After several years of intense policy debate regarding how to promote the construction of accessory dwelling units (ADUs), with many disagreements about local control and preemption, AWC is pleased to see a voluntary and incentive-based approach come forward from Rep. Mia Gregerson (D–SeaTac) in HB 1337. As you will see below, the qualifications for access to the incentive are quite extensive, and the incentive structure may not be sufficient to balance such significant policy changes. AWC is asking the bill sponsor and proponents to loosen the qualifications. We appreciate the intent behind this approach and hope we can work together to find common ground.

According to the proposed bill, cities that adopt the following ADU policies will qualify for access to a first-come, first-served ADU incentive fund, seeded at one million dollars for the first year. Cities who can demonstrate that they have adopted the policies and have seen ADU construction “above the baseline” would be eligible for $10,000 per ADU.

To qualify for the incentive fund, a city must adopt three of the following four policies:

• No requirement for off-street parking for ADUs.
• No impact fees on ADUs.
• No owner occupancy requirements.
• Allow at least two ADUs on all lots in single family zoned districts.

A city must also adopt at least five of the following policies:

• No occupant limits on unrelated persons.
• No minimum gross floor area that exceeds the state building code.
• May not count the gross floor area of an ADU against floor-area-ratio limitations that apply to principal units.
• May not count indoor parking, unheated storage, or heated basements against the gross floor area ratio limits for ADUs.
• Must make the same allowances for ADU roof decks, balconies, and porches encroaching on setbacks that apply to the principal unit.
• Must allow encroachment on setbacks with written approval from the adjoining property owner so long as not contrary to local fire code.
• Must apply abutting lot setbacks to ADUs where the abutting zone has lower setback requirements.
• Must adopt model ADU architectural plans that are preapproved for permitting.
• Must establish an amnesty program to help owners of unpermitted ADUs receive a permit

In addition, a city would have to adopt all of the following policies:

• Must allow detached ADUs.
• Must allow an ADU on any lot that meets the minimum lot size required for the principal unit.
• Must allow attached ADUs on any lot with a principal unit that is nonconforming solely because the lot is smaller than the minimum size, if the ADU would not increase nonconformity of the residential use with respect to building height, bulk, or lot coverage.
• May not establish a maximum gross floor area requirement for ADUs that are less than 1,000 sq. ft. or 60 percent of the principal unit, whichever is greater, or that exceeds 1,200 sq. ft.
• May not establish roof height limits, setback requirements, rear yard coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for ADUs that are more restrictive than those for principal units.
• Must allow detached ADUs to be sited on a lot line if the lot line abuts a public alley, unless the city or county routinely plows snow on the public alley.
• Must allow ADUs to be converted from existing structures, including detached garages, even if they violate current code requirements for setbacks or lot coverage.
• May not prohibit the sale of the ADU separately from the principal unit, if converted to a condominium, solely on the basis that the structure was originally built as an ADU.
• May not charge higher permitting or plan review fees than for a project of similar value or square footage as a principal unit.
• May not require public street improvements as a condition of permitting ADUs.
• May not require new or separate utility connections between an ADU and a utility unless site conditions make it unavoidable. Costs must be proportionate to burden, not exceed reasonable cost, and be consistent with appropriate water plans.

Date to remember

HB 1337 is scheduled for public hearing in the House Local Government Committee on Wednesday, February 3 at 10 am.