjoining parcels are zoned commercial or where setback averaging is determined to improve the traffic safety and flow, streetscape and/or be compatible with surrounding uses.

c.

Standard building setbacks from lot lines through the interior of the MU-PUD shall be:

* A minimum eighteen foot driveway length shall be maintained inside of curb and sidewalk where a driveway curb cut is provided. This shall be done to eliminate the parking of vehicles on or over curbs or sidewalks.

2.

Street width, street alignment, ROW width, and other street design standards shall comply with the subdivision ordinance unless access routes through the MU-PUD are to serve primarily low volume local traffic. Low volume would be less than four hundred average daily trips. Local road means a road primarily serving a destination in or adjacent to the proposed development and not collecting traffic from other local roads or transporting through traffic. (American Association of State Highway and Transportation Officials, Guidelines for Geometric Design of Very Low Volume Roads, 2005 as hereafter amended.)

If streets within the MU-PUD are determined to be low volume local roads and emergency vehicle access and safety and traffic flow issues are addressed, then alternate street standards may be deemed acceptable if approved by the public works director. The possibility of flexibility in street design standards shall be considered initially in a preapplication conference prior to completing an application. Notwithstanding, private streets shall have a minimum improved width of ten feet for each lane of traffic for a two way street and fourteen feet for a one way street, not to include street parking.

3.

Engineering design and construction standards for all other public improvements, such as water, sewer, on site stormwater retention, etc., will not be modified for MU-PUDs.

4.

Off-street parking shall be provided in accordance with the requirements of the zone in which the development is located. Additional off street parking may be required in lieu of on street parking if street widths are decreased to preclude on street parking. Shared parking with commercial establishments may be accepted to meet additional residential parking requirements or to decrease off-street parking requirements if commercial parking can be demonstrated to adequately serve residential development and vice versa.

D.

Homeowners Association, Common Facilities, Open Space, Roads, Easements.

1.

In any MU-PUD twenty percent of the net development area shall be established, maintained and preserved as open space and community facilities by the landowner until such obligations are vested in the MU-PUD homeowners' association pursuant to RCW Chapter 64.38 and this chapter. The landowner shall establish a Washington nonprofit corporation for the MU-PUD homeowners' association. Within three years of MU-PUD approval, ownership and maintenance of all open space, common areas and common facilities shall be vested in the homeowners' association. Common area or amenities established by easement over private lots, may be considered part of the open space and community facility calculation if such easements provide continuing irrevocable community benefits. Articles and bylaws of the homeowners' association and CC&Rs in a form acceptable to the city attorney shall be recorded with the county auditor and shall be binding on all heirs, successors and transferees of landowner, guaranteeing the following:

a.

The continued use of such land consistent with the MU-PUD approval;

b.

Continuity of maintenance of roads, landscaping, irrigation, public facilities and open space;

c.

Availability of funds required for such maintenance;

d.

Adequate insurance protection of community facilities; and

e.

That all conditions of MU-PUD approval continue to be met and maintained.

2.

Open space provided in the MU-PUD shall be planned to provide for connectivity with and enhancement of other public improvements, park lands, natural areas or community amenities. Open space means an area intended for common use and shall be designed for outdoor living and recreation or the retention of an area in its natural state. Open space may include swimming pools, recreation courts, gazebos and patios, open landscaped areas and community gardens, and green belts with pedestrian and bicycle trails. Open space does not include off street parking or loading areas.

3.

Direction to Plant Natives. Planting plans for common areas shall be developed with a predominance of drought tolerant and native vegetation. Owners of independently owned parcels are encouraged to plant natives. Planting of native and drought tolerant species in the common areas is required as a means to decrease water demands for irrigation and increase the survivability of selected plant materials.

4.

Landowner shall be required to grant appropriate easements to the city for repair, replacement and maintenance of city utilities and services installed within the MU-PUD.

5.

At the option of the city or applicant, conditions of approval and other standards can be addressed through a development agreement pursuant to RCW Chapter 36.70B in lieu of or in conjunction with CC&Rs.

(Ord. No. 2012-11-905, 11-26-2012)

An applicant for a MU-PUD has the burden of proving, by a preponderance of the evidence that:

A.

All applicable standards have been met, modified or can be adequately addressed by conditions of approval;

B.

The master plan uses an innovative approach to meet the purposes stated in Section 17.74.010, e.g., it integrates mixed commercial and residential uses, provides community and public benefits, protects existing natural resources, and provides adequate and efficient public services and utilities;

C.

The streets, buildings, open space, public facilities and landscaping are designed and located to preserve existing trees, topography and natural drainage;

D.

Structures located on the site are located on ground that is not subject to instability;

E.

Public services will not be over burdened by the proposed development:

1.

The MU-PUD plan shall provide direct access to collector or through streets or demonstrate that minor or local streets have the capacity to carry increased traffic to collector or through streets.

2.

The applicant shall work with the director of public works and/or city engineer to confirm adequacy of water, sanitary sewer, on site surface/stormwater, and all other utilities. If improvements are determined necessary to accommodate increased demand, improvements will be made at the developer's expense or the city and developer may enter into a development agreement pursuant to RCW 36.70B.170(4) and other relevant provisions of RCW Chapter 36.70B. All utilities shall be constructed to city approved standards of design, consistent with accepted engineering practices. All utilities shall be underground only.

3.

An applicant shall submit proof of adequacy of services including but not limited to: fire and police protection, schools, health care.

F.

Incorporation of Existing Dwelling(s) can be Accommodated in a MU-PUD. An existing detached or attached single-family dwelling that is incorporated into a mixed use MU-PUD as a residence and is nonconforming, with respect to the standards of the general MU-PUD or special use sections, shall be permitted to remain on a MU-PUD site. Noncompliance of the structure may not be increased unless the proposed change is determined by the city to be consistent in character, scale and design with the MU-PUD as controlled by the binding site plan. If an existing dwelling is retained it is counted as a standard single-family dwelling for density calculations unless it complies with the size requirements to be counted as a special use cottage or accessory dwelling.

(Ord. No. 2012-11-905, 11-26-2012)

A.

A MU-PUD application shall be reviewed as a subdivision application subject to Title 16 and site plan review pursuant to [Chapter 17.81]. A pre-submission conference pursuant to Section [18.10.115] will help identify application requirements.

B.

Applicant shall comply with [Title 16] and include the following additional tabular data and mapped items:

1.

Existing zoning;

2.

Total site area;

3.

Gross project area;

4.

Net project area;

5.

Total number of dwelling units proposed;

6.

Total square feet of commercial area proposed;

7.

Residential density calculation;

8.

Open space, common area, and facilities calculation;

9.

General description of natural setting and/or aerial and other photos of the site;

10.

Proposed development schedule and any plans to phase development;

11.

Resulting type of ownership, plans to rent [or] sell and type of ownership planned for common areas;

12.

Site maps with graphic scale and north arrow, and topography shown at five-foot intervals, water bodies, critical areas, and important natural features including rock outcroppings, steep slopes, and flood hazard areas;

13.

Location and function of all buildings, including heights, nearest setbacks and closest distance between structures;

14.

Location and measurement, where applicable, of other proposed improvements;

15.

Preliminary landscape diagram identifying use areas, general types of landscape treatment, and areas of irrigated versus drought tolerant vegetation;

16.

Tree survey indicating location of all native trees measuring eight-inch caliper or greater measured four feet from ground and identifying inventoried trees to be removed and to be protected;

17.

Preliminary grading plan showing areas of substantial grading or recontouring;

18.

Any additional information required by staff and planning commission as necessary to evaluate the character and impact of the proposed MU-PUD development;

19.

Initial lighting diagram indicating areas of the site to be lighted at night and a qualitative discussion of the type of lighting planned for those areas;

20.

Record of neighborhood meeting, if required;

21.

Standards which applicant requests be modified and reasons for the modification; and

22.

Applicant's proposed conditions of approval.

C.

If the proposed site is within shoreline management jurisdiction an application for shoreline substantial development permit along with any other permits required, such as a flood plain permit or other local, state, or federal permits shall be filed.

D.

An environmental checklist shall be completed.

E.

A completed application shall be evaluated by staff, including emergency personnel, and it shall be reviewed at a public hearing held by the planning commission. If an environmental impact statement is required the final EIS shall be available for at least ten days before the hearing on the proposal.

F.

Site Grading and Clearing. Grading and site clearing in preparation for planned development shall not commence prior to approval of a preliminary master plan. This requirement is necessary to ensure that all necessary erosion control measures are in place prior to disturbance and is intended to limit disturbance to that necessary to accommodate the approved planned development.

G.

Planning commission recommendation shall be forwarded to the city council for review on the record. City staff and the applicant shall be available. Staff may provide supplemental information and to respond to questions from the city council. The city council may approve the preliminary plat with some or all of the planning commission's recommended conditions, and may impose additional conditions. The city council may remand the application to the planning commission to address specific articulated concerns of the city council and/or the council's proposed changes to the preliminary plat and/or conditions. The council may deny the application upon findings of noncompliance with applicable standards. The city council may direct staff or the city attorney to draft proposed form of findings and decision for review and consideration as specified at regularly scheduled council meeting not more than six weeks hence.

H.

If the preliminary plat is approved, the applicant shall have three years to submit the binding site plan in accordance with [Chapter 16.15]. If a binding site plan cannot be recorded within three years, the applicant shall make written request for extension prior to the close of the three year recording period, and may be granted an additional year upon demonstration of good faith effort to file the site plan. Evaluation of requested extensions will include consideration of whether land use regulations affecting the application have changed since the decision was originally made.

I.

If the development is phased the final binding site plans and plat for each phase may be reviewed independently in accordance with the approved time frame.

J.

A binding site plan of a MU-PUD and all accompanying documents, together with CC&Rs approved by the city attorney, binding the site to development in accordance with all the terms and conditions of approval shall be recorded by the county auditor, at the applicant's expense.

(Ord. No. 2012-11-905, 11-26-2012)

A MU-PUD applicant shall pay for all costs incurred by the city in processing the MU-PUD application including legal, engineering and planning costs. In addition, the city may require engineering or transportation studies or plans which shall be provided at applicant's expense. No building permits shall be issued until all such fees have been paid and all approval requirements and conditions have been satisfied. An initial deposit to cover estimated costs shall be paid by applicant prior to the city's processing of the MU-PUD application.

(Ord. No. 2012-11-905, 11-26-2012)

Smaller housing units on smaller lots (cottage development) within a mixed use planned unit development are a special use, subject to the following site and structural requirements.

A.

Purpose. The purpose of this section is to:

1.

Provide opportunities for ownership of small, detached dwelling units within a mixed use planned unit development close to or in a commercial area;

2.

Encourage creation of more usable open space for residents and businesses in the development through flexibility in density and lot standards;

3.

Further the goal of efficient use of urban residential land and public facilities; and

4.

Provide guidelines to ensure compatibility with surrounding land uses.

B.

Special Site Requirements for Cottage Dwellings. The site requirements applicable to cottage development within a MU-PUD are intended to define design parameters of cottages to achieve compatibility with existing and permitted adjacent uses. Density increases and design standards applicable to cottage development are only applicable in that portion of the MU-PUD that accommodates cottages.

1.

Floor Area Allowances. To ensure that the overall size, including bulk and mass of cottage structures and cottage housing developments remain smaller and create less visual and physical impact than standard sized single-family dwellings that are required to be located on larger lots, the following floor area limitations shall apply to cottage housing. Two types of housing development are provided for to allow for a mixture of building sizes and footprints, while anticipating and addressing the varied impacts from each housing type.

Floor area is measured to the outside wall on the ground floor including the stairs (building footprint). Floor area includes all upper floor area with a ceiling height of six feet or more not including the stairs which are counted as part of the ground floor.

Some units may be allowed to exceed the upper floor area ratio if the average of the upper floor areas for all cottages in a cluster does not exceed sixty percent of the ground floor areas in the cluster. Approval of this variation in the standard is not subject to variance criteria and does require a finding that the variation of the standard provides for design flexibility that improves the appearance of and spatial relationships between structures in the cottage cluster.

2.

Lot Coverage and On Site Stormwater Development Techniques. Lot coverage is limited to no more than forty-five percent impervious surface area. Impervious surfaces include driveways, building footprints, sidewalks, paved parking, compact gravel, and other surfaces that do not allow rain to percolate into the soil. NOTE: un-compacted gravel surfaces or pervious pavers may be demonstrated to be partially pervious using a professionally accepted methodology. If this calculation is prepared by the applicant's engineer and approved by the city public works director, the graveled or permeable paved surface shall be counted in the lot coverage figure in accordance with its relative permeability, e.g., if a graveled path is demonstrated to be fifteen percent permeable then eighty-five percent of the graveled path area would be counted in the impervious surface calculation. The purpose of this requirement is to help insure that surface and stormwater are contained on site.

Stormwater low impact development techniques that encourage the natural treatment and infiltration of stormwater to mimic pre-development site conditions shall also be employed. Examples of low impact development techniques include directing stormwater to landscape areas with amended soils or into improved drainage areas under porches or eaves, green or living roofs, the use of pervious pavers, and retention of existing mature trees. Aggressive employment of stormwater low impact development techniques may allow for additional lot coverage if an applicant develops a project design that demonstrates the ability to handle surface and stormwater in common areas without limiting the community or public benefits of the established common areas. Private areas may also be relied on for stormwater infiltration if determined to be adequately protected by easement to ensure the continued availability of these areas as infiltration areas.

An on-site stormwater analysis shall be performed by a qualified, Washington licensed professional engineer, considering at a minimum a twenty-five year storm event of fifteen minutes duration. The stormwater control plan shall be approved by the director of public works and shall provide for the on site collection, containment and release of stormwater such that it will not have a deleterious impact to other properties, public or private. All improvements shall be inspected by the public works director prior to completion. The applicant's licensed engineer shall provide a minimum of two sets of infrastructure "as built" drawings and confirm that all stormwater infrastructure was constructed as per approved design.

3.

Cluster Sizes. A minimum of four and a maximum of ten cottage units clustered and focused on a shared common area must be developed to use cottage development density and standards.

More than a single ten unit cluster may be permitted under cottage development standards but separate points of focus (e.g., common areas, parking facilities, meeting rooms or recreational elements) must be provided for each cluster. Special setbacks or buffer areas may be required between clusters if deemed necessary to insure compatibility with surrounding development or adequate separation of cluster communities.

4.

Heights. To insure heights are in scale with smaller lots and smaller structures allowed in a cottage development the following height limits shall be employed. Standard height limit for cottage dwellings and accessory structures shall be eighteen feet. Cottage dwellings having a minimum roof pitch of 6:12 may be permitted a maximum height of twenty-five feet to allow second story living area partially under roofline and dormers.

Cottage heights shall be measured from the average grade along each side of the structure to the top of roof. A small portion of a cottage may be allowed to exceed cottage height limits up to the height limit allowed in the underlying zone or twenty-eight feet whichever is less. This allowance may be allowed for an area of the structure not to exceed fifteen percent of the building footprint

5.

Common Areas, Open Space and Facilities. Common area shall be provided in accordance with the general MU-PUD requirements (this section). Densities allowed through cottage development require that common areas provide some of the amenities and open area that would be provided for on individual lots in standard single-family developments. In addition to the requirements for a general MU-PUD; common areas, open space and facilities, in cottage developments shall be located to provide shared focal points and amenities for each cottage development cluster.

6.

Max Densities in Cottage Clusters. The number of dwelling units permitted in a cottage development cluster within a MU-PUD may be increased above the permitted single-family density as follows:

a.

R-2 two-family residential zone may be increased to two hundred percent of the single-family density permitted in the underlying zone.

b.

RMH-residential mobile home zone may be increased to two hundred percent of the single-family density in the R-2 zone.

c.

R-3 multifamily residential zone may be increased to two hundred twenty-five percent of the single-family density permitted in the underlying zone.

NOTE: Minimum lot sizes for cottage development will be minimized. The minimum lot sizes will be the product of compliance with all other standards and criteria applicable to the cottage development as a special use within a MU-PUD.

7.

Setbacks. The emphasis of cottage development is to provide for development that focuses on and benefits from useful common areas. For this reason peripheral setbacks (generally the side and rear yard areas) may be minimized to allow for a more useful yard area (generally the front yard) oriented to benefit from common area, open space and facilities.

a.

Cottage dwellings and their accessory structures must meet setbacks or yard requirements for single-family detached development in the zone in which they are located with respect to the outside perimeter of the MU-PUD.

b.

Setback averaging may be used to meet the front or rear yard setback from the outer perimeter of the MU-PUD but front and rear yard setbacks shall not be less than ten feet from the outer perimeter of the MU-PUD.

c.

Cottage dwellings and their accessory structures must meet the following set backs from lot lines through the interior of the MU-PUD:

* Setbacks assume parking takes place in a separate parking area. A minimum eighteen foot driveway length shall be maintained inside of curb and sidewalk if a driveway curb cut is provided for parking immediately adjacent to a cottage dwelling. This shall be done to eliminate the parking of vehicles on or over curbs or sidewalks and may require deeper yard areas than the minimums provided.

d.

Extensions of small storage or accessory structures into a peripheral setback may be approved as long as the extension does not exceed one hundred twenty square feet and the resulting building configuration is acceptable to the fire chief and is designed and constructed in accordance with all applicable fire codes.

8.

Parking and Covered Storage. Parking requirements are dependent on size of cottage dwelling units and whether or not street designs accommodate on street parking within the cottage development.

a.

The use of primarily commercial parking spaces within the cottage development to meet both commercial and residential parking requirements will be considered. If reasonable shared parking is available it may be allowed to substitute for undedicated parking requirements. The proximity of commercial parking within the cottage development to the locations served and likely timing of demand for shared parking spaces and availability of other on street parking within the cottage development will be considered.

b.

Parking location and screening shall be designed to accomplish the following:

i.

Ensure minimal visual impact to residents surrounding and within the MU-PUD. Screening may be accomplished by covering parking with a structure compatible with residential use (e.g., parking under pitched roof structure or under carriage house or studio/workshop area) or by relying on grading and landscaping;

ii.

Occupy the MU-PUD development site;

iii.

Be grouped to correspond with cottage clusters and avoid single large parking areas that are difficult to screen from view;

iv.

Avoid locating around the perimeter of the MU-PUD where parking areas are visible and out of character with surrounding residential development;

v.

Covered storage must be provided for cottage development when covered parking is not provided.

(Ord. No. 2012-11-905, 11-26-2012)

Accessory dwelling units (ADUs) include habitable living units provided in conjunction with a primary dwelling and meeting the basic requirements of shelter, heating, cooking and sanitation.

A.

Purpose:

1.

Provide homeowners with a means of obtaining through tenants in either the ADU or principal unit, rental income, companionship, security, and services.

2.

Add affordability options to the existing housing base.

3.

Allow for development of housing units in mixed use MU-PUDs that are appropriate for people at a variety of life stages.

4.

Protect neighborhood stability, property values, and the single-family residential appearance of the community by ensuring ADUs are installed under conditions of this ordinance.

B.

Approval Criteria for ADUs.

1.

The design and size of an ADU shall conform to all applicable building code standards and is subject to all structural permit requirements for a dwelling. Any modification of structural codes necessary to accomplish construction of an ADU must be granted by the building official responsible for structural review in the city.

2.

The ADU shall not exceed forty percent of the primary dwelling's floor area, nor more than eight hundred square feet.

3.

A maximum of two bedrooms may be provided in an ADU.

4.

An ADU may be developed in either an existing or new residence.

5.

A maximum of one ADU per regularly permitted detached single-family dwelling may be permitted. Lots reserving the right to add accessory dwelling units must be identified when the MU-PUD preliminary plan is submitted. For example: if the base zoning would allow five detached single-family dwellings at the development site, but the MU-PUD would allow for ten, only five ADUs may be developed. The lots reserving the five rights to develop an ADU must reserve that right through site plan review as recorded on the binding site plan. Construction of the ADU may be deferred until a later date after the MU-PUD has been completed and lots sold.

6.

Cottage development lots are not eligible for ADUs based on the minimal size of the individually owned parcels.

7.

Applicant must be able to demonstrate adequate public facilities to accommodate the projected number of residents.

8.

Any additions to an existing building shall not exceed the allowable lot coverage or encroach into existing setbacks.

9.

The ADU may be attached to or detached from the primary dwelling and must be designed to retain the appearance of a single residence to the greatest degree possible.

10.

The property owner must occupy either the primary dwelling or the ADU as their permanent residence for at least six months of any calendar year. The CC&Rs will specify that rent may be received only for the unit not occupied by the owner and must be verified by the city clerk-treasurer with a one-year lease signed by the owner and renter.

11.

One off street parking space, or the potential to create a parking space when the ADU is developed, must be provided for on the binding site plan. This parking space is in addition to spaces required for primary resident(s).

12.

To encourage development of housing for people with disabilities, the city may allow reasonable deviation from the stated requirements to accommodate features required to achieve accessibility in an ADU. Such accommodations shall be provided in accordance with the International Building Code (IBC).

C.

Review Process for ADUs in a Mixed Use MU-PUD.

1.

The right to construct an ADU shall be requested with submittal of the preliminary plan and recorded on the final binding site plan.

2.

Building permits are required for ADUs. If the ADU is not constructed during the development of the MU-PUD, the building permit applicant will be required to demonstrate compliance with the above standards prior to receiving land use approval on a building permit.

3.

A letter of application must be received from the owner(s) stating that the owner(s) shall occupy one of the dwelling units on the premises, except for bona fide temporary absences, not to exceed six months of any calendar year.

4.

A notarized acknowledgement signed by the owners, acknowledging the requirements for creating and maintaining an ADU in conjunction with the primary dwelling on the owner's parcel, shall be recorded with the county so that it is a matter of public record and will come to the attention of any future owners.

5.

An ADU may be cancelled by the owner filing a notarized certificate with the city for recording with the county making the termination of the ADU a matter of public record. Cancellation of an ADU may also result from enforcement action if land use approval for the ADU is withdrawn.

(Ord. No. 2012-11-905, 11-26-2012)

To provide for further compatibility with surrounding development, special uses allowed in a MU-PUD are subject to the following additional structural and design standards:

A.

Window and door trim with a minimum of three and one-half inches shall be provided on all special use dwelling units.

B.

Minimum roof eave depths of at least eighteen inches are also required for all special use dwelling units. Eaves are required along all sides of each special use structure unless a variation of this structural standard is accepted by the city through the MU-PUD process.

C.

Front porches having a minimum area of sixty square feet shall be provided for all cottage dwellings.

D.

Exterior lighting shall be minimized and may be allowed if shielded or hooded and directed downward so as to light only the intended area without shining into a neighboring house or business. All lighting shall be included on the required exterior lighting plan required with to complete a submittal.

E.

Exterior heating or cooling facilities shall be designed and sited to minimize the noise and visual impacts they can have on a site.

(Ord. No. 2012-11-905, 11-26-2012)

The MU-PUD ordinance and special use sections are created to support design innovation. Design standards and approval criteria provide essential guidance to applicants and administrators but not every circumstance can be anticipated in the drafting of standards and criteria. The city recognizes that cottages and ADUs, in particular, could be designed in alternate ways and still achieve the overall objectives of the special use standards. An applicant may request a variation to specific standards during special use MU-PUD review. A specific request for variation within a special use area is not subject to variance criteria. Approval of a specific variation can only be granted with findings that the specific variation requested provides for an equal or better way to meet the purpose of the written standard.

(Ord. No. 2012-11-905, 11-26-2012)

A.

Any planned unit development or other application utilizing special uses which allow smaller housing on smaller lots must hold and document a specially noticed neighborhood meeting as required by this title prior to completing the development application and before any public hearing is scheduled. The neighborhood meeting process is available to any applicant wishing to more fully explore a contentious application prior to completing their application for submittal and may be recommended by city staff during pre-application conference.

B.

The "neighborhood meeting" must meet the following requirements:

1.

Pre-notice identifying the time and place for discussion and providing sufficient description of intended project to allow neighborhood comment shall be mailed to property owners within three hundred feet a minimum of ten days prior to the meeting.

2.

The applicant is responsible for setting, noticing and documenting the presentation to and input received from the neighborhood meeting.

3.

The applicant must keep a record of all who attend the neighborhood meeting including their stated names and addresses.

4.

The applicant must notify the city a minimum of fourteen days prior to the meeting and allow for attendance of city staff or other representatives at the meeting.

5.

Post notice of the meeting shall be provided to participants by mail documenting the presentation and input received within thirty days following the neighborhood meeting.

6.

A record of the meeting shall be included with the applicant's completed application. The applicant shall include responses to input with the application or to identify where a proposal is modified to address neighborhood comments.

C.

A MU-PUD involving a special use dwelling type will follow the Mixed Use MU-PUD review process once a neighborhood meeting is held and a land use application completed.

(Ord. No. 2012-11-905, 11-26-2012)