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2023-12-13 Planning Board Packet1. 2. 3. 4. S. 6. 7. 8. 9 OF EDA,,G v ti Agenda Edmonds Planning Board REGULAR MEETING BRACKETT ROOM 121 5TH AVE N, CITY HALL- 3RD FLOOR, EDMONDS, WA 98020 DECEMBER 13, 2023, 7:00 PM REMOTE MEETING INFORMATION: Meeting Link: https://edmondswa- gov.zoom.us/s/87322872194?pwd=WFdxTWJIQmxITG9LZkc3 KOhuS014QT09 Meeting ID: 873 2287 2194 Passcode:007978 This is a Hybrid meeting: The meeting can be attended in -person or on-line. The physcial meeting location is at Edmonds City Hall 121 5th Avenue N., 3rd floor Brackett R000m Or Telephone :US: +1 253 205 0468 LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. CALL TO ORDER APPROVAL OF MINUTES A. 8125 : Approval of Minutes ANNOUNCEMENT OF AGENDA AUDIENCE COMMENTS A. For topics not scheduled for a public hearing. Please limit your comments to 3 minutes. PUBLIC HEARINGS UNFINISHED BUSINESS NEW BUSINESS A. Code Amendment for Implementation of Detached Accessory Dwelling Units in accordance with HB 1337 — "Expanding housing options by easing barriers to the construction and use of accessory dwelling units." B. Election of Officers for 2024 C. Discuss Planning Board's January 16 Presentation at Council SUBCOMMITTEE REPORTS PLANNING BOARD EXTENDED AGENDA Edmonds Planning Board Agenda December 13, 2023 Page 1 A. 8131 : December 13 Extended Agenda 10. PLANNING BOARD CHAIR COMMENTS 11. PLANNING BOARD MEMBER COMMENTS 12. ADJOURNMENT Edmonds Planning Board Agenda December 13, 2023 Page 2 Planning Board Agenda Item Meeting Date: 12/13/2023 Approval of Minutes Staff Lead: Mike Clugston Department: Planning & Development Prepared By: Michelle Martin Background/History Approve minutes from November 29th meeting. Staff Recommendation N/A Narrative November 29th meeting minutes attached. Packet Pg. 3 7.A Planning Board Agenda Item Meeting Date: 12/13/2023 Code Amendment for Implementation of Detached Accessory Dwelling Units in accordance with HB 1337 — "Expanding housing options by easing barriers to the construction and use of accessory dwelling units." Staff Lead: Rose Haas Department: Planning Division Prepared By: Rose Haas Background/History Accessory dwelling units provide additional affordable housing options within existing single-family neighborhoods. Edmonds has allowed accessory dwelling units (ADUs) since 2000 but only when they are in or attached to a primary residence (ECDC 20.21). In 2021, the Citizens' Housing Commission stated the following policy recommendation for updating the ADU code to include detached accessory dwelling units (DADUs): Allow either one attached or detached accessory unit on a property in the SFR area, with clear and definitive development requirements such as size, ownership, and parking, under the standard permitting process and not require a conditional use permit. That work is consistent with the Housing Element in the current Comprehensive Plan which recommends the following strategy to promote affordable housing: The City [should substantially revise] its accessory dwelling regulations, providing clearer standards and streamlining their approval as a standard option for any single family lot (2020 Comprehensive Plan, p. 92). In the spring of 2023, the state legislature passed HB 1337 which requires jurisdictions like Edmonds to update their development codes to allow for DADUs and make related code changes to make it easier to create accessory dwelling units (Attachment 1). State legislation mandates that HB 1337 must be implemented no later than six months after the next Comprehensive Plan due date, or by June 30, 2025. The requirements for the City of Edmonds will be as follows: Allow two ADUs per lot (any configuration of ADU and DADU). No owner -occupancy requirements. Allow separate sale of ADUs. No parking required within a half -mile of a major transit stop, as defined in RCW 36.70A.696(8). Maximum size limitation no less than 1,000sf. Packet Pg. 4 7.A Allow DADUs to be sited at a rear lot line, the lot line abuts a public alley. No setback requirements, yard coverage limits, tree retention mandates, restrictions on entry door locations, or aesthetic requirements that are more restrictive than for the principal unit. Allow ADUs of at least 24-feet in height. While work on updating the Comprehensive Plan continues, changes to the accessory dwelling unit code can be made now using existing City policy guidance and the ADU guidance provided by the Department of Commerce in Attachment 2. Staff Recommendation Staff will introduce the code amendment project. No action is required by the Planning Board, but staff requests feedback on the project. For next steps, the topic will be discussed at Planning Board on January 10, 2023, with a public hearing tentatively scheduled for January 24, 2024. The intent is to have full Council work on the amendment in Q1 of 2024. Narrative HB 1337 has specific requirements for accessory dwelling units that must be met, but staff recommends, not only allowing for DADUs but also modernizing the existing ADU code in ECDC 20.21. The core obiectives are to: 1. Allow DADUs in the City of Edmonds. 2. Align with HB 1337 in terms of development standards. 3. Provide clear and objective guidance for those who choose to add ADUs or DADUs to their property. 4. Provide code standards for height, floor area, parking, utilities, etc. To provide additional context for this work, accessory dwelling unit guidance from the AARP is included as Attachment 3. Attachments: Attachment 1 - Engrossed House Bill 1337 Attachment 2 - Washington Department of Commerce Guidance Attachment 3 - AARP Best Practices Packet Pg. 5 7.A.a CERTIFICATION OF ENROLLMENT ENGROSSED HOUSE BILL 1337 Chapter 334, Laws of 2023 (partial veto) 68th Legislature 2023 Regular Session GROWTH MANAGEMENT ACT —ACCESSORY DWELLING UNITS —URBAN GROWTH AREAS EFFECTIVE DATE: July 23, 2023 Passed by the House April 14, 2023 Yeas 85 Nays 11 LAURIE JINKINS Speaker of the House of Representatives Passed by the Senate April 6, 2023 Yeas 39 Nays 7 DENNY HECK President of the Senate Approved May 8, 2023 1:13 PM with the exception of section 5, which is vetoed. JAY INSLEE Governor of the State of Washington CERTIFICATE I, Bernard Dean, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is ENGROSSED HOUSE BILL 1337 as passed by the House of Representatives and the Senate on the dates hereon set forth. BERNARD DEAN Chief Clerk FILED May 10, 2023 Secretary of State State of Washington Packet Pg. 6 7.A.a 1 2 3 4 5 6 7 8 ENGROSSED HOUSE BILL 1337 AS AMENDED BY THE SENATE Passed Legislature - 2023 Regular Session State of Washington 68th Legislature 2023 Regular Session By Representatives Gregerson, Barkis, Berry, Christian, Duerr, Fitzgibbon, Taylor, Ramel, Reeves, Simmons, Walen, Graham, Bateman, Reed, Lekanoff, Doglio, Tharinger, Cortes, Macri, and Stonier Read first time 01/16/23. Referred to Committee on Housing. AN ACT Relating to expanding housing options by easing barriers to the construction and use of accessory dwelling units; amending RCW 36.70A.696, 43.21C.495, and 36.70A.280; adding new sections to chapter 36.70A RCW; adding a new section to chapter 64.34 RCW; adding a new section to chapter 64.32 RCW; adding a new section to chapter 64.38 RCW; adding a new section to chapter 64.90 RCW; creating a new section; and repealing RCW 35.63.210, 35A.63.230, 36.70A.400, 36.70.677, and 43.63A.215. 9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 10 11 12 13 14 15 16 17 18 19 20 21 NEW SECTION. Sec. 1. (1) The legislature makes the following findings: (a) Washington state is experiencing a housing affordability o crisis. Many communities across the state are in need of more housing r_ for renters across the income spectrum. r (b) Many cities dedicate the majority of residentially zoned land to single detached houses that are increasingly financially out of reach for many households. Due to their smaller size, accessory Q dwelling units can provide a more affordable housing option in those m single-family zones. E (c) Localities can start to correct for historic economic and r racial exclusion in single-family zones by opening up these a p . 1 EH Packet Pg. 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 7.A.a neighborhoods to more diverse housing types, including accessory dwelling units, that provide lower cost homes. Increasing housing 0) options in expensive, high -opportunity neighborhoods will give more S families access to schools, parks, and other public amenities o otherwise accessible to only the wealthy. c (d) Accessory dwelling units are frequently rented below market 4) rate, providing additional affordable housing options for renters. Q (e) Accessory dwelling units can also help to provide housing for very low-income households. More than 10 percent of accessory dwelling units in some areas are occupied by tenants who pay no rent o at all; among these tenants are grandparents, adult children, family c members with disabilities, friends going through life transitions, w and community members in need. Accessory dwelling units meet the _ E m needs of these people who might otherwise require subsidized housing space and resources. o (f) Accessory dwelling units can meet the needs of Washington's w growing senior population, making it possible for this population to m E age in their communities by offering senior -friendly housing, which E prioritizes physical accessibility, in walkable communities near a amenities essential to successful aging in place, including transit m v and grocery stores, without requiring costly renovations of existing co housing stock. 0 CD o (g) Homeowners who add an accessory dwelling unit may benefit M N from added income and an increased sense of security. N (h) Accessory dwelling units provide environmental benefits. On Q average they are more energy efficient than single detached houses, M r and they incentivize adaptive reuse of existing homes and materials. _ m (i) Siting accessory dwelling units near transit hubs, employment y centers, and public amenities can help to reduce greenhouse gas 3 = emissions by increasing walkability, shortening household commutes, and curtailing sprawl. o (2) The legislature intends to promote and encourage the creation a w of accessory dwelling units as a means to address the need for r additional affordable housing options. Q Sec. 2. RCW 36.70A.696 and 2021 c 306 s 2 are each amended to read as follows: The definitions in this section apply throughout RCW (())L 36.70A.698, and sections 3 and 4 of this act context clearly requires otherwise. CrAIMINWISOM unless the p. 2 EH Packet Pg. 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 7.A.a (1) "Accessory dwelling unit" means a dwelling unit located on the same lot as a single-family housing unit, duplex, triplex, 0) townhome, or other housing unit. S (2) "Attached accessory dwelling unit" means an accessory o dwelling unit located within or attached to a single-family housing c unit, duplex, triplex, townhome, or other housing unit. (3) "City" means any city, code city, and town located in a Q county planning under RCW 36.70A.040. (4) "County" means any county planning under RCW 36.70A.040. r (5) "Detached accessory dwelling unit" means an accessory m o dwelling unit that consists partly or entirely of a building that is c separate and detached from a single-family housing unit, duplex, w triplex, townhome, or other housing unit and is on the same property. _ E m (6) "Dwelling unit" means a residential living unit that provides E complete independent living facilities for one or more persons and o 4- that includes permanent provisions for living, sleeping, eating, cooking, and sanitation. m E (7) "Gross floor area" means the interior habitable area of a E dwelling unit including basements and attics but not including a a garage or accessory structure. m v "Major transit stop" means: o0 (a) A stop on a high capacity transportation system funded or 0 o expanded under the provisions of chapter 81.104 RCW; M c (b) Commuter rail stops; N (c) Stops on rail or fixed guideway systems, including Q transitways; M r (d) Stops on bus rapid transit routes or routes that run on high = m occupancy vehicle lanes; or y 3 (e) Stops for a bus or other transit mode providing actual fixed = route service at intervals of at least fifteen minutes for at least five hours during the peak hours of operation on weekdays. ( (+8+) ) 9) "Owner" means any person who has at least 50 percent ownership in a property on which an accessory dwelling unit is located. ((+9})) (10) "Principal unit" means the single-family housing unit, duplex, triplex, townhome, or other housina unit located on the same lot as an accessory dwelling unit. (11) "Short-term rental" means a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion p. 3 EH Packet Pg. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 7.A.a thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights. NEW SECTION. Sec. 3. A new section is added to chapter 36.70A c RCW to read as follows: c (1)(a) Cities and counties planning under this chapter must adopt or amend by ordinance, and incorporate into their development < s regulations, zoning regulations, and other official controls the s c requirements of this section and of section 4 of this act, to take effect six months after the jurisdiction's next periodic 4 comprehensive plan update required under RCW 36.70A.130. (b) In any city or county that has not adopted or amended i ordinances, regulations, or other official controls as required under E c this section, the requirements of this section and section 4 of this act supersede, preempt, and invalidate any conflicting local 4 development regulations. i c (2) Ordinances, development regulations, and other official i controls adopted or amended pursuant to this section and section 4 of this act must only apply in the portions of towns, cities, and c counties that are within urban growth areas designated under this chapter. d c (3) Any action taken by a city or county to comply with the c r requirements of this section or section 4 of this act is not subject r to legal challenge under this chapter or chapter 43.21C RCW. (4) Nothing in this section or section 4 of this act requires or ` r authorizes a city or county to authorize the construction of an r accessory dwelling unit in a location where development is restricted = a under other laws, rules, or ordinances as a result of physical proximity to on -site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property. c (5) Nothing in this section or in section 4 of this act prohibits i a city or county from: s u (a) Restricting the use of accessory dwelling units for short- term rentals; E (b) Applying public health, safety, building code, and c environmental permitting requirements to an accessory dwelling unit that would be applicable to the principal unit, including regulations c to protect ground and surface waters from on -site wastewater; E s (c) Applying generally applicable development regulations to the construction of an accessory unit, except when the application of ` p . 4 EH Packet Pg. 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 7.A.a such regulations would be contrary to this section or to section 4 of this act; _ s (d) Prohibiting the construction of accessory dwelling units on lots that are not connected to or served by public sewers; or c (e) Prohibiting or restricting the construction of accessory dwelling units in residential zones with a density of one c dwelling unit per acre or less that are within areas designated as wetlands, < fish and wildlife habitats, flood plains, or geologically s hazardous s areas. c w NEW SECTION. Sec. 4. A new section is added to chapter 36.70A RCW to read as follows: (1) In addition to ordinances, development regulations, and other official controls adopted or amended to comply with this section and section 3 of this act, a city or county must comply with all of the following policies: (a) The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit; (b) The city or county may not require the owner of a lot on which there is an accessory dwelling unit to reside in or occupy the accessory dwelling unit or another housing unit on the same lot; (c) The city or county must allow at least two accessory dwelling units on all lots that are located in all zoning districts within an urban growth area that allow for single-family homes in the following configurations: (i) One attached accessory dwelling unit and one detached accessory dwelling unit; (ii) Two attached accessory dwelling units; or (iii) Two detached accessory dwelling units, which may be comprised of either one or two detached structures; (d) The city or county must permit accessory dwelling units in structures detached from the principal unit; (e) The city or county must allow an accessory dwelling unit on any lot that meets the minimum lot size required for the principal unit; (f) The city or county may not establish a maximum gross floor area requirement for accessory dwelling units that is less than 1,000 square feet; p. 5 EH packet Pg. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 7.A.a (g) The city or county may not establish roof height limits on an accessory dwelling unit of less than 24 feet, unless the height 0) limitation that applies to the principal unit is less than 24 feet, S in which case a city or county may not impose roof height limitation o on accessory dwelling units that is less than the height limitation c that applies to the principal unit; (h) A city or county may not impose setback requirements, yard Q coverage limits, tree retention mandates, restrictions on entry door locations, aesthetic requirements, or requirements for design review for accessory dwelling units that are more restrictive than those for o principal units; c (i) A city or county must allow detached accessory dwelling units to be sited at a lot line if the lot line abuts a public alley, E m unless the city or county routinely plows snow on the public alley; E (j) A city or county must allow accessory dwelling units to be o 4- converted from existing structures, including but not limited to detached garages, even if they violate current code requirements for m E setbacks or lot coverage; E (k) A city or county may not prohibit the sale or other a conveyance of a condominium unit independently of a principal unit m v solely on the grounds that the condominium unit was originally built co as an accessory dwelling unit; and 0 o (1) A city or county may not require public street improvements M c as a condition of permitting accessory dwelling units. N (2)(a) A city or county subject to the requirements of this Q section may not: M r (i) Require off-street parking as a condition of permitting = m development of accessory dwelling units within one-half mile walking y distance of a major transit stop; 3 C x (ii) Require more than one off-street parking space per unit as a condition of permitting development of accessory dwelling units on o lots smaller than 6,000 square feet before any zero lot line a) w subdivisions or lot splits; and (iii) Require more than two off-street parking spaces per unit as r Q E a condition of permitting development of accessory dwelling units on lots greater than 6,000 square feet before any zero lot line ca Q subdivisions or lot splits. (b) The provisions of (a) of this subsection do not apply: m E (i) If a local government submits to the department an empirical r study prepared by a credentialed transportation or land use planning w. a p . 6 EH packet Pg. 12 1 2 3 4 5 6 7 8 9 10 7.A.a expert that clearly demonstrates, and the department finds and certifies, that the application of the parking limitations of (a) of 0) _ this subsection for accessory dwelling units will be significantly less safe for vehicle drivers or passengers, pedestrians, or o bicyclists than if the jurisdiction's parking requirements were c applied to the same location for the same number of detached houses. 4) The department must develop guidance to assist cities and counties on Q M items to include in the study; or (ii) To portions of cities within a one mile radius of a commercial airport in Washington with at least 9,000,000 annual o 11 enplanements. 12 (3) When regulating accessory dwelling units, cities and counties 13 may impose a limit of two accessory dwelling units, in addition to 14 the principal unit, on a residential lot of 2,000 square feet or 15 less. 16 (4) The provisions of this section do not apply to lots 17 designated with critical areas or their buffers as designated in RCW 18 36.70A.060, or to a watershed serving a reservoir for potable water 19 if that watershed is or was listed, as of the effective date of this 20 section, as impaired or threatened under section 303(d) of the 21 federal clean water act (33 U.S.C. Sec. 1313(d)). 22 *NEW SECTION. Sec. 5. A new section is added to chapter 36.70A 23 RCW to read as follows: 24 To encourage the use of accessory dwelling units for long-term 25 housing, cities and counties may adopt ordinances, development 26 regulations, and other official controls which waive or defer fees, 27 including impact fees, defer the payment of taxes, or waive specific 28 regulations. Cities and counties may only offer such reduced or 29 deferred fees, deferred taxes, waivers, or other incentives for the 30 development or construction of accessory dwelling units if: 31 (1) The units are located within an urban growth area; and 32 (2) The units are subject to a program adopted by the city or 33 county with effective binding commitments or covenants that the units 34 will be primarily utilized for long-term housing consistent with the 35 public purpose for this authorization. *Sec. 5 was vetoed. See message at end of chapter. 36 Sec. 6. RCW 43.21C.495 and 2022 c 246 s 3 are each amended to 37 read as follows: p . 7 EH packet Pg. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 7.A.a Adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by = s a city to implement: The actions specified in section 2, chapter 246, Laws of 2022 unless the adoption of such ordinances, development c regulations and amendments to such regulations, or other nonproject c actions has a probable significant adverse impact on fish habitat; and the increased residential building capacity actions identified in < s RCW 36.70A.600(1), with the exception of the action specified in RCW s s 36.70A.600(1)(f), are not subject to administrative or judicial appeals under this chapter. 4 (2) Adoption of ordinances, development regulations and amendments to such regulations, and other nonproject actions taken by s a city or county consistent with the requirements of sections 3 and 4 s of this act are not subject to administrative or judicial appeals = under this chapter. Sec. 7. RCW 36.70A.280 and 2011 c 360 s 17 are each amended to read as follows: (1) The growth management hearings board shall hear and determine only those petitions alleging either: (a) That, except as provided otherwise by this subsection, a state agency, county, or city planning under this chapter is not in compliance with the requirements of this chapter, chapter 90.58 RCW as it relates to the adoption of shoreline master programs or amendments thereto, or chapter 43.21C RCW as it relates to plans, development regulations, or amendments, adopted under RCW 36.70A.040 or chapter 90.58 RCW. Nothing in this subsection authorizes the board to hear petitions alleging noncompliance ((with RG' 36 qO 9°01)) based on a city or county's actions taken to implement the reauirements of sections 3 and 4 of this act within an urban arowth area; (b) That the ((may—)) 20-year growth management planning population projections adopted by the office of financial management pursuant to RCW 43.62.035 should be adjusted; (c) That the approval of a work plan adopted under RCW 36.70A.735(1)(a) is not in compliance with the requirements of the program established under RCW 36.70A.710; (d) That regulations adopted under RCW 36.70A.735(1)(b) are not regionally applicable and cannot be adopted, wholly or partially, by another jurisdiction; or P. 8 EH packet Pg. 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 7.A.a (e) That a department certification under RCW 36.70A.735(1)(c) is erroneous. (2) A petition may be filed only by: (a) The state, or a county or city that plans under this chapter; (b) a person who has participated orally or in writing before the county or city regarding the matter on which a review is being requested; (c) a person who is certified by the governor within ((may)) 60 days of filing the request with the board; or (d) a person qualified pursuant to RCW 34.05.530. (3) For purposes of this section "person" means any individual, partnership, corporation, association, state agency, governmental subdivision or unit thereof, or public or private organization or entity of any character. (4) To establish participation standing under subsection (2)(b) of this section, a person must show that his or her participation before the county or city was reasonably related to the person's issue as presented to the board. (5) When considering a possible adjustment to a growth management planning population projection prepared by the office of financial management, the board shall consider the implications of any such adjustment to the population forecast for the entire state. The rationale for any adjustment that is adopted by the board must be documented and filed with the office of financial management within ten working days after adoption. If adjusted by the board, a county growth management planning population projection shall only be used for the planning purposes set forth in this chapter and shall be known as the "board adjusted population projection." None of these changes shall affect the official state and county population forecasts prepared by the office of financial management, which shall continue to be used for state budget and planning purposes. NEW SECTION. Sec. S. A new section is added to chapter 36.70A RCW to read as follows: (1) By December 31, 2023, the department must revise its recommendations for encouraging accessory dwelling units to include the provisions of sections 3 and 4 of this act. (2) During each comprehensive plan review required by RCW 36.70A.130, the department must review local government comprehensive plans and development regulations for compliance with sections 3 and P. 9 EH packet Pg. 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 7.A.a 4 of this act and the department's recommendations under subsection (1) of this section. 0) NEW SECTION. Sec. 9. A new section is added to chapter 64.34 RCW to read as follows: (1) Except a declaration created to protect public health and safety, and ground and surface waters from on -site wastewater, a declaration created after the effective date of this section and applicable to a property located within an urban growth area may not impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under section 4 of this act. (2) For the purposes of this section, "urban growth area" has the same meaning as in RCW 36.70A.030. (3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction. NEW SECTION. Sec. 10. A new section is added to chapter 64.32 RCW to read as follows: (1) Except a declaration created to protect public health and safety, and ground and surface waters from on -site wastewater, a declaration created after the effective date of this section and applicable to a property located within an urban growth area may not impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under section 4 of this act. (2) For the purposes of this section, "urban growth area" has the same meaning as in RCW 36.70A.030. (3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction. NEW SECTION. Sec. 11. A new section is added to chapter 64.38 RCW to read as follows: P. 10 EH packet Pg. 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 7.A.a (1) Except governing documents of associations created to protect public health and safety, and ground and surface waters from on -site = A wastewater, governing documents of associations created after the effective date of this section and applicable to a property located c within an urban growth area may not impose any restriction or c prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban < s growth area is located would be prohibited from imposing under s c section 4 of this act. w c (2) For the purposes of this section, "urban growth area" has the 4 same meaning as in RCW 36.70A.030. (3) A city or county issuing a permit for the construction of an i accessory dwelling unit may not be held civilly liable on the basis c that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction. NEW SECTION. Sec. 12. A new section is added to chapter 64.90 RCW to read as follows: (1) Except declarations and governing documents of common interest communities created to protect public health and safety, and ground and surface waters from on -site wastewater, declarations and governing documents of common interest communities created after the effective date of this section and applicable to a property located within an urban growth area may not impose any restriction or prohibition on the construction, development, or use on a lot of an accessory dwelling unit that the city or county in which the urban growth area is located would be prohibited from imposing under section 4 of this act. (2) For the purposes of this section, "urban growth area" has the same meaning as in RCW 36.70A.030. (3) A city or county issuing a permit for the construction of an accessory dwelling unit may not be held civilly liable on the basis that the construction of the accessory dwelling unit would violate a restrictive covenant or deed restriction. NEW SECTION. Sec each repealed: (1) RCW 35.63.210 (2) RCW 35A.63.230 (3) RCW 36.70A.400 13. The following acts or parts of acts are (Accessory apartments) (Accessory apartments) (Accessory apartments) and 1993 c 478 s 8; E and 1993 c 478 s 9; r and 1993 c 478 s 11; a EH packet Pg. 17 1 2 3 7.A.a (4) RCW 36.70.677 (Accessory apartments) and 1993 c 478 s 10; and (5) RCW 43.63A.215 (Accessory apartment sDevelopment and as placement —Local governments) and 1993 c 478 s 7. . c Passed by the House April 14, 2023. Passed by the Senate April 6, 2023. Approved by the Governor May 8, 2023, with the exception of certain items that were vetoed. Filed in Office of Secretary of State May 10, 2023. Note: Governor's explanation of partial veto is as follows: "I am returning herewith, without my approval as to Section 5, Engrossed House Bill No. 1337 entitled: "AN ACT Relating to expanding housing options by easing barriers to the construction and use of accessory dwelling units." Section 5 of the bill gives local governments authority to waive or defer fees, defer payment of taxes, or waive other regulations for the development of accessory dwelling units (ADUs) if specified conditions are met. The specified conditions are that the ADU must be located within an urban growth area, and the ADU must be subject to a locally adopted covenant program ensuring that the ADU will be primarily utilized for long-term housing. Current law allows local governments to waive fees, taxes, and to establish various incentives for the construction of ADUs without requiring the creation of a local covenant program. The administrative costs necessary to administer a new covenant program for ADUs may cause some cities to discontinue current incentive programs. For these reasons I have vetoed Section 5 of Engrossed House Bill No. 1337. With the exception of Section 5, Engrossed House Bill No. 1337 is approved." --- END --- p. 12 EH packet Pg. 18 41R We strengthen communities t. * 6' SZE L1ul*dan e r Acce s sor Dwelling Units irj�'�'`` "Washington State'` GROWTH MANAGEMENT SERVICES v3.4 7.A.b Acknowledgments Washington State Department of Commerce Mike Fong, Director Mark Barkley, Local Government Division, Assistant Director Dave Andersen, Growth Management Services, AICP, Managing Director Editors Anne Aurelia Fritzel, AICP, Housing Programs Manager, Growth Management Services Catherine McCoy, Senior Planner, Growth Management Services Municipal Research and Services Center of Washington (MRSC) Contributors Steve Butler, FAICP, Planning & Policy Manager Ingrid de la Jara, Communications Manager Jill Dvorkin, Esq., Legal Consultant Helen Ippolito, Public Policy Intern Angela Mack, Graphic Designer Lisa Pool, AICP, Public Policy Consultant Oskar Rey, Esq., Legal Consultant Reviewers This publication was developed with support from the land use planners of Washington through Regional Planners' Forums; a panel at the 2022 Washington conference of the American Planning Association; Washington state agency review from the Department of Ecology, Department of Health, Department of Fish and Wildlife, Department of Natural Resources; and through other engagement opportunities. Disclaimer This publication offers guidance for Washington local governments in implementing HB 1337 (laws of 2023) and encourages the creation of new accessory dwelling units (ADUs). It does not constitute legal advice, and is not a substitute for the legal advice of an attorney. Users of this publication should contact their own legal counsel regarding their legal rights or any other legal issue. Also, many of the examples are from current municipal codes which may not yet be consistent with the provisions of HB 1337. Contact For additional information on the GMA housing programs, please visit the GMS Planning for Housing Webpage or contact Anne Fritzel, Housing Programs Manager: Anne. Fritzel@a commerce.wa.gov or 360-259-5216 1011 Plum St. SE P.O. Box 42525 Olympia, WA 98504-2525 www.commerce.wa.gov For people with disabilities, this report is available on request in other formats. To submit a request, please call 360-725-4000 (TTY 360-586-0772) GUIDANCE FOR ACCESSORY DWELLING UNITS IN WASHINGTON STATE, AUGUST 2023 Packet Pg. 20 7.A.b Table of Contents Introduction................................................................................................................................................ 4 Definitions................................................................................................................................................... 5 Legal History of ADU Policy in Washington State.......................................................................................... 6 Requirements for cities and urban growth areas........................................................................................... 8 1. Allow two ADUs per lot......................................................................................................................................... 8 2. Do not require owner occupancy .............................................. 3. Allow separate sale of ADUs..................................................... 4. Set off-street parking requirements consistent with HB 1337 5. Set maximum size limits at no less than 1,000 SF .................. 6. Reduce setbacks for ADUs (especially rear setbacks)............ 7. Limit use of design standards ................................................... 8. Allow ADUs of at least 24 feet in height ................................... 9. Reduce impact fees................................................................... 10. Other Fees and Exactions........................................................ 12 Recommendations for cities and other urban areas.....................................................................................22 1. Allow prefabricated units....................................................................................................................................22 2. Streamline ADU permitting processes............................................................................................................... 23 3. Offer incentives to encourage ADUs that are affordable to lower -income households ................................ 24 Key considerations for counties..................................................................................................................25 1. Unincorporated UGAs and LAMIRDs.................................................................................................................25 2. Rural and natural resource lands....................................................................................................................... 25 Other programmatic elements to consider..................................................................................................27 1. Address the use of ADUs as short-term rentals................................................................................................ 27 2. Provide user-friendly communication materials...............................................................................................28 3. Provide information on landlord -tenant laws for prospective ADU owners and ADU tenants ...................... 29 4. Provide information on ADU financing and funding programs........................................................................29 5. Create a program to encourage legalization of unpermitted ADUs................................................................ 30 6. Provide pre -approved ADU plans....................................................................................................................... 30 Appendix A: Additional examples and resources.........................................................................................31 Appendix B. Relevant GMHB cases for counties..........................................................................................35 Appendix C. Resources for programmatic elements....................................................................................36 Appendix D: Other ADU information and resources......................................................................................38 REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 21 7.A.b Introduction Allowing more accessory dwelling units (ADUs) encourages housing construction and increases the overall supply and variety of housing options, helping address the challenges posed statewide by insufficient housing HB 1337, passed in 2023, requires jurisdictions to allow two ADUs per lot within urban growth areas (UGAs) by six months after the next periodic update due date. The Washington State Department of Commerce (Commerce) presents this publication as an update to the agency's 1994 guidance to assist local governments in implementing this requirement. The objective is to provide information on the requirements, local policy choices, and examples of approaches for consideration by cities, towns, and counties, in accordance with the bill. This guidance is structured into the following sections: • Requirements for cities and other urban areas. • Recommendations for cities and other urban areas. • Key considerations for counties (rural and resource lands). • Other programmatic elements to consider. This document provides detail on the state law and local policy choices. Please note that throughout this document quoted state laws are bolded. Benefits of ADUs Construction of new ADUs has many benefits, including to: • Add to the diversity of housing options. • Provide a housing type that blends in well with existing low density residential neighborhoods. • Cater to our state's changing demographics, including more seniors and smaller household sizes. • Provide housing that is typically more affordable than traditional detached single-family homes. • Add housing units without expanding urban growth areas. • Correct historic economic and racial exclusion by opening up single-family neighborhoods to more diverse housing and household types. • Reduce climate impacts because ADUs tend to be smaller and use less energy than traditional single- family homes. • Use existing infrastructure such as sewer, water and streets. For these reasons, ADUs can be an effective and "gentle" way of helping to accommodate the state's growing population. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 22 7.A.b Definitions Local governments should review their development regulation definitions to ensure consistency with RCW 36.70A.696, as amended. This will help facilitate consistent implementation of these requirements and reduce the need for interpretation due to missing or outdated definitions. Accessory Dwelling Unit (ADU) A dwelling unit located on the same lot as a single- family housing unit, duplex, triplex, townhome or other housing unit. Attached ADU An ADU located within or attached to a single-family housing unit, duplex, triplex, townhome, or other housing unit. Detached ADU An ADU that consists partly or entirely of a building that is separate and detached from a single-family housing unit, duplex, triplex, townhome or other housing unit and is on the same property. Dwelling Unit A residential living unit that provides complete independent living facilities for one or more persons and that includes permanent provisions for living, sleeping, eating, cooking and sanitation. Exaffq is of Accesmy Dwelling Unds (ADUs) AOUa n OOt mr�� traidm m in OW AVA~ AV (rso 1 , A.artwd Aou (m msd&3nl A a d" AAU J r•r ~ o►40aw - . REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 23 7.A.b Basement attached ADU example, with attached ADU entrance on the side of the structure. Credit: Steve Butler. Legal History of ADU Policy in Washington State As required by the 1993 Washington Housing Policy Act, Commerce made recommendations to encourage development and placement of ADUs, published in 1994 as the Model ADU Ordinance Recommendations. The Act required cities of over 20,000 population and counties of over 125,000 population, planning under the Growth Management Act to incorporate the Commerce recommendations into their zoning and development regulations. To allow local flexibility, the recommendations were subject to local regulations, conditions, procedures, and limitations. In 2019, the state Legislature found that Washington State had a housing affordability crisis and sought to promote and encourage the creation of ADUs. Commerce offered a grant program' to encourage cities to adopt regulations to increase housing supply, including to: (1) authorize ADUs in one or more zoning district in which they are currently prohibited; (2) remove minimum parking requirements; (3) remove owner occupancy requirements; (4) adopt new square footage requirements that are less restrictive than existing requirements; and (5) develop a local program that offers homeowners a combination of financing, design, permitting or construction support to build ADUs.2 In 2020, the legislature adopted restrictions on how much off-street parking local governments could require for ADUs near transit stops. As a result, cities that fully plan under the GMA could not require off-street parking for ADUs within a quarter mile of a major transit stop, with certain limited exceptions.' In 2021, the legislature amended RCW 36.70A.070(2)4 to require all cities and counties that fully plan under the GMA to "consider the role of accessory dwelling units in meeting housing needs." In addition, Section 7 of the bill stated that cities and counties "should consider" certain policies to encourage the construction of ADUs. Governor Jay Inslee vetoed this section because it did not specifically limit the policies to lands within urban This is codified in RCW 36.70A.600. 2 RCW 36.70A.600(1)(n), (o), (p), (q) and (x), passed in 2019, and updated in 2020 to this current list of options. 3 RCW 36.70A.698 4 See HB 1220. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 24 7.A.b growth areas. The Governor's veto illustrates a fundamental point: While there is little doubt that local governments should encourage ADUs in cities and UGAs, very different considerations come into play with respect to county rural and resource lands. In 2023, HB 1337 amended RCW 36.70A to add significant changes to local government roles for regulating ADUs. Within urban growth areas, cities and counties: • Must allow two ADUs per residential lot. They may be attached, detached, or a combination of both, or may be conversions of existing structures. • May not require the owner to occupy the property, and may not prohibit sale as independent units. • May not charge more than 50% of impact fees charged for the principal unit. • Must allow an ADU of at least 1,000 square feet and must adjust zoning to be consistent with the bill for things such as height, setbacks, and other regulations. • Must set consistent parking requirements based on distance from transit and lot size. If a city or county does not amend its rules to be consistent with the law, the statute will "supersede, preempt and invalidate any conflicting local development regulations."' Other new provisions in HB 1337 • Actions taken by a city or county to comply with new requirements are exempt from legal challenge under GMA or SEPA.6 • Cities and counties are not required to authorize the construction of an ADU where development is restricted under rules as a result of physical proximity to on -site sewage system infrastructure, critical areas, or other unsuitable physical characteristics of a property.' • Cities and counties may restrict the use of ADUs for short term rentals.$ • Cities and counties may apply public health, safety, building code, and environmental permitting requirements to an ADU that would be applicable to the principal unit, including regulations to protect ground and surface waters from on -site wastewater.9 • ADUs are not required to be allowed on lots with critical areas, or around SeaTac airport.10 • Local governments are protected from civil liability if they issue a permit for an ADU on a lot with a covenant or deed restricting ADUs.11 5 RCW 36.70A.680(1)(b), RCW 36.70A.697(2) 6 RCW 36.70A.680(3) RCW 36.70A.680(4) 8 RCW 36.70A.680(5) 9 RCW 36.70A.680(5) 10 RCW 36.70A.681(2) and (4) 11 RCW 64.34.120(3) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 25 7.A.b Detached ADU/"Carriage House" in Portland. Credit: Radcliffe Dacannay, Radworld (Creative Commons). Requirements for cities and urban growth areas 1. Allow two ADUs per lot Allowing ADUs in residential neighborhoods creates additional housing options and gives homeowners greater flexibility by providing rental income or a place for they or their family members to age in place. State law Within urban growth areas, cities and counties must allow two ADUs on all lots in zoning districts that allow for single-family homes.12 The ADUs may be: • Two attached ADUs such as unit in a basement, attic, or garage; • One attached ADU and one detached ADU; or • Two detached ADUs, which may be comprised of either one or two detached structures. • A conversion of an existing structure, such as a detached garage.13 When lots are small Cities and counties must allow an ADU on any lot that meets the minimum lot size required for the principal unit.14 Minimum lot sizes set the base lot size for development as part of a subdivision process. To support more ADU development, local governments should reduce or eliminate minimum lot size requirements for 12 RCW 36.70A.681(1)(c) 13 RCW 36.70A.681(1)(i) 14 RCW 36.70A.681(1)(e) states that an ADU must be allowed if the lot meets minimum size for the principal unit. RCW 36.70A.681(3) states that cities and counties may set a limit of two ADUs, on a residential lot of 2,000 square feet or less. However, if two ADUs are allowed on lots that meet the minimum lot size, 2,000 SF is not generally going to be a standard lot size and may not have space for even one ADU. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 26 7.A.b ADUs with existing development and allow ADUs on all lots. Where lots are smaller than the minimum allowed by the zone, cities may choose to rely on the capacity of the lot, sewer, septic, parking, and landscaping or other regulations to set the limits on one or two ADUs. Examples • Enumclaw Municipal Code Sec. 19.34.050: Allows ADUs on lots of any size. • Kenmore Municipal Code Sec. 18.73.100: Does not require a minimum lot size for ADUs. • Renton Municipal Code Sec. 4-2-110C: Permits ADUs on lots 3,000 square feet or less. Restricted development locations Cities and counties are not authorized to allow construction of ADUs in locations where development is restricted under other laws, rules, or ordinances due to physical proximity to on -site sewage system infrastructure, critical areas or other unsuitable physical characteristics of a property.15 This includes critical areas protection standards, such as buffers and setbacks, as well as associated environmental permitting review and process requirements. In short, cities and counties should apply the same public health, safety, building code and environmental permitting requirements to an ADU that would be applicable to the principal unit, including regulations to protect ground and surface waters from on -site wastewater. The provisions of HB 1337 provide no authority to override local ordinances that address public health and safely. Cities and counties may restrict ADU development: • Within areas designated as critical areas (see below). • In shoreline areas so designated under a shoreline master program (see below). • On lots in a watershed serving a reservoir for potable water if that watershed is or was listed, as of July 1, 2023, as impaired or threatened under Section 303(d) of the federal Clean Water Act (33 U.S.C. Sec. 1313(d)).16 • In zones with a density of one dwelling unit per acre or less that are in critical areas, designated as wetlands, fish and wildlife habitats, flood plains, or geologically hazardous areas." Generally any zones with such low densities within UGAs are so designated to protect the critical area, so adding additional development in the form of an ADU is not consistent with this exception. • Within a mile radius of SeaTac airport." For areas without sewer • Cities/counties may prohibit ADUs on properties not served by sewers. • Septic and related wastewater rules to protect water -quality located in local health codes and 246-272A and -272B WAC continue to apply to on -site systems for ADUs. • The Department of Health expects attached ADUs to be more likely to be connected to the same septic system as the primary single family residence since they are easier to build compliant with Department of Health rules. The septic system needs to be designed to accommodate this additional wastewater flow. • Detached ADUs could, depending on local rules, be served by a separate septic system. The requirements, including horizontal setback and maximum density requirements of the rule(s) would apply. 15 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-planners-toolbox 16 RCW 36.70A.681(4) 17 RCW 36.70A.680(5) 18 RCW 36.70A.681(2) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 27 7.A.b In areas where sewers are likely to be built in the future, plan reviewers may want to take measures to accommodate the eventual conversion from septic systems to sewer. Critical areas Cities and counties shall limit ADU development as necessary to meet critical areas protection standards. All ADU development must be reviewed for consistency with critical area protection ordinance provisions, and shall only be allowed when consistent. Critical areas include: Wetlands, and fish and wildlife habitat conservation areas provide critical ecological functions. They are protected for their intrinsic values and no additional development is appropriate. Internal conversions of existing space to an ADU may be permissible, provided all other protections are observed. Floodplains and geologically hazardous areas are identified as hazard areas that may pose dangers to life safety and property. Most local jurisdictions allow some development in floodplains and geologically hazardous areas. However, the development must go through a detailed review process that provides analysis of the site -specific conditions and the proposed development, supported by reports from certified experts such as geologists and engineers. Critical aquifer recharge areas (CARAs), which are important to allow groundwater to recharge aquifers used for drinking water. In these areas, regulations generally protect against hazardous uses and ensure impervious surfaces do not restrict groundwater recharge. ADU development over CARAs may be allowed if it can be demonstrated they will not impact potable water. While ADUs shall be allowed in residential neighborhoods within the UGA, in geohazard and wetland areas they must be designed and located to avoid critical area impacts consistent with the mitigation sequence,19 which includes to: • Avoid the impact altogether by not taking a certain action or parts of an action. • Minimize impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts. • Rectify the impact by repairing, rehabilitating or restoring the affected environment. • Reduce or eliminate the impact over time through preservation and maintenance operations during the life of the action. • Compensate for the impact by replacing, enhancing, or providing substitute resources or environments. • Monitor the impact and taking appropriate corrective measures. Reasonable use exceptions Detached ADUs are not necessary for reasonable residential use within critical areas and should not be allowed within critical areas or their buffers under reasonable use exceptions. It may be possible to convert space within existing homes to create an ADU if no new exterior construction, expansion of the footprint or additional impervious surface is added. 19 https://ecology.wa.gov/Water-Shorelines/Wetlands/Mitigation/Avoidance-and-minimization REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 28 7.A.b ADUs in shorelines under a shoreline master program Shorelines and shorelands are governed under the city, town, or county's Shoreline Master Program (SMP). Although residential uses are allowed in many shoreline environment designations (SEDs), ADUs may not be appropriate in all SEDs. The ADU requirements outlined in HB 1337 are intended to apply within the UGA governed under the Growth Management Act and are not automatically applicable within the shoreline jurisdiction governed under the Shoreline Management Act (SMA). Local governments should plan for ADUs located within shoreline jurisdiction during a periodic review of their SMP20. Review and update of an SMP is required every ten years but can be initiated by a local government outside of the required schedule. Chapter 90.58 RCW, Chapter 173-26 WAC, and Ecology approved local shoreline master programs restrict development under SMA goals, policies, purpose and intent. Within shoreline jurisdiction, zoning code provisions can be applied, but they must be reviewed in addition to the bulk, dimensional, performance, and use standards of the SMP, and all new development and uses, including ADUs, can only be authorized through the shoreline permitting system outlined in Chapter 173-27 WAC. 1 Pr jsetb-a ehorellne butler If allowed, ADUs within shoreline jurisdiction shoul be outside of buffers and setbacks. Credit: Ecology Each SMP contains residential use regulations and development standards which ensure that allowed uses and development remain compatible with the shoreline environment and SMP and allow no net loss of shoreline ecological function. If allowed under the SMP provisions, ADUs would still need to be located outside of all shoreline buffers and setbacks and would need to meet other SMP critical area, density, impervious surface, and vegetation conservation provisions. ADUs are not necessary for reasonable residential use within shoreline jurisdictions and should not be included as project components in shoreline variance permit applications. Local governments wanting to address ADUs under the authorities of their SMP should consult Washington State Department of Ecology guidance2I and work closely with their Ecology shoreline planner.22 Examples • Black Diamond Municipal Code Sec. 18.56.030 - Allows two ADUs in conjunction with the primary unit provided adequate provisions for water and sewer are met. • Langley Municipal Code Sec. 18.08.095 - Allows one attached and one detached ADU on a lot with a single-family dwelling connected to sewer. • Burien Municipal Code Sec. 19.17.070 - Permits a maximum of two ADUs (one attached and one detached) per detached house. 20 The timetable for local governments to develop or amend master programs is required by RCW 90.58.080, 21 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Contacts 22 https://ecology.wa.gov/Water-Shorelines/Shoreline-coastal-management/Shoreline-coastal-planning/Shoreline-planners-toolbox REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 11 SEPTEMBER 2023 Packet Pg. 29 7.A.b 2. Do not require owner occupancy Owner occupancy standards have typically required that a property owner live in either the primary residence or the ADU, however that may limit the ability of the owner to develop or rent and ADU. State law Within UGAs, cities and counties may not require the owner of a lot on which there is an ADU to reside in or occupy the ADU or another housing unit on the same lot.23 RCW 36.70A.696(9) defines owner as any person who has at least 50% ownership in a property on which an ADU is located. Local policy choice When a unit is used as a short-term rental (STR), a local government may choose to require an owner to occupy either the primary or an accessory unit. (See the section on short-term rentals.)24 Examples • Bremerton Accessory Dwelling Units • Kirkland Accessory Dwelling Units Seattle Accessory Dwelling Units • Vancouver Accessory Dwelling Units 3. Allow separate sale of ADUs Because they are smaller and generally more affordable than most typical single-family homes, sales of ADUs as separate units can increase homeownership opportunities for first-time homebuyers and low-income households. State law A city or county may not prohibit the sale or other conveyance of a condominium unit independently of a principal unit solely on the grounds that the condominium unit was originally built as an accessory dwelling unit.25 Washington's Condominium Act, which provides for the creation of condominiums, does not preclude ADUs from being created as a part of a condominium development. Here, the unit is individually owned and the remainder of the property is under common ownership. Local governments wanting to regulate how ADUs are converted to a condominium form of ownership should work closely with their legal counsel in reviewing RCW 64.90.025 and other related laws.26 Zero lot line subdivisions and lot splits are mentioned in Section 4(2) of HB 1337, however, there is currently no authorization for lot splits in Washington, creating true independent units for ADUs. SB 5258 amends RCW 58.17.060 to require all cities and towns to adopt procedures for unit lot subdivisions to allow division of a parent lot into separately owned unit lots, or owned in common by the owners of the lots. However, this is better used for developments such as townhouses. Examples • Seattle Annual ADU Report 2022 — Addresses ADUs sold as condominiums, highlights the benefits of ADUs as condominiums and the increase in ADUs as condominiums in Seattle since 2018. 23 RCW 36.70A.681(1)(b) 24 RCW 36.70A.680(5)(a) 25 RCW 36.70A.681(1)(k) 26 See additional information on ADUs and condo's at ADUs and Condos: Separating Ownership I Accessory Dwellings REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 30 7.A.b • City of Snohomish Unit Lot Subdivision - the city provides a handout with criteria and the process for unit lot subdivision. Bellevue unit lot subdivision Web page for townhouses. 4. Set off-street parking requirements consistent with HB 1337 Many lots in established areas aren't large enough to support both an ADU and off-street parking, effectively prohibiting ADU development. This means that ADUs are often limited to larger lots that can accommodate parking and other site features. Removing off-street parking requirements for ADUs can help to open up possibilities for placing ADUs, especially in urban areas with transportation options. State law Parking limits for ADUs are subject to the following: Off street parking may not be required as a condition of permitting ADUs within one half mile of a major transit stop.27_21 On lots smaller than 6,000 square feet, no more than one off-street parking space may be required per ADU before any zero lot line subdivisions or lot splits.29 On lots greater than 6,000 square feet, no more than two off-street parking spaces per ADU may be required before any zero lot line subdivisions or lot splits. Local policy choice While on -site parking cannot be required within a half mile of a major transit stop, a city may not want to require on -site parking in other types of walkable areas or where on -street parking is sufficient. Cities may also choose to reduce parking requirements from the maximum limits in statute. Because ADUs typically are for one or two people, no more than one parking space may be needed for any lot size, especially in areas with on - street parking. A parking study Cities may choose to require more parking if Commerce concurs with a locally -conducted empirical study prepared by a credentialed transportation or land use planning professional that clearly demonstrates that parking consistent with the law would be significantly less safe for pedestrians, bicyclists, or people in vehicles than if the jurisdiction's parking requirements were applied to the same location for the same number of detached houses.30 Commerce is required to develop guidance on the contents of the study by the end of 2023. Related to the issue of off-street parking requirements are garage conversions for ADUs. This type of ADU may be more affordable since the changes are primarily internal to an existing structure, and they're popular with retirees who want to age in place because they generally have "no -step entries." Because HB 1337 requires cities to allow garage conversions, and to reduce parking requirements, Commerce recommends that cities allow any replacement parking for the primary residence and ADU to be on driveways or on the street if 27 Under-RCW 36.70A.681(2), off-street parking for ADUs is prohibited within 1 /2 mile of a major transit stop. 28 Major transit stop is defined in RCW 36.70A.696. 29 This part of statute references zero lot line subdivisions, however, for the purposes of this guidance, this means the ADU is not subject to primary unit parking requirements, even if subdivided from the primary unit. 30 RCW 36.70A.681(2). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 31 7.A.b possible. Low impact development pervious pavement options may be an offset tool to address additional parking, while also reducing overall site impervious surface area. Examples • Fircrest Municipal Code Sec. 22.58.012 - Doesn't require additional off-street parking for ADUs unless the planning director determines there is insufficient on -street parking to satisfy parking demand. • Kenmore Municipal Code Sec. 18.73.100 - No additional off-street parking spaces are required for an ADU. • Sumner Municipal Code Sec. 18.12.030 - ADUs created via garage conversion are not required to have off- street parking, as long as there is available on -street parking and the unit is located within half a mile of the Sumner transit station. • Kirkland Municipal Code Sec. 115.07 - Doesn't require off-street parking for one ADU. On lots with more than one ADU, one space is required, with exceptions (available street parking within 600 feet or property is located within 1 /2 mile of frequent transit). Smith Gillman Cottage converted garage. Credit: CAST architecture. 5. Set maximum size limits at no less than 1,000 SF Local governments typically enact maximum size limits for buildings to ensure there is enough space on a lot for site features like parking and green space. However, maximum size limits that are too restrictive pose design and use limitations. ADU size limits are typically smaller in urban infill areas than they are for larger greenfield sites. Some cities and other urban areas set a single maximum that is based on square footage, while others couple this standard with a percentage of the primary residence. State law ADU size limits must allow a gross floor areas of at least 1,000 square feet within UGAs.31 New amendments to RCW 36.70A.969 define "gross floor area" as the interior habitable area of a dwelling unit including basements and attics but not including a garage or accessory structure. 31 RCW 36.70A.681(1)(f) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 32 7.A.b Examples • Chelan Municipal Code Sec. 17.20.20 - Limits ADUs in its single-family residential district to 1,200 square feet or no more than 5O% of the total square footage of the primary residence, whichever is less. The planning director may approve an increased size to efficiently use all floor area if all other standards are met. • Kenmore Municipal Code Ch. 18.73 - Attached ADUs are limited to 1,000 square feet unless the ADU is proposed for preexisting floor area on a single level of the primary unit. For detached ADUs, maximums are based on lot size. 6. Reduce setbacks for ADUs (especially rear setbacks) State law A city or county may not impose setback requirements, 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." A city or county must allow detached ADUs to be sited at a lot line if the lot line abuts a public alley, unless the city or county routinely plows snow on the public alley.33 Setback requirements, which establish the minimum distance from front, side, or rear lot lines, create space between a building and adjacent uses. Some codes establish setbacks for ADUs that mirror those of the principal unit, thereby limiting space for ADUs, especially detached ADUs on small lots. Many urban communities have begun requiring separate, less restrictive setbacks specifically for ADUs. For example, some cities and other urban areas reduce or waive setbacks for detached ADUs alongside and rear lot lines, and alleys. 32 RCW 36.70A.681(1)(h). 33 RCW 36.70A.681(1)(i). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 33 7.A.b Detached ADU over a garage with relaxed rear setback. Credit: Steve Butler. Examples • Bellingham Municipal Code Sec. 20.01.036 — Exempts detached ADUs from side and rear yard setbacks when abutting an alley. • LaCenter Municipal Code Ch. 18.247 — Allows detached ADUs at the rear yard lot line if adjacent to an alley. Zoning codes should clearly describe ADU standards, which should be at most the same as those for the primary unit. When ADUs are added on a lot, they should fit on the lot, and be consistent with yard coverage limits and tree retention provisions. Stormwater low impact development features such as rain gardens and other bioretention options can be used to define setback areas for an ADU and principal lot, and should be features to support additional units, rather than be barriers. 34 7. Limit use of design standards Design standards often involve ensuring ADUs are compatible with the primary residence through features such as architectural style, window placement, roof form and pitch, and building materials. ADU design standards, however, can have the unanticipated impact of increasing project costs by lengthening the time needed for local ADU project review. ADUs can complement, but need not be exactly the same as the principal unit. Design standards must be clear and objective, should be no more prescriptive than those for single-family 34 Commerce's guidebook: Incentivizing Low Impact Development (LID) Beyond Permit Requirements includes tools and outreach materials that local governments can utilize to encourage developers to go beyond existing stormwater requirements and help reduce site impervious areas. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 34 7.A.b homes, and may not result in a reduction in density, height, bulk, or scale below the requirements of the underlying zone.as State law on design standards A city or county may not impose setback requirements, 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." Local governments should minimize the use of ADU design standards. In some cases, standards may be used to address privacy, for example making sure that the ADU's windows are located to preserve privacy between the ADU and neighboring properties or private open space. HB 1293 (laws of 2023) adds to RCW 36.70A and amends RCW 36.7OB to streamline local design review processes, requiring "clear and objective" standards that don't reduce development capacity otherwise allowed. Any design review process must be conducted concurrently, or otherwise be logically integrated, with the consolidated review and decision process for project permits set forth in RCW 36.7013.120(3). No design review process may include more than one public meeting. A county or city must comply with these requirements beginning six months after its next periodic update required under RCW 36.70A.130. The provisions do not apply to regulations specific to designated landmarks or historic districts established under a local preservation ordinance Examples • Ellensburg Municipal Code Sec. 15.540.040 - Does not require ADUs to match the appearance of the primary structure. • Sedro Woolley Municipal Code Sec. 17.100.030 - Allows the planning director to approve interesting detached ADU designs that are dissimilar from the primary structure. • Lacey Municipal Code Sec. 14.23.071 - Has minimal design criteria for attached and detached ADUs, though duplex -like designs are not allowed. 35 RCW 36.70A.630(2). Design review guidelines must provide only clear and objective requirements, such that an applicant can ascertain whether a particular building design is permissible. 36 RCW 36.70A.681(1)(h). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 35 7.A.b ADU in the Wedgewood neighborhood of Seattle. Credit: Pam MacRae, Siahtline Institute. Used with permission. 8. Allow ADUs of at least 24 feet in height State law The city or county may not establish roof height limits on an ADU of less than 24 feet, unless the height limitation on the principal unit is less than 24 feet, in which case, a city or county may not impose roof height limitation ADUs is less than the height limit that applies to the principal unit.37 Cities and other urban areas typically set building height limits to address issues like views and privacy; however, they also limit design options and use land less efficiently. Some communities set one height limit for both the principal unit and ADUs, while others have a separate maximum for ADUs. Examples • Kenmore Municipal Code Sec. 18.73.100 - Allows ADUs up to 35 feet. 37 RCW 36.70A.681(1 XW. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 36 7.A.b Spokane Municipal Code Sec. 17C.300.130 - Has height limits that are more nuanced and relate to the proximity of an ADU to a property line. Larger, taller detached AD — 1130 SF. Credit: Eddie Bojorquez/Crest Backyard Homes. 9. Reduce impact fees Impact fees Impact fees are one-time charges assessed by a local government against a new development project to help pay for new or expanded public capital facilities that will directly address the increased demand for services created by that development. RCW 82.02.050 authorizes counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for: • Public streets and roads; • Publicly owned parks, open space, and recreation facilities; • School facilities; and • Fire protection facilities. Because ADUs are generally smaller than standard single family homes, they typically have fewer people living in them, and likely cause fewer impacts. State law The city or county may not assess impact fees on the construction of accessory dwelling units that are greater than 50 percent of the impact fees that would be imposed on the principal unit.38 38 RCW 36.70A.681(1)(al and SIB 5258 (section 10, laws of 2023) amends RCW 82.02.060 to require local governments to publish a schedule of impact fees which reflects the proportionate impact of new housing units. This includes multifamily and condo units, based on square footage, number of bedrooms or trips generated, to produce a proportionally lower impact fee for smaller housing units. Local governments must adopt this schedule within six months after the periodic update due date. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 37 7.A.b Local policy choice Local governments may charge according to the size of the unit, fixture count, or location with the community, or completely waive fees, but in no case should the fees be more than 50% of what would be charged to the principal unit. Examples • Everett 2023 Impact Fees Schedule — Waives transportation and school impact fees for ADUs. • Olympia Municipal Code Ch. 15.08 — Waives school impact fees and reduces transportation and park impact fees for ADUs. • Renton 2019-2020 Fee Schedule (Section XII) — Provides impact fee reductions and waivers for ADUs • Lake Stevens Municipal Code Sec. 9.25.010 — Reduces utilities connection fees for ADUs based on ADU size. Utility connection fees/system development charges System development charges, or connection fees may be charged for area -wide improvements for water, sewer or stormwater. Like impact fees, communities may charge according to the unit's impact on the system. A fundamental feature of ADUs is that the ADU is "accessory to" a primary residential unit. As a result, the ADU will be smaller, typically have fewer people living in it, and have a reduced demand for municipal services. Metering considerations when connecting to the sewer system The Department of Health considers an ADU a separate dwelling unit if it is located outside and separate from the single family residence (detached). An ADU located within the single-family residence, such as a basement or attic unit, is generally not considered a separate connection to the sewer system for the purposes of metering. The total number of service connections is determined by counting each single-family home, each dwelling unit in a multi -family building, and each nonresidential building that the water system serves. Local policy choice There is no specific requirement to reduce charges for sewer, water and stormwater, as there is for impact fees, but a local government has the option of removing, reducing or waiving connection fees or system development charges to meet public purposes. Because of the dependent nature of ADUs, it is recommended that local governments allow shared meters, especially for attached units that are within the capacity of an existing meter. There may be limited cases in which separate meters are necessary because of site configuration or separate sale. They may choose to reduce system development charges to 50% as well because these charges are meant to fund area wide system development improvements, and an ADU generally has a smaller impact. Examples • King County has a detailed system capacity charge system with charges that vary based on the size and form of the housing unit, with addition discounts for affordable units. https://kingcountygov/en/dept/dnrp/waste-services/wastewater-treatment/sewer-system- services/capacity-charge/about Kirkland Accessory Dwelling Units — This webpage provides the following information: ADUs are not subject to water capital facility charges if there are no changes to the water service/meter. ADUs are not subject to sewer capital facility charges. ADUs are not subject to the surface water capital facility charge if the primary residence is already connected to the public storm system. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 20 SEPTEMBER 2023 Packet Pg. 38 7.A.b • Olympia Municipal Code Ch. 13.04 and Ch. 13.08 - Provides the option of new connections or tie-ins when developing an ADU. There is no charge when the connection occurs on the lot. The Olympia Engineering and Design Standards Section 713.080 addresses the issue of ADUs and side sewers. • Sedro Woolley Municipal Code Sec. 17.100.030 - Utilities may be shared between an ADU and the primary dwelling. Sewer connection fees are collected at a reduced rate depending on the size of the ADU. 10. Other Fees and Exactions State law A city or county may not require public street improvements as a condition of permitting ADUs.39 State law requires that public street improvements must not be required as a condition of permitting ADUs, even if the development of the primary unit can trigger such improvements. Another barrier might be the cost of permit fees. Local governments often attempt to recoup the actual cost of processing land use permits, but there is not a legal requirement that they do so. A city or county could choose, for policy reasons, to charge a lower amount for ADU applications as part of a strategy to encourage property owners to construct new ADUs on their properties. In addition, lowering fees makes sense if a city or county is taking other steps to streamline the ADU process, since those measures may also result in lower permit administration costs. Example • Spokane Municipal Code Sec. 08.02.031 - Waived permit fees for ADUs on lots within half a mile of certain zoning districts. The waiver is set to expire at the end of 2024. • Washougal Municipal Code Sec. 18.46.020 - Does not charge an application fee for detached ADU development. 39 RCW 36.70A.681(1)(1). The GMA does not currently define "public street improvements", however "public facilities" is defined in RCW 36.70A.030 and "public improvements" in RCW 39.114.010; both include street and road construction including sidewalks, street and road lighting systems, storm and sanitary sewer systems, among other public improvements. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 39 7.A.b Recommendations for cities and other urban areas The following recommendations are not required but are suggestions to encourage the development of ADUs. They are to apply only to cities, towns, and other urban areas, including unincorporated urban growth areas (UGAs) and limited areas of more intensive development (LAMIRDs). The purpose of applying these ADU recommendations to cities and other urban areas, and not to rural areas or resource lands is to support the GMA's goals of encouraging development in urban areas and reducing sprawl. 1. Allow prefabricated units Prefabricated detached ADUs can provide a degree of cost savings, which may make them more affordable for property owners, especially in more remote areas that may not have access to the tradespeople needed to construct ADUs. Because materials and manufacturing are centralized at an off -site manufacturing facility, prefabricated units require less construction time than conventionally built structures and can be constructed year-round in a climate -controlled factory. RCW 35A.21.312 allows for consumer choice in housing, requiring local government to allow the placement of factory -built homes in any location where site -built homes are permitted. The law was likely developed to apply to primary units, and not necessarily ADUs. However, cities and counties may adopt a set of additional standards, relating to permanent foundation, roof pitch, and design, although not all of those standards should be applied to ADUs. Any prefabricated unit must meet state standards.40 Local codes may refer to larger manufactured homes, and may not be related to small homes, such as park models, more suitable for an ADU. Example • Bremerton Municipal Code Sec. 20.46.010 — Allows for manufactured homes to be used as ADUs Prefab detached ADU: Nanny Flat, Elder Cottage. Credit: Eddie Bojorquez/Crest Backyard Homes. ao See the Washington Department of Labor & Industries page on Manufactured Home Permits & Inspections. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 40 7.A.b Tiny houses Tiny houses, or tiny houses with wheels, as defined in RCW 35.21.686, are not generally allowed as ADUs because they may not meet the standards required for a permanent residential unit, such as a foundation, water supply and sewage disposal. However, some communities are starting to consider allowing tiny homes on wheels as temporary units, with appropriate connections and tie-downs.41 One exception in state law is that tiny homes on wheels and RVs may be used as permanent living quarters only when situated in manufactured/mobile home communities, but they are still subject to certain life/safety and utility hookup requirements per RCW 35.21.684. Tiny houses must be inspected and meet the standards of the Washington State Department of Labor and Industry.42 Prefab ADU travelling from factory to residential site / installed on -site. Credit: Roger Fitzsimons. 2. Streamline ADU permitting processes A local permitting process should be designed to make it as easy as possible for an applicant to prepare and submit a development permit application, and for the permit review staff to review and quickly approve it. This approach should be particularly true for the types of development that a community is actively trying to encourage, such as ADUs. Discretionary project permitting processes, such as those requiring conditional use permits, hearings examiner review, and public hearings add extra time and cost to getting a development project approved. These processes make sense for situations where a proposed project may be large or have a number of potential 41 Port Townsend allows tiny homes on wheels. (THROWS) https://cityofpt.us/planning-community-development/page/new-euly-1 stst- tiny-house-wheels-thows 42 See the Washington Department of Labor & Industries page on Tiny Houses. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 41 7.A.b impacts on a neighborhood or community. For small, low -impact development projects that advance adopted public policy such as new ADUs, a discretionary permitting process creates an unnecessary barrier to ADU construction. Local governments should allow ADUs "by -right," with project review and approval to be done administratively. Having an expedited or shorter review process for ADUs can also include preferential review of ADU proposals. Providing pre -approved ADU plans is another method for reducing the time needed to review an ADU proposal (see provide pre -approved ADU plans below). Streamlining can be additionally bolstered by checklists that clarify the ADU approval process (see below on providing user-friendly communication materials). Examples • Pasco Municipal Code Sec. 25.161.030 — ADU applications are approved administratively. • Sequim Municipal Code Sec. 18.66.040 — Requires a single administrative permit for ADU development The application must be processed by the community development director within 30 days of submittal (Sec. 20.01.080). 3. Offer incentives to encourage ADUs that are affordable to lower income households While ADUs are generally more affordable than a typical single-family home, most aren't affordable to households making less than 80% of the area median income (AMI). To address this issue, some local governments offer incentives for ADUs that are affordable for lower -income households (that is, less than 80% AMI) for a set number of years (such as 50 years). These types of incentives usually involve requiring affordability in exchange for providing a "bonus," like higher densities in the form of an additional ADU. Local governments can also support affordability for low-income residents by incorporating ADUs into their affordable housing funding programs and forming partnerships with community land trusts and other non- profit organizations. Local policy choice There are a number of ways that local governments can offer reductions for affordable housing, most require some kind of assurance that the unit will remain affordable over time. RCW 82.02.060(4) also authorizes local governments to offer impact fee reductions or waivers for affordable housing. An exemption for low-income housing granted under this section, however, must be conditioned upon requiring the developer to record a covenant that prohibits using the property for any purpose other than for low-income housing. RCW 36.70A.540 authorizes local governments to expand affordable housing incentive programs to include, among other things, fee waivers or exemptions provided the local government is committed to continuing affordability for at least 50 years. A local government may offer "tap -in charge" waivers for low-income persons (under RCW 35.92.380 or RCW 36.94.370).43 Examples • CLTplusOne — A pilot program offered by Durham (NC) Community Land Trustees, which pairs a land trust home with ADUs on the same lot. Both the primary residence and rental unit are permanently affordable (see this Shelterforce article on Durham's Community Land Trust). 43 For more information on this topic, see MRSC's Affordable Housing Techniques and Incentives - Reduction/Waiver of Fees. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 42 7.A.b Seattle Municipal Code Sec. 23.44.041 — Allows a second ADU on a lot if one of three conditions are met: conversion within an existing structure, green building standards, or affordability for "income - eligible households" for a minimum of 50 years. Key considerations for counties GMA-planning counties must plan and provide regulatory frameworks for four land use categories in decreasing order of ADU intensity: • Unincorporated UGAs.44 • LAMIRDs • Rural lands • Designated natural resource lands 1. Unincorporated UGAs and LAMIRDs Unincorporated urban growth areas In unincorporated UGAs, which are generally intended to have urban services and eventually become or annex into cities, the requirements in this guidance apply within 6 months of the next periodic update.45 LAMIRDs Within Limited Areas of More Intensive Rural Development (LAMIRDs), the outer boundary may not change, but the LAMIRD may be filled in with new development, including ADUs. 2. Rural and natural resource lands ADU regulations outside of urban growth areas require consideration of a different set of factors than ADU regulations in cities and urban growth areas. ADU provisions in rural and resource areas must be accompanied by measures to protect rural character, conserve resource lands, and limit density and sprawl. One of the benefits of ADUs in urban areas is that under HB 1337, the ADUs can be sold separately and add to the supply of attainable housing for moderate on maybe lower income households. The same does not hold true in rural areas, where the ADU cannot be sold separately, and the private cost of transportation and public cost of transportation -related emissions reduces the public benefit of ADUs in rural areas. When developing or amending regulations, counties should consider the potential for: • Increased demand for emergency and other services. • Increased traffic on county roads, which may be built to a lower standard. • More housing and increased population in areas potentially prone to wildfires or other natural hazards. • Impact on water supplies. • Conflict with or decrease in land available for agriculture or other natural resource industries. The Growth Management Hearings Boards (GMHBs) have considered challenges to ADU regulations in rural and resource designated areas in a handful of counties. Three hearings boards have issued decisions 44 See Chapter 36.70A RCW. 45 RCW 36.70A.680(1) REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 43 7.A.b disfavoring local regulations allowing detached ADUs where they do not include specific criteria to curtail indiscriminate increased density.46 Rural lands For areas designated as "rural," the regulations must be consistent with "rural character" as established in the rural element of the county's comprehensive plan.47 RCW 36.70A.030(23) defines rural character as "[... j the patterns of land use and development established by a county in the rural element of its comprehensive plan." Importantly, what constitutes rural character in one county may be different than what constitutes rural character in another (RCW 36.70A.011). ADUs should not contribute to sprawl or cause residential uses to predominate over rural uses.48 Given the need to be consistent with and implement their rural, housing, and land use elements of their comprehensive plans (among others), it will be important for counties to "show their work" through the written record, including but not limited to whereas statements, findings of fact, staff reports, and public participation processes; and to articulate legal and policy justifications for their actions. Designated natural resource lands Counties must ensure ADU regulations are consistent with GMA requirements to preserve natural resource lands for resource production. In natural resource lands, the dominant use is to be the agricultural, forestry, or mineral use; residential development must be located to not interfere with the natural resource use, and preserve the majority of land for such use.49 See RCW 36.70A.060. Considerations and examples for rural and resource areas Generally, regulations permitting attached ADUs raise fewer concerns than those permitting detached ADUs. While several counties allow detached ADUs in their rural land designations, most include restrictions related to standards such as: • Size limit on a single ADU. • Minimum lot size to conform to zoning or in some cases, double the minimum lot size. • Proximity to and dependency on the primary residence (such as shared driveway, parking, yard, septic, well, utilities, etc.). • Design standards for consistency with primary unit. • Limitations on number of permits issued annually. 46 Loon Lake Property Owners, et al v. Stevens County, EWGMHB, Case No. 01-1-0002c, Compliance Order (May 30, 2008); Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County, Case No. 06-2-0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007). 47 County comprehensive plans must include a rural element. A county's rural element must include policies that are consistent with rural character. RCW 36.70A.070(5)(0 provides, in relevant part: "[The rural element] shall provide for a variety of rural densities, uses, essential public facilities, and rural governmental services needed to serve the permitted densities and uses. To achieve a variety of rural densities and uses, counties may provide for clustering, density transfer, design guidelines, conservation easements, and other innovative techniques that will accommodate appropriate rural economic advancement, densities, and uses that are not characterized by urban growth and that are consistent with rural character." 48 RCW 36.70A.020(2) and RCW 36.70A.110(1) and .070 U5. Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson, et al v. San Juan County Case No. 06-2-0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007) — Regulations allowing a detached ADU on substandard rural lots allowed residential use to predominate over rural uses and were therefore noncompliant; Loon Lake Property Owners, et al v. Stevens County Case No. 01-1-0002C — Allowing an ADU on all parcels —including substandard lots — can considerably increase density within zone. 49 Futerwise v. Snohomish County, Case 22-3-003, Final Decision and Order. The Board found that the county failed to protect agricultural lands of long-term commercial significance, in violation of RCW 36.70A.177, and was inconsistent with multi -county and countywide planning policies, in violation of RCW 36.70A.210. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 26 SEPTEMBER 2023 Packet Pg. 44 7.A.b • Restrictions on title. Careful with detached ADUs (attached ADUs preferred) The hearings boards have held that freestanding residential ADUs should be treated as separate dwelling units for purposes of density calculations — although in some cases have found compliant county regulations that allow limited exceptions to detached ADUs triggering such density requirements." Attached ADUs are Preferred Conversely, the boards have held that attached ADUs and ADUs converted from an existing structure in close association with the primary residence (such as a garage) do not count toward density in rural and resource areas.51 ExampleE • Clark County: Accessory Dwelling Unit — Rural (Handout) (2022�— Allows only attached ADUs in rural and resources zones. • Kitsap County: Accessory Dwelling Unit (Handout) (2022) — Requires detached ADUs to be sited within 150 feet of the principal dwelling outside of UGAs. Size limit, 50% of primary unit or 900 square feet, whichever is smaller. Owner occupancy requirements and design standards apply. • San Juan County Code Sec. 18.40.240 — Limits the number of detached ADU permits outside "activity centers" and UGAs in any calendar year to no more than 12% of the total number of building permits for new principal residences issued for the previous calendar year. Further limited to one permit per property owner outside UGAs. • Spokane County: Detached Accessory Dwelling Unit (Handout_— Detached ADUs in selected rural zones must be within 150 feet of principal dwelling and meet several other conditions, including that title notice will be placed on the property that the accessory dwelling may not be sold as a separate residence until such time as the accessory dwelling is located as the sole residence on a legally subdivided parcel. • Walla Walla County Code Sec. 17.08.015 — Requires at least four of six "dependency requirements" be shared for a detached ADU (road access, septic system, water system, utility meters, yard, and parking areas). Other programmatic elements to consider The following "programmatic elements" are not recommendations but are instead meant to be additional options to be considered by cities, towns, and other urban areas, including unincorporated UGAs and LAMIRDS. 1. Address the use of ADUs as short-term rentals Construction of ADUs presents an opportunity to increase a community's supply of relatively affordable long- term housing. When an ADU is used as a short-term rental (STR), defined as a housing unit being rented for fewer than 30 consecutive days, that housing unit functions as a lodging unit for visitors and not as a housing 50 Friends of San Juans, et al v. San Juan County, Case No. 3-2-0003c coordinated with Nelson et al v. San Juan County, Case No. 06- 2,0024c, FDO/Compliance Order, at 3 (Feb. 12, 2007). 51 Yanisch v. Lewis County, Case No. 02-2-0007c, Order on Compliance Hearing (Mar. 12, 2004). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 45 7.A.b unit.52 As a result, some local governments completely prohibit the use of ADUs as STRs, while others limit but don't completely prohibit that use. The primary rationale for prohibiting or limiting ADUs being used as STRs is that renting an ADU as a long-term housing unit, defined as being rented for more than 30 consecutive days, will have the dual benefit of providing a positive income stream to a homeowner and adding a new residential unit to the local housing supply. Some studies attempt to make the case that ADUs being used as STRs make up "only a small percentage" of the overall stock of STRs (8%-12%).53 For example, data collected by the City of Seattle shows that 11 % of the total short-term rental units were ADUs. It should be noted, however, that 11 % still represents 418 units that are not contributing to that city's long-term housing supply. Given the significant policy implications, local governments located in areas with high demand for short-term rentals, such as popular tourist destinations, should carefully consider the pros and cons of allowing ADUs to be used as short-term rentals. State law Cities and counties may restrict the use of ADUs for short term rentals.54 Examples • Bellingham Municipal Code Sec. 20.10.037 - Does not allow STRs in detached ADUs in single-family zones but does allow them in detached ADUs in other zones, and in attached ADUs citywide. • Poulsbo Municipal Code Sec. 18.70.070 - Does not allow ADUs to be used as STRs. Sequim Municipal Code Ch. 18.66 - Does not allow ADUs to be used as STRs. 2. Provide user-friendly communication materials To assist applicants in navigating the ADU permitting process, local governments can provide user-friendly ADU webpages, informational handouts, guides, and checklists. These guidance documents can help by clearly articulating ADU requirements to property owners, homeowners, contractors, and developers. Clear materials inform those who are interested in building ADUs and encourage interest in ADU construction. Examples • Bremerton Guide to Establishing an ADU (2021 ) - Includes an overview of the city's ADU standards and links to permit requirements. • Lake Stevens ADU Permit Checklist - Helps applicants understand the city's ADU provisions. • Olympia ADUs & Accessory Structures Guide (2022A- Includes an overview of ADU regulations and standards, including design review requirements and guidelines. • Seattle ADUniverse: The ABCs of ADUs - Includes a step-by-step guide to creating an ADU. • Thurston County ADU Handout (20M- Covers the main elements of the county's three -step ADU permitting process. 52 RCW 36.70A.696(9) defines short-term rental as "a lodging use, that is not a hotel or motel or bed and breakfast, in which a dwelling unit, or portion thereof, is offered or provided to a guest by a short-term rental operator for a fee for fewer than 30 consecutive nights." 53 See, for instance, the Urban Land Institute's report Jumpstarting the Market for ADUs: Lessons Learned from Portland. Seattle. and Vancouver. 54 HB 1337 Section 3(W al. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 28 SEPTEMBER 2023 Packet Pg. 46 7.A.b 3. Provide information on landlord -tenant laws for prospective ADU owners and ADU tenants For many homeowners renting an ADU on their property, this may be the first time they have served as a landlord. As a result, they may not be familiar with relevant local, state, and federal laws that apply to landlords (such as the Fair Housing Act). Conversely, renters also have certain rights and responsibilities under these laws that both landlords and tenants should know. The Washington Residential Landlord -Tenant Act includes the state's key landlord -tenant laws.ss Some local governments have created landlord -tenant regulations and programs with additional protections for renters, including rental registration and extra notice of rent increases and/or inspections. To inform both landlords and tenants about these requirements, local governments can develop user-friendly summaries of these resources and provide them to ADU applicants during the permit process. Examples • Bellingham: Landlords and Tenants — Includes information on the city's rental housing regulations, rental registration and safety inspection program, and more. • Benton County: Renter's Resources — Includes information on fair housing and tenant rights in Washington. • Burien: Renting in Burien — Includes information on the city's rental housing inspection program, notice of intent to sell, and eviction law in Washington. • Olympia: Tenant Protections — Includes information on the city's rental housing ordinance, FAQs, and more. • Tacoma: Landlord -Tenant Program — Includes information on the city's landlord -tenant program 4. Provide information on ADU financing and funding programs Lack of funding and financing options is often cited as one of the most prevalent challenges for ADU construction.sb Lending institutions that finance ADU projects generally don't allow homeowners to borrow against a portion of the future value of an unbuilt ADU, further constraining the viability of projects. To support homeowners in financing their ADU projects, local governments can: • Identify other funding and financing opportunities for ADUs and make these resources available at the permit center and online. • Develop programs to facilitate access to ADU funding and financing opportunities. RCW 84.36.400, authorizes counties to provide a three-year property tax exemption for improvements to a single-family dwelling, including the construction of an ADU, as long as it represents 30% or less of the value of the original structure. The program was initiated through Chapter 204. Laws of 2020 (2SSB 6231 � and stipulates that dwelling units may be either attached to or within the single-family dwelling or a detached unit located on the same real property. In 2023, additional provisions were added in King County." 55 More information on state and federal laws may be found on the Washington Office of the Attorney General's Landlord -Tenant page and the U.S. Department of Housing and Urban Development Tenant Rights. Laws and Protections: Washington page. 56 See the UC Berkeley's Terner Center for Housing Innovation's article ADU's for All: Breaking Down Barriers to Racial and Economic Equity in ADU Construction (2022). 57 SB 5045 offers extended property tax exemptions for ADUs in King County if the unit is affordable. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 47 7.A.b ADU owners may deduct, for income tax purposes, construction costs over time, annual property taxes, and shared monthly utility costs from rental proceeds, which may help encourage their development. ExampleF • Olympia OlyFed Bank: ADUs Financing — Provides six loan options for ADU construction. See this ADU Loan Options flyer and ADU Financing -presentation for more information. • Spokane Single -Family & Detached ADU Tax Exemption — The City of Spokane highlights the fact that Spokane County provides a tax exemption for ADUs for the three assessment years after the completion of the improvement, to the extent the improvement represents 30% or less of the value of the original structure. 5. Create a program to encourage legalization of unpermitted ADUs A combination of strong demand for new housing and too many barriers have in some Washington communities resulted in unpermitted ADUs. Creating a program to allow legalization of unpermitted ADUs can help promote safe, legal structures and open them up to rental opportunities. Local governments are encouraged to develop programs to promote the legalization of existing housing units, which should be done in a manner that ensures ADUs are safe to inhabit. Examples • Bellingham Municipal Code Sec. 20.10.036 — Allows ADUs existing prior to January 1, 1995, to become legally permitted, as long as ADU owners submit an application that is consistent with current ADU regulations and building codes. • Ferndale Municipal Code Sec. 18.34.060 — Allows owners of ADUs established before June 20, 2017, to submit an application to the city to legally permit the existing unit pursuant to the city's ADU regulations. 6. Provide pre -approved ADU plans After confirming their property is eligible for an ADU, homeowners begin the design process with an architect or designer. Depending on whether the unit is within an existing structure or free standing, the design process can add significant time and expense to a project. To streamline this step, some local governments offer detached ADU plan designs that have been pre -approved for compliance with building codes. ADU applications with pre -approved plans are typically approved in a shorter timeframe and with reduced permit fees since the designs have been vetted by staff. Even though the designs have been pre -approved all other code provisions, like site -specific standards, still apply. Examples • Olympia: Pre -Approved ADU Plans (Guide) (2021) — The cities of Olympia, Lacey, and Tumwater worked together to offer four plans that have been pre -approved for compliance with building codes. Leavenworth: ADU Plans — Offers four pre -approved designs. Each option includes two different styles — modern and traditional. Renton: Permit Ready ADU Program — Includes eight pre -approved, designed, and engineered model base plans, ranging in size from 415 to 1,000 square feet and varying in architectural style. Seattle: Pre -approved Detached ADUs Program — Offers 10 pre -approved plans for detached ADUs, including factory -assembled structures that have been approved by the Washington Department of Labor and Industries. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 30 SEPTEMBER 2023 Packet Pg. 48 7.A.b Cedar Cottage Seattle ADU Pre -Approved Plan (above and below). Credit: CAST architecture. fTANDNO Noon M*AE ooNam jCT4k OK"AR&MIME GWAT ROOM C[NTNAL Vt O _ CMMATION NPBTFP FNTwr IM: Tic U M"I OPl IT COVE"® PATM) t FNT WV iN WTPt MMOAK r PAVINO Appendix A: Additional examples and resources 1. Allow two ADUs per lot • Bremerton Municipal Code Ch. 20.46 - Allows up to two ADUs per lot (see Sec. 20.46.010). • Kirkland Municipal Code Sec. 115.07 - Allows up to two ADUs (either attached or detached). • Fife Municipal Code Ch. 19.80 - Allows both one attached and one detached ADU on larger city lots. "For lots between 3,200 and 4,356 square feet, only attached ADUs are permitted. For lots larger than 4,356 square feet both attached and detached ADUs are permitted, provided the extra lot area required in the applicable zone is met." • Lake Forest Park Municipal Code Ch. 18.50 - For lots exceeding one acre, one attached and one detached ADU are permitted (see Sec. 18.50.050). REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 49 7.A.b 2. Do not require owner occupancy • Seattle Release of Owner Occupancy Covenant for ADUs Forms (Word document) - This form for recording with the King County Recorder's Office releases property from the covenant for owner occupancy entered into as a condition of applying for an ADU permit, as owner occupancy is no longer required by Seattle's Land Use Code per Ordinance No. 125854 (2019). 3. Do not require off-street parking for ADUs • Bainbridge Island Municipal Code Ch. 18.09 - Allows garage conversions for ADUs. • Bellevue Ordinance 6589 - Adopted in 2021 prohibiting requirements for off-street parking for ADUs within one -quarter mile of a major transit stop. For additional background information, see Bellevue's page on Reduced Minimum Residential Parking Standards. • Bremerton Municipal Code Sec. 20.46.010 - One ADU is not required to provide an additional off-street parking space. The second ADU is required, however, to provide an off-street parking space in addition to that which is required for the principal unit. • Spokane Municipal Code Sec. 17C.300.130 - No additional parking is required for studio and one - bedroom ADUs and ADUs within one -quarter mile of certain transit stops. Spokane allows garage conversion for ADUs. • Olympia Municipal Code Sec. 18.38.100 - Doesn't require parking spaces for ADUs (see table 38.01, "Residential" section). • Tacoma Municipal Code Sec. 13.06.080 - No off-street parking is required for ADUs. • University Place Municipal Code Sec. 19.70.010 - No additional off-street parking is required for ADUs. • Vancouver Municipal Code Ch. 20.810 - Doesn't require additional on -site parking in conjunction with the establishment of an ADU. The city allows conversion of an existing garage structure or other outbuilding to be converted to an ADU; however, off-street parking for the primary residence is required to be provided elsewhere on the site. • Seattle Municipal Code Sec. 23.44.041 - Off-street parking is not required for ADUs, except that an existing required parking space may not be eliminated to accommodate an ADU unless it is replaced elsewhere on the lot. 4. Reduce barriers from setbacks and other ADU regulations Reduce setbacks for ADUs (especially rear setbacks) • Brier Municipal Code Sec. 17.24.010 - ADUs must conform to standard setback regulations, though the rear yard setback requirement is reduced to seven feet for ADUs. • Kirkland Municipal Code Sec. 115.115 - Required setbacks are the same as the underlying zone. detached ADUs may be located within five feet of an alley. Detached ADUs without alley access may be located no closer than five feet from the rear property line as long as the portion of the detached ADU in the reduced setback is no taller than 15 feet. • Sequim Municipal Code Sec. 18.66.050 - Exempts existing legally created on -site accessory structures - such as garages - that have been converted to ADUs from complying with setback standards. • Tacoma Municipal Code Sec. 13.06.080 - No setbacks from alleys are required. Reduce minimum lot sizes for ADUs (especially on small urban lots) • La Conner Municipal Code Sec. 15.110.080 - ADUs are allowed on lots that are under 5,000 square feet. • Medina Municipal Code Sec. 16.34.020 - ADUs are excluded from minimum lot area requirements. • Tacoma Municipal Code Sec. 13.06.080 - ADUs are allowed on any legally established lot, regardless of lot size or width. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 50 7.A.b Increase height maximums for ADUs La Center Municipal Code Sec. 18.247.050 - ADUs are limited in height to 25 feet or the primary dwelling's height, whichever is lower. Mukilteo Municipal Code Sec. 17.30.060 - ADUs may be two stories high and must comply with maximum building heights for the underlying zoning district; Detached ADUs cannot be taller than the primary unit, except that there is a maximum height of one-story if the detached ADU is located above a garage or similar structure. Pacific Municipal Code Sec. 20.92.060 - ADUs may be up to 25 feet high. 5. Increase maximum size limits for ADUs appropriate to zone and context • Black Diamond Municipal Code Sec. 18.56.030 - Detached ADUs are limited to 1,000 square feet. • Bremerton Municipal Code Sec. 20.46.010 - Limits ADUs to 1,000 square feet or no more than 60% percent of the principal unit's total habitable floor area, whichever is greater. Attached ADUs in residences built prior to 2020 may receive director's approval to increase ADU floor area to equal that of the principal dwelling. • Burien Municipal Code Sec. 19.17.070 - Internal or attached ADUs are limited to 1,000 square feet. The planning director may make exceptions to size limitations to allow for the better utilization of existing spaces. • Leavenworth Municipal Code Sec. 18.36.035 - The total habitable floor area of any ADU is limited to 1,200 square feet. • Kirkland Municipal Code Sec. 115.07 - ADUs are limited to 1,200 square feet. • Roslyn Municipal Code Sec. 18.140.030 - ADUs are limited to 1,000 square feet. • Yakima Municipal Code Sec. 15.09.045 - The ADU's floor area is limited to 1,000 square feet. 6. Limit use of design standards • Bothell Municipal Code Sec. 12.14.135 - Attached ADU entrances are permitted on the front of the primary residence under certain conditions. • Bremerton Municipal Code Sec. 20.46.010 - The city has developed a user-friendly ADU Guide (2021) that summarizes design regulations with visual examples. • Fife Municipal Code Sec. 19.80.040 - Recommended approaches to promote privacy for adjacent properties are included in subsection 19.80.040(A)(6). 7. Remove, reduce or waive permit application fees, impact fees, system development charges, and other ADU-related fees Utility connection fees/system development charges • Chelan Municipal Code Sec. 13.33.020 - Offers utility rate reductions for ADUs. La Center Municipal Code Sec. 18.247.050 - ADUs may share sewer and water connections with the primary dwelling. System development charges are imposed at a reduced rate compared to a single- family home (Sec. 18.247.080). Yakima County Code Sec. 19.18.020 - The ADU and the primary dwelling unit will share a single sewer and water connection, unless the local sewer and/or water purveyor requires separate connections. Impact fees • Bellingham Permit Fees - This webpage offers information establishing that: • ADUs are assessed at half the multi -family rate for park impact fees. • For transportation impact fees, the person trip rate is less than duplexes and townhouses • School impact fees are waived for ADUs. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 33 SEPTEMBER 2023 Packet Pg. 51 7.A.b • Bellingham Ordinance No. 2018-11-022 - Establishes impact fee reductions related to the city's 2018 ADU code update. • Kirkland Accessory Dwelling Units - Exempts transportation, park, and school impact fees for ADUs in accordance with city code (KMC 27.04.050, KMC 27.06.050, KMC 27.08.050). These fees are assessed on the primary single-family residence only. • Renton 2023-2024 Fee Schedule - Impact and permit fees are waived for ADUs. Stormwater system development charges are reduced by 50% for ADUs. • Tukwila Fee Schedule - Exempts attached ADUs from impact fees (see Figure 16-1 "Fee Schedule"). Everett 2023 Impact Fees Schedule - Waives traffic and school impact fees for ADUs. • Olympia Municipal Code Ch. 15.08 - Waives school impact fees and reduces transportation and park impact fees for ADUs. • Renton 2019-2020 Fee Schedule (Section XII) - Provides impact fee reductions and waivers for ADUs ADU permit application fees • Port Angeles Temporary Building Permit Fee Waiver Form (2022) - A temporary building permit fee waiver is available for construction of housing reserved for families with 80% AMI or below through September 2028; ADUs are included as an acceptable dwelling type for this waiver. 8. Allow prefabricated ADUs Code examples • Richland Municipal Code Sec. 23.42.020 - Allows accessory apartment units that are manufactured off site. Langley Municipal Code Sec. 18.22.115(C) - While not addressing prefabricated housing, "tiny homes" are allowed to be used as ADUs, if they can meet the International Residential Code (IRC) and other specified local standards. Otherresources • Olympia Manufactured Homes (Handout) (2017) - Manufactured homes are allowed to be used as ADUs, particularly to promote affordable housing. Seattle ADUniverse: • The ABCs of ADUs - Mentions factory -built ADUs in the Construction section. • Pre -approved Detached ADUs - References factory -assembled structures in the L&I-approved detached ADUs section. The pre -approved plans include the Urban Cottage Prefab and WOOD Studio design. • Seattle: Guide to Building a Backyard Cottage (2010) - See page 19. • Seattle Tip Sheet 305: Factory -Assembled Structures for Residential and Commercial Use (2023) - Includes a comparison of the three types of factory -assembled structures, local requirements, and fees. • Insider: A new collection of minimalist tiny homes from $37,500 is available in the US for the first time (2023) - Article about affordable tiny homes from Latvia -based firm, MyCabin. • Congress for the New Urbanism: Novel idea - Modular house that's cute (2023) - Article describing a well -designed modular house that received an Urban Guild Award. • HUD Office of Policy Development (PD&R): Factory -Built Accessory Dwelling Units for Affordable Housing Options (2020) - Highlights communities that support factory -built ADU designs. 9. Streamline ADU permitting processes Code examples • Olympia Municipal Code Sec. 18.72.080 - Approves ADUs administratively. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 52 7.A.b • Pacific Municipal Code Sec. 20.92.057 - Single, straightforward application requirements for ADU development. • Sequim Municipal Code Sec. 18.66.040 - Approves ADUs administratively. • Other resources • Bellevue: ADU Registration - This webpage notes that ADU registration, a floor plan, and site sketch/site plan are the minimum necessary to proceed with the ADU application process. • Camas: ADU Application Form - Two -page application form that includes applicable development standards and design guidelines. • Lake Stevens: ADU Compliance Checklist - This checklist provides a detailed overview of the permitting process. • MRSC: Streamlining Local Permit Review Procedures - This webpage provides examples of streamlined permit review processes. • Seattle: Construction Permit - Addition or Alteration - This webpage provides that to add within an existing house, a construction addition/alteration permit is needed; to build a detached unit, a construction addition/alteration permit is needed. • Vancouver Municipal Code Sec. 20.920.060(H) - Expedites permit review for infill development. 10.Offer incentives to encourage ADUs that are affordable to lower -income households • Bellingham Housing Development: Guideline and Procedure Handbook (2019) - Housing Levy funds are available to support purchases of homes with ADUs. • Block Project - Nonprofit with a mission to construct and find homeowners in Seattle willing to host an affordable ADU on their residential properties. • Habitat for Humanity (Seattle -King & Kittitas Counties) - South Park Project - This award -winning Habitat for Humanity project, funded in part through Seattle Housing Levy funds, includes ADUs. • Fannie Mae: HomeReady Accessory Unit Income and Boarder Income Flexibilities (2022) - Expands access to creditworthy low-income borrowers. Community land trust (CLT) examples • National League of Cities: How One Colorado Community Land Trust Is Preserving Homeownership and Affordability (2021) - Elevation Community Land Trust operates in partnership with a Denver Housing Authority initiative to support homeowners and prevent displacement. Their approach includes building ADUs to create more living space for family members or a new source of income. • T.R.U.S.T. South LA (& four other California CLTs): Increasing Community Power and Health through Community Land Trusts (2020) - The Community Land Trust Association of West Marin, in collaboration with the Housing Authority of Marin County, offers zero -interest loans, permit fee waivers, and other benefits for homeowners to create ADUs for use as affordable rental units. • Shelterforce: Affordable ADUs: How It's Being Done - Explores pilot programs and other strategies for financing ADUs for low- and moderate -income homeowners. Appendix B. Relevant G M H B cases for counties Futerwise v. Snohomish County, Case 22-3-003, Final Decision and Order. The Board found that the county failed to protect agricultural lands of long-term commercial significance, in violation of RCW 36.70A.177, and was inconsistent with multi -county and countywide planning policies, in violation of RCW 36.70A.210. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 53 7.A.b • Loon Lake Property Owners Association, et al V. Stevens County, Case No. 01-1-0002c, Compliance Order (May 30, 2008) — Allowing an ADU on all parcels —including substandard lots-- can considerably increase density in rural areas; regulations should contain specific criteria to curtail indiscriminate increased density. • Friends of San Juans. et al v. San Juan Countv. Case No. 3-2-0003c coordinated with Nelson. et al v. San Juan County, Case No. 06-2-0024c, FDO/Compliance Order (Feb. 12, 2007) — Regulations allowing a detached ADU on substandard rural lots allowed residential use to predominate over rural uses and were therefore noncompliant. Kittitas County Conservation, et al v. Kittitas County, Case No. 07-1-0015, Final Decision Order (Mar. 21, 2008) — County ADU regulations must contain density provisions to preserve rural character —failure to do so would result in "urban -like" density in rural areas. Peninsula Neighborhood Association v. Pierce County, Case No. 95-3-0071, Final Decision and Order (Mar. 20, 1996) — Local governments are required to include ADU provisions in their development regulations, but those regulations must be consistent with the GMA requirement that local governments reduce sprawl in rural areas. • Yanisch v. Lewis County, Case No. 02-2-0007c, Order on Compliance Hearing (Mar. 12, 2004) — County definition of "rural character" must comply with GMA; subdivision or sale of ADU to family member may not be approved if doing so creates lots of less than five acres. Appendix C. Resources for programmatic elements 1. Address the use of ADUs as short-term rentals • La Conner Municipal Code Sec. 15.110.080 — ADUs may not be used as short-term rentals. • Langley Municipal Code Sec. 5.40.030 — A maximum of 50 ADUs can be used as short-term rentals in Langley. • Marysville Municipal Code Sec. 22C.180.030 — ADUs aren't permitted as short-term rentals. • Roslyn Municipal Code Sec. 18.140.030 — ADUs may be rented for a minimum of 60 days. • Tukwila Municipal Code Sec. 18.50.220 — Doesn't allow ADUs to be rented for periods of less than 30 days. 2. Provide user-friendly communication materials • Bellingham: Homeowner's Handbook to Building an ADU — This handbook, developed by the Whatcom Housing Alliance and the City of Bellingham, includes ADU basics and information on permitting, design, construction, and costs. • Jefferson County: The ABCs and 123s of ADUs (2022) — This guide, developed by the Housing Solutions Network, includes information for homeowners considering ADU development, particularly for affordable housing. • Lynnwood ADU Guide — One -page guide with an overview of the city's ADU requirements, including those related to size, design, and setbacks. • Poulsbo Accessory Dwelling Units — This webpage includes ADU basics, benefits of an ADU, code requirements, permitting process, handouts, and flow charts. • Redmond ADU (Handouty(2019) — This one -pager includes an overview of the city's ADU requirements and permit process. • San Juan County Detached ADU Permit Application Checklist (2018) — One -page overview of all permit application requirements. • Seattle: A Guide to Building a Backyard Cottage (2010) Spokane Accessory Dwelling Unit Current Allowances (2022) — Includes quick facts. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 36 SEPTEMBER 2023 Packet Pg. 54 7.A.b Tacoma ADU Tip Sheet (2022) - Includes development standards, permit requirements, submittal and review process, and more. Tacoma Accessory Dwelling Units Design Guide (2022) - A handbook for building ADUs. Toronto, Canada • Changing Lanes - Laneway Suites in the City of Toronto - Provides requirements, reports, and other information for laneway suites (i.e., detached ADUs abutting a public laneway). • Garden Suites - Offers rules and regulations, key considerations, and other information for garden suites (i.e., detached ADUs that do not about a laneway). • YouTube - City of Toronto Garden Suites Draft Rules - Video discussing the city's draft rules for garden suites. • Vancouver ADU Fact Sheet (2022) -Includes FAQs. 3. Provide information on landlord -tenant laws for prospective ADU owners and ADU tenants • A Regional Coalition for Housing (ARCH): Renting Out An ADU - Information on finding tenants, rental agreements, landlord -tenant relationship, and more in East King County. • Bellevue: Residential Rental Regulations - Contains general guidelines for ADU rental terms. • Kenmore Ordinance No. 22-0545 (2022) - Adopts tenant protections increasing notice for rent increases, capping late fees, capping move in fees and deposits, and more. The ordinance notes that "dwelling unit" has the same meaning as the state's Residential Landlord -Tenant Act (RCW 59.18.030), which defines it as "...a structure of that part of a structure which is used as a home, residence, or sleeping place by one or two or more persons maintaining a common household..." • Kirkland: Tenant Protections - Includes new tenant protections related to notice of rent increases, maximum security deposit, and enforcement. • Redmond: Living in Redmond - Includes information on the city's new tenant protections. 4. Provide information on ADU financing and funding programs • Fannie Mae: HomeReady Accessory Unit Income and Boarder Income Flexibilities (2022) - Expands access to creditworthy low-income borrowers. • Freddie Mac: Accessory Dwelling Unit (ADU) FAQ - Includes common questions about Freddie Mac's ADU loan terms. • UC Berkeley's Terner Center for Housing Innovation & USC's Lusk Center for Real Estate: ADU Construction Financina (2022) - Includes product examples and considerations. • A Regional Coalition for Housing (ARCH): ADU Lending Assistance - Includes information about both private and public financial requirements and assistance. • Local Investing Opportunities Network (LION) - Provides loans for ADU development in Jefferson County. 5. Provide information on ADU condominium conversions Bellevue ADU Reform Land Use Code Amendment (LUCA) - The city is updating its code to remove barriers for the construction of attached ADUs, including removing the prohibition on condominium conversion. 7. Create a program to encourage legalization of unpermitted ADUs Code examples • Burien Municipal Code Sec. 19.17.070 - ADUs without city approval may be legalized if the owner applies for the applicable permits. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS SEPTEMBER 2023 Packet Pg. 55 7.A.b • Enumclaw Municipal Code Sec. 19.34.240 - Allows ADUs that existed as of November 1, 2001, to be legally established with an application, inspection, and affidavit. Permit application fees were waived within the first year of the relevant ordinance being in effect. • Kirkland Municipal Code Sec. 115.07 - An ADU inspection is required for issuance of an ADU permit if it was built without a final building permit. • Langley Municipal Code Sec. 18.22.115 - An ADU that existed as of January 22, 2019, may be legally established and may continue to be used as an ADU with an application, inspection, and affidavit. • Mukilteo Municipal Code Sec. 17.30.040 - ADUs built without proper permitting may become legal if the owners submit an application and fulfill parking and owner occupancy requirements, among others. • Newcastle Municipal Code Sec. 18.31.050 - ADUs may become legal following an application and inspection process. • Roslyn Municipal Code Sec. 18.140.030 - If an ADU was created without a building permit, the city requires a building inspection to determine if the structure is sound, will not pose a hazard to people or property, and complies with the ADU requirements and building code. Otherresources Casita Coalition: Legalizing an Unpermitted ADU (2022) - Provides guidelines for homeowners to legalize existing ADUs. Seattle: Construction Permit - Establishing Use - This webpage provides that to legalize an existing unit, a construction permit is needed to establish use: additionally, there could be a need to apply for electrical service changes or new services from Seattle City Light. Seattle Department of Construction and Inspections • Tip 217 - How to Legalize a Use Not Established by Permit (2022) - Includes the rationale for applying for a permit to establish a use and how to document a use for the record. • Tip 606 - Illegal Dwelling Units (2022) - Defines illegal dwelling units and the process to legalize or remove them. 8. Provide pre -approved ADU plans • Lacey Accessory Dwelling Units - Four pre -approved detached ADU plans are available. • Raleigh. NC: ADU Fast Track Gallery - Provides ADU plans at a lower cost than typical design processes. Appendix D: Other ADU information and resources Definitions RCW 36.70A.696 - Provides statutory definitions. Seattle Office of Planning & Community Development: Encouraging Backyard Cottages - This webpage includes definitions for detached and attached ADUs. • Vancouver Municipal Code Ch. 20.810 -See Sec. 20.810.020 for ADU definition. Adopting ordinances Bremerton Ordinance No. 5410 (2020) - Amends section 20.46.010. in response to HB 1923 (2020). Bremerton Ordinance No. 5416 (2021) - Adopts amendments to the city's ADU regulations, including increasing minimum size, removing parking requirements, removing owner occupancy requirements, and changing design standards. Langley Ordinance No. 1051 (2019) - Amends several sections of the Langley Municipal Code, including section 18.22.155, to encourage housing options and increase housing affordability. REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 38 SEPTEMBER 2023 Packet Pg. 56 7.A.b • Seattle Ordinance (2019) — Amends multiple sections of the Seattle Municipal Code to remove barriers for attached and detached ADUs and add a floor area ratio requirement in certain single-family zones. Spokane Ordinance No. C36225 (2022)— Amends multiple sections of the Spokane Municipal Code to increase flexibility for ADUs. Changes to the ADU regulations were a Washington State Department of Commerce grant deliverable. Tacoma Ordinance No. 28576 (2019) — Amends multiple sections of the Tacoma Municipal Code to allow detached ADUs in single-family zones, simplify regulatory requirements, reduce regulatory barriers, and increase flexibility in building design, size and location. See also the pre -amble to early versions of HB 1337, which provides a number of finding support ADU ordinances. Code reform processes • Bellevue ADU Code Reform — The city's land use code amendment will remove barriers and encourage the construction of attached ADUs. • Everett ADU Amendments — Includes project documents for process to simplify ADU regulations. • Policies in housing and comprehensive plans • Burien Comprehensive Plan: Chapter 2 - Plan Policies (2022) — See the housing element (2.4) goals specifically focused on ADUs: Pol. HS 1.3, Pol. HS 1.10 and Pol. HS 1.11. • Everett Housing Action Plan (2021) — ADUs are noted as a key strategy to increase housing variety. See section related to ADUs: "Increasing Housing Variety" Recommendation 1.1. • Kent Housing Options Plan (2021) — See information related to ADUs in page 71 (Table 5.3) and pages 146148. • Langley Comprehensive Plan (2018) — See land use (LU), housing (H), and utilities and capital facilities (UCF) goals and policies related to ADUs: LU-4.8, H-1.1, H-4.1, H-4.4, and UCF-1.3. • Olympia Housing Action Plan (2021) — ADUs are a key implementation strategy for increasing the variety of housing choices (see Chapter 2: Strategy 4). • Seattle 2035 Comprehensive Plan (2020) — See the policies related to ADUs: Land Use (LU) policy LU 7.5, Greenwood/Phinney Ridge (G/PR) housing policy G/PR-P11, Queen Anne (QA) policy QA-P13, Wallingford (W) housing policy W-P14, and Westwood Highland Park (W/HP) housing policy W/HP-P21. • Spokane Comprehensive Plan - Housing Chapter (2017) — See H 1.19 (Senior Housing), H 1.20 (ADUs). Regional and national reports and websites • accessorydwellings.org — A one -stop source about ADUs, multigenerational homes, laneway houses, ADUs, granny flats, and in-law units. • American Association of Retired Persons (AARP): All About Accessory Dwelling Units — Free publications, and more, about how ADUs expand housing options for people of all ages. • American Planning Association (APA): Accessory Dwelling Units — Webpage with reports, briefing papers, articles, case studies, videos, and more. • A Regional Coalition for Housing (ARCH): Accessory Dwelling Unit — A comprehensive, user-friendly website from an affordable housing partnership organization focused on serving East King County. • MRSC: Accessory Dwelling Units — Webpage that provides a good summary about ADUs. • Puget Sound Regional Council Housing Innovations Program: Accessory Dwelling Units (2020) — Guide that includes an overview of ADUs in the Puget Sound region, along with model policies and regulations. • Shelterforce: ADUs - Laws and Uses, Do's and Don'ts — Summary of some key debates pertaining to ADU rentals. • University of Toronto: "The Citizen Developer" video (YouTube -- Short video discussing the benefits of small-scale housing. a REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 39 SEPTEMBER 2023 Packet Pg. 57 7.A.b REQUIREMENTS AND RECOMMENDATIONS FOR PERMITTING ACCESSORY DWELLING UNITS 40 SEPTEMBER 2023 Packet Pg. 58 WA Ti The A 4 ADUs A guide to Accessory Dwelling Unit and how they expand housing options for people of all ages DETACHED ADU GARAGE -CONVERSION ADU AARP.org/ADUs BASEMENT ADU �n ATTACHED ADU SECOND -STORY ADU Packet Pg. 59 7.A.c 1 VA Websites: AARP.org and AARP.org/Livable Email: Livable@AARP.org Facebook: /AARPLivableCommunities Twitter: @AARPLivable Free Newsletter: AARP.org/LivableSubscribe I* Orange Splot LLC Website: OrangeSplot.net Email: eli@OrangeSplot.net AARP is the nation's largest nonprofit, nonpartisan organization dedicated to empowering people 50 or older to choose how they live as they age. With nearly 38 million members and offices in every state, the District of Columbia, Puerto Rico and the U.S. Virgin Islands, AARP strengthens communities and advocates for what matters most to families: health security, financial stability and personal fulfillment. The AARP Livable Communities initiative works nationwide to support the efforts by neighborhoods, towns, cities, counties, rural areas and entire states to be livable for people of all ages. Orange Splot LLC is a development, general contracting and consulting company with a mission to pioneer new models of community -oriented, affordable green housing developments. Orange Splot projects have been featured in the New York Times, Sunset magazine and on NBC's Today show. (The detached ADUs on page 3 and the back cover are by Orange Splot.) Company founder Eli Spevak has managed the financing and construction of more than 300 units of affordable housing, was awarded a Loeb Fellowship by the Harvard University Graduate School of Design, cofounded the website AccessoryDwellings.org and serves as chair of Portland, Oregon's Planning and Sustainability Commission. AARP and Accessory Dwelling Units Visit AARP.org/ADU to order or download our free publications and find more resources about ADUs. -JRP The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages -1� AARP.org/ADUs 7ACCESSORY DWELLING UNITS Model State Act and Local Ordinance ■� ■• F I�I11 •® ■• ® AARP's ADU Publications (from left): This introductory guide; guidance about creating an ADU model state act or local ordinance; a detailed guide to design and development. Copyright ©AARP 2021, 2nd edition (lstedition published in 2019) 1 AARPisa registered trademark. I All rights reserved. No part of this publication may be reproduced in any form or by any means without the prior written permission of AARP, except brief quotations in connection with reviews written specifically for inclusion in magazines, newspapers or websites, or limited excerpts strictly for personal use. Packet Pg. 60 7.A.c Welcome! Come On In Accessory dwelling units are a needed housing option for people of all ages We know from surveys by AARP and others that a majority of Americans prefer to live in walkable neighborhoods that offer a mix of housing and transportation options and are close to jobs, schools, shopping, entertainment and parks. These preferences — coupled with the rapid aging of the United States' population overall, the decrease in households with children and the national housing shortage — will continue to boost the demand for smaller homes and affordable, quality rental housing. As small houses or apartments that exist on the same property lot as a single-family residence, accessory dwelling units — or ADUs — play a major role in serving a national housing need. This traditional home type is reemerging as an affordable and flexible housing option that meets the needs of older adults and young families alike. In fact, in the 2021 AARP Home and Community Preferences Survey, adults age 18 or older who would consider creating an ADU said they'd do so in order to: • provide a home for a loved one in need of care (86%) • provide housing for relatives or friends (86%) • have a space for guests (82%) • create a place for a caregiver to stay (74%) • increase the value of their home (69%) • feel safer by having someone living nearby (67%) • earn extra income from renting to a tenant (63%) Since ADUs make use of the existing infrastructure and housing stock, they're also environmentally friendly and respectful of a neighborhood's pace and style. An increasing number of towns, cities, counties and entire states have been adapting their zoning or housing laws to make it easier for homeowners to create ADUs. ■ A Accessory dwelling units (or ADUs) come in many shapes and styles. The ABCs of ADUs is a primer for elected officials, policymakers, local leaders, homeowners, consumers and others to learn what accessory dwelling units are and how and why they are built. The guide also suggests best practices for how towns, cities, counties and states can support the creation of ADUs as a way to expand and diversify housing options. The ABCs of ADUs I A A RP 1 Packet Pg. 61 7.A.c What ADUs Are — And What They Can Do ADUs are a family -friendly, community -creating type of housing the nation needs more of Although many people have never heard the term, accessory dwelling units have been around for centuries (see page 6) and are identified by many different names. To be clear about what's being discussed: • An ADU is a small residence that shares a single-family lot with a larger, primary dwelling • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and sleeping area • An ADU can be located within, attached to or detached from the main residence • An ADU can be converted from an existing structure (such as a garage) or built anew • ADUs are found in cities, in suburbs and in rural areas, yet are often invisible from view because they're positioned behind or are tucked within a larger home • Because ADUs are built on single-family lots as a secondary dwelling, they typically cannot be partitioned off to be sold separately • An ADU can enable family members (including family caregivers) to reside on the same property while having their own living spaces • An ADU can provide housing for a hired caregiver • An ADU can provide rental income to homeowners • ADUs are a practical option for tenants seeking small, affordably priced rental housing • For homeowners looking to downsize, an ADU can be a more appealing option than moving into an apartment or, if they're older, an age -restricted community • ADUs can help older residents remain independent and "age in place" • As an adaptable form of housing, ADUs provide flexible solutions for changing needs. ■ ADUs Are Also Known As ... Although most local governments, zoning codes and planners in the United States use the term accessory dwelling unit or ADU, these small homes and apartments are known by dozens of other names. The different terms conjure up different images. (Who wouldn't rather live in a "carriage house" than in an accessory or "ancillary" unit?) a� Even if you've never heard of accessory dwelling units Sivu , or ADUs, you have likely . heard of — and perhaps --- �ni know the locations of — !.=� some of the home types noted in the list at right. ■ A Renting out this 350-square-foot garage -conversion ADU in Portland, Oregon, helps the property owner, who lives in the lot's primary residence, pay her home mortgage. 1 Accessory dwelling units show up in neighborhoods throughout the country — and even in pop culture. One example: In the sitcom Happy Days, Fonzie (right) rents an above -garage ADU from the Cunningham family in 1950s-era Milwaukee, Wisconsin. • accessory apartment • backyard bungalow • basement apartment • casita • carriage house • coach house • English basement • garage apartment • granny flat • guest cottage • guest house • in-law suite • laneway house • multi -generational house • ohana unit • secondary dwelling unit 2 A A RIP I The ABCs of ADUs Packet Pg. 62 7.A.c ADUs Come in Many Shapes and Styles Since ADUs are custom designed and created, they're able to fit discreetly into all sorts of locations, including suburban subdivisions, walkable towns, urban neighborhoods — and, of course, large lots and rural regions. A An ATTACHED ADU connects to an existing house, typically through the construction of an addition along the home's side or rear. Such units can have a separate or shared entrance. In this example, the owners built a connection between the house and what was a detached garage. The addition and the space above the garage contain the ADU, which has its own entrance (pictured at right). Location: Anne Arundel County, Maryland Photo by Melissa Stanton, AARP ► Access to an UPPER -LEVEL ADU can be provided through a stairway inside the main home or directly from an exterior staircase. This 500-square-foot ADU is part of a 1,900-square-foot primary dwelling. Location: Portland, Oregon Photo by Eli Spevak, Orange Splot LLC A DETACHED ADU (aka DADU) is a stand-alone home on the same lot as a larger, primary dwelling. Examples include backyard bungalows and converted outbuildings. Location: Portland, Oregon Photo by David Todd A A GARAGE ADU converts all or part of an attached or detached garage into a residence. Other options: adding an ADU above a garage or building a new unit for both people and cars. Location: Cape May, New Jersey Photo by Melissa Stanton, AARP A A LOWER -LEVEL ADU is typically created through the conversion of a home's existing basement (provided that height and safety conditions can be met) during construction of the house or (above and on page 7) as part of a foundation replacement and house lift. Location: Portland, Oregon I Photo by Chris Nascimento The ABCs of ADUs I A A RID 3 Packet Pg. 63 7.A.c ADUs Are Good for People and Places Communities that understand the benefits of ADUs allow homeowners to create them ADUs are an economical housing option • ADUs can generate rental income to help homeowners cover mortgage payments or simply make ends meet. The income provided by an ADU tenant can be especially important for older people on fixed incomes. • Since the land on which an ADU is built already belongs to the homeowner, the expense to build a secondary residence is for the new structure only. • Many ADUs are created for family members or friends to reside in for free or at a discounted rate. In fact, when a loved one is in need of care or can't live alone, an ADU can be a viable alternative to a costly assisted -living facility. • Although market rate rents for ADUs tend to be slightly more than for similarly sized apartments, they often represent the only affordable rental choices in single-family neighborhoods, which typically contain few or no small or rental housing options at all. • The state of California and some municipalities are boosting ADUs by providing grants and other incentives as part of affordable housing and anti -displacement strategies to help lower -income households build ADUs or reside in them at reliable rents. ADUs are community - compatible • ADUs offer a way to include smaller, relatively affordable homes in established neighborhoods with minimal visual impact and without adding to an area's sprawl. • ADUs provide a more dispersed and incremental way of adding homes to a community than other options, such as multistory apartment buildings. • ADUs are typically managed by homeowners who live on the premises. Such landlords are less likely to tolerate a destructive tenant. ADUs are good for the environment • ADUs require fewer resources to build and maintain than full-sized homes. • ADUs use significantly less energy for heating and cooling. (Of all the ADU types, internal ones tend to have the lowest building and operating costs.) ADUs are just the right size • Generally measuring between 600 and 1,000 square feet, ADUs work well for the one - and two -bedroom homes needed by today's smaller, childless households, which now account for nearly two- thirds of all households in the United States. ADUs are able to house people of all ages • ADUs offer young people entry-level housing choices • ADUs enable families to expand beyond their primary home. • ADUs provide empty nesters and others with the option of moving into a smaller space while renting out their larger house or letting an adult child and his or her family reside in it. • An ADU's use can be adapted for different household types, income levels, employment situations and stages of life. ■ Big houses are being built, small houses are needed Do we really need more than three times as much living space per person as we did in 1950? Can we afford to buy or rent, heat, cool and care for such large homes? FACT. ADUs house more people per square foot of living area than single-family homes do. 4 A A RID I The ABCs of ADUs Packet Pg. 64 A 7.A.c HOME VISIT #1 Attached ADU Addition Santa Cruz, California Size: 500 square feet A The area with the darker roof shingles is the ADU that was added onto the home of Carrie and Sterling Whitley. V The Whitleys' ADU (that's Carrie showing off the front yard's new paths and plantings) has its own entrance on the side of the home and is being rented to the couple's daughter so she can help her elderly parents when needed. When Carrie and Sterling Whitley bought their house in 1971, they paid less than $15,000. Nearly 50 years later, similar homes on their street have sold for more than $1 million. THE PROBLEM: The Whitleys, who are in their 80s, own the house outright and don't want to move. But the financial and physical demands involved in maintaining the house are a challenge. A SOLUTION: To help low-income homeowners age 62 or older live independently and keep their homes, the Monterey Bay affiliate of Habitat for Humanity and the City of Santa Cruz launched My House My Home: A Partnership for Aging -in -Place. The pilot program builds accessory dwelling units so older homeowners can downsize into a new, aging -friendlier home and earn rental income from their original house. Or such homeowners can remain in their house and rent out the new, smaller residence. Participating homeowners are required to charge an affordable rental rate. REALITY CHECK: When the Whitleys' project broke ground in April 2017, they were the first homeowners to receive an ADU through the program, which worked with them to design the ADU as an addition to their existing home. Since the dwelling was built with accessibility features, Carrie and Sterling know they can downsize into it if they ever need to. Until then, their daughter, Brenda, resides in the addition. REAL LIFE: "I'm right next door to my parents in case they need me or need any help," Brenda says. Design: Historic Sheds I Builder. Historic Sheds I Cost to build. $758,000 in 2077 (not including volunteer labor) I Photos by Michael Daniel I Article adapted from Where We Live: Communities for All Ages (HARP 2078) The ABCs of ADUs I A A RP 5 Packet Pg. 65 7.A.c ADUs Are an American Tradition While today's interest in ADUs may be new, the housing type is centuries old Early settlers often built a small home to live in while constructing their larger, primary house nearby. When farming was a source of survival for most of the nation's households, families routinely constructed additional homes on their land when needed. People with wealth and acreage regularly populated their lands with secondary mansions and ancillary buildings independent of the main estate house. In fact, until the 20th century, people who owned land built as many homes as they wished, often for extended family or workers. There were few or no zoning rules, municipal services or infrastructure needs (utilities, roads, schools, trash collection, first -responders) to consider. A historic precedent for the modern day accessory dwelling unit is the "carriage house," or "coach house." Originally built for horse-drawn carriages, the structures associated with grander homes were frequently large enough to double as living quarters for workers such as stable hands. Decades later, in response to housing shortages and economic needs, many surviving carriage houses were V This carriage house containing a one -bedroom, one -bath ADU above a two -car garage sits behind a six -level, Gilded Age, Hoboken, New Jersey, townhome that was built in 1883. The dual residence property was on the market in 2018 for $5 million. converted into rental homes. By becoming landlords, the owners gained income from their often unused outbuildings. Automobile garages have a similar history. Some were originally built with a housing unit upstairs. Over time, many garages were converted (often illegally or under zoning codes no longer applicable today) into small homes when the spaces became more valuable for housing people than vehicles. With the rise of suburban single-family home developments following World War II, ADUs practically ceased to be built legally in the United States. Then as now, residential zoning codes typically allowed only one home per lot, regardless of the acreage and with no exceptions. Attached and detached garages occupied yard space that might otherwise have been available for ADUs. Some cities, including Chicago, grandfathered in pre-existing "coach house" ADUs — but only if they remained consistently occupied. In Houston's historic and trendy Heights neighborhood, old and new garage apartments are common and desired. Many communities don't allow new ADUs, even if they did in the past. Even in rural areas with ample land, property owners are often prohibited from creating secondary dwellings or continuing to live in preexisting ones. Countless units in single-family homes or yards are technically illegal simply because they date from when such units were not allowed. ADUs began making a comeback in the 1980s as cities explored ways to support smaller and more affordable housing options within single -dwelling neighborhoods. In 2000, in response to a growing demand for ADU- supportive guidelines, AARP and the American Planning Association partnered to release a model state act and local code for ADUs. An updated resource was published by AARP in 2021. (See an image of it on the inside front cover of this guide.) Many state and local governments are legalizing and encouraging the creation of ADUs (see page 8), driven by high housing costs and, in some cases, the belief that homeowners with suitable space shouldn't be so restricted in the use of their property. ■ Packet Pg. 66 7.A.c HOME VISIT #2 Garage Apartment ADU Denver, Colorado Size: 360 square feet A The apartment above the garage can be reached from inside the garage or from an exterior side entrance accessed from the yard it shares with the primary residence. HOME VISIT #3 Basement ADU Portland, Oregon Size: 796 square feet The transformation of this colorful Victorian was both a preservation and expansion project. TEACHING MOMENT: "Here's a very welcome breath of fresh air, especially in the face of so much gentrification that is going on in Portland!" declared Mark Lakeman, principal of Communitecture, an architectural, planning and design firm, about the pictured remodel. Writing on "I see our ADU as something very similar to a student loan," says Mara Owen. "It's somethingyou invest in the future with. It was cheaper than buying a house for Mom, and it lets her have independence. It's great knowing we can check in on her whenever." AH-HA MOMENT: Owen, her partner, Andrew, and their three dogs were sharing a one -bedroom, one -bath house with her mother, Diane. When Owen learned that ADUs were allowed in the city, she decided the best way to get more space for her small home's many residents would be to remove their "leaky and defunct" garage and build a new two -car garage with an apartment above it. WISE ADVICE: "Get a really great builder and architect," says Owen. "Interviewing architects was similar to a first date. It's not just who you feel connected with. That's important, but get to the values. It's a niche market, so see if you can find someone who has built ADUs before, because ADUs are a little different" FUTURE PLANS: The stairs to Diane's apartment are wide enough for a stair lift, if it's ever needed. The roof was built at the correct slope for the eventual installation of solar panels. Design: Hive Architecture I Builder: Hive Architecture I Cost to build: $167,000 in 2016 1 Photo by Mara Owen I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org. Visit the website to read about and see photographs of more ADU projects. A By lifting the house and digging beneath it, designers, engineers and builders turned a two-story, single-family home into a three-story, multifamily residence. (The ADU's entrance is pictured on page 3.) his company's website, he says the project provides a lesson in how to "adapt and reuse our precious historic houses so they can accommodate more people while also providing more income to support the existing home." HOW'D THEY DO IT? To add a basement rental unit, engineers lifted the house. The resulting ADU is roughly four feet underground and four feet above. THE ACHIEVEMENT, Adds Lakeman: "Unlike the seemingly pervasive method of simply tearing down existing buildings so that new, giant ones can be built, this approach achieves upgrades in energy efficient living places and adds density while retaining the continuity of our beloved historical urban environment." Design: Communitecture I Home Lift: Emmert International Builder: Tom Champion I Cost to build: $725,000 in 2015 1 Photos by Communitecture (before) and Chris Nascimento (after) The ABCs of ADUs I A A RP 7 Packet Pg. 67 7.A.c The Time Is Now Rules for ADUs continue to evolve and frequently differ from one town to the next Some communities allow almost any home to be set up with an ADU — so long as size limits, property line setbacks and placement caveats in relation to the primary dwelling are met. Others start with those basic standards and then layer on extra requirements that can make it challenging to create an ADU. (Learn more on pages 14 and 15.) Municipalities nationwide have been relaxing their restrictions against ADUs, and several states now require communities to allow them. Some examples New Hampshire and Vermont allow ADUs nearly everywhere single-family housing is permitted. New Hampshire's 2017 legislation stemmed in large part from the frustration of builders who couldn't construct the backyard cottages and garage apartments their clients desired. In 2020, the California legislature declared that "allowing accessory dwelling units in zones that allow single-family and multifamily uses provides additional rental housing, and is an essential component in addressing California's housing needs." The state allows up to one ADU and one JADU per lot. (What's a JADU? See page 14.) • Oregon requires cities and counties of certain sizes to allow ADUs in all single-family areas within urban growth boundaries. In 2021, the state extended ADU rights to rural residential areas. Other states allowing ADUs include Connecticut, Rhode Island and Utah. Many cities now allow ADUs, including Anchorage, Alaska; Atlanta, Georgia; Annapolis, Maryland; Asheville, North Carolina; Austin, Texas; Denver, Colorado; Honolulu, Hawaii; Houston, Texas; Louisville, Kentucky; Philadelphia, Pennsylvania; Phoenix and Tucson, Arizona; Seattle, Washington; and Washington, D.C.■ 1110- Located on the lowest floor of a town house, an English basement is a partially belowground apartment that has its own exterior entrance. They are typically found in older cities such as New York or (pictured) Washington, D.C. In the past, property owners used the space as servant quarters. Today, these essentially built-in ADUs are often used as rental apartments. 8 A A RP I The ABCs of ADUs To Encourage ADUs LOCAL OFFICIALS can ... • allow all ADU types (detached, attached, interior) • simplify the building permit process for ADUs • waive or reduce permit and impact fees • establish funding programs to help homeowners create ADUs • let garages be converted into ADUs without requiring replacement off-street parking • allow for the creation of a second ADU, subject to a combined size cap COMMUNITY PLANNERS can ... • adopt simple, flexible but nondiscretionary ADU rules about setbacks, square footage and design compatibility with the primary dwelling LENDERS can ... • work with homeowners to finance the construction of ADUs by using renovation loans ADVOCATES can ... • organize tours of completed ADUs in order to inform and inspire the community • educate homeowners, real estate agents, architects and builders about local zoning regulations and the permit process REAL ESTATE AGENTS can ... • educate themselves and their clients about rules for the construction of ADUs LOCAL MEDIA can ... • report on how and why homeowners build ADUs HOME VISIT #4 Internal ADU (Main Level) Portland, Oregon Size: 220 square feet Even small homes can have enough space for an ADU. An underused main floor bedroom in this 1.5-story, 1,500-square-foot bungalow was transformed into a studio apartment. AH-HA MOMENT: According to Joan Grimm, who owns the home with Rita Haberman: "What we were looking for in terms of a community and aging in place was right under our noses. Remove a fence and create a shared open space. Build a wall and create a second dwelling unit. It doesn't have to be complicated" REAL LIFE: "Creatively carving out an ADU from the main floor of our house saved on design and construction costs," Grimm adds. "It provides an opportunity for rental income, with no significant compromise to the livability of our home." HOME VISIT #S Internal ADU (Lower Level) Portland, Oregon Size: 795 square feet 1 The steps and side entrance lead to the studio apartment ADU, which was crafted out of an existing space. The covered porch to the right leads to the primary residence. The ADU contains a kitchen, small dining and living area, sleeping area, bathroom and laundry area. (See two interior photos on pages 19 and 20.) Design: Rita Haberman I Builder: RS Wallace Construction Cost to build: $55,000 in 2075 (with some work done by the homeowners) Photos courtesy Billy Ulmer I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org "We were looking for a way to live in our house for the rest of our lives and to generate at least some income in the process," Robert Mercer and Jim Heuer wrote for the program guide of the annual Portland ADU Tour when their home was part of the lineup. "An ADU offers the possibility of caregiver lodging in the future or even a place for us to live while we rent out the main house if we get to the point where we can't handle the stairs any longer." THE SOUND OF SILENCE: Internal ADUs often require that soundproofing insulation be installed between the primary dwelling and the accessory unit that's below, above or beside it. In Portland, the building code for duplex residences requires a sound insulation rating of at least STCC45. To property owners thinking about a similar ADU setup, the duo advise: "Think about how you live in your home and how having downstairs neighbors will change what V The door to the right of the garage leads to a ground -floor ADU with windows along the back and side walls. The upper -level windows are part of the main residence. you can and can't do with your space and what investment you are prepared to make in sound insulation." AN ADDED BONUS: "We are pleased that we have been able to provide more housing density on our property and still be in keeping with the historic character of our home." Design: DMS Architects I Builder. Weitzer Company I Cost to build: $261,000 in 2076 I Photo by Melissa Stanton, AARP Article adapted from the 2017 ADU Tour project profiles on AccessoryDwellings.org The ABCs of ADUs , A A RID 9 Packet Pg. 69 7.A.c BringingBack ADUs The reasons for creating or living in an ADU are as varied as the potential uses ADUs are flexible. Over time, a single ADU might be used in many ways as an owner's needs and life circumstances change. Following are just a few reasons why ADUs are created and by whom: EMPTY NESTERS can build an ADU and move into it, then rent out the main house for supplemental income or make it available to their adult children. FAMILIES WITH YOUNG CHILDREN can use an ADU as housing for a nanny or au pair or even a grandparent or two, who can then help raise their grandkids and be assisted themselves as they age. INDIVIDUALS IN NEED OF CARE can reside in an ADU to be near family members, or they can use the ADU to house a live-in aide. (In fact, ADUs can be an affordable and more comforting alternative to an assisted -living facility or nursing home.) HOME BUYERS can look forward to the rental income from an ADU to help pay their mortgage or finance home improvements, especially in expensive housing markets. HOME -BASED WORKERS can use an ADU as their office or workshop. HOMEOWNERS can use an ADU for guests or as housing for friends or loved ones who: • aren't yet financially independent, such as new high school or college graduates • need temporary housing due to an emergency or while renovating their own home • have disabilities but can live independently if family reside nearby ■ 1 The zoning code in Evanston, Illinois, permits accessory dwelling units, creating an opportunity for the owners of this 1911 home with an outbuilding in the backyard. 10 A A RID I The ABCs of ADUs Packet Pg. 70 A Walt Drake's southern -style, one -bedroom ADU has an E outdoor, wraparound porch that can be accessed without s HOME VISIT #6 using steps. The design is in keeping with other buildings in w the neighborhood. Detached ADU (One -Story) g Decatur, Georgia Size: 800 square feet When Walt Drake decided to downsize, his son Scott purchased his dad's house for himself and his family and built a detached ADU (or DADU) for Walt. "From not finding what we wanted for Dad, we decided to create it," says Scott. "Neighborhoods built in the 1920s have carriage houses. Building an ADU was a modern day version of something people have been doing on their property in this area for a hundred years." NEAR AND FAR: "We wanted the houses to be separate and to feel like we're each on our own property, but we're there for each other," says Scott. AGING -FRIENDLY: Building the ADU meant Walt didn't have to leave his home and neighborhood. "He was able to keep his own stuff and turn over what he didn't need to us," says Scott. "It kept my dad in place, which I think was important." FUTURE PLANS: Scott says the ADU is "serving its intended purpose" but that someday down the road it could be used as a long- or short-term rental. "The ADU could turn into lots of different things over the course of its lifetime." Design: Adam Wall, Kronberg Wall I Builder: Rob Morrell I Cost to build: $350,000 in 2074 1 Photo by Fredrik Brauer I Floor plan by Kronberg Wall Architects I Article adapted from `ADU Case Studies" by Lina Menard on AccessoryDwellings.org The ABCs of ADUs I A A R P 11 Packet Pg. 71 7.A.c ADUs Are Age -Friendly Housing New -construction ADUs can be created with "universal design" features An "age -friendly" home has a zero -step entrance and includes doorways, hallways and bathrooms that are accessible for people with mobility differences. Converted garages (such as the one pictured on page 2) are among the easiest and least expensive ADU solutions for aging in place since they're preexisting structures and generally have no -step entries. To learn more about making a home aging -friendly, download or order the AARP HomeFit Guide at AARP.org/HomeFit. HOME VISIT #7 Detached ADU Two -Story Seattle, Washington Size: 800 square feet Evelyn Brom's plan was to build a backyard cottage and rent it out. She would keep living in her two - bedroom home. AH-HA MOMENT: As the design developed, Brom realized that she wanted to live in the stunning wood -and -glass ADU. It was a good decision. A week before moving in, Brom was laid off from her job. REAL LIFE: The $3,000 a month Brom receives in rent for the main house (which is occupied by a three -generation family) provides a needed income. "Being laid off has made this arrangement a lifesaver," Brom says. If the stairs in the cottage ever become too hard to navigate, she can move back into her original one-story house and rent out the cottage instead. "Now I have options," she says. ----------------------�tsxbe (� IP I 2 STORY 800SF DADU ------------ I I A There's a powder room, open kitchen and living room on the first floor, with a bedroom — and bathroom upstairs. EXISTING SINGLE FAMILY RESIDENCE Design: Chrystine Kim, NEST Architecture & Design I Builder. Ian Jones, Treebird Construction I Photo by Alex Hayden Cost to build: $250,000 in 2074 1 Article adapted from Where We Live: Communities for All Ages (AARP 2018) Although Brom's property is only 0.13 acres, it's large enough to accommodate two homes, a patio, a lawn and a garage. A slatted wood fence with a gate divides the space between the two houses and provides privacy. 12 A A RID I The ABCs of ADUs Packet Pg. 72 t� HOME VISIT #8 PA Detached Bedroom St. Petersburg, Florida I .' Size: 240 square feet ` Bertha and her son John talked about someday buying a house with a mother-in-law suite. "Then one day someone came along and wanted my house, so I up and sold it," she explains. "But that left me homeless. I asked John if I could build a small house in his backyard and he agreed" CREATIVE THINKING: A detached bedroom is a permanent, accessory structure that, unlike ADUs, lacks a kitchen. But that's what makes these cabin -like homes more affordable to build than many ADUs and even tiny houses. WHAT'S INSIDE: Bertha's home contains a sleeping and living area and a full bathroom. "I paid for the little house and it's on my son's property. So I figured, if I'm cooking I can do it at my son's house," she says. (Her laundry is also done at his house.) r17 A A detached bedroom, which contains a bathroom but no kitchen, can provide housing for a loved one or serve as a home office or guest cottage. REAL LIFE: "Having access to my son's house makes it livable. Otherwise, I personally would not be happy It's very comforting to know that John is close by. Hopefully this will be my home forever." Design: Historic Sheds I Builder: Historic Sheds I Cost to Build: $50,000 in 2077 1 Photo by Historic Sheds I Article adapted from "ADU Case Studies" by Lina Menard on AccessoryDwellings.org Packet Pg. 73 7.A.c Practical Solutions for ADUs Local laws can both allow and appropriately control the creation of accessory dwellings There are more than 19,000 cities, 16,000 towns and 3,000 counties in the United States. ADU regulations are typically adopted at the local level, although several state legislatures have required cities to allow them. Where it's legal to build ADUs, homeowners still need to follow rules about where it can be done, how many square feet they can contain, how they can be used. These rules can be found in the local zoning code. There is a balance to strike between prudent ADU laws and encouraging their construction. For instance, after Portland, Oregon, relaxed its ADU rules in 2010 and waived impact fees (a savings of up to $12,000), the number of ADUs built rose from about 30 per year between 2000 and 2009 to nearly one a day in 2015. Changes in California's ADU rules saw Los Angeles go from 80 applications in 2016 to nearly 2,000 in 2017. Allowing Sonoma County homeowners to add both an ADU and a JADU (see the green box below) were among the policies adopted in the wake of the area's many devastating fires. Rules that discourage ADUs • ADU-specific regulations that don't also apply to primary dwellings (e.g., owner -occupancy requirements) • complex design compatibility criteria and approval steps • off-street parking requirements beyond those required for the primary dwelling • restrictions that limit ADUs to certain areas, particular zoning categories or to large lots • caps on square footage relative to the primary house that make it easy to add an ADU to a large home but hard or impossible to add one to a small home Well-intentioned but burdensome rules can stymie the creation of ADUs. ADU-related zoning codes should be restrictive enough to prevent undesirable development but flexible enough that ADUs get built. When a community is worried about a potentially undesirable outcome, it can — and many do — craft regulations to prevent particular building types, locations or uses. A city concerned about the environmental impact of new structures might prohibit placing detached ADUs in precarious locations, such as on steeply sloping lots. Communities wary of ADUs becoming, for instance, off -campus student housing can establish occupancy rules. Every community has its own priorities and concerns, and there's a wide enough range of regulatory controls that communities can write appropriate ADU rules. This inherent flexibility in the form and function of ADUs allows them to pass political muster and get adopted in a wide range of places. (See page 16 for more about uses and rules.) ■ Are ADUs allowed? Find out by calling your town, city or county office in charge of land use and permits — or stop by in person. You can also search for and read the zoning code through the local government's website. • If ADUs are allowed, ask what conditions, permit needs and impact fees apply. • If ADUs are not allowed and you want them to be, ask an elected official or your community's department of zoning and planning how the codes can be updated. • Then get organized and start advocating! 14 A A RID I The ABCs of ADUs Packet Pg. 74 7.A.c Creating for Understandings an ADU Zoning Code The ADU section of a community's zoning code needn't be overly complicated. it just needs to establish clear, objective and fair rules for the following: 1. A Definition: A good zoning code clearly defines its terminology. Here, for example, is a useful outline for what, in the real world, is a very fluid term: "An ADU is a smaller, secondary home on the same lot as a primary dwelling. ADUs are independently habitable and provide the basic requirements of shelter, heat, cooking and sanitation." 2. The Purpose: This is where the code describes key reasons a community allows ADUs. They should: • increase the number of housing units while respecting the style and scale of the residential neighborhood • bolster the efficient use of existing housing stock and infrastructure • provide housing that's affordable and responds to the needs of smaller, changing households • serve as accessible housing for older adults and people with disabilities 3. Eligibility: Who can build an ADU and on what type of lot? A statement in this part of the code clarifies that an ADU can be placed only on a "residentially zoned lot." (Some communities provide lot size standards.) 4. Creation: The code sets out how an ADU can be built. For instance: "An ADU may be created through new construction, the conversion of an existing structure, as an addition to an existing structure or as a conversion of a qualifying existing house during the construction of a new primary dwelling on the site" S. Quantity: Most municipalities that permit ADUs allow one per lot. Those allowing two typically permit one internal and one external. Some allow duplexes or townhomes to have an ADU, either in the backyard or on the ground floor. 6. Occupancy and Use: A code should state that the use -and -safety standards for ADUs match those used for the main dwelling on the property. (See page 17 for more.) Visit AARP.org/ADU to download Accessory Dwelling Units: Model State Act and Local Ordinance, a free publication that can be used by state and local officials to develop ADU policies. 7. Design Standards: Size and height: A zoning code might specify exactly how large and tall an ADU is allowed to be. For instance: "An ADU may not exceed 1,000 square feet or the size of the primary dwelling, whichever is smaller." Codes often limit detached ADUs to 1.5 or 2 stories in height. An example of that language: "The maximum height allowed for a detached ADU is the lesser of 25 feet at the peak of the roof or the height of the primary dwelling." Parking: Most zoning codes address the amount and placement of parking. Some don't require additional parking for ADUs, some do, and others find a middle ground — e.g., allowing tandem parking in the driveway and/or on -street parking. (See page 16 for more about parking.) Appearance: Standards can specify how an ADU's roof shape, siding type and other features need to match the primary dwelling or neighborhood norms. Some codes exempt one-story and internal ADUs from such requirements. (See page 16 for more.) 8. Additional Design Standards for Detached ADUs: • Building setbacks: Many communities require detached ADUs to either be located behind the primary dwelling or far enough from the street to be discreet. (A code might exempt preexisting detached units that don't meet that standard.) Although such a rule can work well for neighborhoods of large properties with large rear yards, communities with smaller lot sizes may need to employ a more flexible setback -and -placement standard. • Building coverage: A code will likely cap the combined lot coverage of a detached ADU and the primary dwelling to a specific percentage. • Yard setbacks: Most communities have rules about minimum distances to property lines and between buildings on the same lot. ADUs are typically required to follow the same rules. ■ The ABCs of ADUs I A A RP 15 Packet Pg. 75 7.A.c ADU "Hot Topics"" As communities allow ADUs or update existing zoning codes and rules to be more ADU-friendly, they inevitably wrestle with some or all of the following issues: Adding ADUs to neighborhoods Recognizing that ADUs may represent a new housing type for existing neighborhoods, communities often write special rules to ensure they'll fit in well. These guidelines typically address visual compatibility with the primary dwelling, appearance from the street (if the ADU can be seen) and privacy for neighbors. Rules that help achieve these goals include: • height and size caps mandating that ADUs be shorter and smaller than the primary dwelling • requirements that detached ADUs be behind the main house or a minimum distance from the street • mandates that the design and location of detached ADUs be managed the same way as other detached structures (e.g., garages) on the lot • design standards for larger or two-story ADUs so they architecturally match the primary dwelling or reflect and complement neighborhood aesthetics • encouragement for the creation of internal ADUs, which are often unnoticeable from the street Each community can strike its own unique balance between strict rules to ensure that ADUs have a minimal impact on neighborhoods and more flexible rules that make them easier to build. A Providence, Rhode Island, has many homes that were built as or long -ago converted into multidwelling units. (Notice the two front doors.) A homeowner can live in one apartment while renting out the other. Providing places to park ADU regulations often include off -street -parking minimums on top of what's already required for the primary dwelling. Such rules can prevent homeowners from building ADUs if there's insufficient space for added parking. However, the extra parking often isn't needed. Studies of Portland, Oregon, and the San Francisco Bay area found that ADU households own an average of 0.9 cars. That's half the national average of 1.8 cars per household. With just over 2 percent of Portland homes having an ADU (the highest percentage of any large city in the country), there's roughly one extra car parked on the street every six blocks. This suggests that, even in booming ADU cities, any impact on street parking from ADUs is likely to be very small and dispersed. More -realistic parking rules might: • require the creation of new parking only if the ADU displaces the primary dwelling's existing parking • waive off -street -parking requirements at locations within walking distance of transit • allow parking requirements for the house and ADU to be met by using a combination of off-street parking, curb parking and tandem (one car in front of the other) parking in a driveway Dealing with unpermitted ADUs It's not uncommon for homeowners to convert a portion of their residence into an ADU in violation (knowingly or not) of zoning laws or without permits Such illegal ADUs are common in cities with tight housing markets and a history of ADU bans. One example is New York City, which gained 114,000 apartments between 1990 and 2000 that aren't reflected in certificates of occupancy or by safety inspections. Sadly, in 2021, several city residents living in unsafe basement apartments drowned in their homes due to flooding caused by Hurricane Ida. Some cities have found that legalizing ADUs, simplifying ADU rules and/or waiving fees can be effective at getting the owners of illegal housing units to "go legit" — and address safety problems in the process. ■ 16 A A RID I The ABCs of ADUs Packet Pg. 76 7.A.c Allowing and Restricting Uses Communities get to decide whether to let ADUs be used just like any other housing type or to create special rules for them. Some municipalities prefer the simple approach: regulating ADUs like other homes. So if a home -based child-care service is allowed to operate in the primary dwelling, it is also allowed in an ADU. Conversely, communities sometimes adopt ADU-specific regulations in order to avoid undesirable impacts on neighbors. Examples of those regulations include: Limiting short-term rentals ADUs tend to work well as short- term rentals. They're small and the owner usually lives on -site, making it convenient to serve as host. However, if ADUs primarily serve as short-term rentals, such as for Airbnb and similar services, it undermines the objective of adding small homes to the local housing supply and creating housing that's affordable. In popular markets, short-term rentals can be more profitable than long-term ones, allowing homeowners to recoup their ADU expenses more quickly. In addition, short-term rentals can provide owners with enough income that they can afford to occasionally use the ADU for friends and family. A survey of ADU owners in three Pacific Northwest cities with mature ADU and short-term rental markets found that 60 percent of ADUs are used for long-term housing as compared with 12 percent for short-term rentals. Respondents shared that they "greatly value the ability to use an ADU flexibly." For instance, an ADU can be rented nightly to tourists, then someday rented to a long-term tenant, then used to house an aging parent. ADUs intended primarily for visting family are sometimes used as short-term rentals between visits. Cities concerned about short-term rentals can regulate them across all housing types. Doing so might mean that special rules are not needed. An approach employed in Portland, Oregon, is to treat ADUs the same as other residences except that any financial incentives (such as fee waivers) to create them are available only if the property owner agrees not to use the ADU as a short-term rental for at least 10 years. Requiring owner occupancy Some jurisdictions require the property owner to live on -site, either in the primary house or its ADU. This is a common way of addressing concerns that absentee landlords and their tenants will allow homes and ADUs to fall into disrepair and negatively impact the neighborhood. Owner -occupancy rules are usually implemented through a deed restriction and/or by requiring that an annual statement confirming residency be filed. Some cities go further, saying ADUs can be occupied only by family members, child- or adult -care providers, or other employees in service of the family. Owner -occupancy requirements make the financing of ADUs more difficult, just as they would if applied to single-family homes. But as ADUs have become more common, owner -occupancy restrictions have become less so, which is good. Such requirements limit the appraised value of properties with ADUs and reduce options for lenders should they need to foreclose. Enforcing owner -occupancy laws can be tricky, and the rules have been challenged in courts, sometimes successfully. However, according to a study by the Oregon Department of Environmental Quality, more than two-thirds of properties with ADUs are owner - occupied even without an owner - occupancy mandate. ■ The zoning code of Brevard, North Carolina, a city of fewer than 10,000 residents, allows ADUs, which are referred to as "secondary dwelling units" and are allowed "within residentially -zoned, single-family and duplex lots." The code states that such homes "shall be encouraged and designed to meet housing needs," adding that "[s]econdary dwelling units shall be accessory and subordinate to the primary living quarters." In the image at left, the one-story cottage is the primary dwelling. The apartment above the detached garage is the secondary dwelling. The ABCs of ADUs I AARP 17 Packet Pg. 77 7.A.c ode Spoiceir ADUs vary from studio apartment -like spaces to multi -bedroom, multi -story structures. Regardless of size, the result is a needed residence A top floor ADU can be a suitable rental for a student or someone who travels a lot for work. ADU expert Kol Peterson grew up in a home with an attic ADU that was usually rented to law school students. "They had to walk up the primary house's interior stairs in order to access the affordable attic unit," he writes in Backdoor Revolution: The Definitive Guide to ADU Development. "Over the years that each of them lived there, the tenants became part of our family." The alcoves in the ADU area above a garage provide a light -filled work space in one, and a reading nook in the other. (See the attached ADU's exterior on page 3.) This studio apartment internal ADU uses a wardrobe cabinet to separate the bedroom from the living area and kitchen (seen on page 19). 18 A A RP I The ABCs of ADUs Packet Pg. 78 7.A.c As an independent living space, an ADU has its own bathroom and kitchen. Depending on the available square footage — and sometimes on the local zoning code or the property's plumbing and utility connections — an ADU might have a full kitchen with full-sized appliances and a dining area (top) or a smaller but functional kitchenette. This interior is from the detached ADU pictured below right and on the back cover. Fun fact: A coat closet and extra kitchen shelving are built into the base of the circular staircase. In a small home, every bit of space counts! i A The kitchen of this internal ADU (also seen at the top of page 9 and in the bedroom image at left) has a full-sized range but a mini -refrigerator. Some ADU owners install a one- or two -burner electric cooktop and a convection microwave in lieu of an oven. The second story of this detached ADU is accessed by the spiral staircase shown in the image at top. The space features a bedroom and a sitting area that could be used as a nursery, office or den. A full-sized, stacked washer -dryer is hidden behind a closet door. The ABCs of ADUs , A A RP 19 Packet Pg. 79 7.A.c Just One More While not technically ADUs, tiny houses can serve a similar purpose I Because tiny houses are typically built on a trailer with wheels rather than a fixed foundation, they are usually treated by zoning as recreational vehicles (RVs) or manufactured (aka mobile) homes. In Portland, Oregon, and a growing number of smaller cities, tiny houses can be legally occupied on any residentially -zoned lot. Since they're small — typically under 400 square feet — tiny houses can fit in a space too small for an ADU. Many include a kitchen and bathroom. Some function more like a detached bedroom. A unique plus: Unlike ADUs, tiny houses can move to a new location as needed. "The Lucky Penny" tiny house measures 8 feet wide by 14 feet, 6 inches long and provides 100 square feet of living space. The home, which is located in the backyard of a single-family residence, features a pullout bed, a kitchenette, a shower, built-in storage, and three large windows plus a skylight to provide lots of nature light. 20 A A RP I The ABCs of ADUs Packet Pg. 80 7.A.c The ABCs of ADUs A guide to Accessory Dwelling Units and how they expand housing options for people of all ages WRITTEN AND EDITED BY: Eli Spevak, Orange Splot LLC I Melissa Stanton, AARP Livable Communities ART DIRECTOR: Mimi Park, Design Park, Inc. COPY EDITOR: Don Armstrong I ART PRODUCTION: Steve Walkowiak PROJECT ADVISERS AND REVIEWERS: Danielle Arigoni, Director, Livable Communities, AARP Government Affairs Karen Chapple, Professor, University of California, Berkeley Lina Menard, Founder, Niche Consulting Heather Peters, Senior Housing and Community Development Policy Analyst, San Mateo County, California Kol Peterson, Cofounder, AccessoryDwellings.org I Owner, Accessory Dwelling Strategies LLC, Portland, Oregon Denise Pinkston, Partner, TMG Partners Harriet Tregoning, (Past) Principal Deputy Assistant Secretary, U.S. Housing and Urban Development Jake Wegmann, Assistant Professor, University of Texas at Austin COVER IMAGE CREDITS (clockwise from top left) Front: Alex Hayden I Communitecture: Architecture, Planning, Design I AccessoryDwellings.org I Melissa Stanton, AARP I AccessoryDwellings.org Back: Kol Peterson, BuildingAnADU.com I Eli Spevak, Orange Splot LLC I Schuyler Smith, Polyphon Architecture & Design, LLC A NOTE TO READERS: Many of the photographs and project examples in this publication are from Portland, Oregon, which was one of the first municipalities in the nation to allow and encourage the creation of accessory dwelling units. To learn more about ADUs — and to order or download this guide — visit AARP.org/Livable. Other useful resources include: • AccessoryDwellings.org • BuildingAnADU.com • Planning.org (the website of the American Planning Association) • And the websites of the states, cities and towns mentioned in this guide as allowing and encouraging the creation of accessory dwelling units. Packet Pg. 81 7.A.c ABOVE -GARAGE ADU DETACHED -BEDROOM ADU DETACHED ADU • An accessory dwelling unit is a small residence that shares a single-family lot with a larger primary dwelling. • As an independent living space, an ADU is self-contained, with its own kitchen or kitchenette, bathroom and living/sleeping area. (Garage apartments and backyard cottages are each a type of ADU.) • ADUs can enable homeowners to provide needed housing for their parents, adult children, grandchildren or other loved ones. • An ADU can provide older adults a way to downsize on their own property while a tenant or family member resides in the larger house. • Since homeowners can legally rent out an ADU house or apartment, ADUs are an often -essential income source. • ADUs help to improve housing affordability and diversify a community's housing stock without changing the physical character of a neighborhood. • ADUs are a beneficial — and needed — housing option for people of all ages. Learn more about ADUs and ARP Liva Communities e-Newslette Be among the first to learn when RP releases more livability es and resources. .. A, VA D2o473 Packet Pg. 82 7.B Planning Board Agenda Item Meeting Date: 12/13/2023 Election of Officers for 2024 Staff Lead: Mike Clugston Department: Planning Division Prepared By: Michael Clugston Background/History Elections are held at the end of the year for the upcoming year. Staff Recommendation Elect a Chair and a Vice Chair Narrative N/A Packet Pg. 83 7.0 Planning Board Agenda Item Meeting Date: 12/13/2023 Discuss Planning Board's January 16 Presentation at Council Staff Lead: Mike Clugston Department: Planning Division Prepared By: Michael Clugston Background/History The Planning Board enabling language in ECC 10.40.020(D)(5) states that "the city council shall meet periodically with the planning board at a city council meeting in order to review and update planning board agendas. The intent of this section is to stimulate continuing communication between mayor, city council and the planning board in an effort to identify and solve the problems facing the city of Edmonds. Nothing herein shall be construed to limit the manner in which items are placed on a planning board agenda nor the topics that may be considered by the planning board." Planning Board members last met with the City Council on March 28, 2023, where they provided an overview of their role and responsibilities, discussed projects they had recently reviewed, and discussed their extended agenda. The minutes from that meeting are included as Attachment 1 as is a weblink to the meeting. Staff Recommendation Discuss the approach for the Board's January 16 presentation to Council. Narrative N/A Attachments: City Council Minutes of March 28, 2023 March 28, 2023 City Council meeting Packet Pg. 84 7.C.a that may result in more flooding on Edmond properties. The City's stormwater engineer explained flow infiltration is already required in the Edmonds Basin for any development and the only way volumes would be regulated would be via greater detention and would not involve any infiltration and would not result in more flooding. Councilmember Olson asked why the City requested a landscape variance to waive a requirement for trees within the setback area. Mr. Olbrechts responded there was very limited space and there was nowhere else to put the greenhouse that would not impact circulation. The only place to put greenhouse was in location of the required trees. Councilmember Nand asked Mr. Olbrechts to comment on protection of critical areas. The City is trying to comprehend how HB 1110 and other bills under consideration by the state legislature will affect the ability to protect critical areas, whether that was a concern he had heard from other cities and how he anticipated the bills would affect the hearing examiner process in the future. Mr. Olbrechts answered he has have not heard much yet. Critical area ordinances are required by the GMA and are based on best available science and are pretty strict. Edmonds applies their regulations a little more strictly than other communities which is backed by case law. He would be surprised if there was any significant impact. Councilmember Nand said while the drafters of the bills say nothing can be permitted as multifamily if it was not permitted as single family under the current zoning laws, the allowance of much tighter subdivision of existing lots and how that may affect stormwater and critical area habitat is a concern to a number of environmentalists. Mr. Olbrechts said what he knows about those bills is they are not telling cities they will have to be more lenient with their critical area regulations. There are exemptions such as reasonable use and variances, but the fact that someone has the right to develop multifamily on a lot in addition to a single family home does not make their position more compelling with regard to reducing stream or wetland buffers to accommodate that use especially with Edmonds' commitment to protecting environmental resources. Takings' case law for critical areas has always been if someone can build one single family home on a single family lot, their constitutional property rights are protected and they would not qualify for a variance or reasonable use exception to build multifamily. Councilmember Buckshnis asked for further explanation regarding the appeal of the DNS for the stormwater regulations and asked him to explain more about PFAS, relaying her understanding there needed to be more code to protect the aquifer and the environment from PFAS. Mr. Olbrechts answered the bottom line is the amendments that the City considered and he assumed were ultimately approved would not increase the amount of stormwater infiltration of pollutants including PFAS. The way the City interpreted the regulations prior to the amendments did not change the practice following the amendments with regard to what could be infiltrated into the City's groundwater. With regard to what changed in the amendments and adding PFAS to groundwater was too speculative under the SEPA appeal rules to conclude there would be an increase in PFAS contamination. The city attorney and stormwater engineer pointed out the Department of Ecology does not have a treatment methodology for PFAS in their stormwater regulations. The City must, at a minimum, adopt the DOE recommended stormwater manual. There is no known treatment methodology for PFAS at this time so even if there was an environmental impact, there was no way for the City to mitigate it. The main reason he denied the appeal on that issue was from the evidence in the record, there would not be a material increase in PFAS contamination in the ground water. Councilmember Buckshnis acknowledged this is a new topic that only appears on 60 Minutes most of the time. 2. PLANNING BOARD UPDATE Planning Board Chair Judi Gladstone commented the planning board started the new year with the council's approval of four new planning board members. The board waited a long time to have those positions filled and are pleased such engaged new members joined the four veterans members and the Edmonds City Council Approved Minutes March 28, 2023 Page 3 Packet Pg. 85 7.C.a student representative. With a full board and a new planning manager, the board is on its way toward functioning effectively. She reviewed: • Approval of Planning Board Handbook o Intended to bring clarity to the planning board's function and how the board functions o Provides orientation for new members and ensures more effective succession for planning board members. • November 2022 Report o What we plan on doing ■ 2024 comprehensive plan update - Planning board awaiting clarity from planning department on comprehensive plan elements ■ Development Code modernization - Designated street fronts - Wireless facilities - CG stepbacks - Minor code amendment process - Tree code updates - Five Corners BN zoning update - Subdivision code updates - Sustainable development code review and updates - Low impact/stormwater code updates ■ Additional Items on our extended agenda - Climate Action Plan update and public outreach - Housing policies and implementation - Quarterly updates from Parks & Recreation - Semi-annual joint meetings with city council - Periodic development activity reports - Further Highway 99 implementation • Issues planning board has addressed since November 2022 o Recommendations ■ Minor Code Amendment Process ■ Minor Tree Code amendments o Discussion/Feedback ■ Civic Playfield Rules ■ Complan Vision Statement o Briefings ■ Parks quarterly report ■ CG Zoning Emergency Ordinance ■ Climate Action Plan Update • Current Extended Agenda Issues o Zoning and code issues require three touches by the planning board (introduction, public hearing, discussion and recommendation) o Zoning Changes ■ CG Zone ordinance ■ BN Zoe Use Change o Code Changes ■ Tree Code - Private Property & New Development ■ Critical Aquifer Recharge Area Code ■ MF Design Standards Code ■ Wireless Code ■ ADU Code o Complan Update Edmonds City Council Approved Minutes March 28, 2023 Page 4 Packet Pg. 86 7.C.a Required Elements - Planning board reviews and makes recommendations - Shoreline Policies - Utilities - Capital Facilities - Transportation - Housing - Land Use Non -required Elements - Does city council want the planning board to make recommendations on non -required elements - Subarea Plans Economic Development Parks & Recreation and Open Space Introduction Potential Issues - Does city council want the planning board to discuss and provide a recommendation? o Parks acquisition in South Edmonds o BNSF Planning and Waterfront Plan o Others • Council feedback o Priorities among the list of code changes o Recommendations on non -required elements of Complan o Particular considerations for any of the required elements. Councilmember Buckshnis thanked Planning Board Chair Gladstone for her understanding of the difference between mitigation and adaptation in the Climate Action Plan (CAP), relaying her opinion that the planning board should have taken a deeper dive into the CAP. She noted the CAP or other adaptive elements are not mentioned such as sea level rise and blue carbon. Chair Gladstone answered she would look for adaptation policies in the comprehensive plan elements such as transportation, housing or the non -required element that addresses sustainability. Adaptation becomes embedded in everything; it would not have its own plan but would come to the forefront in those policies. Councilmember Buckshnis referred to the Waterfront Study, commenting the council had one presentation where number concerns were voiced and the plan has never come back to the council. She hoped the Waterfront Study would not be presented to the planning board before coming to the council to address the issues the council raised. Councilmember Buckshnis noted there was also no reference to the Highway 99 SEIS, pointing out the City needs to start thinking about the environment. With regard to the Southeast Edmonds property, consideration should be given to the fact that the highest and best use may be something else because it is zoned residential. When property is downzoned, the assessed value changes. She expressed appreciation for the work Chair Gladstone does and her logical and pragmatic answers and questions and encouraged her to mentor the rest of the planning board. Councilmember Nand thanked Gladstone and Vice Chair Beth Tragus-Campbell for their excellent work and for sticking it out on the planning board and helping train new members. She identified four issues: 1) As liaison to the tree board, she was aware there is no real policy regarding tree retention. In southeast Edmonds where she lives, residents are alarmed with clear cutting. The City could benefit from pursuing a tree retention policy, especially with an emphasis on retaining the mature tree canopy, a concrete tool that would put the City into compliance with the CAP. 2) Councilmember Nand favored the planning board providing council a recommendation on non -required elements of the comprehensive plan, specifically issues such as subarea plans and naming of the subareas. There is consternation by some that areas were named without input from the residents in those communities. For example, residents in her Edmonds City Council Approved Minutes March 28, 2023 Page 5 Packet Pg. 87 7.C.a neighborhood were surprised to learn they lived in the Gateway neighborhood. It is the planning board's job to provide an avenue for citizen input and naming could be a valuable PR exercise for the City. 3) Councilmember Nand favored the planning board providing input on the park acquisition in SE Edmonds. The City uses a subcontractor to scope perspective properties, but it would be great if there was an avenue for residents to communicate with the City about vacant or underutilized lots in their neighborhoods that could be considered for park acquisition. 4) Developing subarea plans for areas that have traditionally received less attention such as North Edmonds. Councilmember Chen thanked Chair Gladstone and Vice Chair Tragus-Campbell for their outstanding service on the planning board. He and Chair Gladstone both served on the Citizen Housing Commission (CHC) in 2019; he would like to see the CHC's 15 recommendations considered especially regarding ADUs and duplexes even if bills the state legislature is considering such as HB I I10 and others are approved. He supported the planning board researching the size and suitability of the park acquisition in SE Edmonds. In his opinion, areas on Highway 99 that have higher density are in greater need for green spaces, especially with more apartment complexes being constructed in that area. Councilmember Teitzel thanked Chair Gladstone and Vice Chair Tragus-Campbell for their service. With regard to the Civic Field hours of operation, he recalled there was a hearing or a presentation to the planning board. Vice Chair Tragus-Campbell answered the planning board received public comment on that issue but it was not an official public hearing. Parks presented their recommendation and after hearing public comment and the staff s recommendation, the planning board recommended proceeding with staffs recommendation at least in the interim to see what issues arise that require changing rules versus the perception of issues which may be resolved through environmental design. The planning board requested a review within a year of the park opening; she was hopeful that would occur by the end of the summer. Councilmember Teitzel commented multifamily design standards are an important issue for the City and will become more important if the bills regarding upzoning and lot splitting are approved by the legislature. He asked if the planning board was aware of those bills and if they had been briefed on the impact they could have on the planning board's work. Vice Chair Tragus-Campbell answered the planning board was aware of the bills; at the last meeting, the planning board recommended delaying review and recommendation on some of the housing aspects of the comprehensive plan until later in the summer to await the outcome of those bills. Councilmember Teitzel recognized the planning board has a role in park acquisition and asked if the planning board had been brought into the discussions about park acquisitions and what role did the planning board feel they should play in making recommendations on those acquisitions. Vice Chair Tragus-Campbell said it was her understanding the planning board had not been brought into the discussion about the SE Edmonds park acquisition and the board was not aware of the potential acquisition until the presentation at a previous city council meeting. There have been discussions in the past about the planning board considering and vetting property, but at the time the property was being vetted, the board was informed it was not to a point where the information could be released. The planning board would like to have a step in the process where they could provide feedback before properties are presented to council and would like to be involved in future acquisitions. She appreciated Councilmember Chen's suggestion for the planning board to provide input on the suitability of acquisitions. Councilmember Teitzel agreed the planning board needed to be involved sooner. Councilmember Teitzel observed in the past planning board input may not have been given due deference in the council process. He asked whether planning board members should attend and/or co -present on key issues. Chair Gladstone recalled at the end of 2022, the board discussed how the board could make its position/recommendation known. That could be accomplished via a memo or a planning board member sitting with staff when presentations are made. Having a planning board member sit at the table with staff Edmonds City Council Approved Minutes March 28, 2023 Page 6 Packet Pg. 88 7.C.a can be valuable to answer council questions about what the planning board was thinking during their deliberations as well as allow the planning board to provide their recommendation regardless of whether it was in line with the planning department's recommendation. Councilmember Olson noted a lot of the questions asked were also on her radar so she will repeat but not elaborate on them. She expressed interest in the planning board weighing in on the vision statement, noting if everything flows from the vision statement, it is critical to get it right. It will be important to have the planning board vet that fully whether that means a town hall or other means to ensure everyone understands and agrees that is the vision for the City's future. She also emphasized subareas plans, relaying her desire to do subarea plans for all the areas of Edmonds. Not having subarea plans has delayed the tree code and housing recommendations because one size does not fit all, what works in one place does not work everywhere, and the right tree in the right place is not the same depending on the location. She agreed with another councilmember that it is critical the administration, council and planning board prioritize the development of subarea plans. With regard to the CHC recommendations, Councilmember Olson recalled that was identified during the council retreat as a topic the council will take up by this summer and she was hopeful that could be done before the recommendations are reviewed by the planning board. She recalled previous discussions about the planning board's heavy workload, noting things also arise that are not on their work plan such as the Civic Park rules. She wondered whether some of the planning board's work related to parks could be apportioned to the tree board Councilmember Olson commented on design standards to yield neighborhood feel in spite of density changes that may be the result of state legislation or to implement increased GMA numbers. For example, if there is no difference between what can be done for single family and an detached ADU, what is missing from the single family zoning requirements that needs to be added. Putting more parameters on single family may be the way to ensure things don't get weird and ugly. She noted getting the tree code right is a priority, recalling a councilmember who expressed interest in a carrot approach rather than a stick approach. Edmonds is a community that loves nature and trees and right tree right place and she anticipated encouragement would go further toward retaining mature trees because whenever residents anticipate the City plans to pass punitive or limiting regulations, trees are removed. Councilmember Paine thanked the planning board for their service. She was unsure the council has determined the priorities for code changes and anticipate that would require coordination with the planning department. With regard to recommendations on the non -required elements, there is already sustainability planning in the comprehensive plan even though it was not required. There is legislation being considered that will add sustainability as a required elements. With regard to the CHC's recommendations, she recalled a prior council, perhaps two years ago, identified four top priorities which included DADUs and ADUs, multifamily design standards and two others. She did not want the CHC's work to be ignored as it was important to the community and there was a lot of community engagement. Councilmember Nand commented the planning board is a volunteer board who is not paid for the many hours they devote in service to the City. She suggested the planning board discuss having the tree board or parks and recreation constituted separately from the planning board. She recalled Parks, Recreation and Human Services Director Feser's interest in having a volunteer coordinator. Chair Gladstone answered it would be possible to alleviate the planning board's workload. Updating the comprehensive plan results in peak workloads but workloads are reduces when that is completed. In the two years she has been on the planning board, there has been a lot of work. The planning board is trying reduce the amount of time they spend in briefings at meetings and having members read materials outside meetings. Having a separate parks board would be great in the interim, but in the long run, the workload will even out especially if less time is spent on briefings. She recalled in the time she has been on planning board, the lion's share of Edmonds City Council Approved Minutes March 28, 2023 Page 7 Packet Pg. 89 meeting time has been spent on briefings, not deliberating on recommendations. That needs to be different during the comprehensive plan up. Vice Chair Tragus-Campbell relayed with new planning board members and the new planning manager, there is an effort to include more detail on the extended agenda regarding items. For example, Ms. Feser's last report was provided in writing and she was available for questions that were not addressed in the report and instead of a 45-60 minutes presentation, it was under 5 minutes. The board is trying to improve communication with city staff support and focusing their time at meetings. Chair Gladstone added for items like the tree code, it is important for the planning board to hear from the tree board because the planning board are not technical experts on trees. Councilmember Teitzel relayed the council's intent that the code update be holistic. The planning board may have reviewed the minor code amendment process for the ECDC; the council's intent is for that to apply to the entire code including the ECDC and ECC so that task will be larger than the planning board may have thought. Councilmember Buckshnis referred to the reference to BN zone use change on the planning board work plan. Chair Gladstone answered that is Business Neighborhood such as Five Corners; there is a citizen request to consider that. Councilmember Buckshnis recalled in about 2014, the UW Green Futures Lab developed form based code for Five Corners as well as Westgate. She recalled the late Councilmember K. Johnson wanted to pursue that but it fell on deaf ears. 5. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER OLSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Mayor Nelson described the procedures for audience comments. Marlin Phelps explained he attempted to make a public records request earlier today as apparently the City's website is down. In the past he was able to make public records requests via phone. He described the reason for his public records request. When he visited the court one day in the past, he saw then -Court Administrator Joan Ferebee doing accounts receivable behind the window using a calculator that was creating a long tape. When he visited a month later, he saw the same thing. He was not able to see the numbers but they were either two or three digits. He ordered via CDs of the court proceedings, originally for his own proceedings, but in listening to Judge Fair on the CDs, every defendant paid huge fines. His public record request is to listen to the amounts in any month in the first half of 2014, add them up and see if there is a huge discrepancy between those amounts and what was put in the City coffers, that would be the modus operandi to kill Thomas Wales. Ted Hikel, Lynnwood, asked the Edmonds City Council to do something about gun safety in light of the tragedy that occurred yesterday; he has also asked the Lynnwood City Council to do the same. He relayed a well -liked republican senator this morning said the things we're heard, thoughts and prayers go out, but it is too soon to talk about it. That's what was said after Sandy Hook, Parkland, and Uvalde; somebody has to talk about it. It is something he has to do; he will go to every city council in Snohomish County and will try to go to every city council in western, eastern and central Washington. He has done it before when he was on the board of directors for AWC for a number years and talked with people from Pullman to Ocean Shores, from Blaine to Vancouver. This is personal, something needs to be done. He asked the Edmonds City Council to do something, pass a resolution or ordinance, noting passing an ordinance may be unconstitutional. During the 20 years he was on the Lynnwood City Council, he once voted for Edmonds City Council Approved Minutes March 28, 2023 Page 8 Packet Pg. 90 Planning Board Agenda Item Meeting Date: 12/13/2023 December 13 Extended Agenda Staff Lead: Mike Clugston Department: Planning Division Prepared By: Michael Clugston Staff Recommendation Review and discuss the December 13 version of the Planning Board extended agenda. Narrative Packet Pg. 91