Commission considers 'permitted limited' category to streamline ADUs, duplexes and conversions

Packet 2 of the planning department’s zoning text changes would create a new 'permitted subject to limited use standards' category in CD‑3 to streamline approval of accessory dwelling units (ADUs), duplexes and some multiple‑family conversions. Staff explained the change follows best practices recommending that non‑discretionary, objective standards be approved administratively when compliance can be checked with black‑and‑white criteria.

Key proposed changes include reducing the minimum ADU size from 400 square feet to 200 square feet to allow realistic conversions of small detached garages and increase ADU feasibility, capping ADUs at the lesser of 1,000 square feet or 40% of the principal dwelling, removing a problematic 40‑sq‑ft per occupant rule that conflicted with building code standards, and clarifying the distinction between ADUs and duplexes so ADUs remain smaller accessory units while duplexes are two similarly sized principal units.

For multiple‑family dwellings, staff proposed that conversions meet the same objective criteria used for new dwellings, but that new multiple‑family buildings remain subject to special‑use permit review unless the commission decides to permit them by right. Commissioners debated whether to retain discretionary review for new multiple‑family buildings or move to a fully permitted approach; staff said the primary reason for keeping some SUP review was to preserve discretionary oversight in cases with concerns like large parking lots in the middle of neighborhoods.

Commissioners discussed parking requirements for new multiple‑family units in CD‑3 and whether conversion standards should remain discretionary; staff offered that stricter, black‑and‑white standards would support moving conversions to permitted review while retaining SUP for large new buildings if commissioners prefer.