Those who were wondering if we would see another attempt to preempt cities to promote accessory dwelling units (ADUs) this legislative session, you can wonder no longer. SB 5235 by Sen. Sharon Shewmake (D–Bellingham) and its companion, HB 1276 sponsored by Rep. Gerry Pollet (D–Seattle), closely mirror a proposal from last year (HB 1660), one which cities registered significant concerns.

SB 5235 mandates that by the time of their next comprehensive plan update, cities:

• May not prohibit the construction of ADUs on residentially zoned lots.
• May not require any owner occupancy requirements unless:
  • the ADU is used as a short-term rental, or
  • the city offers a waiver or reduction of impact fees and costs associated with ADUs if they are “offered at or below 80% of the area median income.”
• May not require off-street parking requirements for any ADU within ¼ mile of a major transit stop (rail, bus rapid transit, regular bus operating at least every 15 minutes for five peak hours).  Cities are authorized to make specific findings to allow for on-site parking.
• Must allow at least one attached and one detached ADU on all residentially zoned lots larger than 4,500 square feet, further requiring two additional dwelling units if the original zoning allowed two units. If the lot already allows three units, it does not have to further densify.
• Must allow at least one attached or detached ADU on all residential lots smaller than 4,500 square feet.
• May not prohibit the sale of a condominium unit solely because the unit was originally built as an ADU, so long as it is independently connected to utilities.
• Must not apply development regulations that are more restrictive than those for detached single-family construction.

The bill does reserve some areas for continued regulation by cities, including:

• Generally applicable development regulations.
• Public health, safety, building code, and environmental permitting requirements.
• Prohibition on ADUs that are not connected to public sewers.
• Prohibition on restriction of ADUs in zones with less than one unit per acre density that are within areas designated as wetlands, fish and wildlife habitat, floodplains, or geologically hazardous areas.

Additional elements include:

• Cities are authorized to waive or defer fees, impact fees, tax payments or specific regulations, but only if the ADU is subject to binding covenants that the ADU will not be regularly used as a short-term rental.
• Restricts future private covenants from limiting or restricting ADUs and attempts to indemnify cities from civil liability for approving an ADU that runs counter to a covenant entered after the passage of this proposal which contains unenforceable provisions.

Please share any feedback with Carl Schroeder and Shannon McClelland.

Date to remember

SB 5235 will be heard on Thursday, January 19 at 10:30 am in the Senate Local Government, Land Use & Tribal Affairs Committee.