The only accessory dwelling unit (ADU) bill still alive is one step away from a floor vote. If approved, it passes the Legislature.
As we reported on last week, SB 6617 is now limited in scope and provides an exception to the only surviving mandate. The bill:
- No longer applies to counties, only cities;
- Requires cities planning under the Growth Management Act (GMA) to adopt the following policy related to the provision of parking for ADUs by July 1, 2021:
- Off-street parking for ADUs cannot be required in areas that are within one-quarter of a mile of a major transit stop (rather than one-half of a mile in the previous version); and
- Exception: Unless the city has determined that the ADU is in an area with a lack of access to street parking capacity, physical space impediments, or other reasons supported by evidence that would make on-street parking infeasible.
- Limits the types of bus and other fixed-route service stops that qualify as major transit stops to those that are served every 15 minutes during peak hours of operation.
- Authorizes the following optional ADUs policies:
- Allow up to two attached or detached ADUs on all lots on which there is a single-family unit, duplex, triplex, fourplex, rowhouse, townhome, or apartment building—regardless of zoning district; and
- May remove requirements that the owner of a lot on which there is an ADU reside in or occupy the ADU or another housing unit on the lot.
- Provides that the adoption of the above ADU policies by cities planning under the GMA are exempt from appeals under the GMA and the State Environmental Policy Act (SEPA).
- Exception: Ordinances allowing ADUs on properties zoned such that single-family housing units are a nonconforming use are not exempt form SEPA appeal.
This is a significant improvement over previous versions, but it is still dictating how local land use decisions regarding ADUs are made. If you remain opposed to this preemption, now is the time to convey that to your House delegation.