Posted: May 17, 2024

Edmonds City Council is holding a public hearing on May 21 to discuss the proposed acessory dwelling unit/detached accessory dwelling  (ADU/DADU) unit code updates drafted by the Edmonds Planning Board and city planning staff. See council agenda here. These have been driven by passage of HB 1337 and amount to a sea change in land use for the City of Edmonds. Some code changes are mandated in the bill.

The Alliance of Citizens for Edmonds (ACE) continues to recommend that council approve largely only the minimum, required HB1337 requirements and subsequently plans for evaluation of the successes and shortcomings in the revised ADU/DADU code. Then a need for further updates based on lessons learned from the evaluation can be implemented (two-step approach). If additional updates are proposed, we suggest council consider a “good neighbor” approach to both balance minimizing neighborhood impacts and increase housing opportunities.

The Alliance has reviewed the State Department of Commerce guidance (Guidance for Accessory Dwelling Units in Washington State v3.4). We note below where city staff and the Planning Board’s proposed code updates exceed/differ from the requirements in HB1337 and are therefore discretionary:

• No off-street parking requirements
• Increased 1,200 sf gross floor area (GFA) maximum in some zones
• Reduced rear setbacks from 15 feet to 5 feet (in some instances) on smaller lots
• No owner-occupancy restriction on the use of ADUs for short-term rentals (STR, RCW 36.70A.680(5)(a))
• No design standards: “In some cases, standards may be used to address privacy, making sure that the ADU’s windows are located to preserve privacy between the ADU and neighboring properties of private open space”

ACE is glad to see consideration being given to housing for the elderly and those with mobility and/or developmental issues who wish for smaller living quarters that are close to family or friends. One-story ADU/DADUs with smaller living space best meet the needs of these residents. ADU/DADUs also provide an option for multigenerational living that is becoming a living style of choice for many in the “sandwich generation.”

The impact of these changes may bring neighbor into conflict with neighbor and/or city staff. Therefore, it is imperative that any discretionary code changes allowing for the building of ADU/DADUs be done within a thoughtful, considerate framework for consensus building that also meets the parameters of HB1337. That is why ACE recommends that Council use a “good neighbor” framework in reviewing any discretionary updates and ask themselves, “would this be the action of a good neighbor”? If not, can it be amended in such a way as to foster a “good neighbor” approach? Doing so will minimize the likelihood of conflict arising among neighbors or angry residents confronting city staff over updates. Good Neighbor considerations include a 15-foot height limit in exchange for incentives, considering neighbors privacy (window locations), requiring off-street parking (at least for larger units), similar construction materials and color, no roof decks, a minimum of 10-foot rear setbacks on smaller lots and occupancy requirements when the unit will be used as a short term rental.

The Alliance believes that several recommended code updates where the proposals exceed what is in the bill should be revised as follows:

• The maximum size of all ADU/DADU units should be set at 1,000 square feet, as HB 1337 requires. Allowing some units on larger parcels to be 1200 square feet is not a “market” consistent update. New two-bedroom, one-bath units in South Snohomish County are being built between 950 and 1,025 sq ft. Building the higher square footage will only add to the cost burden of the ADU/DADU.
• Setbacks should remain unchanged from current lot development standards. When researching the rationale for these development standards, ACE members found that
  • safety
  • natural resource protection
  • first responder access
  • ventilation
  • lighting
  • sound insulation
  • fire retardant landscaping

are the main reasons for setbacks while privacy and aesthetics are follow-on considerations. Setbacks are not a “nice look only” development standard.

• Off-street parking for each ADU/DADU should be required as delineated in HB 1337. When a unit has no off-street parking, it does not offer safety for residents with mobility concerns as all ingress and egress for the unit must be done on a street. Since one of the key purposes for offering this type of living unit is to increase the housing available for those with mobility issues and/or the elderly, all should be done to ensure their safety while entering and leaving their unit from public sidewalks and streets. The issue of parking should be considered with these residents in mind, not the young and agile who can travel on foot or bike. While this does add to the cost of building the ADU/DADU, it is a safety-first concern.

Finally, ACE finds that several things were not addressed in the updates:

• HB 1337 allows cities to require owner-occupancy on one of the units if a unit on the lot is used as a short-term rental. ACE believes this option should be added to the code update.
• There is nothing in the code update that stipulates there needs to be a sidewalk leading to a detached ADU so that those with canes, wheelchairs, strollers or motorized carts can access the units. Again, the lack of this as a requirement rather belies one of the key rationales for building such units.
• No mention of evaluation of the effectiveness of the code update was made at any meeting. ACE recommended at the outset that city staff establish a two-step process for ADU/DADU code revisions. Step one is making the necessary changes without going beyond what is mandated as far as size, parking, etc. Step two would be analyzing the data and then drafting further code revisions to address the continuing barriers for this type of living unit. Evaluation should always be a planned part of any revision process.

Please join fellow residents and help finalize code updates that meet the city needs without getting rid of the “Everyone’s Edmonds” look and charm. As residents, you can  make your voice heard to members of  Council by emailing  thoughts and comments to council@edmondswa.gov by COB, Monday, May 20.

— By Karen Haase Herrick, President
Alliance of Citizens for Edmonds